Copyright Infringement in the Courts
With the record companies being notoriously aggressive in the courts, many precedents have been set. Unlike the RIAA, ARIA is not pursuing customers
yet, so all of the precedents below are for US law. Beneath are the most important ones (reverse chronological order):
- RIAA vs. Verizon - This case found that Verizon must release the details of subscribers who are pirating files, when the copyright
holder files for the information in the local court.1
- MGM vs. Grokster - This case allowed the Morpheous network to keep operating, as it has "significant legal uses". Because of this judgement,
P2P networks are allowed to operate, as there is a legal reason for them to run. (In other words, P2P networks
are like knives. Just because you can stab someone doesn't mean that stabbing people is what the manufacturer intended.)2
- RIAA vs. Napster - This case found that the Napster P2P network had no "significant commercial reason outside of piracy" (riaa.com)
to exist.3
These three cases together make knowing the legal future of P2P music and movies in the US unsure.
With ARIA, however, not wishing to sue consumers in Australia, it looks like open copyright infringement will continue indefinitely. There has only
been one major court case in Australia, regarding the internet as a distribution mechanism for infringing on copyright.
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