Evan F. Fitts


In the wake of Napster's demise, several software companies emerged, intending to capitalize on the high demand for free software that would enable users to access copyrighted music. Grokster, Ltd. ("Grokster") and StreamCast Networks, Inc. ("StreamCast") were two such software companies that, like Napster, were eventually sued for copyright infringement by numerous entertainment industry copyright holders. In Metro-GodwynMayer Studios Inc. v. Grokster, Ltd., the Supreme Court attempted to clarify when a product distributor could be held liable for the infinging acts of a third party that used its product. This note argues that although the Supreme Court's decision introduced a beneficial new standard for liability, it left long-standing ambiguities in precedent unresolved.

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