from the try,-try-again dept
When the Supreme Court ruled in the Grokster case, they laid down a very specific case for when a service provider might be liable for the actions of its users. That was only if the service provider took "affirmative steps" to induce copyright violations. This seemed odd and likely to cause trouble pretty quickly. It basically suggested that a new company that came along and did exactly what Grokster had done, but avoided proactively encouraging people to download unauthorized material, would be perfectly fine. However, the entertainment industry immediately tried to expand what the decision meant and eventually just pretended the Supreme Court said that file sharing and things like torrent tracking sites were illegal -- when it actually said nothing of the sort. The MPAA recently went after a bunch of BitTorrent search engines -- which seemed to stretch the Supreme Court ruling again. After all, these are just search engines, and there are tons of legitimate uses for them. At least one is now fighting back. TorrentSpy has filed a motion to dismiss the case, noting that they don't promote any kind of infringement and they don't host or link directly to any files copyrighted by the MPAA. In other words, they're making a case that all they are is a search engine for torrents, and if the industry is worried about people putting up torrents that infringe on copyrights, it should go after those actually responsible, rather than the search engines. Services like TorrentSpy were exactly what it looked like the Supreme Court was trying to carve out as being legitimate -- so it's good to see them standing up for themselves, rather than just giving in to another entertainment industry lawsuit. If they win and get the case dismissed, it could set up some of the boundaries as to just how far the entertainment industry can go.
http://techdirt.com/articles/20060327/1717242.shtml
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Hmmmm... why fight back, why not just fold under pressure like suprnova?
“The martyr sacrifices themselves entirely in vain. Or rather not in vain; for they make the selfish more selfish, the lazy more lazy, the narrow narrower.” - Florence Nightingale
Thats sure to save a person many thousands of dollars in legal feesOriginally Posted by Excrement_Cranium
Hard as ever and here to make you people believe...as long as there is one person to hold hope and dream...A GOD...will never die!
because these guys actually have balls!
Mpaa actually have a sword to cut balls off of young bt sites.
Really? I guess we will SEE if they actually have the guts to go through with a COURT HEARING instead of just bullying people! Face it shawners, it was only a matter of time until the MPAA gets IT'S 'BALLS handed to THEM for trying to bully people in the first place!
I for one hope that the MPAA loses!
They richly deserve it!
Have you ever seen the movie, The Matrix. THey are the gatekeepers, and they hold all the keys. Everyone who has gone up against them had died.
When they ruin one network, we go to another one. They will never be able to close all the networks/sites, neccessity is the motivation for creation, they close one another one is made.
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