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French Record Labels Go After Limewire, SourceForge

kdawson posted more than 5 years ago | from the lawyers-on-airplanes dept.

The Courts 326

An anonymous reader notes that TorrentFreak is reporting: "French record labels have received the green light to sue four US-based companies that develop P2P applications, including the BitTorrent client Vuze, Limewire, and Morpheus. Shareaza is the fourth application, for which the labels are going after the open source development platform SourceForge. ... Putting aside the discussion on the responsibilities of application developers for their users activities, the decision to go after SourceForge for hosting a application that can potentially infringe, is stretching credibility beyond all bounds." SourceForge is Slashdot's corporate parent.

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326 comments

Juristiction? (5, Funny)

Tubal-Cain (1289912) | more than 5 years ago | (#25775467)

SPFF had already sued the various companies and organizations last year, but until now it has been unclear whether the US based companies behind the applications could be prosecuted under French law. A French court has now ruled that this is indeed possible, which means that they can proceed to court.

How are non-french companies not operating in France (so far as I know) subject to French law?
Someone should let them know that only America can get away with that.

Re:Juristiction? (5, Informative)

saihung (19097) | more than 5 years ago | (#25775505)

That would depend on France's conflict rules, which (unusually, if I remember correctly) are that the courts of France have jurisdiction over any matter harming a French national. You are broadly correct - in the USA or most other countries, the courts would likely NOT have jurisdiction over the case. But France is France. That doesn't mean that the defendant would be able to enforce the judgment though. A US court could examine the question of whether the French courts had jurisdiction over the matter before agreeing to enforce the judgment, and that probably wouldn't fly.

Re:Juristiction? (4, Interesting)

Xenographic (557057) | more than 5 years ago | (#25775673)

I just hope there are no French people who have contributed code to Shareza. I wouldn't put it past them to go looking for someone with any sort of connection to the project at all to hold accountable for the entire thing...

Then again, maybe French law is different in that regard, but these crazy litigants all seem to be the same about doing that sort of thing, no matter what country they're suing from.

Slashdot is going DOWN !! (0, Funny)

Anonymous Coward | more than 5 years ago | (#25775797)

and not the good going down !!

Reap what you sow !!

It's in the bible (GALATIANS 6: 7-9) and it has so been foretold !! You are doomed as are all who read these pages !! Repent !! Repent !!

or you'll all be going down - TO HELL !!

Re:Slashdot is going DOWN !! (0, Offtopic)

Anonymous Coward | more than 5 years ago | (#25775841)

Nothing is going to happen to Slashdot. Try reading your Bible more carefully...

Jesus answered, "My kingdom does not belong to this world. If my kingdom belonged to this world, my servants would fight to keep me from being handed over to the Jews. But for now my kingdom is not from here." --John 18:36

If you wish to reap the Spiritual rewards mentioned in Galatians, perhaps you should be expending your energy on your relationship with God rather than making unfounded predictions about the fate of a worldly institution.

Re:Slashdot is going DOWN !! (-1, Offtopic)

Anonymous Coward | more than 5 years ago | (#25775873)

Anti-semitism will get you everywhere, and nowhere. I'd say burn in hell, but there is no hell. Unless you've ever been to Newark, then you'd know there is.

Re:Juristiction? (4, Insightful)

lysergic.acid (845423) | more than 5 years ago | (#25775819)

that's because stupid is contagious. it's no big secret that other countries emulate the U.S. culture is our greatest export, and so what happens in the U.S. becomes a precedent for other nations. unfortunately, this also includes our political/legal culture.

the U.S. passed the DMCA in 1998, and soon other countries started getting their own DMCA-analogs. so it shouldn't be surprising the RIAA's legal shenanigans are being copied by their foreign counterparts. that's globalization for you.

Re:Juristiction? (4, Informative)

sumdumass (711423) | more than 5 years ago | (#25775899)

You really need to look past your ignorance. The DMCA was required by WIPO treaty and as an extension to part of the berne convention as changed to allow the US to ratify it (which BTW, caused the copyright extensions).

The US didn't create the DMCA out of nothing. It was literally response to a treaty that all of Europe and other countries signed on to before we made the DMCA. The DMCA goes beyond the treaty a little but the meat is the same as the treaty requirements. The other countries creating their own DMCA are doing it for the same reason's the US did and that is because of treaty obligations.

Now you can claim that RIAA influenced the treaty and so on, this might be true, The recording industry was responsable for implementations of other treaties which more or less made Phonographs, tapes and CDs compatible across country borders which I would think most people see as a good thing.

Something else about the WIPO treaties, there are portions of them that basically say if the law in one land doesn't address something in the treaty, then the law of the aggrieved land can prevail. This will give France's court Jurisdiction over an American country just like it gives the US courts jurisdiction (including extradition rights) over other countries when violations occur that aren't violations in the other land. If France can pin the Source Forge action to a treaty, a US court must honor it unless the Supreme court finds something unconstitutional in some way. I suggest you look into the treaties we are obligated to if you actually want to effect any meaningful changes instead of blaming the wrong people. You can charge windmills all you want and probably never see changes in what your railing about because you don't understand the concept behind it.

Re:Juristiction? (5, Informative)

TubeSteak (669689) | more than 5 years ago | (#25776165)

The US didn't create the DMCA out of nothing. It was literally response to a treaty that all of Europe and other countries signed on to before we made the DMCA.

LoL
Yes, the USA created the DMCA out of nothing.

Clinton formed a working group under a guy named Lehman,
BUT, there was resistance in the USA to the anti-circumvention recommendation.
In response, Lehman took a shortcut through WIPO and a bad international treaty obligation was born.

As a result, the USA had to harmonize* the law with their treaty obligation.
The real tragedy is that because the US didn't want to pass the law in the first place,
everyone has to modify their copyright law.

*sometimes this is good and sometimes this is bad. It is rarely good when it is used to shove an unpopular law through your country's backdoor.

Re:Juristiction? (0, Offtopic)

Bottlemaster (449635) | more than 5 years ago | (#25775939)

it's no big secret that other countries emulate the U.S. culture is our greatest export, and so what happens in the U.S. becomes a precedent for other nations.

I have long been annoyed by your refusal to capitalize the first letters of your sentences, but until now I had no reason except pedantism and aesthetics for making a complaint.

In a perfect world, multiple spaces in HTML wouldn't be truncated to a single space, but as it is, the blockquoted section is difficult to parse. There is no clear sentence division in "U.S. culture", and I got hung up on it.

Actually, this is really more of a congratulations than it is a complaint.

the usa does plenty wrong in this world (1)

circletimessquare (444983) | more than 5 years ago | (#25776053)

but when another country does something wrong in this world, guess what? you blame that country, not the usa

i know, this is some radical thinking i'm playing with over here

to actually suppose that there are, get this, other countries in this world and, i know, floor yourself, they have their own governments and make their own decisions, and aren't just cut out cardboard characters who simply reflect what the usa is doing

pretty far out stuff huh?

Re:the usa does plenty wrong in this world (0)

Anonymous Coward | more than 5 years ago | (#25776187)

Perhaps if the US had not spent the last 8 years riding roughshod over human rights a basic legality
you might have a point. Then again the views of somone so shift key disabled are unlikely to be relevant I guess.

Re:Juristiction? (1)

Atlantis-Rising (857278) | more than 5 years ago | (#25775795)

Actually, from what I understand (and I do not claim to be an expert on these matters at any extent) the courts generally consider, when looking at matters of jurisdiction, in which way justice is better served; in some cases, that might mean that the Courts will decide they have jurisdiction over an act that took place entirely in a different jurisdiction because of fairness.

For example, look at all those laws that make it illegal to go to other countries and have sex with children there.

Re:Juristiction? (4, Interesting)

Gorgonzolanoid (1394311) | more than 5 years ago | (#25775909)

I think you're wrong about one point: AFAIK US courts, according to US law, DO have jurisdiction over foreign nationals for acts committed on foreign ground, as soon as US citizens or companies are affected (as alleged victims).
There was even some dismay in the news media here in Europe when the US adapted a law allowing US Marshals to arrest (read "kidnap") foreign nationals abroad to drag them before US courts. I don't remember what period that was exactly, but it's at least 10 years ago.

Re:Juristiction? (0)

Anonymous Coward | more than 5 years ago | (#25775763)

Someone should also tell the RIAA to stop sending threat letters to non-american ISP not operating in the US...

US outsouring juristiction (1)

PolygamousRanchKid (1290638) | more than 5 years ago | (#25776125)

The courts in the US are hopelessly backlogged. Maybe France could handle some petty US drug dealing and drunk driving cases, as well?

It would save the US courts time and money, and it might deter crime. Because a potential criminal knows that if caught, he will be defended by a court appointed french lawyer.

But going after SourceForge? That's "just not cricket." Or maybe a "faux pas."

Good luck .. (2, Interesting)

asifyoucare (302582) | more than 5 years ago | (#25775473)

.. enforcing a French ruling in the U.S. If these companies have no assets in France, they can tell the French court to go take le flying jump.

Re:Good luck .. (4, Funny)

Hansu (234247) | more than 5 years ago | (#25775579)

If US won't do as we tell you, we mobilize our mighty war machines and invade your puny little country. Just like we did with.. ehm... just like... umm...

Ahem, never mind.

And Blame Microsoft in... (-1, Offtopic)

Anonymous Coward | more than 5 years ago | (#25775479)

3...2...1...

Re:And Blame Microsoft in... (5, Funny)

retech (1228598) | more than 5 years ago | (#25775565)

Ok, but just out of boredom. I can easily see Balmer shouting: "développeurs, développeurs, développeurs!"

Cool! (5, Funny)

zmollusc (763634) | more than 5 years ago | (#25775485)

I hope they go after those evil, piracy-enabling, hard disk manufacturers next.

Re:Cool! (4, Funny)

Arimus (198136) | more than 5 years ago | (#25775707)

No, they need to go after the evil people who produce the silcon used in chips, no wait - add the mining companies who mine the metals used, the oil companies for the oils used to make plastics, for producing the stuff in the first place for us to find it and (ab)use it.

Re:Cool! (0)

Anonymous Coward | more than 5 years ago | (#25775741)

and nasa for making the building block for the internet, without it there wouldnt be that much pirating eh...

Re:Cool! (0)

Anonymous Coward | more than 5 years ago | (#25775817)

You mean DARPA. Let them take on Pentagon and after that why not God who created the infringer...

Re:Cool! (5, Funny)

MrNaz (730548) | more than 5 years ago | (#25775749)

You're not seeing the real force behind the evilness here. They need to sue monkeys for evolving into humans who would then go on to commit copyright infringement. Damn those tree-dwelling purveyors of immorality!

Re:Cool! (2, Informative)

Anonymous Coward | more than 5 years ago | (#25775779)

Humans did not evolve from monkeys. Humans and monkeys evolved from a common ancestor. We're their distant cousins, not their children.

Re:Cool! (1)

mrinvader (1408255) | more than 5 years ago | (#25775867)

they should ban methane, carbon, water, and electricity, precursors to those evil nasty pirates! VIVE L' REVOLUtION lolz

Re:Cool! (0)

Anonymous Coward | more than 5 years ago | (#25775887)

don't forget the record labels that produce the music enabling us to steal it

Re:Cool! (0)

Anonymous Coward | more than 5 years ago | (#25776157)

No. They didn't. Composers produce music. Record labels are merely parasites, unneeded middlemen.

Re:Cool! (0)

Anonymous Coward | more than 5 years ago | (#25775777)

None of this would ever be possible without electricity.

Best sue the electric companys. It's ALL their fault.

Re:Cool! (3, Informative)

eddyk (1278496) | more than 5 years ago | (#25775847)

Already done. In France there is a special tax on hard disks (and CD, DVD,..) to pay for private copies ! (Even if you don't use your hard disk for music...)

Re:Cool! (0)

Anonymous Coward | more than 5 years ago | (#25775913)

IE8
Firefox
Safari

All next...

Re:Cool! (2, Funny)

Gorgonzolanoid (1394311) | more than 5 years ago | (#25775931)

Absolutely! Who needs a terabyte of storage at home, if not for illegal purposes?
640K should be enough for anyone, even Gates already knew that in '81.

Re:Cool! (0)

Anonymous Coward | more than 5 years ago | (#25776099)

You're an idiot.

Please don't post here anymore.

Re:Cool! (1)

sam0737 (648914) | more than 5 years ago | (#25775953)

Hell! they should sue the singers and artists! without them making those songs, we have nothing to pirate!

Or they should shoot their own foot! If there is no recording label, there will be no song published by recording label to be pirated!

Wow (1)

Intrinsic (74189) | more than 5 years ago | (#25775491)

The French Record Labels really want to go out of business with a bang. good riddance. they just upped the ante as now regular developers are going to be in opposition against them.

RIAF? (1)

Hillview (1113491) | more than 5 years ago | (#25775493)

Absurd Lawsuits 101: Professor Mitch Bainwol.... first students apparently need interpreters?

Re:RIAF? (1)

mpe (36238) | more than 5 years ago | (#25776055)

Absurd Lawsuits 101: Professor Mitch Bainwol.... first students apparently need interpreters?

This weekend which country is ahead in this "sport" France or Germany?

Pricks (5, Insightful)

kramulous (977841) | more than 5 years ago | (#25775501)

This scares me a little. I mean, we should sue the gun makers because guns kill people. We should sue the ore miners because they produce the steel that is used in the guns.

If the French have such a problem with P2P why don't they just block it at the ISP level? Why go after the FOSS developers who just write a program? Because you can't possibly blame the citizens who breach copyright.

This is coming from a country that were happy to set off nukes in the pacific because they didn't what to bow to international pressure. Pricks.

Re:Pricks (1)

Tubal-Cain (1289912) | more than 5 years ago | (#25775529)

If the French have such a problem with P2P why don't they just block it at the ISP level?

Maybe they couldn't get away with blocking all p2p content (just copyrighted stuff), and since they can't identify a copyrighted file by the small chunks that are sent, they need to block it at the application layer

FTA:

Recent French legislation which inspired the labels to go after the P2P companies, suggests that all P2P applications must have a feature to block the transfer of unauthorized copyright works. The clients that are sued by SPFF obviously donâ(TM)t have such a feature. In fact, it is questionable whether it would be technically possible to develop such a filter. Nevertheless, SPFF demands it, and is claiming millions of dollars in damages for lost revenue.

Re:Pricks (1)

Walpurgiss (723989) | more than 5 years ago | (#25775735)

If you can't get away with blocking all P2P traffic because it may block legitimate traffic, then how can you attempt to sue the companies making the programs that facilitate that P2P traffic that you can't block?

Having that initial premise of not being able to block all P2P proves the case that their software is not only for unlawful P2P, which in turn would make the same argument against blocking all P2P valid against persecuting the companies and sponsors of said P2P applications.

Re:Pricks (1)

sumdumass (711423) | more than 5 years ago | (#25775943)

You can sort of make the accusation under the same thought concept that because most of the defibrillator machines work perfect and save lives, the ones that aren't used properly or malfunction and kill people shouldn't be pulled from the markets. In the same note, the sony laptop batteries that were bursting into flames should be left alone because when used properly, there wasn't a problem.

Now I know that seems ridiculous and off kilter but it isn't to far off. There is an aspect of responsibility for the use of a product even if it is unintended. Just look at all the warning labels on everything that are so obvious that you shouldn't need to see them. I mean a baby stroller has a label that says never collapse for storage with the child still in it, A ladder has the warning that the top step isn't a step (then why the hell is it there) and I have even seen one ladder that said never go higher then two thirds the total hieghth. I have a slow cooker that says never leave it unattended (like I'm going to sit there monitoring it for 12 hours while it cooks my roast). That being said, in most places, the liability extends to unintended use to lesser degrees when there are warnings about it. How this will be effected, I'm not sure.

Re:Pricks (1)

Spillman (711713) | more than 5 years ago | (#25775641)

From sourceforge's TOS:

COMPANY offers online resources for open source software development and content creation on SourceForge.net, including communications tools, source code version control, project management tools, online forums, personalized content, a donation system, branded programming, and a beta version of a marketplace


Um, seriously, what the hell!?

I mean, really. who in their right mind comes up with this shit. Can you imagine some well-paid guys sitting at a conference table saying, "Well, we're running out of people to sue. Oh, I got it, why don't we waste some more money and sue the company thats hosts all these projects, that'll shut them all down in one fell stroke. Genius, know we'll all get nice bonuses this year! haHA!"

What on earth are these people smoking? Obviously, they should be targeting Intel and AMD, if it weren't for their processors none of this would be happening. Or maybe take on the US government, for coming up with DARPAnet!

Re:Pricks (0, Offtopic)

master5o1 (1068594) | more than 5 years ago | (#25775907)

This is coming from a country that were happy to set off nukes in the pacific because they didn't what to bow to international pressure. Pricks.

Not to mention blow up Greenpeace's boat in Auckland's harbour over the same matter, but that's getting a little off topic.

Re:Pricks (1)

BESTouff (531293) | more than 5 years ago | (#25775979)

If the French have such a problem with P2P why don't they just block it at the ISP level? Why go after the FOSS developers who just write a program? Because you can't possibly blame the citizens who breach copyright.

It's worse than that. We have just passed a law to stop internet access for citizens sharing a file.

For my part I'm happy they sued: I just hope the courts will be intelligent and just throw the case away.

Re:Pricks (2, Interesting)

HuguesT (84078) | more than 5 years ago | (#25776223)

Hello,

Actually the HADOPI proposed law, which I think is the one you are referring to, has only gone through French Senate for a first reading, but this only means the deputies' Assembly can now vote on it, which is scheduled for early 2009. Then assuming it goes through it must go back to the senate, then to the constitutional council and finally be published for it to become law.

HADOPI is a broad permission and obligation for ISPs to cut off internet access for a set time if users are caught sharing "illegally".

Already there are problems with this proposed law as it is contrary to European rights, in particular rights to access to communications. According to European principles, people cannot have their internet access cut off without a proper trial.

In addition I think technically it will not work as expected, and the results will be unmitigated disasters for all parties involved. I can't wait until deputies and senators have their internet access cut off by some automated script.

Overlord? (1)

Bill, Shooter of Bul (629286) | more than 5 years ago | (#25775507)

What happened to the overlord description of the relationship between Slashdot and sourceforge? Is that an editorial change directed by legal to lessen the perceived value of the cooperation to reduce any potential monetary judgment against the firm?

Re:Overlord? (5, Funny)

Anonymous Coward | more than 5 years ago | (#25775629)

It's a conspiracy involving CmdrTaco, CowboyNeal, SourceForge, the French government and the Illuminati. I'd tell you more, but I've probably said too much already.

Posted AC for the obvious reasons.

Re:Overlord? (4, Funny)

Bill, Shooter of Bul (629286) | more than 5 years ago | (#25775671)

Yes. Yes of course... It, it all makes sense now! The single user that has posted the most comments on slashdot: Anonymous Coward!. He's involved in this. No, wait, he is this! This whole "conspiracy" is just one of his mind games to increase ad revenue and developer mind share. No one is really suing Sourceforge, except Sourceforge itself!. Also the french nation is a proxy for Sourceforge. Their crazy laws are just more of his humor. Like troll here on slashdot, but funnier because it actually effects people's lives.

Re:Overlord? (0)

Anonymous Coward | more than 5 years ago | (#25776193)

Only a lawyer would notice something like that, and we don't take kindly to your type 'round here.

Enlightenment? (2, Insightful)

imroy (755) | more than 5 years ago | (#25775511)

Once again the Enightenment [enlightenment.org] category/icon is misused on a Slashdot story.

I guess it goes to show how long Slashdot has been around, that it has a category for the Enlightenment window manager. And how certain software packages can come and go. But I hear that E is being used on mobile phones [openmoko.com] now...

Re:Enlightenment? (0)

Anonymous Coward | more than 5 years ago | (#25775679)

Some of us still use E. It isn't always necessary to have a bunch of useless crap cluttering up the screen.

It doesn't have to go on the cart if it doesn't want.

Re:Enlightenment? (2, Insightful)

Osty (16825) | more than 5 years ago | (#25775703)

Once again the Enightenment category/icon is misused on a Slashdot story.

Not Slashdot. KDawson. He's the only one who keeps using the category incorrectly.

Why stop with SourceForge (5, Funny)

isBandGeek() (1369017) | more than 5 years ago | (#25775517)

They should sue Google for not censoring results to sites that host P2P applications.

Then they should target ISPs for not blocking access to Google and all the other "infringing" sites.

And while they're at it, sue Slashdot for talking about this.

Google has lots of money. (1)

Shturmovik (632314) | more than 5 years ago | (#25775525)

Probably even more than a cabal of record companies. Record companies only target those they perceive as being incapable of defending themselves agsinst a concerted attack by the record companies' lawyers and money.

Re:Why stop with SourceForge (0)

Anonymous Coward | more than 5 years ago | (#25775543)

[This post has been removed by the Church of the RIAA]

Re:Why stop with SourceForge (0)

Anonymous Coward | more than 5 years ago | (#25775583)

They should sue the Internet.

Re:Why stop with SourceForge (0)

Anonymous Coward | more than 5 years ago | (#25775627)

*Sue the creators and distributors of all programming languages with networking capabilities that don't provide libraries out of the box to easily filter copyrighted material.

*Sue Logitech and Microsoft for making keyboards that don't filter and/or report to police obvious piracy strings like "s**e**" or "DVDrip".

It is the future of the developed world that we're talking about. If ordinary people start to have access to all imaginable media without corporate filtering they might begin to slowly develop individual taste or, God help us, individual and independent thought.

Re:Why stop with SourceForge (2, Funny)

Walpurgiss (723989) | more than 5 years ago | (#25775747)

Of course! Printers already are programmed to not print US legal tender, and to include identifiable codes in all things printed for tracebacks, why can't keyboards and mice be made to refuse input of anything covered by copyright?

Re:Why stop with SourceForge (1)

sumdumass (711423) | more than 5 years ago | (#25775983)

That would be practically impossible. Besides, typing Metallica isn't a copyright violation. What would you do if you have to write a report on the American revolutionary war and Revolution is a copyrighted song title, War is a copyrighted book titles, America is a copyrighted band name as well as a copyrighted self titled album, Founding fathers, patriots, king, and most other words you would use are copyrighted songs, books, movies, or covered somehow somewhere by a copyright.

If you forced a keyboard to ignore any input that could be considered copyrighted, you would effectivly loose the ability to do the majority of the stuff a computer can do.

Re:Why stop with SourceForge (1)

DMalic (1118167) | more than 5 years ago | (#25776077)

Sure, and neither is excerpting part of a movie for use in a school project. However, if that movie is on a DVD, the studio has chosen to disallow such an action, and that is why it is against the law to take advantage of fair use in this instance. You can't just do whatever you want without regard to the consequences. Considering this, I don't see anything out of the ordinary with common-sense limitations on pirates. Besides - people shouldn't be able to just type the name of the band in question without paying them anyway.

Re:Why stop with SourceForge (0)

Anonymous Coward | more than 5 years ago | (#25775669)

Next: French sue the English Language for letting P2P developers express and exchange infringement-enabling ideas.

Re:Why stop with SourceForge (1)

eddyk (1278496) | more than 5 years ago | (#25775871)

They should sue developpers of Skype which permits P2P file transfers...

Re:Why stop with SourceForge (2, Informative)

El_Muerte_TDS (592157) | more than 5 years ago | (#25775947)

And while they're at it, sue Slashdot for talking about this.

/. is owned by SourceForge inc., so that's aready covered.

This can only end in... (0)

Anonymous Coward | more than 5 years ago | (#25775527)

surrender! Ha!

One problem.... (0)

Anonymous Coward | more than 5 years ago | (#25775545)

Given the popularity of French music the final award was $1.20 including $1 in punitive damages.

Those French lawyers... (0)

Jane Q. Public (1010737) | more than 5 years ago | (#25775549)

... must have learned to drive in French tanks. Why else would they always be doing things backward?

Re:Those French lawyers... (0, Flamebait)

4D6963 (933028) | more than 5 years ago | (#25775575)

French tanks? Oh you mean the tanks we bought to Belgium and imported, around the Maginot line?

morons (-1, Troll)

Anonymous Coward | more than 5 years ago | (#25775571)

Morons.

Natural progression. (1)

WK2 (1072560) | more than 5 years ago | (#25775603)

This is just natural progression. Application developers, web hosts, ISPs, and then HDD and computer manufacturers. The RIAA and clones would love for all computers to be mandatorily locked down.

They sort of deserve it. (1)

alayah (1378377) | more than 5 years ago | (#25775625)

I love filesharing, hooray for being cheap! However, they have taken sharp turns for the worst as far as quality as time has gone on. I like dback when Kazaa was still good, but now they sort of deserve it. I don't think they'll ever succeed, but we'll find out. Organizations this big don't go down easy though.

Step 1... (1)

Punker22 (844641) | more than 5 years ago | (#25775697)

French lawyer thought process:

Step 1. - Announce and begin the process of suing a company completely devoid of responsibility for illegal file sharing.

Step 2. - ??

Step 3. - Profit.

Step 4. - Buy lots of smelly cheese and cigarettes!

Long story short... (5, Interesting)

Anonymous Coward | more than 5 years ago | (#25775711)

The French courts ruled that the French record labels have the legal right to make stupid lawsuits. Duh.

It does not mean that the French court system agrees that SourceForge should be tried, it does not mean that SourceForge will be found guilty, and it does not mean that even if they ARE found guilty that it would actually mean anything. (Good luck trying to enforce a ruling made in France, over a company not there.)

My guess is that the French courts are rolling their eyes over the thought of having to hear these cases out. They basically said "yes yes, technically you're right, we have to hear these cases too, however stupid they may be. "

Potential (1)

jandersen (462034) | more than 5 years ago | (#25775715)

... for hosting a application that can potentially infringe,...

This seems to have some interesting ramifications. Are we going to see criminal cases against utility companies for providing water, electricity and gas? All are potentiall murder weapons, much more serious than taking away income from a bunch of useless parasites, wouldn't you agree?

Why not go after weapons manufacturer? (1)

mach1980 (1114097) | more than 5 years ago | (#25775757)

So why aren't they suing weapons manufacturer making handguns or assault rifles. Their products have a sole purpose - killing people...

Oh, i forgot. Downloading is EXACTLY as killing people - according to RIAA anyways..

Re:Why not go after weapons manufacturer? (1)

Weedlekin (836313) | more than 5 years ago | (#25775825)

"So why aren't they suing weapons manufacturer making handguns or assault rifles. Their products have a sole purpose - killing people"

It probably has something to do with the fact that gun ownership is strictly regulated in France. The only categories of firearms that are freely sold are hunting rifles and shotguns, neither of which are designed to kill people.

Re:Why not go after weapons manufacturer? (1)

Dutch Gun (899105) | more than 5 years ago | (#25775877)

It probably has something to do with the fact that gun ownership is strictly regulated in France. The only categories of firearms that are freely sold are hunting rifles and shotguns, neither of which are designed to kill people.

Actually, it seems like "shotgun" describes this legal technique pretty well.

What will happen? (2, Interesting)

w0mprat (1317953) | more than 5 years ago | (#25775767)

So the french MafRIAA think they are merely suing a software download host?

What they are doing is prodding the FOSS community in the ribs with a stick, which is likely to make it angry. This is not a good idea.

p00p. (0)

Anonymous Coward | more than 5 years ago | (#25775849)

the decision to go after SourceForge for hosting a application that can potentially infringe, is stretching credibility beyond all bounds.

I don't find they're stretching their credibility much. If they believe that the software in question is used primarily to infringe on copyright (and filesharing is used primarily for the sake of sharing copyrighted material), and sourceforge makes availible said applications, it would make sourceforge an accessory.

They're stupid if they go after end users, they're stupid if they go after the application devs, and they're stupid if they go after those hosting said applications. I doesn't compute. Disdain for copyright aside, infringing on it is still illegal, and all accessories to it share guilt.

Why even bother mention that sourceforge is an "open source development platform" It's irrelevent, and the suit has nothing to do with open source, this is just an (bad) attempt to pain it as such.

Why attack their credibility? If the people at SF believe the've done nothing wrong, and aren't supporting anythging illegal, then let them prove as much in court, instead of FUDing it up here.

Re:p00p. (0)

Anonymous Coward | more than 5 years ago | (#25776075)

all accessories to it share guilt.

Sourceforge also host projects involved in network security tools, possession or distribution of which could be considered a crime in many countries. For example German laws over "hacking tools" are hopelessly broad and ill defined. [darkreading.com] The fact that network tools, programming tools, text editors, web browsers etc can be misused for criminal acts is irrelevant, it'd be foolish to persue a criminal case against distributors.

P2P software is used to share large amounts of data in a network efficient way, people using the tool to distribute copyright material to which they have no distribution rights is copyright infringement. HTTP, FTP, SMB, NFS, rsync, IRC... are vendors of software supporting these protocols in the crosshairs too?

computer and electric companies, etc (2)

_Shorty-dammit (555739) | more than 5 years ago | (#25775855)

Why aren't they suing the computer and electric companies, too? The programs all need computers to run on. The computers all need electricity to run on. And how about suing the schools/books/etc where the programmers learned their programming skills? Obviously they should be suing them, too. And the elementary schools and even their own parents for helping them learn to speak a language that allowed them to communicate in the first place. If they couldn't communicate, they wouldn't have been able to learn any of the skills they needed to write those programs. Evil song-stealing parents!

Stretching credibility? Not in France. (5, Informative)

Gorgonzolanoid (1394311) | more than 5 years ago | (#25775861)

In France, using encryption has long been illegal. I believe even SSL connections weren't allowed until the law changed in 1999.
So I wouldn't call this "stretching credibility", it's just on par for the course in that country where the government clearly doesn't have a clue about IT.

Worse, they're learning about IT - from the media mafia. For example, a year ago there were voices calling out [ifpi.org] for a complete internet ban for whoever is caught sharing a file, enforcing ISP's to act as police, attorney, jury and judge. Who came up with that idea? The IFPI. Who fell for it? The government.

Re:Stretching credibility? Not in France. (1)

Gorgonzolanoid (1394311) | more than 5 years ago | (#25775971)

Sorry, the link I included didn't clearly illustrate what it was supposed to.
This one [zeropaid.com] should be better (and it's "caught three times", not "caught").

Re:Stretching credibility? Not in France. (1)

wvmarle (1070040) | more than 5 years ago | (#25776159)

[...]enforcing ISP's to act as police, attorney, jury and judge.

And so much for the country that brought us the separation of powers.

This must be handled in the French way! (2, Interesting)

Heddahenrik (902008) | more than 5 years ago | (#25775897)

Whenever a stupid (or actually it's mostly about a smart) law is passed in France, they start to block freeways and throw stuff at the ones responsible (and some others).

So now it's up to the French to DOS http://www.sppf.com/ [sppf.com] and raise their voice!

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