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 © 2025 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

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Teasy Agency Launches Marketing Firm

Teasy Agency has officially launched Teasy Marketing firm.

Ofcom Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

MintStars Launches Debit Card for Creators

MintStars has launched its MintStars Creator Card, powered by Payy.

xHamster Settles Texas AV Lawsuit, Pays $120,000

Hammy Media, parent company of xHamster, has settled a lawsuit brought by the state of Texas over alleged noncompliance with the state’s age verification law, agreeing to pay a $120,000 penalty.

RevealMe Joins Pineapple Support as Partner-Level Sponsor

RevealMe has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

OnlyFans Institutes Criminal Background Checks for US Creators

OnlyFans will screen creators in the United States for criminal convictions, CEO Keily Blair has announced in a post on LinkedIn.

Pineapple Support to Host 'Healthier Relationships' Support Group

Pineapple Support is hosting a free online support group on enhancing connection and personal growth.

Strike 3 Rejects Meta 'Personal Use' Defense in AI Suit

Vixen Media Group owner Strike 3 Holdings this week responded to Facebook parent company Meta’s motion to dismiss Strike 3’s suit accusing Meta of pirating VMG content to train its artificial intelligence models.

Pornhub, Stripchat: VLOP Designation Based on Flawed Data

In separate cases, attorneys for Pornhub and Stripchat this week told the EU’s General Court that the European Commission relied on unreliable data when it classified the sites as “very large online platforms” (VLOPs) under the EU’s Digital Services Act, news organization MLex reports.

Show More