Comment Most damning... (Score 1) 638
built and controlled the networks in a way that they could easily prevent the copyright infringements from occurring. The defendants' principal defense that they have no ability to control the network is belied by a myriad of facts, including the fact that Kazaa demonstrated its ability to turn off the Morpheus system at whim
This is the most damning point of the summary. This is what really killed Napster. If it can be proved that the content can somehow be controlled on these P2P networks, they will probably be stopped in the end.
But I am wondering... Is pulling the plug equal to controlling what is done with a particular device or network? It seems to me that there is a big difference here. Blocking copyrighted songs on the network is one thing, but killing it because you have knowledge that someone might be abusing it goes too far.