File-swap fallout in Supreme Court ruling
special coverage Justices rule that P2P companies such as Grokster can be held liable for copyright piracy.
Unanimous decision.
"We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement."
--Justice David Souter, in the majority opinion
Swapping's evolution
Four generations of file-swapping have laid the groundwork for the Supreme Court decision.
Pre-Napster: The Paleo-swapping years
Before there were modern peer-to-peer services, files were routinely traded through Internet Relay Chat (IRC) channels, Usenet newsgroups and FTP servers. MP3 sites such as Ministry of Sound and Mighty Mo's MP3s offered downloads from Web sites. A handful of early software applications, such as Scour Media Agent and Hotline offered rudimentary peer-to-peer capabilities.
Recording industry lawyers and other copyright authorities routinely targeted hubs of online copyright infringement, but the actions, taking place under the mainstream radar, drew little public attention.
Key names
IRC, FTP, Usenet, Blex's Page of Good MP3s
Key dates
Jun 1997 - RIAA filed lawsuits against three MP3 download site operators.
Oct 1998 - RIAA sued Diamond Multimedia over release of MP3 player.
Feb 1999 - Lycos released Web music search tool; RIAA threatened lawsuit.
First generation - Napster and the mainstream
Napster changed the music business in the space of months. Released as a beta program in the spring of 1999 by college student Shawn Fanning, it allowed millions of people to link their hard drives into a collective pool of downloadable free music.
Fanning's software and its immediate followers were based on a centralized technology, making them an easy target for record companies and other copyright holders. A central server kept track of all the songs stored on users' hard drives. Anyone who wanted a piece of music would query the Napster software, which would respond with available options, and then connect the user directly to the computer that had the song available for a download.
Most of these companies went offline or changed their business model after being sued by the RIAA.
Key names
Napster, Scour Exchange, Audio Galaxy, iMesh (original), Aimster
Key dates
Spring 1999 - Napster beta program released.
Dec 1999 - RIAA sued Napster.
Jul 2000 - RIAA sued Scour.
Jul 2000 - San Francisco federal court ordered Napster to stop music-swapping.
Feb 2001 - An appeals court upheld Napster order; company started blocking swaps soon afterward.
Second generation - Decentralization and legal reversals
Repeated lawsuits and technological glitches highlighted weaknesses in Napster's centralized model. In response, a new generation of developers created networks without Napster's central servers.
Under this new model, a first computer would connect to another in the network, and ask it for a file. That second computer would ask a third, which would in turn ask a fourth, and so on until the file was found. The last computer in line would then connect directly to the first for a download. More sophisticated versions later streamlined this process, by allowing some computers to store information about nearby machines.
These decentralized models made the networks stronger, because--in theory--they could survive the failure of their parent company. They also provided some legal shield, because companies could argue that they had no direct control over or knowledge of illegal activity on the networks.
Key names
Gnutella (including LimeWire, Bearshare, and later Morpheus), Kazaa, Grokster
Key dates
Mar 2000 - AOL subsidiary Nullsoft released Gnutella code online without corporate approval.
Oct 2001 - RIAA sued Kazaa, Grokster and MusicCity (now StreamCast Networks).
Feb 2002 - Millions of Morpheus users locked out of Kazaa's network overnight.
April 2003 - Los Angeles court ruled Grokster wasn't liable for users' copyright infringement.
Sep 2003 - RIAA filed first lawsuits against individual file-swappers.
Aug 2004 - Appeals court upheld Los Angeles Grokster ruling.
Jun 2005 - Supreme Court ruled on Grokster's legality.
Today's swappers: Torrents of video
Driven by faster Net connections and other technological advances, swappers are increasingly trading movies, software and games online. File-swapping tools are adapting in turn.
Most recent developments have focused on improving the efficiency of large file downloads and expanding search features, while retaining a decentralized model. Some networks have sought to improve privacy, but without reaching perfect anonymity.
By this time, no single network dominates as Napster did in the first generation and Kazaa did through much of the second generation. Millions of people can be found on swapping networks at any given hour of the day, with people using different tools for different kinds of content.
Key names
BitTorrent, eDonkey/eMule, Exeem
Key dates
Feb 2002 - Bram Cohen released BitTorrent at CodeCon 2002.
Jul 2004 - BitTorrent swaps accounted for 53 percent of all Internet traffic, company said.
Oct 2004 - eDonkey passed Kazaa as top file-swapping network.
Dec 2004 - MPAA began legal attack on BitTorrent hubs.
Supreme Court mulls file-swap 'pushers'
April 6, 2005
Supreme Court may redefine file swapping
March 29, 2005
FAQ: Betamax--tech's favorite ruling
March 28, 2005
Top court to hear landmark P2P case
March 28, 2005
Mark Cuban to finance Grokster defense
March 27, 2005
Music pirates choose iPods over P2P
March 24, 2005
Consumer groups challenge Hollywood, labels
March 22, 2005
P2P companies ask high court for help
March 1, 2005
January 25, 2005
At trial, Altnet-Kazaa link examined
December 15, 2004
December 15, 2004
MPAA targets core BitTorrent, eDonkey users
December 14, 2004
Sharman witness: Tech can control illegal swapping
December 10, 2004
Supreme Court to hear P2P case
December 10, 2004
Fighting for file swapping on Capitol Hill
November 30, 2004
Judges rule file-sharing software legal
August 19, 2004
Suit hits popular post-Napster network
October 3, 2001
Movie studios and record labels win a sweeping victory against file swapping as the Supreme Court rules that peer-to-peer companies such as Grokster can be held liable for the copyright piracy on their networks.
Supreme Court rules against file swapping
In unanimous decision, justices say Grokster and others could be held responsible for widespread copyright infringement.June 27, 2005
News.com Poll
Ruling won't slow file swapping, experts say
File-swapping software is so widely distributed, it will be hard to stamp it out or even slow its growth.June 27, 2005
Congress applauds file-sharing ruling
There's no sign of a desire in Congress to overturn the Supreme Court's decision in key file-swapping case.June 27, 2005
Grokster case: Winners and losers
Supreme Court ruling could have profound impact on tech landscape--beyond current battle of Hollywood vs. a few P2P sites.June 27, 2005
Is this the end of P2P?
the buzz Music labels have won a clear victory, but does the Supreme Court's decision really spell swapping's demise?June 27, 2005
Theft by any other name
perspective Critics of the Grokster decision aren't mentioning the real stumbling block, writes CNET News.com's Charles Cooper.June 27, 2005
Musicians, songwriters: Ruling rocks
Downloaders may cringe about the Grokster ruling, but it resonates with artists, many of whom say swappers have hurt their business.June 27, 2005
Readers: P2P ruling will spark lawsuit rush
Some predict the decision will spur a flurry of suits against software makers; others say the ruling is far from disastrous.June 27, 2005
Court ruling could squeeze P2P pennies
Grokster ruling is likely to give investors pause when faced with the prospectus for a file-sharing start-up.June 27, 2005
Who's who in the P2P debates
The Grokster case has prompted dozens of organizations to weigh in. Here's a rundown of key players and why they care.June 27, 2005
The Supreme Court's ruling against P2P
FAQ What did they say? What does it mean to me? Questions about Grokster and file swapping's future answered.June 27, 2005
Text of High Court ruling on Grokster
Read the majority opinion on the case and concurrences written by Justice Ginsburg and Justice Breyer.June 27, 2005
Swapping's evolution
Four generations of file swapping have laid the groundwork for the Supreme Court decision.June 27, 2005
New plans for P2P commerce
Uncertainty about impending Supreme Court decision isn't stopping new companies' ideas for file-swapping profits.June 22, 2005
Justices to rule on fate of file swapping
Supreme Court decision closely watched by Hollywood, Silicon Valley could come as soon as Monday.June 17, 2005
Supreme Court mulls file-swap 'pushers'
Middle-ground ruling in P2P case could focus on companies that actively encouraged copyright infringement.April 6, 2005
Making noise at P2P hearings
photos At a hearing in March, protesters from both sides make themselves heard outside the Supreme Court.March 29, 2005
Betamax--tech's favorite ruling
FAQ A 1984 Supreme Court decision legalized the VCR and provided much of the legal context for today's consumer electronics industry.March 28, 2005
File swapping vs. Hollywood
Movie studios and record labels find unlikely bedfellows in Supreme Court fight against file swapping.January 25, 2005
Unanimous decision.
"We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement."
--Justice David Souter, in the majority opinion
Swapping's evolution
Four generations of file-swapping have laid the groundwork for the Supreme Court decision.
Pre-Napster: The Paleo-swapping years
Before there were modern peer-to-peer services, files were routinely traded through Internet Relay Chat (IRC) channels, Usenet newsgroups and FTP servers. MP3 sites such as Ministry of Sound and Mighty Mo's MP3s offered downloads from Web sites. A handful of early software applications, such as Scour Media Agent and Hotline offered rudimentary peer-to-peer capabilities.
Recording industry lawyers and other copyright authorities routinely targeted hubs of online copyright infringement, but the actions, taking place under the mainstream radar, drew little public attention.
Key names
IRC, FTP, Usenet, Blex's Page of Good MP3s
Key dates
Jun 1997 - RIAA filed lawsuits against three MP3 download site operators.
Oct 1998 - RIAA sued Diamond Multimedia over release of MP3 player.
Feb 1999 - Lycos released Web music search tool; RIAA threatened lawsuit.
First generation - Napster and the mainstream
Napster changed the music business in the space of months. Released as a beta program in the spring of 1999 by college student Shawn Fanning, it allowed millions of people to link their hard drives into a collective pool of downloadable free music.
Fanning's software and its immediate followers were based on a centralized technology, making them an easy target for record companies and other copyright holders. A central server kept track of all the songs stored on users' hard drives. Anyone who wanted a piece of music would query the Napster software, which would respond with available options, and then connect the user directly to the computer that had the song available for a download.
Most of these companies went offline or changed their business model after being sued by the RIAA.
Key names
Napster, Scour Exchange, Audio Galaxy, iMesh (original), Aimster
Key dates
Spring 1999 - Napster beta program released.
Dec 1999 - RIAA sued Napster.
Jul 2000 - RIAA sued Scour.
Jul 2000 - San Francisco federal court ordered Napster to stop music-swapping.
Feb 2001 - An appeals court upheld Napster order; company started blocking swaps soon afterward.
Second generation - Decentralization and legal reversals
Repeated lawsuits and technological glitches highlighted weaknesses in Napster's centralized model. In response, a new generation of developers created networks without Napster's central servers.
Under this new model, a first computer would connect to another in the network, and ask it for a file. That second computer would ask a third, which would in turn ask a fourth, and so on until the file was found. The last computer in line would then connect directly to the first for a download. More sophisticated versions later streamlined this process, by allowing some computers to store information about nearby machines.
These decentralized models made the networks stronger, because--in theory--they could survive the failure of their parent company. They also provided some legal shield, because companies could argue that they had no direct control over or knowledge of illegal activity on the networks.
Key names
Gnutella (including LimeWire, Bearshare, and later Morpheus), Kazaa, Grokster
Key dates
Mar 2000 - AOL subsidiary Nullsoft released Gnutella code online without corporate approval.
Oct 2001 - RIAA sued Kazaa, Grokster and MusicCity (now StreamCast Networks).
Feb 2002 - Millions of Morpheus users locked out of Kazaa's network overnight.
April 2003 - Los Angeles court ruled Grokster wasn't liable for users' copyright infringement.
Sep 2003 - RIAA filed first lawsuits against individual file-swappers.
Aug 2004 - Appeals court upheld Los Angeles Grokster ruling.
Jun 2005 - Supreme Court ruled on Grokster's legality.
Today's swappers: Torrents of video
Driven by faster Net connections and other technological advances, swappers are increasingly trading movies, software and games online. File-swapping tools are adapting in turn.
Most recent developments have focused on improving the efficiency of large file downloads and expanding search features, while retaining a decentralized model. Some networks have sought to improve privacy, but without reaching perfect anonymity.
By this time, no single network dominates as Napster did in the first generation and Kazaa did through much of the second generation. Millions of people can be found on swapping networks at any given hour of the day, with people using different tools for different kinds of content.
Key names
BitTorrent, eDonkey/eMule, Exeem
Key dates
Feb 2002 - Bram Cohen released BitTorrent at CodeCon 2002.
Jul 2004 - BitTorrent swaps accounted for 53 percent of all Internet traffic, company said.
Oct 2004 - eDonkey passed Kazaa as top file-swapping network.
Dec 2004 - MPAA began legal attack on BitTorrent hubs.
Supreme Court mulls file-swap 'pushers'
April 6, 2005
Supreme Court may redefine file swapping
March 29, 2005
FAQ: Betamax--tech's favorite ruling
March 28, 2005
Top court to hear landmark P2P case
March 28, 2005
Mark Cuban to finance Grokster defense
March 27, 2005
Music pirates choose iPods over P2P
March 24, 2005
Consumer groups challenge Hollywood, labels
March 22, 2005
P2P companies ask high court for help
March 1, 2005
January 25, 2005
At trial, Altnet-Kazaa link examined
December 15, 2004
December 15, 2004
MPAA targets core BitTorrent, eDonkey users
December 14, 2004
Sharman witness: Tech can control illegal swapping
December 10, 2004
Supreme Court to hear P2P case
December 10, 2004
Fighting for file swapping on Capitol Hill
November 30, 2004
Judges rule file-sharing software legal
August 19, 2004
Suit hits popular post-Napster network
October 3, 2001
Movie studios and record labels win a sweeping victory against file swapping as the Supreme Court rules that peer-to-peer companies such as Grokster can be held liable for the copyright piracy on their networks.
Supreme Court rules against file swapping
In unanimous decision, justices say Grokster and others could be held responsible for widespread copyright infringement.June 27, 2005
News.com Poll
Ruling won't slow file swapping, experts say
File-swapping software is so widely distributed, it will be hard to stamp it out or even slow its growth.June 27, 2005
Congress applauds file-sharing ruling
There's no sign of a desire in Congress to overturn the Supreme Court's decision in key file-swapping case.June 27, 2005
Grokster case: Winners and losers
Supreme Court ruling could have profound impact on tech landscape--beyond current battle of Hollywood vs. a few P2P sites.June 27, 2005
Is this the end of P2P?
the buzz Music labels have won a clear victory, but does the Supreme Court's decision really spell swapping's demise?June 27, 2005
Theft by any other name
perspective Critics of the Grokster decision aren't mentioning the real stumbling block, writes CNET News.com's Charles Cooper.June 27, 2005
Musicians, songwriters: Ruling rocks
Downloaders may cringe about the Grokster ruling, but it resonates with artists, many of whom say swappers have hurt their business.June 27, 2005
Readers: P2P ruling will spark lawsuit rush
Some predict the decision will spur a flurry of suits against software makers; others say the ruling is far from disastrous.June 27, 2005
Court ruling could squeeze P2P pennies
Grokster ruling is likely to give investors pause when faced with the prospectus for a file-sharing start-up.June 27, 2005
Who's who in the P2P debates
The Grokster case has prompted dozens of organizations to weigh in. Here's a rundown of key players and why they care.June 27, 2005
The Supreme Court's ruling against P2P
FAQ What did they say? What does it mean to me? Questions about Grokster and file swapping's future answered.June 27, 2005
Text of High Court ruling on Grokster
Read the majority opinion on the case and concurrences written by Justice Ginsburg and Justice Breyer.June 27, 2005
Swapping's evolution
Four generations of file swapping have laid the groundwork for the Supreme Court decision.June 27, 2005
New plans for P2P commerce
Uncertainty about impending Supreme Court decision isn't stopping new companies' ideas for file-swapping profits.June 22, 2005
Justices to rule on fate of file swapping
Supreme Court decision closely watched by Hollywood, Silicon Valley could come as soon as Monday.June 17, 2005
Supreme Court mulls file-swap 'pushers'
Middle-ground ruling in P2P case could focus on companies that actively encouraged copyright infringement.April 6, 2005
Making noise at P2P hearings
photos At a hearing in March, protesters from both sides make themselves heard outside the Supreme Court.March 29, 2005
Betamax--tech's favorite ruling
FAQ A 1984 Supreme Court decision legalized the VCR and provided much of the legal context for today's consumer electronics industry.March 28, 2005
File swapping vs. Hollywood
Movie studios and record labels find unlikely bedfellows in Supreme Court fight against file swapping.January 25, 2005