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WinMX World :: Forum  |  Discussion  |  WinMx World News  |  Brazilian Court Bans P2P Software

Author Topic: Brazilian Court Bans P2P Software  (Read 971 times)

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Offline DaBees-Knees

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Brazilian Court Bans P2P Software
« on: September 20, 2009, 10:08:55 am »

After an earlier decision failed to reach its objective, this week a Brazilian court made an unprecedented ruling against file-sharing clients. Following legal action by anti-piracy groups against a website offering a file-sharing client for download, the court decided that software which allows users to share music via P2P is illegal.

Two years ago, legal action was initiated by the Protective Association of Phonographic Intellectual Property Rights (APDIF). The outfit, an anti-piracy group now part of the Anti-Piracy Association of Film and Music (APCM), unsurprisingly counts EMI, Sony, Universal and Warner as key members.

The lawsuit was issued against Cadare Information Technology Ltd, a company which controls the site.

iPlay distributed a piece of popular P2P file-sharing software known as K-Lite Nitro, which allows users to download from several P2P networks including Gnutella, OpenFT and Ares.

In February this year a judge decided that rather than force iPlay to remove K-Lite Nitro from its site, the software should have a copyright filter implemented instead, to block sharing of unauthorized music. The anti-piracy groups promptly provided a list of 4 million tracks to be filtered.

However, the ruling fell flat since iPlay are not the developers of the software and have no control over it, so the case headed back to court.

Following a trial on August 25th, on Monday this week the 6th Civil Chamber of the Court of Paraná in southern Brazil handed down an unprecedented ruling.

The judge came to the conclusion that since the proposed K-Lite Nitro filtering mechanism was ineffective, he had no alternative than to issue a complete ban on the software instead, saying that the website offering it would be assisting the copyright infringements of its users.

He went on to suggest that any website offering the software alongside advertising (i.e, trying to profit from offering it) would be committing a crime, punishable by between two and four years in jail.

“By this logic, virtually any site in Brazil that offers P2P clients would be subject to accountability, to have their business threatened by the alleged illegality of the act of hosting certain types of software,” said Omar Kaminski, author of attorney Internet Legal, a blog specializing in IT law.

Announcing that Cadare Information Technology will appeal the decision, Nelson Cadare Luciano, owner of iPlay said: “We will defend ourselves because we always had the feeling that it [K-Lite Nitro] is not illegal since you can use it to share legal content as well.”

APCM said that the ruling is “important for the future of the digital music market in Brazil.”

Currently K-Lite Nitro has been removed from the iPlay site, but can be obtained from a number of other sources.

It seems that "for profit" had a lot to do with this ruling.  8)

Offline ..Ñøßߥ..

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Re: Brazilian Court Bans P2P Software
« Reply #1 on: September 21, 2009, 08:38:52 am »
Yeah, dumbest ruling ever, i wonder how many isp's operate email for free, or if msn makes no profit from the ads displayed on its messager, same for yahoo, the list goes on. If they are serious about shutting down file sharing, they must also ban msn, yahoo, email, and all similar services.

Offline ñòóKýçrÕôK

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Re: Brazilian Court Bans P2P Software
« Reply #2 on: September 21, 2009, 01:18:04 pm »
What would they do if the shoe were on the other foot. Perhaps this website owner should seek to have availability to messaging software removed. And google, lycos,, yahoo search, msn search, and on and on. They all offer the ability in one way or form to do peer 2 peer trading. As Quicks says. P2P is not illegal. Sharing copyrited materials is regardless of whether or not we think it shouldn or shouldn't be. It would be nice to see someone put the shoes on the real offender's feet now and then. To say a website making a link to p2p software is illegal is to say you can't use google or any other search engine or any messenger. This is all just getting so rediculous.
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