Legal issues for peer to peer file sharing

Sharing files which are in the public domain with other people is not illegal. 

The difficulty of course comes when people share copyrighted material.  The basic position is that if this is without the permission of the copyright owner then it is a breach of the law.

So was Napster breaking the law?  Well yes it was, basically because it listed all the files on the peer to peer network on a central database and therefore it was decided that it was distributing copyrighted material.  As it was a central databse it was easy to target and close down.  Now however peer to peer file sharing is happening without a central databse and this distributed network is basically impossible to shut down.

So is no-one sharing copyrighted material any more?  Errrmmm...probably they are.  It is just that the sites providing the membership are no longer illegal because they do not have a central database of files - instead each computer in the network requests files from another computer, which in turn asks another computer and so on until they find what they are looking for and can then download it.  So it is the individual that needs to be careful about what they are sharing with the outside world.

So what is there that is legal to share?  Plenty!  Public domain files could be put there by companies trying to promote the latest album (which they hope you will then buy), by artists seeking more exposure or a straightforward transaction where you pay to download it.

There are now some 100% legal sites backed by the major studios for you to download movies. 

Most sites provide tutorials on how to use their peer to peer software and outline the legal issues.  If you are concerned or have any doubts, you should of course do some research for yourself.