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June 27, 2005

Lawyers + Downloads = the party's over

On several occasion's we've brought up file sharing and music downloads.

I believe no movie is or song is worth a possible lawsuit, ( I even broke down and paid for a few songs )

Now the Supreme Court has UNANIMOUSLY ruled that the file services can be sued for illegal downloads.

File-sharing services shouldn't get a free pass on bad behavior, justices said.

"We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by the clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties," Justice David H. Souter wrote for the court.


Any company worth it's salt is going to be making deals REAL quick.

Via Drudge

When the text of the ruling is available online I'll link to it.

This is the second decision in 5 days that will prove unpopular with a large segment of the public.

I personally think that if you combine this with this we could be seeing a whole new internet dynamic soon.

Reactions around the blogosphere in extended entry.

Eugene Volokh was surprised it was unanimous

SCOTUS blog has a handy visual reference for the rulings today, (isn't really needed for this one) and a great list of links to post on this subject in media and in blogs.

Michele Malkin:

Looks like those who use P2P programs to download copyrighted music and movies are going to have to pay for their CDs and DVDs like everybody else.

She also notes that the experts were wrong on this one.

Jeff Jarvis:

The decision is terribly out of sync with the future.

Susan Crawford:

A big day for the future of the internet.

Her more detailed opinion is here.

Good Morning Silicon Valley's take requires a paragraph

But in the broader analysis, it's little more than a psychological boost. The Supreme Court ruling will really do little to influence the behavior of the hundreds of millions of individuals who already use file sharing networks. Entertainment industry attorneys could pound StreamCast and Grokster into a fine white dust tomorrow -- and they no doubt will, given the language of Souter's opinion -- but that will do little to curb the behavior of those who use their software.

Webby's World is worried:

This move will make many companies to scared to produce P2P networking software, with good right, and will make distribution of Linux and other open-source software nearly impossible.

Mark Cornik:

As an IT professional who runs web sites, I see major headaches for my profession.

Moustache:


Does anyone else get the feeling that the entertainment industry keeps sabotoging themselves at every turn?

Pinky and The Brain's post title says it all:

To share or not to share, that is (no longer) the question

Jorge Babadopulos Jr has his own set of reactions:

Jason Shellen is concise


The Other Matt's sensible post requires a paragraph

They have not ruled against Grokster explicitly. They have only opened to door for Grokster to be sued, if and only if, it can be proved that Grokster intended to promote the use of it's products for illegal activities. The burden of proof is still on the plaintiff to demonstrate that this was Grokster's intent.

Just A Simple Online Nerd: The Supreme Court Sold out:

Loudernet asks and answers the why's of stealing music.


Infothought is using a visual aid, of course his reaction could be to this instead.

Naked law sees a change in precident

Litigati thinks it could have been worse:

Things definitely could have gone worse. The Court could have actually ruled in favor of Grokster, applied Sony, and then Congress would have enacted some horrific legislation like the Induce Act. All things considered, I'll take this outcome.

Posted by Peter at June 27, 2005 11:09 AM

Comments

Thanks for the link!

Posted by: Joe at July 4, 2005 02:32 AM

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