Copyright and Peer-To-Peer Music File Sharing: The Napster Case and the Argument Against Legislative Reform
AbstractThis paper examines legal issues surrounding copyright and peer-to-peer sharing of music files via the Internet networks, such as Napster and its successors. The author first describes how the US courts have responded to litigation by the music industry which attempts to prevent the large scale infringement of copyright by P2P network users. Australian law as it applies to this issue is also discussed. The author then considers this mass copyright infringement as a problem for law reform. The author argues that copyright is primarily intended to ensure that sufficient incentive is provided to maintain an adequate supply of quality artistic works and information. P2P sharing does not necessarily threaten the supply of quality music, and consequently copyright law should not be expanded in an attempt to shut down P2P networks. |