Title

Comment: Sony, Fair Use, and File Sharing

Document Type

Article

Publication Date

Summer 2005

ISSN

0008-7262

Publisher

Case Western Reserve University School of Law

Language

en-US

Abstract

In this short Commentary, I would like to explore just one of the interesting strands developed in her paper-the scope of personal fair use in Sony, and its implications for peer-to-peer file sharing. More specifically, I want to reflect on the suggestion that Sony's broad exemption for personal copying has eroded into something unrecognizable, and that it is this erosion-rather than any difference between file-sharing and time shifting-that explains the courts' hostility to the fair use defense in the peer-to-peer context.

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