 |
For Immediate Release Contact |
FORMAT FOR PRINTING DOWNLOAD PDF |
SHURTLEFF FILES PEER-TO-PEER BRIEF
A.G. AIMS TO CURB CHILD PORN & COPYRIGHT VIOLATIONS
Attorney General Mark Shurtleff is asking the U.S. Supreme Court to hold software companies liable when they facilitate the spread of child pornography and the theft of copyright protected music and movies. Shurtleff is lead counsel for the friend of the court brief that was signed by 40 other attorneys general. The states are asking the High Court to overturn a Ninth Circuit Court of Appeals decision that allows Internet-based "file sharing" services like Grokster and Streamcast immunity from copyright liability and other criminal activities.
"We have substantial evidence that certain programs not only allow, but actually encourage these illegal activities. These companies are helping people steal. They are spreading child pornography and they are putting home computers at risk to hackers," says Shurtleff. "File sharing can be a valuable tool-but the public must be protected from misuse."
The issue in MGM v. Grokster is whether software companies should be liable when their customers steal intellectual property or commit other illegal acts. In 1991, the Ninth Circuit ruled that Napster was liable for copyright infringements by its customers. Now companies are marketing themselves as the next Napster and they are creating services that allow users to remain anonymous and prevent tracking of illegal use. Here are some of the dangers created by the file-sharing software:
- The U.S. General Accounting Office did a keyword search using KaZaA and found that 42% of the
images were verified child pornography, 34% was adult porn, 13% was child erotica and only 14% was non-pornographic.
- The National Center for Missing and Exploited Children reported a fourfold increase in one year in child porn disseminated over peer-to-peer networks.
- An independent company monitored one network for three weeks and reported 42% of all requests were for adult or child pornography.
- Another study revealed that as much as 97% of activity on peer-to-peer networks is illegal.
"Every day, people are illegally downloading copyrighted music, movies and software. At the same time they are putting their computers at risk of computer worms, viruses, spyware and adware," says Shurtleff.
The Utah Attorney General is taking the lead in efforts to have the Ninth Circuit decision overturned. In the brief, he argues that the ruling encourages criminal behavior and hinders law enforcement officers from tracking down predators who are victimizing children.
Peer-to-Peer Friend of the Court Brief
###