Tuppenceworth.ie: MVM v Grokster
Fergal has a very readable essay on the MGM v Grokster on Tuppenceworth.ie today. He explains the kinds of things that are being contested in the US Supreme Court case, and gives a bit of historical background to the previous legal decisions in the same area. At stake, essentially, is the question of whether inventors can be held responsible if the useful gizmo they come up with (photocopier, VCR, iPod, BitTorrent, biro) turns out also to make it easier to breach copyright.
And therefore whether we ever get to use any of these potential future gizmos legally.
And therefore whether we ever get to use any of these potential future gizmos legally.
1 Comments:
It is interesting that Sony haven't put their two cents in with an action to prevent file sharing - particularly given that through their ownership of Sony Music and large share of Universal Viviendi Sony probably have a larger stake in the protection of copyright than MGM. As I write I can't remember if MGM is part of AOL/Time-Warner or if Ted Turner (Mr CNN) still has control of the studio.
Perhaps the position of Sony is informed by their previous experiences with litigation (the betamax litigation that Fergal refers to), or perhaps it is more to do with Sony's positioning in diversified industries that allow it to see the 'bigger picture' here. Sony make everything from Laptops to DVD-Writers, movie studios, record labels (including CBS if memory serves) and beyond and perhaps they are taking a view that what is taken with on hand is given back with another?
Given Time-Warner's bad experiences with 'new media' in their purchase of AOL (which they are now desperately trying to off load) more traditionally focussed media houses may simply be taking a 'kill it' approach compared to Sony's apparent 'nurture it, buy it, own it' approach of the past 20 years or so in media.
Of course, the fact that the file-sharers have (up to now) been slow to introduce any process to prevent the spread of viruses and spyware/malware through their networks is a concern that needs to be addressed (my pristine laptop was screwed over by spyware & viruses that came down from bittorrent a fortnight ago which I am still trying to get cleaned off) - and perhaps that is part of the US Government's submission?
As for the contention that file-sharing networks are using the copyright assets of others as effectively their start-up capital, this is possibly a valid point. However, by that logic every dodgy covers band that graces the stage in University Battle of the Bands is likewise guilty and should be taken to task (quite apart from being taken in for questioning as to their movements on the day the music died).
Certain balding Irish Comedians (and I use the word 'comedian' loosely) would also fall foul of the MGM argument if my recollection of a performance in UCD in the late 90's is still strong. I paid to see comedian A and sat through an act made up of approx 50% Billy Connolly material regurgitated verbatim.
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