Code Wars

Code Wars

10 Years of P2P Software Litigation

Rebecca Giblin

With reference to US, UK, Canadian and Australian secondary liability regimes, this insightful book develops a compelling new theory to explain why a decade of ostensibly successful litigation failed to reduce the number, variety or availability of P2P file sharing applications – and highlights ways the law might need to change if it is to have any meaningful effect in future.

Notes to the text

Rebecca Giblin

Subjects: law - academic, intellectual property law

Extract

Chapter 1 1. Eric Bangeman, “P2P traffic shifts away from music, towards movies” Ars Technica , (6 July 2007) accessed at 18 November 2010. Reported at Eric Bangeman, “P2P responsible for as much as 90 percent of all ‘Net traffic” Ars Technica, , (3 September 2007) accessed at 6 September 2007. See 17 USC § 104. “RIAA v The People: Four years later” Electronic Frontier Foundation, , (29 August 2007) accessed at 7 September 2007 at 2 (internal note omitted); Grant Gross, “Despite Lawsuits, P-to-P Use Still Growing” PC World, , (5 October 2007) accessed at 10 October 2007. See Mark Motivans, Intellectual Property Theft, 2002, Bureau of Justice Statistics, 13 accessed at 11 November 2005. Anders Bylund, “RIAA defendant dies, heirs given 60 days to grieve before depositions”, Ars Technica, , (12 August 2006), accessed at 8 November 2010. Capitol Records Inc v Thomas-Rasset, 680 F Supp 2D 1045, at 1057 (D Minn 2010). See minutes of decision at Scribd, , (3 November 2010) last accessed at 28 January 2011. Sony BMG Music Entertainment v Tenenbaum, 93 USPQ 2d 1867 (D Mass, 2009). Sony BMG Music Entertainment v Tenenbaum, 2010 WL 2705499, at 3 (D Mass, 2010). See eg Eliot Van Buskirk, “Survey Says Most Share Files without Fear of RIAA Lawsuits” Wired, , (24 April 2007) accessed at 10 October 2007. Sarah McBride and Ethan Smith, “Music Industry...

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