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more on Music Industry Confronts New Internet Swap Threats; Netherlands court ruling provides legal protection for P2P
From: Dave Farber <dave () farber net>
Date: Tue, 04 Mar 2003 09:25:40 -0500
------ Forwarded Message From: Erik Huizer <Erik.Huizer () nob nl> Date: Tue, 04 Mar 2003 14:49:49 +0100 To: dave () farber net Subject: Re: [IP] Music Industry Confronts New Internet Swap Threats; Netherlands court ruling provides legal protection for P2P Feel free to distribute to IP. Dave, A late reaction since I was away for a few days. I was involved in the appeals case of KaZaA vs BUMA (Dutch equivalent of RIAA) as one of the two expert witnesses. The case was specifically about wether KaZaA could be held responsible for what users did with its software. I explained to the judges that if they acknowledged that, they would have to very clearly indicate where the responsibilities for innovators and softwaredevelopers start and end. Otherwise no one would like to develop new products anymore, as you stand a chance of being sued for someone doing something illegal with your product. As an example I indicated that news was also used a lot to swap illegal audio and video content, and we were not suing Microsoft for having created Outlook Express. in short the case was very much about preventing a wrong verdict that would stiffle innovation. It is certainly not a case for go ahead and freely exploit services that are illegal. As an aside. BUMA argued in the appeal that KaZaA was also providiung essential central services for the exchange of illegal content. The funny thing is that in the original case (which they won) they had demanded that KaZaA shut down all central services. So after the first verdict and until the appeal, KaZaA shut down their central services. And guess what? Growth of exchange of music files continued undisturbed. So unwittingly BUMA provided the evidence for the appeal that the KaZaA central services were not quintessential for exchanging (illegal) content. Erik Huizer NOB Cross media Facilities ------ End of Forwarded Message ------------------------------------- You are subscribed as interesting-people () lists elistx com To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/
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- more on Music Industry Confronts New Internet Swap Threats; Netherlands court ruling provides legal protection for P2P Dave Farber (Mar 04)