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Why The Supreme Court’s ‘Grokster’ Decision Led To More, Not Less, P2P Filesharing (Techdirt)

In the 2005 “Grokster” decision, the Supreme Court ruled unanimously that file
sharing networks could be held liable for copyright infringement if they take
“affirmative steps” to encourage infringement. Grokster closed down as a
result, and the recording industry pretty much assumed it had won that battle.

But as a fascinating analysis by Rebecca Giblin of what happened afterwards
points out, against the industry’s expectations, P2P filesharing flourished: _

> By 2007, two years after the US Supreme Court decided Grokster, there were
more individual P2P applications available than there had ever been before.
The average number of users sharing files on file sharing networks at any one
time was nudging ten million and it was estimated that P2P traffic had grown
to comprise up to 90 percent of global internet traffic. At that point content
owners tacitly admitted defeat, largely abandoning their long-time strategy of
suing key P2P software providers and diverting enforcement resources to
alternatives like graduated response or “three strikes” laws.

_ So what happened? In her article, Giblin suggests pre-P2P laws were rooted
in the physical world, and this led to four false assumptions being made about
P2P software development that allowed …

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