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Grokster/Morpheus Hearing Recap

TrentC writes "An article in The Mercury News reports that Senior Judge John T. Noonan, hearing arguments in the Morpheus/Grokster case (yes, it's still going!), scolded one of the attorneys for the recording industry for 'using abusive language' in referring to P2P networks as 'trafficking in pirated goods'. Noonan also questioned, in response to a claim that a study showed that 90% of the 750 million files shared on Morpheus was illegally distributed files, if the other 10% -- consisting of public-domain works, recordings of public performances and works where the copyright holders have granted permission -- consisted of enough non-infringing use to meet the criteria set forth in the famous Betamax decision. Maybe 2004 will be 'The Year The Courts Get It Right'?" We mentioned this hearing a few days ago. The EFF has audio of the hearing and case documents available. Since this case will likely decide the general legality of P2P services, it could be quite important.

11 of 170 comments (clear)

  1. Gar, me don't see the abuse by gripdamage · · Score: 0, Funny

    Ahoy, what is so bad about bein' called a pirate, I want t' know? Besides callin' thin's waht they aren't is pratically the national pastime nowadays. Now where can I find a bottle o'rum?

  2. Audio of Hearing by Anonymous Coward · · Score: 0, Funny

    The EFF has audio of the hearing and case documents available

    Can I get the audio of the hearing on Morpheus?

    1. Re:Audio of Hearing by Anonymous Coward · · Score: 1, Funny

      Can I get the audio of the hearing on Morpheus?

      Yes, but only if you also download nine RIAA songs to maintain the official balance.

  3. Re:If you really want to support... by aug24 · · Score: 5, Funny
    Imagine what Ben Franklin, Einstein, or Mozart could have done with such a resource.

    Ignored it in favour of the excellent porn now available?

    Justin.

    --
    You're only jealous cos the little penguins are talking to me.
  4. I consider myself... by Anonymous Coward · · Score: 1, Funny

    more of a Privateer.

    For the good of the country I keep what I find. And sometimes masturbate to it.

  5. Re:If you really want to support...(humour) by CdBee · · Score: 1, Funny

    "All of humanity's creative capacity available for free use at the click of a button. Imagine what Ben Franklin, Einstein, or Mozart could have done with such a resource."

    Yeah, but just think how many copies of the Declaration Of Independence there'd be, and then all the ones with other peoples signatures photoshopped on, and the people downloading Declarations for a living and printing and selling them on the black market....

    It wouldn't be good.

    --
    I have been a user for about 10 years. This ends Feb 2014. The site's been ruined. I'm off. Dice, FU
  6. Since SCO is blocked... by IchBinDasWalross · · Score: 0, Funny

    SCO.com is blocked by Google as a top result for "Litigious Bastards", I have a viable alternative:

    Litigious Bastards.

    --
    Mod "Overrated" instead of replying "I disagree with you," you coward.
  7. Re:90% as measured how? by LordK2002 · · Score: 5, Funny
    How many legal files within the container Linux ISO?
    None, according to SCO.

    K

  8. Re:Not quite. by phalse+phace · · Score: 5, Funny

    But Windows *is* the most secure operating system. My old Windows ME box is proof. The system has *never* had any problems, security issues, crashes, BSODs, etc. It's right here, sitting quietly in my closet with all my other junk, isolated from any and all power outlets and outside reaching lines. I've never imagined Windows being so pleasant.

  9. Re:it will never end by Oliver+Wendell+Jones · · Score: 4, Funny

    The distinction, however, is that these networks are designed specifically with the intent to facilitate copyright infringement. Or atleast, so goes the RIAA's argument.

    Statements like this are like saying that "cars that can go faster than 65 MPH are intended to facilitate unsafe driving speeds and should be banned" or "knives that can cut through flesh, whether its dead cow or live human, are intended to facilitate the killing of people and should be banned"

    Now, I willingly admit that I haven't read the history, background and FAQ of every P2P system in existence, but I have yet to see one with a home page that reads "Hello and welcome to the home page of KAZAA-GROKSTER-MORPHEUS-EDONKEY-NAPSTER-BITTORRENT - The most popular client written from the ground up to facilitate the illegal sharing of other people's copyrighted materials without their consent!!!!"

    --
    A computer once beat me at chess, but it was no match for me at kick boxing -- Emo Phillips
  10. Re:90% (C)'d, but what about unauthorized? by commodoresloat · · Score: 2, Funny
    For example, Phish and Dave Matthews Band have been mentioned in some articles as giving their general OK to concert recordings being available on file-share services..... So do they fall into the RIAA's 90%? Or the remaining 10%?

    Neither. They're only counting files that people actually want to download.