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 © 2024 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

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Show More