Ruminations on the Digital Realm

Jan Stedehouder

Peer2peer software not automatically infringing

The Center for Democracy & Technology asks the court in a case against Limewire not to deem peer2peer software illegal simply because illegal use is possible.

I would say this should be blatantly obvious, especially in a country where people wear t-shirts with “People kill people, not guns”.

clipped from www.cdt.org

Center for Democracy and Technology

Working for Democratic Values in a Digital Age

Legal Brief Stresses Proper Limits of Secondary Copyright Liability
CDT, joined by groups from EFF to ITAA, told a federal court today that the law requires caution in assessing whether to impose copyright liability on the makers of multi-use technologies. In a legal brief filed in a lawsuit against the peer-to-peer file sharing service LimeWire, CDT and its allies did not take sides but rather urged the court to decide the case within the careful framework established by previous Supreme Court cases in this area. Those cases make clear that distributing a technology with “substantial noninfringing uses” should not raise rise copyright liability concerns, as long as the distributor does not actively promote the technology’s use for infringement. Reinterpreting or expanding secondary copyright liability in ways that undermine this crucial limitation, the brief warned, it could significantly chill technological innovation. September 26, 2008

  • Amicus Brief
    [PDF]
    September 26, 2008
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