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

[Ruben I Safir]

No - It's not.

the Napstar software is not just "a search engine" like the others AT
ALL.

Napstar is a device written specifically to enable the sharing of Music
files, which would otherwise not be on the Public World Wide Web, and
compiles a database of the location of these Music Files specifically,
and provides a software device to seach that database and automates the
transmition of them from one location to another in a customized
propietory GUI.

It's nothing like exicte which searches the open World Wide Web and
archives EVERYTHING...



"Derek J. Balling" wrote:
> 
> [EditNote: I'm changing the search-engine name used in this example
> because I work for the one that was initially used *G*]
> 
> At 2:05 PM -0500 8/18/00, Ruben I Safir wrote:
> >
> >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...
> 
> Napster is a search engine, just like Excite or AltaVista or anything
> else. In fact, Google or AltaVista are BETTER examples. You submit a
> URL to Google or AV, and that's all you tell them "This is my site".
> You don't tell them what's on in, nor do they care. They spider your
> site and list its contents, selling ad-space above the links to their
> heart's content.
> 
> Napster does the same thing. You, the user, "submit an URL" by the
> process of telling the client "Share this directory", which is
> telling the Napster search-engine "spider this directory and list its
> contents". Napster then allows searches across that data, exactly the
> same way that any other spidering search-engine does.
> 
> >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.
> 
> You keep getting hung up on banner ads and such. I don't think you
> really understand things at all. If I am distributing copyrighted
> material, it doesn't matter if I have a banner ad up or not, its
> illegal.
> 
> >And if not, is probibly covered by Fair Use since sharing music is not a
> >crime.
> 
> An argument that, to date, is untested. Personally, I'd like to SEE
> that, but right now, TODAY, both with and without ad-banners is still
> in the realm of copyright infringement.
> 
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-- 
Ruben I Safir

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

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