Word: copyright
(lookup in dictionary)
(lookup stats)
Dates: during 2000-2009
Sort By: most recent first
(reverse)
...downloads are conducted between users, and the files--any file can be shared, not just mp3s--will never pass through the OpenNap system. These servers, which differ only slightly from Web search engines like AltaVista or Google, are now in danger of being shut down under accusations of "contributory copyright infringement"--of being punished for using names resembling "Napster...
...doctrine of contributory infringement is one unique to the copyright code. Refusing to stop illegal activity when you have a financial interest in it is known as "vicarious" infringement, and Napster was probably guilty of that too. But anyone who encourages or assists in the violation of copyright can be guilty of contributory infringement, a label that may become a dangerous catchall...
...more illegal than the Windows "copy file" function. Beneficial, content-neutral technologies can easily be hijacked by pirates who find them useful, but they should not be banned for that reason alone. Otherwise, VCR's and tape decks would have been banned long ago for contributing to copyright infringement--as they almost were until the Supreme Court stepped in. Even if their manufacturers knew what the devices would be used for, the capability of non-infringing use is stillkey. After all, in the electronic world, a test of intent becomes meaningless; the encryption program written to protect human rights activists...
...imposing these costs, both the trial court and the Ninth Circuit neglected to address what was Napster's most serious argument--that publishing a directory is a protected act of speech. Copyright laws and the First Amendment often seem to conflict--publishing a book or recording a song are expressive acts --but their conflicts are normally addressed by "fair use" exemptions, which allow for portions of copyrighted works to be quoted or commented on. Downloading copyrighted music is not fair use, and so the Napster courts saw no need to address Napster's other First Amendment concerns...
Will this solve all of Napster's problems? Not by a long shot. There is still a major technology issue. The appeals court wanted Napster to develop a way of sorting through the music files and identifying the ones that are copyright-protected. It's in the works, says Barry. This traffic cop, he says, will most likely examine file names and check them against the titles of protected songs. The court, however, recognized the limits to Napster's ability to police its site...