Subj : Should EMulation....
To   : Digital Man
From : Amcleod
Date : Fri Jun 09 2000 09:19 am

RE: Should EMulation....
BY: Digital Man to Amcleod on Fri Jun 09 2000 03:13 pm

 > Because Naptster is simply a means of sharing MP3 files and not all MP3 file
 > are illegal to share (many artists, like Weedpuller, release MP3 files for f
 > for promotional reasons). There is certainly a hell of a lot more piracy goi
 > on through FTP and HTTP servers, but you don't see anyone suing the makers o
 > the FTP and HTTP server software.

Rob, you wrote (and are continuing to develop) the SBBS HTTP/FTP servers.  Now,
if I were to set up an HTTP/FTP server in (say) Boise, Idaho, and packed it
with MP3 tracks, (including Weedpuller tracks that your band has _NOT_ released
to the public), would the copyright holders of the music in question have a
right to sue _you_ the author of the SBBS HTTP/FTP server?  In my opinion, the
answer is obviously NO.  However, wouldn't those artists whose music was being
"pirated" (including Weedpuller) be entitled to sue _me_, the person who was
breaching your copyright?  Obviously YES.

Similarly, if _you_ were to offer an service that was instrumental in the
copyright violations, then you too would be liable.  Not for being the software
author, but for being the service provider.

.