If he lives in the US, he doesn't have to be. He only has to - by virtue of Sony Corp v. Universal City Studios, Inc. (464 US 417 / 1984) - prove that there EXISTS a legal use for it.

Well, I think that's oversimplifying the case, since it that precedent is not considered to be completely applicable.

But let me grant you that point anyway. There's still a problem here in that the ruling you've quoted is really a ruling about a particular technology, not a person, company, or organization that is using it. If Napster wins that point, all it means is that it can still build the software and release it.

But Napster can still be attacked for hosting a user database. That's one problem with the Napster model, is that it is not truly "decentralized", because somewhere information about the users on the net has to be centrally collected and stored.

Likewise, any individual or organization that is setting up a "MP3 sharing system" is also target for scrutiny and possible prosecution.

And really that's what we're talking about here. Look, guys, clearly I'm not going to stop people from taking MP3s from this Napigator server that they don't have legal right to. But someone on this board promoted something which is in my opinion illegal, and honestly I would like to suggest that this bulletin board should be "clean" of such things. You can easily tell me to "mind your own business"; but when one's intentions and plans are posted on this forum, they become everyone's business.

And finally let me say that I really do believe that everyone here loves the Empeg for one primary reason, because it allows them to listen to music they already own in a new an innovative way. Whether some of us choose to go the road of Napster-ism or not is a secondary thing.

If he lives outside the US, he is free to ignore US copyright at his leisure.

Good point, although most countries represented in this board do have similar copyright protection. So pick the laws of your country and change the argument accordingly.



Michael Grant
12GB Green
080000266