From Napster to Kazaa: The Battle Over Peer-To-Peer Filesharing Goes International

By: Seagrumn Smith

The Recording Industry Association of America (RIAA) may have won its domestic battle against Napster, but as an increasing number of peer-to-peer (P2P) providers crop up overseas, it has become apparent that the file-swapping battle has really just begun. As the recording and movie industries struggle to protect their copyrighted interests abroad, courts, both in the United States and in foreign countries, are being asked to answer difficult questions concerning international jurisdiction and enforcement. This ibrief will further explore these issues, particularly with reference to the RIAA’s and Motion Picture Association of America’s (MPAA) legal efforts against Kazaa, a foreign-based P2P provider, in an attempt to assess whether copyright in the digital age can survive beyond our shores.

Cite: 2003 Duke L. & Tech. Rev. 0008

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