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Music Media

Teen Freed for Linking to MP3s 125

pinkunicorn writes "The teen sued for linking to MP3 files has been freed by the local court (the article is in Swedish which Babelfish doesn't grok). The court says that he's still guilty of assisting copyright crimes, but since that wasn't what he was accused of he will be let off. " Update: 09/15 10:29 by H :Thanks to Martin Wickman for a quick translation/summary-click below to read it in English.

7 year old free from charges in swedish mp3-case

The district court of Skövde announces today that the 17-year old who had using links to mp3-files on his homepage, is now acquited. Justification being that the 17-year old had only been directing to, not distributing the actual files. The classification was "crime against the copyright law through digital mp3-technics".

Even though he is now acquited, the court thinks he is guilty of complicity to crime against the copyright law. But since he was never prosecuted for that crime, he is released.

This is the first time in Europe a mp3-case has been brought to court. Its the International Federation of the Phonographic Industry (IFPI) who prosecuted the 17-year ord. The organisation has charged him with fines, but crimes against the copyright law can result in up to two years in prison. IFPI has not yet responded if it will appeal against the judgement.

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Teen Freed for Linking to MP3s

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  • Dagens Nyheter ("The Daily News", Swedens largest morning paper) has been covering this story quite good in their net edition. It's also been covered in P3 (Public radio channel).

  • What music sites need to do is put their MP3's and other media under the GNU General Public License. That way, if some punk Swedish kid tries to link to them with an tag, he must subsequently make his whole home page GPL as well. But because MP3's are not GPL, anyone in the world can link to them, and possibly even download and play them back on a non-GPL MP3 client.


    Seriously though. An URL is just an address of a file. Plain and simple. It's equivalent to a citation in a bibliography or footnote. This is "fair use". There is nothing wrong with making a link to a file, it's allowed for under copyright law (in the US), even though the lawyers and politicos may not think so. If the MP3 owner does not want people linking to it, all they need to do is put it behind a secure server.
  • I remember reading about this story a while ago in an article in a lengthy article on Regan's 'War on Drugs' policy in a UK paper. This might be duplicate story, but the way I heard it was:

    The kid was in fact a girl, about 18 or 21. She was asked by federal police at a party whether they could find any LSD. She said no, but said that her boyfriend had some. She was arrested and charged under conspiracy to supply drugs. She was tried in a federal court under the infamous Regan's `War on Drugs' laws, found guilty and received the mandatory sentence of 10 years imprisonment without parole. The judge who sentenced her described it as a miscarriage of justice, but said he was powerless to give any other judgement.

    Scary.
  • "Otherwise he was certainly providing that information on the basis that it would be used to commit a crime."

    Bullshit.
    Otherwise, he was providing information either to a known cop as part of a set-up, which renders the whole thing invalid, or he was only saying that person /might/ have something, and the "cop" needn't have got any, or he was providing information on the basis that it would be used to /spot/ a crime and bring those involved to justice.

    I think it considerably more likely that some injustice was done to this chap, and ought to be rectified.
  • Just because the massive potential for movement of information has been unleashed, it doesn't mean that we should let certain facts get lost along the way.

    Copyright is not theft, copyright is an assertion that you have created something original and that you want at least recognition of this fact and possibly monetary reward. If you want to use copyleft or something similar to allow free use, go for it, that's great, you're an altruist.

    Rippers, encoders, warez sites, k3wl kids and CDs full of MP3s don't cover the fact that there are rules, internationally agreed rules, that dictate what you are and are not allowed to do with copyrighted material in your posession.

    Linking to MP3 files that you know to be illegal must be viewed poorly, by linking to that site you are allowing people to exploit their presence and that should be considered abuse.

    There's no difference between that and broadcasting the URL on a radio show or publishing it in a newspaper.

    Fair use is allowed and copying for yourself is not going to get you into trouble, buy the CD once and listen to it on your laptop, on your MD walkman or on the tape player in your car - go right ahead, the music industry will not touch you. But publishing an MP3 on the web should be jumped on and linking to that MP3 is not dramatically different.

    You might not agree with the rules, so try to change them - remember, direct action is a viable means of protest, but there's a good chance that it might also be illegal.
  • Let me begin by stating my position on the incident in question: I completely agree with you that the act of prosecution was unjust. I was simply trying to present a standpoint from which two different types of 'linking' could be differentiated.

    I don't think there's any difference between the first and third alternatives you presented:

    - he was providing information either to a known cop as part of a set-up
    - he was providing information on the basis that it would be used to /spot/ a crime and bring those involved to justice.

    In the second case (he was only saying that person /might/ have something, and the "cop" needn't have got any), if the teenager thought that the cop intended to commit a crime, and furnished him with the means to do so, this is a crime in most parts of the world. Again, I'm not saying that I agree with this, just that it is so.

    Personally, I think the real injustice lies in the mandatory life sentence - otherwise common sense could have been applied by the judge or jury.

    Hamish
  • by Anders Andersson ( 863 ) on Wednesday September 15, 1999 @04:20AM (#1681223) Homepage
    What does the Berne Convention have to say about encouraging copyright violation? That is probably the relevant law in this case.

    While I don't know the text of the Berne Convention by heart, I'd say it's only marginally relevant (legally speaking, it's not a law, by the way). The Berne Convention sets some minimum standards for copyright, but its primary purpose is to let foreign authors enjoy the same rights as the nationals of the country where copyright is claimed.

    Before the Berne Convention was established in the late 19th century, a Swedish publisher could obtain a book by a British author, possibly translate it, and distribute as many copies he liked within Sweden, without the British author getting a say (or even receiving a penny in compensation)! Even today, copyright legislation is essentially national, with various conventions extending the rights given by national laws also to foreigners.

    I don't think the Berne Convention says much about encouraging infringement or similar "side issues". The function of the Berne Convention (or perhaps some other convention) in this particular case was essentially to allow the recording industry to bring charges to the Swedish teenager on behalf of foreign musicians. The rest was up to the Swedish court to decide in accordance with the Swedish Copyright Act [www.kb.se] and other relevant statutes.

    There is another potential twist related to the Berne Convention though: I don't know from what country the actual MP3 files were (and maybe still are) served. In this layman's opinion, charging somebody with assisting infringement by linking to those files will require their distribution to be illegal in the first place. What if they reside on a server in a country which isn't party to the relevant conventions, or where even domestic copyright law is insufficient? Can you be charged with helping someone abroad to commit an act that would be illegal if committed in your own country, but not where it's actually committed?

    Note that making a single copy for your own personal use normally isn't illegal in Sweden, so I don't think you'll get anywhere by claiming the teenager was assisting those who downloaded the music to commit "petty theft of intellectual property" or something. The issue here is whether he in effect operated as the advertising agency of an actual pirate (something the court appearantly didn't address, due to sloppy homework on the part of the prosecutor).

  • I suspect that its rather like making tapes. That's illegal - its a violation of copyright but there's no department full of policemen about to kick your door in for it.

    If you set up an enormous site with millions of MP3z^Hs then they'll come after you. If you link to 5 on other sites they won't. If you give away all of the Beatles on a coverdisc on a magazine they'll prosecute and if you lend your mate a CD to copy they won't.

    Just keep them moving around so there's too many targets and we'll all get free music. Cool!
  • by Trepidity ( 597 ) <[gro.hsikcah] [ta] [todhsals-muiriled]> on Wednesday September 15, 1999 @09:37AM (#1681227)
    That's the problem with mandatory minimum sentencing laws. In most cases, the judge is indeed powerless, since legally he is not allowed to give less than a certain sentence. The only other alternative he has is to overturn the conviction, which would be somewhat akin to lying. The person is guilty, but doesn't deserve the sentence, but the judge's sentencing leeway has been done away with by stupid laws, so he's in a no-win situation.
  • Well -- your ISP may have something to say about that, because 10^16 16 digit numbers will take something like 160,000 terabytes (give or take a few bytes for HTML headers). But assuming it's possible, you still aren't doing anything wrong, because, unlike the examples given above, you aren't giving anyone any information that isn't contained in the sentence "B of A credit card numbers are 16 digits long". If a man delivered a solid block of marble to my door, should I turn him in for selling me a fake of the Venus de Milo? After all, it's in there somewhere.

    If on the other hand you posted the algorithm for generating valid credit card numbers, you would be a criminal, and I doubt anyone would argue with that. If your best mate set up a site with that algorithm on it, and you set up a site directing people to his site (maybe he lived in a country with no extradition treaty to the USA or something), then you're part of a serious crime.

    I think the analogies hold up, but the critique is interesting. Thanks.

    jsm
  • I've been down this route with my band for a demo tape, recording the instruments on my soundcard, using a multitrack app etc., and then the band went into a studio and recorded a 6-track EP; we could just about afford it. The audio quality was reasonable but not great.

    The fact is that without access to expensive studio equipment it is extremely difficult to get a master recording at a high enough quality to sell. Getting a record deal makes this a lot easier as the record company pays for the studio (in exchange for most of your profit...) So, unless you're willing to sink pretty much everything you have into equipment and studio time, record companies still have a pretty big part to play for most bands.


    yeah.. but how long until "Real Recording" studios don't cost as much as they do now?

    Non-linear costs a zillion bucks because the systems are all old (in computer years, where 18 months is an eternity)

    "Cheap, high quality" recording studios are _not_ far off. Someone just has to sit down and figure out a good business model, design a easily reproducable studio, and franchise it.

    Today's studios have all this huge "big iron" behind the glass.. and i'm sorry, but soon, all those mixing boards and wires and cables and mics will all funnel into a tiny little graphite/white box with 4 handles and an Apple on the side via a firewire cable and will leave the studio thru the ethernet cable.

    A backup of the entire recording session will leave on a $30 DVD-RAM so you can remix, re-record, whatever - wherever - whenever.

    No, you can't do it all on one computer *now* with "real studio" quality, but you will within 2-8 years i guarandamntee you. Its like StarOffice 5.1.... no, its not as presentable as office 2000, but for the price difference, you shure can't bitch.

    Record companies will either adapt, and go digital (production/distribution/sales), or they will die.

    There's money to be made - and someone will soon take advantage of the fact that the big labels just don't get it.


  • The problem isn't linking in general. The problem is linking to something which breaks the law. Like it or not, posting
    .mp3s is a copyright violation. Knowingly pointing other people to them is aiding and abeting.

    (Warning: extreme example coming)

    Say you had a friend who you KNEW killed people for a living. Say someone came to you and said, "Hi! I'd like to have
    someone killed. Do you know who I can go to?" You say, "Sure! Just go ask my friend."

    If I know of someone who is willing to do it, I have the right to inform him of it. On the other hand, if I am aware of his intention, I am obligated to notify the authorities.
  • I'm sorry if someone mentioned this earlier, but what about a place like mp3search.lycos.com? Do Lycos execs get hauled to court because they let a person search public FTP sites? What about normal search engines that happen to come upon an MP3 webpage with their automated spiders?

    There's a very large amount of psuedo legal wrangling. Does a router that passes along MP3 data that is being copied illegal count as assisting, leading to arrest/prosecution of owner of said router/backbone? This'd certainly harken to the situation in Australia where people are being restricted in their personal freedom.

    I'm amazed more people don't realise that freedom to choose == freedom to choose crime, and then try and make it harder to committ crime (by law), when no law will stop a person who wants to.
  • 7) Do I have to ask permission before I do this: see http://www.usatoday.com ?
  • So, did the guy know he was doing something bad, but thought that the technical facts about the Internet would mean he couldn't be caught for it? If yes, then guilty he is.

    According to an interview today, he had been warned twice by IFTI (or whatever). He thought the first warning was a joke by someone, but he took the second warning serious---he moved his site abroad...

    I think he is guilty of being stupid. There is definately a gray zone here, but if you are asked to remove your links because you are doing damage then I think you have an obligation to do so.
  • To answer your question, yes, people are doing this.

    At least I am, I can't speak for everyone.

    Within the last three or four months I've purchased no less than seven CDs that I would have never considered had a friend not e-mailed me the mp3 and said "Check this out."

    Two of these were artists appearing on mp3.com who for some strange reason have no major label deal even though they are infinitely more talented than much of the watered-down garbage I hear on my radio every day.

  • It strikes me that, by this figuring, scour.net should be in a whole lot of trouble. That is all they do--link to mp3 files.

    And I doubt that they have the legal capital that an outfit like lycos does to fight the bad guys (was I correct in reading that it is the pornographic publishers alliance, or something like that, that was pursuing the Swedish fellow? Sheesh.

    -awc
  • This means that as the computer propogation into
    our society greatens many "knowledge based"
    industries will be made obsolete and thereby will
    use their current economic power to find every
    possible fashion of stopping and stifeling their
    depleating place in the economy. Expect more
    witch-hunts. Though there is a way around
    this. It's called value added services. Take
    Macmillian publishing and their personal
    desktop service. Seeing that it was so simple to
    copy their material (mainly books) they made them
    free and used advertising to sustain the service
    meanwhile offering the "ability" to purchase a "hard copy." Unfortunately greedy old companies don't like new business models. In Canada the CRTC has regulated the upstream cap on dialup and other transmission means from the public sector.

    Well that's my 2 cents.
  • by jsm2 ( 89962 ) on Wednesday September 15, 1999 @01:51AM (#1681240)
    That surely does NOT make sense. Since most people have a free will (and there are laws governing the actions of those who don't) we can, in our very self-conscious, lawful way choose not to download copyrighted material (or kill, steal, whatever..) just because we are presented with the opportunity.

    I don't buy this.

    First things first; this comment is an example of what is usually an admirable principle; that control and prohibition should be kept as close in the causal chain as possible to the "bad act". This keeps the sphere of prohibition as small as possible, which is good.

    But there comes a point at which it's just not possible to use the "other people have free will" argument, and when you have to suspect bad faith. Human beings aren't super-rational calculators running algorithms designed by Donald Knuth. They're funny, kludgey systems which react to stimuli in partly autonomous but partly predictable ways. And they're about as manipulable as the slashdot Karma system (no offense). People who behave in ways which influence the behaviour of others are part of the causal chain which leads to someone's rights being violated.

    Should I be allowed to put up a site of credit card numbers? Hey, the people who download them have free will, don't blame me for what they do with them! How about if, for a fee, I introduce you to a guy who knows a hit man? How about if I publish the names and addresses of abortionists on the Net, with a red cross over the ones that have been killed? If you lent me your car and I left it out in a bad neighbourhood with the keys in the ignition, would you consider it to be partly my fault when it got stolen?

    In a lot of these cases, I'm intending that crimes happen, and helping them to happen. I'm part of (an accessory to) the crime. I can claim that it's not my intention that these bad things happen (if I've got a good story, I might even get away with it). Some examples aren't crimes at all. But there's certainly a case to answer -- it's not the same as owning an automatically spidered search engine (and most search engines do attempt to keep themselves warez-free).

    David Hume has a good few words to say about this, if I could only remember them.

    jsm
  • With MP3's, you can create your own CD, promote and sell it on the web

    So says the hype. I've been down this route with my band for a demo tape, recording the instruments on my soundcard, using a multitrack app etc., and then the band went into a studio and recorded a 6-track EP; we could just about afford it. The audio quality was reasonable but not great.

    The fact is that without access to expensive studio equipment it is extremely difficult to get a master recording at a high enough quality to sell. Getting a record deal makes this a lot easier as the record company pays for the studio (in exchange for most of your profit...) So, unless you're willing to sink pretty much everything you have into equipment and studio time, record companies still have a pretty big part to play for most bands. Plus, of course, it's a chick-magnet being able to say, "oh yeah, well, we got our new record deal last month" :)

    axolotl
  • Just another tought: I don't think it's legal to copy the article from idg.se, even if it's translated. So ironically Slashdot could be sued for the same crime...
  • Phonographic ... not pornographic ... gee we are not all blond bimbos with hugh .. yeah you know what.
  • The problem isn't linking in general. The problem is linking to something which breaks the law. Like it or not, posting .mp3s is a copyright violation. Knowingly pointing other people to them is aiding and abeting.

    (Warning: extreme example coming)

    Say you had a friend who you KNEW killed people for a living. Say someone came to you and said, "Hi! I'd like to have someone killed. Do you know who I can go to?" You say, "Sure! Just go ask my friend."

    (If this is too extreme, think of the neighborhood/dorm drug dealer rather than a hit man.)

    I don't see much difference between acting as a reference in meatspace and providing a link on the web. Have you commited a crime by knowingly aiding someone else in commiting a crime? Have you commited a crime by knowing that a crime is happening and not reporting it?

    -jon

  • I thought it said International Federation of the Pornographic Industry
  • Besides the chilling effect, which I also consider the most plausible explanation, they may want to use their loss in court as a political argument, hoping to "improve" copyright legislation to deal with people telling where to find pirated stuff. I don't think they'll lose any sleep over the millions in damages this teenager wasn't ordered to pay.

    With all the free publicity you get from suing teenagers, their presumed ingenuity but limited financial resources, and the desire of the legal system to prosecute juvenile delinquents with priority, teenagers with computers seem to make excellent legal guinea-pigs. Perhaps the babelfish wasn't too far off calling this guy a "tea rodent"...

  • The biggest empires of this century have been built on copyrights and patents.

    In itself, this is not too much of a problem. However, if you look at the initial motivation for copyright protection, you can see that the law was there to protect the weak and the poor, the writers and inventors. How can we reconcile the outcome of one full century of copyright protection, with the fact that the music industry seems to benefit from copyright laws so much more than the artists who were supposed to be the main beneficiaries? Does Bill Gates need protection from us, or is it rather the other way around?
  • You have tragically confused civil laws
    with criminal laws. You are using criminal
    law examples to illustrate a civil matter.
  • > Is promoting copyright abuse by others illegal, though? Is it as illegal as the original copyright abuse was? I'll agree that it sounds like the guy knew what he was doing: pointing people to mp3s which were illegally available on the web. Whether or not he had a guilty mind, however, shouldn't affect the law.

    > The law should either specifically state that assisting others in breaking copyright law is illegal, or else it isn't. If it is illegal, then that sign at my local library that points to the Copier Room needs to come down too.


    Whoa, whoa, whoa... hold on there!

    I think it's time to rein in the horses there a bit, buddy!

    Now, let's look at what you just said... you assert that, first of all, a person's intent should have no effect on whether or not they are guilty of a crime ("Whether or not he had a guilty mind, however, shouldn't affect the law."). I see an inherent self-contradiction in there, but I'll let it pass, for now.

    Second, you claim (or at least, strongly imply) that any variation or permutation on a crime should be taken, de facto, as being the same as the crime ("If it is illegal, then that sign at my local library that points to the Copier Room needs to come down too.").

    Now, are you sure you really want to go down this path? Let's follow it a bit. Pretty soon, you come to the take-no-prisoners stance. Zero tolerance. This is the same sort of mentality that leads to little kids being expelled from school for bringing Aspirin to class (well... it's a variation of a drug, and those are dangerous! We have a zero-tolerance policy on drugs! Kick the kid out!). Or howabout the case (no references on-hand, sorry -- maybe someone could provide them?) where the guy was expelled for giving his teacher a bottle of wine as a present? Oops! Can't have that! He didn't intend to drink it? Too bad! No exceptions! Doesn't matter what his intentions were... he's guilty as charged!

    Granted, these are somewhat extreme cases, but nevertheless they follow the same principle. And it's not that big a step.

    Now is that what you really meant, or did you just not think it entirely through?

    Now, before I get too carried away, lemme add that the other extreme is just as bad. While the intentions of the accused should affect the judgement, they shouldn't necessarily become the focal-point. While in theory that would be nice, it leads all too-easily towards the dreaded thoughtcrime and the ultimate invasion of privacy that entails.

    Which is why I defend the verdict -- whatever it was in its details. I confess to not having read the original article, although most of what I've said so far relies on it not one bit. I actually trust the courts, as they are, to come up with a judgement that takes into account the intent, criminal or not, of the kid. After all, despite the fact that the judge felt that he should be convicted as an accessory, that's not how (s)he ruled. Not sure of the details; something about it not being the crime he was charged with.

    Which is fine with me.

    Okay, so call me a conservative.
    --
    - Sean
  • Does that mean that if Kevin Mitnick linked to some MP3s, he would be freed too? Oh, but he's not allowed to touch a computer, so he won't get a chance. Still, it's a convenient loophole for lots of other guests of the state.

    Time for Jon Katz to write an article about how MP3s are revolutioning the criminal justice system.

  • Traditional brick and mortar distribution channels worldwide are in a major panic over Internet e-commerce. IMHO, anything that eliminates the middleman is good for the consummer and the manufacturer. I say, bring it on !!
  • Two hundred years ago when there were wolves and marauding bears out in the woods, being inside the stockade made you safe. It also made you free to walk around outside shelters (but within the stockade) after dark. So safety made people free.

    But you have to exchange the freedom to wander the land for the safety of the compound. Exchanging one for another.

    Much the same way, if bombs and gunshot are going off all around you, it's not very safe.

    Much the same if I lock you in a box, you are very safe, but where is your freedom?

    They may not be opposing poles but there is most definitely an inverse relationship between them.
  • Something that, suprisingly no-one seems to have mentioned - apologies if I've missed it - what was the legal status of the mp3s that were linked to?

    People have been assuming (it seems to me) that they were illegal bootlegs, but some of the comments imply that they were legal, but not intended for public distribution.

    What is the truth?

  • Ever wonder why warez links on sites like Xoom or Geocities go down usually within a day or two?
    I am sure most reasonably big companies *have* people searching the web on daily basis, probably using AltaVista. Or more likely, they subcontract that work to someone else.
  • He shouldn't have had to change a thing. If someone asks him to do something that isn't legal/morally binding for him it's his right whether or not to do it.

    That's freedom.
  • You have tragically confused civil laws with criminal laws. You are using criminal law examples to illustrate a civil matter

    Since civil suits are brought by citizens against other citizens and criminal suits are brought by the government against citizens, it appears that this was in fact a criminal case. I've mixed up nothing.

    In fact, the burden of proof is far lower in civil cases than in criminal cases (preponderance of evidence vs. beyond a resonable doubt). Ask OJ Simpson about that.

    -jon

  • I don't think it's correct to say that there is an inverse relationship between freedom and safety. There are times when increased freedom results in increased safety. There are also times when an individual has both their freedom and safety reduced at the same time.







    Take for example somebody who is locked into a really bad prison. Their freedom has been taken away, and at the same time the prison may be a very violent and dangerous place. They have lost both freedom and safety. Conversly, when they are later released from prison, they may live in a much safer place and hence have increased both freedom and safety.







    Going back to the earlier example of the "safe" compound and the "dangerous" wilderness it is easy to show that freedom has nothing to do with it. If you are in the compound because you choose to be of your own free will, then you enjoy some level of freedom. Just because I choose to live in a safe place instead of a dangerous place doesn't mean that I am less free. It just means that I am prudent.







    On the other hand, if I live in the "safe" place because I am a slave and my owner doesn't want to risk his investment by letting me wander around where it's dangerous, I'm not free at all. Or, maybe my owner thinks he can get the most out of his investment by forcing me to fight lions in the colloseum. Either way, my "safety" isn't related to my "freedom".
  • I'm glad the courts decided to let him go.. I mean, cmon... IMHO, I don't think MP3s are all that bad. There's no way I would have bought some CDs without listening to a couple of the MP3s first... but whatever, no one cares about me anyways.
  • by Mandoric ( 55703 ) <mandoric@sover.net> on Wednesday September 15, 1999 @12:41AM (#1681266) Homepage
    Although it's good that he got out, there's stiull the issue of linking and the nebulous "assisting copyright crimes".

    For example, say I, at school, decided to use a cd burner to record a song? Since it's their eq, would that be "assisting copyright crime"? What if I give someone a MP3->.wav converter? Or for that matter a CD ripper? Have I "assisted copyright crime"? The entire charge is both nebulous and overreaching. If I send an MP3 to someone under the assumption (which may well have been stated on his page, although I honestly don't know) that they already own the CD, and they happen not to, does that qualify?

    Sorry about mixed-upness, it's not even 1000...
  • by Ratface ( 21117 ) on Wednesday September 15, 1999 @12:55AM (#1681267) Homepage Journal
    17 year old freed in Swedish MP3 case

    The court in Skövde said that the 17 year old who had links from his homepage to MP3 files is acquitted. The reason is that the 17 year old didn't spread the files, but simply linked to them.

    Today the verdict was delivered in the highly publicised case against a 17 year old who linked to MP3 files. The charge was crime against copyright laws using MP3 digital media.

    Although he is now free, the court said he was guitly as an accessory to copyright infringements. But because he was not charged, he can go free.

    First legal case in Europé

    The case deals with the music industry's worries about pirate copying of music and the case is unique - the first time that an MP3 case case been taken up in Europe.

    It was the recording insutry's IFPI, International Federation of the Phonographic Industry, who prosecuted the 17 year old. The organisation has pressed for a fine, but copyright violations can carry a sentence of up to two years in prison. The IFPI has not said that it will not appeal the decision.

    The court followed the line given by lawyer Per-Olof Almers. He argued that the case was not a crime. The 17 year old only showed interest in other's MP3 files.



    (Very quick translation indeed)
  • Wonder what would have eventuated if he got done over... Although in a way it does make sense to prosecute someone for knowingly linking to illegal mp3's

    *winces at the thought of getting flamed for screwing up*


    The one day some DJ's declared...
    "Let this house be progressive!"
  • IT seems that just being on the internet is going to become an offence soon.

    I assume since this incident they'll start cracking down on people with links to warez, cracking tools, exploits or pretty much anything they think can be classified illegal

    once they start arrasting people for linking .. what stopping them from setting up a site with warez info and arresting ( try anyway ) everybody that connect to the site on attempt at piracy ( since you connect to the site knowing that it contains warez .. would be the same as being arrested in a club when you are underaged and know you're not allowed there or at somebodies house where drugs are used and they get busted etc etc ..

    In south Africa there are few laws covering internet crime .. but this is also not good ... but I'm glad we are not so high on the crackdown list as other countries
  • by The Musician ( 65375 ) on Wednesday September 15, 1999 @12:58AM (#1681270) Homepage
    peenkoonicurn [lysator.liu.se] vreetes "Zee teee sooed fur leenking tu MP3 feeles [slashdot.org] hes beee freed by zee lucel cuoort [nyheter.idg.se] (zee erteecle-a is in Svedeesh vheech Bebelffeesh duesnt gruk). Zee cuoort seys thet he's steell gooeelty ooff esseesting cupyreeght creemes, boot seence-a thet vesn't vhet he-a ves eccoosed ooff he-a veell be-a let ooffff" Iff unyune-a hes fuoond un erteecle-a in Ingleesh, pleese-a i-meeel hemus [mailto].

    Bork Bork Bork!

  • If "they" (whoever that might mean) do start "cracking down" on folks with links to warez, that *will* spell the end of MyNetscape! ;)

    Seriously - they have a channel called 'bestofwarez'... which I think is a *good* idea, in much the same way that some people think legalising cannibis is a good idea. It removes the "shock! horror!" interest factor, so people won't want to do it as it isn't revolutionary any more.

    Let's have some real psychology in the legal process, for a change.
  • Nope, it seems like this was a criminal proceeding alright.
  • So if you link to a site that explains how the Oklahoma bombing was carried out with deatils on fertilizer bombs, can you be don for assisting terrorist crime?
    Supposing you link to a book written by an author who died sixty years ago? Changes in copyright law mean that (in Europe) it's coming back into copyright. Do you get done for that?

    The only way to stay safe seems to be: no external links.
  • that if I set up a site to point the finger at copyright abusers and link to their sites, that I'm assisting in the crime?

  • Oh, I agree entirely :)

    MP3s should be entirely legal. Rather than screwing around with those who believe in free noise as well as free speech (and possibly free beer), why don't the courts clamp down on the music industry instead?
  • It seams to me that if having one level of indirection is illegal then having n levels would also be.

    Pretty damn silly :-(

  • by kzinti ( 9651 )
    I thought the fellow was being sued -- that is, a civil proceeding, not a criminal proceeding. Thus reading that he has been "freed" by the court leaves me a little confused. Perhaps this is a translation error?

    --JT
  • 17-Year-old freed in Swedish MP3-matter

    (1999-09-15 14:12)
    Tingsrätten [approx. "district court"] in Skövde [an administrative region in south-central Sweden] reports that the 17-year-old who had links on his home page to websites with mp3-files has been freed [exonerated?]. The motivation is that the 17-year-old hasn't distributed the mp3-files, but has only pointed them out [linked to them].

    Today the decision was handed down in the noted case against a 17-year-old who linked to home pages with MP3-files [sic]. The charges were violation of copyright law via digital MP3 technology.

    Even though he is now exonerated[?] of these charges, the court considers him guilty of abetting violations of copyright law. But since he isn't being charged for it, he is allowed to go free.

    First case in Europe
    This case is about the music industry's concern about pirating musik and the case is unique -- it is the first time in Europe that an MP3-case has been taken up in Europe [sic].

    It is the record companies' branch organization IFPI,nternational Federation of the Phonographic Industry, that has brought this case against the 17-year-old. The organization has pushed for daily fines, but violations of copyright law can yield up to two years in jail. IFPI has not yet indicated whether the organization will contest the decision.

    The court followed lawyer Per-Olof Almer's line of reasoning. He doesn't view the accused's actions as criminal. The 17-year-old has only pointed out interested parties to others' MP3-files.

  • What if that person links to something legitimate, but then someone else buys the domain name and puts kiddy porn on it (assuming you get busted before you find out the link is bad)? You didn't originally link to something illegal. Could you sue them for changing the content of a site you linked to? Seems just a reasonable to me. Or, how about printed books? If I write a book, and I list another book as reference, can I be arrested if that book is considered illegal? As my wife says "We need to put all of the stupid people on an island and nuke 'em".
  • Could I then be prosecuted for having a link to Slashdot on my page? :)
  • Isn't this like that article ages back about a Dr. that sued Demon Internet for someone posting a deflamative comment against him on usenet?
    The idea being that Demon Internet 'hosted' the article thus were in some way guilty for that.

    Are you still a 'co-conspirator' if you have a link pointing to the root of ya mates page somewhere, www.blahblah.com/mate and he has a www.blahblah.com/mate/mp3 dir?

    So ummm, glad he's free - just seems extremely dumb to me... Hell imagine if every major company employed someone to spend time surfing the web looking for their copyright material...
    Maybe it's not that far off (cringe)?

    my 2c? nah - just my non-sense...








  • They might as well sue Department of Transportation for creating and maintaining the highways that criminals drive on to commit their crimes.

    When you assist you make and ass of 'i' and 'st' .... ummm, *g*


  • Well, he was linking to them, helping them locate them, and hence, assisting in the crime.. If the school KNEW what you where doing and allowed it, then yes, they would. He knew full well what those links where..
  • Oops. I did a double-take when I read that post. I suppose my second take was as accurate as the first one.

    Heh.

    Doh!

    -awc
  • The IDG article actually says (translated as careful as I can):

    "Even though [the 17-year old] is now acquitted it is possible that he is guilty to the charge of `assisting an offense against the copyright law'. But as he was not tried for this crime he is freed."

    Maybe not beautifully translated, but perhaps somewhat clarifying. It seems to me that this underlines that he was not tried for this charge, and therefore we can't really tell wether or not he was guilty.


    BTW: An IFPI lawyer claims that "the court has not properly understood the technical details of deep-linking etc." (My free interpretation, just heard this on the radio).
  • I think they did it because of the chilling effect this will have on others who link to mp3s. If you can get sued by merely linking to those files, then you probably won't link to them and this will slow the spread of illegal mp3s at least a little.
  • I wonder how this will affect music and distribution, for the future. Hope these actions turn around and bite them in the ass.

    I personally have this dream of musicians grouping together not only for the aim of making music but also to distribute their own music for free.

    The idea is very similar to the concept of getting free software and paying for the service. From what I hear, musicians don't really make that much money from selling their albums. Any real money is made thru performances. Sites hosting groups of musicians would distribute the MP3s for free, promotional samples if you will of what they will be performing live.

    There wouldn't really be much loss since almost all the gains of cutting a CD goes to the Label. And since you're only making a few tracks, the cost of studio time wouldn't be to difficult to manage on your own.

    There are a few sites I've stumbled across that sort of do this, but unfortunatley:
    a) they didn't really have the talent to back the idea.
    b) the site was small and really wasn't able to be a platform for promotion.
    c) the bands were caught up in the notion that producing a CD was what it was all about.

    My perception of whats happening is that the music industry is financially suffocating both the artists and the fans. It would be nice to see the major artists that do own their own labels take a cue from the internet culture, adopt this stragety, and make it viable. Can it be done?

  • Is promoting copyright abuse by others illegal, though? Is it as illegal as the original copyright abuse was? I'll agree that it sounds like the guy knew what he was doing: pointing people to mp3s which were illegally available on the web. Whether or not he had a guilty mind, however, shouldn't affect the law.

    The law should either specifically state that assisting others in breaking copyright law is illegal, or else it isn't. If it is illegal, then that sign at my local library that points to the Copier Room needs to come down too. In some cases, promoting a crime is illegal - for example, inciting a riot. But those cases are normally spelled out in the law which involves the original crime. What does the Berne Convention have to say about encouraging copyright violation? That is probably the relevant law in this case.

    It seems like the music industry is going about this backwards anyway - there are likely many more sites that link to mp3 sites than sites that actually provide the mp3s themselves. If they were really interested in stopping the problem, they would go after sites which provide the mp3s in the first place, and the problem of people linking to mp3s would be solved. It appears that they're trying to annoy people with a marginal connection to the copyright violation rather than solving the copyright problem at its root.

  • Say you had a friend who you KNEW killed people for a living. Say someone came to you and said, "Hi! I'd like to have someone killed. Do you know who I can go to?" You say, "Sure! Just go ask my friend."

    BUT!

    If someone didn't ask and you were discussing Dan Quayle 2000 campaign with him and during the conversation you said... "BTW, I have a friend called Mike, who is a hitman."

  • I think it could be argued that the difference lies in whether or not the information has the potential to be used innocuously.

    For instance, if you walk into a 'head shop', you'll find a vast array of bongs, pipes, rolling papers, hydroponic systems etc. Ninety-five percent of them are surely taken home and loaded up with pot, but the fact that they can be used to smoke tobacco and other legal substances gives the storeholder the right to sell them.

    In the case of the teenager, he might have a defence if he argued that he was somehow aware of the identity of the undercover cop, and was passing on the information to assist in bringing the dealer to justice. Otherwise he was certainly providing that information on the basis that it would be used to commit a crime.

    With this approach, it would be straightforward to argue that linking directly to an mp3 file consituted an offence; less obvious that linking to the http://mp3.warez.com homepage was illegal; and very hard to argue that linking to a site which provided links to mp3 files was illegal (unless that site provided no other information).

    Hamish
  • Although it's good that he got out, there's stiull the issue of linking and the nebulous "assisting copyright crimes".

    Well, I don't think he would'we been convicted for that either. Because in Sweden it's legal to make copies of copyrighted material for own use. That is you are allowed to make copies of any published work, with three exceptions, buildings, computer programs and digital copies of digital collections.

    I've heard people say that music CD's are considered a computer program, but I don't think a court would agree. You might also argue that a CD constitutes a digital collection, but that's doubtful and easy to work around (just mix the songs with other songs).

    That brings me to the conclusion that your free to make copies of mp3's for personal use. So linking to mp3's could be considered helping people to make copies for personal use which is legal. It could of course also be considered helping someone distributing mp3's, which is illegal.

    Anyway I don't think he would have been convicted for "assisting copyright crime" and that's probably why he wasn't tried for that.

    I should also say that I'm not a lawyer, so this is just a laymans interpretations of the law.

  • This was on the news here (though pretty deep in the broadcast) tonight, and one of the channels (the youth oriented Mtv clone) had an interview with the a representative from IPIF.

    He said he felt the court had misunderstood the technical nature of the Internet (personally I would say he is the one who has missunderstood it) and that they would most probably appeal it. Court cases can always be appealed here.

    He did however concede that the topic was a "difficult" one.

    Ironically, I have never seen mp3s mentioned on the news here before this case. As an mp3 supporter I think it did us more good than bad here. There is nothing like getting a hand from the enemy.

    Oh, and, Kids: Go ahead an pirate all the music that you want, but when you pirate an album, put 1$ in an envelope and send it to the artist. That is more than he would have seen of your 15 for the album.

    -
    /. is like a steer's horns, a point here, a point there and a lot of bull in between.
  • So if a guy waltzes into a store and grabs a couple of items, walks out and didn't know he had to pay, that doesn't qualify as stealing?

    The law doesn't show mercy for ignorance... just a little bit of leniancy.

    If I send an MP3 to someone under the assumption (which may well have been stated on his page, although I honestly don't know) that they already own the CD, and they happen not to, does that qualify?

    In that case they might lessen the charge slightly, just because you didn't know... If you could get the charges dropped by saying you didn't know something, then we would have alot of criminals out on the street 'not knowing' what they are doing.
  • Ok moderators, you know what to do with the above.
  • If all stupid people were removed, only smart people would remain? Evolution in action. Why it is so good that people dont take responsiblity for themselves, others have to prevent them from making the bad choice. Lets leave the keys in the ignition, bust all the car thieves, when all bad people are removed, only good people remain free and no more need to take the keys with you.
  • This whole trend is just alarming. People sueing people over everything published on the net. While the illegal use of mp3's is not something I applaud. I am concerned that soon the web will be useless because no one will be bale to publish anyhting without fear of reprisal. For instance the whole "gif" issue. I create gifs for my own use on my own website using the gimp. Next things I know unisys or whoever wants to make me pay them $5000 for publishing something I didn;t make a penny on.

  • I've asked around here at work as well as some friends around the globe and it seems to be the trend. I.e via a MP3 sample they find out if they like it, if they do they buy it. Cool. But what is the motivation behind this? Is it a feeling (integrity, if you like) that some financial recognition should filter back to the artist. Or is the portable convenience (of a CD) the prime motivation for actually buying the original. I would like to believe it is the first, thereby encouraging artists to make their work freely and widely available but only if they have the confidence that enough people will actually buy their stuff in the end. If portability is the prime concern, what would widely available (embedded/portable) MP3 players have on this? Personally I would like to see money flow back to the artists, but to make this a reality the music industry has to change its modus operandi. In such a way at least that the internet can be used as a medium to distribute music, but that the artists get some recognition in the end.

    ...by the pricking of my thumbs,

  • Hmmm, that sounds more like German. Swedish is more challenging. How about:

    Teenen hu vas sewd foer lankar til MP3 filer har bin fried buy lokale kort. Korten say him are gillty still av hjelping kopieratt kreim, bat sints det warnt vad him were charged with, him vas let gaa.

    Since Svenska looks like badly written Engelska in the first place, I think it's harder to fake.

    -M
  • thank god I'm not american :P, I should be grateful I have reason to be naive :)
  • AC is as AC posts ;)

    Copyright is hard to enforce but that shouldn't be taken as a green light to just go ahead and flaunt it.

    I presume, from the tone, that you don't have anything out there from which you make money? What would your feelings be toward someone who uses your products/services without paying for them? That's your livelihood, that is. Sure, only a small ripple on the human ocean, but a large wave in your local pond!

    Actually, I think parking violations can be fairly serious, too. In the same way that someone parking for 90 seconds outside a shop to pay a newspaper is less serious than someone parking so as to block the ambulance entrance to a hospital, so there are degrees of copyright abuse.

    Incarceration is harsh, I agree, a fine might be enough - but let's see some fines start to get meted out, then.
  • FWIW There is a difference between the cases I mentioned - in the first one it's a set-up, in the second the kid is aware it's a cop and is providing the information to *assist* the cop (a probably-good thing) rather than to forward trade towards the baddie (a Bad Thing).

    I'd agree though, the mandatoriness of the life sentence is crap too though.
  • The judge might be powerless. In the UK, and the US (and possibly other places) The jury has the power not to apply a bad law. I would guess that a mandatory minimum sentence far outweighing the crime would count as a bad law !

    A quick search on altavista revealed this link for those interested in more information

    www.buildfreedom.com/tl/ffp04.shtml

    Stephen
  • You make a good point considering intent, but I think you've misconstrued part of my post. I'm not saying that any variation on this crime should be considered the same as the crime. What I'm trying to point out is that the two variations we're discussing (linking to copyrighted material which may be available to make illegal copies, and pointing to a copying device which may make illegal copies of copyrighted material) are similar enough that making variation A (the mp3 linking) illegal would be just as silly as making variation B (the copier room at the library) illegal. In both cases a crime is committed by those who illegally reproduce copyrighted material. This does not automatically make it a crime for someone to point you to a way to commit copyright infringement, however, and that's what the court in this case is asserting.

    Now, if there is an applicable law which states that this linking is illegal, then of course the defendant could be prosecuted under that law. My original point was that the presence of a law against illegal copying does not explicitly mean that the law also can be applied against pointing people to a place where they can commit copyright infringement. If you asked me for directions on the street, and I told you how to get to the bank, and then you robbed it, that doesn't make me a robber, for example. Of course, there's still the question of intent.

    As far as intent goes, I would much rather have more specific laws rather than depend on the arbitrary interpretation of vague laws by the judiciary. You pointed out some very good examples of laws that were too broad - expelling children from school for any drugs, for example. In these cases, we don't need to make exceptions to the laws on the basis of intent, we just need more specific laws so that exceptions are unnecessary. This is again the same point I was making before - it is wrong to interpret a law to make more things illegal than are explicitly stated in the law. If there is a specific law forbidding something, then breaking the law is illegal regardless of intent. Contrariwise, if there is no law, then you haven't done anything that was illegal by definition, even if you did it with bad intentions.

  • It's good to hear that some local authorities will not bend to the pull of big buisness. BIG buisness that will ultimately suck the last $ from a comsumer when we all realize the music on bootleg and indy sites (+usenet) is actually better than the latest from sting and brit(sic) spears. I'm not holding my breath.
  • Hmm... I guess Altavista quite knowingly links to a lot of warez pages.

    That surely does NOT make sense. Since most people have a free will (and there are laws governing the actions of those who don't) we can, in our very self-conscious, lawful way choose not to download copyrighted material (or kill, steal, whatever..) just because we are presented with the opportunity.
  • by BootHead ( 41384 ) on Wednesday September 15, 1999 @01:19AM (#1681311)

    Mp3's is the only thing that can save music from itself at this point. Having worked in the music buisness ( Before my transforamtion into an uber-geek ) I can assure you every major record company is scared out of their pant's. The biggest worry they have is not really copyright issues. It's the fact that music act's don't really need record companies anymore. With MP3's, you can create your own CD, promote and sell it on the web. Look to Public Enemy for an example,

  • So what if I linked to somewhere that linked to illegal sites?? could I get sued then?? also, why haven't music companies sued all the search engines ?? Shouldn't it be part of their responsibiltiies to filter out illegal links ?? If this suing isn't restricted to the source, the internet will become like america and everyone will need a good lawyer .. :(
  • Well, if linking to warez is illegal, we'll soon get quickly moving underground warez-links sitez and people will link to those.

    Will they then get sued for linking to a site that links to a site that has warez?

    Researchers showed that the Internet is 9 clicks wide, so pretty soon all the Internet will truely be illegal.

    EjB
  • Mmm, yeah, "acquitted" was the word I was hunting for, not exonerated. For clarity's sake, Skövde is a city; it's the "county seat" of a region in Västergötland.

    It's funny, but when I went looking for an article in Swedish about this topic the other day, I couldn't find anything. But this item implies that the case got a lot of press.

  • According to one of the morning papers over here it was a criminal proceeding. Had the poor sap been found guilty he would have faced moderate fines, but a conviction would also have opened the door to civil proceedings in which IFPI could have been awarded significant damages.

    I can't help but wonder why IFPI chose this as their first case in Sweden. They could have charged someone who was actually disseminating MP3 files, and would almost certainly have won. Instead they chose to persue a case that they were very unlikely to win. Can anyone figure out why?
  • by Greyfox ( 87712 ) on Wednesday September 15, 1999 @01:23AM (#1681317) Homepage Journal
    The courts have long since determined that if you buy a tape or CD, fair use allows you to copy the tape or tracks off the tape for your own use. Your own use does not include posting it on the internet, but if you buy a CD burner and use it to take your favorite tracks off several CDs and put them on one CD, fair use covers that. Of course, the music industry doesn't think that should be allowed but they're just a bunch of greedy buttholes anyway, and you can tell them I said that.

    Likewise encoding huge chunks of your CD collection onto one CD using MP3 compression would also be covered under fair use as long as you don't give the CD away, sell it or otherwise distribute the files on it. You can use it for your own use so you don't have to stop and change CD's every 72 minutes.

    You're getting into some hazy areas with linking. IANAL, but I'll take a stab at it. Linking is just telling someone where to find something else. If you say I can be prosecuted for copyright violations for linking, you'd damn well be ready to go down that road.

    1) If I call you on the telephone and tell you where to find MP3 files, can I be prosecuted for copyright violations?

    2) If I say on a radio show where to find MP3 files, can I be prosecuted for copyright violations?

    3) If the MP3's are legit, obviously I can't be prosecuted for copyright violations.

    4) Can you prove I knew the MP3's weren't legit? Should you have to?

    5) If I link to a site that has displays one image that violates copyright laws, can I be prosecuted for copyright violations?

    6) Do I have to ask permission before I do this? [usatoday.com]

    You'd better be willing to answer "yes" to most of these questions if you want to go down that road. Apparently the RIAA is willing to answer yes to most of these questions. Are we?

  • If at all possible, I would be interested in reading this article, I am well aware of the ludicrous nature of western law, but at the same time, I cannot believe that this kid could have been so egregiously violated...do you think you could remember a detail that would assist me in the search?
  • Why haven't music companies sued all the search engines?
    They are using the great American legal tactic known as "making an example out of the little guy". The heavily capitalized search engine companies have too much money for lawyers to be easy to crucify.
  • It may be a bad thing that you can be arrested for helping others break copyright laws, but it's certainly a very good thing that *linking itself is not a violation of copyright*, which is implied by the judge's decision.
  • by Kartoffel ( 30238 )
    Not that it really matters, but they claimed that the web was 19 clicks [slashdot.org] wide.
  • What you're talking about isn't any different from any other small startup. You've got some people together with nothing but an idea and some talent (one hopes) to realize it. What you don't have is the money to make it happen. You want an audience; the audience wants quality (among other things). Quality costs money.

    Maybe, if your band is good enough, you can attract financial backing. Startup capital. Sell shares of your future earnings for what you need to get going now. If you have commercial promise, why wouldn't investors go for this?

    Of course, most bands suck, just like 90% of everything sucks. Investors need to spread the risk around, so maybe a group of them will wind up backing 100 bands, and a couple make it and make up for the rest. Everyone's happy, everyone gets paid, the bands get to do their thing, except for those who couldn't even make the initial cut (keep the day job..) Investors will get together and form some company that supports bands with at least some promise in the that some, even a tiny few, will pop. And since there are so, so many bands, the people with the money would have enormous leverage in any deal. Bands need them much more than they need any single band. It's venture capital plain and simple.

    Of course that's the music industry. Why would - or should - it be any different than, say, tech?

  • 1) If I call you on the telephone and tell you where to find MP3 files, can I be prosecuted for copyright violations?

    According to the judge in Sweden, no. But you could be prosecuted for helping others commit copyright violations. (IANAL.)

    So linking to USA Today would not be illegal, unless you did so in order to help others rip images from the site or something.

    There was a stupid judgment in the UK (Scotland, I think, probably applies to the rest of the country) where one local newspaper's website was ordered to stop linking to another paper's site. I'm not sure what the justification for this was, certainly they hadn't copied anything, nor were they inciting others to illegaly copy things.

  • The report on the major and respected newspaper Svenska Dagbladet's web site (www.svd.se) contradicts what has been reported here somewhat.

    "The prosecutor never charged the 17-year old with assisting a crime. Therefore the court does not take any stand on that issue."

  • Now that I've remembered that story, I'd like to read the article, too. :)

    Unfortunately, I didn't read it, I saw it on some news program on television. Other than the information I posted above, the only other detail that might be useful is that I seem to recall the state that this took place in being Michigan. I could be wrong on that, though.

    I'll do a little checking around. If I find any relevant details, I'll post them here.
  • The judge also implied that the teenager would have been found guilty of being an accessory to infringement of copyright, had the relevant charges been drawn. So it's not much comfort that linking is not a direct violation of copyright, because the intent is in many cases more seriously viewed than the crime (for example in our country, I think it is true to say that talking about causing grevious bodily harm with another person (i.e., conspiring) carries a greater penalty than causing actual bodily harm itself.

    Hamish
  • The court says that he's still guilty of assisting copyright crimes, but since that wasn't what he was accused of he will be let off.

    Sure he may be guilty of assisting in the crime. But how can they appeal the judgement of the case if the court says that wasn't the crime he was being accused of. There appeal will IMO be a waste of money. If they want to sue someone tell them to sue themselves for utter stupidity

  • I have a Visa credit card. I am sure quite a lot of the people in America have one too (considering how easy they are to get). Mine is through Bank of America - so I am going to limit it to that.

    Tommorow, I've decided to put up a page showing every possible combination (it would be a BIG page!) of 16 digits for a BofA Visa credit card. I will put on it a big title that says "Some of these numbers are actual accounts! Use them as you like!".

    Would this be illegal?

    Should it?
  • by Anonymous Coward
    It's just nice to know what a big deal was made about the guy who linked the files. But what about the actual mp3s? If they resided on a server outside the country someone was linking to... well, sounds like an "international crime" to me! But if they didn't, doesn't it make more sense to deal with the source and not the links? Who knows how many other links to the same files there could be... and perhaps its better that way.
  • by bonehead ( 6382 ) on Wednesday September 15, 1999 @01:30AM (#1681331)
    This case vaguely reminds me of another case I heard about a couple years ago. I'm a littly sketchy on the details, gut the gist of it was:

    An undercover cop walks into a party. Asks a teenager if he had any drugs for sale. The kid says "No, but that guy over there might." The cop proceeds to buy a large amount of, if I recall correctly, cocaine from the person the kid pointed out.

    The kid is prosecuted for his "active participation" in this drug deal, and since the amount purchased crossed over some legal limit in that state, he received a mandatory life sentence with no possibility for parole.

    So this is not just an Internet issue. In both cases a fairly innocent teenager was prosecuted for nothing more than passing along information.

    It seems to me that the prosecution of someone who merely points out where something is available is simply one more way our society has devised of removing responsibility from where it truly belongs: with the person actually committing a crime.

    What's next? Do I get a speeding ticket for telling someone "If you push that pedal on the right further down, your car will go faster."
  • The only way to stay safe seems to be: no external links.

    looks like it's time to choose between freedom and safety again.

    One of the main problems is that in this country (US) we have allowed our government to be run by businesses, they then make laws to protect business which are then moved through the U.N. and treaties to the rest of the world (and vice-versa). Then even changing a single government won't get us out from under unjust laws. My advice for this particular set of misguided laws, just keep breaking them until they turn to dust.
  • It's not all that nebulous ...

    Obviously in a "nineteen clicks wide" network, then the chances are that the majority of all web pages are in some way "linking to" illegal material.

    But there's a difference between that and putting up your fabulous "list of warez/mp3z site" which is obviously designed to promote piracy. Just as there's a difference between writing technical specs for Ma Bell and publishing "How to Get Phone Calls Free", even though you got the information for the one from the other.

    It's an ambiguous issue, and there's no clear-cut way to decide it (if there were, the books of laws would be a lot shorter). The legal concept would be mens rea or "guilty mind". So, did the guy know he was doing something bad, but thought that the technical facts about the Internet would mean he couldn't be caught for it? If yes, then guilty he is.

    On the other hand, music copyright law is a pretty bad law anyway, and deserves to be broken. If I ruled the world, I'd replace the concept of mens rea in copyright cases with:

    jsm's Principle of Not Taking The Piss:

    Trade mp3s if you like, but don't take the piss. Remember that they are actually someone's work


    Oh, if only the world would put me in charge . . .

    jsm
  • Vem fan startade den här "Bork bork bork!"-grejen?
  • I've read this article [wired.com] a few days ago on Wired News [wired.com].

    According to the executive director of the Electronic Frontier Foundation (EFF) [eff.org] piracy is not the key issue facing the music industry. She feels that by locking down internet music distribution people might be encouraged even more to 'steal' [music].

    This was said in front of a lot of music industry suits at the recent Digital Distribution and the Music industry '99 [firstconf.com] conference.

    I've seen a lot of arguments for the free electronic distribution of music via the internet. One that usually surfaces is that people will be encouraged to buy the original after having easy&free access to it.

    My question is: will people or are people currently doing this? I have to admit that the most of the MP3's on my workstation != the CD's in my car!

    ...by the pricking of my thumbs,

"Gravitation cannot be held responsible for people falling in love." -- Albert Einstein

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