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Judge: File-swapping tools are legal !!!!
CNET ^ | 4/25/2004 | John Borland

Posted on 04/25/2003 11:59:07 AM PDT by 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."

(Excerpt) Read more at news.com.com ...


TOPICS: Breaking News; Culture/Society; News/Current Events; Technical
KEYWORDS: grokster; morpheus; peertopeer; techindex
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To: mitchbert
I argue this all the time based on those cases--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?
81 posted on 04/25/2003 12:44:54 PM PDT by Destro (Know your enemy! Help fight Islamic terrorisim by visiting www.johnathangaltfilms.com)
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To: Principled
I agree. The movie studios raised the same kinda hell when VCR's came out. They said it would doom their industry, blah, blah, blah. The movie industry has never made more moola than it has lately.
82 posted on 04/25/2003 12:45:12 PM PDT by geedee (Such is the human race, often it seems a pity that Noah didn't miss the boat.)
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To: The Old Hoosier
I guess I see a day coming with in-demand radios and players, with scrambling devices akin to cable boxes.

What happens in the interim, I do not know.

83 posted on 04/25/2003 12:45:13 PM PDT by William McKinley (You're so vain, you probably think this tagline's about you)
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To: The Old Hoosier
*ROFL* There will be no more 'professional' musicians! As if! Every person that gets rich and then decides to go into music could be one. Every one that decides to play in the Philharmonic is one. Every musician that derives an income from teaching other musicians is one. Who's to say that other organizations won't spring up to fill the void? Remember that a vaccum will not last long in nature -- people want music and will endure, no question. P.S. if "professional" you mean "able to sound like bands that play on the radio" you might want to look around you. There are literally tons of musicians who have day jobs and have the same amount of skill as folks on the radio. If Nirvana and the Sex Pistols and NKOTB can make it...
84 posted on 04/25/2003 12:45:13 PM PDT by =Intervention= (so freaking sick of the lies...)
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To: GalaxieFiveHundred
LOL! I take it your pleased with the court's ruling!
85 posted on 04/25/2003 12:45:28 PM PDT by octobersky
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To: ArcLight
cool beans

i'm gonna go download the web now

hope it don't slow anyone down!


86 posted on 04/25/2003 12:45:33 PM PDT by ALS
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To: AndyTheBear
Furthermore, there are the rights of us software developers to consider.

It's not you versus the music people.

You may not see it, but you're next...

87 posted on 04/25/2003 12:46:32 PM PDT by The Old Hoosier (Right makes might.)
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To: The Old Hoosier
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. So who can make a living writing or playing music?

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

Empirically, it is easy to show the above is not true: There were drugs, and music, long before there were patents, the FDA, or the DMCA. Would you take a bet that both would continue to exist if the current intellectual property models stopped existing? How large a bet would you be willing to take, and would you give odds?

88 posted on 04/25/2003 12:46:35 PM PDT by eno_
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To: narby
What will happen is that music will have to earn its way by live concerts.

BINGO! For 1,000s of years, musicians and other entertainers supported themselves through live performances. In retrospect, the technology of the last 100 years, which provided actors/musicians with a means to scale greatly beyond live performances, will prove to be only a temporary blip.

Up and coming acts would dearly LOVE to have people download their music just for the publicity. Basic human nature means people are always looking for something fresh and new - they would really like to get out and see young performers instead of the decrepit older acts (like Great White) trolling the local music clubs.

89 posted on 04/25/2003 12:46:42 PM PDT by Snerfling
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To: plain talk
"...One still cannot get the quality of a real studio recording at home unless you're willing to buy $5,000 limiters for each channel..."

Say what? There are hardware and software tools available now that can produce near-perfect audio recordings on a home computer. It takes a good ear, but it can be done.

90 posted on 04/25/2003 12:47:45 PM PDT by TommyDale
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To: The Old Hoosier
Being a software developer:

We see it. Big time.

That's one reason you are starting to see programs delivered by application servers. Keep the code out of the hand of the consumer as much as possible.

91 posted on 04/25/2003 12:48:28 PM PDT by William McKinley (You're so vain, you probably think this tagline's about you)
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To: smith288
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.
92 posted on 04/25/2003 12:49:53 PM PDT by mvpel (Michael Pelletier)
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To: =Intervention=
Who's to say that other organizations won't spring up to fill the void?

They will, if they're willing to do it for free.

Remember that a vaccum will not last long in nature -- people want music and will endure, no question.

Absolutely, spare-time weekend garage bands will always be around.

I agree that the music industry is full of scumbag middlemen with no added value. But more important than them or anything else is the right of property, which everyone here seems willing to toss out the window. If the industry disintegrates as an industry, and there is no money in it at all, then it will be an all-underground operation.

From a musical perspective, that may not be a bad thing. But from the perspective of the rule of law, it is very bad. And the economics of it won't be good either.

93 posted on 04/25/2003 12:52:05 PM PDT by The Old Hoosier (Right makes might.)
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To: The Old Hoosier
Well, that means you can kiss the recording industry--and rock music--goodbye permanently.

Well the bloated, coke and ego driven horror of the big five controlled industry, maybe. So? Rock music? Well it will live on forever on certain FM radio stations, or at least until all the boomers who like Classic Rock die off. And the spirit of simple and loud music made by self trained amatures for their own amusement will continue long after MCA/Universal/Sony have died off. Can't scare me 'cause I don't care.

94 posted on 04/25/2003 12:54:23 PM PDT by Jack Black
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To: The Old Hoosier
It's not you versus the music people. You may not see it, but you're next...

Next nothing, when it comes to illegal copies distributed over the net we were victims long before the musicians. That is why I do support copytrap laws...the point of the ruling is who should be held accountable for breaking the law.

On the contrary, if the ruling went the other way, perhaps the musicians would be next. Do they want to be held accountable for things like a fatal traffic accident because someone was driving recklessly while listning to their music?

95 posted on 04/25/2003 12:54:31 PM PDT by AndyTheBear
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To: The Old Hoosier
And if it's any good, the artists won't be able to dedicate time to it, because they won't get anything for it. Have to have day jobs.

If they're good, they will have a number of sources of income

The music industry will plit into more and more niches, with each niche having its clan of fans, informing each other of this or that new artist with a great sound
96 posted on 04/25/2003 12:56:53 PM PDT by SauronOfMordor (Heavily armed, easily bored, and off my medication)
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To: eno_
There were drugs, and music, long before there were patents

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

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

97 posted on 04/25/2003 12:57:34 PM PDT by The Old Hoosier (Right makes might.)
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To: ArcLight
hooray.
98 posted on 04/25/2003 12:58:02 PM PDT by rwfromkansas (God Reigns!)
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To: The Old Hoosier
Oh come on. They will simply adapt if they have brains.
99 posted on 04/25/2003 12:58:58 PM PDT by rwfromkansas (God Reigns!)
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To: The Red Zone
Ah dang.......the 9th circuit liberal bastards will rule against the software.
100 posted on 04/25/2003 12:59:37 PM PDT by rwfromkansas (God Reigns!)
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