My record label background and history of reprensenting songwriters and producers, has probably given me a much higher appreciation for intellectual property isses than the average music listening fan who doesn't understand the implications of stealing music. At the very least it's self-licensed me to continually harp on known offenders, even especially when they're my friends, just ask... ah, nevermind--forgot the feds are watching.
All that being said, I simply cannot condone the belief that peer-to-peer network software companies like Grokster and Morpheus (I prefer Limewire) should be held responsible for the illegal behavior of their users!
Court rules against file-trading
That's akin to holding GM responsible for hit & run accidents, GlaxoSmithKline for drug overdoses, Ma Bell for all the drug deals made on her lines, AOL for allowing sexual predators to find victims online and Smith & Wesson for all the crimes committed with their guns (yeah they've tried that). You get where I'm going with this...
Manufacturers cannot always guarantee that their products are going to be used in the manner prescribed by all users. Was Rubbermaid held accountable for the assault against Abner Louima? No. Justin Volpe, the broomhandler who used the product in a manner not intended, is serving a 30-year sentence.
The fact that the RIAA and MPAA don't have any other viable solutions to solving their problem should not give them license to put the burden on P2Ps. They should have started paying attention all those years ago when we were having meetings about the impact of downloading to the bottom line instead of being arrogant. Oh, they might want to consider lowering their prices, too, since it costs less than $2 to make a CD. We've only been suggesting that for a decade.
Whether or not P2P networks should be required to give up the identities of its illegal users is something I'm still mulling over. Sounds like an ok idea, but how to enforce without violating existing privacy protection laws? And when does illegal behavior trump the right to privacy.
And how on earth can justify forcing file-sharing software manufactures turning over file-sharing abusers when we can't even force local law enforcement to turn over illegal aliens in violation of federal immigration laws?!?!?!?!?
More on this...
EFF: MGM v. Grokster
Sony Corp. of America v. Universal City Studios, Inc.
Intellectual Property Cases
Intellectual Property Law Directory
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