Share Responsibly
There are currently over 240 million users downloading and
trading files legally on file-sharing networks. You can, for
example, legally download music from over 850 bands, over 20,000
live concerts as well as have access to multiple software titles
and games. File sharing is not illegal so long as you abide
by all relevant copyright laws. Sharing copyrighted material
without the permission to do so is illegal.
EZMP3s.com does not condone piracy or breaking copyright
laws. The MP3 sharing tools available on through our members
area are powerful search tools & we recommend that you
use your discretion when downloading music and movie files.
See News.com Article: Federal Judge Rules: File-swapping
tools are legal
Original works of authorship, including literary, dramatic,
musical, artistic, and certain intellectual compositions are
protected by copyright law. If a person publicly performs,
reproduces, distributes copies, or displays works without consent
of the copyright owner could be in violation of the law. Go
to http://www.loc.gov/copyright/ and learn more about U.S.
copyright law. Purchasing a membership in EZMP3s.com does
not give you license to download or upload copyright material.
EZMP3s.com implores you to respect copyright laws and share
responsibly.
Click here for important information from the US Federal Trade
Commission (FTC) about the risk and use of P2P software.
How can I stay legal?
Stay legal and avoid breaking the law. Quick steps to stay
legal:
- Make sure there are no potentially infringing files in
your shared folders - meaning only files that are in the
public domain, for which you have permission to share or
are available under pro-sharing licenses.
- Remove potentially
misleading files names that might be confused with the name
of an RIAA artist or song (e.g. "Usher" or "Madonna")
from your shared folder.
- Disable the "sharing" or "uploading" features
on your search program to prevent other users on the network
from getting copies of files on your computer. Music companies
are focused on finding people who share thousands of files
on their computers with the rest of the community. If you don't
share - you reduce the risk.
File sharing has been a hot topic in several countries around
the world. Below are samples of court decisions from the United
States of America, Canada, and the Netherlands.
USA Court Decision
Decentralized File-sharing Tools Ruled Legal
Streamcast and Grokster have won a major court decision in
Los Angeles, shifting the tides of the on-line P2P legal
war. Federal court Judge Stephen Wilson has dismissed much
of the studios' claims in their lawsuits against them, stating
that Morpheus and Grokster were not liable for copyright
infringements that took place using their software.
See News.com Article: Federal Judge Rules: File-swapping
tools are legal
The ruling stated loud and clear that innovating decentralized
peer-to-peer Gnutella-like software is perfectly legal, and
shouldn't be deemed illegal in the courts. The courts compared
the technology with the innovation of the original Sony videocasette
recorder (VCR).
Fred von Lohmann of the Electronic Frontier Foundation (EFF)
stated the case is far from over, but that the case sends a "strong
message to the technology community that the court understands
the risk to innovation" the case could represent
The Recording Industry Association of America (RIAA) and Motion
Picture Association of America (MPAA) offered no comment, but
are of course issuing an appeal to the ruling already. Published
By Mike Darrah - April 25, 2003
Canadian Court Decision
Canada's Federal Court has ruled against a motion which would
have allowed the music industry to begin suing individuals
who make music available on-line. He said that downloading
a song or making files available in shared directories does
not constitute copyright infringement under the current Canadian
law.
"Justice Konrad von Finckenstein ruled Wednesday that
the Canadian Recording Industry Association did not prove there
was copyright infringement by 29 so-called music uploaders.
Without the names, CRIA can't begin filing lawsuits against
the alleged high-volume music traders, identified only as John
and Jane Does. It also reaffirms what the Copyright Board of
Canada has already ruled -- downloading music in this country
is not illegal. Von Finckenstein said that downloading a song
or making files available in shared directories, like those
on Kazaa, does not constitute copyright infringement under
the current Canadian law. "No evidence was presented that
the alleged infringers either distributed or authorized the
reproduction of sound recordings," he wrote in his 28-page
ruling. "They merely placed personal copies into their
shared directories which were accessible by other computer
users via a P2P service."
With all of the usual cavets about appeals, this decision
makes it practically impossible to prosecute file sharers in
Canada. von Finkenstein has gone well beyond the idea that
downloading is legal in Canada. By expressly mentioning "merely
placing personal copies into their shared directories" does
not constitute distribution he has blown a huge hole in the
arguments which swirled around the whole question of the legality
of uploading in Canada.
(Published April 1, 2004 http://grep.law.harvard.edu/article.pl?sid=04/04/01/0411227&mode=thread)
European Court Decision
The Supreme Court of the Netherlands has thrown out an appeal
by music industry lobbyists who wanted the popular Kazaa file-sharing
software to be ruled illegal.
The victory for Kazaa, which follows similar US rulings in
favour of peer-to-peer (P2P) software firms Grokster and Morpheus,
is a huge blow to the music industry. It has fought a long
battle to close down file-sharing networks and criminalise
the software that makes file swapping illegal.
The Dutch decision means that the developers of the software
cannot be held responsible for how individuals use it.
(Dinah Greek, vnunet.com 19 Dec 2003, http://www.pcw.co.uk/news/1151673) |