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POST-NAPSTER: PEER-TO-PEER FILE SHARING SYSTEMS: CURRENT AND FUTURE ISSUES ON SECONDARY LIABILITY UNDER COPYRIGHT LAWS IN THE UNITED STATES AND JAPAN Export

Loyola of Los Angeles Entertainment Law Review, Vol. 22, No. 1. (2001), pp. 37-84.

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http://elr.lls.edu/issues/v22-issue1/tanaka.pdf

sachingarg (public note) - 2007-06-25 11:01:15

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As a result of the preliminary injunction order issued against Napster, Inc. in March 2001, post-Napster peer-to-peer file sharing services are gaining much popularity. Their liabilities, if any, for copyright infringement, i.e., contributory liability and vicarious liability, will be analyzed under the rules set forth in the Napster cases. As the existence of these services may become an issue in Japan in the very near future, their liabilities will also be analyzed under current Japanese law. However, even if they or their users are to be held liable, legal enforcement of copyright may not be feasible in light of the nature of peer-to-peer networks. Technological advancement in the digital age will force content providers to rely more on technology to enhance their ability to secure their copyrights. Those problems that are spawned by digital technology must be solved by digital technology.


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