Picking Up the Pieces of Grokster: A New Approach to File Sharing

Authors

Tom Graves

Abstract

The introduction of peer-to-peer file-sharing has created a plethora of new legal issues regarding the creation and distribution of music recordings. The music, however, is only half of the story. The case of MGM Studios v. Grokster addresses the tension between promoting progress in music and protecting the development of new technologies. Although it may be time to revisit the judicial standard for vicarious and contributory copyright infringement in the file-sharing context, a new legislative framework must ultimately be found. The creators of music should be compensated for their work, but not at the unnecessary expense of new and useful technologies. Artist compensation and peer-to-peer technology need not be mutually exclusive. We must simply be creative in our legal approach, and mindful of the multiple concerns involved.

Recommended Citation

Tom Graves, Picking Up the Pieces of Grokster: A New Approach to File Sharing, 27 UC Law SF Comm. & Ent. L.J. 137 (2004).
Available at: https://repository.uclawsf.edu/hastings_comm_ent_law_journal/vol27/iss1/4