I think you're right. The issue of peer-to-peer as a technology I'm not sure we have looked at as the focal point of copyright policy, in the sense of saying that the technology is the problem. In a sense, peer-to-peer technology, as we understand it, is a file-sharing mechanism and can't speak to whether the content is infringing or non-infringing. I think what we've tried to do in our policies is to acknowledge the reality of peer-to-peer file sharing in the sense that it's enabling an infringing activity. How can you get to the infringing activity while still allowing the beneficial uses that peer-to-peer technology may provide, not only in other contexts but in the copyright context as well, in terms of developing a marketplace?
On October 2nd, 2006. See this statement in context.