The First Judgment Rendered Pursuant to the Amended Copyright Law; Infringement by Online Music Swapping.

E031031Y3 Nov. 2003（E48）

    When the disputes between online music and recording industry have not subsided, the first judgment was rendered according to the amended Copyright Law yesterday! The responsible person of Tian Ma Music Website (天馬音樂網), though not intending for profits, used the Internet and CD burner to produce 108 pieces of pirated CD, and was sentenced to an imprisonment of eight months and was granted a two-year probation by Taipei District Court. This judgment ensures that online music swapping is likely to constitute the violation of the law. Therefore, people or enterprises that provide files for others to download should pay special attention to this matter.

    According to this judgment, the vice president of Taiwan Association Information Technology and Intellectual Property, Chen Jia-Jyun (陳家駿) considered that there were two points deserve attention. First, the judgment stated that it was not the reasonable use for the defendant to search music from swapping websites, reproduce such music, and put it on the Internet for other people to download. Second, after the enforcement of the amended law, to arbitrarily put the files on the Internet for other people to download is likely to constitute an infringement on the right of public transmission. In this regard, people should avoid the violation of the law when they swap music files.
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