MESSAGE
| DATE | 2005-03-30 |
| FROM | Ruben Safir
|
| SUBJECT | Subject: [hangout] P2P and the Supreme Court
|
Court Ruling May Not Hinder Music Theft
Court Ruling May Not Hinder Music Theft
By Ted Bridis
AP
03/30/05 7:54 AM PT
Richard Taranto, the lawyer for software-maker Grokster, told the
Supreme Court on yesterday that modern file-sharing tools like
Grokster's are "autonomous communications products," underscoring the
evolution of such software since the entertainment industry's landmark
victory in July 2001 shutting down the Napster online service.
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Even if entertainment companies win their Supreme Court battle for new
authority to protect movies and music on the Internet, lawyers say it
won't be easy to shut down the decentralized computer links used to
trade songs and films.
However, entertainment executives say expanded grounds for lawsuits are
needed to discourage inventors from profiting from cool gadgets of the
future that could be used for stealing.
Weeding Out Worst
"This sort of thing is out there now and you can't go -- and I may be
wrong about this -- but I don't you think you can go into people's homes
and pull [software] out, or that anybody's likely to do that," said
Theodore Olsen, the former U.S. solicitor general now working for
entertainment companies. "But it would be an important statement; an
important point here is to stop the worst of the activity, stop the
people who are making money."
Richard Taranto, the lawyer for software-maker Grokster, told the
Supreme Court yesterday that modern file-sharing tools like Grokster's
are "autonomous communications products," underscoring the evolution of
such software since the entertainment industry's landmark victory in
July 2001 shutting down the centralized Napster online service.
Taranto said the case presently facing the Supreme Court is "critically
different" from the Napster legal fight. He argued that since Grokster
isn't directly involved in the activities of its customers illegally
swapping music and movies online, it can't be sued for violating
copyrights.
Justices Divided
Justices appeared divided on important issues during courtroom
arguments. In a lively hourlong debate, the court openly worried that
new lawsuits could stunt the next iPod. Justices also wondered aloud
whether lawsuits against manufacturers might have discouraged past
inventions like copying machines, videocassette recorders and MP3 Latest
News about MP3 music players -- which consumers can use to make illegal
copies of documents, movies and songs.
Justice Antonin Scalia said a ruling for entertainment companies could
mean that if "I'm a new inventor, I'm going to get sued right away."
Scalia, 69, referred to the company as "Grokster, whatever this outfit
is called."
The chief executive for Sony (NYSE: SNE) Latest News about Sony BMG
Music Entertainment, Andrew Lack, said Grokster "doesn't pass the smell
test with a lot of the justices." Lack was in the courtroom yesterday.
"There were some concerns that they don't want to see technology or
innovation stifled," Lack said. "Grokster is wrong from a variety of
perspectives."
Defending Customers
The entertainment industry's lawyer, Donald Verrilli Jr., maintained
that, unlike Grokster's customers, most iPod buyers are honest consumers
who pay for their digital music, effectively shielding Apple Computer
(Nasdaq: AAPL) Latest News about Apple from such copyright lawsuits.
But Justice David H. Souter said even iPod users will steal music if
they believe they can. Souter questioned why the entertainment industry
wants to sue Grokster but under the same legal theory wouldn't also sue
Apple so aggressively the iPod's developer Get a free copy of Sybase(R)
ASE Express Edition for Linux. Download now! would "lose his shirt."
"I know perfectly well if I can get music on my iPod without paying
that's what I'm going to do," said Souter.
Yet the court appeared deeply troubled by Grokster's efforts to
encourage rampant Internet piracy and profit from it. Verrilli called
its software "a gigantic engine of infringement" thieves use to steal
2.6 billion songs, movies and other digital files each month.
Frustrating Thieves
Justice Anthony M. Kennedy pressed Grokster's lawyer on whether profits
from trafficking in stolen property can rightfully be used to help
finance a young technology business Meet the server enhanced for Linux®:
the new IBM eServer™ OpenPower™ system.. "That seems wrong to me,"
Kennedy said.
Regardless of the outcome, it still won't be legal to download
copyrighted materials over the Internet without permission, though tens
of millions of computer users do it each day. A ruling won't affect
thousands of copyright lawsuits filed against Internet users caught
sharing music and movies online.
Besides the lawsuits, the entertainment industry has deliberately
polluted file-sharing networks with poor-quality copies of songs and
falsely named files, among other tactics, to frustrate Internet thieves.
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