After Napster: Aimster, Gnutella, and Other Peer-to-Peer File Transfer Networks – Reading Assignment for March 3 class

 

 

First, please read the Napster case, 239 F.3d 1004 (9th Cir. 2001).  If you don’t want to go on Westlaw, here’s a link: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=9th&navby=case&no=0016401&exact=1

(In reading the Napster opinion, you may want to refer to section 512 of the Digital Millennium Copyright Act (DMCA), at http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=17&sec=512.)

 

If you would like a summary of the Napster case, see Joseph Sifferd’s note in the Vanderbilt Journal of Entertainment Law & Practice at 4 Vand.J.Ent.L.& Prac. 93.  I’ll have hardcopies at class on Monday.  This note also describes how Napster’s holding could exempt “pure peer-to-peer networks” from liability.  Another short article on that subject is at http://www.lawtechjournal.com/notes/2002/10_020819_kwant.php.

Can these new peer-to-peer networks be held liable for contributory and vicarious copyright infringement under the reasoning of Napster?

 

A Dutch court has ruled that KaZaA is lawful, although some of its users may download copyrighted works.  Please read this decision at http://www.eff.org/IP/P2P/BUMA_v_Kazaa/20020328_kazaa_appeal_judgment.html

 

A U.S. district court recently found that it had jurisdiction in MGM v. Grokster, in which one of the defendant is the Australian corporation that owns KaZaA.  Please read the opinion at http://www.cacd.uscourts.gov/CACD/RecentPubOp.nsf/bb61c530eab0911c882567cf005ac6f9/e19d0bcc761118ad88256cb700708a1f/$FILE/CV01-08541SVW.pdf

 

Then, if you want to see some really funny parodies of Lars and James (of the band Metallica) in their quest to shut down Napster, go to http://www.campchaos.com/cartoons/napsterbad/napsterbad_56k.html.  This links to the first in the “Napster Bad” cartoon series, but on the right of the screen are links to the other 8 cartoons.  These files are not too large, but, if you can’t get them, it really is no big deal.  Just a warning, these cartoons have strong language.  So, if you are easily offended, don’t bother.