This Note will focus on A&M Records, Inc. v. Napster, Inc. and will include an analysis of copyright law applicable to the legality of the incipient peer-to-peer file-sharing technology. The first section provide a brief factual history and introduction to the Napster legal discussion. The second Section of this Note will include a survey of relevant copyright doctrines, followed by a discussion of the Ninth Circuit's analysis of these doctrines as applied to the facts presented in "Napster." Finally, I will address the future of the peer-to-peer phenomenon, including a review and analysis of different types of peer-to-peer networks that are experiencing continued use and development. Some Napster offspring are constructed in a way that makes them seemingly immune to copyright liability. Thus, using post-Napster copyright law, I will address whether the judicial system will be able to control online music piracy, or whether Congress will be forced to address the issue with additional legislation. Ultimately, the evolution of peer-to-peer networks may spark a congressional response that will reshape copyright law to more effectively deal with Internet-related technological advances.
Joseph A. Sifferd,
The Peer-to-Peer Revolution: A Post-Napster Analysis of the Rapidly Developing File Sharing Technology,
4 Vanderbilt Journal of Entertainment and Technology Law
Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol4/iss1/6