You might have learned by now that the United States Supreme Court has ruled in favour of the copywrong industry, and against Streamcast and Grokster (in apparent defiance of the Sony-Betamax precedent). The reason, said the Justices, was that the two actively induced users to infringe copyright, as opposed to Sony, Betamax, the people who invented CD-Rs etc. who just made a device.
However, this is not as serious a defeat as you might expect, for the following reasons:
- Grokster, Morpheus [Streamcast’s product] et al are so full of spyware (and their networks so vulnerable to fake files) that very few file-sharers actually use them any more
- The most common protocol- BitTorrent, is not ‘owned’ by one company (although Bram Cohen invented the protocol, and produces his own client, it is open source and anyone can do so), so it is probably less vulnerable to these sorts of lawsuits
- These are really the only two filesharing companies based in the US, so even if they do get shut down, we have plenty of international ones to play with
- the infamous Sharman Networks, creators of Kazaa (Vanuatu)
- isohunt.com, bittorrent index (Canada)
- thepiratebay.org, another bittorrent index (Sweden)
- The all-important Sony-Betamax ruling still stands. Three of the Justices- Ginsburg, Kennedy, and Chief Justice Rehnquist- argued for a stricter interpretation that software must be ‘proved’ to be substantially used for non-infringing purposes, while the other three- Breyer, O’Connor, and Stevens- defended the current interpretation of the ruling. The two therefore cancel each other out and Sony remains, as-is [this bullet according to SCOTUSblog]
So, although the industry-friendly media such as the BBC, and even some of the technology sites are proclaiming this as a ‘major victory’ for the industry, it really isn’t all that big a deal. In the worst case scenario, we lose two insignificant players in the filesharing world, and the ‘plus point’ may be that, given that the (almost certainly) impending lawsuits against the two companies will take a long time, and lots of lawyers, the terror campaign against individual Americans may slow down a bit. Share on!
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