· Consumer
Advisories · Contacting
Congress · Legislation · Litigation · Media
Center · Tell
A Friend


 
|
P2P United FAQ
(Frequently Asked
Questions)
|
Category: Main -> P2P United
| Answer |
· What is P2P United and why was it
formed?
P2P United is a
non-profit trade association which has been granted
"Section 501(c)(6)" status from the Internal Revenue
Service. The organization is privately funded by member
dues and contributions.
P2P United also accepts donations through its website.
At the present time, P2P United does not receive
government or institutional grant funding. Back
to top
|
· What kind of organization is P2P United
and how is it funded?
P2P United is a
non-profit trade association with "Section 501(c)(6)"
status from the Internal Revenue Service. The
organization is privately funded by member dues and contributions.
P2P United does not currently receive government or
institutional grant funding. Back
to top
|
· Does P2P United lobby Congress and other
federal officials?
Absolutely. One
of the principal reasons that P2P United was formed was
to work constructively with members of Congress and
their staffs, as well as other key federal
policy-makers, to fully understand peer-to-peer
technology and its tremendous positive potential. Active
lobbying is one significant means by which the
association conveys its messages. P2P United also hopes
to involve thousands of members of the public in that
process. Click here
now to Get Involved! Back
to top
|
· What are P2P United’s most important
public policy issues?
P2P United's
members believe strongly in the positive potential of
peer-to-peer technology to enhance education, commerce,
entertainment and science. To realize that potential,
however, policy-makers first must have confidence that
the possible and actual misuses of peer-to-peer
technology do not require either its over-regulation or,
as some have proposed, its de facto abolition.
Accordingly, P2P United has and will continue to take
strong stands on issues concerning the intellectual
property protection of copyrighted material, personal
privacy and data security, the fair compensation of
individual musicians and other artists, and regulations
of all kinds affecting P2P technology and its
use. Back
to top
|
· What federal legislation has P2P United
taken a position on?
Landmark
litigation involving two of P2P United's member
companies (the developers of Grokster and Morpheus
software) is now before the Supreme Court. Members of
the current 109th Congress reportedly are awaiting the
Court's decision, expected in June or July of 2005,
before introducing P2P-targeted bills. Rep. Rick Boucher
of Virginia, however, has re-introduced legislation
(H.R. 1201) wholeheartedly endorsed by P2P United to
protect the core legal principle for which P2P United's
members are now fighting in the Supreme Court: that the
developer and/or marketer of a neutral technology should
not be subject to copyright infringement liability based
on what others outside the developer's control might do
with it, so long as that technology is capable of
"substantial non-infringing uses."
For details
of Mr. Boucher's bill and others introduced in the
current Congress that may affect the future of P2P
technology -- and its availability to consumers,
educators, businesses, individuals and researchers --
please see P2P United's Legislation
page. You'll also find a link there to bills
introduced in the previous (108th) Congress which
directly or indirectly concerned peer-to-peer
technology. Back
to top
|
· What are the lawsuits against
peer-to-peer services about?
In what could
well become a landmark decision, the Supreme Court is
now considering whether the P2P United member companies
who develop and market the popular Grokster and Morpheus
peer-to-peer software should - as major movie studios,
record companies and music publishers claim - be held
"secondarily" liable for copyright infringement because
some users of the software may employ it to make
unauthorized copies of movies and music. Thus far, two
federal courts have held in this case, known as MGM v.
Grokster, that the developers of Grokster and Morpheus
should not be liable but Hollywood and the music
industry are hoping to reverse those rulings and, with
them, the Supreme Court's own longstanding principle
that the developer of an essentially "neutral"
technology that is "capable" of "substantial
non-infringing uses" will not be held liable for the
misuse of that technology by someone outside the
developer's control. Ironically, this principle was
established 20 years ago when major movie studios asked
the Supreme Court to hold Sony liable merely for
producing and marketing the "neutral" Betamax video
recorder and, fortunately for the studios, lost
the case! More than a score of briefs have been
filed in support of Grokster and Morpheus in the current
suit. For details and links to all of the filings made
with the Supreme Court and in the courts below, please
explore P2P United's Litigation
page. Back
to top
|
· Isn’t peer-to-peer software really just a
"burglary tool" to steal music and movies used by people
who just don’t care about copyright laws?
No, but the
question is entirely reasonable. P2P United was formed
in large measure precisely because most of what has been
written about peer-to-peer technology and its uses has
focused on false and flawed claims, like the one above,
by major entertainment companies. Those claims and the
attention paid to them, however, ignore several
important facts:
a) peer-to-peer technology can
be and is used to make information of all kinds (not
just entertainment content) readily and efficiently
available to students, teachers, businesspeople,
researchers and just-plain-folks. In other words,
baseball bats are used as weapons by some, but the law
doesn't bar the Louisville Slugger company from selling
them or subject last year's MVPs to fines for possessing
or using them;
b) consistent with the Supreme
Court's 1984 decision in Sony
Corp. v. Universal City Studios, the many
"substantial non-infringing uses" of peer-to-peer
software described above already have been found by some
courts to mean that the technology itself is and should
not be unlawful and that those who distribute it are not
contributing to or otherwise guilty of violating
copyright law; and
c) the claim that an
individual who simply makes a copyrighted work like a
song that he or she has purchased available to others in
a peer-to-peer community is violating copyright law by
doing so, even though he or she hasn't affirmatively
sent that file to anyone, is now being tested in
court. Back
to top
|
· Won’t using peer-to-peer software make me
more vulnerable to identity theft?
No. Absolutely
nothing about peer-to-peer software itself, or its
responsible use, increases the odds that a user's
personal information can or will be accessed by some
unknown person. This misconception is based on the
well-intentioned, but ill-informed, belief that it is
easy for a peer-to-peer software user to accidentally
and unwittingly make the entire content of his or her
hard drive available to other users. In fact, this is
not and has never been easy to do inadvertently.
Moreover, to further guard against such a result, all
P2P United members have committed themselves in a new
industry Code
of Conduct to making it even harder. Back
to top
|
· How do I protect my children from
downloading pornographic or other inappropriate files
through peer-to-peer networks?
Just as parents
must be vigilant about how, when and where children use
e-mail, instant messenger technology, surf the internet
or participate in chat rooms, they also must monitor
what files their children access through peer-to-peer
networks. As always, setting limits on what kind of
material children may actively search for and acquire is
important and necessary.
Unfortunately, not all
peer-to-peer users will accurately or completely label
files available to be shared. (A file called
"Cheerleading Cheers," for example, could be made up of
or include inappropriate images just as an innocuously
named website found with a search engine could include
adult material.) P2P United's members are committed to
assuring that all parents fully understand these
technical realities of the internet and of peer-to-peer
networks so that they may decide for themselves whether
and under what terms their children may use these
tools.
For help and further information, P2P
United suggests that you explore its "Parent to
Parent" Resource Center. Back
to top
|
· Is KaZaa a member of P2P
United?
No. Neither
KaZaa, nor any corporation with an interest in it, is a
member of P2P United. Back
to top
|
· How can I help P2P United get its
messages across to policy-makers?
Thanks for
asking! For the moment, the best and easiest way to lend
your voice to the P2P policy-making process in
Washington is to use our "Get
Involved" page to let us know of your interest and
how to reach you. (Of course, we'll never share your
contact information with anyone outside P2P United.
Period.) As the legislative process heats up, we'll keep
you informed by e-mail of what's going on and how best
to communicate with your elected representatives. We'll
even make it easy to find out who your Members of
Congress are and to e-mail or fax them. Back
to top
|
|
|