Posted on 03/29/2005 1:06:09 PM PST by nickcarraway
Supreme Court justices questioned Tuesday whether the recording industry's attempts to shut down online file-sharing networks would deter inventors from developing new products like Apple's iPod music player.
But the justices also suggested that peer-to-peer networks could be held accountable for copyright infringement because they attracted users by telling them that they could copy music and movies for free.
Record labels and movie studios have sued to shut down peer-to-peer software makers like Grokster and Morpheus, arguing that the millions of songs and movies copied each day over these networks have cut into sales.
Lower courts have ruled that Grokster and Morpheus can't be held responsible for the activities of their users because, like a videocassette recorder, their software can be used for legitimate as well as law-breaking purposes.
The Supreme Court seemed sympathetic to that line of reasoning. Justice Steven Breyer noted that other inventions, from the movable-type printing press to the iPod digital-music player, could be used to illegally copy protected works but have proven beneficial to society.
If the court found Grokster liable for the infringing practices of its users, it could have a chilling effect on other inventors, Breyer and several other justices said.
"There's never evidence at the time when the guy's sitting in his garage figuring out how to invent the iPod," said Justice David Souter in open court Tuesday.
Zero in on a question
But the court also zeroed in on a question that has figured less prominently in previous cases: Whether Grokster and its ilk should be held liable for encouraging, or "inducing," widespread unauthorized copying.
Grokster attorney Richard Taranto argued in court that the network should be judged by its current behavior, not its actions several years ago when it was initially trying to attract users.
(Excerpt) Read more at money.cnn.com ...
Supreme Court justices questioned Tuesday whether the recording industry's attempts to shut down online file-sharing networks would deter inventors from developing new products like Apple's iPod music player.
DUH!!!
How is it OK to record music and movies that are broadcast over the airwaves, but not OK to record them through wires? I can record all the songs i want off the radio and make cds of them.
Since they took the case I'm betting the USSC may be looking to overturn the lower courts. Although file-sharing is illegal P2P software is not so this case is almost like charging gun sellers for the crimes of the owners. The Court should leave this question to Congress.
The Court should leave this question to Congress.
You are kidding right? Congress has no authority to make laws. We are now ruled by the courts so we need to wait for them to tell we the enlightened what will be. Hopefully they will look at world opinion and international law before making this decision.
It is unbelievable the legislating coming from the bench and I strongly suspect that's where this Court is going too. One of these days when we get some politicians with guts it's coming to an end.
Don't you remember the "home taping is killing music" campaign in the 80s. If we make our own copies, how is Don Henley going to fly a gulfstream to his enviro benefit shows? He'll starve!!!
Yes you're correct though I meant to imply copyrighted material where the holder hasn't authorized it.
I think the theory is that the quality of over-the-air music is not as great as that on CDs, so people wouldn't be as interested in duplicating it--of course, most on-line file sharing is sub-cd quality....
Also, it's not on-demand. I think the record industry figures that you're not going to sit by the stereo all day with your finger on the record button waiting for that song that you like.
am looking at some older articles trying to see how the court might rule....
I definitely have this concern, but most articles indicate the line of questioning seemed to be more against the entertainment companies than the p2p companies.
But, that is not always a good judge. They still may rule against the p2p companies, especially since one lower court was, you guessed it, the 9th.
That said, I sure hope they uphold their Betamax decision. If they do not, well, p2p won't die. It will just move overseas.
But, it will have a horribly stifling effect on internet technology and effectively make illegal VCR's etc.
It would be bad. I am worried.
I hope they make their decision tomorrow....don't want to worry about this one anymore.
Same here.
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