P2P developments


The ACLU, along with five library associations, the Internet Archive and Project Gutenberg, filed an amicus brief in MGM v. Grokster, in support of the defendants-appellees. The ACLU argues four points:

  • Liability for contributory infringement must depend not only on actual knowledge but also on the ability to act upon such knowledge
  • liability cannot turn on an analysis of the percentage of current use that constitutes direct infringement
  • Software developers should not be required to modify their products to facilitate enforcement of copyright
  • Free speech and the public interest are served by rules that allow new and innovative mediums of communication to develop and flourish.

Washington Post: Use of Subpoenas to Name File Sharers Criticized
NY Times: A.C.L.U. Challenges Music Industry in Court
News.com: ACLU takes aim at record labels
Today, the Senate Committee on Governmental Affairs, Permanent Subcommittee on Investigations held a hearing on Privacy & Piracy: The Paradox of Illegal File Sharing on Peer-to-Peer Networks and the Impact of Technology on the Entertainment Industry.
Internet.com reports: RIAA Settles 63 More Infringement Suits
Downhill Battle launches their P2P Legal Defense Fund
Moby on the RIAA:

personally i just can’t see any good in coming from punishing people for being music fans and making the effort to hear new music.
i’m almost tempted to go onto kazaa and download some of my own music, just to see if the riaa would sue me for having mp3’s of my own songs on my hard-drive.

Andrew Raff @andrewraff