gfxgfx
 
Please login or register.

Login with username, password and session length
 
gfx gfx
gfx
76497 Posts in 13435 Topics by 2084 Members - Latest Member: MagixMark September 19, 2020, 06:33:38 am
*
gfx*gfx
gfx
WinMX World :: Forum  |  Discussion  |  WinMx World News  |  Grokster Loses Legal Case
gfx
gfxgfx
 

Author Topic: Grokster Loses Legal Case  (Read 6616 times)

0 Members and 1 Guest are viewing this topic.

Offline GhostShip

  • Ret. WinMX Special Forces
  • WMW Team
  • *****
Grokster Loses Legal Case
« on: June 27, 2005, 03:25:45 pm »
This is very bad news for us all, I think we can expect the financial law suits to start soon.

http://www.slyck.com/news.php?story=838

Quote
The United States Supreme Court, in a unanimous ruling, disagreed with two lower court rulings. Today’s opinion agrees with the MPAA and RIAA contention that P2P developers are responsible for the infringing activities of its users. The decision is a serious setback for commercial file-sharing companies, who were hoping a favorable Supreme Court decision would give the necessary leverage to negotiate a distribution agreement with the RIAA and MPAA.


This decision will not affect non profit open source p2p sytems but its a serious step backwards on existing law, you are now free to sue microsft and intel as you have used their products for infringing uses, stupidity reigns supreme in the court house  :roll:


More later ....

Offline GhostShip

  • Ret. WinMX Special Forces
  • WMW Team
  • *****
Grokster Loses Legal Case
« Reply #1 on: June 27, 2005, 03:47:24 pm »
Another slightly angled article on the same news item  

http://hosted.ap.org/dynamic/stories/S/SCOTUS_FILE_SHARING?SITE=FLTAM&SECTION=HOME

Quote
The unanimous decision sends the case back to lower court, which had ruled in favor of file-sharing services Grokster Ltd. and StreamCast Networks Inc. on the grounds that the companies couldn't be sued. The justices said there was enough evidence of unlawful intent for the case to go to trial.File-sharing services shouldn't get a free pass on bad behavior, justices said.
"We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by the clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties," Justice David H. Souter wrote for the court.


I understand the decision but I think to virtually turn over an existing precedent is poor law and this should have gone to congress for new legislation to cover the issue at hand.
This is an attack on freedom to innovate, the justices have allowed them selves to be swayed by millions of dollars of Cartel propaganda, shame on them, and remember folks your vcr, ipod or mp3 player, PC, in fact a whole raft of current technology may be the next casualty.

Get a copy of the judgement from here

http://www.eff.org/IP/P2P/MGM_v_Grokster/04-480.pdf

KM

  • Guest
Grokster Loses Legal Case
« Reply #2 on: June 27, 2005, 06:37:28 pm »
i think theres one key thing that seems to be overlooked by most people, look at it more closely

Quote
"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," Justice David Souter wrote for the court.


its basicly saying if they are selling it as a way to break copyright law then thats completely different to something having the ability to break the law...

its like selling a gun for the purpose of killing people is a slightly different thing than selling a pen for writing, both could be used for killing someone and both could also be used for legal uses...

Offline Me Here

  • Ret. WinMX Special Forces
  • WMW Team
  • *****
  • We came, We Saw, We definitely Kicked Ass!
Grokster Loses Legal Case
« Reply #3 on: June 28, 2005, 03:34:21 am »
Well I think we will see and hear much in the next few weeks on this matter ...mostly speculations as to what this might mean to us here at WinMX until the court case is decided.

Yes, KM I agree that is ONE of the factors that sets WinMX apart from other p2p networks..

I came across this at my favorite site.. Electronic Freedom Foundation

http://www.eff.org/IP/P2P/MGM_v_Grokster/sharman.php

Quote
In fact, our Kazaa web site and its End User License Agreement (EULA) have always contained explicit direction to users to respect their national copyright laws. And, from day one, Sharman's alliance with Altnet offered copyright owners a means by which licensed and protected copyrighted content could be distributed in a lawful and compensated manner, yet major content owners engaged in a coordinated boycott of that opportunity that we have asserted was in violation of U.S. antitrust laws.

We believe that further legal review of this case will also show that Sharman was diligent and aggressive in its lawful efforts to distribute copyrighted music and movies through peer-to-peer distribution, and was thwarted in its efforts to do so by the music and motion picture industries.

Content providers were repeatedly asked to license their content and they repeatedly refused. By concertedly refusing to license their movies and music to Sharman and Altnet, the music and movie industries have deprived consumers of the broadest product choices at the least possible cost.

Sharman looks forward to proving both that it did not violate the United States copyright laws and that the music and movie industries in fact have violated the United States antitrust laws."


In all this fuss its been interesting to hear about StreamCast and Morpheous.. but not many people know Kazza developer's take on the suit..

Still More to Come.. I am Sure.......

 :!:

Offline GhostShip

  • Ret. WinMX Special Forces
  • WMW Team
  • *****
Grokster Loses Legal Case
« Reply #4 on: June 30, 2005, 05:42:13 am »
Here is some useful reading material on the decision, I think from this its plain to see which justices did there homework and which ones just read the Cartel propaganda.  

http://wid.ap.org/scotus/pdf/04-480P.ZO.pdf

http://wid.ap.org/scotus/pdf/04-480P.ZC.pdf

http://wid.ap.org/scotus/pdf/04-480P.ZC1.pdf

As you can see by reading the courts decision, the protection for Sony is razor thin now, infact I doubt whether Sony would be able to pass this sort of legal test itself today.  

(Advertising) + (Capable Of Infringing Use) + (Opposed By Cartel) = Finacial disaster and a dead idea.

Offline GhostShip

  • Ret. WinMX Special Forces
  • WMW Team
  • *****
Grokster Loses Legal Case
« Reply #5 on: June 30, 2005, 06:06:15 am »
Heres a commentary on how this may affect Open Sorce projects and developers.

http://www.corante.com/importance/archives/2005/06/28/grokster_and_open_source_will_open_source_force_the_court_to_confront_sony.php

Quote
As the commercial systems are shut down, it is likely that users will migrate to open source P2P projects. Indeed, a switch to various open source programs, such as BitTorrent, is already well under way. If Hollywood desires to continue to stem the tide by taking action against certain programs, they will have no choice but to go after the most popular open source projects.


Its obvious to anyone that Open Source is outside of the narrow ruling and safe in the shadow of the sony decision, but for how long ?

The Cartel are well know for presenting slanted and distorted figures, that are misleading and they have the money to hide the facts by using their
 financial muscle to stifle opponents, what will they demand next ?

Offline GhostShip

  • Ret. WinMX Special Forces
  • WMW Team
  • *****
Grokster Loses Legal Case
« Reply #6 on: July 06, 2005, 02:14:10 am »
A lawyer makes a small commentary on how the new interpretation of the Grokster ruling could affect folks daily lives, in ways not though possible.

http://news.com.com/Grokster+and+the+wisdom+of+Solomon/2010-1030_3-5771985.html?tag=nefd.ac

Quote
By sidestepping, and thereby preserving, its decision in Betamax and, at the same time invoking a conduct-based standard of contributory copyright infringement liability, the court deftly served the interests of both software and technology developers and copyright content owners, though neither may be entirely satisfied with the end result.


Hmm, I think you can say that again, trying to apply the new decision to future cases of all description, will be an exacting challenge and one I think that will provide plenty of money for litigators if not anyone else.

WinMX World :: Forum  |  Discussion  |  WinMx World News  |  Grokster Loses Legal Case
 

gfxgfx
gfx
©2005-2020 WinMXWorld.com. All Rights Reserved.
SMF 2.0.17 | SMF © 2019, Simple Machines | Terms and Policies
Page created in 0.03 seconds with 22 queries.
Helios Multi © Bloc
gfx
Powered by MySQL Powered by PHP Valid XHTML 1.0! Valid CSS!