Issue Contents
Vol 11 No 4 - December 2006
Kazaa And Grokster Across Borders
Graeme Austin, J. Byron McCormick Professor of Law, The University of Arizona James E. Rogers College of Law
This article examines some of the international implications of the US Supreme Court’s Grokster decision and the parallel Kazaa case that was recently decided by the Federal Court of Australia. Neither court addressed the international aspects of the holdings. This is a significant gap: P2P products and services are disseminated globally; many of the users of these products and services and a number of the defendants in the cases were located beyond the forum; P2P business models often involve division of corporate activities between different jurisdictions; and the files that are shared on P2P networks often traverse international borders. The article analyses Australian and US copyright legislation and doctrine to assess what the law on P2P products and services might look like if courts confronted more directly the international character of copyright issues that arise in the P2P context.
Full text versions of articles are available from LexisNexis online.
|
About
