Comments on: Aussie P2P http://madisonian.net/2005/09/05/aussie-p2p/ a blog about law, tech, culture, and related things Wed, 10 Mar 2010 16:58:52 -0800 http://wordpress.org/?v=2.8.4 hourly 1 By: LawFont.com » More Kazaa Commentary http://madisonian.net/2005/09/05/aussie-p2p/comment-page-1/#comment-216742 LawFont.com » More Kazaa Commentary Sun, 10 Jun 2007 23:01:59 +0000 http://madisonian.net/?p=324#comment-216742 [...] Michael Madison’s views (University of Pittsburgh) - interesting comments comparing US and Australian approaches to legal development. [...] [...] Michael Madison’s views (University of Pittsburgh) – interesting comments comparing US and Australian approaches to legal development. [...]

]]> By: Copyfight http://madisonian.net/2005/09/05/aussie-p2p/comment-page-1/#comment-14397 Copyfight Thu, 08 Sep 2005 17:03:07 +0000 http://madisonian.net/?p=324#comment-14397 <strong>Australian Court on KaZaA - Stop: Napster Time</strong> An Australian federal court has ruled that the Sharman companies responsible for the filesharing software KaZaA "authorized," and are therefore liable for, copyright infringement by the people who use the software. Further, the court has ordered Shar... Australian Court on KaZaA – Stop: Napster Time

An Australian federal court has ruled that the Sharman companies responsible for the filesharing software KaZaA “authorized,” and are therefore liable for, copyright infringement by the people who use the software. Further, the court has ordered Shar…

]]> By: LC CyberBlog » Blog Archive » Regulation – Copyright style http://madisonian.net/2005/09/05/aussie-p2p/comment-page-1/#comment-14176 LC CyberBlog » Blog Archive » Regulation – Copyright style Wed, 07 Sep 2005 23:03:04 +0000 http://madisonian.net/?p=324#comment-14176 [...] Earlier this week an Australian court ordered Sharman Networks, Kazaa’s parent firm, to install filters to prevent its software from being used for unauthorized sharing. The court there is using the threat of legal liability to require architecture changes. Kim Weatherall has an interesting analysis of the decision from an Australian Professor’s perspective. For a response from a U.S. Professor check out madisonian.net’s Aussie P2P [...] [...] Earlier this week an Australian court ordered Sharman Networks, Kazaa’s parent firm, to install filters to prevent its software from being used for unauthorized sharing. The court there is using the threat of legal liability to require architecture changes. Kim Weatherall has an interesting analysis of the decision from an Australian Professor’s perspective. For a response from a U.S. Professor check out madisonian.net’s Aussie P2P [...]

]]> By: Quemar las Naves.net » Blog Archive » Kazaa declarado ilegal http://madisonian.net/2005/09/05/aussie-p2p/comment-page-1/#comment-13893 Quemar las Naves.net » Blog Archive » Kazaa declarado ilegal Tue, 06 Sep 2005 22:43:51 +0000 http://madisonian.net/?p=324#comment-13893 [...] Más gente comentando acerca de esto: Washington Post, Barrapunto, Error500, madisonian, SVmediaLaw, Furdlog, CoCo, Corante, BoingBoing, BoinBoing2, News.Com, NewsYahoo, etc. [...] [...] Más gente comentando acerca de esto: Washington Post, Barrapunto, Error500, madisonian, SVmediaLaw, Furdlog, CoCo, Corante, BoingBoing, BoinBoing2, News.Com, NewsYahoo, etc. [...]

]]> By: Emmanuel http://madisonian.net/2005/09/05/aussie-p2p/comment-page-1/#comment-13729 Emmanuel Tue, 06 Sep 2005 00:13:02 +0000 http://madisonian.net/?p=324#comment-13729 Unfortunately the wrong generation is handling all the cases surrounding digital media copyright laws and things like napster and kazaa. We’re the ones coming up with the stuff do the legislatures really think they can keep up with a whole generation of computer literate people when they saw their first computers at the age of 30? Hehe we don’t use vacuum tubes and punch cards anymore. I once heard a professor call the books in the law library "law relics" and to speak metaphorically that is exactly what the various legislatures around the world seem to be working on while our generation is working on law databases contained online. They're all out of the times. You have these giants huge media giants like Sony or WB and computer (software/hardware) companies like Microsoft and they're all fighting the digital "piracy" like it's the last plague (at least Microsoft should know better). What the governments don’t seem to understand given that they have neither computer science nor mathematical backgrounds or apparently the common sense to create analogies is that it will not stop. However instead of taking advantage of the information superhighway and building more crossroads and intersections they wish to place roadblocks and tollbooths. Of course governments and huge companies don’t have the speed or precision necessary to stop the Richard Stallmans or the Linus Torvalds that actually work on creating these highways. Programmers and mathematicians are built for creativity something the governments of now with their ancient members and their conglomerate structures simply don’t have the aptitude for. What is Microsoft going to do when GNU surpasses Windows or Longhorn (I think this is the new name for it)? Getting on topic, so Australia’s against kazaa now, I wonder if Australia is even aware of the fact that no one even uses it anymore. The programmers are already ahead of them they’re ahead of all of them. The philosophical war going on behind the scenes is very clear. I understand what artists and the other programmers (who could appropriately be called artists) want and it is fair, it’s to be expected. However if there’s anything that I’ve picked up out of law school so far is that “it’s fair” isn’t a good argument and courts want practicality. Are we really going to sue hundreds of people at a time, everyday for every piece of pirated material on their hard drive? Speaking of tied up courts… this approach won’t go far. The legislatures need to start talking to the math and comp sci guys, they need to really get into the material to find an innovative and practical way of dealing with illegal pirating or maybe (heaven forbid) even accept that it will happen and take advantage of it. Unfortunately the wrong generation is handling all the cases surrounding digital media copyright laws and things like napster and kazaa. We’re the ones coming up with the stuff do the legislatures really think they can keep up with a whole generation of computer literate people when they saw their first computers at the age of 30? Hehe we don’t use vacuum tubes and punch cards anymore. I once heard a professor call the books in the law library “law relics” and to speak metaphorically that is exactly what the various legislatures around the world seem to be working on while our generation is working on law databases contained online. They’re all out of the times. You have these giants huge media giants like Sony or WB and computer (software/hardware) companies like Microsoft and they’re all fighting the digital “piracy” like it’s the last plague (at least Microsoft should know better). What the governments don’t seem to understand given that they have neither computer science nor mathematical backgrounds or apparently the common sense to create analogies is that it will not stop. However instead of taking advantage of the information superhighway and building more crossroads and intersections they wish to place roadblocks and tollbooths. Of course governments and huge companies don’t have the speed or precision necessary to stop the Richard Stallmans or the Linus Torvalds that actually work on creating these highways. Programmers and mathematicians are built for creativity something the governments of now with their ancient members and their conglomerate structures simply don’t have the aptitude for. What is Microsoft going to do when GNU surpasses Windows or Longhorn (I think this is the new name for it)? Getting on topic, so Australia’s against kazaa now, I wonder if Australia is even aware of the fact that no one even uses it anymore. The programmers are already ahead of them they’re ahead of all of them.
The philosophical war going on behind the scenes is very clear. I understand what artists and the other programmers (who could appropriately be called artists) want and it is fair, it’s to be expected. However if there’s anything that I’ve picked up out of law school so far is that “it’s fair” isn’t a good argument and courts want practicality. Are we really going to sue hundreds of people at a time, everyday for every piece of pirated material on their hard drive? Speaking of tied up courts… this approach won’t go far. The legislatures need to start talking to the math and comp sci guys, they need to really get into the material to find an innovative and practical way of dealing with illegal pirating or maybe (heaven forbid) even accept that it will happen and take advantage of it.

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