Kazaa et al, File-Sharing and the Acceptable Use Policy

[GilesGuthrie]

Right, I'm going to make this one clear, once and for all.

According to the Acceptable Use Policy:

You will not use these forums to violate any laws nor to discuss illegal activities.

Given that file-sharing programs, such as Kazaa, Bearshare, Limeware, WinMX etc facilitate the illegal acquistion of copyrighted material, the safest position for us all to take is to completely avoid discussing the use of these programs on GTPlanet.

The moderating staff have been attempting to ensure that members do not compromise their legal position, or that of GTPlanet, by discussing the downloading of any copyrighted material - be it music, applications or video, whilst still allowing the discussion of use of file-sharing applications. Unfortunately, there appear to be a number of members unable to differentiate this legal position, and therefore the only sensible course of action is to operate under the assumption that file-sharing applications are being used to download copyrighted material.

It is surprising that members are persisting in these discussions, especially in the light of increasing activity by the Recording Industry Association of America in prosecuting those found swapping music.

For these reasons, from now on, threads discussing the use of file-sharing programs will be recycled. Individual posts containing discussion on the use of file sharing programs will be edited to remove potentially incriminating content.

 

[Shannon]

Right on! 👍

 

[skylineGTR_guy]

THIS POST IN NO WAY IS MEANT TO CHALLENGE THE AUTHORITY OF A MODERATOR. I MEARLY WANT TO BRING UP A POINT AND SEE HOW IT RELATES TO THE AUP.

Originally posted by GilesGuthrie
Given that file-sharing programs, such as Kazaa, Bearshare, Limeware, WinMX etc facilitate the illegal acquistion of copyrighted material, the safest position for us all to take is to completely avoid discussing the use of these programs on GTPlanet.

The moderating staff have been attempting to ensure that members do not compromise their legal position, or that of GTPlanet, by discussing the downloading of any copyrighted material - be it music, applications or video, whilst still allowing the discussion of use of file-sharing applications. Unfortunately, there appear to be a number of members unable to differentiate this legal position, and therefore the only sensible course of action is to operate under the assumption that file-sharing applications are being used to download copyrighted material.

It is surprising that members are persisting in these discussions, especially in the light of increasing activity by the Recording Industry Association of America in prosecuting those found swapping music.

For these reasons, from now on, threads discussing the use of file-sharing programs will be recycled. Individual posts containing discussion on the use of file sharing programs will be edited to remove potentially incriminating content. [/B]

Companies like Kazaa distribute and support software, the users of which can and do choose to employ it for both lawful and unlawful ends. Companies like Kazaa are not any different from companies that sell VCRs or copy machines, both of which can be and are used to infringe copyrights. In recent court cases we see that Kazaa was not liable for its users' copyright infringements and neither is GTP according to the AUP :

Please remember that the open and real-time nature of these Forums makes it is impossible for us to vouch for the validity of any content posted. As such, we are not responsible for any messages posted nor the consequences of following any advice offered within Forum posts. The views expressed in the posts you will find in these forums belong solely to their respective authors and do not necessarily reflect the views of GTPlanet.net, its affiliates, and/or sponsors.

The fault falls on the individual user not the program or sites containing the content. Once again in GTPs AUP:

At all times, you remain solely responsible for anything found within your posts and agree to indemnify and hold gtplanet.net and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any material you submit, post to or transmit through the Forums, your use of the Forums, your connection to the Forums, your violation of the AUP, legal notice, or privacy policy, or your violation of the rights of another.

So I think we should be able to discuss such software as it is completley legal. Posts such as the one below I do not belive infringe on the AUP because nowhere does it contain anything regarding copyrighted material. It remains vague with just "music" and "lots of great files". Assuming that these files are copyrighted is just that: an assumption, especially since the user did not state the nature of the files, just the type.

I also have a ton of music that people were always downloading from me. I have lots of great files.

THERE ARE however comments such as this:

I download the matrix reloaded at 700KB/s

and

D/ling PSP7 at 200 kb per sec.

that DO mention certain copyrighted material and can/should be erased or formated to not include the names of the files. I think that as long as we don't blatantly mention such information the topic should be open to discusion. The user who started this thread merley had a question of the functionality of a legal program which I think is fine. As far as I can see only posts numbers 21 and 22 mention anything about violating copyrights all the others merley mention that they are downloading. What they are downloading is once again an assumption and untill proven illegal should remain open for discussion.

THIS POST IN NO WAY IS MEANT TO CHALLENGE THE AUTHORITY OF A MODERATOR. I MEARLY WANT TO BRING UP A POINT AND SEE HOW IT RELATES TO THE AUP.

 

[duji2]

THIS IS JUST MY OPINION IS AND NOT TO CHALLENGE THE AUTHORITY OF A MODERATER.

Kazaa is legal and protected by international copyright treaties
and it is the same as recording a tv show to a tape. So why cant we post about it?

 

[skylineGTR_guy]

Originally posted by duji2
THIS IS JUST MY OPINION IS AND NOT TO CHALLENGE THE AUTHORITY OF A MODERATER.

Kazaa is legal and protected by international copyright treaties
and it is the same as recording a tv show to a tape. So why cant we post about it?

don't worry the mods are taking care of it They'll get back to us soon!

 

[Shannon]

Originally posted by duji2
THIS IS JUST MY OPINION IS AND NOT TO CHALLENGE THE AUTHORITY OF A MODERATER.

Kazaa is legal and protected by international copyright treaties
and it is the same as recording a tv show to a tape. So why cant we post about it?

Simple. When you start talking about Kazaa, someone is bound to come in and start talking about piracy involving Kazaa and any other P2P app, which is illegal. The safest way is to just not talk about filesharing, period!

 

[skylineGTR_guy]

Or just avoid using the names of copyrighted material...you can still talk about it whthout using hte names...me and chaser fan are doing it perfectly fine wihtout violating the AUP.

 

[vat_man]

Skyline and duji - did you actually read Giles' post? He did actually cover that point:

Given that file-sharing programs, such as Kazaa, Bearshare, Limeware, WinMX etc facilitate the illegal acquistion of copyrighted material, the safest position for us all to take is to completely avoid discussing the use of these programs on GTPlanet.

Yes - it's a conservative position, but it needs to be to protect the forums, and less legally skilled members.

You do still have PM and e-mail, lads.

 

[Super-Supra]

GG. This won't help much.

1- out of every 5 members will look at this thread before creating a File Sharing one.

 

[vat_man]

Well, at least we've got something to refer them back to - and if we snare 20% of them, then it was well worth it.

 

[skylineGTR_guy]

As I said above :Assuming that these files are copyrighted is just that: an assumption, especially since the user did not state the nature of the files, just the type.