P2P: is giving access illegal?

Two US judges gave a different answer to the question: “Is putting a copyright content in a folder accessible to P2P share illegal?” According to Judge Kenneth Karras of New York, it is illegal, whereas for Judge Nancy Gertner of Boston it is not an infringement until the content has been downloaded by someone. Nevertheless, both judges agree that downloading copyright content is an infringement. The judgments are not final.

Would Judge Nancy Gertner confirm her decision, then it would open new perspectives in future trials.

  • Content owners will not have to prove the exposure of copyrighted content, but would have to prove the actual download of the exposed content by someone else.
  • Content owners should probably also have to proof that the exposure was deliberate. Known examples have illustrated that people may inadvertently expose data to peer to peer networks. See Confidential data and P2P

An interesting issue to be followed.

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