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

European Commission: Age Verification App Ready For Use

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

UK House of Commons Moves to Tone Down Porn Amendments

The House of Commons has modified amendments to the U.K.’s pending Crime and Policing Bill, including provisions regulating “step” content, content featuring adults role-playing as minors, and performers’ ability to withdraw consent.

AEBN Reveals Ariel Demure as Top Trans Star for Q1 of 2026

AEBN has named its top trans stars for the first quarter of 2026, with Ariel Demure landing atop the leaderboard.

Final IRS 'No Tax on Tips' Rule Excludes Pornography

The Internal Revenue Service on Monday published final regulations on the “No Tax on Tips” provision included in the “One Big Beautiful Bill Act,” offering new tax deductions for tip workers but excluding revenue received for “pornographic activity.”

Pennsylvania Legislature Weighs 'Porn Tax' Bill

The Pennsylvania State Senate is considering a bill that would impose a 10% tax on the revenue of adult websites doing business in that state.

Trump Tariffs Refund Process to Launch April 20

U.S. Customs and Border Protection (CBP) will begin the process of refunding duties paid under the Trump administration’s sweeping program of tariffs by providing, starting April 20, an online tool for submitting refund claims.

BranditScan Rolls Out 2 New Platform Features

BranditScan has introduced its new Traffic Optimization and Doxing Protection features for creators.

NMG Management Partners With Cosplayground to Scale Distribution

NMG Management has partnered with Cosplayground to expand the studio’s digital distribution and licensing operations.

Dreamcam Adds Real-Time Speech Translation

Dreamcam has introduced Voice Translator AI to its livestreaming platform.

UK Government May Limit 'Step' Porn Ban With New Amendments

The U.K. Ministry of Justice on Friday revealed new government amendments to the pending Crime and Policing Bill, potentially limiting a planned ban on “step” content to apply only if adult performers role-play as minors.

Show More