File sharing has been the epitome of computer geeks or rather the general public in sharing content based online such as music, movies and even documents that uses Peer-2-Peer (P2P) distributional methods to one computer onto another. However, Pirate Bay’s issue is closely related to the concept of infringement of copyright regulations.
According to Ross, copyright regulations were put forward to protect creators of the items as most of them rely on legal marketplace to get paid. Furthermore, the advocators of file sharing sanctions claim to have means to pay those creators (2008). As file sharing has been deemed illegal, the confusion lays in the term of “fair use” and the question remains: isn’t P2P complying with the fair use term?
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In my opinion, fair usage is a broad rule and a common defense dogma used against copyright chargers as file sharing can be done without the permission or acknowledgement of the owner. As mainly the fair use of copyrighted materials are for “transformative” purpose that includes commenting, criticizing and parody a copyrighted work (Stim, 2010). Nonetheless, this defense doctrine boils down to the sole intended purpose of the distributor. In relation to Pirate Bay’s case, Wang exemplifies that:
“judge the fairness by the objective standard of whether a fair minded and honest person would have dealt with the copyright work in the manner.”
(2007, p. 4)
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Therefore, file sharing is only legal when it is used for educational purposes only – which would require another scrutiny of the term that made file sharing permissible. Subsequently, another example that is closely related to Pirate Bay’s case is copyright charges inflicted upon Megaupload’s founder Kim Dotcom for massive worldwide online piracy faces the possibility of 50 years of imprisonment if found guilty.
However; according to Chirgwin (2012), Kim Dotcom’s criminal charges could not be prosecuted as it is not located within the US jurisdiction. Hence, Pirate Bay should reform their copyright purposes in order to prevent howling to the same shadow of Megaupload.
(332 Words)
REFERENCE LIST
Chirgwin, R., 2012, “Megaupload Case near Collapse: Report”, Theregisteruk.com. Viewed 13th June 2012
[Available Online]:
http://www.theregister.co.uk/2012/04/23/megaupload_case_in_trouble/
Ross, P., 2008, “Copyright Laws Work Well Against Illegal File Sharing, Also Called Online Theft”, Usnews.com. Viewed 13th June 2012
[Available Online]:
http://www.usnews.com/opinion/articles/2008/12/22/copyright-laws-work-well-against-illegal-file-sharing-also-called-online-theft
Stim, R., 2010, “Getting Permission: What Is Fair Use?”, Stanford University Libraries, Viewed 13th June 2012
[Available Online]:
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-a.html
Wang, Y. Y., 2007, “Where Does Fair Use Go? :An Insight into Regulating File-Sharing in Research and Education”, School of Law University of Southampton, (p. 1 – p. 13). Viewed 13th June 2012
[Available Online]:
http://www.bileta.ac.uk/content/files/conference%20papers/2007/Where%20Does%20Fair%20Use%20Go%20---%20An%20Insight%20into%20Regulating%20File-Sharing%20in%20Research%20and%20Education.pdf
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