Article: Kazaa code rises from ashes to help ISPs block pirated material for profit

[proforma]

Well - for ISPs it would be a very bad idea to add advertising to the (not their!) content. The internet isn't just youtube where another banner wouldn't matter but also some very critical applications for hospitals, brokers, companies, goverments... Most of these would react very badly if someone would inject some of their own bits.

Next problem: Just because someone is transfering a file which is copyrighted doesn't mean he is doeing it illegal - even is he is transfering to a swarm. Maybe he is the artist. Maybe this is promo material. Maybe a blockbuster hollywood film uses public domain material which the filter identifies.

[megabyteme]

Well - for ISPs it would be a very bad idea to add advertising to the (not their!) content. The internet isn't just youtube where another banner wouldn't matter but also some very critical applications for hospitals, brokers, companies, goverments... Most of these would react very badly if someone would inject some of their own bits.

This EKG sponsored by totallysickhorsefuckers.com

[TheFoX]

I am not sure on the exact content of the law, but sharing copyright material isn't the issue, is it? You could share an album or film a million times, but if those million recipient don't listen to, or view, those files, no crime has been committed.

Copyright infringement happens when you listen to or view something that you are not license to listen to or view. If you buy a CD of music, you buy a license to listen to that CD. If you download that CD from a filesharing site, but don't listen to it, ever, you haven't broken the licensing laws governing that material.

You could download a copy of a movie, then buy the DVD containing a licensed copy of the film, which would make watching the downloaded copy legal, since you now own a license to view.

So, filesharing isn't the issue, since the person doing the sharing has no idea that those who are grabbing the file don't have the necessary license to listen to or view the material. The onus on complying with the law must well and truly be in the hands of those grabbing the files, and not those sharing.