Taiwan's music industry suffered a setback yesterday when the Shihlin District Court found a local peer-to-peer (P2P) file-sharing operator not guilty of infringing intellectual property rights.
In the nation's first ruling on file-sharing cases, the court found that Weber Wu (吳怡達), president of Ezpeer -- which provides a for-fee platform for subscribers to swap files -- did not engage in reproducing or publicly distributing works of copyright holders.
The court also said that current laws and regulations do not specifically ban or limit file-sharing activities.
"We will keep negotiating with record labels to find a way that would create benefits for us, the copyright holders and consumers," Wu said at a press conference yesterday after the verdict was announced.
The plaintiff, the International Federation of the Phonographic Industry (IFPI) in Taiwan, which represents major record labels, said it would appeal the verdict.
"This is the darkest day for the music industry," said Robin Lee (
Lee said the association would also target individual file-sharers for further legal action.
The association has been waging a legal war on P2P operators for three years. A similar lawsuit against kuro.com.tw, Taiwan's largest file-sharing site, has yet to be decided.
Lee said yesterday's verdict would batter the already sagging music industry, citing the failure of the nation's first legal online music distributor, iBIZ Entertainment Technology Corp, which was launched in November 2003, but shut down after 15 months.
The verdict is also a slap in the face to Taiwan's national image, as many countries have found P2P operators liable for infringing copyrights, Lee said.
Taiwan has been trying to improve its intellectual property rights (IPR) protection for several years. In January, the nation was finally taken off the US Trade Representative's "Priority Watch List" and put on the less severe "Watch List" of IPR violators under the US' Special 301 Law. One of the major reasons the US continues to list Taiwan as an IPR violator is rampant file-sharing activities.
Two IPR experts criticized yesterday's ruling.
Taiwan should match the US Supreme Court's ruling on Monday that found file-sharing companies liable for encouraging third parties to use their products to infringe copyrights, said Paul Liu (
Liu said unauthorized use of file-sharing software only serves to discourage song writers or movie producers from creating original works.
John Eastwood, a lawyer with Wenger & Vieli and co-chairman of the Intellectual Property Committee of the European Chamber of Commerce Taipei, said public awareness of IPR protection in Taiwan should also be enhanced to block file-sharing operators.
"The business model of Apple Computer Inc's iTune music store apparently is not viable here, as consumers have long enjoyed free downloading from the Internet," Eastwood said. "I think consumer education is going to be one of the next big battles."
NETWORK-MAPPING PROJECT: The database contains 170 detailed files of Taiwanese politicians and about 23 million records of household registration data in Taiwan China has developed a network-mapping project targeting political figures and parties in Taiwan to monitor public opinion during elections and to craft tailored influence campaigns aimed at dividing Taiwanese society, according to documents leaked by Chinese technology firm GoLaxy (中科天璣). The documents, collected by Taipei-based Doublethink Lab, showed a database was specifically created to gather detailed information on Taiwanese political figures, including their political affiliations, job histories, birthplaces, residences, education, religion and a brief biography about them. Several notable Taiwanese politicians are in the database, including President William Lai (賴清德), former president Tsai Ing-wen (蔡英文), Minister of Foreign Affairs Lin Chia-lung (林佳龍),
KEY INDUSTRY: The vice premier discussed a plan to create a non-red drone supply chain by next year, which has been allocated a budget of more than NT$7.2 billion The government has budgeted NT$44.2 billion (US$1.38 billion) to cultivate Taiwan’s uncrewed aerial vehicle (UAV) industry over the next five years, which would make the nation a major player in the industry’s democratic supply chain in the Asia-Pacific region, Premier Cho Jung-tai (卓榮泰) said yesterday. Cho made the remarks during a visit to the facilities of Cub Elecparts Inc (為升電裝). Democratic Progressive Party (DPP) Legislator Chen Su-yueh (陳素月) and Chinese Nationalist Party (KMT) Legislator Hsieh Yi-fong (謝依鳳) also participated in the trip. Cub Elecparts has transitioned from the automotive industry to the defense industry, which is the top priority among the nation’s
UPGRADED MISSILE: The Chungshan Institute of Science and Technology is reportedly to conduct a live-fire test of the Hsiung Feng III anti-ship missile on Thursday next week The US Army is planning to build new facilities to boost explosives production and strengthen its supply chain, a move aimed at addressing munitions shortages and supporting obligations to partners including Taiwan, Ukraine and Israel, Defense News reported. The army has issued a sources sought notice for a proposed Center of Excellence at the Blue Grass Army Depot in Kentucky, the report said. The facility would serve as a hub within the US industrial base for the production of key military explosives, including research department explosives (RDX) and high melting explosives (HMX), while also supporting research and development of next-generation materials. The proposed
SOUTH KOREA DISPUTE: If Seoul continues to ignore its request, Taiwan would change South Korea’s designation on its arrival cards, the foreign ministry said If South Korea does not reply appropriately to a request to correct Taiwan’s name on its e-Arrival card system before March 31, the government would take corresponding measures to change how South Korea is labeled on the online Taiwan Arrival Card system, the Ministry of Foreign Affairs said yesterday. South Korea’s e-Arrival card system lists Taiwan as “China (Taiwan)” in the “point of departure” and “next destination” fields. Taipei has asked Seoul to change the wording. Since March 1, South Koreans who hold government-issued Alien Resident Certificates (ARC) have been identified as from “South Korea” rather than the “Republic of Korea,” the
RSS