Title: The war against P2P: Has it gone too far?
Author: Rebecca Ong
Address: School of Law, City University of Hong Kong, Hong Kong
Abstract: While file sharing technology and its implications are not new, this paper considers the uniqueness of BitTorrent technology and its effect on copyright liability under the Copyright Ordinance in Hong Kong. Specifically the paper aims to evaluate and analyse the court's interpretation of the word 'distribution' and the appropriateness of the conviction of a BitTorrent user in HKSAR v Chan Nai Ming. The paper concludes that a concerted effort by stakeholders is required to establish a compensatory regime for the access and use of copyright works. This will perhaps address the delicate balance between the holders of rights on one hand and public interests on the other.
Keywords: file sharing; BitTorrent; copyright infringement; distribution; authorisation; positive act; conviction; technological solutions; compensation; P2P networking; peer-to-peer networks; Hong Kong.
Int. J. of Intellectual Property Management, 2008 Vol.2, No.1, pp.26 - 43
Available online: 19 Apr 2008