On Thu, 31 Mar 2005 02:41:06 -0800, Andrew P. Lentvorski, Jr. <[EMAIL PROTECTED]> wrote:
The problem is that nobody is trying to solve the whole "Get some money to the artists" problem.
I disagree.
I don't think it's true that nobody is trying to figure out how to get
money to artists, but that the RIAA and ilk are making it difficult to
find new solutions to that problem. And I don't think it's true that
getting money to artists is a problem relevant to RIAA v. Grokster. What's relevant is what the government will recognize copyright
holders as being legally entitled to, and where that leaves everyone
else.
Somebody who was actually trying to do that would make a lot more sympathetic defendant who could actually cry "Foul!" for having been hauled into court.
I agree, but I don't think the case is about sympathy for this particular defendant. Cases don't make it to the Supreme Court because of the individuals involved, but because of all the other people those individuals represent.
-todd
MGM vs. Grokster is no longer about facts. It is about law. It is now not as much about what copyright holders are entitled to as it is about how much technology "enablers" such as Grokster are liable for the practices of the users of their technology.
That some or even virtually all Grokster users routinely trade in copyrighted material to which they have no rights is not in question. The facts of that has already been determined by lower courts. The U.S.Supreme court does not rule on matters of fact but on matters of law.
In short, the court will decide if Grokster (and more importantly, its technology - it's software) has redeeming non-infringing value. That is, does a butcher knife has a substantial legitimate reason to exist outside of it's value as a weapon.
In my opinion, if the court finds for MGM, all programmers should hence forth be considered in the same light as arms manufacturers, inviting calls for software regulation by our ignorant masters. It's that slippery a slope.
--
Best Regards,
~DJA.-- [email protected] http://www.kernel-panic.org/cgi-bin/mailman/listinfo/kplug-list
