MegaUpload
was a file sharing site that, until recently, allowed people to upload and
share files (including material subject to copyright such as movies and
albums). The company operating MegaUpload was incorporated in Hong Kong and had
operations in multiple countries.
The
United States, in cooperation with New Zealand, arrested a number of people
connected with MegaUpload and accused them of facilitating and profiting from
copyright infringement. The United States claimed it was entitled to do this as
some of MegaUpload’s servers were based in the state of Virginia and therefore
subject to Californian and United States law.
It's
early days for MegaUpload, but the events surrounding the company raise a
number of issues regarding jurisdiction and foreign laws.
What are the Jurisdiction issues?
1.
It could involve downloader’s of the material
from all around the world – not just the ones states: New Zealand, America,
Hong Kong
2.
The penalty amount and type could change between
each country and jurisdiction
3.
Who decides where the infringement has taken
place?
4.
If only some of the MegaUpload’s servers were
based in the state of Virginia then wouldn’t it only be relevant to place infringement
of those under USA law and then the rest of the servers under which ever law
they originated? Who decides that?
5.
Is it too hard to manage file sharing sites? And
should the laws for them be changed due to the availability of sharing these
files?
6.
Should these files be made available to the
public for free? Should all infringement law on these files being shared
dropped?
There are many jurisdiction issues which arise from this
case which alot of them cannot be answered, although it is important to
consider them if a company or individual is looking to share files. All of
these issues are important to discuss and think about as it makes more people
aware of their rights and what law is out there for file sharing.
The most important things to consider are the laws in which
Australia, and also the laws in which the country of origin are for that
particular file that is being shared. For example, on the Australian Government
website there is a large area which goes into depth about copyright and our
rights and regulations for file sharing. See below.
Importation of sound recordings
The commercial importation of legitimate copies of sound recordings
(including CDs and records) is generally not an infringement of copyright. However,
if the copies were made without the consent of the copyright owner (ie they are
pirate copies), the importation of those copies will infringe copyright. A
person wishing to import CDs or records commercially without the permission of
the copyright owner should first seek legal advice.
Sound recordings commonly record musical works which themselves have a
copyright separate to the copyright in the recording. If the copyright in a
musical work is infringed by the making of a copy, the importation will also
infringe copyright in the musical work.
I have found in my own life that I have been completely
oblivious to any foreign laws and regulations about file sharing which could
ultimately affect me if I was to share a file which I might think that I have
the right to do where as this case shows blatantly that I really don’t have the
right to be sharing any files which don’t belong to me. I can apply these
jurisdiction issues to my own life and ensure that all proper research is done
before downloading and sharing files.
