Homework Assignment 10

The File Sharing Cases

1. Read the edited opinion of the appeals court in the case A&M Records v. Napster (2001)(see Web site)

2. Summarize how the Napster system works.

3. The court found that that the downloading of music files is direct copyright infringement by the Napster customers. Napster argued that its customers were excused from liability for copyright infringement because the downloading was “fair use”.

i. Define “fair use”; and

ii. Summarize why the court rejected the “fair use” argument

4. The court found that it was likely that Napster is responsible for “contributory infringement” and vicarious infringement” (rather than direct infringement).

i. Define “contributory infringement”;

ii. Define “vicarious infringement”; and

Describe the difference between the two.

5. Do you think the Court's decision supports or hurts the music industry as a whole?

6. Do you think the Court's decision supports or hurts the computer software industry as a whole?