Wired: Good Gnus in Napster RulingFeb 14, 2001, 18:38 (4 Talkback[s])
(Other stories by Declan McCullagh)
[ Thanks to Tim Rushing for this link. ]
"Concluded the appeals panel: 'Napster may be vicariously liable when it fails to affirmatively use its ability to patrol its system and preclude access to potentially infringing files listed in its search index. Napster has both the ability to use its search function to identify infringing musical recordings and the right to bar participation of users.'"
"That appears to leave a legal opening for file-swapping services such as Gnutella and Freenet, which are set up in a way that prevents their creators from easily patrolling the network and deleting MP3 files at the behest of the Recording Industry Association of America's member firms. While MP3 files are stored on users' machines, Napster maintains a searchable list of songs in a central database...."
"Gnutella, like Napster, is a distributed information-sharing network technology -- but unlike its more famous cousin, the Gnutella network does not rely on one central server. Also, while variants like Newtella retrieve and exchange only MP3 files, most Gnutella applications will share any type of file."
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