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If they don't, they would have to drop the 12 counts of child pornography against the singer, whose real name is Robert Sylvester Kelly Kelly Sex Photos Can't Be Used Mar 11, 10:27 AM EST Police illegally seized photographs allegedly showing R&B singer R Circuit Judge Dennis Maloney agreed with Kelly's lawyers that the search warrant for the drugs didn't give Polk County sheriff's detectives permission to take the camera, which was wrapped in a towel inside a duffel bag He also is facing child pornography charges in Chicago " g The photographs were on a digital camera seized from the singer's Davenport home during a drug raid Kelly's hits include "I Believe I Can Fly," "Bump 'n' Grind," "Feelin' on Yo Booty" and "Your Body's Callin' Those charges aren't affected by Maloney's ruling Kelly having sex with an underage girl and prosecutors cannot use them to try him on child pornography charges, a judge ruled Thursday Alleged R Prosecutors said they haven't decided if they will appeal The 34-page ruling by U Wilson concluded that there was no evidence that Grokster and StreamCast could supervise and control the use of their services Jack Valenti, president and CEO of the Motion Picture Association of America, said he was "surprised and disappointed" by Wilson's decision, but stressed that the public should not consider it a green light for piracy " Andrew Bridges, who was lead counsel for StreamCast before dropping out of the case last year, called the decision a "watershed moment Wilson's decision "was right in line with the Supreme Court decision in Betamax and the 9th Circuit decision in the Napster case," Gross said , because it did not join the request for a summary judgment In his ruling, Wilson cited the movie industry's efforts to hold Sony liable for Betamax video cassette recorders that could be used to make illegal copies of copyright works Fred von Lohmann, senior intellectual property attorney with the Electronic Frontier Foundation in San Francisco, said the ruling was not just a victory for the file-sharing services, but also for technology developers in general Unlike Napster, the pioneer file-sharing service ordered shut by the courts, Grokster and StreamCast say they only provide software and technical assistance " The ruling does not apply to a third and more popular service, Kazaa from Sharman Networks Ltd Web Song Swap Cos and StreamCast Networks Inc In that case, the courts found Napster had an obligation to police its service because it had a centralized server and the means to delete pointers to illegally acquired copyright files Robin Gross, executive director of IP Justice, an international civil liberties organization in San Francisco, said the court's decision is not inconsistent with rulings against Napster Grokster distributes file-sharing software by that name, and StreamCast distributes Morpheus Wilson acknowledged Grokster and StreamCast "may have intentionally structured their businesses to avoid secondary liability for copyright infringement, while benefiting financially from the illicit draw of their wares The Supreme Court in 1984 ruled that sale of copying equipment by itself did not constitute copyright infringement The entertainment companies, which had launched the lawsuit in October 2001, were disappointed by Friday's ruling S They need to rethink their business model We are not pirates," said Wayne Rosso, president of Grokster, which is based in Nevis, West Indies "It's a vindication District Court Judge Stephen Wilson was a major blow to recording companies and movie studios, which have been aggressively filing lawsuits and pushing new laws to stem the illegal copying and distribution of their copyright works " But he said that's a matter for Congress, not the courts "(Friday's) ruling does not condone such activity, nor is it an invitation to distribute and copy works without the permission of the owners of copyright," he said A hearing is scheduled Monday on Sharman's counterclaims accusing the entertainment companies of antitrust violations of liability Despite the rampant copying and trading of copyright music, software and music by their users, the file-sharing services maintain they do not condone copyright infringement Not Liable for Piracy Apr 25, 7:59 PM EST Two companies behind services for sharing music and movies over the Internet are not to blame for any illegal copying conducted by the services' users, a federal judge ruled Friday "This is teaching the record companies and the movie companies a lesson The decision, if it survives appeal, essentially absolves Grokster Ltd "Businesses that intentionally facilitate massive piracy should not be able to evade responsibility for their actions," said Hilary Rosen, chairman and CEO of the Recording Industry Association of America Napster hosted directories of users' files on its servers "The question of when will a technology maker be held responsible for misuses of the tools they produce is a question of equal importance to Cisco when it builds routers, Hewlett Packard when it builds computers and Microsoft when it builds software," von Lohmann said "We will continue our ongoing efforts to fight piracy on all levels " Rosen and Valenti both pledged to appeal the ruling |
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