Re: Napster: thoughts and comments?

From: Emlyn (onetel) (emlyn@one.net.au)
Date: Wed Jul 12 2000 - 11:52:39 MDT


Mike Lorrey wrote:
> Napster is not in violation of copyright law because it does not itself
engage
> in the distribution of MP3 tracks for profit, it produces software that
allows
> people to trade MP3 tracks, with NO method of exchanging any payment for
the
> trade of MP3 files. Napster software users MIGHT be in violation of
copyright if
> they are charging a fee for the distribution of MP3 files via the Napster
> software, which Metallica and the rest of the recording industry has not
been
> able to prove.
>

As I understand it, you don't have to charge money to violate copyright,
just damage the author's ability to make money from their work by it's use.

Probably Napster does have a leg to stand on; if they are infringing
copyright by providing a way of moving mp3s between people, then so is
email, and any other form of digital transmission.

I wonder; if I were to provide a free freight moving service to anyone in
the street, and did this in the middle of riot (so that my primary customers
were looters), would I be infringing any laws?

Emlyn



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