Peer-to-peer networks are often used to infringe copyrights, but they also serve some legitimate purposes consistent with copyright law. In attempting to find a satisfactor solution, this note develops and analyzes two models that future peer-to-peer networks could employ to attempt to avoid liability for copyright infringement. The note then analyzes the law, applies the two models to the relevant legal tests, and analyzes whether a peer-to-peer network operating on each model could avoid liability for copyright infringement. It concludes that modifying their technological structure may help peer-to-peer networks avoid liability, but that some risks remain.
Matthew G. Minder,
Peer-to-Peering beyond the Horizon: Can a P2P Network Avoid Liability by Adapting Its Technological Structure?,
Chi.-Kent L. Rev.
Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol84/iss3/16