Peer-to-Peer Copying

Abstract: Most Internet content today is "served" from a central system that takes requests from a user's "client." Typically, the user asks for access to information or other data; the requested content is then "pushed" from the central system to the user. In this model, the various visitors to a given web site do not interact. By contrast, peer-to-peer technology (commonly known as "P2P") creates conversations among individual personal computers (PCs). In this respect, P2P systems resemble an affiliate network where information (rather than referrals) is passed between many people. P2P interactions are often initiated when one computer asks several other individual personal computers whether they have a specified file or type of information. Each computer to which the search request is sent either responds or, more commonly, forwards the request on to a second tier of computers, each of which may pass the request onto a third tier, and so forth. As the request "cascades," content across a wide network of machines is searched. When a "match" is made, the sought-after file is transmitted directly to the original requester. Most applications of P2P technology are wholly benign. Problems arise, however, when the material flowing through networks of this sort is copyrighted and is being reproduced without the permission of the copyright owners. For two reasons, unpermitted P2P file-sharing of copyrighted materials is extremely difficult to police. First, the structure of P2P systems makes it hard for either copyright owners or government officials to track the movement of copyrighted materials as they pass from user to user. Second, because P2P systems usually do not employ centralized transmission nodes or distribution points, they are very difficult to shut down. While both the digitization of information and the concept of file sharing have existed for many years, the advent of the Internet has made P2P copying possible on a scale never before imaginable. Thus far, the industry that has been affected most dramatically and visibly by the new technology is the music industry. The main reason why is that musical files -- especially when compressed using the popular MP3 format -- occupy relatively little space and thus are easily transmitted through P2P networks. This ease of use helps explain the enormous popularity of the original Napster, a modified P2P system, and Gnutella (a "purer" example of the P2P model without an intervening server). Using these systems, individuals can create libraries of their favorite songs by downloading free copies from the Internet. Alternatively, individuals can "rip" MP3 files from their own CDs using inexpensive or, in many cases, free software designed exclusively for that purpose. Users can then play back these files on a portable MP3 device or listen directly from their hard drives. They can also send their files via email to other music fans, or upload the songs to the Internet for anyone to enjoy. Because the music is in digital form, each successive copy sounds as good as the original. The net result has been a radical and rapid shift in the way music is distributed and consumed. But music is only the first industry to feel the force of this technological revolution. As the bandwidth available to ordinary computer users grows, as file-compression technologies for other types of media proliferate, and as the size of hard drives increases, all other entertainment industries will likely be transformed in similar ways. This module examines the legal and policy implications of P2P technology. Is it beneficial or pernicious? Is it legal or illegal? Which, if any, of the participants in the new networks should be liable to the owners of the copyrights in material that is transmitted and reproduced without permission? It is crucial that, before beginning the module, you have at least a rough understanding of the relevant technology and the principal doctrines of copyright law. If you feel uncomfortable in either dimension, you should consult the attached primers on digital music and the basics of copyright. You should then peruse the case studies, which focus on the legal battle over Napster and the legal status of alternatives to Napster. Next, we suggest that you examine the Readings associated with the module, following as many of the associated links as you find interesting. At that point, you should be well prepared to consider -- either on your own or, better yet, in one of our electronic fora -- the Discussion Topics. The module concludes with a substantial body of Optional Related Material.

Details

Additional Information