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IP: Aimster vs. the recording industry: [risks] Risks Digest 21.42


From: David Farber <dave () farber net>
Date: Sat, 26 May 2001 05:58:13 -0400



Not to worry, they will get the law changed djf


Date: Mon, 21 May 2001 08:33:35 -0700
From: "NewsScan" <newsscan () newsscan com>
Subject: Aimster vs. the recording industry

The recording industry may be hoisted on its own petard if the Napster-like
music swapping service called Aimster is successful in its legal strategy
against the Recording Industry Association of America (RIAA). Unlike
Napster, Aimster (which has no central servers to maintain and leaves users
individually responsible for their actions) encrypts transmissions, and so
there is no way for the RIAA or any other outside party to distinguish
between files which are in compliance with copyright law and those that
infringe on it. Of course, RIAA could simply decrypt the files -- but then
it would be in violation of the Digital Millennium Copyright Act (DMCA), a
law that it strongly supports, and that makes it a criminal offense to
circumvent encryption protection of copyrighted material. (*The New
Republic*, 21 May 2001; NewsScan Daily, 21 May 2001;
  http://www.tnr.com/cyberlaw/babbitt051101.html

  [NB: Correct English usage is: "hoist with one's own petard" (victimized
  or hurt by one's own scheme) (Webster via PGN)]



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