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To: shadowman who wrote (42686)8/19/2004 5:47:24 PM
From: hcm1943  Respond to of 110653
 
thanks, just got SP2 and was going to ask everyone what to do



To: shadowman who wrote (42686)8/19/2004 10:46:45 PM
From: shadowman  Respond to of 110653
 
Court Rules Some File-Sharing Companies Are Not Liable
By THE ASSOCIATED PRESS

Published: August 19, 2004

Filed at 8:21 p.m. ET

SAN FRANCISCO (AP) -- The makers of two leading file-sharing programs are not legally liable for the songs, movies and other copyright works swapped online by their users, a federal appeals court ruled Thursday in a stinging blow to the entertainment industry.

Among other reasons, the 9th U.S. Circuit Court of Appeals said Grokster Ltd. and StreamCast Networks Inc., unlike the original Napster, were not responsible because they don't have central servers pointing users to copyright material.

``In the context of this case, the software design is of great import,'' Judge Sidney R. Thomas wrote for the unanimous three-judge panel, which upheld a lower court ruling that dismissed the bulk of the lawsuit brought by movie studios and music labels.

The panel noted that the software firms simply provide software that lets individual users to share information over the Internet, regardless of whether that shared information was copyrighted.

``The technology has numerous other uses, significantly reducing the distribution costs of public domain and permissively shared art and speech, as well as reducing the centralized control of that distribution,'' Thomas wrote.

The entertainment industry could appeal to the U.S. Supreme Court.

(more)

nytimes.com