Lawyers of the Taiwan Bar Association (中華民國律師公會聯合會) said yesterday they were willing to provide legal assistance to the 14 students of Chengkung University who are facing threats of lawsuits as a result of downloading MP3 music files.
Ju Sheng-chyurn (
Acting on a letter of complaint, Tainan prosecutors carried out a search of student dorms at the university in Tainan on April 11, during which they confiscated 14 computers.
PHOTO: HUNG JUI-CHIN, TAIPEI TIMES
Chu said the bar members felt the urge to offer assistance after watching students across the country intensify their protests against the search.
To resolve the incident rationally, Chu said, legal problems surrounding the controversial search and Internet technology must be first be clarified.
The search last week has prompted debate as to whether it is a copyright violation to download MP3 music from Web sites without authorization from the copyright owners. While some maintain that any unauthorized download is illegal, some hold that the students' acts could be exempted on the ground of "fair use."
The Copyright Law prohibits unauthorized "reproduction" of literary works, sound recordings, photographs and computer programs. In theory, one could be held liable under the law for simply downloading or printing material from the Web without authorization. However, the law allows exemptions under the circumstances of "fair use," which include the use of copyrighted materials for educational purposes, in the judicial process, or for personal non-profit use.
In analyzing the Chengkung University case, Hsiao Hsiung-lin (
However, John Wu (
Under the Copyright Law, application of the "fair use" doctrine is subject to considerations over the purposes for which the copyrighted materials are duplicated, as well as evaluations on how much of the copyrighted work is used in reproductions.
Most importantly, it is subject to an evaluation on the extent to which the reproductions have affected potential market and current values of the copyrighted work.
Wu said the students should still be wary of the legal consequences of their acts because "free MP3 downloads" pose a great threat to the survival of the music industry.
Moreover, with rapid developments in Internet technology, concerns have been raised worldwide that intellectual property rights will contradict the promise of the Internet as an open and free information-sharing system.
Both Hsiao and Wu have said that the law must be adapted to reflect technological developments. However, both believe it is wrong to expect established intellectual property protection systems to collapse as a result of the rapid expansion of the Internet.
"And this message is especially important to the younger generation, who often think the whole world will change with the coming of the Internet age," Wu said.
TYPHOON: The storm’s path indicates a high possibility of Krathon making landfall in Pingtung County, depending on when the storm turns north, the CWA said Typhoon Krathon is strengthening and is more likely to make landfall in Taiwan, the Central Weather Administration (CWA) said in a forecast released yesterday afternoon. As of 2pm yesterday, the CWA’s updated sea warning for Krathon showed that the storm was about 430km southeast of Oluanpi (鵝鑾鼻), Taiwan’s southernmost point. It was moving in west-northwest at 9kph, with maximum sustained winds of 119kph and gusts of up to 155kph, CWA data showed. Krathon is expected to move further west before turning north tomorrow, CWA forecaster Wu Wan-hua (伍婉華) said. The CWA’s latest forecast and other countries’ projections of the storm’s path indicate a higher
SLOW-MOVING STORM: The typhoon has started moving north, but at a very slow pace, adding uncertainty to the extent of its impact on the nation Work and classes have been canceled across the nation today because of Typhoon Krathon, with residents in the south advised to brace for winds that could reach force 17 on the Beaufort scale as the Central Weather Administration (CWA) forecast that the storm would make landfall there. Force 17 wind with speeds of 56.1 to 61.2 meters per second, the highest number on the Beaufort scale, rarely occur and could cause serious damage. Krathon could be the second typhoon to land in southwestern Taiwan, following typhoon Elsie in 1996, CWA records showed. As of 8pm yesterday, the typhoon’s center was 180km
TYPHOON DAY: Taitung, Pingtung, Tainan, Chiayi, Hualien and Kaohsiung canceled work and classes today. The storm is to start moving north this afternoon The outer rim of Typhoon Krathon made landfall in Taitung County and the Hengchun Peninsula (恆春半島) at about noon yesterday, the Central Weather Administration (CWA) said, adding that the eye of the storm was expected to hit land tomorrow. The CWA at 2:30pm yesterday issued a land alert for Krathon after issuing a sea alert on Sunday. It also expanded the scope of the sea alert to include waters north of Taiwan Strait, in addition to its south, from the Bashi Channel to the Pratas Islands (Dongsha Islands, 東沙群島). As of 6pm yesterday, the typhoon’s center was 160km south of
STILL DANGEROUS: The typhoon was expected to weaken, but it would still maintain its structure, with high winds and heavy rain, the weather agency said One person had died amid heavy winds and rain brought by Typhoon Krathon, while 70 were injured and two people were unaccounted for, the Central Emergency Operation Center said yesterday, while work and classes have been canceled nationwide today for the second day. The Hualien County Fire Department said that a man in his 70s had fallen to his death at about 11am on Tuesday while trimming a tree at his home in Shoufeng Township (壽豐). Meanwhile, the Yunlin County Fire Department received a report of a person falling into the sea at about 1pm on Tuesday, but had to suspend search-and-rescue
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