[Web4lib] Limewire

[Rob Styles]

Micah Stevens:
> The primary risk is that the files the user is receiving are coming
> from
> unknown and therefore untrusted sources. One could be downloading
> anything from anywhere, including mislabeled files that are trojan
> horses, as well as copyrighted materials. With the RIAA being
sue-happy
> lately I would be concerned about legal action from them or other such
> groups if your users are downloading music or movies with your
> hardware,
> even if it's erased in-between uses. The legal precedents for such
> things are still in their infancy. Any legal action would cost your
> organization money as well, even if it doesn't result in a 'win' for
> the suing organization.

I am not a lawyer, but as a pedant, the term "Illegal Music Downloading"
and similar are not quite correct.

There is case law in both the US and UK that establishes the act of
downloading is not illegal, on two bases: first, that you cannot show
probable cause for a warrant based on ip traffic, so cannot search the
computer of the downloader; and second, that it is impossible in any
practical sense for users to tell the difference between illegally
uploaded music and that which is distributed legitimately.

This is worth reading:
http://ledux.blogspot.com/2006/07/illegal-music-downloading.html

Various bodies with interests in reducing file-sharing generally have
done a very good job of promoting the perception of downloading (and P2P
itself) as illegal.

However, almost all file-sharing software is set, by default, to publish
what you have available - it is this that can land you in trouble for
uploading. Uploading is enforceable as a breach because a prosecuting
organisation can download from you, giving them both the network address
of your machine and the content you were publishing - grounds for a
warrant.

Of course, this could all change, but even the DMCA identifies Uploading
as the problem...

rob

Rob Styles
Programme Manager, Data Services, Talis
tel: +44 (0)870 400 5000
fax: +44 (0)870 400 5001
direct: +44 (0)870 400 5004
mobile: +44 (0)7971 475 257
msn: mmmmmrob at yahoo.com
irc: irc.freenode.net/mmmmmrob,isnick
 
The very latest from Talis
read the latest news at www.talis.com/news 
listen to our podcasts www.talis.com/podcasts 
see us at these events www.talis.com/events 
join the discussion here www.talis.com/forums 
join our developer community www.talis.com/tdn 
and read our blogs www.talis.com/blogs

 
Any views or personal opinions expressed within this email may not be those of Talis Information Ltd. The content of this email message and any files that may be attached are confidential, and for the usage of the intended recipient only. If you are not the intended recipient, then please return this message to the sender and delete it. Any use of this e-mail by an unauthorised recipient is prohibited.
 
 
Talis Information Ltd is a member of the Talis Group of companies and is registered in England No 3638278 with its registered office at Knights Court, Solihull Parkway, Birmingham Business Park, B37 7YB.