What is peer to peer sharing? In the post, The Dangers of Downloading, we said, “[p]eer to Peer sharing involves any distributed network composed of users that make a portion of their resources available to other users on that network.” In plain English it means I’ll download yours if you’ll download mine.
This topic was compelling enough to draw David Nimmer, Of Counsel at Irell and Manella and author of the prestigious treatise Nimmer on Copyright. According to David, peer to peer sharing issues are in such flux because, “[s]ome courts have construed the term ‘distribution’ as synonymous with ‘publication,’ whereas others have disagreed and required proof of an actual act of distribution.” Proving actual distribution is far more difficult for plaintiffs like the RIAA and MPAA who have initiated 35,000 pieces of litigation against users. These cases tend to settle fast, requiring little more than a demand letter from the plaintiff to recoup a few thousand dollars from the defendant.
We’ve had a host of guest blogs for the Dangers of Downloading event so far, and a free CLE webinar on June 16th presented by David Nimmer and Peter Menell, Professor of Law at Berkeley Law and Director of Berkeley Center for Law & Technology, and hosted by Jason C. Kravitz, Partner and Practice Group Leader of Brands & Creations at Nixon Peabody. The webinar will be available for playback by members of Martindale.com Connected, and here are some links to guest posts and threads on the topic that members can access as well:
- Counterpoint: In Defense of the Swarm – post by that looks at “what if” the RIAA had done things differently.
- The DMCA and BitTorrent Networks – Piracy Out of Sight, Out of Mind? – post by Christopher R. Kinkade, which gives a primer on P2P networks and the DMCA, asking the question whether copyright policing trumps the need for publicity or what David Meerman Scott calls “a world wide rave.”
- Difficulties of tracing an IP address to a real person. Should the debate focus on ISP’s? – post by Jeremy Szwider, which highlights the challenge copyright holders have in matching the defendant infringer to the IP address where the file was downloaded from.
- Universal City Studios Prods. LLP v. Bigwood, 441 F. Supp. 2d 185 (D. Me. 2006) – case file with editorial notes.
- Entm’t Group, Inc. v. Barker, 551 F. Supp. 2d 234 (S.D.N.Y. 2008) – case file with editorial notes.
- Paul Sweeting on illegal file sharing, ISP liability, and Britian’s proposed Digital Rights Agency – commentary and analysis on the value of content in a file sharing context
- How Anti-Piracy Law Will Aid Publishers – free Emerging Issues Analysis
- David Nimmer Interview Part 1 – David discusses the issues behind the P2P debate
- David Nimmer Interview Part 2 – David talks about law suits in P2P
To access these links and more sign up for Martindale.com Connected.