Copyright protection grants creators monopolies – with their attendant harms – in order to provide incentives for continued creation. File sharing, which exploded with Napster’s appearance in 1999, effectively weakened copyright protection. Researchers have documented depressing effects of...

This Article examines the symbiotic relationship between copyright law and technology. I describe how an environment characterized by rapid technological change creates two conditions that determine the direction and evolution of copyright law: legal delay and legal uncertainty. I explain how...

Over the past decade, numerous scholars and commentators have asserted that the indirect copyright liability standards applied in the Napster, Aimster, and Grokster decisions, among others, significantly chill technological innovation. This article examines this critical conjecture and offers...