Featured Articles

KitKat has more than a fifth of Android users

KitKat has more than a fifth of Android users

Android 4.4 is now running on more than a fifth of Android devices, according to Google’s latest figures.

More...
Nvidia introduces five new Quadro cards

Nvidia introduces five new Quadro cards

Nvidia has revamped its Quadro professional graphics line-up with a total of five new cards, two of which are based on…

More...
AMD Tonga XT graphics cards come later

AMD Tonga XT graphics cards come later

According to sources who wish to remain unnamed, we should see an AMD Tonga XT-based graphics card launched sometime in September.

More...
Nvidia Maxwell Geforce 800 comes in September

Nvidia Maxwell Geforce 800 comes in September

Nvidia was always cautious when talking about upcoming Maxwell parts, the first of which was launched back in March and based…

More...
Aerocool Dead Silence reviewed

Aerocool Dead Silence reviewed

Aerocool is well known for its gamer cases with aggressive styling. However, the Dead Silence chassis offers consumers a new choice,…

More...
Frontpage Slideshow | Copyright © 2006-2010 orks, a business unit of Nuevvo Webware Ltd.
Wednesday, 20 May 2009 11:24

Swapping files is fair use

Written by Nick Farell

Image

Top lawyer claims


In a
move that will set a chill in the music and film industry's bones one of the US's top lawyers is set to take them to the cleaners claiming that file sharing on P2P networks is fair use.

For years the music and film industry avoided taking on Harvard students for file sharing, fearing that there were people there who could give them a run for their money because they would know the law. Now a top law professor Charles Nesson has revealed he will be defending a student against the RIAA by claiming that there is noting illegal about swapping files provided you don't make any money on the transaction.

Nesson is defending file-swapper Joel Tenenbaum and in court filings, revealed a doomsday strategy for the film and music business. If he wins, he will essentially legalize the sharing of all digital goods, copyrighted or not, by noncommercial users. He will argue that statutory damages only apply to commercial infringers.  The law offers rightsholders the chance to seek either statutory or actual damages, but that the two are meant to be equivalent.

If the two remedies are equivalent, and if "individual noncommercial copying results in no provable actual harm to the copyright harm holder," then actual damages would be zero-and so would statutory damages.

Fair use is defined by four factors and Nesson is confident he can give a jury evidence relating to each one. Another one of his defences is that the jury should consider "the copyright holder's knowledge of and assumption of risk when it published the copyrighted work that work would be ripped and shared on P2P networks."
Last modified on Wednesday, 20 May 2009 11:29

Nick Farell

E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
blog comments powered by Disqus

 

Facebook activity

Latest Commented Articles

Recent Comments