CYBER LAWs MID-EXAM

Copyrights Infringements Through P2P File System

BY :
MEY NY 102161505
SOPHEA TRY 102161504
AMELIA MAULANASARI 031411131022
VUNIETA 031411131123
TAMARA MEILIANA SISWANTO 031411131132
WALIDA AHSANA HAQUE 031411133032

FACULTY OF LAW
AIRLANGGA UNIVERSITY
 TABLE OF CONTENT

CHAPTER I........................................................................................................3
1.1. Background...............................................................................................3
1.2. Legal Issues...............................................................................................4
1.3. Objectives..................................................................................................4
1.4. Advantages................................................................................................4
CHAPTER II.......................................................................................................5
2.1 Distinction between the legal P2P File Sharing and the illegal P2P
File Sharing......................................................................................................5
Some facts about illegal file sharing.............................................................6
2.2 The consequences illegal files sharing as the form of Peer-to-Peer
(P2P) system.....................................................................................................7
a. Case on Illegal File Sharing.....................................................................8
b. Law Enforcement....................................................................................10
2.3 The Authors Legal Protection and Dispute Settlement.....................11
a. Legal Protection.......................................................................................12
b. Dispute Settlement..................................................................................14
CHAPTER III...................................................................................................17
Conclusion......................................................................................................17
CHAPTER IV...................................................................................................18
References.......................................................................................................18

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 CHAPTER I
Introduction

1.1. Background
The development of ICT resulting some actions that made big effect for the whole
world. One of the effect is the borderless of world, related to the globalization as well. TRIPs
reminds IPR protection standards with substantive and objective purposes as long as it will
contribute to the healthier and more opened trade. Regarding to TRIPs on Article 2 paragraph
2 stipulated that copyright protection shall extend to expressions and not to ideas, procedures,
methods of operation or mathematical concepts as such. This kind of IPR purposed to give
prevention of any intellectual creation from piracy action or counterfeiting. Meanwhile,
TRIPs has not definitively determined any creation which protected to the copyright, except
for computer program and data compilation as stated on Article 10 TRIPs.

For the development of copyright protection involved two kind of approaches that
applicable by state with common law system and civil law system. In the common law
system, it is recognized the copyright system with the main point on the protection of the
creations. Meanwhile on the civil law concept, such Indonesia, requires that the creation
protected by copyright should be an intellectual creations which is personal as a mark of
personality of the creator, within fulfilling requirements of originality and creativity. For
instance, in the applicable law concerning IPR, in Cambodia, in order to protect authors
interest, to protect cultural values, to integrate Cambodias economy, Cambodia enacted the
Law on Copyright and Related Right. Basically, not all countries have enacted a regulation
regarding on cyber and/or copyrights, but Indonesia already regulates both. Meanwhile, for
Cambodia as mentioned above, they only have regulated on IPR, but the regulation regarding
on cyber is still only in the form of draft regulation.

As we know that there are many platforms with open source, and established by
various operators as systems for the unauthorised distribution of copyright protected content.
In its development, some operators formed a P2P-system based platforms for the unlawful
distribution of the contents. As the consequences, for an end-user who downloads copyright
protected content from an unauthorised site risks a civil action or a lawsuit brought by the
copyright owner for infringement of copyright by making an unauthorised copy of the file. 1

1 John Lambrick, Piracy, File Sharing And Legal Fig Leaves, Journal of International Commercial Law and
Technology: RMIT University, Vol.4, Issue 3 (2009),

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 This P2P file sharing become a distribution mechanism of the internet copyright infringers.
On general copyright principles applicable on states who have adopted the World
International Property Organisation (WIPO) Copyright Treaty, the mere use by a person of
a P2P platform should not of itself constitute a breach of copyright, as in most cases such
platforms are made freely available for the file sharers.2

1.2. Legal Issues

In this paper, the legal issues we can take as bases of the analysis of paper, there are:
1. What is the distinction between the legal P2P File Sharing and the illegal P2P File Sharing?
2. How is the consequences of illegal downloading as the form of P2P file sharing?
3. What is the legal protection and dispute settlement for the file creators towards the illegal
downloading in P2P file sharing?

1.3. Objectives
This paper purposed to:
1. Reviewing the argumentation and based philosophy the legal protection of copyright in the
scope of cyber law;
2. Finding and determine the parameter of copyright in cyber law involving the existence and
exercise of the creator;
3. To analyze and determine the criteria of what kind of violation of copyright in the term of
cyber law

1.4. Advantages
Regarding to this paper, we expected to give beneficial from side of:
1. Give some opinion in general to the development of legal science, and specifically for
Intellectual Property Law on the concept and philosophy;
2. As part of rechtsbefoening or legal development, in form of legal form, by means the creation
of law in general sense;
3. Seeking to balancing the position between the creator with the any parties which related to
the interest of intellecetual creation protected by Intellectual Property Law.

2 Ibid.

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 CHAPTER II
Analysis

2.1 Distinction between the legal P2P File Sharing and the illegal P2P File Sharing
P2P refers to "peer-to-peer" networking, and P2P allows computer hardware and
software to function without the need for special server devices. 3 File sharing is 100% legal
and the programs or technologies behind file sharing are also legal. However, it will be illegal
if you're sharing copyrighted content with other people4. P2P file sharing allow you to access
a wealth information such as music, movies, or software for free but you might commit a
crime by doing so. It is because the data that being shared might be illegal 5 due to copyright
content.

We have known so far that the file which is protected by the copyright law, cannot be
reproduced, copied or resold without the consent from the owner. And if user does not
carefully using the internet and done file sharing, it might considered as an illegal activity.
Mostly the lawsuits against Internet users are related to the infringement of copyright. 6 A
general rule to think whether something is copyrighted is to think if those products can be
purchased. For example a popular song that you had buy online or a software program or
game you had buy at the store.When you download it or distributed to others without the
permission from a copyright holder, this action constitute as a crime. However, if you share
your familys videos or your voice records that is not governed by the copyright law to other
people using P2P file sharing, you may stay safe.

This infringement of copyrights most internet users fall out very often because lack of
knowledge regarding the existence of copyrights in Internets product, supported with various
types of copyrights law in every country. What we have to underline here is that the illegal
thing was not the program itself, but the file that being shared. Here are several distinction
between Legal and Illegal activity in using P2P;

3 https://www.lifewire.com/definition-of-p2p-818026, accessed on 23 April 2017

4 Is File Sharing or Torrents Illegal or Legal http://www.computerhope.com/issues/ch001042.htm, Accessed
on 21 April 2017.
5 Ibid
6 Mark Harris, How to Stay Legal When File Sharing (P2P Programs) Lifewire, 09 October 2016
https://www.lifewire.com/how-to-stay-legal-when-using-your-p2p-program-2438507 Accessed on 23 April
2017.

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No. Differences Legal Illegal

1. Software Program Legitimate Websites which Websites which may

already received permission lead to copyrighted files
from the files owner (for example: Bit,
(for example : Spotify) Torrent, Kazaa, etc)

2. Intent or Purpose Personal Reason Commercial Related

Ex: Download a movie Ex: Download a new hit
trailer, game demo, or song or movie that still
software patch in the theater, and
distribute it to other
people

3. Downloaded copyrighted Obtain a right through Download files without

files into your computer purchaces, rental agreement any consent from the
or written permission from copyright holders (when
copyright holders you have not purchased)

4. Distributed copyrighted Distributing the content to Distributing the file

file to other users other people with the without the consent
obtained those file permission from the from copyright holders
through the purchase from copyright holders
owner

5. Media files Files which are not Files that protected by

copyrighted copyright
Files available for the public
(be caution)

Some facts about illegal file sharing

In the P2P file-sharing context, infringement may occur, for example, when one
person purchases an authorized copy and then uploads it to a P2P network. When one person
purchases a CD, creates an MP3 or other digital copy, and then uses a P2P network to share
that digital copy with others, both the individual who makes the file available and those

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making copies may be found to have infringed the rights of the copyright owner(s) and may
be violating federal copyright law.7

Most people think that downloading the files from Internet are free and anonymous 8,
but the fact is that copyright holders can trace illegal downloading through IPs address of the
computer. They think it is okay to share on the Internet a movie, songs, or game that they
have already purchased. However, purchasing copyrighted material does not give you the
right to share copies of that material to other people. Only the copyright holders that has an
exclusive right to share with people they want. For example: you legally purchased the songs
from iTunes Store but you put those songs in the folder on your hard drive that used for
sharing the file in P2P program, those song might be shared to other people without your
acknowledge. You have distributed those copyrighted songs illegally and you have to
responsible for that action.

2.2 The consequences illegal files sharing as the form of Peer-to-Peer (P2P) system
In the Peer-to-Peer (P2P) File Sharing, there are distributions of digital media such as
software, videos, music, and images through an informal network in order to upload and
download files.9 P2P file sharing applications allow a computer to connect to a P2P network,
and once connected, make it possible to download and share files with other users on the
network.10 Meanwhile when a movie or song is produced and marketed, everyone involved in
the process has monetary gains from the sale of that product. Therefore, that product is
protected by copyright law so that it cannot be copied, reproduced or resold without their
permission.11

Many of internet users, regardless their occupations, their studies, or even interests
have experienced how the P2P file sharing could be very advantageous. However, this
convenience by having a simplified world because of the help of file sharing has been

7https://en.wikibooks.org/wiki/The_World_of_Peer-to-Peer_(P2P)/What_is_Peer-to-
Peer_(P2P)/Legal_Perspective, accessed on 23 April 2017
8 What is Filesharing? Last updated 20 December 2016, https://its.syr.edu/infosec/filesharing/facts.html
Accessed on 22 April 2017.
9 Avoid illegal Peer-to-Peer File Sharing Last updated 24 March 2016,
http://www.it.northwestern.edu/security/illegaldownloading/ Accessed on 23 April 2017.
10 Dartmouth Copyright Policy & Guidlines, Peer-to-Peer File Sharing and Copyright Law,
<http://www.dartmouth.edu/copyright/peer2peer/>, accessed on May 20th, 2017.
11 Webster University, Illegal Downloading & File Sharing, <http://www.webster.edu/technology/service-
desk/illegal-downloading.html>, accessed on May, 24th 2017.

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misused by some particular people to illegally share files at any forms which should have not
been shared without permission because of the copyrights on the files.

First of all, we have to understand that file sharing is not illegal, the illegal of file sharing is
when we share a copyrighted files, whether upload or download. For instance, when an
internet user is downloading movies from unofficial website. For more detail, Dartmouth
College explains that this actions is included as copyrights infringement if done without
permission of the copyright owner:

1. Copying and sharing images, music, movies, television shows or other

copyrighted material through the use of P2P technology;

2. Purchasing a CD or DVD and then making copies for others.

3. Posting or plagiarizing copyrighted material on your personal Web space.

4. Downloading anything of which you don't already own a copy (software,

MP3s, movies, television shows, etc.).12

Although these same technologies were also being used for non-infringing purposes,
including sharing of authorized songs, live concert recordings, public domain works, movie
trailers, and video games, the record industry has won most of these lawsuitsbut it is still
losing the war. For example, after Napster was shut down, new networks quickly appeared.
Napster was replaced by Aimster and AudioGalaxy, which were supplanted in turn by
LimeWire, Morpheus and Kazaa, which were then partially supplanted by eDonkey and
BitTorrent.13

a. Case on Illegal File Sharing

The landmark case of the illegal file sharing is the Recording Industry Association of
America v The People (RIAA v The People). On September 8th 2003, the recording industry
sued 261 American music fans for sharing songs on peer-to-peer (P2P) file sharing networks,
kicking off an unprecedented legal campaign against the people that should be the recording

12 Dartmouth Copyright Policy & Guidlines, Peer-to-Peer File Sharing and Copyright Law, ibid.
13 Electronic Frontier Foundation, RIAA v The People Five Years Later, <https://www.eff.org/files/eff-riaa-
whitepaper.pdf>, accessed on May 20th, 2017.

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industrys best customers: music fans.14 Five years later, the recording industry has filed,
settled, or threatened legal actions against at least 30,000 individuals, these individuals have
included children, grand parents, unemployed single mothers, even college professorsa
random selection from the millions of Americans who have used P2P networks. And theres
no end in sight; new lawsuits are filed monthly, and now they are supplemented by a flood of
pre-litigation settlement letters designed to extract settlements without any need to enter a
courtroom.15 Under the Digital Millennium Copyright Act (DMCA) in 1998, a copyright
owner is entitled to issue a subpoena to an ISP seeking the identity of a subscriber accused of
copyright infringement. In the view of the recording industrys lawyers, this entitled them to
get names and addresses from an ISP with a mere allegation of infringement.16

The lawsuit was insanely broad. The first filed against individuals for file sharing,
caused an uproar, with both students and university officials expressing dismay at the heavy
handed tactics of the recording industry. Even for Brianna Lahara, a twelve-year-old girl
living with her single mother in public housing in New York City. In order to settle the case,
Brianna was forced to apologize publicly and pay $2,000. The RIAA filed 5,460 lawsuits
during 2004, ringing in the new school year with a wave of suits against university students
and bringing the total number of lawsuits to 7,437. By the end of 2005, the total number of
suits had swelled to 16,087. In February 2006, at which point 17,587 had been sued, the
RIAA stopped making monthly announcements regarding the precise number of suits being
filed. As a result, it is now impossible to get an exact count of the total number of lawsuits
that have been filed. The lawsuits, however, have continued, with the RIAA admitting in
April 2007 that more than 18,000 individuals had been sued by its member companies, 39 and
news reports showing the number as of October 2007 to be at least 30,000. Most lawsuit
targets settle their cases for amounts ranging between $3,000 and $11,000.17

The RIAA has frequently justified the lawsuit campaign as the most effective way to
get music fans to understand that downloading is illegal and can have serious consequences.
However, after years ahead, unfortunately the lawsuits delivered by the recording companies
did not reduce the rates of people doing the illegal downloading through the P2P Filesharing
system anyway. The lawsuits went to the random chosen people from their ISPs and the

14 Electronic Frontier Foundation, RIAA v The People Five Years Later, ibid.
15 ibid.
16 ibid.
17 ibid.

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effects were not taken so seriously by all societies. Despites the fact that they realize the
system was illegal by downloading copyrighted files, people still download them anyway,
what matter is that their ISPs were not tracked and they did not get caught.

b. Law Enforcement
DMCA Title II, the Online Copyright Infringement Liability Limitation Act
("OCILLA"), creates a safe harbor for online service providers (OSPs, including ISPs)
against copyright infringement liability, provided they meet specific requirements. Section
512 of the Copyrights Act, stated on the Title II of the DMCA. Regulates that In addition to
limiting the liability of service providers, Title II establishes a procedure by which a
copyright owner can obtain a subpoena from a federal court ordering a service provider to
disclose the identity of a subscriber who is allegedly engaging in infringing activities. 18 This
is obviously the legal basis that is used by the recording companies to deliver the lawsuits
against the alleged infringers.

Based on Article 11 of the Agreement of Trade-Related Aspects of Intellectual

Property Law, In respect of at least computer programs and cinematographic works, a
Member shall provide authors and their successors in title the right to authorize or to prohibit
the commercial rental to the public of originals or copies of their copyright works. A Member
shall be excepted from this obligation in respect of cinematographic works unless such rental
has led to widespread copying of such works which is materially impairing the exclusive
right of reproduction conferred in that Member on authors and their successors in title. In
respect of computer programs, this obligation does not apply to rentals where the program
itself is not the essential object of the rental.19 From this article we can also conclude that the
works of the authors in any way is not permitted to be rented, or in other word, to be shared
without the authors permission.

The consequences of illegally sharing copyrighted files through P2P system is that
anyone who does that will be charged with the copyrights infringements based on the enacted
laws on each state. The example above, RIAA v The People is based on the Copyright Law of
the United States. As it is regulated in Indonesia through Law Number 28 Year 2014 about
Copyright, at Article 40 it is regulated that any cinematographic products such as songs,

18 The Digital Millenium Copyrights Act of 1998, Online Copyright Infringement Liability Limitation Act,
Title II.
19 Agremeent on Trade-Related Aspects of Intellectual Property Rights, at 11.

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movies, and theaters are protected under the copyright law, meaning that the copyrights of
such products can not be transferred without the author's or owners consent. Even though the
copyright laws might proven ineffective or unsuccessful to stop the illegal download because
of the incredible amount of internet users who decide to still illegally download files despite
the fact that they know it was breaking the law. However, the law is the law, it gives
protection to the creators or the owners of the copyrighted products. If the creators found that
someone, anyone, has violated his rights over the products, then the creators has the full
rights to sue the infringers and bring them to the court, those are the consequences that must
be accepted by the infringers.

Another consequences of illegal sharing through P2P system is that llegal

downloading places the computer at high risk of receiving viruses. Most illegal downloading
is done through Peer-to-Peer (P2P) software, which allows people to share their files with
others. Since we have no idea where you are getting the files from, you have no way of
knowing if they are infected with viruses or spyware. Downloading infected files to your
computer could result in loss of data, excessive pop ups, slow Internet connection and
possible identity theft. An active anti-virus software will not always protect you from viruses
obtains through P2P software.20

2.3 The Authors Legal Protection and Dispute Settlement

Cyber activities give advantages for the creator or publisher of movies, songs, articles,
etc. to increase their popularity and revenue. However, since cyber activities become the
favorite activities, it also becomes target of unlawful action regarding the copyrights
matters. There were so many illegal conduct done by internets users, thus it needs law to
protect the creators rights. Law become one tool to protect the exclusive right of creator.
Also, inside the law (whether national or international) it may provide the repressive
protection through dispute settlement.

Peer-to-peer sharing file become one of the cause of copyrights infringement called as
warez (illegally copied software). Users connected one to each other without the center of
server. The function of the center only to save all file that already uploaded by the users.
Although P2P has legitimate users (not for commercial uses, etc.), it still potentially
encourages the violation of copyrights. So, it needed legal protection, whether repressive
or preventive for the authors.
20 Webster University, Illegal Downloading & File Sharing, ibid.

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a. Legal Protection
In international law, we recognize some of International regulations related with
copyright such as: Berne Convention 1886, Universal Copyright Convention, Convention
for the Protection of Performers, Producers of Phonogram and Broadcasting Organization
(Rome Convention/Neighboring Convention), Geneva Convention 1971, WIPO Copyright
treaty and also in Agreement on Trade Related Aspect of Intellectual Property Rights.
Regarding to TRIPs, it has stipulated that in respect of this paragraph and paragraphs 3 and
4 of Article 70 concerning the protection of existing subject matter, copyright obligations
with respect to existing works shall be solely determined under Art. 18 of the Berne
Convention on the amendment of 1971, and obligations with respect to the rights of
producers of phonograms and performers in existing phonograms shall be determined
solely under Art. 18 of the Berne Convention (1971) as made applicable under paragraph 6
of Art. 14 of this Agreement. The protection of copyright in cyber activities stipulated also
in International law, which called as Council of Europe Convention on Cybercrime, in
which includes copyright as object of cybercrime that needs to be protected.21

Most of countries use Berne convention as the standard protection for Copyrights
matters in International Law. The total amount of member reached until 173 of parties,
higher than UCC and Rome convention.22 Berne convention can be as legal basis because
it gives moral right to author to claim authorship and object of distortion. According to
Berne convention, for copyrights, the authors do not need to register their work or
announce it to get protection toward their works (automatic protection). The protection
will be prevailed up to 50 years after the death of the authors. Moreover, Berne
Convention gives protection for every author, whether the author from the original state or
the author from the states member in Berne Convention, this protection called as National
treatment or assimilation. Moreover, Berne convention gives independence of protection,
means the author not only depends on the state where the copyrights created. However,
the protection must be given by any member of this convention.

21 Convention on Cybercrime, http://www.wipo.int/edocs/lexdocs/treaties/en/ce-

185cc/trt_ce_185cc_001en.pdf, accessed on 19 April 2017
22 WIPO, Contracting parties in Berne Convention, http://www.wipo.int/treaties/en/ShowResults.jsp?
treaty_id=15, last accessed on 18 April 2017

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 Basically, International laws or conventions regarding intellectual property rights give
legal protection in general. It means they only regulate prevention steps and classification
which activities that classified as copyright infringement, such as the collection of
electronic evidences to ease investigation process for each countries member.23 Relating
with repressive steps, such as procedure of infringement and sanctions become the
authorities of every country. While there was no consensus, protection is needed at
international level, there was general dissatisfaction with the current piecemeal approaches
that provide different rules of the game in different countries and regions of the world.24

For example, one of the oldest copyrights law in the world is the US law that already
changed into Digital Millennium Copyright Act (DMCA) nowadays. 25 US as the member
of WIPO copyright treaty, is required to protect the creators rights and also protect the
innocent users through the exception in DMCA clause. Moreover, in DMCA also involve
online service provider (OSPs) to stop the copyrights infringement by mechanistic
notification procedure to the infringer. In Indonesia, there is also copyrights and related
right (Law No. 28 Years 2014) and also for Law in Informations and Electronic
Transaction No. 19 Years 2016. Both of laws regulate about protection for exclusive right
of authors. Based on Indonesian law, protection of copyrights will be got automatically,
because the declarative principle of copyrights itself. Government also provide registration
of copyrights to directorate general of intellectual property rights in Indonesia, but it is not
an obligation. In Cambodia also, there is Intellectual Property rights, but not every of work
is automatically protected. However, in copyrights law every work will be protected
automatically. The authors or right-holder may deposit their work at the Ministry of
Culture and Fine Art. For every cases regarding copyrights infringement could file a
lawsuit to the court for repressive steps.

23 Sukma Indrajati, Thesis: Tinjuan Hukum Internasional Terhadap Cyber Espionage sebagai salah satu
bentuk Cybercrime, page. 56.
24 The papers presented at the Seminar can be found at http://www.wipo.int/meetings/2005/wipo_iis/en/.
25 Alexander Czadilek and Daniel J Staudigl, Intellectual Property and File Sharing Networks,
http://www.internet4jurists.at/literatur/czadilek%20staudigl%20-%20intellectual%20property
%20%20filesharing.pdf, page. 31, last accessed on 21 April 2017.

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b. Dispute Settlement
It possible for case of infringement happened outside jurisdiction of the author's
residence, because cyber crime categorized as extraterritorial crime. In this case, international
law is applied as a guidance which law is prevailed and how the procedure is. Dispute
settlement could categorize as repressive step for copyrights violation in cyberspace.

In the matter of choice of law and choice of forum, it applies international customary
law, which are:

1. Subjective territoriality principle, means the choice of law based on the

place of the crime was conducted.

2. Objective territoriality principle, means the choice of law based on the

country which get the impact for cyber crime activity.

3. Nationality principle, means the choice of law based on perpetrator's

nationality.

4. Passive nationality principle, means the choice of law based on the

victims nationality.

5. Protection principle, means that law that applied based on the

willingness of the state to protect

6. Universality principle, means that every state entitled to arrest and

punish the perpetrator.

In some cases, many countries choose nationality or passive nationality as choice of

law which applied for the perpetrator. In order to settle the disputes, it also use the principle
in International Civil Law. First is the principle of basis of presence, which stated that the
court jurisdiction is based on the domicile of the defendant. Second is the principle of
effectiveness means that the court jurisdiction based on the place where the wealth of
defendant located.

For repressive steps in International law and national law, dispute settlement not
always bring to the courtroom. Furthermore, Berne Convention also regulate the legal
protection in dispute settlement for the author if there is any copyright infringement in article

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33 (1), where parties may use other dispute resolution outside court (negotiation, mediation,
etc) :

Any dispute between two or more countries of the Union concerning the interpretation
or application of this Convention, not settled by negotiation, may, by any one of the
countries concerned, be brought before the International Court of Justice by application in
conformity with the Statute of the Court, unless the countries concerned agree on some
other method of settlement. The country bringing the dispute before the Court shall inform
the International Bureau; the International Bureau shall bring the matter to the attention
of the other countries of the Union

From the article above, we can interpret the case that could bring to ICJ if it was
related to the matter of territory/jurisdiction between states. The ICJ will be decided which
country entitled to settle the case based on all treaties and conventions as the references.
Moreover, the settlement of dispute still become the authority of every domestic court in
every state.

In the United State, the report about copyrights infringement through cyber activities
is the highest case. It gives repressive step toward illegal downloading. The legal protection is
by filing lawsuit to the courtroom or others dispute resolution, such as negotiation and
conciliation. The procedure to do dispute resolution (non-litigation) is more flexible than go
to courtroom. Before entering into courtroom, plaintiff should registered copyrights
infringement matters in US Copyright office. Morover, they can notify Online Service
Provider to notice the infringer. The procedure of notification consists of the following basic
steps:26

1. "Notice" is sent to the service provider by the complaining party. The complaining
party has to imply the notification with signature of the owner. The notification also
explain the identification of the copyrighted work alleged to be infringed.

2. The service provider notifies the subscriber and removes or disables the allegedly
infringing material.

3. The service provider provides a copy to the complaining party of a timely counter-
notice from the subscriber. the counter-notice is needed to prove that notification was
26 Digital Millenium Copyrights Act, http://policy.ucop.edu/doc/7000472/DMCA, last accessed on 24 April
2017

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 mistaken. If there is no counter-notice, OSP notifies it that the removed or disabled
material will be restored in no less than 10 business days and no more than 14 business
days unless the entity notifies the provider that it has sought a court order for
injunctive relief.

4. The service provider restores the allegedly infringing material (to avoid liability to the
subscriber) if it has not received a timely notice from the complaining party that
injunctive relief has been sought.

There was the first famous case related with copyrights infringement through file
sharing. RIAA v. Napster case happened before the RIAA could access personal identity of
users through the server provider. So that, RIAA represented some creators filed lawsuit to
Napster because of direct infringement by reproduction and distribution of copyrighted
works.

However, in previous case of the Recording Industry Association of America v The

People, United State company bring the copyright infringement cases to the court. It was
reached total number of lawsuit up to 30,000 because according to DMCA, server provider
could give the users identities to RIAA. Some of the lawsuit settled in pre-litigation and
others, it took individuals to the courtroom. Moreover, lawsuit also happened in United
Stated, in the case of MGM Studios Inc. v. Grokster, Ltd. It was quite different from the case
of RIAA v. The people, which against the users of P2P file sharing, but it almost same with the
case of Napster.

In the case of MGM v. Grokster, MGM files lawsuit to the company that provide free
software, which allowed computer users to share electronic files through P2P. The program
was used by universities, government agencies, corporation, libraries and private users. Some
private users shared copyrighted music, video, etc. without authorization. There was no
evidence also for company to filter or stop copyright infringement, because free movies and
songs were what draw their users and gain more profit from adds. As the supreme courts
decision, Grokster, Ltd. as file sharing company was proved guilty by doing copyrights
infringement. After the case of MGM v. Grokster, court continues to use legal threats to
intimidate P2P technology companies. Some of those companies, such as iMesh and
BearShare have bowed to the legal pressure and agreed to filter infringing material from
their networks.

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 CHAPTER III
Conclusion

In the scope of international law concerning Intellectual Property Right, theres Berne
Convention enforces a requirement that countries recognize copyrights held by the citizens of
all other signatory countries. The convention relies on the concept that a work does not have
to be formally registered in every jurisdiction but becomes copyrighted in jurisdictions once
the work is introduced to it. The means of redress for the safeguarding of rights shall be
governed by the legislation of the country where protection is claimed.

Since the development of technologies were more broader, then it makes effect to the
ability to efficiently transfer very large files and the availability of open- source file sharing
platforms, P2P computing creates an environment where copyright piracy can proliferate.
Though, in the implementation, it seems likely that in many jurisdictions a bona fide platform
can be created without subjecting the creator or operator to copyright breach. Legal action
against end users by rights holders is not always effective in fighting piracy. Rights holders
must set realistic expectations for intermediaries, adopt new business models for distribution
of their material so as to reduce the incentives for unauthorised use, and use technology
sensibly in order to manage their rights.

There has been a case related to the violation of this term, the Recording Industry
Association of America v The People (RIAA v The People) case was the essential case before.
The main lawsuit of RIAA is that to get music fans to understand that downloading is illegal
and can have serious consequences.

About the dispute settlement body, basically, WIPO does not have a specific body,
committee, or policy forum that deals with Intellectual Property and the internet, but many
treaties and agreements incorporate Intellectual Property, including trademark, inventions,
and copyright, limitations and expectations into the texts. The database of Intellectual
Property laws and treaties is an excellent place to find and research international documents
relating to Intellectual Property.

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 CHAPTER IV
References

1. Avoid illegal Peer-to-Peer File Sharing Last updated 24 March 2016,

http://www.it.northwestern.edu/security/illegaldownloading/
2. Is File Sharing or Torrents Illegal or Legal
http://www.computerhope.com/issues/ch001042.htm
3. What is Filesharing? Last updated 20 December 2016,
https://its.syr.edu/infosec/filesharing/facts.html
4. Agremeent on Trade-Related Aspects of Intellectual Property Rights
5. Alexander Czadilek and Daniel J Staudigl, Intellectual Property and File Sharing
Networks,
6. Convention on Cybercrime, http://www.wipo.int/edocs/lexdocs/treaties/en/ce-
185cc/trt_ce_185cc_001en.pdf
7. Dartmouth Copyright Policy & Guidlines, Peer-to-Peer File Sharing and Copyright Law,
8. Digital Millenium Copyrights Act
9. Earl W. Kintner and Jack Lahr, An Intellectual Property Law Primer, Clark Boardman, New
York, 1983, p. 346-349. It can also referenced to James Lahore, Copyright, Butterworth,
Sydney, 1977
10. Electronic Frontier Foundation, RIAA v The People Five Years Later
11. http://www.wipo.int/meetings/2005/wipo_iis/en/.
12. https://en.wikibooks.org/wiki/The_World_of_Peer-to-Peer_(P2P)/What_is_Peer-to-
Peer_(P2P)/Legal_Perspective
13. https://www.lifewire.com/definition-of-p2p-818026
14. John Lambrick, Piracy, File Sharing And Legal Fig Leaves, Journal of International
Commercial Law and Technology: RMIT University, Vol.4, Issue 3 (2009)
15. Manish Lunker, Cyber Laws: A Global Perspective
http://unpan1.un.org/intradoc/groups/public/documents/apcity/unpan005846.pdf
16. Mark Harris, How to Stay Legal When File Sharing (P2P Programs)
https://www.lifewire.com/how-to-stay-legal-when-using-your-p2p-program-2438507
17. Mr. SIM Sarak, Topic 3: Copyright Law in Cambodia-Rights of Reproduction, cited on
http://www.accu.or.jp/appreb/10copyr/pdf_ws0810/c2_03.pdf
18. Sukma Indrajati, Thesis: Tinjuan Hukum Internasional Terhadap Cyber Espionage sebagai
salah satu bentuk Cybercrime
19. The Digital Millenium Copyrights Act of 1998, Online Copyright Infringement Liability
Limitation Act, Title II.
20. Webster University, Illegal Downdoaling & File Sharing
21. WIPO, Contracting parties in Berne Convention,

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