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
Read the entire article on the Martindale.com blog