IP: Aimster vs. the recording industry: [risks] Risks Digest 21.42

[David Farber <dave@farber.net>]

Not to worry, they will get the law changed djf


>Date: Mon, 21 May 2001 08:33:35 -0700
>From: "NewsScan" <newsscan@newsscan.com>
>Subject: Aimster vs. the recording industry
>
>The recording industry may be hoisted on its own petard if the Napster-like
>music swapping service called Aimster is successful in its legal strategy
>against the Recording Industry Association of America (RIAA). Unlike
>Napster, Aimster (which has no central servers to maintain and leaves users
>individually responsible for their actions) encrypts transmissions, and so
>there is no way for the RIAA or any other outside party to distinguish
>between files which are in compliance with copyright law and those that
>infringe on it. Of course, RIAA could simply decrypt the files -- but then
>it would be in violation of the Digital Millennium Copyright Act (DMCA), a
>law that it strongly supports, and that makes it a criminal offense to
>circumvent encryption protection of copyrighted material. (*The New
>Republic*, 21 May 2001; NewsScan Daily, 21 May 2001;
>   http://www.tnr.com/cyberlaw/babbitt051101.html
>
>   [NB: Correct English usage is: "hoist with one's own petard" (victimized
>   or hurt by one's own scheme) (Webster via PGN)]



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