Monday, March 28, 2005

Substantial Noninfringing Uses

Regarding When David Steals Goliath's Music (Editorial, March 28):

If 90% of all printing presses were being used to distribute illegal copies of syndicated gossip, humor, and opinion columns, would the Times Editorial Board call for the shuttering of all the nation's newspapers?

If 90% of all Internet websites were being used to distribute illegal copies of photographs, music, and video, would the Board apologize humbly for its complicity and close www.nytimes.com?

No? Then perhaps the Board should reconsider its refusal to apply the clear language of the Supreme Court's 1984 Betamax decision - which requires only "substantial noninfringing uses" to protect a technology against blanket claims of contributory infringement - to "Grokster" and other peer-to-peer networks.

Sincerely,
Derek Fox

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