Peer-to-peer file sharing : balancing copyright and other rights

Abstract

This thesis focuses on the problems encountered in the protection of copyright works in the advent of new technologies of file sharing through peer-to-peer networks. The author considers the European Court of Justice preliminary ruling for Scarlet Extended SA v SABAM in depth, as this has shed new light on the measures to be taken when protecting authors' copyright and the limitations to remedies taken. This is significant due to the fact that, in peer-to-peer file sharing, three players are involved; each player having their own rights and limitations, all of which should be balanced. The copyright owner seeks to protect his/her fundamental right to property, denouncing the abuse done through peer-to-peer networks. In consideration of any action this owner may take, the Internet Service Provider, as the intermediary providing the network, invokes its right to conduct business. Finally, the users ask for protection of their right to privacy, the protection of their personal data and their freedom of information. In consideration of all this, actions against peer-to-peer file sharing users and Internet Service Providers may result in all these rights coming into conflict with each other, and thus the Court requires that a fair balance be struck between these, so as to ensure adherence to all and prejudice to none. It is concluded that a protection as regards copyright owners is very pertinent, even in this file sharing scenario; however, he must accept the rights and liberties of others. This thesis examines how the European Court of Justice manages to maintain a balance of rights and liberties, even if this is at the cost of rejecting the copyright owner's request, yet still affirming the latter's rights. The introduction and further encouragement for more legally approved facilities of file sharing should ultimately help deter users from opting for illegal avenues, and decreasing the infringements taking place.