DMCA vs. FileSharing


| Comments (1) | Views (2)

On Friday, CNet reported that Judge Stephen Wilson, a federal judge in Los Angeles, ruled that file-sharing software is legal and the companies who make such software, Streamcast Networks and Grokster, are not liable for copyright infringement that takes place using their software. And on Thursday, Wired ran the story of a federal judge that upheld his earlier ruling in January against Verizon saying that First Amendment protections concerning anonymous expression do not conflict with the Digital Millennium Copyright Act (DMCA) of 1998.

Two landmark cases involving the Recording Industry Association of America (RIAA) shaping the course of legal battles between the copyright holders and the people infringing on those rights... wait... neither of those cases actually included the alleged culprit of the piracy action in question: the end user doing the file sharing. Though two very important issues are being argued: the question whether file sharing technology is legal since it has both legal and illegal uses; and the question of surrendering upon demand the identity of an individual on the Internet for alleged suspicious activity.

I believe I support the former with reasoning that it should be consumer right to make copies of anything purchased or having been granted license for the sole purpose of using that information in any personal use. Copyright becomes infringed upon when said licensees provide access to this licensed information for others thereby circumventing further licensure.

And while I believe that there must be some accountability that end users have with respect to providing download access, via file sharing software or otherwise, to files containing information with copyright, I am apprehensive to blindly support either decision based on the question of the larger implications they have on personal privacy issues and on the constitutional right we all share of being innocent until proven guilty. Furthermore, the DMCA has been increasingly used for purposes that Congress did not necessarily intend. The Electronic Frontier Foundation has published a paper on Unintended Consequences: Four Years under the DMCA which shows how the DMCA has been invoked against consumers, scientists, and legal competitors.

What must we give up, as a society, to protect the right to financial gains of the copyright holder? It's beginning to sound like a case where the needs of the few outweigh the needs of the many. I shall therefore remain skeptical in my assessment and acceptance of decisions affecting these issues.

Thanks to Jake at 8bitjoystick.com for the graphic, and for a similar rant over the RIAA stranglehold on the current state of radio.

1 Comment

The graphic was from a Fark.com Photoshop contest. I don't remember what one or who made it. But I believe that it is based on a graphic from ObeyGiant.com. Given the underground subversive artist nature of ObeyGiant.com I doubt that he would have any problems with it being used in this way.

Score: 0 (0 votes) Vote up Vote down Report this comment Reply

^ Scroll Up | Homepage >

Leave a comment [top of page]

    Please consider creating a Casual Gameplay account if you're a regular visitor here, as it will allow us to create an even better experience for you. Sign-up here!
  • PLEASE UNDERSTAND SITE POLICIES BEFORE POSTING COMMENTS
  • You may use limited HTML tags for style:
    (a href, b, br/, strong, em, ul, ol, li, code, spoiler)
    HTML tags begin with a less-than sign: < and end with a greater-than sign: >. Always. No exceptions.
  • To post spoilers, please use spoiler tags: <spoiler> example </spoiler>
    If you need help understanding spoiler tags, read the spoiler help.
  • Please Preview your comment before posting, especially when using spoilers!
  • No link dropping, no domains as names; do not spam, and do not advertise! (rel="nofollow" in use)
391 Views
3 Comments
Gift Rush 3> Johnny123 Your cute-as-a-button spider guy is looking to feed his hungry kids some cake. Swing through each level, grabbing your kids and drop them in the general vicinity of their favorite birthday treat. Be sure not to eat it yourself!  ...
1,112 Views
2 Comments
Exit Fate> Dora In this free indie RPG heavily inspired by the likes of Suikoden and other classics of the genre, Daniel is a man betrayed by his country and trapped behind enemy lines who suddenly finds himself in a unique position to help end the fighting. Recruit 75 party members for your castle, take part in huge battles, and enjoy hours and hours and HOURS of play time in this massive game.  ...
The Silent Age: Episode Two> Kimberly Joe is back to finish up what was started in the second episode of this fantastic point-and- click adventure. With the fate of humanity on his shoulders, Joe needs you to help him travel through time to find answers on how to prevent the human race from going extinct.  ...
1,442 Views
12 Comments
The Rogue Puzzle Game> Satori Clear your way through the dungeon in this unique Sokoban-like puzzle game by carefully selecting which swords to shove into which monsters to vanquish them all. The Rogue Puzzle Game was picked as one of only three finalists in the Game Nomad competition and is set to be presented at Gamer's Day, Arabia's largest gaming event.  ...

Recent Comments

 

Display 5 more comments
Limit to the last 5 comments

Casual game of the week

Fear for Sale: The 13 Keys

Your Favorite Games edit

add
Save links to your favorite games here. Use the Favorites editor.

Monthly Archives

Legal notice

All games mentioned or hosted and images appearing on JayIsGames are Copyright their respective owner(s).

All other content is Copyright ©2003-2014 JayIsGames.com. All Rights Reserved.


Visit our great partner: maxcdn!