Article: DON’T SHOOT THE MESSENGER
Articles / September 2003

Click here to download this article as a PDF file (.pdf) “Don’t Shoot The Messenger: Copyright Infringement in the Digital Age” by Ben Challis Music Industry Lawyer and Senior Lecturer in Law, Buckinghamshire Chilterns University College High Wycombe, Buckinghamshire, England, UK September, 2003 – with subsequent addenda From the humble VHS machine to Internet file swapping, the issue of hardware and software – which has both infringing and non-infringing uses – has long troubled the courts on a global basis. Recently, different technologies have faced their scrutiny: since 2000 a number of cases have been focused on peer-2-peer file swapping on the Internet, but manufacturers and others who provide, produce, write and manufacture software and/or hardware capable of copyright infringement, have also found themselves at the receiving end of lawsuits.   In 2003 the Motion Picture Association of America (MPAA) launched an action in the High Court of England & Wales against 321 Studios – which produces software which allows the copying of DVDs by consumers. The MPAA has already filed an action in the US (December 2002) seeking to prohibit the sale of 321 Studios’ software titles DVD X Copy and DVD Copy Plus. The MPAA also wants any profits from sales as recovery…