Justice Found Between Protection of Infringers' Privacy and Enforcement of Producers' Copyrights
Running head: Justice found between protection of infringers’ privacy and enforcement of producers’ copyrights
Justice found between protection of infringers’ privacy and enforcement of producers’ copyrights
UID: 3035066936
The University of Hong Kong
Author Note
This paper is prepared for Cyberspace Crime, CCST 9029, taught by Professor Dr. K. P. Chow and tutored by Raymond Chan.
Abstract
This study evaluates a 2006 Court of First Instance case, Cinepoly Records Co Ltd & Others v Hong Kong Broadband Network Ltd & Ltd. It examined how the copyright of music producers could be infringed via P2P software and how might infringers be caught using IP trace back. The case revealed how the hurdles set up by the Personal Data (Privacy) Ordinance could be overcome to protect owners’ copyright under the Copyright Ordinance. Moreover, it led to the discussion of whether it is ethical to upload or download free files online.
Background
7 music companies (Plaintiffs, ‘Ps’) conducted an online investigation and discovered 22 internet users infringed their copyright by uploading their music files via WinMX. Ps decided to sue civil wrongs against the uploaders but Ps only got their IP addresses. Therefore, they sought Norwich Pharmacal relief against 4 Internet service providers, (ISP) (Defendants, Ds) for the HK ID card number and home address of the uploaders, who are Ds’ subscribers. Ds refused as the information sought was ‘personal data’ under Personal Data (Privacy) Ordinance so the disclosure might breach the Data Protection Principle .
Technical Aspect
P2P file sharing software
The 22 subscribers shared the music files on WinMX, which is a peer-to-peer (P2P) file sharing software. It was famous for downloading music files as it had a search function and was available in many languages (WinMX, 2012)
The advent of P2P causes rampant copyright infringement because its download speed is faster than that in the traditional client-server
Justice found between protection of infringers’ privacy and enforcement of producers’ copyrights
UID: 3035066936
The University of Hong Kong
Author Note
This paper is prepared for Cyberspace Crime, CCST 9029, taught by Professor Dr. K. P. Chow and tutored by Raymond Chan.
Abstract
This study evaluates a 2006 Court of First Instance case, Cinepoly Records Co Ltd & Others v Hong Kong Broadband Network Ltd & Ltd. It examined how the copyright of music producers could be infringed via P2P software and how might infringers be caught using IP trace back. The case revealed how the hurdles set up by the Personal Data (Privacy) Ordinance could be overcome to protect owners’ copyright under the Copyright Ordinance. Moreover, it led to the discussion of whether it is ethical to upload or download free files online.
Background
7 music companies (Plaintiffs, ‘Ps’) conducted an online investigation and discovered 22 internet users infringed their copyright by uploading their music files via WinMX. Ps decided to sue civil wrongs against the uploaders but Ps only got their IP addresses. Therefore, they sought Norwich Pharmacal relief against 4 Internet service providers, (ISP) (Defendants, Ds) for the HK ID card number and home address of the uploaders, who are Ds’ subscribers. Ds refused as the information sought was ‘personal data’ under Personal Data (Privacy) Ordinance so the disclosure might breach the Data Protection Principle .
Technical Aspect
P2P file sharing software
The 22 subscribers shared the music files on WinMX, which is a peer-to-peer (P2P) file sharing software. It was famous for downloading music files as it had a search function and was available in many languages (WinMX, 2012)
The advent of P2P causes rampant copyright infringement because its download speed is faster than that in the traditional client-server
References: Cosgrove-MatherBootie. Poll: Young Say File Sharing OK. Retrieved December 4, 2012 from http://www.cbsnews.com/stories/2003/09/18/opinion/polls/main573990.html Losdon, J Shang R.A., Chen Y. C. and Chen P. C. (2005). Why Do People Share Music Files in the P2P Environment:. Proceedings of the Fifth International Conference on Electronic Business, 392-399. Peer-to-Peer versus a Client-Server. (2000). Retrieved December 4, 2012, from http://www.dewassoc.com/support/networking/serverpeer.htm What is an IP Address