Findlaw: The New York Times and Napster

Jim Choate ravage at einstein.ssz.com
Wed Aug 1 13:38:33 PDT 2001



On Mon, 30 Jul 2001, Steve Schear wrote:

> At 01:29 PM 7/30/2001 -0500, Jim Choate wrote:
> >http://writ.news.findlaw.com/commentary/20010730_chander.html
> 
> It will be very interesting if Napster decides to take Mr. Chander's 
> suggestion and ask the court to force copyright holder's back to the table 
> and compel them to negotiate or face an arbitrated result based on New York 
> Times v. Tasini

I certainly hope some party acts on this. This would force Napster to
recognize the rights of the copyright holder and at the same time prevent
the copyright holder from being too 'exclusive' in their license grants.

On a distantly related note, DirecPC has announced they're going after
'pirates' of their services. Not just the middle men (provided hardware
or software) as has been the case in the past. In this example there is no
middle man 'server' between the producer and consumer once the hack is
setup. Therefore there isn't a single contact point between the provider
and the pirates. This would seem to effectively bar such an approach for
sat-tv. Would digital TVR be the 'middle man' in that case?

>From a systems perspective this is a case of adding a link (edge or arc) 
of feedback from the distributor to the producer node (directed to
undirected graph). Something that was missing previously (there is already
2-way link between consumer and distributor nodes).


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