Downloading of Unlicensed Songs via P2P Platform Against the Law　Taipei District Court Convicted the Platform and the Users.

In recent years, the development of P2P technology has put tremendous impacts on copyright protection. This is especially apparent when software service providers do not strictly monitor users’ downloading and allow transmission of unlicensed copyrighted works without the copyright holder’s license. On September 9, 2005, the criminal tribunal of Taipei District Court convicted Kuro and one of its subscription members, Chen, on the following counts.

 

Kuro is fully aware that the software and services it provides enable its members to illegally download another’s works, but continues attracting subscribers for subscription fees through advertisements (boasting of its software, service, and over 100,000 latest pop music available for downloading). In this way, the infringing act of the above-mentioned subscription member, Chen (the other defendant) is foreseeable, and the original intended service Kuro advertises is met. Thus, three of Kuro’s management and Chen share common criminal intent and liability for their actions, and are ruled joint offenders.

 

The other defendant, Chen was convicted of infringement on copyright (reproduction right) and sentenced to four-month imprisonment (which may be suspended for three years) for downloading over 900 unlicensed songs through KURO’s software.

 

In addition, “ezPeer”, also a P2P service provider which was charged by the record industry with copyright law violation like Kuro, was on the contrary found not guilty by Shilin District Court on June 30, 2005. The not guilty verdict has stirred up a huge controversy. To this verdict on ezPeer case, the court judges maintain that the current laws and decrees in Taiwan do not prohibit or restrict the Internet service providers’ file exchange service nor demand the providers to monitor the files transmitted among users. Based on this, the court ruled the responsible person of ezPeer, Wu Yi-Da (吳怡達) not guilty, while IFPI and other music groups are appealing against this verdict.

 

The advocate of both ezPeer and Kuro claimed that though both ezPeer and Kuro are P2P service providers, contrary judgments were rendered respectively in consideration of their different ways of running business and as a result of the independent rights of trial entitled to the judges. (2005.9)

CYJ/CCS