Intellectual Property
Jan. 12, 2010
No Safe Harbor for Secondary Infringements
Paul Gelb of Drinker Biddle & Reath says a decade's dispute about whether "peer to peer" Internet file sharing can occur without violating the Copyright Act is over.
By Paul GelbThe grant of summary judgment in Columbia Pictures Industries, Inc. v. Fung, 2:06-cv-05578-SVW-JC (C.D. Cal. Dec. 21, 2009), issued right before the new year, is a bookend of internet copyright decisions to conclude a decade that began with a comparable dispute in A & M Records, Inc. v. Napster, Inc., 114 F. Supp. 2d 896 (N.D. Cal. 2000), aff'd in part, rev'd in part, 239 F. 3d 1004 (9th Cir. 2001). Judge Stephen V. Wilson's summary judgment...
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