Koncno-Sodisce v ZDA potrdilo legalnost Kazaa in P2P

SYDNEY, Australia - The distributor of file-swapping giant Kazaa on Friday welcomed a U.S. court's ruling that two of its rivals are not legally liable for the songs, movies and other copyright works shared online by their users.

Among other reasons for its landmark ruling Thursday, the 9th U.S. Circuit Court of Appeals (news - web sites) said Grokster Ltd. and StreamCast Networks Inc. were not responsible because they don't have central servers pointing users to copyright material.

Nikki Hemming — chief executive officer of Sharman Networks, the Sydney-based company that distributes the immensely popular Kazaa peer-to-peer, or P2P, software — hailed the ruling as "a fantastic result for the peer-to-peer community. This ruling reinforces similar decisions in other courts around the world that P2P is legal."

She called on the entertainment industry to "stop litigating and start partnering with us. Legislation is not the answer, commercialization of P2P is."

Rod Dorman, lead trial counsel for Sharman Networks in the U.S., said in a statement that Sharman would now seek a U.S. court ruling that the Kazaa software is legal.

"This is a victory for the technology industry and fans, artists and owners of entertainment content," he said.

Sharman is involved in litigation in the U.S. and Australia over whether its Kazaa software, used by millions of computer users around the world, is responsible for copyright infringement.

Dorman said the ruling also sent a message to file swappers "that they must use the software responsibly."

Dorman pointed out that the U.S. decision could not be used as precedent in Sharman's Australian copyright infringement case, because U.S. and Australian laws are slightly different.

"Regardless, the reasoning of the Ninth Circuit decision is powerful, sound and persuasive," he said. "In addition, and more importantly, we are a global community and there should be consistent doctrines governing the application of copyright law to the Internet worldwide. I expect that the Australian court will consider the reasoning of the Ninth Circuit during its deliberations."

In February, investigators from the Australian recording industry raided the Sydney offices of Sharman and Hemming's home, using rarely exercised search powers to hunt for evidence to support allegations of copyright infringements. The case is still before Australian courts.

Late last year, the Dutch Supreme Court ruled that Kazaa's Netherlands division cannot be held liable for copyright infringement of music or movies swapped using its free software.

SOURCE

Bo zdaj mir? Bodo studii koncno raje sodelovali z P2Pji? Bi ze bil skrajni cas.

no .. no .. no, da se ne bi prehitro veselili


"Grokster has won big in the 9th Circuit Court of Appeals. Read the decision: [ PDF]. It is a very strong decision, basically bringing the Sony-Betamax decision into the modern age. Of course, the decision does make it clear that if Congress wants to change the law, they can (cough* INDUCE Act*cough).

vir


btw. to velja samo za podjetja. Ce ne mores razsuti podjetja moras ocitno se bolj divje toziti posameznike saj, ce dobis od vsakega, ki ga pogledas avtomatsko $3000 ( vir) v izvensodni poravnavi in se nihce niti ne upa iti v pravni boj s tabo ... zakaj bi se trudil s podjetji?

Problem je,da se glasbena industrija pobira-in to ravno zaradi prodaje prek spleta. Skratka bili so kmetje, priznat sicer tega nocejo, bodo pa pocasi res sami ponudli stvari kot se spodobi namesto brezveznega posiuljevanja s primitivnimi tehnologijami in poslovnimi modeli.