Summary
The new decision to implicate file-sharing networks for copyright infringement could have implications on podcasting RSS feeds that post copyright-protected material in audio form.
Original source:
http://www.wired.com/news/digiwood/0,1412,68034,00.html?tw=wn_tophead_4
Details
Launched on Tuesday, Apple's podcasting service is built into its online iTunes Music Store.
The new service encourages iTunes users to subscribe to podcasts -- self-published radio programming -- for free, and allows them to publish their own.
Like the iTMS, the podcast service features a list of the top 100 podcasts and highlights programs in different categories, such as public radio, morning shows and talk radio.
Podcasters may not include unauthorized copyright material in their broadcasts, and Apple will reportedly monitor podcasts for infringing material, according to the Guardian.
Apple also provides a complaint form on the iTMS to notify the company of any copyright violations.
But with the unanimous Supreme Court decision in the MGM Studios v. Grokster case, companies can now be sued if they encourage users of their technology to infringe copyrights.
Godwin said Apple would likely have a very strong case because selling authorized, legal content is the focus of its business model.
But if a copyright holder were to bring a case against the company for an unauthorized podcast, Apple might have to litigate the case in order to win it.
Michael Gartenberg, research director at Jupiter Research, doubted the Supreme Court decision would spell trouble for Apple.
Gartenberg said it would probably be a greater risk for the podcaster than Apple.
Jason Shultz, an attorney with the Electronic Frontier Foundation said it was more likely that copyright holders would use the notice-and-takedown provision in the Digital Millennium Copyright Act.
"I don't think Apple's feature is going to be threatened under the Grokster decision unless there's overwhelming evidence that the majority of podcasts contain infringing material," he said.
With the new
podcast feature, Jupiter's Gartenberg said Apple has already taken the niche technology and made it mainstream.
About the author: Mike Adams is an award-winning journalist and holistic nutritionist with a passion for teaching people how to improve their health He has authored more than 1,800 articles and dozens of reports, guides and interviews on natural health topics, and he has published numerous courses on preparedness and survival, including financial preparedness, emergency food supplies, urban survival and tactical self-defense. Adams is a trusted, independent journalist who receives no money or promotional fees whatsoever to write about other companies' products. In 2010, Adams co-founded NaturalNews.com, a natural health video sharing site that has now grown in popularity. He also founded an environmentally-friendly online retailer called BetterLifeGoods.com that uses retail profits to help support consumer advocacy programs. He's also a successful software entrepreneur, having founded a well known email marketing software company whose technology currently powers the NaturalNews email newsletters. Adams is currently the executive director of the Consumer Wellness Center, a 501(c)3 non-profit, and pursues hobbies such as martial arts, Capoeira, nature macrophotography and organic gardening.
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Friday, July 15, 2005
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