Technology Under Seige

January 01, 2003

This article will examine the copyright law attack on peer-to-peer file-sharing technology, which has been invigorated, especially in the entertainment industry, by the Ninth Circuit's Napster decision.[1]  The entertainment industry's attack on peer-to-peer technology is misguided.  the architecture of peer-to-peer technology differs significantly from that in Napster's hybrid model, which has a central server to control the file-sharing.  Peer-to-peer technologies, such as Morpheus, Grokster, Kazaa, and Gnutella, lack the control that is required under copyright law, even the Digital Millenium Copyright Act ("DMCA") and the control that Napster had.

[1] A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001) aff'g in part rev'g in part, 114 F. Supp. 2d 896 (N.D. Cal. 2000).

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