Question about P2P

Discussion in 'Legal Issues' started by gray929, Aug 13, 2008.

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  1. #1
    I was just reading an article of the music industry suing people for "stealing" music by using P2P programs such as Limewire. How come they are being held liable for downloading it and not Limewire for hosting the content?

    Have no legal exp. so am clueless :p thx for the help.
     
    gray929, Aug 13, 2008 IP
  2. Nigel Lew

    Nigel Lew Notable Member

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    #2
    Nigel Lew, Aug 13, 2008 IP
  3. Nigel Lew

    Nigel Lew Notable Member

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    #3
    and the music industry can blow it out their ass.
    Nigel
     
    Nigel Lew, Aug 13, 2008 IP
  4. gray929

    gray929 Banned

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    #4
    I meant to say they "house" the files. When I search for a song a bunch of files pop up courtesy of them.


    I appreciate the kindness though.
     
    gray929, Aug 13, 2008 IP
  5. Nigel Lew

    Nigel Lew Notable Member

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    Nigel Lew, Aug 13, 2008 IP
  6. DeenaEsq

    DeenaEsq Peon

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    #6
    Gray929,

    The reason that LimeWire isn't in trouble is that they don't actually "host" any of the files on their servers. They merely provide a conduit for file sharing between individual users. The files that are downloadable are actually housed on individuals' computers and are shared directly with the downloaders. Because they don't "host" the files, they have no duty to police the network for infringement. (see A&M Records v. Napster).

    In a later case (MGM v. Grokster), the Supreme Court discussed how a software company creating P2P software might be held liable for "copyright inducement liability". There's an excellent discussion of the cases and what P2P companies are doing now to avoid liability here: http://www.eff.org/wp/iaal-what-peer-peer-developers-need-know-about-copyright-law

    Let me know if you have other questions...

    Deena
    _____________________________________________________________________
    Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
     
    DeenaEsq, Aug 14, 2008 IP
  7. gray929

    gray929 Banned

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    #7
    Thank you Deena and everyone else for clearing this up for me. I will check out those links.
     
    gray929, Aug 14, 2008 IP
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