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Date:      Sat, 29 Jul 2000 12:43:04 -0700
From:      Peter Wemm <peter@netplex.com.au>
To:        Archie Cobbs <archie@whistle.com>
Cc:        Alexander Langer <alex@big.endian.de>, "Louis A. Mamakos" <louie@TransSys.COM>, cvs-committers@FreeBSD.org, cvs-all@FreeBSD.org
Subject:   Re: cvs commit: ports/audio/opennap - Imported sources 
Message-ID:  <200007291943.MAA57302@netplex.com.au>
In-Reply-To: <200007291824.LAA34544@bubba.whistle.com> 

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Archie Cobbs wrote:
> Alexander Langer writes:
> > > > make them RESTRICTED and don't ship packages.
> > > I guess we better get rid of all the ports/packages than can "rip"
> > > audio tracks from audio CDs, too? 
> > 
> > No, private copies are allowed.
> > 
> > > This all seems a little silly.
> > 
> > No, it's law.  Maybe the law is silly.
> 
> Hang on a second here...
> 
> Nobody is violating the law simply by installing and running Napster.
> 
> You clearly violate the law if/when you download copyrighted material
> that you didn't pay for. Also, there is a legal argument about whether
> the *company* "Napster" is violating the law by providing the directory
> service on which Napster clients depend.
> 
> So IMHO there is no legal issue for the FreeBSD port.

Exactly.  But there is a big "but!".  Suppose Metalica (for want of a
better example) sues you for contributory copyright infringement.  Suppose
it is going to cost you over $100K to practically get past the first base
to say in court "I have done nothing wrong".  It doesn't matter if you are
right or not, once you're out of pocket on those sort of amounts it starts
killing you.  The lawyers know this damn well, and will abuse that to make
sure you cannot afford to contest it and that they win by default.

Anyway, it is a moot point.  Just do not fool yourselves into believing
that using napster is completely risk-free - it is not..  And right now, I
couldn't think of may worse ways to tempt fate than this..  Particularly so
if you actually are using it to copy mp3's etc.

Cheers,
-Peter
--
Peter Wemm - peter@FreeBSD.org; peter@yahoo-inc.com; peter@netplex.com.au
"All of this is for nothing if we don't go to the stars" - JMS/B5



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