The music and movie companies have finally killed their latest big target in the file swapping world! Grokster has shut down! Like with (the original) Napster, an army of lawyers has proven that even a resource manufacturer can be treated like a criminal. Even if that manufacturer never did any crime themselves.
For the record let me say that I do not use services like Grokster. If I want a music track, I use one of the fee based music services. 99 cents is a fair price to me. If I want a Warner Brothers movie I rent or buy it. But just the same this outcome sets a disturbing trend that everyone better take note of!
Settlement Shutters Grokster
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I am all for entertainment companies going after people who violate their copyright. But the issue here is that the violators were not affected at all! They will simply go and use something else. As they did after (the original) Napster was shut down. The victim here is the developer of a tool that can be used for good or bad. And the developer has been treated like a criminal for not making a tool that might prevent criminal activity. This precedent could be leveraged for the following:
The list goes on! If the maker of a tool that is abused can be found liable, then anyone that makes anything that can be used for a crime is at risk!
I think the US Supreme Court ruled incorrectly in this case. ALL 9 OF THEM! Because the maker of a tool or resource should not be held liable for the actions of others!
So has the entertainment industry done anything to prevent violation of their copyrights? No! But what they have done is established a new set of case law, that gives them power over any company they deem as somehow abusing their copyright. In time they will be better able to make a case for forcing computer companies to do their bidding. To include anything they want to have included in a machine to track and thwart any actions they find objectionable! Even if those actions might be covered under Fair Use. Keep in mind the RIAA felt that tape recorders should be illegal! The entertainment industry wanted it to be illegal to tape movies with a VCR! So THEY WILL leverage this to extend their power over any company that makes anything remotely related to entertainment.
So if you don’t do anything wrong, how does this affect you? It affects you in your wallet! Because any added technology that a company is forced to add on to please the entertainment industry will result in higher costs for you! You’re the lawful citizen, that is paying for stuff. So you will be paying more! Yea the piracy results in higher costs, but that piracy has not been stopped one bit! And even with whatever is added that piracy will continue. Which will result in you paying for the cost related to piracy that you already pay PLUS paying more for products you buy, because they will have more technology built in to please the entertainment industry!
So I say, the entertainment industry should have to treat the law breakers like criminals! Not put a burden on good law abiding citizens! The RIAA/MPAA should have to track down individuals that directly violate their copyright to prosecute them! That should be their only recourse!
News.com Tech Blog Blogma linked with Grokster dies but debate lives on
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