The Times gets the story down. (On topics not involving politics, regarding which the paper is hopelessly corrupt, it’s still very good.) Is clunky, social-networking-for-twenty-somethings pioneer MySpace really entitled to the safe harbor provisions of the DMCA? I’ve expressed my doubts about the likes of YouTube getting the free pass (and maybe I’m not so alone), but I’m a little less agnostic regarding MySpace.
A California lawyer interviewed by the Times, Anthony Berman (who has no useful Martindale listing and whose website unfortunately consists of nothing but a series of empty Flash animations, so no usable link is available — I’m sure he’s very good), gets it right, though: It hardly matters, and neither side really would dream of taking it far enough to find out:
Mr. Berman said Universalâ€™s case was intended more to press MySpace into a lucrative licensing deal rather than into a real court fight. â€œItâ€™s a way to get MySpace to the table,â€ he said. â€œItâ€™s less about piracy. Itâ€™s a lot about control.â€