Entertainment Industry Loses in Web Case
The link above points to the NYTimes’ article on yesterday’s ruling that Streamcast and Grokster are not in violation of copyright violation for distributing file sharing software.
It is interesting that federal judges have previously ruled against file sharing software, but that this judge understood the difference between these systems and Napster. As someone at the ETCON this past week said, “Architecture is politics,” which I really didn’t get until this piece of news. Since, unlike Napster, these systems have no central server that can control which files users are being traded (including non-copyrighted works), the judge ruled they cannot be held liable for what users of their software do, much like Sony and its 1984 case on the VCR.
The downside is, the media companies will start to sue individual users.
Fundamentally, it’s clear that these companies will do anything it takes to defend their business – distributing and marketing artists’ creations. The technology trend is obvious, though, that file sharing is a far more powerful way of distribution than retail stores (at least for those that have Internet connections), and that, like word of mouth, individual distribution will be more prominent in the future. Of course, artists should still be paid for their work, and will if the distribution systems are worked out right.
It will be interesting to see what Apple announced next week on the 28th. The rumor mill expects a $1 per song download system for Mac users.
One thing I really took out of the the conference last week – there is alot to know about the DMCA and EFF’s efforts there. Time to read up!