RIAA gets legal support for file-swap fight

Discussion in 'Green Room' started by belveder, Aug 28, 2003.

  1. belveder

    belveder OSNN Senior Addict

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    RIAA gets legal support for file-swap fight


    John Borland
    CNET News.com
    August 27, 2003, 11:10 BST

    Law professors and copyright organisations have signed up as 'friends of the court' in the RIAA's continuing battle against file-swapping

    Hollywood studios and record labels are getting allies in their quest to overturn a court ruling that said file-swapping software companies aren't responsible for the copyright infringement of their users.

    Several groups, including a list of legal scholars, international copyright organisations, legal music services and other copyright holder groups filed "friend of the court" briefs on Tuesday, asking that an April ruling upholding the legality of file-swapping services such as Grokster and StreamCast's Morpheus be overturned.

    "(T)he district court's misapplication of law, if permitted to stand, will create loopholes in the law...that will frustrate efforts to limit online piracy and serve to encourage and embolden potential infringers of creative works," read the brief submitted by copyright holders ranging from Major League Baseball to the Screen Actors Guild. "If allowed to stand, it would permit companies such as those operated by defendants to misappropriate the royalties meant for copyright holders...to an extent that would be limited only by their technological imagination."

    The briefs come as part of a renewed legal battle over the status of file-swapping services such as Morpheus and Kazaa, which were emboldened by federal Judge Stephen Wilson's surprise ruling in April. In that decision, he said file-swapping companies should be compared to VCR makers, which are not responsible for their customers' copyright infringements.

    "Grokster and StreamCast are not significantly different from companies that sell home video recorders or copy machines, both of which can be and are used to infringe copyrights," Wilson wrote.

    The Recording Industry Association of America (RIAA), the Motion Picture Association of America, and the National Music Publishers Association collectively appealed that decision earlier this month.

    In the meantime, the recording industry has started to seek lawsuits against individual file swappers alongside file-swapping companies, hoping to drive people off the peer-to-peer networks. For nearly two months, the RIAA has been using subpoenas to obtain the identity of "egregious" file swappers from Internet service providers and will file lawsuits beginning next month.

    Included in Tuesday's friend-of-the-court briefs were law professors from Harvard University, New York University and other universities; Pressplay, MusicNet, Full Audio and other music services; and international film, music, video and other copyright organisations.
     
  2. Jewelzz

    Jewelzz OSNN Godlike Veteran

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    If you're gonna post news and expect us to put it on the front page, should we feel it's front page worthy, include a source
     
  3. Un4gIvEn1

    Un4gIvEn1 Moderator

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    DAMN RIGHT!
     
  4. Jewelzz

    Jewelzz OSNN Godlike Veteran

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    Also, use the submit news link on the front page... can't say we look in the forums all that much for news to post...

    Or are you just trying to up your post count? :p
     
  5. belveder

    belveder OSNN Senior Addict

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    oops looks like I accidentally posted this in the wrong area, sorry. Instead of getting flamed though it would have been nice for someone just to say that it is in the wrong area and even be kind enough to move it for me. And what good is a post count in a forum like this, it doesn't get you anywhere or anything.
     
  6. Geffy

    Geffy Moderator Folding Team

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    we woulda done, but it was semi news like so we was confused :D
     
  7. gonaads

    gonaads Beware the G-Man Political User Folding Team

    Everyone is fiesty today... Take some Mydol or Pamprin or Prozac or somethin.
    Sheeeeeeesh :p
     
  8. belveder

    belveder OSNN Senior Addict

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  9. muzikool

    muzikool Act your wage. Political User

    Yikes! No kidding. :p