Managing Intellectual Property

Appeal Court backs first criminal BitTorrent conviction

18 May 2007

Peter Ollier, Hong Kong

Hong Kong's highest court today dismissed an appeal against the world's first conviction for infringing copyright by sharing files using BitTorrent technology

Hong Kong's highest court today dismissed an appeal against the world's first conviction for infringing copyright by sharing files using BitTorrent technology.

Lawyers say that the ruling could make it more likely that similar cases are brought in other jurisdictions.

Chan Nai-ming, who used the internet alias Big Crook, had distributed three films using BitTorrent peer-to-peer file sharing technology. He was convicted of copyright infringement and sentenced to three months in jail in October 2005 at Tuen Mun Magistrates Court.

The Hong Kong Court of Appeal upheld the conviction in December 2006, but the case was then appealed to the Court of Final Appeal.

Chan was convicted under section 118 (1)(f) of Hong Kong's Copyright Ordinance, which states: "A person...



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