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Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
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June 23, 2005

FTC Report on P2P Workshop

Posted by Ernest Miller

The FTC has finally released a report on a p2p workshop held back in December, 2004. Read the 51-page report (FTC Staff Workshop Report: Peer-to-Peer File-Sharing Technology: Consumer Protection and Competition Issues [PDF]). I've only looked at the conclusions, but it sounds like a balanced, non-alarmist report. A couple of conclusions of note. First, the FTC doesn't want to take any action until Grokster is decided:

Because the United States Supreme Court’s decision this summer in Metro-Goldwyn Mayer Studios v. Grokster, Ltd., likely will clarify the legal framework applicable to P2P file sharing and may have a profound effect on the future structure and impact of P2P file-sharing programs, FTC staff does not believe that it would be prudent at this time to make specific recommendations regarding the intellectual property issues raised by P2P file sharing. [footnote omitted]
Well, it's a good thing they released the report today ... next week that conclusion would have looked a little funny. But it also means that the FTC will want another workshop or similar (as well as some time for Grokster to take effect) before making any major moves.

The other conclusion that is important is the one that really makes p2p programs part of the FTC's baliwick - whether they trick customers in various ways. The FTC isn't convinced p2p is a special problem.

Many of these risks to consumers are not unique to P2P file sharing, but also exist when consumers engage in other Internet-related activities such as surfing websites, downloading software, and using e-mail or instant messaging. Workshop participants submitted little empirical evidence concerning whether the risks arising from P2P file sharing are greater than, equal to, or less than these risks from other Internet-related activities.
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