Napster Dismissal: File Sharing Not Piracy

SACREMENTO, Calif. — A district court judge has dismissed a copyright infringement lawsuit against Napster Inc., stating, in essence, that simply making a copyrighted file available on a file-sharing network does not constitute infringement.

The upshot is that Judge Marilyn Patel’s decision contradicts early media interpretations of the recently passed Artists’ Rights of Theft Prevention Act of 2005, which was seen as lowering the bar for online copyright prosecutions.

The ART Act, signed into law last month, established criminal penalties of up to three years in prison and hundreds of thousands of dollars in fines for the distribution of "pre-released" movies over the Internet.

At the time of the law’s passage, it was widely interpreted to mean that leaving files open in shared or exposed folders would be enough to prosecute peer-to-peer network operators, regardless of whether any files were downloaded.

This is the argument that plaintiffs in the case, which included UMG Recordings Inc., used in their motion against Napster — that simply making a file available for distribution should be considered an infringing act and that websites that offer such files for download should be held criminally liable for copyright violations.

But in her three-page dismissal order, Patel said she found the plaintiffs’ argument unconvincing because they failed to show evidence of distribution.

Patel went on to say that despite media speculation to the contrary, the language of the ART Act actually makes a clear distinction between “making available” something for distribution and the act of distributing it, and that the plaintiffs conveniently disregarded that language in their abstract.

If Congress had intended to make it a criminal offense to leave files open for download on P2P networks, Patel pointed out, they should have and could have explicitly done so in the language of the law.

Yale Law School fellow Ernest Miller said Patel’s decision could have far-reaching consequences for defense against prosecution under the ART Act.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

German High Court Puts Pornhub, YouPorn 'Network Ban' on Hold

A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

AdultHTML Introduces Subscription Option for Website Owners

AdultHTML has added a subscription option for its web development service, allowing site owners to pay a monthly fee for access to developers and tools.

French Parliament Rejects Ban on Purchase of 'Remote' Sexual Services

The French National Assembly has backed off from a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

2027 XBIZ Exec Awards Pre-Nominations Period Opens

XBIZ is pleased to announce that the pre-nomination period for the 2027 XBIZ Exec Awards, the adult industry’s preeminent career honors, begins Wednesday and runs through Oct. 14.

Takedown Piracy Reports Infiltration, Monitoring of Mega.nz

Takedown Piracy has reported that it successfully infiltrated Mega.nz folders and identified and removed nearly two million instances of stolen content.

Pornhub Unblocks Australia Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in Australia will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s Australian age-verification process.

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

Minister: UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

Show More