RIAA, MPAA Ask High Court To Review P2P Decision

The Hobo writes "It's official: Hollywood studios and record companies on Friday asked the United States Supreme Court to overturn a controversial series of recent court decisions that have kept file-swapping software legal." (Previous /. coverage here.)

Comments

INDUCE Act

[PigeonGB]

The INDUCE Act is related and should be a concern as well. Check out http://www.eff.org for more info on this bill making its way through the Senate.

Re:It might get heard.

[dgatwood]

The 9th circuit is also the circuit that most frequently gets reviewed by the Supreme Court, largely because they see the most cutting-edge, controversial cases. In terms of overturned cases, though, only about 51% get overturned, about the same as almost every other circuit. Thus, you might make the argument that it is the most overturned court because their rulings are "wacky", but you would be wrong.

In fact, as a percentage of total cases reviewed, the 5th circuit (Texas/Louisiana/Mississippi) is the most overturned circuit, not the 9th, coming in at about 60% of heard cases overturned.

Re:Pro-copyright arguments - do they hold water?

[gbnewby]

A good question is whether shared items are copyrighted, and if they are whether they're licensed for redistribution (as is often the case for individual artists & writers), and if they are copyrighted and not licensed does the RIAA/MPAA legally represent the copyright holder (if not, it's MYOB under Title 17 U.S.C.).

Project Gutenberg contributed an amici brief with Prelinger & the Internet Archive. We welcome the opportunity to show how the use of p2p for legitimate copyright-free works has grown since we wrote the brief (and it was large then, already).

With the help of Magnetlinks (an open standard), all of the Gutenberg content is now available for direct download to enabled p2p programs via the Gutenberg search page. This is very cool, and helps our free eBooks to get around. If you use p2p software, consider sharing Project Gutenberg content in your "shared items" location.

On a somewhat different note, to anticipate a frequent /. contribution: it is still quite unclear whether individual readers (or listeners) violate copyright when they view/read an item for personal non-commercial use in many situations. For example, if you own a print copy of Orwell's 1984 and are in the US (where it's still copyrighted), is it legal for you to view the online copy of 1984 from Project Gutenberg of Australia? Or, if you are in Holland, can you view James Joyce's Ulysses from Project Gutenberg even though it still has copyright protection in life+70 countries? What if you already own a copy of the book? The core issue, yet to be decided for any media I can think of, is what happens when you purchase an "item" - did you purchase a right to use the item in various forms, or some piece of plastic or dead tree? The MPAA/RIAA & like-minded companies want all the benefits, so that if you lose your dead tree you need to buy another one (because you don't have the rights to the intellectual creation, just the crud it was printed on), but if you want to put a CD on your MP3 player you can't (because you own the piece of plastic, not a license to the music). The intersection between fair use, licensing and Title 17 (particularly the DMCA extensions) has not been addressed fully, and overlaps with issues like the applicability of EULAs. There's lots of work yet to be done.