On Monday, June 27, 2005 in the case of Metro-Goldwyn-Mayer Studios Inc. et al. v. Grokster, LTD., et al. the Supreme Court upheld a ruling by a lower court against peer-to-peer file sharing software. The court stated that distributing a file sharing peer-to-peer software with the intent or purpose that it be used to violate copyright is illegal and the distributor is subject to legal action for the violations of the software's users. For more information you can see the entire documetn released by the supreme court here. ~Viz

Reply

Very informative....But what country does this apply to?

Most pirated software and things shared using peer to peer connections originate from europe.

For example, isohunt.com doesn't need to follow laws passed inside Canada or the states.

Or from what they say anyways...

Reply

If you ask me, this case is more significant in name than in practice. The case basically specifies that corporations can sue the distributers of P2P software that specifically promote the software's ability to download copyrighted material. This case is not about suing the creators of said P2P software, unless of course they advertise that it can be used to swap illegal files. I'm assuming the majority of people who are upset with this ruling either don't fully understand the ruling, or are somehow profiting from website distribution sites via advertising revenue. To me, this is a fairly reasonable decision. First of all, we all know that warez/mp3s/whatnot is copyrighted material and therefore illegal to trade/download. If we all know that it's illegal, then it's reasonable to expect people not to taut doing it (or how others can do it too, if they only just download this one application), especially on websites that attract thousands of hits per day. Hell, I know that if I do something illegal, I'm not going to broadcast it. And if I'm trying to motivate you to download a piece of my new P2P software, it's not that much to ask to refrain from saying "and you can break the law with it!" Instead, just tell what the thing does, and people will use it how they decide to use it. If they break the law, that's their own business, but if you tell them that they can break the law with it, well, then you're just stupid. It's not like gun manufacturers place "and you can kill people with it!" ads over their newest model.

And to answer your question spacewaste, any Supreme Court decision only impacts the US. However, the international body that covers piracy (INTERPOL) is usually a lapdog of the US anyway, so it might as well carry over to Europe as well.

 

 

 

Reply

well its basically always been that way.. we're just trying to make it not illegal lol..

Reply

Is this the one I've heard on the news about US courts and people using programs from Internet Cafes and how Internet Cafes are liable? I find that document that you have provided us too long and too time-consuming to read, so i'm saving it for later and so I don't know about what you're saying yet. I thought that it was already that by law, I don't understand. Please explain.



Turiddu's post:
Yea, people just keep doing it even though it's against the copyright laws. I have no idea why this has been brought up again and again.

Reply

This is not the internet cafe case. This case dealt with creating and distributing file sharing (especially peer-to-peer) programs with the intent that they be or by promoting that they can be used for copyright violation.

~Viz

Reply

The international scenario is pretty much a hotch potch... the primary reason being... for interpol to take any sort of action.. a law broken must be common across borders... for example.. a person who has been observed smoking a joint and is escaping the law (U.S.) by travelling to the Netherlands (where possession of week is legal, but trading is illegal) will not be arrestable, or may not be extridited back to the continental U.S. But, for instance, this smae person decides to take a flight down to India, and entry is recorded at an airport/port, then since both India and the U.S. have common law regarding weed, the person gets busted and is shipped right back Stateside.

There's a lot of problems of the same nature with art... across the world, except in a few select countries, the theft of artwork is against the law. However, in Japan, although theft of art is illegal, purchase of stolen art is not illegal as long as the 'purchase of an artwork' is declared - after which, should there be no claim to the artwork as being stolen and therefore a petition to reclaim is made/ or not made.. the art officially becomes the rightful property of the buyer after a full year after the artwork has been bought.

Law concerning the internet is another area that is very hotly contested amongst interpol nations. For example, a lot of countries are not very happy with the internet law in India at present. Mostly when it comes to spamming. This is because in India, an e-mail is not considered to be spam if the sender's name is mentioned. Even if the e-mail sent out is unsolicited. India has off late become a hotbed for spammers because of this. The reason for this is democracy. In India, the common person has civil rights far more privlidged than in most countries around the world. The cost for this is that these rights may be taken away from an individual without any recourse by most authorities, by citing any of a verity of laws which allow for an arrest without a warrant, or holding a person without contact.

Getting back to P2P law, India considers the piracy of copyrighted material to be illegal, and there is heavy advertising in the country to educate the general public not to involve themselves in piracy. However, the use of P2P software is very strong, and nearly everyone this side of the world utilizes P2P software to search for and download files which may be copyrighted.

Reply

The key thing about the decision is it deals with how Grokster advertised itself, not what it actually DID. As in, P2P is not really mentioned. The reason grokster lost is because it sold its service by advertising its ease of use to do illegal things, making it (perhaps rightfully) of contributory copyright infringement. Seen in this light, the decision really helps both sides. The Betamax decision is left intact, and by extension, P2P itself. On the other hand, services built SPECIFICALLY to aid in the distribution of copyrighted works are liable. Which means that generalized P2P programs, clearly created to do any sort of distributed networking (such as bittorrent) should not be affected.

Its a good decision overall, as far as I am concerned.

Reply

Most p3p programs like Kazaa and Limewire will be the ones that can likely get affected by this ruling. Something like bittorrent stands in a different p2p program style, but maybe one day that too will be in court. First it was music, from Napster and sorts, now it's p2p programs. They really are making their way to jail these illegal distribution waves.

Reply

I really wish these companies would just give it up. There are too many countries and too many ways to relocate things for them to do anything about it. Are they going to send millions of people to jail?

I think that if people really like a product, they will buy it anyway. The companies claim they lose millions, but it's only on people who buy the game, play it for 2 days, decide they don't like it, and are stuck with it. The company doesn't deserve their money if they didn't please the customer. That's my opinion at least.

Reply