[svlug] Re: [nylug-talk] Bunch ofCuckoo'sFoilingNapsterUsers??

[Ruben I Safir]

Yeah

That's essentially correct and the reason these cases are so important.
At some point the courts are going to have to say that this is not a 
contributory because it's....fill in the blank.

The law is already like this.  Yahoo is sheilded by legal prescedent and
statutory law protecting IP Providers etc...
Since Yahoo's business model is not BASED on the distribution and
databasing
of mp3's, Yahoo is off the hook.  There is also a Fair Use priniciple
involved.

But if it can be shown that Yahoo is making a significant business by
exploiting the distribution of mp3's through it's site as a usage which
is not just run off of it's generalized search engine business... it's
on the hook!

In fact, that's largely what happened to mp3.com

Ruben

"Derek J. Balling" wrote:
> 
> At 1:51 PM -0500 8/18/00, Ruben I Safir wrote:
> >
> >Who's initiating the production of a copy is not a requirment of
> >Copyright infringment.  Any comercial exploitation of copyrighted
> >work for profit is potentially infringment.
> >
> >If you don't first understand this...we have to end the
> >conversation.....
> 
> Then, by your (and that) logic, I'd expect to see cases of
> "contributory infringement" filed against:
> 
> Microsoft - for a commercial product (Internet Explorer) which can be
> used to retrieve and distribute copyrighted works. Further, their
> commerical product "Internet Information Server" (IIS) is designed
> specifically to allow anonymous connections retrieving any manner of
> file regardless of content or size, allowing copyright materials to
> be distributed to the far corners of the world
> 
> AOL - for a commercial product (Netscape Navigator and/or Netscape
> Communicator), which - like IIS above - allows for world-wide
> anonymous copyright infringement.
> 
> Qualcomm - for a commerical product (Eudora Pro Mail Client) which
> allows users to send, via e-mail, all manner of attachments without
> bias, including copyrighted MP3 files or MPEG-encoded videos of
> copyrighted motion pictures.
> 
> Cisco - for a whole line of commerical products (Routers, Switches,
> Hubs), which are designed solely for the purpose of data
> communication, including but not limited to, copyrighted materials
> such as MP3 music files or MPEG movie videos.
> 
> To wit, I _UNDERSTAND_ that argument, but if that argument is to hold
> water then the entire Internet itself is "contributory infringement",
> as there are LOTS of products that are "contributorily used" by
> people trading illegal data.
> 
> D
> 
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-- 
Ruben I Safir

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

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