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Press
Release
COALITION OF NATIONAL FAMILY, CHILD ADVOCACY AND LAW
ENFORCEMENT GROUPS ENTER BATTLE OVER FILE SHARING
Kids First Coalition, Fraternal Order of Police, NCMEC, Christian
Coalition and Others Argue That Grokster Decision Will Impact Child Pornography
and Obscenity Enforcement
WASHINGTON, D.C. - January 25, 2005 - A diverse coalition of family,
child advocacy and law enforcement groups has asked the Supreme Court
to overturn a Ninth Circuit decision that refused to hold peer-to-peer
file-sharing companies accountable for copyright infringement on their
networks.
In a friend-of-the-Court brief authored by Georgetown University Law
Professor Viet Dinh, the groups argue that the Ninth Circuit's blessing
of rampant copyright violations on P2P networks Grokster and StreamCast
"encourages peer-to-peer networks to blind themselves to distributed
content and to avoid detecting and filtering illegal, pernicious activities
such as the trafficking of child pornography and obscenity."
"The decision below [in the Ninth Circuit] encourages the proliferation
of irresponsible networks that facilitate unfettered distribution of illegal
materials," the brief notes. "By redesigning their business
model and software so that they could disclaim any knowledge or control
over distributed content, [P2P companies] sought to profit from the illegal
activity as the 'next Napster.'"
The group of amici, led by Penny Nance of the Kids First Coalition,
includes the National Fraternal Order of Police, the National Center for
Missing and Exploited Children, the Christian Coalition, Concerned Women
for America, and other organizations.
"It is crucial that the Supreme Court understand the weight this
case has on the safety of children. It's not just about copyright,"
said Penny Nance, President of the Kids First Coalition.
"The use of peer-to-peer networks for the distribution of child
pornography is growing dramatically," said Ernie Allen, president
and CEO of the National Center for Missing & Exploited Children. "It
will continue to increase as child pornographers search for lower risk
avenues to trade illegal images - places where there is virtually no risk
of identification or apprehension by law enforcement. The organizations
that create or enable P2P networks should be held accountable for the
knowing, illegal misuse of their services to victimize children."
"Criminals who prey on our children are increasingly taking advantage
of safe harbors on the Internet," said Chuck Canterbury, National
President of the 318,000 member Fraternal Order of Police. "We in
law enforcement are committed to stripping away the firewalls which have
been erected between those criminals and the justice that they deserve."
The President of the Christian Coalition of America, Roberta Combs noted:
"Christian Coalition of America supports any legal strategy to stop
the distribution of child pornography, obscenity, and other prohibited
materials."
"This case should have been a no-brainer for the 9th Circuit,"
said Jan LaRue chief counsel for Concerned Women for America. "The
peer-to-peer companies took affirmative steps to distance themselves from
legal liability while profiting from and continuing to enable their customers'
violation of copyright laws. The Supreme Court needs to reverse this ludicrous
decision."
The case is Metro-Goldwyn-Mayer Studios, Inc. et al v. Grokster,
Ltd. et al, 04-480. Oral argument is set for March 29, 2005.
CONTACT:
Barbara Comstock
202-772-5800
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