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Digital File Sharing – Current Issues

Digital File Sharing – a Hot Topic

As most broadband Internet users know, there are quite a few debates going on in Congress and at the federal regulatory levels about how to protect copyrighted material in new digital media. As broadband Internet connections become faster and faster, it becomes easier and easier to swap and download music, video and text files in a matter of minutes. While the downloading and swapping of some content is perfectly legal and acceptable, the problem lies in the fact that a majority of the material being shared is copyrighted, and no compensation is being given to the creators or artists of the swapped material. This has been an especially big problem in the music and entertainment industries, where millions of songs and movies are shared among file sharing programs without the consent of the recording or publishing companies.

As of July 2005, there are still many debates raging in Congress regarding this issue. Below is a short selection of some of the current issues being discussed.

Digital File Sharing – Supreme Court Rules That Grokster Can Be Held Liable

On June 27, the Supreme Court ruled in favor of MGM in the case MGM vs. Grokster. The court rules that the entertainment industry had provided enough evidence that Grokster and StreamCast, two major providers of P2P software, had actively encouraged users to illegally download copyrighted material. This ruling is considered a very important one because the court upheld what is considered to be a vital principle in this area of law. This principle is that simply creating and distributing technology is not enough to hold an inventor liable for an infringement under copyright law.

Digital File Sharing – Court Strikes Down FCC’s “Broadcast Flag” Rules

On May 6, a Federal court ruled that the FCC did not have the proper authority to require “broadcast flag” regulations designed to discourage the ubiquitous copying of digital TV broadcasts. If the court had ruled in favor of the FCC, the broadcast flag rules would have required that televisions, computers, and all other devices that handle broadcast digital programs, obey specific content protection standards starting in July 2005. Though this particular case is now over, the debate is not. The case is likely to move on to Congress, whose authorization will be needed if the rules are to be revived and instated.

One of the best places online to keep informed about issues like these is the Center of Democracy and Technology’s Web site. You’ll be able to read about the most current debates and learn about the developments in intellectual property law with respect to digital file sharing.