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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.
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]
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.
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.
[6] [7] It allowed users to share content via peer-to-peer (P2P) file sharing and was one of the first mainstream uses of this distribution methods as it made it easy for regular users to get free music. Napster's popular use would only be short lived, as on July 27, 2000, it was ordered to be shut down by a federal judge; it was officially ...
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 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 .
One of the largest issues with P2P software is the public assumption that users use these programs strictly for illegal sharing of copyrighted files. There are many other usages associated with P2P software.