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Code Wars

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Code Wars

10 Years of P2P Software Litigation

Rebecca Giblin

Rebecca Giblin, Lecturer, Monash University, Australia

2011 272 pp Hardback 978 1 84980 621 3
ebook isbn 978 1 84980 622 0

Hardback £76.00 on-line price £68.40

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Description
‘With a combination of acute observation, close analysis and clear-headed honesty, Rebecca Giblin leads the reader to share her conclusion that there is no legislative, judicial, commercial or technical panacea for copyright infringement which P2P software facilitates, but that even now it is not too late to improve the manner in which the rights-owning and distribution sectors address the challenges that P2P poses.’
– Jeremy Phillips, Olswang, and Intellectual Property Institute, UK

Contents
Contents: Foreword by Jane C. Ginsburg 1. Introduction 2. Applying the Pre-P2P Law to Napster 3. Targeted Attacks on the US Secondary Liability Law 4. The Targeted Response 5. Post-Grokster Fallout 6. Goldilocks and the Three Laws: Why Rights Holders Would Never Have Sued a P2P Provider under UK or Canadian Law (and why the Australian law was just right) 7. The End of the Road for Kazaa 8. Endgame: More P2P Software Providers than Ever Before 9. Can the Secondary Liability Law Respond to Code’s Revolutionary Nature? Bibliography Index

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‘Giblin is very interesting and detailed in her descriptions of the nature of the software developed by Napster, Aimster and Grokster associates and how it evolved to minimise risk of liability as the case law unfolded. . . The book is well worth reading because it not only deals authoritatively with the law and its development in this area, but also describes very well the technologies that supported the various P2P protocols, and the way in which they were designed to best avoid liability as it was understood at each point in time. Although the story is far from over, the book is multi-dimensional and unlikely to become dated as quickly as the software it describes.’
– Jim Holmes, Telecommunications Journal of Australia

‘With a combination of acute observation, close analysis and clear-headed honesty, Rebecca Giblin leads the reader to share her conclusion that there is no legislative, judicial, commercial or technical panacea for copyright infringement which P2P software facilitates, but that even now it is not too late to improve the manner in which the rights-owning and distribution sectors address the challenges that P2P poses.’
– Jeremy Phillips, Olswang, and Intellectual Property Institute, UK

Code Wars recounts the legal and technological history of the first decade of the P2P file sharing era, focusing on the innovative and anarchic ways in which P2P technologies evolved in response to decisions reached by courts with regard to their predecessors.

With reference to US, UK, Canadian and Australian secondary liability regimes, this insightful book develops a compelling new theory to explain why a decade of ostensibly successful litigation failed to reduce the number, variety or availability of P2P file sharing applications – and highlights ways the law might need to change if it is to have any meaningful effect in future.

A genuine interdisciplinary study, spanning both the law and information technology fields, this book will appeal to intellectual property and technology academics and researchers internationally. Historians and sociologists studying this fascinating period, as well as undergraduate and graduate students who are working on research projects in related fields, will also find this book a stimulating read.



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