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Music industry takes on operators of eDonkey servers

Postby zbeast » Mon Jul 16, 2007 1:57 pm

Story : http://www.heise.de/english/newsticker/news/92760

On Friday the German music industry celebrated a partial victory in its fight against the illegal distribution of music on the Internet. A temporary injunction issued by the District Court (LG) in Hamburg and served to the operator of an eDonkey server had "ordered the said operator to take his computer off-line for as long as the range of music files offered for download via the server contains illegal files," the German Chapter of the International Federation of the Phonographic Industry (IFPI) declared (File Number 308 O 273/07).
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Postby LANjackal » Mon Jul 16, 2007 2:58 pm

Remember last year when Razorback was forced offline and some of us panicked? It's 2007 an ED2K is still going strong as ever.

This ruling is only a minor setback, if as much as that.
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Postby IceCube » Mon Jul 16, 2007 3:08 pm

"We shall in future take legal action against any operator of a P2P network server who makes tracks available illegally,"


...of which EDonkey2000 servers do not.

Peter Zombik, the Director of the German Chapter of the IFPI, said on Friday. It was "sad to see the inherently beneficial P2P network technology still being used to violate copyright on a massive scale -- the availability of appropriate filtering technology notwithstanding," he added.


and 99.9% chance of that filtering technology not working, no less, to begin with.

Because the eDonkey servers do not themselves offer the files that are being shared the plaintiffs in their complaints against the operators have to rely on the legal notion of disturber liability.


Kinda like ISP's and Google perchance?

Thus according to the opinion of the court the operator of the server had "willingly and in a causal fashion assisted in the illegal disturbance," without himself having been perpetrator or participant.


:roll:

At the very latest after the receipt of a warning letter from the copyright holders the operator must have been aware that copyright violations were being committed and should have "taken effective measures" to prevent any such violations from occurring in future, the court declared.


Taking "effective measures" against an essentially decentralised network with a strong hashing system. Yeah right. :roll:

the IFPI spokesman Stefan Michalk said that the Federation believed that it was now up to the Internet Access Providers to do their part.


After all, it's only asking for the impossible. How hard can the impossible be anyway???

Even if this server gets shut down, this will have no effect on the network itself because there's plenty more servers and Kad/OverNet.
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