[GNUnet-developers] court rules "willful blindness is knowledge"

[Kenneth Stailey]

http://www.infoworld.com/article/03/07/01/HNmadsterwin_1.html

LONDON - Handing yet another victory to the music industry in the battle over
peer-to-peer (P-to-P) file trading, a U.S. appeals court upheld an injunction
against the Madster file trading network this week, ruling that "willful
blindness" of copyright violation occurring over its network does not mean it
is not liable.

The ruling, made by the 7th Circuit Court of Appeals in Chicago Monday, is the
second blow to Madster -- formerly called Aimster -- and one in a string of
recent successes for the music industry in its battle against copyright
infringement over P-to-P networks.

Madster was originally ordered to shut down last year pending a trial.

Madster owner John Deep had been arguing that the encryption feature of his
service prevented him from knowing exactly what users were trading over the
network. However, the court ruled that "willful blindness is knowledge in
copyright law."

In its decision, the court panel stated that "one who, knowing or strongly
suspecting that he is involved in shady dealings, takes steps to make sure that
he does not acquire full or exact knowledge of the nature of those dealings is
held to have criminal intent."

The decision adds more weaponry to the music industry's P-to-P fighting arsenal
by essentially ruling that network owners cannot turn a blind eye to copyright
infringement.

The recording industry lauded the decision this week.

"We're delighted by this decision which makes clear ... that companies cannot
profit from copyright infringement. A peer-to-peer service is not off the hook
simply because it claims there may be legitimate uses of its network,"
Recording Industry Association of America Inc. (RIAA) President Cary Sherman
said in a statement.

The decision could stir more concern for P-to-P users, however, since the RIAA
has recently said it would begin targeting individuals for copyright violation.

In fact, Sherman went on to state that, "the decision also reaffirms - yet
again - that when individuals 'share' copyrighted music, without permission of
the copyright holder, they are liable for direct copyright infringement."

Madster representatives were not available to comment on the court decision 
Tuesday.

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