p2pnet - rss feed: TorrentSpy takes on the MPAA
p2p news / p2pnet: MPAA owners Time Warner, Viacom, Fox, Sony, NBC Universal and Disney are in essence trying to outlaw the dot torrent file format, says a lawyer representing TorrentSpy.com, one of the sites named in the MPAA’s panicky onslaught against file sharers in particular, and the p2p community in general.
“Apparently, Hollywood is now using the Grokster opinion to sue search engines that do not even link to their copyrighted files,” Ira Rothken tells p2pnet.
Torrentspy will today file a motion to dismiss a federal lawsuit brought by rthe MPAA ((Motion Picture Association of America).
It will among other things argue it doesn’t link to copyrighted works; that it’s cooperated by removing “objectionable links to dot torrent files;” that it doesn’t actively promote copyright infringment,; and, it can’t be held “tertiary” liable for visitors’ conduct that occurs away from its web search engine, says Rothken.
“This is the first case that we are aware of where major Hollywood studios are suing a search engine that does not even link to any files copyrighted by Hollywood,” Rothken told us.
Rothken also acted for Eric Parke who sued MPAA brother organization the RIAA when it tried to get its customers to incriminate themselves through its spurious Clean Slate Program.
Also See:
panicky onslaught - MPAA launches massive attack, February 24, 2006
Clean Slate - RIAA sued over Amnesty offer, September, 2003
March 27th, 2006 at 5:01 pm
let’s see how this one goes…
www.beatking.com
March 27th, 2006 at 8:43 pm
If linking to things that like to other things is illegal because it helps a user find a way to get at movies, by the same logic wouldn’t advertising of DVDs be illegal, too? Advertising a DVD tells a user where to get a copy of the copyrighted content, and once that user has a copy, he can rip it, post it, torrent it, or whatever. Is it also illegal to tell your friend you have a DVD and let them borrow it without knowledge of what they might do to it while in their possession?
And as for the RIAA: Boys, if you don’t want people to get access to your music free, take it off the damn radio! Who hasn’t taped songs off the radio? Every broadcaster is making songs available for FREE DOWNLOAD! Outlaw broadcasting of music NOW!
March 27th, 2006 at 10:04 pm
The MPAA should go all the way and get an injunction in place that stops people downloading anything. Okay, so we won’t be able to view web pages, recieve email and the like, but the MPAA’s precious IP will be largely safe from harm, and let’s face it, protecteg IP from abuse is the Number One priority for all citizens, film piracy is going to end civilisation as we know it!
Ahem, so I’m being a bit daft, but really, MPAA, RIAA, don’t you get it, strong-arm tactics and trying to nobble perfectly legitimate technology because it MIGHT harm your business is no way to get the people who pay your wages on your side. Just a thought.
March 28th, 2006 at 12:55 am
With the logic TorrentSpy uses (which seems pretty sound), the MPAA might as well go after google because you can use google to search for movies torrents too.
March 28th, 2006 at 1:19 am
I think the sentence
“It will among other things argue it doesn’t not link to copyrighted works”
should be
“It will among other things argue it doesn’t link to copyrighted works”
The double negative sounds like they’re working for the prosecution!
March 28th, 2006 at 5:31 pm
Clean Slate Program? Ha, that lasted about as long as the All-You-Can-Eat Buffet for Oprah. Says here, that it’s no longer necessary since they’re winning the war on Piracy. Just like the war on Poverty, Drugs and of course, Terrorism.
Clean Slate Program
“Launched in September 2003, this program provided individuals who may have committed copyright infringement with an opportunity to avoid litigation supported or assisted by the RIAA for infringing acts on the condition that they refrain from future infringement. Public awareness about the illegality of unauthorized uploading and downloading on peer-to-peer networks has increased dramatically since the inception of the program. As a result, the program is no longer necessary. Those who have signed up for the Clean Slate Program will continue to enjoy its benefits. For all others, the easiest and simplest way to avoid being sued for infringement on peer-to-peer networks is to stop engaging in this illegal conduct.” http://www.riaa.com/issues/cleanSlate.asp
March 28th, 2006 at 8:14 pm
Memorandum of Points and Authorities in Support of Defendants’ Motion to Dismiss for Failure to State a Claim [Rule 12(b)(6)] (27 Mar 2006)
http://www.techfirm.com/mtdtorrentspy.pdf