MESSAGE
| DATE | 2005-03-30 |
| FROM | dspira@att.net (Dave_att)
|
| SUBJECT | Re: [hangout] P2P and the Supreme Court
|
Ruben,
I could be wrong about this but I seem to be getting suliminal
messages from reading your message.
-------------- Original message ----------------------
From: Ruben Safir
>
> Court Ruling May Not Hinder Music Theft
> Court Ruling May Not Hinder Music Theft
>
> By Ted Bridis
> AP
> 03/30/05 7:54 AM PT
>
> Richard Taranto, the lawyer for software-maker Grokster, told the
> Supreme Court on yesterday that modern file-sharing tools like
> Grokster's are "autonomous communications products," underscoring the
> evolution of such software since the entertainment industry's landmark
> victory in July 2001 shutting down the Napster online service.
>
>
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>
> Even if entertainment companies win their Supreme Court battle for new
> authority to protect movies and music on the Internet, lawyers say it
> won't be easy to shut down the decentralized computer links used to
> trade songs and films.
>
> However, entertainment executives say expanded grounds for lawsuits are
> needed to discourage inventors from profiting from cool gadgets of the
> future that could be used for stealing.
>
>
> Weeding Out Worst
> "This sort of thing is out there now and you can't go -- and I may be
> wrong about this -- but I don't you think you can go into people's homes
> and pull [software] out, or that anybody's likely to do that," said
> Theodore Olsen, the former U.S. solicitor general now working for
> entertainment companies. "But it would be an important statement; an
> important point here is to stop the worst of the activity, stop the
> people who are making money."
>
> Richard Taranto, the lawyer for software-maker Grokster, told the
> Supreme Court yesterday that modern file-sharing tools like Grokster's
> are "autonomous communications products," underscoring the evolution of
> such software since the entertainment industry's landmark victory in
> July 2001 shutting down the centralized Napster online service.
>
> Taranto said the case presently facing the Supreme Court is "critically
> different" from the Napster legal fight. He argued that since Grokster
> isn't directly involved in the activities of its customers illegally
> swapping music and movies online, it can't be sued for violating
> copyrights.
>
>
> Justices Divided
> Justices appeared divided on important issues during courtroom
> arguments. In a lively hourlong debate, the court openly worried that
> new lawsuits could stunt the next iPod. Justices also wondered aloud
> whether lawsuits against manufacturers might have discouraged past
> inventions like copying machines, videocassette recorders and MP3 Latest
> News about MP3 music players -- which consumers can use to make illegal
> copies of documents, movies and songs.
>
> Justice Antonin Scalia said a ruling for entertainment companies could
> mean that if "I'm a new inventor, I'm going to get sued right away."
> Scalia, 69, referred to the company as "Grokster, whatever this outfit
> is called."
>
> The chief executive for Sony (NYSE: SNE) Latest News about Sony BMG
> Music Entertainment, Andrew Lack, said Grokster "doesn't pass the smell
> test with a lot of the justices." Lack was in the courtroom yesterday.
>
> "There were some concerns that they don't want to see technology or
> innovation stifled," Lack said. "Grokster is wrong from a variety of
> perspectives."
>
>
> Defending Customers
> The entertainment industry's lawyer, Donald Verrilli Jr., maintained
> that, unlike Grokster's customers, most iPod buyers are honest consumers
> who pay for their digital music, effectively shielding Apple Computer
> (Nasdaq: AAPL) Latest News about Apple from such copyright lawsuits.
>
> But Justice David H. Souter said even iPod users will steal music if
> they believe they can. Souter questioned why the entertainment industry
> wants to sue Grokster but under the same legal theory wouldn't also sue
> Apple so aggressively the iPod's developer Get a free copy of Sybase(R)
> ASE Express Edition for Linux. Download now! would "lose his shirt."
>
> "I know perfectly well if I can get music on my iPod without paying
> that's what I'm going to do," said Souter.
>
> Yet the court appeared deeply troubled by Grokster's efforts to
> encourage rampant Internet piracy and profit from it. Verrilli called
> its software "a gigantic engine of infringement" thieves use to steal
> 2.6 billion songs, movies and other digital files each month.
>
>
> Frustrating Thieves
> Justice Anthony M. Kennedy pressed Grokster's lawyer on whether profits
> from trafficking in stolen property can rightfully be used to help
> finance a young technology business Meet the server enhanced for Linux®:
> the new IBM eServer™ OpenPower™ system.. "That seems wrong to me,"
> Kennedy said.
>
> Regardless of the outcome, it still won't be legal to download
> copyrighted materials over the Internet without permission, though tens
> of millions of computer users do it each day. A ruling won't affect
> thousands of copyright lawsuits filed against Internet users caught
> sharing music and movies online.
>
> Besides the lawsuits, the entertainment industry has deliberately
> polluted file-sharing networks with poor-quality copies of songs and
> falsely named files, among other tactics, to frustrate Internet thieves.
>
>
>
> ____________________________
> NYLXS: New Yorker Free Software Users Scene
> Fair Use -
> because it's either fair use or useless....
> NYLXS is a trademark of NYLXS, Inc
____________________________
NYLXS: New Yorker Free Software Users Scene
Fair Use -
because it's either fair use or useless....
NYLXS is a trademark of NYLXS, Inc
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