Peer-to-Peer File Sharing, Due Process, and the Judicial Role

Abstract

This Article explores the intersection of peer-to-peer file sharing and storied legal doctrines of fairness. Many contemporary treatments of this subject focus on the theoretical implications of substantive due process in this area. This analysis, in contrast, places less emphasis on contorting old doctrines into new circumstances. Instead, this Article argues that modern legal, practical, and technological developments require reevaluation of the Copyright Act's regulation of statutory damages. It further argues that this reform should not come from the judiciary wielding due process, but rather from Congress.