Haven't had a chance yet to read the full opinion yet, but the bottom line of this important ruling from the S.D.N.Y. is that a "download" of a file embodying a particular song is not a "public performance" of that song under the copyright act. This means that no royalty is due to the artist (or the artist's performing rights organization, like ASCAP, BMI or SESAC) when the song is downloaded. I'll update once I've read through it.
Stanford Center for Internet and Society
In the heart of the Silicon Valley, legal doctrine is emerging that will determine the course of civil rights and technological innovation for decades to come. The Center for Internet and Society (CIS), housed at Stanford Law School and a part of the Law, Science and Technology Program, is at the apex of this evolving area of law.
A download is not a "performance"
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