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Sun, Apr 15, 2001 - Page 2 News List

Pursuing liability for MP3 downloads

QUANDARY Legal specialists, justice officials, the music industry and consumers are debating what to do about the illegal sharing of music files downloaded from the Web

By Irene Lin  /  STAFF REPORTER

Therefore, the Chengkung University students could be exempted from liability if they keep the MP3 files only for their own use and do not try to profit from them.

In contrast, Chang Shau-ping (張紹斌), a Taipei district prosecutor who specializes in intellectual property cases, made it clear that downloading without authorization of the copyright's owners is illegal.

Chang said that no pop music CDs are currently produced in MP3 format in Taiwan.

It follows that the online MP3 files themselves are illegal reproductions and, needless to say, downloading the illegally-reproduced files constitutes an infringement of copyrights.

"The students do not have any legal privileges. They're adults over 18 years old and should take responsibility for their actions," the prosecutor said, in light of the growing uproar among the university students against Wednesday's search.

While law enforcement agencies seem eager to put an end to what they view as illegal acts, there are scholars warning that an all-out crackdown might pose a threat to the development of the Internet.

Liu Ching-yi (劉靜怡), assistant professor of law at the National Central University, noted that technology advances by leaps and bounds and that following music-swapping software such as Napster's is leading to such things as Gnutella -- a new Internet protocol for transferring files.

"While they are seeking to apply the existing copyright regulations to developing technologies, they should also think a step ahead about what will come next and think carefully whether their decisions today will hinder possible development of the Internet," she concluded.

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