Makers of software that allows users to swap music and film files over the Internet for free are not responsible for copyright infringements, a judge in Los Angeles has ruled.
Federal Judge Stephen Wilson ruled in a case that pitted major Hollywood studios and big-name recording companies against Grokster and StreamCast Networks Inc, the makers of file-swapping software Morpheus.
The surprise decision last night is a reversal for Hollywood's quest to combat Internet piracy, which it claims deprives artists and producers of sales income. The music industry was victorious against song-swapping service Napster in 2001.
But in his ruling, Mr Wilson argued that "Grokster and Streamcast are not significantly different from companies that sell home video recorders or copy machines, both of which can be and are used to infringe copyrights.
"It is undisputed that at least some of the individuals who use (the) defendant's software are engaged in direct copyright infringement of plaintiffs' copyrighted works," he went on.
But the companies themselves are not responsible, Mr Wilson said, citing VCRs and Sony as a precedent.
Lawyers for Grokster and StreamCast hailed the decision. "We believe the Morpheus case is about technology, not piracy, and today the court agreed, making it clear that technology companies are not responsible for every misuse of the tools they make," said attorney Mr Fred von Lohmann.
Plaintiffs in the suit against Grokster and StreamCast include MGM, Columbia, Disney, Paramount, Warner Bros, 20th Century Fox and Universal, as well as recording companies Virgin, Sony, Arista and Capitol Records.
The Motion Picture Association of America declared itself disappointed by the outcome and said it planned to appeal.
StreamCast Networks Inc says on its website that Morpheus, which allows users to share text, images, audio, video, and software files, has been downloaded over one hundred million times around the world.
AFP