Comment Re:For the "napster's just a search engine" ninnie (Score 1) 520
Who said napster's just a search engine?
If your network was advertised as a pornography distribution network, then it would be perfectly legal in itself, even if end-users decided to distribute copyrighted or illegal porn on it.
If it was advertised as an illegal kiddie-porn network, that's different. Yes, Napster may be snickering behind their desks about what this is causing the MPAA to have to go through, but that's not illegal. They are not, however, encouraging users to violate any law. And lack of discouragement is not encouragement. And lack of discouragement is not illegal, so long as it's not impeding the copyright holder's ability to actively police illegal distribution of their work (hence the DMCA).
If your network was advertised as a pornography distribution network, then it would be perfectly legal in itself, even if end-users decided to distribute copyrighted or illegal porn on it.
If it was advertised as an illegal kiddie-porn network, that's different. Yes, Napster may be snickering behind their desks about what this is causing the MPAA to have to go through, but that's not illegal. They are not, however, encouraging users to violate any law. And lack of discouragement is not encouragement. And lack of discouragement is not illegal, so long as it's not impeding the copyright holder's ability to actively police illegal distribution of their work (hence the DMCA).
