I’ve actually had time to read the entire decision, and I find this totally reasonable.
This is the text of the decision, and I’m surprised that this was turned into such a landmark case to begin with. It’s meaninless – all it says is that if you promote a service meant to contribute to copyright infringement, you can’t hide behind the defense that your service also has other uses.
Discovery revealed that billions of files are shared across peer-to-peer networks each month. Respondents are aware that users employ their software primarily to download copyrighted files, although the decentralized networks do not reveal which files are copied, and when. Respondents have sometimes learned about the infringement directly when users have e-mailed questions regarding copyrighted works, and respondents have replied with guidance. Respondents are not merely passive recipients of information about infringement. The record is replete with evidence that when they began to distribute their free software, each of them clearly voiced the objective that recipients use the software to download copyrighted works and took active steps to encourage infringement.
This isn’t about freedom of technological expression, unless I’m missing something big here. These guys were running a service encouraging people to trade copyrighted content, giving them tech support on it, and then hiding behind the claim that other people were using the service for legitimate means.
We can argue about whether that should be legal or not, but as far as I can tell, there isn’t a strong case for the argument that it actually is legal. This isn’t about protecting the rights of technologists to develop new ideas – this is about actual copyright infringement. There are two different cases here:
1. You release a tool that enables people to infringe copyright and you have no control over that.
2. You release a tool that enables people to infringe copyright and you advertise it as such, promote it with that goal, and help people out when they can’t download the latest Britney album.
Sounds like #2 to me.