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Making Files Available Breaking the Law?
lordhathor2001 writes "The RIAA has argued in one of their cases that simply "making files available for distribution" violates copyright laws. This means that regardless of the legality of a file somebody has on their computer, just putting it in a shared files folder that can be accessed by other people is illegal. Although it's asinine, it really shouldn't come as any surprise given the RIAA's legal campaign that's more about what it believes than what the law actually says."
oh, guess i better take the music I'VE made (which is free and legally distributable) out of there too, because i guess I (the owner of said music) have broken the law, too.
Show this to your friends and family that don't know what a real hacker is
Could Slashdot at least wait until there's actually some proof before posting this crap?
How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
Yes. If the website with the copywritten material didn't have permission to post / republish it, it's obviously illegal. That's uncontroversial, and not what the issue here is about.
Essentially, what the RIAA is trying to do is eliminate the line between making something available for distribution, and actually distributing it. That is, right now there's a distinction between offering something that's not yours, and actually going through with it and transferring the property-that's-not-yours to somebody else. At least as I understand it, currently no crime is committed until the transfer actually occurs. I could have ten million MP3s on an FTP site, and as long as all anyone does is browse the directories, no harm done. When somebody downloads one, I'm in trouble.
What's new is that they want to make putting a copyrighted file into a shared folder (or FTP site, whatever) an act of distribution, in and of itself, regardless of whether anyone actually takes you up on the offer and downloads/transfers the copyrighted file.
It makes a certain twisted kind of sense, since putting the file into the folder is the only action that the sharer actually takes -- therefore, it's demonstrative of their intent (to redistribute).
I'm not sure that I agree with this, but I'm willing to play along for a moment, because I think this line of thinking could lead to strange places. I tend to wonder, if this actually became accepted, whether it wouldn't move the liability for copyright infringement from the downloader, to the sharer/provider. I.e., if you downloaded something from somebody else's shared folder, you'd begin to have a bit of a defense that you thought it was legal, because it would be illegal for them to put anything in the shared folder that wasn't authorized. It's basically a movement of responsibility.
And this, I think, is why the RIAA is so interested. It's difficult to track down the myriad individuals that download content, but it's relatively easy to track down the people that are sharing or seeding content. By moving the legal burden onto them, rather than on the downloaders, it gives them a much stronger hand. It's no longer necessary for the RIAA to prove that somebody downloaded a particular file from your computer, just that you offered it up for that purpose.
Like I said, it makes a twisted kind of sense.
"Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
Technically, any creative work is copyrighted. If I write some code, is it illegal for me to put it into a shared folder? What if I write it, like most employed coders, as work for hire, such that my employer owns it? Have I broken the law by putting in a shared folder? Have I broken the law by uploading it to a publicly read-able CVS repository?
Hey, my briefcase has a copyrighted book in it. I accidently left my briefcase open, next to copy machine, where anybody could have made copies of that book. Am I guilty of illegal negligence, or am I just a straight up "thief"?
I own a bunch of copyrighted books. There's a Kinkos down the street. Is it illegal for me to leave my front door open? Can I put my books on the porch? Can I lend one to my next door neighbor, or is any of that illegal too?
This is a bizarre criminalization of mundane, innocent, and customary activities, solely intended to create a climate of fear.
More and more, our every-day right to "pursue happiness" is being taken away by those who profit by making us fear.
Look, I agree, the record companies have a right to copyright. But Americans have a right not to live in fear. We've got thousands of people living in fear in order to provide fancy cars and three houses each for a few record company execs. It goes too far.
It's time for all of us to draw a line in the sand, and say we won't live in fear anymore. America's turning into Orwell's worst nightmare, the dirty drab gray life of a rat hiding in the shadows to avoid the stomping jackboots.
If this bullshit is "safety" from "the terrorists" I don't want to be safe anymore.
If living in fear is the cost of listing to the latest boy band from Sony, it's not worth it anymore.
It's time for Americans to get up on our hind legs like men and tell the fear-mongers that we've had it with them.
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