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PIRACY, FILE SHARING … AND LEGAL FIG LEAVES

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Author(s): John Lambrick

Journal: Journal of International Commercial Law and Technology
ISSN 1901-8401

Volume: 4;
Issue: 3;
Start page: 185;
Date: 2009;
Original page

Keywords: p2p platforms | copyright | piracy | right holders | John Lambrick | Bit Torrent | jurisdiction | ownership | intermediaries | content hosts

ABSTRACT
Peer to Peer (P2P) platforms have been very effective in allowing the transmission of large, bandwidth-intensive files (such as music and video) over the internet. Many such platforms are open source, and have been established by various operators as systems for the unauthorised distribution of copyright protected content.In addition to civil (and often criminal) liability faced by persons establishing P2P platforms for the unlawful distribution of content, an end-user who downloads copyright protected content from an unauthorised site risks civil action by the copyrightowner for breach of copyright by making an unauthorised copy of the file.The paper will look at the significant growth in P2P file sharing and its role as a medium for copyright piracy. The paper willexamine: how P2P file sharing facilitates internet piracy; the effect of case law; legislative changes which have taken place in an attempt to deter illegal distribution of copyright material through P2P platforms.; the effectiveness of strategies adopted by rights holders in an attempt to reduce unauthorised file sharing and ; protection measures available both for copyright owners seeking to avoid having their work illegally copied , and also third parties (such as ISPs and content hosts) who may unknowingly become involved in the distribution of such material.

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Tangokurs Rapperswil-Jona

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