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The Courts Side With Record Labels

June 27th, 2005 · 2 Comments

Before I get started, let me say this: nobody in my family participates in the stolen music market. We purchase all of our music either: a.) in stores (it’s been a while), or b.) on iTunes – we do this all the time.

That having been said, this article has been floating around on every news outlet all day. Essentially, the Supreme Court has said that companies who provide consumers with the means to infringe on copyrights are liable for the infringements said consumers commit.

I’ve got a problem with this.

From the article:
“We hold that one who distributes a device with the object of promoting its use to infringe copyright … is liable for the resulting acts of infringement by third parties,” justice David Souter wrote in the decision. “There is no evidence that either company made an effort to filter copyrighted material from users’ downloads or otherwise impede the sharing of copyrighted files.”

I don’t know that Grokster” or any of the other P2P (peer-to-peer) networks promote their ability to infringe on copyrights. Granted, it’s well-known…but do they promote it?

It’s true that I’m not a proponent of illegally-downloaded music/software/movies/etc….but does that mean that the people who write the software are responsible?

What’s next? Is Buck Knives” going to be held accountable for the murders that psychos commit, given that they promote how sharp/deeply their knives cut? How about Jim Beam for each drunk driver that commits a crime?

I don’t have a problem with the much-hated RIAA going after 12 year-olds and grandparents, if they’re violating copyrights and downloading illegal material.

I DO take issue with holding a company responsible every time one (or millions) of its consumers use its product for something illegal.

It’s not my legal responsibility to enforce copyright laws, and I’d guess it’s not the responsibility of any other citizen. That’s the copyright holder’s responsibility – if they choose to do so.

Hopefully my car will still go 70 mph tomorrow…even though it’s 5 mph over the speed limit.

Tags: Music · Politics · Tech

2 responses so far ↓

  • 1 Chiu Ling // Sep 2, 2005 at 7:15 am

    I think P2P network is good for sharing music from independent and underground musicians, but without much control most use it to steal music

  • 2 Vivian Chen // Jun 20, 2006 at 3:12 pm

    Very true. There’s a case that’s quite similar to it with Sony Betamax where they said that as long as there are people using the product for legitimate reasons, it’s not right to shut it down. I’m surprised they would reverse that precedent.

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