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

44 Pages Posted: 21 Sep 2012

Date Written: May 20, 2012


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.

Suggested Citation

Bader, Christopher Kennedy, Peer-to-Peer File Sharing, Due Process, and the Judicial Role (May 20, 2012). Available at SSRN: or

Christopher Kennedy Bader (Contact Author)

Saint Louis University School of Law ( email )

100 N. Tucker Blvd.
St. Louis, MO 63101
United States

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