Via ZDNet Australia…
What do .MP3’s and Player Piano’s have in common? They’re both ways to play copies of music, right? But, under an 1899 (no, that’s not a typo) case ruling, player piano rolls don’t violate the copyright of sheet music, even though they reproduce the outcome thereof: the music.
“Sharman License Holdings may be resting its defence on a precedent set over one hundred years ago, according to statements made by its lawyers in court last Friday, as the company prepares to face alleged music copyright infringement charges relating to its file sharing software Kazaa. Sharman lawyer JR Ellicot referred to the 1899 case of Boosey v. Whight in addressing the courts concerns over the defence’s lack of cross-claim, he stated ‘It will be our submission in this case that we are exactly in that position now in relation to sound recordings.'”
Wow… now that’s one that I didn’t see coming.