Introduction

Peer to peer file sharing was previously achieved through websites but in recent times there is now software and tools that provide people with a new method of carrying out illegal file sharing.

Since there has recently been a new law passed into New Zealand to help stop peer to peer file sharing I will talk about the positive and negative aspects that this and other similar laws can have and whether they are beneficial. 

For instance this new law can prevent illegal downloading and benefit the media industry but there are also negative aspects such as the penalties and consequences and the risks it can impose to users.

Background

With computers being widely available to everyone and with high speed connections this evolution can have a significant impact on the media industry. 

Compressed digital formats were created so that the storage and distribution of files would be easier and inexpensive since computers required a new and more suitable way to store files. 

As computers are able to connect between each other they can make use of special software acquired from the internet to illegally file share copyrighted digital files and has cause losses in sales worldwide to film studios and music companies.

Prevents Illegal Downloading

An important positive aspect of the new law is that because of the penalties people will be deterred from infringing copyrighted files. The previous laws that were active in New Zealand were actually not achieving their purpose of stopping people from illegally sharing digital files through the use of peer to peer file sharing software on the internet. 

 However, currently the new law that has been passed and it states that it “provides rights owners with a special regime for taking enforcement action against people who infringe copyright through file sharing”. The new law came into effect on the 1st September 2011 repeals and amends the Copyright Act 1994 detailing proper punishment for disobeying the law and allowing copyrights owners to take action against New Zealand residents that are sharing and downloading digital content without their permission. 

This new law is an improvement and is expected to reduce the amount of illegal file sharing of digital files in New Zealand but while also respecting the privacy of internet account holders. It has the potential to be an effective way to discourage individuals from infringing files through file sharing software.

Benefits the Media Industry

In this day and age the sharing and downloading of copyrighted digital files is thought to be absolutely harmless but what people don't realize is that this actually has a negative impact on the media industry and a wide range of people majorly. 

Goel stated that the survival of the media industry is at stake because they claim that billions of dollars are lost in sales due to people downloading instead (2010).

Since people can now download files over the internet through file sharing this has currently caused less people to go into stores and buy physical copies of music or videos. With the new law the media industry can take action and have more control against copyright infringers by notifying the proper internet service providers each time someone downloads a copyrighted file illegally. 

This new process of notification and take-down will most likely deter more people from file sharing copyrighted files and more legitimate purchases will be made as a result of less people carrying out peer to peer file sharing.

Penalties

The amendment of the Copyright Act 1994 (Copyright Infringing File Sharing Amendment Act 2011) implements a new course of action which gives rights owners the ability to take action against people illegally downloading their files known as the three strikes law. 

If the copyright owner finds there has been infringement of their content (file-sharing such as films, videos or music) they can then notify the internet service provider. 

A detection notice will then be sent to the account holder, or the alleged infringer. If no further infringement is detected after nine months the notice will expire. 

However, if same person is caught infringing material for a second time at least 28 days after the first notice is issued and before it expires, the internet service provider will then be able to provide the person with a warning notice. 

If they continue to breach the law for a third time at least 28 days after a warning notice is issued and before it expires after 35 days, they are then able to be issued with an enforcement notice. 

After the third strike, a copyright owner is then able to contact the Copyright Tribunal and impose a maximum fine of $15,000. Otherwise, they can acquire an order of suspension of up to six months on the offending internet account from the District Court.

Closed Down Websites

In the past, there was a file sharing network/website which was named Napster. Through this website people were able to easily share compressed files of music, videos and movies between computers without permission from copyright owners. 

The copyright owners quickly realized how this service could impact the media industry and sued them under copyright infringement grounds. However, many different ways were being produced a number of years later. These services took on a distributed model in the hope that they would not suffer the same fate as Napster. 

The media industry again swiftly reacted and tried to sue the two most recognized services but failed to prove to the federal appellate court in California that these service should be held accountable for the people would use the service for. 

Websites like wikipedia, facebook and youtube would not exist today if laws such as SOPA and PIPA had been set up in the past because these websites share information and files that are and could be possible copyrighted.



This shows that some extreme action can be taken in regards to peer to peer file sharing laws being introduced and can affect the whole community.

Conclusion

Due to the new laws there would be a decrease in people that are infringing copyrighted digital files as there are some serious consequences such as the fine of up to $15,000 and people who receive a notice or two would be aware that they could get their internet suspended and most likely stop. 

Although, there is a slight chance that someone like a parent could be unaware that their computer is illegally downloading copyrighted files through software running in the background. 

In conclusion the positive aspects outweigh the negative aspects and therefore beneficial because with there being less people downloading illegally due to the new laws these people will be purchasing the music and videos legitimately which will boost the media industry.

 I recommend that people should not download files illegally through peer to peer file sharing and use websites such as itunes and amazon to make purchases because then you will support the music and film industry.