Why Grokster Stands Where Napster Fell

The music industry plaintiffs argued that Grokster and StreamCast were liable for both contributory and vicarious copyright infringement on the heels of another California federal district court's ruling that found Napster secondarily liable for copyright infringement by end-users of its file sharing software. See, A & M Records v. Napster, 239 F.3d 1004 (9th Cir. 2001). The Grokster court sharply distinguished its facts from those of Napster, holding that Grokster and StreamCast, while operating in a manner “conceptually analogous” to Napster, were significantly different from Napster in their function, and thus were not secondarily liable for their end-users' copyright infringements.

Grokster distributes a branded version of Kazaa Media desktop software. StreamCast distributes its own software, called “Morpheus.” Both the Grokster and Morpheus platforms allow users to download software that enables users to share files with others. When launched on a user's computer, both types of software automatically connect to a P2P network and make shared files available for transfer to any other user connected to the same P2P. A user searches to locate specific files. The software then displays a list of users who are sharing files based on common criteria.