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TrustyFiles Introduces Legal Software
July 5, 2005
Thomas Mennecke
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On June 27th, 2005, the Supreme Court ruled unanimously that a manufacturer of any device that intentionally infringes on intellectual property rights is liable for copyright infringement. The ruling was vague enough that everyone involved in the online copyright wars accepted it as a victory. From the RIAA/MPAA to StreamCast - all hailed the decision a win for their cause.

Immediately after the ruling – and indeed before so – P2P developers began introducing “legal” versions of their software to comply with the ruling.

The more publicized software packages, such as iMesh, MashBoxx and PeerImpact purportedly reached licensing deals with the RIAA (Recording Industry Association of American.) In theory as long as these software developers maintain this relationship with the industry, they should avoid any kind of legal trouble. This was one method in keeping the record companies at bay.

However, if one were to read the Supreme Court decision it become quite obvious the Justices were dissatisfied with Grokster because it purposely marketed its software to replace Napster – an obvious tool of piracy. When P2P developers claimed a win on last month’s ruling, this is largely correct. The Supreme Court ruling was a loss for Grokster, but a win for P2P. P2P is permitted to exist and thrive permitted developers do not intentionally advertise their software for the purposes of piracy.

With this in mind, P2P developers have been quick to include anti-piracy clauses to their licensing agreements or websites, acting as an alternative compliance method to licensing. Additionally, such clauses have become prominently displayed prior to installation, giving the end-user fair notice. Such is the case for TrustyFiles, who today released a press statement elaborating on their revised software.

From the TrustyFiles press release:

“The U.S. Supreme Court unanimously held that P2P technology is legal,” said Marc Freedman, CEO of RazorPop. “It truly is our Independence Day. The highest court in the country maintained the Sony doctrine based on substantial non-infringing use. Innovators are free to continue to develop new technologies like P2P that benefit consumers and society.”

“What the Court said is illegal is people infringing copyrights and companies that induce users into such activity. We have always stood against copyright infringement. In our latest software release we make this clearer than ever before. Upon installation the first thing our users see is a warning against using our software for infringement. The message is simple, direct, and unavoidable to ensure that we are not inducing our users according to the Supreme Court ruling.”

”TrustyFiles 2.4.0.11 displays the following consumer advisory immediately on installation:”

”TrustyFiles is legal software. However it can be used illegally. Some files, such as popular music, movies, and software, are protected by a copyright. It is illegal in the United States and many countries to infringe copyrights by downloading or sharing such files. Please use TrustyFiles responsibly and respect copyrighted content.”

”Users then have the option to continue or quit TrustyFiles software installation.”

While the initial media fanfare backed a RIAA/MPAA victory, the tide has slowly turned against this sentiment. Both side in this case are able to legitimately claim victory, as MGM won the battle against Grokster, but certainly not the war against file-sharing.


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Authorized P2P :: DCIA

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