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The Grouper Exception

p2pnet.net News:- Grouper is a new Windows based application that allows users to share their personal media within private groups. Grouper uses P2P technology connecting you directly to your friends’ hard drives where you can share large files in a safe, encrypted environment.

Do I detect a loophole here?

According to an obscure copyright exception, in Dutch law there’s no infringement of copyrights if you broadcast copyrighted material in a private circle of people such as family or friends.

This is called a ‘closed circle’ exception and has been used but sparingly in copyright cases because judges are reluctant tp accept it.

For example, people in a workplace setting wouldn’t fall under this exception. The same goes for a funeral. It basically states that there must be a tangible, family-like relationship between the people within the circle.

The motive for this exception was essentially not to be overzealous in infringement pursuits. The goal? That the copyright police wouldn’t be able to stop you from playing music at your own birthday party in your own home.

So most lawyers lost interest in using it. But times have change. And so have relationships.

The Net means we’re no longer restricted by geographical boundaries and basically, online relationships are defined by different parameters. Take, for instance, your instant messaging (IM) list. You can pick and choose who you chat with by simply adding or blocking people.

Now, Grouper is using the same principle on file sharing and one specifically interesting feature is the streaming option for media files.

This isn’t very new. File Transfer Protocol (FTP), IM and Peer2Peer and other such systems have incorporated lots of those features already.

Grouper just packages those features more effectively to fit the profile of a ‘closed circle’.

So, if you’re really particular about your friends. you might find Grouper extremely useful.

Raymond Blijd - fk2w

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