The Napster decision left the DMCA question open as it didn't affect the actual appeal, and was instead left to be decided at trial (which never occurred): > W

The Napster decision left the DMCA question open as it didn't affect the actual appeal, and was instead left to be decided at trial (which never occurred): > We do not agree that Napster's potential liability for contributory and vicarious infringement renders the Digital Millennium Copyright Act inapplicable per se. We instead recognize that this issue will be more fully developed at trial. https://scholar.google.com/scholar_case?case=14102696336550697309&q=239+F.3d+1004&hl=en&as_sdt=6,39 https://scholar.google.com/scholar_case?case=141026963365506... The Grokster decision fails to mention the DMCA at all.