So, I come back to the UK and the biggest decision in Cyberlaw in recent years has finally taken place. It was expected that the U.S. Supreme Court would produce a negative ruling against P2P manufacturers, and if one reads the press, this would seem to be the case. However, the ruling is more nuanced than what we are being told. The Court decided unanimously on two main points:
- The distributor of a dual-use technology may be liable for the infringing activities of third parties where he actively seeks to advance the infringement.
- Sony does not need revision.
But the real question is, who cares? Is this going to stop one single music download? The answer is likely to be negative, because the ruling attacks clients, not the networks themselves. You can shut down Kazaa tomorrow, and the Fastrack network will still exist.