P2P applications
UpwardThrust
29-03-2005, 19:54
Should P2P software companies be held responsible for copyright infringement that takes place using the software?
Current incarnations of P2P applications do not handle the data AT ALL
The work more like a phonebook then any actual transportation
It is like suing a phone book company because I used it to contact another person who then sold me an illegal gun … it is the PERSON not the directory you should have an issue with
(current suit going on http://news.yahoo.com/news?tmpl=story&ncid=738&e=1&u=/ap/20050329/ap_on_go_su_co/scotus_file_sharing)
Drunk commies reborn
29-03-2005, 20:01
If you own a bar that's used by cocaine dealers to sell their wares on the weekend you are liable to lose your New Jersey liquor license and have your bar shut down. If the P2P sites are playing host to illegal activity then I think it's probably quite legal to shut them down as well. I'm not sure whether they should be sued though.
Grave_n_idle
29-03-2005, 20:05
If you own a bar that's used by cocaine dealers to sell their wares on the weekend you are liable to lose your New Jersey liquor license and have your bar shut down. If the P2P sites are playing host to illegal activity then I think it's probably quite legal to shut them down as well. I'm not sure whether they should be sued though.
But is it 'fair' to treat cyber-space, as though it were a real (solid) venue?
A bar can physically check drugs on the door - which are illegal merchandise.
Even if you ALLOWED the P2P provider to 'search' people's harddrives (which would be a major privacy issue), they might well STILL have legitimate licensing for any product they have on their machine.
Could a bar lose it's license because one customer sold black-market tapes?
UpwardThrust
29-03-2005, 20:05
If you own a bar that's used by cocaine dealers to sell their wares on the weekend you are liable to lose your New Jersey liquor license and have your bar shut down. If the P2P sites are playing host to illegal activity then I think it's probably quite legal to shut them down as well. I'm not sure whether they should be sued though.
They are not hosting ... none of the data is ever "in" the server ... the content never touches them
it is closer to a phone book then a bar
(not to mention the difficulty filtering out such content ... inpossible in the long run)
Should Ford be held liable if someone driving one of their cars hits a pedestrian?
Drunk commies reborn
29-03-2005, 20:08
They are not hosting ... none of the data is ever "in" the server ... the content never touches them
it is closer to a phone book then a bar
(not to mention the difficulty filtering out such content ... inpossible in the long run)
In that case, fuck it. No they shouldn't be held responsible in any way.
UpwardThrust
29-03-2005, 20:08
Should Ford be held liable if someone driving one of their cars hits a pedestrian?
Or caterpillar be liable if someone bulldozes over a protester :P
Grave_n_idle
29-03-2005, 20:09
Should Ford be held liable if someone driving one of their cars hits a pedestrian?
An interesting parallel... since the car is not 'intended' for that purpose, and the same assertion is made by the P2P host.
But - of course, all the big money in this game is stacked against the P2P host...
UpwardThrust
29-03-2005, 20:10
In that case, fuck it. No they shouldn't be held responsible in any way.
Cant tell if it is sarcastic or not lol
But old p2p’s like napster physically handled the content before forwarding it … the new generation like kazaa or ares or the others dont
Grave_n_idle
29-03-2005, 20:17
Cant tell if it is sarcastic or not lol
But old p2p’s like napster physically handled the content before forwarding it … the new generation like kazaa or ares or the others dont
I still think it is outstretching 'fairness', even on Napster - since it implies that the system is created SOLELY for the purpose of illegal file-transfer.
The assumption is made before examination of evidence, that any given file is being used outside of it's copyright allowances.
Drunk commies reborn
29-03-2005, 20:18
Cant tell if it is sarcastic or not lol
But old p2p’s like napster physically handled the content before forwarding it … the new generation like kazaa or ares or the others dont
Nope, not sarcastic. I'm actually convinced that my original position was wrong.
UpwardThrust
29-03-2005, 20:19
I still think it is outstretching 'fairness', even on Napster - since it implies that the system is created SOLELY for the purpose of illegal file-transfer.
The assumption is made before examination of evidence, that any given file is being used outside of it's copyright allowances.
Yeah but at least they had a case ... napster handled the data
In this case your ISP should be just as liable for the data transmited over its leased lines
Grave_n_idle
29-03-2005, 20:25
Yeah but at least they had a case ... napster handled the data
In this case your ISP should be just as liable for the data transmited over its leased lines
Indeed - if they are going to argue that the P2P host is liable for 'illegal data transfer'... they should have to apply the same logic to ISP's and even to the hard-tech... the cable or phone-line, for example.
In fact - since Microsoft creates technology that can be used to illegally transfer data, relying on the consumer to 'keep it legal'... if the court finds against the P2P hosts - they should ALSO have to apply the same 'logic' to Microsoft...
(At least the cloud would have a platinum lining!) :)
UpwardThrust
29-03-2005, 20:32
Indeed - if they are going to argue that the P2P host is liable for 'illegal data transfer'... they should have to apply the same logic to ISP's and even to the hard-tech... the cable or phone-line, for example.
In fact - since Microsoft creates technology that can be used to illegally transfer data, relying on the consumer to 'keep it legal'... if the court finds against the P2P hosts - they should ALSO have to apply the same 'logic' to Microsoft...
(At least the cloud would have a platinum lining!) :)
Not to mention the protocall designers such as ftp and http which are used to transmit data
Grave_n_idle
29-03-2005, 20:40
Not to mention the protocall designers such as ftp and http which are used to transmit data
Indeed. But I'd just love to see spanners thrown in Microsoft's works... :)
UpwardThrust
29-03-2005, 20:42
Indeed. But I'd just love to see spanners thrown in Microsoft's works... :)
As much as I hate them people are too computer illeterate to not have one "main" type of software
If microsoft leaves there will just be another one serving to the web browsing,idiot public
Grave_n_idle
29-03-2005, 20:48
As much as I hate them people are too computer illeterate to not have one "main" type of software
If microsoft leaves there will just be another one serving to the web browsing,idiot public
Hey! I AM the web-browsing, idiot public!
I resemble that remark!
I just hate the way Microsoft monopolises the market - because they are now so-much-bigger-than-God.
Like - repackaging Windows, with all the functionality taken out... or making the Office kit a really expensive 'bonus' version.