What is file sharing?File sharing is the sharing or exchange of files between people using computers connected to the internet. The term covers both the making available of the file (uploading), for instance on a file-sharing service such as Kaaza, and the downloading of that file from the internet to a computer.
In principle sharing any type of file is considered file sharing, including text files, computer programs, pictures, music, and films. The term does not distinguish between distribution of files created by the sharer himself and files created by others. Distinguishing between files you have copyright to, because you created them yourself, and files to which others have these rights, is very important however since copyright legislation grants different rights to creators of files and users of these files. Not all file sharing is illegal. In recent years the term “file sharing” has been associated with illegal sharing and piracy.
What are the benefits of file sharing?File sharing networks can develop a sense of community among users, particularly in areas such as gaming. The use of file sharing networks is primarily a recreational activity and they do not really have any application in educational settings at this point in time.
Is file sharing illegal?File sharing is not illegal if it involves sharing your own files. You can share photos from your last holiday with your friends and family, but uploading and downloading music and films without prior permission from the rights holder is illegal in most countries in Europe and in most other countries in the world. Where the boundaries are between legal and illegal file sharing must, however, be determined by the copyright law of each individual state – even in the EU. There are, for example, differences between copyright law in France and the UK that allow for the exchange of files in France that are not permitted in the UK. As a rule of thumb, however, consider file sharing of music and films illegal. The reference to film and music in this case is made because most questions arise on the legality of the sharing of these types of files.
Can my son or daughter go to jail for illegal file sharing? When file sharing is illegal, for instance the sharing of blockbuster films or the latest MTV hit, a jail sentence is not likely to be the legal consequence of either the uploading or downloading of these files. In most cases courts will award economic compensation for the estimated loss/value of the infringement. Large scale illegal file sharing can, however, lead to criminal procedures and result in jail sentences depending on the volume of files shared, the profit motive involved etc. As mentioned earlier, copyright laws are different in different countries. So are the consequences of infringement. Even in the EU, where copyright and the enforcement of copyright is harmonised to a certain extent, infringements are not necessarily dealt with in the same manner.
Is file sharing the same as Peer-to-peer (P2P) networks? A peer-to-peer network is a technology that allows those that are connected to the network to exchange files. It is only one of several ways files are shared on the internet. But because of the anonymity these peer-to-peer networks have offered, they have often been associated with file sharing, in particular illegal file-sharing using services like Kaaza, Donkey e.g.
Peer-to-peer service and peer-to-peer technology are increasingly being used by the film and movie industry in legitimate online content services.
If I should advise my children, what are the alternatives to illegal file sharing? Advise your children to use one of the many legitimate services like Napster, i-tunes and others if they want to download music to their computer. Also, they should not be sharing files with others unless explicitly permitted by the rights holder. There is a large amount of legal music on the internet both for purchase and for free. For more information and links to some of these sites go to: www.pro-music.org/musiconline.htm
What is copyright?Copyright is an exclusive right for authors to distribute, reproduce and make their works available to the public. Its purpose is to allow creators to make a living from their creativity and copyright provides them with a tool to control the use of their work. There are certain exceptions to the exclusive right that allows users of protected works to make limited amount of copies for private use, make copies against remuneration for use in schools etc. Before the internet, making copies of pages in a book for private use was in most countries considered legal. The extent of this right to make private copies and share them with friends and a larger audience in the digital environment is, in essence, what the debate on file sharing is all about.
Where can I learn more about file sharing and copyright?Many organisations provide extensive information about copyright and file sharing. Here is a non-exhaustive list of some organisations and sites providing useful information:
Remember that the greatest risk for young people using P2P applications is unwanted content. Illegal content is widely shared using P2P and files are purposely misnamed to trick people into downloading them.
Now go to your national node’s website to find useful links and further information.
