Code Wars: 10 Years of P2P Software Litigation

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Edward Elgar Publishing, Jan 1, 2011 - Law - 272 pages
'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 sof
 

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Rebecca Giblin successfully provides an interesting answer to a question I have been pondering for quite some time. Why has P2P file sharing remained so prevalent despite plenty of success in the courts? This is a highly engaging book which anyone with an interest in intellectual property or the Internet should enjoy. Giblin makes a highly technical area of technology accessible and understandable to even the most technologically challenged reader such as myself.
Giblin provides an excellent exposition of secondary liability law in the UK, US, Canada and Australia which will be of interest to those curious about how the area differs between jurisdictions.
 

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An extremely compelling book looking at the arms race between P2P and the laws that attempt to prevent it, and its application across a number of similar, but distinct jursdictions.
Read with a
background to the ongoing Roadshow Films v iiNet in Australia, it provides a brilliant commentary of how we got to this point with laws on secondary liability and the laws that govern intermidiaries with reference to the divergence of these laws through different territories.
Whilst it is easy to take the opinion of either side of the "warring parties" through blogs, press releases and all to often biased news articles - Code Wars delivers the history through a well researched, understood and balanced manner.
Thankyou @rgibli for a fantastic read!
 

Contents

1 Introduction
1
2 Applying the preP2P law to Napster
18
3 Targeted attacks on the US secondary liability law
46
4 The targeted response
74
5 PostGrokster fallout
88
why rights holders would never have sued a P2P provider under UK or Canadian law and why the Australian law was just right
104
7 The end of the road for Kazaa
127
9 Can the secondary liability law respond to codes revolutionary nature?
166
Notes to the text
184
Bibliography
230
Index
253
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