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Legal aspects of file sharing
File sharing is the practice of distributing or providing access to digital media, such as computer programs, multimedia (audio, images and video), documents or electronic books. It involves various legal aspects as it is often used to exchange intellectual property that is subject to copyright law or licensing.
==File hosting and sharing==
File hosting services may be used as a means to distribute or share files without consent of the copyright owner. In such cases one individual uploads a file to a file hosting service, which others may download. Legal history is document in case law.
For example in the case of Swiss-German file hosting service RapidShare, in 2010 the US government's congressional international anti-piracy caucus declared the site a "notorious illegal site", claiming that the site was "overwhelmingly used for the global exchange of illegal movies, music and other copyrighted works". But in the legal case ''Atari Europe S.A.S.U. v. Rapidshare AG'' in Germany, Legal case: OLG Düsseldorf, Judgement of 22 March 2010, Az I-20 U 166/09 dated 22 March 2010. The Düsseldorf higher regional court examined claims related to alleged infringing activity and reached the conclusion on appeal that "most people utilize RapidShare for legal use cases" 〔 - cite from ruling: "Es ist davon auszugehen, dass die weit überwiegende Zahl von Nutzern die Speicherdienste zu legalen Zwecken einsetzen und die Zahl der missbräuchlichen Nutzer in der absoluten Minderheit ist." (''It is to be expected that the vast majority of users use the storage services for lawful purposes and the number of abusive users are in the absolute minority.'')〕 and that to assume otherwise was equivalent to inviting "a general suspicion against shared hosting services and their users which is not justified".〔From the Atari v. RapidShare ruling: "entspricht einem Generalverdacht gegen Sharehoster-Dienste und ihre Nutzer, der so nicht zu rechtfertigen ist" (''corresponds to a general suspicion against shared hosting services and their users, which is not to justify such'')〕 The court also observed that the site removes copyrighted material when asked, does not provide search facilities for illegal material, noted previous cases siding with RapidShare, and after analysis the court concluded that the plaintiff's proposals for more strictly preventing sharing of copyrighted material – submitted as examples of anti-file sharing measures RapidShare might have adopted – were found to be "unreasonable or pointless".〔Legal case: OLG Dusseldorf, Judgement of 22 March 2010, Az I-20 U 166/09 dated 22 March 2010.〕
By contrast, in January 2012 the United States Department of Justice seized and shut down the file hosting site Megaupload.com and commenced criminal cases against its owners and others. Their indictment concluded that Megaupload differed from other online file storage businesses, suggesting a number of design features of its operating model as being evidence showing a criminal intent and venture.〔(Department of Justice indictment, on Wall Street Journal's website ) - see sections 7 - 14.〕 Examples cited included reliance upon advertising revenue and other activities showing the business was funded by (and heavily promoted) downloads and not storage, defendants' communications helping users who sought infringing material, and defendants' communications discussing their own evasion and infringement issues. the case has not yet been heard.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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