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  1. #1
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    MGM Wins Against Grokster/StreamCast
    http://www.wired.com/news/digiwood/0...w=wn_1culthead

    So it looks like they can now go after the software makers themselves under certain conditions.

  2. #2
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    Thumbs up Supreme Court whacks Groster & Streamcast
    http://stuff.techwhack.com/archives/...on-developers/

    "Their seems to be finally some signs of laws getting stricter on file sharing applications. The U.S. Supreme Court ruled on Monday that networks like Grokster and StreamCast Networks could be held liable for actions of the users of their peer-to-peer file-sharing services. The ruling came in the case between Grokster and MGM.

    ... This is being looked upon as a major victory for the MPAA and RIAA agencies, which have been quite vocal against the services provided by these P2P applications. The case has been going on for a couple of years now and these agencies finally appealed to the highest courts in the country after failing to get favorable decisions from lower courts.

    The plaintiffs claimed that the sole purpose of these applications were to enable the user to share protected content over the Internet. Their argument was that these developing companies were equally responsible for the actions of the users of these P2P applications. The main question before the courts was to decide on whether the companies involved can sue the P2P application developers being used to illegally share protected content.

    This ruling is a major boost to their efforts as they can now sue these companies in the lower courts for the action taken by the end user!"

    ___________________

    http://www.wired.com/news/digiwood/0...w=wn_1culthead

    As Hollywood and record labels cheered Monday's Supreme Court decision in the MGM v. Grokster case, technology companies and consumer groups warned that the ruling will chill innovation and result in more gadget-killing lawsuits.

    In a unanimous ruling, the justices said that Grokster and StreamCast Networks -- the company behind the Morpheus network -- can be held liable for copyright infringement if they encourage customers to illegally share copyright movies and music. The Supreme Court returned the case to the district court where the two software companies will be tried for inducing infringement.
    "We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties," wrote Justice David Souter.

    Hint on what's to come for Spyware/Adware cases & laws... "Andy Greenberg, chairman of the IEEE Intellectual Property committee, said: "It appears to me that they've adopted some sort of behavior-based remedy -- some form of test holding people responsible for affirmative steps taken to foster infringement, in addition to distributing the technology. Focusing on the behavior of the distributor rather than the behavior of the user makes a great deal of sense to me."



    There goes those monitizing hidden P2P bundles of Spyware/Adware as the freebee access to copywrite materials becomes illegal.

    I like this guys use of the english language... "High Court Keelhauls Grokster On P2P Piracy... http://www.webpronews.com/news/ebusi...P2PPiracy.html
    Webmaster's... Mike and Charlie

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    Beat you by a minute Can a mod combine the threads.

  4. #4
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    Quote Originally Posted by TrustNo1
    Beat you by a minute Can a mod combine the threads.
    You type faster then me. Combine away as this one makes some ex San Francisco DA's go on a Ripple wine diet. The liberal Calif 9th District Court gets a wake up call and will have to level huge fines and cease & desist orders for Morpheus, Grokster while they tackle the Kazzaa case.
    Webmaster's... Mike and Charlie

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  5. #5
    ABW Ambassador simcat's Avatar
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    I heard a business analyst on TV say it was only a moral victory. People will just use foreign apps. and open source, like edonkey.

  6. #6
    Resident Genius and Staunch Capitalist Leader's Avatar
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    Merged, kept Mike's thread title.

    There goes those monitizing hidden P2P bundles of Spyware/Adware as the freebee access to copywrite materials becomes illegal.
    Unfortunately, there's a loophole in that ruling big enough to drive a battleship through.

    the company behind the Morpheus network -- can be held liable for copyright infringement if they encourage customers to illegally share copyright movies and music.
    So now, they'll claim that the illegal file sharing "just happens..." that they don't "encourage" it at all. And they stick up a few disclaimers saying, "this network is not to be used to illegally share copyrighted files. If you're unsure of the law, check with your local authorities or consult an attorney..."

    I'm not siding with them at all, especially now that legal singles are available for only a buck--but I can just see that legalese appearing and them trying to conduct business as usual.
    There is no knowledge that is not power. ~Hemingway

  7. #7
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    All venture capital will dry up due to legal liability exposure. P2P networks can't survive if they only allow trading of bean salad or meatloaf recipes or running top of screen banner Ads. It will go offshore where folks will make sure the downloads contain every trojan horse virus hooked to Spyware/Adware as the price of listening to pilfered music or getting a free copy of Microsoft Office.
    Webmaster's... Mike and Charlie

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    I think leader nailed it. As long as they don't encourage it, and it just happens, we are back at the begining of this arguement. Just like it would be foolish to go after ftp by saying that is used to swap files, as these apps continue to change and improve, they actually do have uses far beyond simple file swapping.

    Look at bit torrents, many people look at that technology and think it is some boogyman of theft, but it is also used by games like World Of Warcraft to help distribute files and lessen the company's bandwidth load.

    Chet

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    Gee, I wonder when they'll start finding gun and vehicle manufacturers liable for bank heists?

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    ABW Ambassador Sam Bay's Avatar
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    They key decision here is that these companies "can be sued". Meaning that unless they can foot the massive legal bills from the lawsuits entertainment companies will bring upon them, they gotta clean the house.

    On the tech side, everyone knows that if these companies wanted to prevent illegal file sharing they would simply do it. It is tehcnologically possible. But then, there would not be a reason for millions of people to use their service/software.

    There are people who use Internet Explorer/Netscape to do illegal stuff online, like view child porn, commit credit card fraud etc. But, that's definetely not what these programs were developed for.

    For file-sharing companies, on the other hand, it's just the opposite.

  11. #11
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    Quote Originally Posted by Sam Bay
    They key decision here is that these companies "can be sued". Meaning that unless they can foot the massive legal bills from the lawsuits entertainment companies will bring upon them, they gotta clean the house.

    On the tech side, everyone knows that if these companies wanted to prevent illegal file sharing they would simply do it. It is tehcnologically possible. But then, there would not be a reason for millions of people to use their service/software.

    There are people who use Internet Explorer/Netscape to do illegal stuff online, like view child porn, commit credit card fraud etc. But, that's definetely not what these programs were developed for.

    For file-sharing companies, on the other hand, it's just the opposite.
    But Sam Bay, you hit one of the important points - they could fix the problem (i would argue it is not as easy as you say) - but this ruling says they don't have to. That is big.

    Chet

  12. #12
    Lite On The Do, Heavy On The Nuts Donuts's Avatar
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    I think Ecomcity nailed it with "All venture capital will dry up due to legal liability exposure."

    These apps that bundle nasty grams now have two reasons to dry up some - Spitzer and Grokster (ruling).

    Take the gnutella off the toast and all you have left is burnt bread.

    Grokster is privately held and headquartered in Nevis, West Indies. Wonder if they could pass the LinkShare certification process?

  13. #13
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    Talking
    edit - Oops I forgot your first posts

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