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"conduit" for copyright material for two reasons First, the court held Napster's role in the transmission of MP3 files does not occur through Napster's system, as required in the Act [60] In other words, Napster allows users to locate and directly exchange MP3 files by routing the request of a user to another user's browser instead of transmitting the files through its system, meaning although the connection could not take place without Napster's services, the transmission over the Internet is directly between the requesting and host users [61] Therefore, the court found section 512(1) is not applicable, as it only applies to providers "transmitting   flag  6

17 USC 512
United States Code
United States Code
United States

Law Journal Articles Referring to this Case

Journal Article Title Citation(s) Author Jurisdiction Date †  Full Text Citation Index
"The Legitimacy of Graduated Response Schemes in Copyright Law" (2011) 34 University of New South Wales Law Journal 1 Suzor, Nicolas; Fitzgerald, Brian Australia circa 2011 AustLII flag 6
"The Right to Anonymous Association in Cyberspace: US Legal Protection for Anonymity in Name, in Face, and in Action" (2010) 71 SCRIPT-ed 51 M Kim United Kingdom circa 2010 BAILII flag
"Legislation Notes" (2008) 14 Auckland University Law Review 269 Hallett-Hook, Tom New Zealand circa 2008 NZLII flag
Internet Service Provider Liability for Copyright Infringements of Subscribers: American and Australian Developments [2002] MurUEJL 51 Murdoch University Electronic Journal of Law Australia circa 2002 AustLII flag
"The Napster Appeal" (2001) 5 Southern Cross University Law Review 262 Dehlsen, Peter Australia circa 2001 AustLII flag
"The Napster Decision: Implications for Copyright Law in the Digital Age" (2000-2001) 21 University of Queensland Law Journal 245 Holthusen, Sarah Australia circa 2001 AustLII flag

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