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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.
Looks like a skeptical 9th U.S. Circuit Court of Appeals panel pressed the lawyers to defend their contention that file-sharing services should be stripped of the protections afforded technological innovation by the U.S. Supreme Court
I hope that the courts just let it go. And even if they do stop every single p2p network out there, someone else will start a new one, and people will share files over everything, heck even aim can be used. They will never be able to stop it. And for starting musicians, such as myself, it is awesome to get that kind of exposure so easily by spreading files on p2p networks.
When I see the figure that 90% is illegal, I have to wonder, is that 90% as individual items are counted? Or 90% by file volume?
When I run searches on P2P networks, there are a lot of porn videos advertising websites that are available, presumably legally. If there are 100 porn advertising videos that take up the space of one copy of Lord of the Rings, would the people that generated this statistic say that the content is 50% legal and 50% illegal? Or would they say that roughly 1% (1 video out of a total of 101) is illegal?
"90% of files transmitted were copyrighted files."
Does that percentage include traffic to Canadian computers, where such downloads are legal?
Does that percentage account for people who own the songs they are downloading in some other media format?
Does that percetage account for people who tried to download a song but got a RIAA-hijacked song instead?
What a waste of resources. They are playing at a very losing game. Before Napster there was always IRC, usenet, and FTP -- those are still there. After Napster came Morpheus/Grokster, which may/may not be left alive. But already the file sharing community has moved past into DirectConnect hubs, bit torrent, private WASTE networks, etc. Why do they even bother anymore?
"The market alone cannot provide sufficient constraints on corporation's penchant to cause harm." -- Joel Bakan
While that may help, it might be like saying Microsoft Windows is the most secure operating system among the average end user, or that Bob is more technologically astute than Bill because Bob can open a Dos prompt, and Bill has never used anything other than IE.
They say 90% of the material is copyrighted, but the statistic should rather be the percentage of copyright material that's unauthorized.
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. These recordings are copyright of the respective performers. So do they fall into the RIAA's 90%? Or the remaining 10%?
The One Rule Of Chess You'll Ever Need: Don't play someone who carries a kit in their bookbag.
Post and share as much public domain and open source info/data as you can get your hands on. Label it as such, so everyone knows that it can be downloaded without legal ramifications. We have yet to fully demostrate the greatest benefit of P2P: 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.
They are thus looking for an indication that at least a marginal percentage of usage is legal or non-copyright infringement use.
What I found interesting was the quote "One academic study found that 90 percent of the content exchanged on file-sharing networks is copyrighted, Frackman noted."
Personally, I'm amazed its not closer to 100%. That still doen't mean infringement. After all, isn't Linux copyrighted, and aren't I allowed to share it via a PtP network if I want?
So, IMO, the question isn't what percentage is copyrighted vs. public domain, but what percentage of it constitutes infringement?