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Thread: Court To Hear Landmark P2p Case

  1. #1

  2. File Sharing   -   #2
    mrlessk's Avatar Poster
    Join Date
    May 2003
    Oregon, USA
    "the peer-to-peer operators do not have direct control over the files swapped on their networks."

    "Without evidence of their active and substantial contribution to copyright infringement, Wilson wrote, the file-trading services -- which also serve legally permitted purposes -- cannot be held liable."
    These statements address the crux of the matter.

    I don't see how P2P operators such as Grokster and StreamCast Networks or "any other" could be held liable for the actions of their users...
    one (the user) enjoys the freedom to choose what one wants to file-share, without those choices being overseen, censored or excluded.

    The liability argument to hold operators responsible falls, I believe, into the same category as liability for a car accident (to use an abstract) (car manufacturer or driver?). Here, the manufacturer would certainly be excluded from any judgements or responsibility for the driver's actions.

    I, for one, do not believe Judge Wilson's ruling will be reversed.

    Interesting and precedent setting case, let's follow this one closely.



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