more on Music Industry Confronts New Internet Swap Threats; Netherlands court ruling provides legal protection for P2P

[Dave Farber <dave () farber net>]

------ Forwarded Message
From: Erik Huizer <Erik.Huizer () nob nl>
Date: Tue, 04 Mar 2003 14:49:49 +0100
To: dave () farber net
Subject: Re: [IP] Music Industry Confronts New Internet Swap Threats;
Netherlands court ruling provides legal protection for P2P

Feel free to distribute to IP.

Dave,

A late reaction since I was away for a few days.

I was involved in the appeals case of KaZaA vs BUMA (Dutch equivalent of
RIAA) as one of the two expert witnesses. The case was specifically about
wether KaZaA could be held responsible for what users did with its
software. I explained to the judges that if they acknowledged that, they
would have to very clearly indicate where the responsibilities for
innovators and softwaredevelopers start and end. Otherwise no one would
like to develop new products anymore, as you stand a chance of being sued
for someone doing something illegal with your product.

As an example I indicated that news was also used a lot to swap illegal
audio and video content, and we were not suing Microsoft for having created
Outlook Express.

in short the case was very much about preventing a wrong verdict that would
stiffle innovation. It is certainly not a case for go ahead and freely
exploit services that are illegal.

As an aside. BUMA argued in the appeal that KaZaA was also providiung
essential central services for the exchange of illegal content. The funny
thing is that in the original case (which they won) they had demanded that
KaZaA shut down all central services. So after the first verdict and until
the appeal, KaZaA shut down their central services. And guess what? Growth
of exchange of music files continued undisturbed. So unwittingly BUMA
provided the evidence for the appeal that the KaZaA central services were
not quintessential for exchanging (illegal) content.

Erik Huizer
NOB Cross media Facilities

------ End of Forwarded Message

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