Newsletter
FIRST READING FOR COPY-RIGHT ACT AMENDMENTS ON P2P DOWNLOAD SERVICES
In view of the growth in network platforms pro-viding peer-to-peer (computer-to-computer) download services to Internet users, the issue of whether platform providers should obtain li-censes for copyright works that they make available for download has enormous implica-tions for copyright holders' interests. Moreover, in recent judgments Taiwan courts have held different opinions as to whether Internet-related enterprises that supply computer programs or other technology to enable Internet downloading would infringe copyrights. A legislators' bill to amend the relevant portions of the Copyright Act, which is supported by the IPO, passed its first reading in the Legislative Yuan on 24 April 2006. The main points of the proposed amendments are as follows:
A person providing a platform, or software or other technology, for Internet downloading that is held to have infringed copyright and to have profited by the infringement will be liable to up to two years' imprisonment or detention, a fine of up to NT$500,000, or both. If after being found guilty of infringement by a court an enterprise persists in providing infringing download ser-vices and in collecting fees, the IPO must set a deadline for compliance; if the enterprise fails to comply, the IPOmay order the enterprise to suspend or terminate its operations.
Intentionally enabling the public to publicly transmit or reproduce another's work via the Internet, without having obtained the consent or authorization of the owner of economic rights in the work, will be deemed to be infringement of such economic rights. Supplying to the public computer software or other technology for the public transmission or reproduction of works, and profiting from such supply, will constitute an act of infringement.
If a supplier employs advertising or other active means to instigate, entice, incite, or persuade members of the public to use such computer software or other technology to infringe the economic rights in a copyright work, this will be deemed to be evidence of intent to infringe.