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unixronin: Galen the technomage, from Babylon 5: Crusade (Default)
Unixronin

December 2012

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Monday, June 27th, 2005 05:32 pm

As reported by the BBC among others, the Supreme Court has ruled that file-sharing companies are to blame for what users do with their software.  Lower court ruliings hinged upon, and preserved, the prior Supreme Court Sony Betamax decision which states that a manufacturer cannot be held liable for criminal use of a product with substantial non-infringing utility.  In that decision, the Supremes ruled that the majority of people using a video recorder for legal uses outweighs any illegal use.

But in this latest ruling the judges sets aside [sic] this precedent and the lower court decisions and means the makers of a technology have to answer for what people do with it if they use it to break the law.

  (Garbled syntax courtesy of the BBC.)

I don't know about anyone else, but it seems to me that this has possible bad implications for product-liability suits -- in particular, for the anti-gun lobby's tactic of trying to sue firearms manufacturers for criminal use of their products.


Other news items:

Monday, June 27th, 2005 04:31 pm (UTC)
Oh yeah, the whole area's been a minefield from the start. My opinion of Napster has always been that while Shawn Fanning may have had some neat ideas technically, in the arena of making a viable business plan he gave every impression of being a drooling idiot.

The clarification does shed a rather different, and much more positive, light on the ruling.