A Critical Analysis of the Competing Bases of Liability For Peer-to-Peer File Sharing


Reproduced with permission from Antitrust & Trade Regulation Report, 102 ATRR 780, 06/15/2012. Copyright 2012 by The Bureau of National Affairs, Inc.

Peer-to-peer (‘‘P2P’’) file sharing software of one type or another has been downloaded worldwide over 600 million times.

These programs, such as Gnutella, KaZaA, and Bit- Torrent, allow users to copy and transfer copyrighted music from one user to another, free of charge. While P2P programs represent a significant and beneficial technological achievement, they have also spawned an unprecedented era of rampant and pervasive copyright infringement of musical works. The International Federation of the Phonographic Industry (‘‘IFPI’’) has stated that the ratio of unauthorized to authorized music downloads is more than 40:1. Although iTunes, the leading authorized online music distributor, has sold over six billion songs, it has been estimated that P2P file sharing accounts for over four billion songs a month—a ratio of approximately 150:1.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ropers, Majeski, Kohn & Bentley | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.