States Warn File-Sharing Networks

The Washington Post (reg req) has obtained a letter which will be sent from more than 40 state attorneys general to warn major p2p file-sharing networks, including Kazaa, Grokster, BearShare, Blubster, eDonkey2000, LimeWire and Streamcast Networks, that they may face enforcement actions if they do not take concrete and meaningful steps" to stem illegal activity on their networks, such as the trading of child pornography, stolen movies and music.

The AGs believe that despite the fact that several courts "have ruled that the networks are not liable for acts of their users", that they are not precluded from bringing enforcement actions against the networks.

Xeni Jardin had posted a possible draftof this letter on BoingBoing and Wired back in March:

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.

(...) 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.

Excellent. Ernest Miller has the letter (Letter from National Assoc. of Attorneys General to P2P United, Aug. 5, 2004 [PDF] and an analysis.