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Perspective

Apr. 19, 2012

The debate over liability for peer-to-peer file sharing

Equitable concerns suggest that the "making available" theory is preferable to the "actual transfer" theory. By Kollin J. Zimmermann and Allan E. Anderson of Ropers Majeski Kohn & Bently PC


By Allan E. Anderson and Kollin J. Zimmerman


Peer-to-peer file sharing software of one type or another has been downloaded worldwide over 600 million times. These programs, such as Gnutella, KaZaA, and BitTorrent allow users to copy and transfer copyrighted music from one user to another, free of charge. While P2P programs represent a significant and beneficial technological achievement, they have also spawned an unprecedented era of rampant and pervas...

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