File sharing occurs when folks who are hooked up to the web use file-sharing programs to copy files between each other. The moral issues come often from the concern that proponents of file sharing may infringe copyright laws. This can occur if the content of a file being shared is covered by such laws.
File sharing is not necessarily illegal, whether or not the works being shared are covered by copyright. As an example, some artists may opt to support freeware, shareware, open-source, or anti-copyright, and advocate the use of file sharing as a free advertising tool. Just about all shareware, freeware, and open source software might be shared as much as the end user wishes, depending on the End User Disclaimer for that precise program. Other non-software related intellectual property may be shared legally in any way the end user desires. Content in the public domain can also freely be shared.
The entire thing has been a sideshow to a sideshow to a main event that way back turned into a circus, but the involvement of groups like the FSF shows quite how much attention the case is getting. With Professor Nesson set to debate in court that file-sharing is only fair use, the case has believed a significance far beyond that of most such legal actions, and everyone wants a chance to be heard.
Nesson is cooking up a really fascinating defense in a P2P robbery case. Instead of disagreeing that accused file-swapper Joel Tenenbaum didn’t do it, Nesson is saying that Nesson didn’t do anything inaccurate because sharing files with your “friends” over the Net isn’t really a crime, and is covered under well-established Fair Use laws. Furthermore, according to Nesson, the aggrieved party in a file-copying case isn’t entitled to any damages anyway.
Nesson’s plan is incredibly bold — should he succeed in this novel defense, it will fundamentally, de-criminalize P2P file-sharing forever.
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