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

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in the state, with penalties of up to $10,000 per violation.

FSC Releases Statement on Wisconsin Governor Vetoing AV Bill

The Free Speech Coalition has released a statement on Wisconsin Governor Tony Evers' veto of the state's age verification legislation.

AV Bulletin: West Virginia Enacts AV Law, Ohio 'Innocence Act' Advances

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Woodhull Survey Reveals Concern Among Sex Educators Over AV Laws' Impact on Access

A national survey of sex educators by the Woodhull Freedom Foundation found that a majority of sex educators and sexual health professionals are concerned that age verification (AV) laws will negatively impact access to information and resources.

Clips4Sale Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of content platform Clips4Sale in a case against a website using a similar domain to impersonate the site.

Pineapple Support, SextPanther to Host Stress Management Support Group

Pineapple Support and SextPanther are hosting a free online support group focused on stress management for performers.

Goddess Tangent Launches New Site Through Grooby's Blue.xxx

Goddess Tangent has launched her new membership site, TangentOD.com, through Grooby's website management company Blue.xxx.

Keiran Lee Guests on Chaturbate's 'Sex Tales' Podcast

Keiran Lee is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall, and streaming on the company’s “Camming Life” YouTube channel.

FSC Talks Age Verification on Capitol Hill

The Free Speech Coalition (FSC) has published a blog post detailing the organization's talks on age verification on Capitol Hill in Washington.

Show More