The RIAA is appealing against the ruling regarding Grokster and that it doesn't infringe upon copyright just because it the software itself may allow users to do so:
The problem is that the RIAAs logic and above statement could be applied to items like Cars, all of which can go above the speed limits of most countries. So does this make all cars illegal from the start, no since it depends on the driver and not the car. The car can't break the law without the driver and thus nor can software like Grokster.
It could be argued though, that file swapping programs weren't specifically designed for the proliferation of copyrighted files - I could look to a P2P program to get patches, film clips of games, freeware & shareware programs; basically anything you can get from an FTP, the BW one for example.
It's the users that are to blame, not the programs or their makers.
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