Sunday, November 06, 2005
Court Halts 'Legal' File-Sharing Site
A federal court has temporarily banned a Los Angeles-based Web site from claiming that its service lets users legally share copyrighted files, the government said today. The Federal Trade Commission said that Cashier Myricks Jr., doing business as MP3downloadcity.com, has been barred from suggesting that his US$24.95 tutorial and referral service enables users to legally download copyrighted music files, video games and "movies still in theaters." According to the FTC, it doesn't. A temporary restraining order was issued on Sept. 27 by the U.S. District Court for the Central District of California. The FTC is seeking to make the ban permanent, negotiate refunds for consumers who feel they were misled, and require that the defendant notify people who use the service about legal consequences of sharing copyrighted material.
The FTC charged that the Web service advertised on Web sites, sponsored Google links and in e-mails with misleading claims like, "Best of all people are not getting sued for using our software . Yes! It is 100 percent legal" and "Download and Watch DVDs and Movies Still in Theaters."
The commission said that thousands of consumers have bought the service, which is actually a tutorial with referrals to free file-sharing software programs, like those from Kazaa and Grokster.
Myricks' site itself today claimed "Napster's Number One Replacement Software is Back!" and "Now You Can Burn, Download MP3s, and Make CD's Free." At the bottom of the site, a link through the word "Legal" led to a page that said, "File sharing is not illegal so long as you abide by all relevant copyright laws. Sharing copyrighted material without the permission to do so is illegal." The page further advises users to stay legal by removing copyrighted material from their shared folders.
Some artists allow their music to be copied freely, but for the vast majority of recorded music, special permission is necessary -- for example, participation in a licensed program like the new Napster, which is not free. Myricks did not immediately respond to e-mail requests for comment through the support link on his Web site. Several other e-mails were sent to accounts that appeared to be affiliated with Myricks, and a once-listed telephone number in Carson, Calif., was not in service. His lawyer also did not respond immediately to a request for comment.
Brought to you by Guardian eCommerce.
The FTC charged that the Web service advertised on Web sites, sponsored Google links and in e-mails with misleading claims like, "Best of all people are not getting sued for using our software . Yes! It is 100 percent legal" and "Download and Watch DVDs and Movies Still in Theaters."
The commission said that thousands of consumers have bought the service, which is actually a tutorial with referrals to free file-sharing software programs, like those from Kazaa and Grokster.
Myricks' site itself today claimed "Napster's Number One Replacement Software is Back!" and "Now You Can Burn, Download MP3s, and Make CD's Free." At the bottom of the site, a link through the word "Legal" led to a page that said, "File sharing is not illegal so long as you abide by all relevant copyright laws. Sharing copyrighted material without the permission to do so is illegal." The page further advises users to stay legal by removing copyrighted material from their shared folders.
Some artists allow their music to be copied freely, but for the vast majority of recorded music, special permission is necessary -- for example, participation in a licensed program like the new Napster, which is not free. Myricks did not immediately respond to e-mail requests for comment through the support link on his Web site. Several other e-mails were sent to accounts that appeared to be affiliated with Myricks, and a once-listed telephone number in Carson, Calif., was not in service. His lawyer also did not respond immediately to a request for comment.
Brought to you by Guardian eCommerce.
