CNet has an analysis of Kazaa and other peer-to-peer networking services, including a reference to a lawsuit over a Star Wars movie on the service:
Jessica Litman, a professor at Wayne State University Law School, says achieving a conviction wouldn't be trivial for prosecutors. "For purposes of a criminal prosecution, you'd have to show more than that the defendant made the files available--you'd have to show that she actually made or distributed copies," Litman says. "Not too difficult using today's tools, but you would need to show the actual copying of the file by third parties rather than merely proving that defendant downloaded the files into her share directory."
There already have been successful prosecutions under the NET Act of Web pirates--but not of peer-to-peer pirates.
In 2001, a 21-year-old Michigan man named Brian Baltutat was successfully prosecuted under the NET Act for posting a mere 142 software programs on the "Hacker Hurricane" Web site. Jason Spatafore, 25, pleaded guilty to posting just one movie on the Web--"Star Wars: Episode I - The Phantom Menace"--in December 2000.
A quick check of Kazaa on Friday afternoon showed that there were 4.1 million users online, sharing some 800 million files. The odds of any specific person getting busted are pretty low, but someone's going to be a test case. Got your lawyer ready?