The future of P2P file-sharing is entwined, for better or worse, with copyright law. This presentation reviews the copyright law principles most relevant to peer-to-peer file-sharing, including the concepts of vicarious and contributory infringement. It includes a broad overview of copyright law principles, as well as a detailed analysis of the Ninth Circuit's Napster opinion, and lessons for developers of file-sharing applications.

The legal fights around peer-to-peer have already broken out, with copyright owners targeting not only the makers of file-sharing clients like Napster, Scour and OpenNap, but also companies that provide products that rely on or add value to public P2P networks, such as MP3Board.com, which provides a web-based search interface for the Gnutella network. If these early skirmishes yield any lesson for future P2P developers, it's that a legal strategy needs to be in place early, preferably at the beginning of development, rather than bolted on at the end. Therefore, if you are interested in peer-to-peer file sharing, whether as a developer, investor, or provider of ancillary services (such as search services or security), it's time to bone up on some copyright law basics.

This presentation reviews the copyright law principles most relevant to peer-to-peer file-sharing, including the concepts of vicarious and contributory infringement. The presentation builds on Mr. von Lohmann's "P2P Copyright White Paper," which has received wide attention in the peer-to-peer community (http://www.eff.org/IP/P2P/Napster/20010227_P2P_Copyright_White_Paper.html).