Soon, the Supreme Court will make a decision regarding peer-to-peer file-sharing software. Metro-Goldwyn-Mayer is suing Grokster because they provide peer-to-peer software that allows users to exchange copyrighted material. In fact, the software is mostly used for such purposes. Though the software is mostly used for illegal purposes, it should not be made illegal. Doing so would be a shortsighted of the Supreme Court.
There are many legitimate uses for peer-to-peer software and opening up all makers of such software to lawsuits by the entertainment industry is a bad idea and would likely stifle innovation. Many software designers may be reluctant to develop software if they are afraid they might be sued because their software could be used for illegal purposes.
It’s hard to see how the court could rule in a matter that wouldn’t go to far. Would a ruling against Grokster mean peer-to-peer software is illegal to possess? Would it just be illegal to distribute it? Would it just be illegal to profit from it? Destroying the means of piracy is more or less impossible. When Napster was shutdown, it was quickly replaced with peer-to-peer software that was better. Shutting down Grokster would likely have a similar effect. Pirates have already moved on to better software like BitTorrent. BitTorrent is available for free. The creator of the software does not sell it or profit from it. His software is used for piracy on a massive scale as well as legitimate purposes.
Who will MGM sue to stop BitTorrent? It seems we would be moving from laws that make piracy illegal, to laws that make potential piracy illegal.
That marks a significant shift in precedent. The 1984 Sony Betamax case clearly says potential piracy isn’t illegal when there are legitimate purposes for the product. There are legitimate purposes for peer-to-peer software.The entertainment industry has been slow to provide their media via Internet. Sure, iTunes is popular, but a computer company had to develop and promote the software.
The industry wants to maintain the status quo. The Internet and peer-to-peer technology will change the industry. No matter how the court rules, change is inevitable. The industry would do well to embrace new technology, and develop a business model that works. Most people aren’t pirates and don’t want to be pirates. Many of these people want to get movies via the Internet. MGM might do well to tap into that market.
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