June 27, 2005

Supreme Court rules against file swapping | Tech News on ZDNet

Much more will be written on this topic and I 'm certain that the "Music Should Be Free" advocates will continue to holler about the Supreme Court's ruling. However, the Court did the right thing and they did it unanimously, a very good sign from a court that is usually divided 5-4 on most important decisions.

Piracy should not be encouraged. People and companies who create technologies and networks that enable, sponsor and advocate stealing music should not be encouraged by others or provided with the opportunity to do so.

The cases that were dismissed which fostered these appeals to the Supreme Court can now go forward in the lower courts.

The New York Times quotes the decision and comments from the industry:

"One who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties," Justice Souter wrote.

Movie and music industry executives hailed the decision. "If you build a business that aids and abets theft, you will be held accountable," said Dan Glickman, chief executive of the Motion Picture Association of America, the lobbying organization for the major Hollywood studios. BMI, representing more than 300,000 songwriters and composers, called the decision "good news indeed for the creative community whose work has been blatantly infringed."


Here is a nice summary of the major players in the Supreme Cout case along with thier positions and brief rationale.

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