October 26, 2005 4:00 AM PDT
Perspective: Nothing but the online truth--or else
See all Perspectives
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For example, a federal judge in Los Angeles has just barred the allegedly deceptive advertisements of a Web operation that asserted that membership in MP3DownloadCity.com would allow users of peer-to-peer file-sharing programs to transfer copyright materials without running afoul of the law.
On top of that, the Federal Trade Commission plans to permanently ban these assertions about membership in MP3DownLoadCity.com, seek monetary compensation for consumers, and provide notification to consumers who signed up for membership that use of these file-sharing programs may subject them to civil or criminal liability.
The defendant, Cashier Myricks Jr., doing business as MP3DownLoadCity.com in Los Angeles, markets and sells a tutorial and referral service that promotes the use of peer-to-peer file-sharing programs to download digital music, movies and computer games, according to the FTC. The defendant's service does not provide a license to download and share copyright materials to its paying customers, unlike a licensed subscription service. For $24.95, the defendant instead instructs customers on the use of free peer-to-peer file-sharing software provided by Kazaa and others.
Here is the real rub--the FTC claims that consumers are lured into becoming the defendant's members by deceptive statements to the effect that subscribing to the defendant's service somehow makes peer-to-peer file-sharing legal. The allegedly deceptive Internet advertisements make the following types of assertions:
• "AND BEST OF ALL PEOPLE ARE NOT GETTING SUED FOR USING OUR SOFTWARE. YES! IT IS 100% LEGAL;" and
• "Rest assured that File-Sharing is 100% legal."
The FTC's complaint takes the position that the defendant's customers who use peer-to-peer file-sharing programs to download copyright material, or who make it accessible to others, are guilty of copyright infringement and could face civil and criminal liability to the extent they do not have permission from the copyright holders.
Not surprisingly, the FTC charged in its complaint that the defendant violated the Federal Trade Commission Act by "falsely claiming that membership in its service made P2P file sharing legal."
So, what is the moral of this story? Tell the truth, and nothing but the online truth, especially when stating whether conduct could or could not subject others to legal liability.
For further guidance on peer-to-peer file-sharing, consult the FTC's consumer alert, P2P File Sharing: Evaluating the Risks.
Biography
Howard A. Schmidt is CEO of R & H Security Consulting. He's also a former cybersecurity advisor to the White House and a former chief security officer at Microsoft and eBay.
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How people?s use technology is a reflection of society. There will always be people who ignore the truth and law. A famous quote by Sir Winston Churchill sums this up nicely.
?Men occasionally stumble over the truth, but most of them pick themselves up and hurry off as if nothing has happened.?
It is important for us to not leave the ethical issues of technology to be arbitrated solely by judges and courts. We all need to be accountable for the way we use technology and avoid the temptation to ignore or participate in acts of software piracy, or the abuse of copywritten materials as well as online porn, gambling, etc.
Tech Industry journalists have a responsibility to call attention to those who violate the letter and/or spirit of the law and discourage the use of their products/services. Advertisements from these vendors should also be rejected.
"Technology is driving the future... it's up to us to do the steering." CPSR (Computer Professionals for Social Responsibility)
How people?s use technology is a reflection of society. There will always be people who ignore the truth and law. A famous quote by Sir Winston Churchill sums this up nicely.
?Men occasionally stumble over the truth, but most of them pick themselves up and hurry off as if nothing has happened.?
It is important for us to not leave the ethical issues of technology to be arbitrated solely by judges and courts. We all need to be accountable for the way we use technology and avoid the temptation to ignore or participate in acts of software piracy, or the abuse of copywritten materials as well as online porn, gambling, etc.
Tech Industry journalists have a responsibility to call attention to those who violate the letter and/or spirit of the law and discourage the use of their products/services. Advertisements from these vendors should also be rejected.
"Technology is driving the future... it's up to us to do the steering." CPSR (Computer Professionals for Social Responsibility)