State AGs attack p2p
p2pnet.net News:- It looks as if the final version of the Hollywood / California State Attorney General letter is about to surface.
“More than 40 state attorneys general are set to warn major peer-to-peer file-sharing networks that they may face enforcement actions if they do not take steps to stem illegal activity on the networks, such as the trading of child pornography and stolen movies and music,” says a report in the Washington Post here, continuing:
“In a letter to the heads of Kazaa, Grokster, BearShare, Blubster, eDonkey2000, LimeWire and Streamcast Networks, the attorneys general write that peer-to-peer (P2P) software ‘has too many times been hijacked by those who use it for illegal purposes to which the vast majority of our consumers do not wish to be exposed.’
“The letter, which could be sent as early as today and was obtained yesterday by The Washington Post, is the first time state law enforcement officials have thrown their combined weight against the P2P networks, which allow free sharing of digital files – movies, music, software, photos and so forth – among millions of computer users.”
In March a powerfully anti-p2p letter, originating in the office of California state attorney Bill Lockyer and massaged by the MPAA (Motion Picture Association of America), was leaked to p2pnet. The letter took a page from Hollywood INDUCE activist senator Orrin Hatch’s book and used kiddie porn as its hook
“It is widely recognized that P2P file-sharing software currently is used almost exclusively to disseminate pornography, and to illegally trade copyrighted music, movies, software and video games,” it said.
“File-sharing software also is increasingly becoming a means to disseminate computer worms and viruses. Nevertheless, your company still does little to warn consumers about the legal and personal risks they face when they use your software to ’share’ copyrighted music, movies and computer software. A failure to prominently and adequately warn consumers, particularly when you advertise and sell paid versions of your software, could constitute, at the very least, a deceptive trade practice.
“Although millions of children initially are drawn to P2P because of free music and movies, these programs have become high tech speedways for distributing graphic pornography.”
California is Hollywood’s home town and Lockyer is president of the National Association of Attorneys General.
The MPAA, with an enormous vested interest, both saw and contributed to the draft, the final version of which, it now seems, is going out under the National Association of Attorneys General letterhead.
“The letter does not threaten immediate or specific action against the networks, but it does say, ‘We will, as appropriate, continue to initiate such actions in the future to stop deceptive and illegal practices by users of the Internet, including users of P2P software’ if the networks do not take ‘concrete and meaningful steps’ to prevent illegal use of their networks,” says the Post article.
“Courts have ruled that the networks are not liable for acts of their users, but those cases are under appeal. Further, the attorneys general who signed the letter say the ruling does not fully exempt the networks from enforcement actions.”
Hollywood and the Big Four record labels, “blame p2p-enabled illegal file-sharing for lost revenue,” says the story, adding:
“The entertainment industry has fought the networks, attempting to shut them down. When the courts rebuffed this tactic, the music industry began suing individual users of the networks.”
Neither the commercial p2p trade and lobby group P2P United, nor any of the commercial p2p operators contacted by p2pnet, had seen the letter by 8:30 am Pacific.
“This appears to be a case of contempt prior to investigation,” StreamCast (Morpheus) Networks ceo Mike Weiss told p2pnet.
“While we have not seen the letter yet, it seems to be based on the letter originally authored by head of government affairs for the MPAA, Van Stevenson.
“Based on media reports regarding the letter, we can only speculate on who might be misleading the Attorneys General with ridiculously false statements such as ‘Files reside on the hard drives of computer users and can be accessed via high-speed Internet connections even when the computer is shut off.’>
“These scare tactics are starting to border on the absurd and appears to be a continuation of the lies and deceit being perpetrated by the entertainment industry against P2P companies to Congress, the American Public and now, the offices of the Attorneys General.
“Perhaps Congress needs to investigate the Entertainment Industry more so than the P2P Industry.”
In June, we reported that the California District Attorneys Association reception and awards and installation banquet was hosted by the RIAA (Recording Industry Association of America), the MPAA’s opposite number in the music industry.
Go here for the full text, or here for a .pdf download.
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Updated @ 1:27 pm Pacific.
August 5th, 2004 at 5:57 pm
I’d like to know the 10 states whose AG’s refused to sign the letter. Might these be P2P-safe zones?
August 5th, 2004 at 7:02 pm
It’s a good question. Does anyone know the answer?
August 5th, 2004 at 7:30 pm
Does it really matter. Maybe if the RIAA and MPAA instituted fair use practices to allow limited copying of material that someone has purchased for personal use and backup purposes there would be fewer frivolous lawsuits.
August 6th, 2004 at 8:02 pm
Alaska, Kansas, Nebraska, New Hampshire and Wyoming declined to sign. Forty-five states did, joined by D.C. and the Virgin Islands for a total of 47.
August 7th, 2004 at 9:42 am
kazaa is on australia , bluster in spain, edonkey in france
what really think usa Attorney about world?
usa not is the universe centre,
usa not is a democracy
August 14th, 2004 at 12:51 am
the usa really is a poor excuse for a democaracy.
the way we conduct ourselves is pathetic.
we need change so bad, is it coming?