P2P developers not liable for users copyright infringements

RTV71 used our news submit to tell us that a Federal Appeals court upheld an earlier decision, that says P2P file sharing in itself is not illegal. In other words, the developers are not to be held responsible for what people do with the software they provide, as it does have many legal uses.

Following the lead of a lower-court decision last year, the 9th U.S. Circuit Court of Appeals in Los Angeles said on Thursday that peer-to-peer software developers were not liable for any copyright infringement committed by people using their products, as long as they had no direct ability to stop the acts. (Download the decision.)

The ruling means that companies that write and distribute peer-to-peer software can't be shut down because of the actions of their customers. It did not say file-trading itself is legal, and lower courts in the United States have said individual computer users are breaking the law when they trade copyrighted files without permission. But the ruling does lift the cloud of potential liability from defendants Grokster and StreamCast Networks, as well as from many of their rivals.

Great submission by RTV71 and a good story to read in full over at C|Net. The logic used by the Court of Appeals makes sense. Of course, we aren't by any stretch of the imagination condoning copyright infringement either. But now, maybe they won't "throw out the baby with the bathwater" by killing P2P. At least not until we see the results of the Induce act. P2P, along with about any technology that enables a user to save content, is subject to Sen. Orrin Hatch's witch burning sterilization process. All you have to do in his paranoid world, is give opportunity and you are engaging in a criminal act! Let's hope some of todays clear thinking prevails over Sen Hatch's attempt to send us back to the days of McCarthy-Style justice. Let's hope this sends a message of tolerance and leaves the gates open to progress.

Source: C|Net

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