Judge: File-swapping tools are legal !!!!

CNET ^ | 4/25/2004 | John Borland

[ArcLight]

A federal judge in Los Angeles has handed a stunning court victory to file-swapping services Streamcast Networks and Grokster, dismissing much of the record industry and movie studios' lawsuit against the two companies. In an almost complete reversal of previous victories for the record labels and movie studios, federal court Judge Stephen Wilson ruled that Streamcast--parent of the Morpheus software--and Grokster were not liable for copyright infringements that took place using their software. The ruling does not directly affect Kazaa, software distributed by Sharman Networks, which has also been targeted by the entertainment industry.

"Defendants distribute and support software, the users of which can and do choose to employ it for both lawful and unlawful ends," Wilson wrote in his opinion, released Friday. "Grokster and Streamcast are not significantly different from companies that sell home video recorders or copy machines, both of which can be and are used to infringe copyrights."

[BurbankKarl]

I think this ruling has more to do with the software, rather than the activity....

[eno_]

I got just a little off track from the main subject, cheaters, lazy, and cheap. If you don't have to pay for really good music, it dies as we know it. If you can steal music, why not shoplift, rob banks, and kill people.

There are an infinite number of business models that do not exist today because you can't protect the product. One more will make no difference, and the demise of the record label indicates no moral defects. In fact, there will be numerous benefits.

Before there were record labels and the DMCA, murder, robbery, and shoplifting were not rampant. I don't think they will become rampant after record labels disappear.

[Tauzero]

Yes, likely the NEA will continue to promote music to which no one listens.

The music to which people actually listen will be paid for by private parties, as it has always been.

[BurbankKarl]

I didnt really pay much attention to Dave Matthews until I started seeing someone who listens to his music. They pretty much let you record anything at their concerts, with non professional equipment...kind of like the Grateful Dead's old policy. They have a fan club, with a website, etc. You get discounts when the new CDs come out, and more importantly, priority on concert tickets for the yearly tour. This way, they can sell their best seats to their best fans, and avoid ticketmaster surcharges, etc. For years the artists have complained that they havent been paid well by the record companies...which, I guess its true. The record companies are the ones hurting the most from the online trading, etc. The artists make it up on the tours, merchandise, etc.

On another unrelated note...we deal with some production companies in the movie industry....they hand out DVDs like they are Halloween candy. The production companies are only charged a buck for each of them, and they hand them out to visitors, vendors, etc. So, the consumer pays the $29 for a DVD, but those inside the industry get them for free.....also, most the people I ever knew ripping of cable with illegal converters were the ones in the industry...



>>>1) Give the music away on the Internet. Charge for giving concerts.
(2) Make the music available for free on your website. Charge for tee-shirts, coffee cups, and anything else you can "brand."
(3) Sell music to PC & video game makers as background and scene music.
(4) Provide music as scene music to "indy" film makers for "free" in exchange for a cut of the take. Which means a cut of the video tape sales and rental income.

[Smogger]

With few exceptions, drugs, contrary to your assertion, did not exist and were never developed in any meaningful way before trademark law.

Say what? Liquor, Marijuana, Opium, and so on existed long before trademark law.

[perez24]

I'm not completely sure about that. I downloaded a lot of files from AudioGalaxy and ended up buying a lot more CD's from people like Shooting Star, Cheap Trick, Marshall Tucker, Yes, etc., because I realized again how much their music.

[The Red Zone]

How would they tell who is who? I download a music stickful, give it to my friend, then re-download the same music stickful, give it to another friend, etc... are these people going to have to present their fingerprint to a reader before the player will play their stick?

[grace_and_glory]

On-line: what a great way to send out high quality music CHEAP and FAST with high bandwith. I would gladly shell out a little money to the music industry to not have to mess with low-quality files and wait time. In return, they wouldn't have to distribute the hard-copies; it would all be central. Why aren't any of the big guy's catching on? I can't AFFORD $18 for every time I like ONE song and want the CD.

[grace_and_glory]

We can't wast time with what "should be." Capitalizm is all about what IS, and then figuring out how to make money on it.

[MattGarrett]

Uh, actually "Happy Birthday" is COPYRIGHTED.

Play "Happy Birthday to You" for Elsa!

[MattGarrett]

Well, if the music industry would follow the HBO model for those who wish to download, artists and song writers would still make money.

People would pay a monthly fee for downloading music. That fee would be used to pay royalties or to license music for download. Artists, songwriters, and companies would still, under the HBO model, make money. And, in fact, may even make a better profit since their distribution costs would be - in theory - cut. No packaging or shipping - no printing costs - no CD manufacturing - or a smaller amount for those who actually want to buy a CD.

It has the potential to be the distribution arm of the future.

[mitchbert]

didn't they come to an agreement to place a flat royalty fee per recording machine & blank tapes produced (audio and video) as a way to compensate the content industry?

Yes, but the royalty fee is problematic in and of itself. With the diving price of media there will shortly become a situation where the tax (I'm using Canadian assumptions here) will be greater than the price of the media. Unacceptable. That doesn't even begin to address the fact that there's no data that indicates that media is being used more for music than business data. We're getting scr*wed, and no money in Canada is being disbursed until the cases are settled. It's a tax scam by our Liberal government.

[freedumb2003]

That's where the money is - the Stones sure aren't selling a lot of copies of "Beggars Banquet" these days.

You are incredibly wrong. Mny of the old classic albums continue to sell well and make up the bulk of music sales today. In the recording industry, they have what is called "catalog," which is essentially old stuff that still sells and perovides the bulk of the industry revenues. The industry has been making noises for about 5 years since very little of the music in the last 10 years has any shelf life -- music is now made like NFL teams -- to get the $ now, NOT to last. THAT will kill the musing industry far faster than the internet,

[Henk]

Well, that means you can kiss the recording industry--and rock music--goodbye permanently

How about goodbye and good riddance.

[Skooz]

Ahhhhhhhhhhhh ..... The Ninth.

The magnum opus of the human race.
The ultimate artistic achievement of mankind.

If my house wasn't in disarray from preparation to having carpet installed, I would probably crank that one up myself. It always blows me away. I've listened to it hundreds of times, and it still blows my doors off.

I like to listen to it real loud.

[Skooz]

Dude, what's up with your profile page?

[Destro]

That is why no such flat blind royalty is being accepted as a solution by makers of burners and blank cds.

[George W. Bush]

Can I download the ruling on Kazaa?

Better not. You might get sued or hacked by RIAA.

But here's a link to the text of the decision posted at EFF's server (PDF document, 1.4MB).

And here's the thread at Slashdot (400+ posts).

Can someone flag the anti-KaZaA wackos here at FR that keep telling us how we're all going to jail?

[vrwcregistered]

Guns don't kill people. People kill people.

Software doesn't copy music and movies. People copy music and movies.

This is your brain. This is your brain on liberal, it's always somebody else's fault pap. Get it?

[George W. Bush]

Even if I do the bootlegging in my bedroom? What about my constitutional right to privacy?

Sodomy, bigamy, polygamy, incest, bestiality: all okay in the privacy of your home.

Copy a few CD's and go to prison after a show trial that would make the old Soviet commissars blush.