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Share Responsibly
File sharing is not illegal so
long as you abide by all relevant copyright laws. Sharing
copyrighted material without the permission to do so is illegal.
Click
here for important information from the US Federal Trade
Commission (FTC) about the risk and use of P2P software.
Limewire.co.nz does not condone
piracy or breaking copyright laws. The MP3 sharing tools
available on through our members area are powerful search tools
& we recommend that you use your discretion when downloading
music and movie files.
See News.com
Article:
Federal Judge Rules: File-swapping tools are legal
Original works of authorship,
including literary, dramatic, musical, artistic, and certain
intellectual compositions are protected by copyright law. If a
person publicly performs, reproduces, distributes copies, or
displays works without consent of the copyright owner could be
in violation of the law. Go to
http://www.loc.gov/copyright/ and learn more about U.S.
copyright law. Purchasing a membership in
Limewire.co.nz does not give
you license to download or upload copyright material.
we implore you to respect copyright laws and share
responsibly.
How can I stay legal?
Stay legal
and avoid breaking the law. Quick steps to stay legal:
- Make
sure there are no potentially infringing files in your shared
folders - meaning only files that are in the public domain,
for which you have permission to share or are available under
pro-sharing licenses.
- Remove
potentially misleading files names that might be confused with
the name of an RIAA artist or song (e.g. "Usher" or "Madonna")
from your shared folder.
- Disable
the "sharing" or "uploading" features on your search program
to prevent other users on the network from getting copies of
files on your computer. Music companies are focused on finding
people who share thousands of files on their computers with
the rest of the community. If you don't share - you reduce the
risk.
File sharing has been a hot topic
in several countries around the world. Below are samples of
court decisions from the United States of America, Canada, and
the Netherlands.
USA Court Decision
Decentralized File-sharing
Tools Ruled Legal
Streamcast and Grokster have won a major court decision in Los
Angeles, shifting the tides of the on-line P2P legal war.
Federal court Judge Stephen Wilson has dismissed much of the
studios' claims in their lawsuits against them, stating that
Morpheus and Grokster were not liable for copyright
infringements that took place using their software.
See News.com
Article:
Federal Judge Rules: File-swapping tools are legal
The ruling stated loud and clear that innovating decentralized
peer-to-peer Gnutella-like software is perfectly legal, and
shouldn't be deemed illegal in the courts. The courts compared
the technology with the innovation of the original Sony
videocasette recorder (VCR).
Fred von
Lohmann of the Electronic Frontier Foundation (EFF) stated the
case is far from over, but that the case sends a "strong message
to the technology community that the court understands the risk
to innovation" the case could represent
The Recording
Industry Association of America (RIAA) and Motion Picture
Association of America (MPAA) offered no comment, but are of
course issuing an appeal to the ruling already. Published By
Mike Darrah - April 25, 2003
Canadian
Court Decision
Canada's
Federal Court has ruled against a motion which would have
allowed the music industry to begin suing individuals who make
music available on-line. He said that downloading a song or
making files available in shared directories does not constitute
copyright infringement under the current Canadian law.
"Justice Konrad von Finckenstein ruled Wednesday that the
Canadian Recording Industry Association did not prove there was
copyright infringement by 29 so-called music uploaders. Without
the names, CRIA can't begin filing lawsuits against the alleged
high-volume music traders, identified only as John and Jane
Does. It also reaffirms what the Copyright Board of Canada has
already ruled -- downloading music in this country is not
illegal. Von Finckenstein said that downloading a song or making
files available in shared directories, like those on Kazaa, does
not constitute copyright infringement under the current Canadian
law. "No evidence was presented that the alleged infringers
either distributed or authorized the reproduction of sound
recordings," he wrote in his 28-page ruling. "They merely placed
personal copies into their shared directories which were
accessible by other computer users via a P2P service."
With all of the usual cavets about appeals, this decision makes
it practically impossible to prosecute file sharers in Canada.
von Finkenstein has gone well beyond the idea that downloading
is legal in Canada. By expressly mentioning "merely placing
personal copies into their shared directories" does not
constitute distribution he has blown a huge hole in the
arguments which swirled around the whole question of the
legality of uploading in Canada.
(Published April 1,
2004
http://grep.law.harvard.edu/article.pl?sid=04/04/01/0411227&mode=thread)
European
Court Decision –
The Supreme
Court of the Netherlands has thrown out an appeal by music
industry lobbyists who wanted the popular Kazaa file-sharing
software to be ruled illegal.
The victory for Kazaa, which follows similar US rulings in
favour of peer-to-peer (P2P) software firms Grokster and
Morpheus, is a huge blow to the music industry. It has fought a
long battle to close down file-sharing networks and criminalise
the software that makes file swapping illegal.
The Dutch
decision means that the developers of the software cannot be
held responsible for how individuals use it.
(Dinah Greek,
vnunet.com 19 Dec 2003,
http://www.pcw.co.uk/news/1151673) |