Licensing has emerged as a major issue in copyright litigation. Historically, copyright litigation hinged on relatively simple questions of whether one party had improperly duplicated or used a copyrighted work. In the last 15 years, however, new technologies like file sharing, streaming media and user-generated mash-ups of copyright material have stretched the boundaries of traditional copyright. High profile cases involving the likes of Napster, Google, and YouTube forced copyright holders to reimagine their licensing regimes.

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