A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that Napster knew its users were violating copyright laws, but it allowed the service to continue operating until a lower court redrafts its injunction.
The judges have ruled that peer-to-peer file-swapping services themselves are not illegal, despite the ability for these services to facilitate illegal exchange of copyrighted material.
Thus, a P2P service can operate legally if the service provider blocks any illegal and copyright-violating activity.
But, Napster claims that it is incapable of monitoring what goes on in its P2P directories.
Argue all you want about whether or not Napster benefits or harms the music industry. What’s most interesting to me isthe fate of the P2P networking technology behind it.
Is it true that Napster has no way of monitoring what takes place in its directories? What kinds of capabilities exist to ensure that a P2P service does not break the law by facilatating illegal file sharing?
P2P has a lot to offer, but it seems to me that at this point any P2P network runs the risk of breaking the law without proper policing capabilities.
Am I wrong?
How can P2P succeed within the scope of the law?
