Copyright Office Pinpoints P2P Profiteers

WASHINGTON, D.C. — The U.S. Copyright Office released recommendations Friday calling for companies whose products are used primarily for the distribution of copyrighted works to be held liable as copyright infringers.

In a recommendation given to the Senate Judiciary committee, copyright officials said that federal law should target companies that profit from or attract users primarily engaged in digital copyright infringement or otherwise help cause the activity.

Under the new bill, those involved in the creation or distribution of any product or service that relies on copyright infringement to make money or draw users would be held just as liable as those committing the actual infringement.

In a note accompanying the proposal, copyright officials wrote that the recommendation reflected not only the best way to stop current peer-to-peer services used for the digital transmission of copyrighted material, but also allows for a broad interpretation that can be applied to future technologies.

According to the Electronic Frontier Foundation (EFF), the recommendation sets a precedent by opposing Supreme Court decisions and appellate case law created as recently as August.

In a written statement released Friday, the EFF said that the Copyright Office’s decision goes against the Supreme Court’s ruling in Sony Corporation of America vs. Universal City Studios, Inc., known as the “Betamax doctrine,” which held that companies can not be held liable for creating products used for copyright infringement as long as the products also have a legitimate use.

“The Copyright Office proposal undermines the Betamax doctrine for a wide array of communications technologies, while doing nothing to slow P2P companies based offshore,” said Fred Von Lohmann, senior intellectual property attorney at EFF. “So American innovators pay the price, while P2P file-sharing continues unhindered.”

The recommendation was issued less than a month after the Ninth Circuit Court of Appeal issued a decision in MGM vs. Grokster that reaffirmed the Betamax doctrine.

According to the notes accompanying the recommendation, the Copyright Office discussed the issue with many organizations before creating its proposal, including the American Federation of Television and Radio Artists, the Center for Democracy & Technology, the Consumer Electronics Association, IBM, and the Motion Picture Association of America.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

New Pleasure Product Review Site 'ToyChats' Launches

ToyChats.com, a pleasure product review and discussion site, has officially launched.

AEBN Reveals Jade Venus as Top Trans Star for Q1 of 2025

AEBN has named its top trans stars for the first quarter of 2025, with Jade Venus landing atop the leaderboard.

SexLikeReal Debuts 'AI Passthrough' Feature

SexLikeReal has introduced an AI Passthrough for video editing during VR livestreaming.

Cherry Kiss, Jordan Starr Top AEBN for Q1 of 2025

AEBN has announced its top-selling stars for the first quarter of 2025, with Cherry Kiss landing atop the leaderboard for straight theaters and Jordan Starr heading up the gay rankings.

Sportsheets Joins FSC as Gold Member

Sportsheets has joined Free Speech Coalition (FSC) as a Gold-level member.

Age Verification Watch: Two End Runs, Two Failed Bills

Industry stakeholders and free speech advocates have anxiously been awaiting the Supreme Court’s decision in Free Speech Coalition v. Paxton, which could significantly impact state age verification laws around the country. In the meantime, state legislatures continue to weigh and pass AV bills, AV tech providers continue to tout their services, and legal challenges continue to play out in the courts — with some cases on hold pending the SCOTUS ruling in Paxton.

FSC Helps Defeat Colorado AV Bill

Free Speech Coalition (FSC) has announced that, with its help, Colorado's recently introduced age verification bill has been defeated.

New AI Companion Platform 'Fantasy.AI' Launches

Fantasy.AI, a new AI companion platform, has officially launched.

XBIZ Amsterdam 2025 Show Dates, New Venue Announced

XBIZ is pleased to announce preliminary details for XBIZ Amsterdam, set to return Sept. 2-5 at an all-new host venue: the waterside Jakarta Hotel Amsterdam.

MyMember.site Debuts 'Subscriber Watermark' Feature

MyMember.site has introduced a watermark feature to its platform, allowing creators to embed subscriber info watermarks directly into video downloads.

Show More