Archive of UserLand's first discussion group, started October 5, 1998.

Re: Public Libraries

Author:Robert Cassidy
Posted:6/21/2000; 5:33:26 PM
Topic:Public Libraries
Msg #:17997 (In response to 17992)
Prev/Next:17996 / 17998

Uh, no. An individual may legally open a library.

The essential legal difference between Napster and the library is that when you acquire something via Napster, the originating source remains. Ownership is not transferring with the work, it's being duplicated.

Napster is equivalent to borrowing a book from the library, making a photocopy of it, and immediately returning the original. That's still illegal. Only the copyright holder of the work has the ability to increase the number of legal owners of a work. Ownership may transfer freely, but it has to remain a zero sum game without the copyright holder getting involved again.

Napster itself should become perfectly legal if when downloading an item the originating source gets deleted. If the originating owner duplicates the file from their archive for distribution via Napster, then the copyright violation is clearly established on the owners end prior to Napster being evoked. Legally, the receiver of the file could be held liable if they failed to obtain proof of ownership from the originator (that's how it works for property at least...). Legally, the recording industry should have nowhere to go as they would need to prove that the originating owner was not giving away their only legal copy - a very tall order in a digital world.

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