Dec 19 2009
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File sharing happens when folks who are connected to the Net use file-sharing programs to replicate files between each other. The moral issues come mostly from the concern that followers 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 isn’t always illegal, whether or not the works being shared are covered by copyright. For instance, some artists may choose to support freeware, shareware, opensource, or anti-copyright, and disciple the use of file sharing as a free advertising tool. Almost 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 needs. Content in the public domain can also openly be shared.
The entire thing has been something of a main event that long ago turned into a circus, but the involvement of groups like the FSF shows how much attention the case is getting. With Professor Nesson set to argue in court that file-sharing is only fair use, the case has believed a significance far beyond that of most such court actions, and everyone wants an opportunity to be heard.
Nesson is cooking up a terribly engaging defense in a p-2-p robbery case. Instead of disagreeing that accused file-swapper Joel Tenenbaum failed to do it, Nesson is contending that Nesson did not do anything inaccurate because sharing files with your “friends” over the web isn’t essentially a crime, and is covered under well-established Fair Use laws. Similarly , according to Nesson, the upset 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 essentially, de-criminalize P2P file-sharing forever.
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