US Supreme Court P2P case.

Duffman

Maybe this belongs in news, move as appropriate.

Linky

Today the US Supreme Court will begin to hear testimony in a case brought by the entertainment industry against Grokster and StreamCast networks.

What is particularly worrying is that unlike the Napster case (in which the music industry successfully sought to have Napster's servers shut down), the industry is challenging the legality of P2P technology itself.

The consequences of a ruling against the defendants might be disasterous and not just because downloading warez is fun P2P technology really does have important legitimate uses. Just look at the success of BitTorrent as a fast, reliable, secure and cheap distribution method for software releases and Skype as an example of VOIP applications of the technology in recent years.

Once again, the US legal system threatens to stifle innovation in the IT sector when we haven't fully explored the possibilities of P2P technology.

Let's hope the entertainment industry aren't as successful this time..

cregser

I only skimmed over that but it doesn't look like they're trying to take down P2P as a whole. You simply don't have a case against BitTorrent when it's used legitemitly for linux distros etc. (For large files I now insist on finding a .torrent).

However, if there is a P2P technology that is only used for illegal distribution then it can be tackled in court i.e. Napster

Syth

They are trying to take down P2P. They are arguing that the people who make P2P software should be held legally responsible for what the users of the software do.

They tried the same thing when video machines came out.

The Electronic Frontier Foundation has more information on the case, and others, including the original case which made video machines legal in the USA

cregser

Excuse my ignorance, I don't have time to read up on all this. But hey, lets sue gun manufacturers for all the people their users have killed. And car manufacturers for all the deaths on the road. And CD-RW drive makers, and the whole dam internet.

I just don't like the idea of this at all. I'm sure it's more complicated...

*reads Beetmax link*

Yeah they havn't got a hope.

snappieT

I'd like to point out that the US Supreme Court is not the WORLD Supreme Court.

Servers in russia full of warez that the state can do nothing about. If American's can't make P2P software, Russia will beat the states again, and make a more efficient P2P program for all.

No, I'm not a big Stalin follower, I'm just making a point. I love all nations. Hug a tree

Superman

snapscan1212p wrote:

Russia will beat the states again,

hmmm.. again!

BloodBath

Servers in russia full of warez that the state can do nothing about. If American's can't make P2P software, Russia will beat the states again, and make a more efficient P2P program for all.

Exactly, I wouldn't worry about what the yanks are doing. It won't really affect us.


BloodBath

mr_angry

The MPAA / RIAA are actually trying to have the Sony Betamax ruling overturned in the Supreme Court caliming that any technology that could potentially infringe upon a copyright should mean the inventors can be sued. There's no question that this is a very dangerous case for America's digital rights, and I wouldn't be too quick to say "Its alright, its only US law". Ireland has never really had any decent legislation on the matter, and the consensus has always been to just go along with whatever the rest of the world thinks. However, it is quite likely that if the previous decision is overturned, the MPAA / RIAA will move to have similar laws implemented in the EU, and hence here.

In defence of the 1984 Sony Betamax decision, all the previous courts up to this point have rejected the MPAA / RIAA cases in favour of the original decision. However, counting against it, the Bush administration have expressed a desire to see the makers of P2P software prosecuted for copyright infringement. Its difficult to predict which will weigh heavier in the minds of the Supreme Court judges. Remember - these will not be the same judges who have ruled on previous decisions - Bush has appointed most of the supreme court judges as recently as the beginning of this year.

Thanks to the US Patriot Act, the US also has juristiction over any US companies operating in other countries, and any other nationals using servers in the US. That means any development at companies like Intel into this kind of technology will stop. Worldwide. That includes companies that are part-owned by corporations like Intel. Hell, MSN Messenger has P2P transfer facilities - this ruling could easily jeapordise stuff like that.

Intel were the only company that even stepped up and said "The success of this challenge would be a bad thing". This is far from being a open and shut case...