Slashdot Mirror
Kazaa Betamax Defense, Reports From The Courtroom
The Hobo writes "CBC is reporting that Kazaa, mentioned in a previous Slashdot story has mounted the 'Betamax defence.' The prosecution claims Sharman Networks does not enforce their agreement which stipulates users cannot share copyrighted material." Also following the case, Dan Warne writes "Australia's APC magazine is publishing a daily blog from the Kazaa trial proceedings in Sydney's Federal Court. It has some details not reported elsewhere, like the music industry piracy investigation chief apparently losing a $100 bet on the first day of the trial. More seriously, blogging journalist Garth Montgomery says the court heard evidence that Kazaa's software already had the ability to block copyrighted tracks built in, despite Sharman's protestations to the contrary."
Sony v. Universal, more commonly known as the Betamax decision. The key points of the Betamax decision are:
1. [The] noncommercial home use recording of material broadcast over the public airwaves [is] fair use of copyrighted works and [does] not constitute copyright infringement
2. [The law] does not support [...] theory that supplying the "means" to accomplish an infringing activity and encouraging that activity through advertisement are sufficient to establish liability for copyright infringement
3. The sale of copying equipment, like the sale of other articles of commerce, does not constitute contributory infringement if the product is widely used for legitimate, unobjectionable purposes, or, indeed, is merely capable of substantial noninfringing uses.
4. [U]nauthorized home time-shifting of [television] programs is legitimate fair use
The last point is the key one here: EVEN IF the copyright holder does not authorize you to make a copy for your personal use, you are STILL legally entitled to do so.
Copyright is NOT an absolute monopoly on the duplication of a published work -- no matter how they whine, the copyright cartels cannot deny you your LEGAL fair use rights.