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."

[Magic Fingers]

"It's not a good thing if you believe in private property, contractual integrity, or the creation of new music."

The desire to create new music is not a function of private property rights or contractual integrity. It has been created and heard for thousands of years.

[Magic Fingers]

"People create music because they want to, not for a paycheck."

I have created music for which I've been paid, and music for which I've received no money. I still keep creating.

[Jeff Chandler]

>>If the drug industry had this kind of paradigm, no one would ever get well.<<

Funny you should mention drugs while discussing rock music.

[Magic Fingers]

"It has always been part of the human experience, but only as long as there has been someone to feed the artists. You have a very naive view of the economics involved."

And you have a very uninformed view of the creative impulse.

[Magic Fingers]

"Music existed before there was a solid tradition of trademark law because musicians had royal patrons feeding them."

The history of music parallels the history of man. What part do you think was due to "royal patrons"? All of it?

[Smedley]

I'm very familiar with the ASCAP Nazis. I think that some of their antics are ridiculous.

However, one doesn't need ASCAP to administer my scheme.

[Larry381]

The recording industry barons rape the artists so hard that by the time they get their cut of a $20 CD, "loooove" is the only motivation that they have left.

I worked with some of the early rock n roll artists in the late 50's thru mid 60's and there were many who never received a penny in royalties for songs they recorded. If it wasn't for live appearances they would have been broke. While this may no longer be true-record companies have much to answer for.

[supercat]

I'm kind of dismayed that everyone is greeting this news by running around saying yay, let's share some more copyrighted songfiles.

What the RIAA fear most is not that people will copy their (RIAA's) music, but rather that musicians will use file-sharing to promote their own wares and decide they don't need the RIAA's "promotional" services.

If the RIAA doesn't want people to listen to music for free, why do they pay radio stations to play their music? And anyone with a decent audio system can easily record songs off the radio.

What's needed isn't royalty charges on media, or new evil projects like Palladium. After all, people still buy software which can be copied and distributed no less easily than music. What's needed is a recognition that the current oligopoly the big five record companies have over music promotion is not justifiable morally or technologically. They will lose, and deserve to lose, from competition from independent record labels.

[eno_]

However, one doesn't need ASCAP to administer my scheme.

In fact what you need is the absence of ASCAP, the RIAA, and half a dozen laws they bought.

[supercat]

Why should we tip waitresses, there's no law that says we have to, we do it because of respect.

And how much respect do record companies earn?

[Smedley]

In fact what you need is the absence of ASCAP, the RIAA, and half a dozen laws they bought.

Very, very, very true

[supercat]

At that pricepoint, it wouldn't even be worth the time and trouble to put together an album from MP3s downloaded off the web.

Yes, but if nobody were downloading the RIAA's music on the web, the RIAA wouldn't have an excuse to shut down filesharing. Since filesharing gets around the RIAA's oligopoly on "promotion", the RIAA would stand to lose huge amounts of money from it even (especially!) if nobody could copy RIAA music.

[BJungNan]

the logical economic conclusion of this ruling

The logical economic conclusion of this ruling is that the record industry has to find a way to solve its problem without infringing on the rights of others. You don't see banks trying to make cars illegal because cars are used to rob banks.

[LibertarianInExile]

WELL SAID.

I'm so sick of hearing that 'There goes music, all we're gonna get to hear in the future is crickets and folk singers in bars' tripe.

[Luis Gonzalez]

"Rock is dead..."

Yes, I know, but what does he have to do with this issue?

[Cogadh na Sith]

Hmmm... I heard he got it from bad meat in the can.

[Tribune7]

Great news!

[Shethink13]

Yes, but think about it: the very minute my band publishes a song, I no longer can charge anyone for it, because it is already FREE on the internet.

That's absurd. No one is preventing you from charging for your music. You have no constitutional right to a profit. If the price is right and the product is desirable, the free market will reign.

How many people do you know wouldn't rather just purchase a prerecorded videotape of a movie rather than record it off the TV? Market forces have brought the price to a level that makes this the more sensible choice. The same will happen with the music industry.

I sure do love capitalism.

So who can make a living writing or playing music?

Ever heard of a live concert?

[drlevy88]

Precious little but they do earn fear!

[drlevy88]

After all, people still buy software which can be copied and distributed no less easily than music.

Some software phones home on registration to authenticate itself. Perhaps in the future, music will be software like this. And fig leaves of laws will forbid recording it from the speaker output.