[Web4lib] Limewire

Rob Styles Rob.Styles at talis.com
Wed Mar 7 07:17:33 EST 2007


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
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