Hollywood mobs p2p ops
p2pnet.net Opinion:- Yesterday, the owners of the Morpheus and Grokster p2p file sharing applications filed a brief with the US Supreme Court against Hollywood’s “desperate” petition for a writ of certiorari.
The recent Morpheus / Grokster decision ruled p2p network operators aren’t liable for file sharing acitivies on the part of their users, to the entertainment industry’s deep anger.
Today, the members of the Big Four record label cartel and seven major movie studios, together with a whole slew of adherents, filed briefs in a to-the-max bid to completely overwhelm the owners of the two p2p apps, StreamCast Networks (Morpheus) and Grokster Ltd.
“The filings are designed to support a petition made last month by a coalition of major recording companies and Hollywood movie studios who asked the court to reverse lower court decisions clearing Grokster Ltd. and StreamCast Networks Inc. of liability for their customers’ online swapping of movies and music,” says an Associated Press report, going on:
“In August, the 9th U.S. Circuit Court of Appeals in San Francisco upheld a Los Angeles federal judge’s ruling in a copyright lawsuit brought by the entertainment industry against Grokster Ltd. and StreamCast Networks Inc.
“But that ruling applies only to the states under the jurisdiction of the 9th Circuit. In 2003, the 7th U.S. Circuit Court of Appeals in Chicago upheld a lower court ruling that successfully shuttered the Madster file-sharing service.”
Circuit Judge Sidney Thomas wrote, “The introduction of new technology is always disruptive to old markets, and particularly to those copyright owners whose works are sold through well-established distribution mechanisms.
“Yet, history has shown that time and market forces often provide equilibrium in balancing interests, whether the new technology be a player piano, a copier, a tape recorder, a video recorder, a personal computer, a karaoke machine, or an MP3 player. Thus, it is prudent for courts to exercise caution before restructuring liability theories for the purpose of addressing specific market abuses, despite their apparent present magnitude.”
Among those backing the cartel and studios are:
- The Association of American Publishers
- Screen Actors Guild
- Recording Artists Coalition
- Don Henley
- Joe Walsh
- Stevie Nicks
- Sheryl Crow
- Napster
- MusicNet
- Netflix Inc
- National Basketball Association
- The commissioner of Major League Baseball
Basketball and baseball? Yep. The sports leagues claim programming they license could wind up online without their permission, sapping sales, says AP.
Unnamed licensed online music retailers and labor unions, not to speak of 41 state attorneys general, also submitted briefs, says the report, quoting RIAA (Recording Industry Association of America) lawyer Steven Marks as saying the AGs argued, “file-sharing programs pose risks to consumers, such as identity theft and being unwittingly exposed to spyware and child pornography”.
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See:-
“desperate” petition – Morpheus Grokster battle: II, p2pnet, November 8, 2004
overwhelm – Court Urged to Hear File-Sharing Case, Associated press, November 8, 2004
November 9th, 2004 at 7:33 pm
The picture really sums it up.
Mark
November 10th, 2004 at 12:54 am
# Don Henley
# Joe Walsh
# Stevie Nicks
# Sheryl Crow
If you can’t sell any records, sue the percieved reason. File sharing isn’t the problem. How many people that listen to Don Henly can even turn on a computer, much less download?
–==Praying Hands==–
November 10th, 2004 at 9:42 am
“Yet, history has shown that time and market forces often provide equilibrium in balancing interests, whether the new technology be a player piano, a copier, a tape recorder, a video recorder, a personal computer, a karaoke machine, or an MP3 player. Thus, it is prudent for courts to exercise caution before restructuring liability theories for the purpose of addressing specific market abuses, despite their apparent present magnitude.”
— Impressive foresight. one day we will have to pay… but guys lets not rush into this.
November 20th, 2004 at 12:53 am
Jass,
ink
What are we going to do ? What are we going to do ? I think I have to drop everything and Hope I can get on Fifty or somewhere where you are, I THINK I ACEDENTALLY GOT PICKED OFF ON SOMEBODY ELSES CAMERA AGAIN.
FETTY
November 20th, 2004 at 1:39 am
It has happened to me repeatedly this year and with my mind racing i was meaning to say if I can Get in a sceene of Fifties movie Locked and I do not even know if I can say the name or not, ANYWAY CAN I GET ON. WHAT IF I get to complete a few sound tracks for Fifties Movie, any thing is possable with GOD on my side. Okay J You won the Stunt Double Dare and You said You would collect and I think IT is definatly in our Wings with All of this Research TO TRY and PRODUCE THE CURE, WOMAN. Now I am GONNA need You and without You I wont DO this saying the PREYERS that I have with nobody else, and ALSO WE HAVE TO GET MARRIED AND WE ARE NOT GOING TO NEED ANYTHING ELSE AND IF YOU WANT A DIVORSE AFTER WE FIND THE CURE I WILL LEAVE THAT DECISION UP TO YOU. You might think of me as a scrub until You take the time to get to know Me. That is when You will find out that I am not the kind of guy who rides around in others people’s cars even with or without a drivers liscence I have got my own, and alway have so them holding my Drivers liscence will only force Me to drive without them and run as fast as i can instead of appreciating my driving privilages that i have been without even now for over ten years and never was ever willing to drink and drive not to mention i do not drink any more at all, and I have not for years and no longer have any desires to do so if you buy the acohol or liquar for me it will only sit where you leave it for the years that it will take to go to waste and this is true.