BBC NEWS | Technology | File-sharing ruling fuels worries

This BBC article gives a very good idea of what many of my concerns are about this ruling:

‘Murky rules’

Representatives from the technology industry are worried that the ruling could lead to uncertainty about the legality of new products and services.

“The court has done little to provide a clear path for legitimate innovators and manufacturers to avoid lawsuits related to copyright infringement over legitimate products and services,” said Gary Shapiro, president of the Consumer Electronics Association.

“With this ruling the Supreme Court has handed a powerful new tool to litigious content creators to stop innovation.

“Innovators must now consider new murky legal rules and potentially overwhelming legal costs before bringing their product to market or even moving forward with an innovative idea.”

And experts have questioned how the courts will decide whether a product or service is “inducing” piracy.

“Obviously there is lots of room for interpretation, so courts and lawyers will be busy for many years on these cases,” said Lauren Weinstein, a well-known net privacy campaigner.

“In the long run, the decision is like trying to use a wad of chewing gum to plug a leaking hole in a massive earthen dam,” he said in an e-mail published on an internet mailing list.

“You may cut down on the dripping for the moment, but don’t throw away your snorkel, for the flood is yet to come.”

As I stated in this Scot’s Newsletter forum topic:

I have no problem with copyright holders doing what they want with the fruit of their labors and yes, they should be able to make money on their efforts. But this ruling won’t help anyone but the big money cartels. I do not see how the small independent musicians will benefit from such a ruling.

I do think spyware making companies and filesharing network software companies that make use of spyware in their software should be held accountable for something!

But I do have a problem with rulings like this.

It opens so many doors to litigation and the crapshoot court trials have always been, and the cost to innovators and new technology will be unbelievable. The cost for bringing a product to market is already amazingly high … without this ruling!

This seems like it will be a bad thing for innovators, and to the fair use of what we purchase such as being able to find software/hardware to make backup copies of CDs and DVDs that we purchase, etc.

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