www.xinhuanet.com
XINHUA online
CHINA VIEW
VIEW CHINA
 Breaking News URGENT: 290 dead in quake: Indonesia official    URGENT: Sri Lankan government withdraws tsunami evacuation warning    URGENT Earthquake measuring 8.2 rocks Indian Ocean    URGENT: Great earthquake rocks Indian Ocean    Israeli parliament rejects Gaza referendum bill     Kyrgyzstan's acting president sworn in as prime minister     
Home  
China  
World  
Business  
Technology  
Opinion  
Culture/Edu  
Sports  
Entertainment  
Life/Health  
Travel  
Weather  
  About China
  Map
  History
  Constitution
  CPC & Other Parties
  State Organs
  Local Leadership
  White Papers
  Statistics
  Major Projects
  English Websites
  BizChina
- Conferences & Exhibitions
- Investment
- Bidding
- Enterprises
- Policy update
- Technological & Economic Development Zones
Source Manufacturers and Suppliers from China and around the world
   News Photos Voice People BizChina Feature About us   
P2P case heads for US Supreme Court
www.chinaview.cn 2005-03-29 11:11:29

    

The U.S. Supreme Court will hear a highly anticipated case on Tuesday that could have far-reaching consequences for both copyright holders and the technology industry. MGM Studios vs. Grokster has wound its way through lower courts and a US circuit court of appeals.

    BEIJING, March. 29 (Xinhuanet) -- The U.S. Supreme Court will hear a highly anticipated case on Tuesday that could have far-reaching consequences for both copyright holders and the technology industry.

    MGM Studios vs. Grokster has wound its way through lower courts and a US circuit court of appeals.

    In each case, the courts have ruled that P2P services are not responsible for the illegal activities of the people who use them.

    Both file-sharing companies contend that P2P (peer-to-peer) networks can be used to share legal content and that they cannot control, and thus are not liable for, any piracy going on. Sharman Networks, owner of Kazaa, has mounted a similar defense in a case brought by the record industry in Australia.

    The case has attracted widespread interest, with over 50 supporting briefs filed on behalf of prominent firms including Intel, Yahoo! and Apple; the US government; groups as diverse as Consumers Union, the National Basketball Association and Business Software Alliance; and musicians such as Elvis Costello and Avril Lavigne.

    Some 28 Hollywood studios and music firms that sued file-swapping services Grokster and Morpheus argue that they need to be able to shut down the networks to crack down on rampant piracy that threatens the music and cinema industries and creators of virtually any creative work that can be illegally copied over digital networks.

    But on the other side, the technology proponents warn that stifling P2P services would slow down a great deal of technology growth; the impact would not be confined to illegal file sharing. "There are plenty of legitimate reasons to use P2P networks," says Yankee Group's Nitin Gupta.

    Up to now, courts have ruled in favour of the technology industry, relying on a 1984 Supreme Court precedent known as the Betamax case - resulting from a similar dispute over the liability for copyright infringement of Sony's videocassette recorder.

    The question, though, is exactly what would constitute "better." Chasing the pirates certainly presents one option. But the makers of copyrighted material tend to oppose new technology rather than see the opportunities it provides, Gupta explains.

    "The recording and movie industries need to have a willingness to explore different business models," he suggests.

    Joe Tasker, general counsel for Information Technology Association of America, which is part of the coalition, said the court may try to find a middle ground.

    (Agencies)

  Related Story
Copyright ©2003 Xinhua News Agency. All rights reserved.
Reproduction in whole or in part without permission is prohibited.