Sean Crotty on why file sharers should beware
NOT BEFORE time, the wild west nature of the internet and file sharing is being tamed bit by bit.
Recently, an English court ordered that a woman who illegally downloaded a video game from a file sharing website should pay £16,000 to the copyright holder of the video game.
Many commentators believe that this is the thin end of the wedge, as the court's decision is likely to be one of many since the music, film and video game industries have commenced battle with illegal downloaders.
The respective industries' main weapon is the possible disclosure orders against ISPs(?) which will entail the ISP being forced to release the names and addresses of users to identify illegal file sharers.
Notwithstanding many file sharing lobbyists' claims that such developments are an Orwellian nightmare, the truth is that it is required to protect the important economic right of copyright.
It is estimated that around 6 million people illegally file share in the UK each year. It is not hard to see how such lost revenue will impact on the entertainment industries, particularly in this increasingly digital world.
Most musical works, films and video games in the UK are protected by the law of copyright by virtue of the Copyright, Designs and Patent Act 1988, which provides the copyright holder the monopoly right to exploit such works.
In short, the owner of the copyright should be entitled to be paid for use of the work unless he has agreed otherwise. Lest we forget, unless artists are paid for the toils of their labour, the vast majority will get a day job and their creativity will be stifled.
It is clear that illegal file sharing is not a world away from "bunking" into the cinema or stealing a CD from your local record shop.
Hands up who think such actions are acceptable and will not hinder the entertainment industry. Thought so.
Now hands up if you have downloaded a copyright work without permission of the copyright holder.
Copyright law exists for a reason, and we all benefit from the creativity of (most) artists.
The entertainment industry is simply using a well established law to protect its widget, as all businesses would do. E-shoplifters of the world unite, your time may have come.
Sean Crotty is a solicitor at Weightmans.