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File-sharing suffers major defeat
The US Supreme Court has ruled that file-sharing companies are to blame for what users do with their software.
The surprise ruling could start a legal assault on the creators of file-sharing networks such as Grokster and Morpheus.
The case was brought by 28 movie and music makers who claimed that rampant piracy was denting profits.
The Supreme Court judges were expected to rule in favour of the file-sharers because of legal precedents set when video recorders first appeared.
Big win
The unanimous ruling is a victory for recording companies and film studios in what is widely seen as one of the most important copyright cases in years.
But in this latest ruling the judges sets aside 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.
In the ruling Justice David Souter wrote: "The question is under what circumstances the distributor of a product capable of both lawful and unlawful use is liable for acts of copyright infringement by third parties using the product."
He added: "We hold that one who distributes a device with the object of promoting its use to infringe copyright ... is liable for the resulting acts of infringement by third parties."
Reaction to the ruling was swift.
Dan Glickman, president of the Motion Picture Association of America, said: ""Today's unanimous ruling is an historic victory for intellectual property in the digital age, and is good news for consumers, artists, innovation and lawful Internet businesses."
John Kennedy, head of the International Federation of the Phonographic Industry said: "It quite simply destroys the argument that peer-to-peer services bear no responsibility for illegal activities that take place on their networks."
Andrew Lack, chief executive of Sony BMG, said the verdict
In other decisions on Monday, the Supreme Court:
Wayne Rosso, former Grokster president and now head of legal file-sharing system Mashboxx, said: ""If I'm running the RIAA [Recording Industry Association of America], you're going to see lawsuits coming down like a Texas hailstorm. Don't be surprised to see an unusually large number filed immediately."
He said it would mean that users would have to get used to paying for music.
Michael McGuire, from analyst firm GartnerG2, said: "It's something of a surprise. It will be interesting to see how record labels respond. It could be argued that these peer-to-peer services were the most efficient way to deliver rich media."
The decision could also have an impact on any technology firm developing gadgets or devices that let people enjoy media on the move.
If strictly interpreted the ruling means that these hi-tech firms will have to try to predict the ways people can use these devices to pirate copyrighted media and install controls to stop this infringement.
The ruling could also prompt a re-drafting of copyright laws by the US Congress.
Story from BBC NEWS: http://news.bbc.co.uk/go/pr/fr/-/1/hi/technology/4627679.stm
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