[svlug] Re: [nylug-talk] Bunch of Cuckoo's FoilingNapsterUsers??

[Ruben I Safir]

Robert Hajime Lanning wrote:
> 
> There is no difference between these:
> 
> run napster
>   it opens a share on your machine for the directories that contain
>   mp3 files
>   it registers the mp3 files with the napster search engine
> 
>   users search the search engine then connect directly to the originator's
>   machine and to the share provided by the napster client on the
>   originator's machine
> 
> or...
> 
>   turn on file and print sharing and share a directory of mp3 files.
>   create a webpage at your ISP listing the mp3 files
>   register the webpage with yahoo, excite, google, <your favorite search
>   engine here>...
> 
>   users search a search engine click on link for webpage then click
>   on link in webpage and connect directly to originator's machine
>   and to the share provided by Windows.

Well - mostly right.  Yahoo is not in the business of distributing mp3's
or helping others
distribute mp3's.  Yahoo, is in the generalized seach engine bisoness
and sells adds to generate revenue.    If a request is made to remove
material from the search engine, that starts to get into other issues of
busines law...

The person who puts the website up, however, if he has a banner add or
using his site for a business in any way, is in violation - just like
Napstar.

And if not, is probibly covered by Fair Use since sharing music is not a
crime.

Don't take the word Copy in Copyright to literally.
 
> 
> Ok... now for both of these senerios who gets sued?
>   It would either be the originator who is puting the files out to the
>   public or it would be napster, Microsoft, yahoo, the ISP, google,
>   excite, <your favorite search engine here>...
> 

The one trying to make money through the exploitation in any form of the
Copyrighted work.

In the first case, napstar, the second case the site operator (or no
one).

BTW - Who gets sued is really a different issue....lately the answer is
anyone is eligable....annie get your gun (Fair Use).  WHo's likely to be
found guilty of copyright infractions is likely to be what I said.


> The one actualy commiting the crime is the originator who places the file
> in the public domain.
> 

Not really - The originator is not placing the file in the "Public
Domain" which means without
copyright protection.  It still has copyright protection.  And since the
Napstar User is not profiting from sharing the file, he's not infringing
on Copyright either.

Napstar is the entity trying to profit from the transaction - and
Napstar is infringing.


Beleive me guys - I'm one of the most rabid Fair Users anti-DMCA people
you will ever meet.
But Napstar really doesn't have a chance, and really shouldn't.

GNUELLA, on the other hand is completely about fair use!!!

> ---- As written by Ruben I Safir:
> >
> > "Derek J. Balling" wrote:
> > >
> > > At 12:34 PM -0500 8/18/00, Ruben I Safir wrote:
> > > >Yes
> > > >
> > > >It does distribute.  To say a person is asking for it to distribute is
> > > >irrelevant to this.  All distribution but SPAM is initiated by someone.
> > >
> > > Correct, and the transport method and/or software involved is NOT to
> > > blame, the people initiating the distribution, if such distribution
> > > is illegal, are the ones to blame.
> >
> > Right
> >
> > The Company creating the device to exploit Copyrighted material is to
> > blame.  Especially when they're using they're servers to at the lynchpin
> > to a client front end.
> >
> >
> > Which is why Napstar is going to loose and should loose.  The free
> > versions, which make no comercial exploitation  should be protected.
> >
> > > _______________________________________________
> > > svlug mailing list
> > > svlug at lists.svlug.org
> > > http://lists.svlug.org/mailman/listinfo/svlug
> >
> > --
> > Ruben I Safir
> >
> > ruben at sruben.dental.nyu.edu
> > ruben at wynn.noSppam.com
> >
> > Perl Notes:
> > http://www.wynn.com/jewish/perl_course
> >
> > http://www.brooklynonline.com
> > Manager of Intranet Development NYU College of Dentistry
> > Resume:  http://www.wynn.com/jewish/resume.html
> >
> > _______________________________________________
> > svlug mailing list
> > svlug at lists.svlug.org
> > http://lists.svlug.org/mailman/listinfo/svlug
> >
> 
> --
> /* Robert Hajime Lanning                             lanning at lanning.cc
> ** Trade: Unix Systems Administrator (Senior level)
> */
> #include <std_disclaimer.h>

-- 
Ruben I Safir

ruben at sruben.dental.nyu.edu
ruben at wynn.noSppam.com

Perl Notes:
http://www.wynn.com/jewish/perl_course

http://www.brooklynonline.com
Manager of Intranet Development NYU College of Dentistry
Resume:  http://www.wynn.com/jewish/resume.html