Distribution Over Peer-to-Peer Network
European Intellectual Property Review, Vol. 2, pp. 74-76, 2008
4 Pages Posted: 22 Jun 2008 Last revised: 13 Mar 2011
Date Written: November 7, 2007
Abstract
This note comments on the Hong Kong Court of Final Appeal decision in HKSAR v Chan Nai Ming on whether the use of a peer-to-peer file sharing network to distribute unlicensed copies of a copyright film infringed the Hong Kong Copyright Ordinance s.118(1)(f). It details the facts of the case and the court's analysis of whether the physical distribution of a tangible object was required for the offence, and whether the defendant's conduct constituted distribution. It notes the issue left unresolved by the judgment.
Keywords: Copyright, Copyright offences, Copyright infringement, Distribution, File sharing, Hong Kong
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