Bifalgorithm post · Property · 13.05[E][4][c], p. 13-84 (1982). Proof of actual harm, or

504 Electronic

504 Electronic (Property · 13.05[E][4][c], p. 13-84 (1982). Proof of actual harm, or) — "504 electronic files by universities, government agencies, corporation…

Ideas in this flowchart

  • Grokster and StreamCast’s peer-to-peer software enabled file sharing that led to a copyright lawsuit.
  • Peer-to-peer networks serve diverse users and support the exchange of digital files.
  • Electronic files are associated with universities, government agencies, corporations, libraries, and others.
  • Individual software recipients prominently shared copyrighted music and video files without authorization.
  • Copyright holders brought litigation against Grokster and StreamCast.
  • The plaintiff group included MGM, motion picture studios, recording companies, songwriters, and music publishers.
  • The plaintiffs alleged that the companies knowingly and intentionally distributed software to enable copyright infringement.
  • MGM sought damages and an injunction under the Copyright Act.
  • Discovery revealed the software’s operation, the defendants’ business aims, and the users’ predilections.
  • Grokster and StreamCast offered similar products based on different peer-to-peer technologies.
  • Grokster’s software used FastTrack technology, a protocol developed by others and licensed to Grokster.
  • StreamCast distributed Morpheus software, which relied on Gnutella technology.
  • After installation, either software enabled users to send file requests directly to compatible computers.
  • Peer-to-peer networks also have operational disadvantages.
  • Searches may fail to reach every computer and therefore may not uncover all available files.
  • Popular files may exist in redundant copies.
  • Software creators have no incentive to minimize storage or bandwidth consumption, whose costs are shared by users.
  • The content available for retrieval and user behavior are more difficult to control.
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504 Electronic

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Property

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"504 electronic files by universities, government agencies, corporations, and libraries, among others. 1 Other users of peer-to-peer networks include individual recipients of Grokster’s and StreamCast’s software, and although the networks that they enjoy through using the software can be used to share any type of digital file, they have prominently employed those networks in sharing copyrighted music and video files without authorization. A group of copyright holders (MGM for short, but including motion picture studios, recording companies, songwriters, and music publishers) sued Grokster and StreamCast for their users’ copyright infringements, alleging that they knowingly and intentionally distributed their software to enable users to reproduce and distribute the copyrighted works in violation of the Copyright Act, 17 U.S.C. § 101 et seq. MGM sought damages and an injunction. Discovery during the litigation revealed the way the software worked, the business aims of each defendant company, and the predilections of the users. Grokster’s eponymous software employs what is known as FastTrack technology, a protocol developed by others and licensed to Grokster. StreamCast distributes a very similar product except that its software, called Morpheus, relies on what is known as Gnutella technology. A user who downloads and installs either software possesses the protocol to send requests for files directly to the computers of others using software compatible with FastTrack or Gnutella. On the FastTrack network opened by the Grokster software, the user’s request goes to a computer given an indexing 1 Peer-to-peer networks have disadvantages as well. Searches on peer-to-peer networks may not reach and uncover all available files because search requests may not be transmitted to every computer on the network. There may be redundant copies of popular files. The creator of the software has no incentive to minimize storage or bandwidth consumption, the costs of which are borne by every user of the network. Most relevant here, it is more difficult to control the content of files available for retrieval and the behavior of users."

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