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DOJ Cracking Down on P2P

Washington Post - September 26, 2004

By Cynthia L. Webb
The Underground Network leaders could face an uncertain legal road ahead. "Attorney Robert Andris said ... hub operators, if ultimately charged with criminal copyright infringement, would face legal tests similar to those seen in the civil cases of Napster and Grokster.

However, criminal cases do have a higher standard of proof, he said,"News.com reported. "'A court would be looking at essentially the same conduct [as in the civil cases],' said Andris, a partner with Ropers Majeski Kohn and Bentley in Redwood City, Calif. 'What it comes down to is the ability to control [swapping activity], and knowledge that it's going on.'"