Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
brazil, contributory infringement, copyright, file sharing, k-lite nitro, p2p



Brazilian Court Says It's Illegal To Distribute File Sharing Software If You Have Ads On Your Site

from the that-doesn't-seem-right dept

A judge in Brazil has apparently told a website that offers downloads of a P2P file sharing app that because it has ads on the site, its operators can be found guilty of criminal copyright infringement and may face jailtime. Specifically, the entertainment industry had sued a particular website because it distributed a piece of file sharing software called K-Lite Nitro, even though it does not make or control the software. After first demanding that the software filter out a huge list of content, which was impossible since the website operators had nothing to do with the software, the company behind the website is now being told by the court that just offering up the software is infringing. So... first there was contributory infringement for file sharing apps themselves... and now they're going after sites that distribute such software? What is that? Contributory contributory copyright infringement? The site plans to appeal, noting that there are plenty of legal uses of the software as well. They also might want to point out that some forms of Brazilian music has done quite well by embracing file sharing to their advantage... But, for some reason, no one ever seems to want to look at that side of the equation.

14 Comments | Leave a Comment..

 
 

Reader Comments (rss)

(Flattened / Threaded)

  1. Sep 21st, 2009 @ 2:30am

    Duh, obvious

    by Concerned

    Of course it's illegal. Anyone peddling, or having any connection with peddling this unauthorised p2p software must be shut down.

    We all know what it's used for, don't we?

    It's bloody obvious!

    (reply to this comment) (link to this comment)

  2. Sep 21st, 2009 @ 2:45am
    by Anonymous Coward

    In the courts defence... adverts are really annoying.

    (reply to this comment) (link to this comment)

  3. Sep 21st, 2009 @ 2:52am

    Re: Duh, obvious

    by Anonymous Coward

    Oh I agree. Lets get rid of all software that allows sharing of files because maybe they will use it to share illegal files.

    While we are at it, lets ban alcohol because drunk drivers kill people. And lets sue the alcohol makers for making things that kill people, and sue the stores for distributing that damn perfectly legal substance.

    Oh and don't forget the Car manufacturers, their cars kill people, oh and gun makers and owners.
    Oh and just incase lets sue people selling telephones, after all I could talk on them to my friend, and tell him where to download illegal software, so obviously they are at fault.

    And in case you still don't get it.
    Just because something that is LEGAL is used ILLEGALLY, doesn't put the blame on the creator, or the Item, it puts the blame on the USER.. Guns, Cars, Alcohol, Computers, Radio transmitters, Telephones.. All Legal.. All very very usable to do some really illegal stuff, and way more dangerous than sharing a file.

    (reply to this comment) (link to this comment)

  4. Sep 21st, 2009 @ 3:29am

    Re: Re: Duh, obvious

    by icon Richard (profile)

    Guns, Cars, Alcohol...All Legal.. All very very usable to do some really illegal stuff

    Yeah but they only enable you to do some really unimportant crimes like murder. Whereas p2p enables copyright infringement - which as we all know is far more important...

    see

    http://www.freedom-to-tinker.com/blog/felten/us-copyright-may-get-harsher-and -broader

    and

    http://www.freedom-to-tinker.com/blog/felten/riaa-says-future-drm-might-threaten- critical-infrastructure-and-potentially-endanger-liv

    (reply to this comment) (link to this comment)

  5. Sep 21st, 2009 @ 3:43am

    Sue techdirt!

    by Concerned Citizen

    Notice that techdirt, by mentioning this case, is indirectly advertising this site!

    Let me say this again:

    Techdirt is drawing your attention to a site that offers a software that, when you know where to find illegal torrents, can be used to download copyrighted stuff! It's as if techdirt was beating up the RIAA guys in the street and steal their money!

    (reply to this comment) (link to this comment)

  6. Sep 21st, 2009 @ 3:48am

    Re: Re: Re: Duh, obvious

    by Anonymous Coward

    Wow.. Thats really completely scary..

    And Im just left to ask, with such obvious evidence that America's political system is completely corrupt, what the hell could be more interesting to journalists. Britney's latest boob job? apparently.. coudlnt be the fact that politicians are obviously selling their constituents down the drain for some extra dosh. People pretty much expect it now.

    Viva La Revolution.?.?.?

    (reply to this comment) (link to this comment)

  7. Sep 21st, 2009 @ 5:03am

    I think it was the public utility

    by Mike Wisniewski

    If these people didn't have electricity they wouldn't be engaging in illegal file sharing activity. Come on guys go after the real criminals the electric company.

    (reply to this comment) (link to this comment)

  8. Sep 21st, 2009 @ 5:09am

    Re: Sue techdirt!

    by icon Chronno S. Trigger (profile)

    So are the Brazilian courts. Sue them while you're at it.

    (reply to this comment) (link to this comment)

  9. Sep 21st, 2009 @ 5:11am

    Re: Re: Duh, obvious

    by ...

    I thought the post was being sarcastic, but you bring up a good point.

    "get rid of all software that allows sharing of files"

    And I guess there are those out there that would like the idea. There is slight problem with this type of thinking. Almost all software shares files, that is how it works. So, if one wanted to stop all file sharing then they would have to get rid of all computers. I doubt that is going to happen.

    (reply to this comment) (link to this comment)

  10. Sep 21st, 2009 @ 5:20am

    Constitution.

    by Anonymous Coward

    Even for Brazil that must be something wrong with that ruling as it is making a new law and not just enforcing the law.

    It is not the job of congress to define what is legal and what is not?

    I'm confused.

    (reply to this comment) (link to this comment)

  11. Sep 21st, 2009 @ 5:31am

    file sharing?

    "get rid of all software that allows sharing of files"

    Wow....that means microsoft can get sued for creating Active Directory....or ARPANET for creating the internet? hell, let's go after Xerox......oooh....better yet, the guys who created the printing press! Oh! Storytellers of Native American Indians too! They are all 'sharing information'....

    Geeze, mankind has a long way to go to wake up. I suggest everyone get a copy (free!) of "Steal this movie" part one and 2. Of keen note, pay attention in part two where they talk about the printing press and how illegal it was initially....

    (reply to this comment) (link to this comment)

  12. Sep 21st, 2009 @ 6:54am

    Re: Re: Re: Duh, obvious

    by icon aguywhoneedstenbucks (profile)

    What about a copy machine? That's the grandfather of P2P software.

    (reply to this comment) (link to this comment)

  13. Sep 21st, 2009 @ 8:07am

    Re: Sue techdirt!

    by Doubly Concerned Citizen

    I found Techdirt via Google. They should sue them too. And all the sites that Google links to, just for good measure.

    (reply to this comment) (link to this comment)

  14. Sep 21st, 2009 @ 10:54am

    Re: Re: Re: Duh, obvious

    by icon ChadBroChill (profile)

    The mafIAA would like eliminating computers, putting us back in the dark ages of *gasp* vinyl, where they could sell us huge pieces of plastic instead of the tiny ones that are used today. If they coul dget rif of all computers, they would. THINK OF THE [ARTISTS]!

    (reply to this comment) (link to this comment)

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Plain Text HTML Save me a cookie
  • Plain Text: A CRLF will be replaced by break <br> tag, all other allowable HTML is intact
  • HTML: No formatting of any kind is done without explicitly being written in
  • Allowed HTML Tags: <b> <i> <p> <a> <em> <br> <strong> <blockquote> <hr> <tt>

Search Techdirt
And now, a word from our Sponsors..
Subscribe to Techdirt's Daily Email Newsletter

Techdirt's Daily Email Newsletter

And now, a word from our Sponsors..
Related Stories
Close
E-mail It