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Peer-To-Peering Beyond The Horizon: Can A P2p Network Avoid Liability By Adapting Its Technological Structure?, Matthew G. Minder

Chicago-Kent Law Review

Peer-to-peer networks are often used to infringe copyrights, but they also serve some legitimate purposes consistent with copyright law. In attempting to find a satisfactor solution, this note develops and analyzes two models that future peer-to-peer networks could employ to attempt to avoid liability for copyright infringement. The note then analyzes the law, applies the two models to the relevant legal tests, and analyzes whether a peer-to-peer network operating on each model could avoid liability for copyright infringement. It concludes that modifying their technological structure may help peer-to-peer networks avoid liability, but that some risks remain.