Tuesday, June 28, 2005

Illegal recipe sharing - Peer2Peer Recipe Journal

Using the copyright law: (link)

Mere listings of ingredients as in recipes, formulas, compounds or prescriptions are not subject to copyright protection. However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a combination of recipes, as in a cookbook, there may be a basis for copyright protection.

And combined with: (link)

The justices ruled against P2P companies Grokster and Streamcast because they believed that the companies intended for their users to infringe copyright with their service. The key line from the decision: “One who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement . . . is liable for the resulting acts of infringement by third parties.” But the judges don’t specify what those steps might be. In other words, if it can be shown that a company “took any affirmative steps” to aid copyright infringement, it can be held liable.

I give you the new illegal product:

Peer2Peer Recipe Journal

Its description:

What better way to enjoy food than with friends? To use this journal you should buy two, one for you and one for your friend. Then when you find a recipe that you like, either from a variation of a current favorite, or a recipe from a new cookbook, write down the ingredients and the procedure, including any tricks that are important. After a couple of weeks exchange the journals and try the new recipes that your friend found. I am sure that you will find many new favorite recipes this way. Enjoy!

The original recipes are copyrighted, and the description encourages you to write them down if you like them and then give them to your friend, so this product is now illegal according to the new Supreme Court ruling from today.

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