Title: P2P file sharing and the law: a brief survey of legislation and jurisprudence

Authors: Brett J.L. Landry, Dinah Payne

Addresses: Graduate School of Management, University of Dallas, 1945 Northgate Dr., Irving, TX 75062, USA. ' Department of Management, University of New Orleans, 2000 Lakeshore Dr., New Orleans, LA 70148, USA

Abstract: Peer-to-Peer (P2P) applications are easy to use and pervasive at a variety of institutions, both public and private, business, governmental and academic. They cause major problems with the networks upon which they are applied: viruses, worms, spyware and adware can cause crippling congestion of the network resources. Additionally, P2P file sharing applications typically violate the copyright law, as well as create legal liability through the concepts found in tort law. This paper will present very basic definitions of P2P technology, a review of the pervasiveness of the use of IP2PFS and a brief survey of legal measures designed to prevent illegal usage.

Keywords: ART Act; copyright laws; Digital Millennium Copyright Act; Induce Act; intellectual property; peer-to-peer; P2P; PIRATE Act; file sharing; services.

DOI: 10.1504/IJSS.2007.012927

International Journal of Services and Standards, 2007 Vol.3 No.2, pp.169 - 187

Published online: 29 Mar 2007 *

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