8-19-2004 9th Circuit makes unexpected turn and says non-centralized P2P Programs OK
San Francisco-based 9th U.S. Circuit Court of Appeals (news - web sites) said the suppliers of the free peer-to-peer software, unlike Napster (news - web sites), were not liable for illegally swapped music and movies online because they don't have central servers where computer users can access copyrighted material.
Fred von Lohmann, a senior intellectual property attorney for San Francisco's Electronic Frontier Foundation, argued on behalf of StreamCast. He said the firms' software is used to swap live music by Pearl Jam, Dave Matthews and Phish ? songs which the artists have allowed to be freely distributed.
During the hearing, Thomas questioned whether forcing the file-sharing firms to filter copyright content would ultimately do enough to quell file-swapping on the Internet.
"Aren't we just chasing the wind?" Thomas asked.
The case is Metro-Goldwyn-Mayer v. Grokster, 03-55894.
San Francisco-based 9th U.S. Circuit Court of Appeals (news - web sites) said the suppliers of the free peer-to-peer software, unlike Napster (news - web sites), were not liable for illegally swapped music and movies online because they don't have central servers where computer users can access copyrighted material.
Fred von Lohmann, a senior intellectual property attorney for San Francisco's Electronic Frontier Foundation, argued on behalf of StreamCast. He said the firms' software is used to swap live music by Pearl Jam, Dave Matthews and Phish ? songs which the artists have allowed to be freely distributed.
During the hearing, Thomas questioned whether forcing the file-sharing firms to filter copyright content would ultimately do enough to quell file-swapping on the Internet.
"Aren't we just chasing the wind?" Thomas asked.
The case is Metro-Goldwyn-Mayer v. Grokster, 03-55894.
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