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Hollywood takes P2P case to Supreme Court

malebolgia   on 08 October 2004 - 22:13 · 18 comments & 1393 views

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Hollywood studios and record companies on Friday asked the United States Supreme Court to overturn a controversial series of recent court decisions that have kept file-swapping software legal.

The decisions have been among the biggest setbacks for the entertainment industry in the past several years, as they have tried to quell the rampant exchange of copyrighted materials over peer-to-peer networks such as Kazaa and Morpheus. In a joint petition to the Supreme Court, the Motion Picture Association of America (MPAA) and the Recording Industry Association of America (RIAA) said that letting the lower court rulings stand would badly undermine the value of copyrighted work.

"This is one of the most important copyright cases ever to reach this court," the groups said in papers filed with the court. "Resolution of the question presented here will largely determine the value, indeed the very significance, of copyright in the digital era." The ongoing case has helped define the limits of what is legal for software companies, as the entertainment companies have tried to hold peer-to-peer developers responsible for the widespread copyright infringement of people using their products.

News source: C|Net News.com


Cont...

At present the new venture is being called "Exclaim," but this is apparently only a temporary name and is likely to be replaced before the firm starts trading. Cousens is joined in the new venture by Europlay Capital Advisers, the Los Angeles based firm which is headed by industry veterans Sean Brennan and Mark Dyne and has advised on a number of major industry deals in recent years.

It's expected that along with the Cheltenham and Manchester studios - accounting for some 160 employees - "Exclaim" will also take possession of several of Acclaim's products in development, including Interview with a Made Man and Heist.


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(3 replies) #1 slimshady165000 on 08 Oct 2004 - 22:17
who cares??? pressing this issue made me care less about copyrights. The fact is, copyright only benefits big business....

why don't you see individual artists sueing music swappers?
#1.1 Sushubh on 08 Oct 2004 - 22:26
maybe they dont have the spare time or resources to go after individuals. they are the ones who create the music/movies...
#1.2 Starcom826 on 08 Oct 2004 - 22:29
That's right! And ban email while you're at it too! We all know you can transmit copyrighted materials by email.

Edit: Meant to be a separate reply.
#1.3 Jonny6pak on 08 Oct 2004 - 22:57
The labels generally own the copyrights to the music so they would be the ones with the best oportunity to litigate. It's pretty involved and goes well beyond just holding copyrights, but that's the basic prinicple. An artist could sue by why take on that huge cost when you're signed to someone who will do it for you. Plus the artist doesn't have to take sides now and won't have to alienate a customer since the RIAA can be the bad guys. I don't even think copyrights are the problem at this point since royaltees for performance and use are well covered by BMI and ASCAP. Copyrights are just being used here since it holds more weight then plain theft. The industry can say that the public is essentially making copyrights moot wich will spread into any form of copyrighted matrial. This theory brings more weight to the argument. Since there's now way to regulate a file swapping network there is no way to enforce royaltees, but that argument won't be as powerfull with the Supreme Court compaired to copyright infringment.
(1 reply) #2 Jonny6pak on 08 Oct 2004 - 22:28
Has the Supreme Court decided to hear the case? All I see is that the MPAA and RIAA petitioned the court. It's really not a big deal unless they hear the case. Without getting into the debate of downloading copyrighted material itself, could the court even make a developer liable for his users? I guess if the developer knew his actions were such that would harm a specific industry then yes, but I can't see the court making peer-to-peer illigal as a blanket ruling since it's a standard network protocol. I think the worst case scenario out of this is the court could say that a developer can be liable but only if it can be proven that the intent of the software's development was to aid in media piracy. But then what happens if someone's intent wasn't such as to create a piracy network and the online comunity converted it's use to piracy. Should he be forced to halt development? Such a thing could seriously harm innovation for those wishing to further improve upon networking protocols. Not just with peer-to-peer as I'm not sure one could even claim innovation, but with networking itself. I cannot see the SC stifiling software development on the whole. Why invest time in development if the risk of litigtation is too great? What will eventually happen--the industries sue Cisco becuase they created routers that allowed people to transmit music and movies? This will be interesting if the court does hear the case.
#2.1 VB Guy on 10 Oct 2004 - 05:27
paragraphs are nice.
#3 za3zoo3 on 08 Oct 2004 - 22:46
OMG .. please GOD dont make P2P fall down soon
#4 sebastian_insua on 08 Oct 2004 - 22:52
the RIAA and etc... will win eventually as they have enough money to keep going to caught over and over again until P2P becomes illegal....
#5 za3zoo3 on 08 Oct 2004 - 22:59
finish the kazaa LAWSUIT and hollywood come agian to open new LAWSUIT with p2p
(1 reply) #6 jivemastert on 09 Oct 2004 - 00:46
i miss the days when everything illegal was underground. people didnt get caught, or sued, or brought to court unless they did something stupid. damn, now the way things are, any little 14 year old girl can sign onto kazaa and get the new dashboard confessionals song.... not that i have anything against DC, im just trying to prove a point... its rediculous. p2p needs to go back to the underground world, and people need to buy cds cause it shuts the RIAA up and keeps them from being annoying.
#6.1 epple on 10 Oct 2004 - 15:05
P2P was the thing that destroyed the "underground" world. P2P is ment to be for everyone, underground is not.
#7 AngelicRaver on 09 Oct 2004 - 03:25
'OH NOES! We are rich but people are still 'stealing' our music! I could have used that money from my overpriced CD to buy me a 20th car or add an extra 7 bedrooms and a second pool to my already large home. HERES AN IDEA! Lets take it to the supreme court! Instead of them deleberating on laws and important things, they can put an end to these program!'

RIAA = Greed. If they want to stem the tide of music sharing, then lower thier overpriced damn albums. P2P, though used as tools to share the music, cant be held accountible. They are just tools, a harmless program. Could just as easibly be used to share family photos, or personal projects. Its not the program thats doing this. Just beacsue they now cant trace sharers and sue them. They are getting desperate. IF the supreme court rules in favor, it'll just go underground.

No one should be able to have juristion over cyberspace. Its not any land.. or any one country. Its the global network.. A world thing. Governed within itself.. by itself, by each and everyone one of us. We set the rules.. we follow them, Hackers and crackers and pirates, and forum hounds, artists, and poets, lovers and friends, young and old.. we wear the term geek with pride.. This is our world. Our rules apply here, not some facist music group that can try to enforce thier will. We will always succeed.. No matter the obsticles.

#8 cscheatsforyou on 09 Oct 2004 - 05:22
The end of P2P, is the end of RIAA.
#9 X-Spyder on 09 Oct 2004 - 06:22
Simply put, p2p keeps the industry afloat and they'll realize it too late. I'll keep spending my money only because like usual I fear getting caught up in the legal fiasco. But the logic here is pretty simple. No research supports the idea that p2p hurts the industry because the larger percentage of these piraters wouldn't buy the stuff anyway. I full-heartedly support the idea that pirating bolsters hardware sales, thus driving another sector of the industry. Kill that end (video, audio, mobos, etc) and you kill people's ability to play the games. Then again, maybe I am off on this point as I haven't heard of anyone busted for downloading games only.
#10 tom5 on 09 Oct 2004 - 14:16
The best way would be to find Internet illegal and to forbid to use it.
#11 Jugalator on 10 Oct 2004 - 00:31
Uhh...

So they want P2P developers to ensure their services aren't used illegally.

I wonder how that will be possible?

It would be hilarious if P2P software had to support some sort of "copyright" bit.
(which would in practice be as respected as the copyright flag on CD's by Nero, and so on)
#12 poind on 10 Oct 2004 - 11:25
If the RIAA can prove that 90% or so of P2P traffic is illegal, they have a case that software providers need to incorporate procedures to better ensure legal use.

I wouldn't be surpirsed if they eventually end up doing their own file-sharing thing so they can track use and be the one to provide ads for concerts, etc.

They are not going to be getting profits from still-overpriced CD sales, and need to realize that the way they once viewed radio has now shifted to a different medium with more individual control. They can stand on the outside and whine, or get involved.

Not that there's much at all out there worth buying/listening to these days anyway. I can already tell you there's maybe one CD or two coming I care about (U2's Vertigo, for example), and I'll buy it on release, overpriced or not. Otherwise? Eh....
#13 8-n-1 on 11 Oct 2004 - 13:27
If P2P is ruled illegal, by extension you must rule the Internet illegal as well. It's all about how it's used. The technology itself is not to blame.

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