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DOJ to Pursue P2P Swappers?
posted by md on Monday January 27, @04:39PM
from the dept.
Digital Entertainment Declan McCullagh's latest write-up suggests that the Department of Justice, pushed by the RIAA, MPAA, and congressional allies of those groups, may begin prosecuting individuals who trade music files over peer-to-peer networks. Such activity, even if completely noncommercial, was made illegal under the Net Electronic Theft (NET) Act of 1997. However, with hundreds of thousands of participants in P2P networks that seem to spring up as quickly as they are shut down by court orders, it remains to be seen whether such prosecutions will have the deterrent effect that the music/movie industry hopes they will. Further, one must wonder whether the Department of Justice is willing to devote resources to sending teenagers and college students to jail while the Bush administration is preoccupied with its anti-terror agenda.

Top Record Store Companies To Offer Digitial Music Options | KaZaA Sues RIAA  >

 

 
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    DOJ to Pursue P2P Swappers? | Login/Create an Account | Top | 1 comments | Search Discussion
    Threshold:
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    One wonders just how (Score:1)
    by TomWiles on Monday January 27, @09:17PM (#593)
    User #396 Info
    I assume that they are going to go after the sites that people are downloading from. Going after the person who is doing the downloading could be very dangerous as their is no proof that the person is committing a crime. Many people are using these networks to get MP3 copies of music that they already own on LP's.

    Changing of the format from analog to digital is still protected under fair-use.

    What about the argument that the music was just there for people who had purchased it on LP's and wanted a digital copy. Would they have to PROVE that the downloaded music was actually being stolen.

    It seems that under the (innocent until proven guilty concept), they would have to present in court proof that at least some of the downloaders did not already own the music. This might not be as easy as it seems.

    TOM

    Humanity has the stars in its future, and that future is too important to be lost under the burden of juvenile folly and ignorant superstition. - Isaac Asimov

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