The Use of Online Music Platform Is Ruled to Be Infringement for the First Time.

People may commit an offense against the law by downloading music from P2P website? IFPI (International Federation of the Phonographic Industry) indicated that Taipei District Prosecutor’s Office gave the ruling of suspended prosecution against the young man who downloaded music from P2P website. Users in Taiwan have to notice whether the music of the platform website is provided with the obligee’s legal authorization when using the platform websites of music swapping. Users should also have obtained the obligee’s legal authorization before they upload or exchange files so as to avoid offense against the law.

 

IFPI expressed that a 22-year-old young man surnamed Jhong in Taipei infringed upon the copyrights of the 12 record companies of Taiwan IFPI since he used ezPeer website to download, reproduce files, and also provide those files for other members to download, upload, and exchange. After a complaint had been filed with Panchiao District Prosecutor’s Office in Taiwan, the prosecutor held that this young man surnamed Jhong violated the Copyright Law, but the prosecutor, in consideration of Jhong’s young age and his first offense, rendered a suspended prosecution against him with IFPI’s agreement in order to give Jhong an opportunity to make a fresh start.

 

IFPI’s complaint filed against the member of ezPeer became another example that the business filed a complaint against the consumer in addition to the incident in which the student of Cheng Kung University illegally downloaded music. Regarding this situation, Secretary General of Consumer’s Foundation, Cheng Ren-Hong (程仁宏) indicated that consumers should observe relevant laws and regulations, while the repeated occurrence of such incident deserves the government’s interference and realization. Cheng expressed that due to the facts that though the Copyright Law was amended before, the details were still unclear, and that there was difference between the law and its enforcement, the government should make an overall examination on this matter so as to protect both the consumer and the business’ rights. (2003.11)

CYJ/CCS