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In Germany, file sharing of copyrighted files, for example through peer-to-peer software like BitTorrent, is illegal. Internet service providers routinely transmit the identity of IP address owners to private lawyer firms who are then able to send "cease and desist" letters often demanding the offender to pay €1,000 fines or more.
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]
Similarly, the use of BitTorrent to procure illegal materials could potentially create liability for end users as an accomplice. BitTorrent files can be seen conceptually as a hyperlink. However, it can also be a very specific instruction for how to obtain content on the internet. BitTorrent may transmit or include illegal or copyrighted content.
Napster was a pioneering peer-to-peer file sharing Internet service, founded by Shawn Fanning, that emphasized sharing digitally encoded music as MP3 audio files. On April 13, 2000, Metallica filed a lawsuit against the file sharing company Napster.
Peer-to-peer file sharing is the distribution and sharing of digital media using peer-to-peer (P2P) networking technology. P2P file sharing allows users to access media files such as books, music, movies, and games using a P2P software program that searches for other connected computers on a P2P network to locate the desired content. [1]
When it launched on June 1, 1999, the peer-to-peer music sharing service responded to a real need. It also heralded a troubling new ethic in tech that still shapes our world today.
This was the first major case to address the application of copyright laws to peer-to-peer file sharing. [2] While A&M Records served as the lead plaintiff, Napster was sued by 18 different record companies, all of which were members of the Recording Industry Association of America (RIAA). [3]
Peer-to-peer file sharing is based on the peer-to-peer (P2P) application architecture. Shared files on the computers of other users are indexed on directory servers. P2P technology was used by popular services like Napster and LimeWire. The most popular protocol for P2P sharing is BitTorrent.