Copyright (c) 2001 Suffolk Transnational Law Review
Suffolk Transnational Law Review
NOTE: THE U.S. GOVERNMENT'S FIGHT AGAINST NAPSTER AND ONLINE MUSIC PIRACY: THE INEVITABLE CONFLICT
25 Suffolk Transnat'l L. Rev. 217
The year is 2001 and a California federal court found the Internet-based company Napster liable for illegally facilitating the distribution of copyrighted material over the Internet. 1 Following the California federal court's decision, concern grew that a Napster copycat might arise in a foreign country to essentially promote and achieve the same massive infringing activity of American artists as its U.S. predecessor. 2 Although the U.S. Government may not extend and enforce its copyright laws to foreign jurisdictions hosting Napster copycats, the government is not at a loss of legal recourse to terminate infringing activity. 3 The United States has international resolution procedures and enforcement mechanisms it may utilize to protect its copyrights abroad. 4 The host country's affiliation with the United States, via treaties or world organizations, however, directly affects which resolution procedure and enforcement mechanism it may utilize. 5
Part II of this Note considers the conduct, nature, purpose, and effect of Napster's website. 6 Part III examines the rules and procedures governing dispute settlements and enforcement mechanisms available through the World Trade Organization (WTO) and its own Trade-Related Aspects of Intellectual Property Agreement (TRIPS), as well as relevant domestic statutes applicable to WTO member states. 7 In addition, Part III considers alternative mechanisms available to the U.S. Government against host countries that are not WTO members. 8 Part IV of this Note analyzes the most effective course for the U.S. Government to navigate and the likelihood of its success against potential copyright infringements ...
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