>From: "Emlyn (onetel)" <emlyn@one.net.au>
>Probably Napster does have a leg to stand on; if they are infringing
>copyright by providing a way of moving mp3s between people, then so is
>email, and any other form of digital transmission.
>
>I wonder; if I were to provide a free freight moving service to anyone in
>the street, and did this in the middle of riot (so that my primary
>customers
>were looters), would I be infringing any laws?
Yes, its called "aiding and abetting." The theory against Napster is that
they are committing "vicarious and contributory infringement." The RIAA
knows that *Napster* is not violating any copyrights itself (that would be
suicide), but the argument is that 99% of the people using their service do
so for the express purpose of stealing copyrighted music, Napster knows this
and does nothing to stop it (in fact that encourage it).
Napster is going to lose the lawsuit, but that will not stop the pirates
from doing what they do best. MP3 piracy was alive and well before Napster
came along and will continue to be after Napster is gone. Ever look around
IRC for MP3 channels? They are nice and full and nice and busy, only thing
is no body is "chatting."
-Zero
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