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thus, lawful music downloading servicesthose that charge the customer for downloading music and pay royalties to the copyright holderhave continued to grow and to produce substantial revenue. see brief for internet law faculty as amicus curiae 5-20; bruno, digital entertainment: piracy fight shows encouraging signs (mar. 5, 2005), available at lexis, news library, billboard file (in 2004, consumers worldwide purchased more than 10 times the number of digital tracks purchased in 2003; global digital music market of $330 million in 2004 expected to double in 2005); press release, informa telecoms & media, steady download growth defies p2p (global digital revenues will likely exceed $3 billion in 2010); ashton, [international federation of the phonographic industry] predicts downloads will hit the mainstream, music week, jan. 29, 2005, p. 6 (legal music sites and portable mp3 players are helping to transform the digital music market into an everyday consumer experience). and more advanced types of non-music-oriented peer-to-peer networks have also started to develop, drawing in part on the lessons of grokster.




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at the same time, advances in technology have discouraged unlawful copying by making lawful copying (e. g., downloading music with the copyright holder's permission) cheaper and easier to achieve. several services now sell music for less than $1 per song. (walmart.com, for example, charges $0.88 each.) consequently, many consumers initially attracted to the convenience and flexibility of services like grokster are now migrating to lawful paid services (services with copying permission) where they can enjoy at little cost even greater convenience and flexibility without engaging in unlawful swapping. see wu, when code isn't law, 89 va. l. rev. 679, 731-735 (2003) (noting the prevalence of technological problems on unpaid swapping sites); k. dean, p2p tilts toward legitimacy, wired news (nov.


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