This is BrainLog, a blog by Dan Sanderson. Older entries, from October 1999 through September 2010, are preserved for posterity, but are no longer maintained. See the front page and newer entries.

August 23, 2004

Judges rule file-sharing software legal, as well they should. The industry response (as quoted in the article) is surprisingly sane, and emphasizes that this decision does not legalize copyright infringement, only file-sharing software makers are not liable for the illegal actions of their users.

comments...

Ed of freedom-to-tinker.com pulls this particularly wise quote from the end of the court opinion:

As to the issue at hand, the district court's grant of partial summary judgment ... is clearly dictated by applicable precedent. The Copyright Owners urge a re-examination of the law in light of what they believe to be proper public policy, expanding exponentially the reach of the doctrines of contributory and vicarious copyright infringement. Not only would such a renovation conflict with binding precedent, it would be unwise. Doubtless, taking that step would satisfy the Copyright Owners' immediate economic aims. However, it would also alter general copyright law in profound ways with unknown ultimate consequences outside the present context.

Further, as we have observed, we live in a quicksilver technological environment with courts ill-suited to fix the flow of internet innovation. The introduction of new technology is always disruptive to old markets, and particularly to those copyright owners whose works are sold through well-established distribution mechanisms. Yet, history has shown that time and market forces often provide equilibrium in balancing interests, whether the new technology be a player piano, a copier, a tape recorder, a video recorder, a personal computer, a karaoke machine, or an MP3 player. Thus, it is prudent for courts to exercise caution before restructuring liability theories for the purpose of addressing specific market abuses, despite their apparent present magnitude.

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