Account

Sign in to access your account and subscription

How Courts Are Defining 'Distribution' In Peer-to-Peer File-Sharing Lawsuits

In the entertainment industry's efforts to stem the infringement of sound recordings and motion pictures on the Internet, more than 20,000 infringement actions have been commenced against individuals, mostly in connection with their use of peer-to-peer (P2P) services to share recordings with other P2P users. The legal basis for these actions is often misunderstood, however, by commentators ' and sometimes even by the courts. This article discusses several recent P2P cases that deal directly with a central element of most P2P cases, namely the allegation that users violate the plaintiffs' distribution rights under 17 U.S.C. Sec. 106 whenever they place a digital recording or video in a 'share' folder that other P2P users can access.

27 minute read April 29, 2008 at 02:34 PM
By
Robert W. Clarida And Robert Jay Bernstein
How Courts Are Defining 'Distribution' In Peer-to-Peer File-Sharing Lawsuits

In the entertainment industry's efforts to stem the infringement of sound recordings and motion pictures on the Internet, more than 20,000 infringement actions have been commenced against individuals, mostly in connection with their use of peer-to-peer (P2P) services to share recordings with other P2P users.

This premium content is locked for LawJournalNewsletters subscribers only

ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN LawJournalNewsletters

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

Already have an account? Sign In Now

For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.

NOT FOR REPRINT

© 2026 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Continue Reading

Adverse Possessor Provided Insufficient Evidence to Support TackingTown’s Installation of Guardrails Did Not Constitute a TakingMortgagee Entitled to Deficiency JudgmentLandowner Adequately Alleged Trespass During Renovation

September 01, 2026

How can legal teams move fast, reduce costs, and handle greater volumes of information? AI has rapidly become the de facto answer. But beneath the enthusiasm for AI, how are practitioners actually using AI-driven tools — and what are they learning as adoption shifts from experimentation to daily operations?

September 01, 2026

Notice of Pendency Provided Constructive Notice to Foreclosure Sale Purchaser

September 01, 2026