[free-sklyarov] Sklyarov=Napster according to Senator Boxer

Jeme A Brelin jeme at brelin.net
Tue Aug 7 13:33:34 PDT 2001

A quick note:

On Wed, 1 Aug 2001, Paul Callahan wrote:
> Here's the response to a letter I sent "regrading" Sklyarov and DMCA:
> Dear Mr. Callahan:
>  Thank you for your recent communication
> regrading Napster.  As you may already know, both
> the United States District Court and a United
> States Court of Appeals have ruled that Napster
> encourages and assists copyright infringement of
> copyrighted music.   This decision restates the
> important fact that in our country we value
> property rights, whether its music that a writer
> has created or the car that you drive.  Neither
> can legally be taken from you without
> compensation.

First and foremost: What "decision" is the Senator talking about?

As far as I know, there is just an injunction against Napster PENDING
TRIAL.  No trial has actually taken place.  The arguments for or against
Napster HAVE NOT been judged on merits and NO DECISION is standing.

The Court was asked to issue an injunction against Napster on behalf of
the RIAA.  The Court granted the injunction.  Napster APPEALED THE
INJUNCTION and the Court of Appeals AFFIRMED THE INJUNCTION based on the
notion that IF NAPSTER IS INFRINGING, then the injunction would prevent
further infringement.

NO decision has been made by the court based on arguments of law.

>      The technology Napster employs holds great
> promise.  It is my hope that such peer to peer
> technology will be available legitimately and that
> the idea that Napster has invented will become
> available to consumers in a legal manner very soon.

So, participating on the internet makes you a "consumer", huh?

And how do you make sharing legitmate in a world where increasingly the
only "legitimate" sphere of human interaction is the market?  The market
cannot abide non-commercial entities or actions.  Giving and sharing are
contrary to the market.

And on what level did Napster "invent" peer-to-peer information exchange?

Every machine on the network is a peer by nature.  I can run a client and
a server on the same host... there are not two "classes" of internet
connection.  It just so happens that non-permanent connections are very
inconvenient for running services.  It is only the "Terms of Service" of
_SOME_ ISPs that prevent everyone from participating on the network as

     Jeme A Brelin
    jeme at brelin.net
 [cc] counter-copyright

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