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Judge draws parallel between music sharing and unlicensed public performance

71 pointsby CoryOndrejkaalmost 15 years ago

2 comments

voidpointeralmost 15 years ago
Interesting approach and I think it is a good direction. There are some differences though: sharing the files on the net is releasing them to a potentially broader audience. The patrons in a bar don't get to take home the music they listen to on their mp3 player. Maybe a comparison to unlicensed broadcasting is more appropriate?
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michael_dorfmanalmost 15 years ago
I'm afraid that if this parallel becomes common, it will backfire. An unlicensed public performance, which receives a penalty of 2x the license fee, represents the song being played one time, to a limited audience. If one extrapolates from there the number of potential hearers/hearings from a shared file....
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