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Peer-To-Peer Software Ruled Legal In The U.S.
Comments From P2PUnited; Sharman Networks (Kazaa), Streamcast Networks (Morpheus)
By Mi2N
(more articles from this author)
2004-08-13
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P2P United Statement On Ninth Circuit's "Complete And Utter Rejection" Of Entertainment Industries' Claim That Decentralized Peer To Peer Software Developers Are Copyright Infringers

Adam Eisgrau, Executive Director of P2PUnited - the Washington-based trade association of the peer-to-peer technology industry representing the developers of BearShare, Blubster, Grokster, eDonkey and Morpheus P2P software - released the following statement on the Ninth Circuit Court of Appeals' stunning and complete affirmation today of last Spring's Federal District Court ruling that such developers do not infringe copyright by developing and distributing their popular software programs used by tens of millions of Americans:

"The Ninth Circuit's complete and utter rejection today of the entertainment industries' attempts to warp long-standing, pro-innovation copyright law into a weapon against peer-to-peer technology and its developers is a profound and major victory for the American consumer and our economy. Critically, the court cut through and rejected Hollywood's and 'Big Music's' propaganda about peer-to-peer software and the P2P United member companies sued in this case (Grokster and Streamcast) to find the truth:

Peer-to-peer software is not only capable of many important and substantial non-commercial uses that do not infringe copyright, but is also used now for valuable commercial purposes, as well; decentralized peer-to-peer software programs, like Grokster and Morpheus, were built to and do comply fully with current copyright law; and before the time-tested law set down by the Supreme Court in the Sony Betamax case 20 years ago is changed, extreme caution and care is required to avoid killing a revolutionary technology in its cradle."


Morpheus' Legitimacy Confirmed! Appellate Court Rules In Favor Of Peer-To-Peer Giant Streamcast Networks

In what is sure to be hailed a landmark decision, the 9th Circuit U.S. Court of Appeals has upheld the legitimacy of peer-to-peer file-sharing application Morpheus. The decision deals a crushing blow to twenty-eight of the world's largest entertainment companies litigious attempt to curb the creation of new technologies for digital content delivery and distribution in a ruling that confirms that development and distribution of the Morpheus software does not violate copyright law.

"We value the role that copyright has played in our society, however it is innovation that has been the foundation of America and what has made our country great. As CEO, I am proud that Morpheus has become the first American P2P company to successfully win its fight for the right to continue to develop innovative new distributed communications technologies. In today's ruling, the 9th Circuit Court has affirmed our strong conviction from Day One that developing Morpheus was not just legally our right, but morally was the right thing to do."

Michael Weiss, CEO of StreamCast Networks, Inc., which produces the Morpheus software, stated, "The timing of this decision could not be better as Morpheus is about to release the 3rd generation of peer-to-peer technology called NEOnet-a technology that has been under development since 2001. I predict this new version scheduled for release in September will become the most talked about advancement in P2P for the coming years."


Sharman Networks' Kazaa Ruled Legal In The U.S.

Sharman Networks, distributor of the popular peer-to-peer Kazaa software, today stated it was extremely pleased with the decision of the Ninth U.S. Circuit Court of Appeals, which overnight affirmed Judge Stephen Wilson's ruling that the distribution by Grokster and Morpheus of peer-to-peer software does not violate U.S. copyright law.

"This is a victory for the technology industry and fans, artists and owners of entertainment content," said Rod Dorman, lead trial council for Sharman Networks in the U.S.

"As a result of this decision, Sharman Networks will be filing a motion for summary judgement, nearly identical to the successful motions filed by Grokster and Morpheus, and we are confident that Judge Wilson will find that our product, Kazaa, is a lawful product as well."

Mr Dorman said the court ruling sends some clear messages. "Firstly, litigation is not the answer," he said. "Entertainment industry executives in the U.S. must now embrace peer-to-peer technology and work with software developers and other partners to commercialise it. It is time for them to take their business back from their lawyers and steer it into the future of digital distribution."

"It also sends a message to users of peer-to-peer software that they must use the software responsibly. At the same time, users are entitled to the respect of the entertainment industry."

Related News from Mi2N:
» P2P United Statement On Ninth Circuit's "Complete And Utter Rejection" Of Entertainment Industries' Claim That Decentralized Peer To Peer Software Developers Are Copyright Infringers
» Morpheus' Legitimacy Confirmed! Appellate Court Rules In Favor Of Peer-To-Peer Giant Streamcast Networks, Inc.
» Peer-To-Peer Software Ruled Legal In The U.S.


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