On 7 November 2005 he was sentenced to jail for three months, but was immediately granted bail pending an appeal. He was released on bail for HK$5,000, awaiting a sentencing hearing, though the magistrate himself admitted the difficulty of determining how he should be sentenced due to the lack of precedent. The magistrate remarked that Chan's act significantly damaged the interest of copyright holders. On 24 October 2005, BitTorrent user Chan Nai-ming (陳乃明), using the handle 古惑天皇 ( The Master of Cunning, although the magistrate referred to him as Big Crook) was convicted of violating copyright by uploading Daredevil, Red Planet and Miss Congeniality to a newsgroup (Chapter 528 of Hong Kong law).
The court set their fine at 10% of the retail price of products distributed. Two other defendants were acquitted because they were underage at the time, but were held liable for legal fees and compensation for illegal distribution ranging up to 60,000 euros. The defendants appealed the case all the way to the Supreme Court of Finland, but failed to overturn the verdict. Seven system administrators and four others were ordered to pay hundreds of thousands of euros in damages.
In December 2004, Finnish police raided Finreactor, a major BitTorrent site. Despite these arguments, there has been tremendous legal pressure, usually on behalf of the MPAA, RIAA and similar organizations around the world, to shut down BitTorrent trackers. Some accused parties argued that BitTorrent trackers are legal even if sharing the copyrighted data in question was a copyright violation. BitTorrent metafiles do not store copyrighted data and are ordinarily unobjectionable. Legal regimes vary from country to country. This analysis applies to other sharing technologies and platforms.
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A single link, file or data or download action may be actionable in some places, but not in others. Thus, it is possible to host a BitTorrent file in geographic jurisdictions where it is legal and others where it is illegal. BitTorrent files and links can be accessed in different geographic locations and legal jurisdictions. Court decisions in various jurisdictions have deemed some BitTorrent files illegal.Ĭomplicating the legal analysis are jurisdictional issues that are common when nation states attempt to regulate any activity. BitTorrent may transmit or include illegal or copyrighted content.
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However, it can also be a very specific instruction for how to obtain content on the internet. Similarly, the use of BitTorrent to procure illegal materials could potentially create liability for end users as an accomplice.īitTorrent files can be seen conceptually as a hyperlink. Notably, the use of BitTorrent in connection with copyrighted material may make the issuers of the BitTorrent file, link or metadata liable as an infringing party under some copyright laws. While the technology and related platforms are legal in many jurisdictions, law enforcement and prosecutorial agencies are attempting to address this avenue of copyright infringement. The use of the BitTorrent protocol for the unauthorized sharing of copyrighted content generated a variety of novel legal issues. Legal notice provided upon an initial startup of the QBittorrent client.
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