Monday, March 15, 2004

According to Xeni Jardin at Wired, the MPAA have drafted a letter for the California attorney general, Bill Lockyear, to circulate to fellow attorneys general, to encourage an all out legal assault on P2P file sharing software companies.

"The draft document, dated February 26, was obtained by Wired News on March 12. Distribution of a revised version to other attorneys general is said to coincide with the spring meeting in Washington, DC, March 15 to 17 of the National Association of
Attorneys General, of which Lockyer is president. The attorney general's office plans to release a final version publicly within the coming month, after obtaining additional signatories.

"We do not wish to make any comment at this time on any document that the office of the attorney general may or may not be developing," said Tom Dressler, spokesperson for Bill Lockyer in Sacramento. "But we remain concerned about the potential dangers posed to the public by peer-to-peer file-sharing technology."

However, the metadata associated with the Microsoft Word document indicates it was either drafted or reviewed by a senior vice president of the Motion Picture Association of America. According to this metadata (automatically generated by the Word application), the document's author or editor is "stevensonv." (The metadata of a document is viewable through the File menu under Properties.)

Sources tell Wired News that the draft letter's authorship is attributed to Vans Stevenson, the MPAA's senior vice president for state legislative affairs. MPAA representatives have issued similar criticisms of P2P technology in the past. Stevenson could not be reached for comment. "

Extract from the letter:

"As a P2P software developer and distributor, we believe you have the ability and responsibility to better educate consumers about these known risks, and to design your software in a manner that minimizes the risks. We view with grave concern reports that at least some P2P software developers may be adding features deliberately designed to hinder law enforcement in its prosecution of crimes using P2P software. Companies that engage in such conduct, and fail to meet the important responsibilities referenced above, harm the interests of consumers in our States.

It is widely recognized that P2P file-sharing software currently is used almost exclusively to disseminate pornography, and to illegally trade copyrighted music, movies, software and video games. File-sharing software also is increasingly
becoming a means to disseminate computer worms and viruses. Nevertheless, your company still does little to warn consumers about the legal and personal risks they face when they use your software to "share" copyrighted music, movies and computer software. A failure to prominently and adequately warn consumers, particularly when you advertise and sell paid versions of your software, could constitute, at the very least, a deceptive trade practice...

...Whether it is the widespread availability of pornography, including child pornography, the disclosure of sensitive personal information to millions of people, the exposure to pernicious computer worms and viruses, or the threat of legal liability for copyright infringement, P2P file-sharing software has proven costly and dangerous for many consumers...

Over the coming months, we will begin focusing more attention on the risks P2P software programs pose to consumers in our States. We hope this inquiry will encourage you to take proactive, concrete and meaningful steps to address the problems we have raised in this letter.... We take seriously our responsibility to protect consumers and ensure that the laws of our States are respected. In the future, we will not hesitate to take whatever actions we deem necessary to ensure that you fulfill your duties as a responsible corporate citizen.

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