[Upd-discuss] a longer term strategy for promoting the public domain?

[Jack Clinton]

The time seems to be ripening for a pro-sharing and
pro-public domain campaign, given that some senior
judges are beginning to place key issues squarely in
terms of established business models vs. innovation,
which paints a more wholesome picture of the
pro-sharing, pro-public domain pov. The example below
is only the latest:

9TH CIRCUIT AFFIRMS P2P SERVICES DO NOT INFRINGE
COPYRIGHT
The 9th U.S. Circuit Court of Appeals has affirmed a
lower court ruling that P2P file-sharing services
Morpheus and Grokster do not infringe copyright. The
decision includes an insightful analysis of
peer-to-peer technology and concludes that "the
introduction of new technology is always disruptive to
old markets, and particularly to those copyright
owners whose works are sold through well established
distribution mechanisms. Yet, history has shown that
time and market forces often provide equilibrium in
balancing interests, whether the new technology be a
player piano, a copier, a tape recorder, a video
recorder, a personal computer, a karaoke machine, or
an MP3 player. Thus, it is prudent for courts to
exercise caution before restructuring liability
theories for the purpose of addressing specific market
abuses, despite their apparent present magnitude."
Decision at
http://caselaw.findlaw.com/data2/circs/9th/0355894P.pdf
Coverage at
http://www.wired.com/news/digiwood/0,1412,64640,00.html
http://news.com.com/2100-1032_3-5316570.html
http://www.nytimes.com/2004/08/20/technology/20digital.html
<http://www.latimes.com/technology/la-fi-grokster20aug20,1,7512636.story>

Thanks to BNA Internet Law News for the pointers.
http://ecommercecenter.bna.com




	
		
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