Point - Counterpoint

Written by Eric Olsen
Published September 05, 2002
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Will the bill allow copyright owners to knock P2P file sharers offline?

No. As noted above, H.R. 5211 only immunizes the blocking of copyright infringement on P2P networks. A copyright owner would remain fully liable for any action that knocks a P2P user offline, even if such disruptions were the unintended consequence of stopping infringements. It is critical to remember that H.R. 5211 does not create some new, affirmative right for copyright owners, but only provides them with a limited safe harbor from potential liability under other laws. As such, H.R. 5211 only limits a copyright owner's liability for the activities specified in the legislation, and cannot be read to limit liability for activities not specified therein.

Does H.R. 5211 allow copyright owners to destroy files on my computer?

No. H.R. 5211 explicitly states that it does not allow copyright owners to destroy, corrupt, or otherwise alter files or data on a P2P user's computer. To subscribe to Politech: http://www.politechbot.com/info/subscribe.html
This message is archived at http://www.politechbot.com/
Declan McCullagh's photographs are at http://www.mccullagh.org/

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Point - Counterpoint
Published: September 05, 2002
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Section: Culture
Writer: Eric Olsen
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