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File sharing is the practice of distributing or providing access to digital media, such as computer programs, multimedia (audios, photos and/or videos), program files, documents or electronic books/magazines. It involves various legal aspects as it is often used to exchange data that is copyrighted or licensed.
BitTorrent files and links can be accessed in different geographic locations and legal jurisdictions. Thus, it is possible to host a BitTorrent file in geographic jurisdictions where it is legal and others where it is illegal. A single link, file or data or download action may be actionable in some places, but not in others.
Without iTunes, Amazon, and Best Buy, file-sharers would be just file sharers rather than purchasers. If you carry out the 'file-sharing should be legal' argument to its logical conclusion, today's retailers will be tomorrow's file-sharing services that integrate with their respective cloud storage services." [46]
A number of file-sharing networks surfaced in Napster's wake, including Morpheus, Grokster, and KaZaA, many of which faced their own legal challenges over infringing behavior by their users. [10] In 2005, MGM Studios, Inc. v. Grokster, Ltd. was heard by the Supreme Court and is considered by many to be the sequel to the Napster case, addressing ...
MGM Studios, Inc. v. Grokster, Ltd., 545 U.S. 913 (2005), is a United States Supreme Court decision in which the Court ruled unanimously that the defendants, peer-to-peer file sharing companies Grokster and Streamcast (maker of Morpheus), could be held liable for inducing copyright infringement by users of their file sharing software. [1]
Peer-to-peer file sharing intermediaries have been denied access to safe harbor provisions in relation to copyright infringement. Legal action against such intermediaries, such as Napster, are generally brought in relation to principles of secondary liability for copyright infringement, such as contributory liability and vicarious liability. [57]
In 2005, amid a federal investigation into bribery allegations against former California Rep. Randy “Duke” Cunningham, the FEC permitted the use of his campaign funds to pay legal expenses ...
There is considerable controversy over the application of the copyright laws to individual, noncommercial use of P2P programs to distribute MP3 files, but judicial opinion, so far, has sided with the music industry and held that an individual who copies and distributes an MP3 file containing copyrighted music violates federal copyright law.