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In a peer-to-peer network, it may be the case that 10 peers each share 1/10 of a file to 10 other peers. Would each of the sharing peers hold full responsibilit
by grhino 14y ago
In a peer-to-peer network, it may be the case that 10 peers each share 1/10 of a file to 10 other peers. Would each of the sharing peers hold full responsibility for sharing the file even though technically they only delivered 1/10th of it. I would expect awarding damages to hinge on this kind of hair splitting.
- nknight 14y agoIn areas of tort liability, it's routine for there to be a determination that party A is liable for X%, B is liable for Y%, etc.. Historically, I don't think this would come up as much in copyright law. General torts often involve a confluence of events triggered by multiple actors, whereas copyright violations have usually been clearly the act of a single person or entity, so I'm not sure there's much case law around this.
- wmf 14y agoThis case was based on the "making available" theory, not actual sharing, right? Under that theory, if each peer was offering the whole file they could be fully liable for infringement.