Jessica
Mar 29th, 2005, 12:28 PM
Today, the Supreme Court will hear legal arguments in a landmark case that will address the legality of peer-to-peer (P2P) internet file-sharing services.
The case will be known as Metro-Goldwyn-Mayer Studios Inc (MGM) vs Grokster Ltd and the internet community will be watching with bated breath as the proceedings take place.
In 1984 - over two decades ago - the Supreme Court in the USA ruled that Sony's Betamax videocassette recorder, did not violate copyright law by allowing people to tape films at home.
The outcome of MGM vs Grokster will have massive implications for the broader internet community and so far, the court has ruled that the defendants can't be held responsible for what users do with their software, even if that includes illegally downloading copyrighted songs, films and software products.
It appears the case will hinge on whether the court deceides to uphold previous rulings and outlaw the use of the said technologies or rule in favour and allow a climate where legal technology innovation can thrive.
It will be interesting because in 1984, the VCR case allowed the technology to be used because VCRs had legitimate uses too; Sony weren't infringing copyright laws by selling the product even though they knew that some customers would use it for nefarious purposes.
Some analysts have pointed out the irony of the case if the technology is outlawed because it might be used illegally in a country where guns are freely available.
What do you think? I should hope that P2P is considered legal. In fact, in Canada and France, it's legal to download music for personal use. The Digital Rights Management laws are getting out of hand. Besides, the RIAA's attempts at preventing people from being able to rip CD's have been pathetic. (All you have to do to bypass the preventions is mark a particular place on the CD with a Sharpie.) If the government steps in to help the RIAA some more, it's going to get ridiculous. Imagine if the VCR had been made illegal because it could be misused? The government can't stop technology from advancing, because it could hurt everyone in the end.
The case will be known as Metro-Goldwyn-Mayer Studios Inc (MGM) vs Grokster Ltd and the internet community will be watching with bated breath as the proceedings take place.
In 1984 - over two decades ago - the Supreme Court in the USA ruled that Sony's Betamax videocassette recorder, did not violate copyright law by allowing people to tape films at home.
The outcome of MGM vs Grokster will have massive implications for the broader internet community and so far, the court has ruled that the defendants can't be held responsible for what users do with their software, even if that includes illegally downloading copyrighted songs, films and software products.
It appears the case will hinge on whether the court deceides to uphold previous rulings and outlaw the use of the said technologies or rule in favour and allow a climate where legal technology innovation can thrive.
It will be interesting because in 1984, the VCR case allowed the technology to be used because VCRs had legitimate uses too; Sony weren't infringing copyright laws by selling the product even though they knew that some customers would use it for nefarious purposes.
Some analysts have pointed out the irony of the case if the technology is outlawed because it might be used illegally in a country where guns are freely available.
What do you think? I should hope that P2P is considered legal. In fact, in Canada and France, it's legal to download music for personal use. The Digital Rights Management laws are getting out of hand. Besides, the RIAA's attempts at preventing people from being able to rip CD's have been pathetic. (All you have to do to bypass the preventions is mark a particular place on the CD with a Sharpie.) If the government steps in to help the RIAA some more, it's going to get ridiculous. Imagine if the VCR had been made illegal because it could be misused? The government can't stop technology from advancing, because it could hurt everyone in the end.