File-sharing suffers major defeat (4 Viewers)

Chxta

Onye kwe, Chi ya ekwe
Nov 1, 2004
12,088
#1
The US Supreme Court has ruled that file-sharing companies are to blame for what users do with their software.

The surprise ruling could start a legal assault on the creators of file-sharing networks such as Grokster and Morpheus.

The case was brought by 28 movie and music makers who claimed that rampant piracy was denting profits.

The Supreme Court judges were expected to rule in favour of the file-sharers because of legal precedents set when video recorders first appeared.

Read the ruling

The unanimous ruling is a victory for recording companies and film studios in what is widely seen as one of the most important copyright cases in years.

The legal case against Streamcast Networks - which makes the software behind Grokster and Morpheus - began in October 2001 when 28 media companies filed their legal complaint.



The complaint alleged that Streamcast was prospering on the back of the unfettered piracy taking place on the file-sharing networks.

However, the attempts to win damages suffered a series of defeats as successive courts sided with the file-sharing networks. The judges in those lower courts cited a ruling made in 1984 over Sony's Betamax video recorder.

In that case, the Supreme Court said that the majority of people using a video recorder for legal uses outweighed any illegal use of the technology.

But in this latest ruling the judges sets aside this precedent and the lower court decisions and means the makers of a technology have to answer for what people do with it if they use it to break the law.

In the ruling Justice David Souter wrote: "The question is under what circumstances the distributor of a product capable of both lawful and unlawful use is liable for acts of copyright infringement by third parties using the product."

He added: "We hold that one who distributes a device with the object of promoting its use to infringe copyright ... is liable for the resulting acts of infringement by third parties."

In other decisions on Monday, the Supreme Court:

* ruled against the display of the Ten Commandments inside two Kentucky courtrooms but approved a monument to the same in Texas

* declined to hear appeals by two US journalists facing a contempt ruling by a lower court over their investigation into an alleged White House intelligence leak

* overturned a ruling that cable operators' high-speed internet lines must be opened up to rivals.

The rulings came on the last day of the US Supreme Court's current judicial session. It now breaks for a three-month recess.

One expected announcement that did not appear concerned the retirement of 80-year-old Chief Justice William Rehnquist.

Justice Rehnquist is suffering from thyroid cancer, breathes through a tracheal tube and struggled to talk during a speech closing the current court term that thanked court workers.

Unseen effects

In its ruling the Supreme Court said there was "substantial evidence" that Streamcast Networks had "induced" people to use its software to illegally share copyrighted files.

It is unclear yet what action this ruling will prompt from movie studios and music makers who brought the original case. It could mean claims for substantial damages from Streamcast or moves to get the file-sharing networks shut down.


It is unclear what effect the ruling will have on use of digital media
Wayne Rosso, former Grokster president and now head of legal file-sharing system Mashboxx, said: ""If I'm running the RIAA [Recording Industry Association of America], you're going to see lawsuits coming down like a Texas hailstorm. Don't be surprised to see an unusually large number filed immediately."

He said it would mean that users would have to get used to paying for music.

Michael McGuire, from analyst firm GartnerG2, said: "It's something of a surprise. It will be interesting to see how record labels respond. It could be argued that these peer-to-peer services were the most efficient way to deliver rich media."

The decision could also have an impact on any technology firm developing gadgets or devices that let people enjoy media on the move.

If strictly interpreted the ruling means that these hi-tech firms will have to try to predict the ways people can use these devices to pirate copyrighted media and install controls to stop this infringement.

The ruling could also prompt a re-drafting of copyright laws by the US Congress.

Source: BBC
 

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Respaul

Senior Member
Jul 14, 2002
4,734
#3
about time.... all you cheap bastards wanna stop stealing others work....

You want it, take the padlock off your tight arsed wallet and go buy it like any normal decent person....

Why the fvck should people work their arses off to give it away for nothing... Its the artists that lose out not the bloody studios...

Fvcking thieves i tell yer... ya all fvcking thieves
 

Nicole

Senior Member
Sep 16, 2004
7,561
#4
++ [ originally posted by Paolo_Montero ] ++
oh sod off, I'll download illegally till the day I die!
Thats the kind of attitude I like and in case anyone asks...

I dont condon illegal downloading, and do not have any file-sharing programs on my computer...
 

swag

L'autista
Administrator
Sep 23, 2003
84,750
#5
++ [ originally posted by Shadowfax ] ++
about time.... all you cheap bastards wanna stop stealing others work....

You want it, take the padlock off your tight arsed wallet and go buy it like any normal decent person....

Why the fvck should people work their arses off to give it away for nothing... Its the artists that lose out not the bloody studios...

Fvcking thieves i tell yer... ya all fvcking thieves
While I completely agree with your sentiments that downloading material that would otherwise have to be purchased does steal from the artists, you're stretching the truth about how the studios and record labels compensate the artists.

There are several layers of bloat and greased palms between the creator and the end buyer in the music and movie industries. As Shadowy Men on a Shadowy Planet put it in the song Thanks for Buying our CD off Dim the Lights, Chill the Ham:

Thanks for buying our CD
But you know for the extra money you spent
We only got about an extra 50 cents
It's no wonder that artists really only make money through touring and live performances these days.

I experienced this firsthand as a published author. I made more money off selling my book from Amazon.com Associates referrals per copy than I did in royalties. Which tells me: making a hyperlink on a Web site is more valuable than writing the damn thing. Think about that one.

Content creators are given squat in the big scheme of things. They need ways of making legitimate money for their wares that bypasses the inefficiences and bloat of the current distribution systems.
 

adams

Junior Member
Mar 5, 2005
450
#6
++ [ originally posted by swag ] ++


While I completely agree with your sentiments that downloading material that would otherwise have to be purchased does steal from the artists, you're stretching the truth about how the studios and record labels compensate the artists.

There are several layers of bloat and greased palms between the creator and the end buyer in the music and movie industries. As Shadowy Men on a Shadowy Planet put it in the song Thanks for Buying our CD off Dim the Lights, Chill the Ham:



It's no wonder that artists really only make money through touring and live performances these days.

I experienced this firsthand as a published author. I made more money off selling my book from Amazon.com Associates referrals per copy than I did in royalties. Which tells me: making a hyperlink on a Web site is more valuable than writing the damn thing. Think about that one.

Content creators are given squat in the big scheme of things. They need ways of making legitimate money for their wares that bypasses the inefficiences and bloat of the current distribution systems.
Swag hit the nail on the head. but its the record labels losing out and not the artists- thats who your stealing from. So dont tell me im stealing from Justin Timberlake :D
 

Tom

The DJ
Oct 30, 2001
11,726
#7
++ [ originally posted by Shadowfax ] ++
about time.... all you cheap bastards wanna stop stealing others work....

You want it, take the padlock off your tight arsed wallet and go buy it like any normal decent person....

Why the fvck should people work their arses off to give it away for nothing... Its the artists that lose out not the bloody studios...

Fvcking thieves i tell yer... ya all fvcking thieves
With some people I'd agree with you. The ones I don't like are those that downbload whole new albums (eg. coldplay's new one) and burn it to cd. I do that, then if i don't like it, delete the files - if I do, I'll go buy the record, I only use as a sample and i see nothing wrong with that.

Also I use it to download old singles that would be hard or ridiculously expensive to track down

To be honest though I couldn't give two shits if the artists lose out, its only the famous ones that are suffering and they're rich enough as it is. If they want money they can go and advertise fairy liquid or something. Actually having thought about it, they don't lose out anyway. If these people are too tight fisted as you put it to buy the records, then the artists would never get a cut of their money anyway, regrardless of whether they download.
 
Jan 7, 2004
29,704
#8
++ [ originally posted by Shadowfax ] ++
about time.... all you cheap bastards wanna stop stealing others work....

You want it, take the padlock off your tight arsed wallet and go buy it like any normal decent person....

Why the fvck should people work their arses off to give it away for nothing... Its the artists that lose out not the bloody studios...

Fvcking thieves i tell yer... ya all fvcking thieves

ye like paying $20 for a cd that costs $.50 to make is not stealing
 

Elnur_E65

Senior Member
Feb 21, 2004
10,848
#9
They can't do much against the bittorrent technology, other than shut down individual sites, but new ones will pop up like mushrooms after rain.
 

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