This post originally appeared at here on 2003.08.10.
One needs little filling in on this issue. It is now common knowledge that the RIAA is no longer going after the “Napster”-like entities. The reason is that they can’t. This article is about why.
First of all, the legal stuff. The RIAA must prove a few things to win such cases. At best, they can only plea a case of “Contributory Copyright Infringement”. This is because it is the service that such entities provide do not in and of themselves actually distribute the material. They do, however, provide lists of users who obviously do, some actually maintain central databases, most offer software and they have to be aware of what their users are doing. All of this makes it difficult to prove in court. Especially since our judicial system insist that a case be presented in the most favorable light for the defendant. Continue reading “Why is the RIAA Going After the “Pirates”?”→