29 Sep 08 The Legality of Peer to peer software

Following a read of the Electronic Fronteir Foundation (EFF) press releases http://www.eff.org/press/releases I was confused as to why it wasn’t easier to legislate against piracy, specifically peer to peer network misusage.

It’s crucial that courts continue to protect emerging technologies that are capable of substantial lawful uses, even if they also can be used in less acceptable ways, said EFF Senior Intellectual Property Attorney Fred von Lohmann.”

Well obviously. No one is suggesting that someone comes up with a definition of a peer to peer network and then criminalize taking part in, running, or conspiring to run such network. Why not just define more clearly how peer to peer is often used for piracy and legislate against that?

“In Arista v. Lime Wire, the recording industry plaintiffs seek to hold Lime Wire liable for acts of copyright infringement by users of its software.”

By all means target the Companies who host the networks that pirate users operate on. Obviously no well known service such as Lime Wire ever actively promotes piracy though. On a network however where any user can upload or download any software, videos, music and pictures what do you think is going to happen? Surely without needing to legislate against peer to peer technology itself, it’s clear that the network operators are failing to uphold their duty of care to their Clients in providing a reasonable level of protection.

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Tags: eff, electronic fronteir foundation, file sharing, limewire, p2p, peer to peer, piracy, The Legality of Peer to peer software