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P2P networks not liable for copyright infringement

19 August 2004 15:23 by Jari Ketola | 20 comments

P2P networks not liable for copyright infringement A federal appeals court has ruled that file sharing companies are not liable for copyright infringements carried out using their software products. The U.S. Senate is preparing the Inducing Infringement of Copyrights Act, which is based on the exact opposite of the court's ruling.

The ruling by the U.S. Court of Appeals for the Ninth Circuit finds r Grokster Ltd, Streamcast Networks Inc. and Sharman Networks Ltd fundamentally different from for example (the now late) Napster in the sense that the services do not have a central server. According to Judge Sidney R. Thomas "The technology has numerous other uses, significantly reducing the distribution costs of public domain and permissively shared art and speech, as well as reducing the centralized control of that distribution."

In their appeal the P2P companies relied on the Betamax legal doctrine. In 1984 the Supreme Court ruled that Sony was not liable for copyright infringements taking place using their VCRs. The same doctrine applies to CD- and DVD-recordable drives and media, recording software etc.

The entertainment industry has the option to appeal to U.S. Supreme Court.

"We are carefully reviewing our next steps," said Jack Valenti, president of the MPAA.

Source: SingOnSanDiego.com

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    Discuss this article! 
    geestar20 (AfterDawn Addict) 19 August 2004 15:55 Send private message to this user   
    I hate KAZAA, it locks up my computer puts adware shit all over.
    My computer and this program fight like cats and doggs.
    mooglez (Member) 19 August 2004 16:43 Send private message to this user   
    why would you ever install the adware riddled version of kazaa? when there are versions that have all that crap ripped out of them available.
    neewbie (Member) 19 August 2004 17:01 Send private message to this user   
    kazaa is so shit anyways, it ruins ur computer with virues and the files are mostly corrupt.
    Pop_Smith (Senior Member) 19 August 2004 20:47 Send private message to this user   
    Kazaa maybe crap but, it makes it so other better programs don't get taken down. (Such as eMule and BT)
    geestar20 (AfterDawn Addict) 19 August 2004 21:41 Send private message to this user   
    Quote:
    Kazaa maybe crap but, it makes it so other better programs don't get taken down
    Aint that the truth! Like Limewire, very good program
    vietorisz (Junior Member) 19 August 2004 21:51 Send private message to this user   
    just get your free copy of kazaa lite free of any adds at www.oldversion.com and shut up. Thank God is still working well, for me anyway. Not Kazaa is blocking or slowing your computer but adware viruses that come when you surf in dangerous zones unprotected.
    llongtheD (Member) 20 August 2004 0:58 Send private message to this user   
    Dude get a bittorrent client like shadows, and learn about newsgroups, Kazaa is on the way out.
    geestar20 (AfterDawn Addict) 20 August 2004 6:42 Send private message to this user   
    just get your free copy of limewire, free of any adds at www.limewire.com and STFU!
    Dela (Staff Member) 20 August 2004 7:48 Send private message to this user   
    KaZaa is basically at the very bottom of the P2P list. eD2K and BT kick its ass when it comes to P2P. Soulseek is kicking its ass for music too. IRC and Newsgroups are an excellent and usualy fast resource too! But its important to remember, all this DIDNT start with KaZaa or Napster, or any P2P! This is about 30 years old now lol
    Toiletman (Senior Member) 20 August 2004 8:54 Send private message to this user   
    Guys, let's stop talking about how shit KaZaa is for a moment =)

    Let's talk about the news! (Since this is "news discussion")

    This is a small breakthrough, because it shows, people, lawyers, courts, judges, and all those guys who've been pestering P2P programs, actually have brains.
    pcshateme (Inactive) 20 August 2004 9:53 Send private message to this user   
    BT better than kazaa? wtf bt is so damn slow.

    irc is awesome for movies, games, and whole albums, but if you just want some pics or a few songs nothing beats kazaa.

    this ruleing just shows WE WON!
    Pop_Smith (Senior Member) 20 August 2004 10:35 Send private message to this user   
    Now someone needs to take down Overpeer :) I hate getting songs that are corrupted by them :(
    geestar20 (AfterDawn Addict) 20 August 2004 13:11 Send private message to this user   
    Quote:
    This is a small breakthrough, because it shows, people, lawyers, courts, judges, and all those guys who've been pestering P2P programs, actually have brains.
    Good point -Toiletman-
    DynatyxXx (Member) 21 August 2004 3:52 Send private message to this user   
    Hy guys.Ahhm,I´ve seen your posts and u know better than me:What is the best filesharing program.I already have Shareaza,but im not very pleased.I heard from u that Kazaa is very bad.Now im confused what should i get and from where?
    Toiletman (Senior Member) 21 August 2004 7:59 Send private message to this user   
    You should make a topic in the FileSharing forum since it is kinda of topic.

    Nevertheless, here we go!

    Don't use Sharereaza, use eMule or Overnet. I prefer Overnet as it quickly starts downloads and keeps them at a stable and high speed. Although eMule is better for less popular files.

    BitTorrent is probably one of the fastest solutions there is without getting viruses. Use the Azureus BT Client. It's one of the best.

    IRC is well, you'll have to help yourself on that one, there's so much information you have to learn I can't be bothered to type it all :P

    Everyone is entitled to their own true opinion. Either respect that or don't.
    bambamrck (Inactive) 21 August 2004 18:35 Send private message to this user   
    I prefer WINMX. Never had any problems with it. Always seem to find what I need. HIghly recommend to all.
    carlitob (Member) 23 August 2004 11:47 Send private message to this user   
    WinMX Rocks! But then again so does IRC. What I dig about IRC is you get whole albums not just songs
    Toiletman (Senior Member) 24 August 2004 9:18 Send private message to this user   
    You do that in BitTorrent too! Usually, music only comes on IRC in the form of Fserves, which aren't very fast and usually requires lots of waiting.

    Everyone is entitled to their own true opinion. Either respect that or don't.
    domie (Member) 7 October 2004 0:49 Send private message to this user   
    God i imagine toiletman is beating his head against the wall like me...a major news story for p2p protection in the courts and a busload of 12 year old kiddies hijack the freakin´thread and turn it into a kazaa vs bit torrent vs ed2k thread.
    The biggest danger on internet is not the RIAA or mpaa, IT´S THE OVERWHELMING NUMBER OF IGNORANT PEOPLE WHO REFUSE TO READ BEFORE THEY POST.
    Toiletman (Senior Member) 7 October 2004 12:53 Send private message to this user   
    I know, lots of off topic posts... you're supposed to go off topic AFTER the solution is solved! But this is a news announcement, therefore there ain't no problem =D So don't go off topic!

    Everyone is entitled to their own true opinion. Either respect that or don't.
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