MESSAGE
| DATE | 2005-01-27 |
| FROM | Ruben Safir
|
| SUBJECT | Subject: [hangout] I've been Robbed - NOT
|
washingtonpost.com
Disparate Cast Lobbies Court To Restrict File Sharing
By Jonathan Krim
Washington Post Staff Writer
Wednesday, January 26, 2005; Page E01
The entertainment industry yesterday unleashed its latest assault on
Internet services that let people swap music and videos, enlisting an
array of artists, state officials, academics and others to urge the U.S.
Supreme Court to crack down on companies that provide file-sharing
tools.
Trade associations representing the major movie and recording studios
released court papers arguing that popular file-sharing networks
Grokster Ltd. and StreamCast Networks Inc. are "breeding grounds" for
piracy on an unprecedented scale and should be accountable for the
illegal actions of their users. The Supreme Court is scheduled to hear
oral arguments March 29 in the case, which could determine the fate of
services whose software is used by tens of millions of people every day.
The entertainment industry was joined by filings from a star-studded
supporting cast that includes musicians such as crooner Tom Jones and
pop singer Avril Lavigne, 39 state attorneys general, the Christian
Coalition of America, the Hip-Hop Summit Action Network, professional
sports leagues and a roster of university law professors and economists.
"I've been robbed," Rick Carnes, who heads the Songwriters Guild of
America, said at a news conference. "My property is being stolen."
Also filing briefs largely in favor of the industry's position were the
U.S. solicitor general, who argues on behalf of the federal government,
and Sens. Orrin G. Hatch (R-Utah) and Patrick J. Leahy (D-Vt.), senior
members of the Senate Judiciary Committee.
At issue for the court will be to what extent the provider or
manufacturer of a product or service can be held responsible for the
actions of those who use it.
File-sharing services and several digital-rights advocacy groups argue
that a key 1984 Supreme Court decision, involving early videocassette
recorders made by Sony Corp., established critical protections for
innovators against possible bad acts by users. Like copying machines and
telephone networks, the "peer-to-peer" file-sharing tool is used for
illegal and legal purposes, they say.
Grokster and StreamCast were sued by the entertainment industry in 2001.
A federal district court in Los Angeles sided with Grokster, as did the
U.S. Court of Appeals for the 9th Circuit in August. The courts, citing
the Sony decision, ruled that Grokster had substantial legal uses and
could not control the actions of its users without overhauling the
product.
Representing the Recording Industry Association of America and the
Motion Picture Association of America, attorney Donald B. Verrilli Jr.
said that the 9th Circuit misinterpreted the Sony decision.
He said that if a product or service is primarily used for illegal
purposes, the provider should be held accountable. Moreover, he said,
the courts also should be able to hold providers responsible if they are
able to take steps to halt the illegal behavior, which Verrilli said the
file-sharing networks could accomplish.
Verrilli said that Grokster and other file-sharing networks are
profiting from the illegal acts of their users by selling advertising on
their sites.
Beyond their legal arguments, the studios and record labels hope that
key supporters might help sway the court. Among those who spoke at
yesterday's RIAA/MPAA news conference was former solicitor general
Theodore B. Olson, who filed arguments on behalf of a citizen group that
defends property rights.
File-sharing networks "have engaged in, for profit, and on a massive and
widespread basis, the greatest ongoing theft of intellectual property
that the world has ever seen," Olson said.
Also lending their names to the industry's filing were high-profile
attorneys Kenneth W. Starr, who was the special prosecutor investigating
the activities of President Bill Clinton, and David E. Kendall, who
represented Clinton at his impeachment hearings.
The filing also cites Jane C. Ginsburg, a prominent copyright-law
scholar who wrote an article that supports the industry's view of the
case and who is the daughter of Justice Ruth Bader Ginsburg.
Fred von Lohmann, senior counsel for the Electronic Frontier Foundation,
which has handled much of the legal work for Grokster in the case, said
the entertainment industry wants consumers to have to ask permission for
how they use music and videos.
He said that if the Supreme Court adopts a standard of whether this kind
of product or service is primarily used for illegal purposes, devices
such as compact disc burners and the TiVo digital television recorder
could be at risk.
Several major technology companies share that concern, and they have
urged the court to keep the Sony standard intact but to examine whether
Grokster's conduct in promoting its service has encouraged copyright
infringement.
Marty Lafferty, head of the Distributed Computing Industry Association,
of which Grokster is a member, said that the "peer-to-peer genie is out
of the bottle" and would not be stopped by an adverse Supreme Court
ruling.
Instead, he said, the entertainment industry needs to stop boycotting
file-sharing services and instead work with them on creating a licensing
scheme that will make the services a legal and lucrative distribution
method for all concerned.
The case is MGM Studios Inc., et al v. Grokster Ltd., et al, No. 04-480.
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