Mmmm, I didn't say the RIAA had a pretty good legal position, I said when
you download music when you don't own the copyright in the original you're
making an infringing copy. So yes I agree with you, Napster isn't making
any illegal copies, it's the private consumer that logs on that makes the
illegal copy. Unfortunately for the RIAA (and for Napster, probably...),
the private consumers aren't worth suing (what do you apply for - an
injunction to prevent 20,000,000 internet users from logging on? damages
claims against 14 year old girls downloading backstreet boys hits?).
However, I would imagine Napster's appeal will concentrate on this point.
Interesting...
richard
-----Original Message-----
From: Matthew Wall [mailto:[EMAIL PROTECTED]]
Sent: Monday, 31 July 2000 3:39 p.m.
To: [EMAIL PROTECTED]
Subject: Re: MD: Napster viewpoint
>
> Dan Frakes is just stating the legal position, pretty accurately as far as
I
> can see. Downloading stuff (old, new, available, unavailable) you don't
> already "own" [are licensed to use] legally is illegal. Even subsequently
> going out and buying the CD doesn't make it legal either,although it may
> well ease your conscience! Whether you personally think it's right or
wrong
> is up to you.
ok, being a lawyer like you said, this may be an interesting question for
you. You say that they have a pretty good legal position. from where i
stand napster the company should be in good shape and the person actually
downloading stuff would be the bad person. they dont actually provide the
music or transfer it, they just have a means of communicating with others.
if this is the case and napster really is bad, then IMO every software
company that makes and ftp/irc/newsreader/e-mail client/web browser should
be afraid of legal action taken against them because they would be providing
a conduit for illegal activity. so my question stands who actually is
commiting the crime. napster who isn't transfering anything or the person
actually downloading and transfering the copyrighted files?
-----------------------------------------------------------------
To stop getting this list send a message containing just the word
"unsubscribe" to [EMAIL PROTECTED]
-----------------------------------------------------------------
To stop getting this list send a message containing just the word
"unsubscribe" to [EMAIL PROTECTED]
