[Videolib] More on Pirate Bay & copyright

From: Jessica Rosner <maddux2014@gmail.com>
Date: Mon Apr 20 2009 - 18:41:31 PDT

That thread seemed a bit crowded but left things dangling. I particularly
object to the idea that the Pirate was just like Google and that to compare
them to thieves was not justified. I think it might help if folks googled
some of the news articles on the trial. I found this part of one
particularly interesting

"These cases weren't decided by some local judge, either. The Grokster case
went all the way to the Supreme
Court<http://arstechnica.com/old/content/2005/06/5042.ars>,
where the seminal MGM v. Grokster decision said that sites could not avoid
all liability for copyright infringement simply by arguing that they have
some legal uses.

This was the famous *Sony* defense, from the case which legalized
Betamax/VCR sales. It survived both federal court and the Ninth Circuit
Court of Appeals, but the Supremes found that a *Sony* defense did have some
limits:

One who distributes a device with the object of promoting its use to
infringe copyright, as shown by clear expression or other affirmative steps
taken to foster infringement, going beyond mere distribution with knowledge
of third-party action, is liable for the resulting acts of infringement by
third parties using the device, regardless of the device's lawful uses...

Nothing in Sony requires courts to ignore evidence of intent to promote
infringement if such evidence exists. It was never meant to foreclose rules
of fault-based liability derived from the common law. Where evidence goes
beyond a product's characteristics or the knowledge that it may be put to
infringing uses, and shows statements or actions directed to promoting
infringement, Sony's staple-article rule will not preclude liability...

On the record presented, respondents' unlawful objective is unmistakable.
The classic instance of inducement is by advertisement or solicitation that
broadcasts a message designed to stimulate others to commit violations. "

Whole article is here
http://arstechnica.com/tech-policy/news/2009/04/why-no-one-should-be-shocked-by-the-pirate-bay-verdict.ars

There are other articles which stress that Pirate Bay was nothing like
Google and was indeed set up for the purpose of helping people illegally
download material and ignored all requests from rights holders to cease
doing so.

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Received on Mon Apr 20 18:42:17 2009

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