File sharing has grown in popularity with the proliferation of high-speed Internet connections, and the relatively small file size and high-quality MP3 audio format. File sharing is a legal technology with legal uses, however many users use it to give and accept copyrighted materials without permission or authorization, and this is viewed by some as piracy of intellectual property, also known as copyright infringement.
Despite the existence of various international treaties, there are still sufficient variations between countries to cause significant difficulties in the protection of copyright. Recent years have seen copyright owners challenging file sharing networks, leading to litigation by industry bodies against private individual file sharers. The legal issues surrounding file sharing have been the subject of debate and conferences, especially among lawyers in the entertainment industries.
The challenges facing copyright holders in the face of file sharing systems highlight that current copyright law and enforcement may not be sufficient in dealing with rapidly developing new technologies and uses. Other challenges include ambiguities in the interpretation of copyright law and varying copyright legislations. The high number of individuals engaged in file sharing of copyrighted material means that copyright holders face problems relating to mass litigation and the development of processes for evidence and discovery.
File sharing technology has evolved in response to legal challenges. There is a low technical barriers to entry for would-be sharers, and many file sharing approaches now obfuscate or hide the fact that sharing is happening, or the identities of those involved. For example: encryption and darknets. Furthermore it is contested whether the transfer of segmented files constitutes copyright infringement in itself based on existing laws.
Further challenges have arisen because of the need to balance self-protection against fair use. A perceived overbalance towards protection (in the form of media that cannot be backed up, cannot be played on multiple systems by the owner, or contains rootkits or irksome security systems inserted by manufacturers), has led to a backlash against protection systems in some quarters. For example, the first crack of AACS was inspired by a perceived unfair restriction on owner usage.
Despite the existence of various international treaties, there are still sufficient variations between countries to cause significant difficulties in the protection of copyright. Recent years have seen copyright owners challenging file sharing networks, leading to litigation by industry bodies against private individual file sharers. The legal issues surrounding file sharing have been the subject of debate and conferences, especially among lawyers in the entertainment industries.
The challenges facing copyright holders in the face of file sharing systems highlight that current copyright law and enforcement may not be sufficient in dealing with rapidly developing new technologies and uses. Other challenges include ambiguities in the interpretation of copyright law and varying copyright legislations. The high number of individuals engaged in file sharing of copyrighted material means that copyright holders face problems relating to mass litigation and the development of processes for evidence and discovery.
File sharing technology has evolved in response to legal challenges. There is a low technical barriers to entry for would-be sharers, and many file sharing approaches now obfuscate or hide the fact that sharing is happening, or the identities of those involved. For example: encryption and darknets. Furthermore it is contested whether the transfer of segmented files constitutes copyright infringement in itself based on existing laws.
Further challenges have arisen because of the need to balance self-protection against fair use. A perceived overbalance towards protection (in the form of media that cannot be backed up, cannot be played on multiple systems by the owner, or contains rootkits or irksome security systems inserted by manufacturers), has led to a backlash against protection systems in some quarters. For example, the first crack of AACS was inspired by a perceived unfair restriction on owner usage.
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