Identifier
Created
Classification
Origin
07HONGKONG1363
2007-05-22 02:41:00
UNCLASSIFIED
Consulate Hong Kong
Cable title:
HONG KONG COUT OF FINAL APPEAL UPHOLDS BITTORENT
how-toVZCZCXRO2156 PP RUEHCN RUEHGH RUEHVC DE RUEHHK #1363 1420241 ZNR UUUUU ZZH P 220241Z MAY 07 FM AMCONSUL HONG KONG TO RUCPDOC/USDOC WASHDC PRIORITY RUEHC/SECSTATE WASHDC PRIORITY 1679 INFO RUEHOO/CHINA POSTS COLLECTIE PRIORITY RHEHNSC/NSC WASHDC PRIORITY
UNCLAS HONG KONG 001363
SIPDIS
SIPDIS
STATE FOR EB/TPP/TA/IPC/FELSING
STATE FOR EB/IPE
STATE FOR EAP/M
STATE FOR INR/EAP
NSC FOR KTONG
DEPT PASS USTR FOR SMCCOY, ACELICO, BAE
DEPT PASS TO USPTO FOR TBROWNING
E.O. 1298: N/A
TAGS: CH ECON ETRD HK KIPR TW
SUBJECT: HONG KONG COUT OF FINAL APPEAL UPHOLDS BITTORENT
CONVICTION
UNCLAS HONG KONG 001363
SIPDIS
SIPDIS
STATE FOR EB/TPP/TA/IPC/FELSING
STATE FOR EB/IPE
STATE FOR EAP/M
STATE FOR INR/EAP
NSC FOR KTONG
DEPT PASS USTR FOR SMCCOY, ACELICO, BAE
DEPT PASS TO USPTO FOR TBROWNING
E.O. 1298: N/A
TAGS: CH ECON ETRD HK KIPR TW
SUBJECT: HONG KONG COUT OF FINAL APPEAL UPHOLDS BITTORENT
CONVICTION
1. (U) Hong Kong's Court of Fial Appeal upheld the 2005
conviction and jail senence of Chan Nai-ming, the first
person convicte worldwide for using the BitTorrent
peer-to-peer (P2P) file sharing system to distribute illegal
copies of films on the internet. On May 18, the five-member
court rejected the defense's argument that uploading films
was a "passive" action that did not constitute "distribution"
of infringing copies. The judges also rejected Chan's claim
that the distribution of infringing copies should be limited
to "physical," not "electronic" distribution. The judges
held that electronic copies have protection under law without
regard to the medium upon which they are stored. Having
exhausted all avenues of appeal, Chan immediately began
serving his three-month prison sentence, which was
significantly reduced as Chan is a first-time offender. The
maximum punishment is four years imprisonment and HK$50,000
(approx US$6,400).
2. (U) Stephen Selby of Hong Kong's Intellectual Property
Department informed the Consulate on May 18 of court's
decision and reiterated the HKG's efforts to clamp down on
internet piracy. Assistant Commissioner of Customs and
Excise Department (CED) Tam Yiu-keung reiterated publicly
that the court's decision is a strong deterrent against
internet piracy and that CED would continue its 24-hour
monitoring of infringing activity on the internet. Margaret
Fu of the Motion Picture Association (MPA) supported the
decision, noting that the Court of Final Appeal sent a clear
message that Hong Kong law enforcement authorities and
prosecutors take intellectual property protection seriously.
She explained that internet piracy alone costs the industry
$US 7.1 billion in losses, approximately 40% of total piracy
losses. MPA noticed a sharp decline in infringing P2P
activity in Hong Kong both after Chan's arrest and subsequent
conviction. MPA hopes that the Court's decision will once
again serve as a deterrent to infringing P2P activity. MPA
stated publicly that it will expand educational outreach to
inform Hong Kong residents of copyright laws and the ruling
of the Court of Final Appeal.
Cunningham
SIPDIS
SIPDIS
STATE FOR EB/TPP/TA/IPC/FELSING
STATE FOR EB/IPE
STATE FOR EAP/M
STATE FOR INR/EAP
NSC FOR KTONG
DEPT PASS USTR FOR SMCCOY, ACELICO, BAE
DEPT PASS TO USPTO FOR TBROWNING
E.O. 1298: N/A
TAGS: CH ECON ETRD HK KIPR TW
SUBJECT: HONG KONG COUT OF FINAL APPEAL UPHOLDS BITTORENT
CONVICTION
1. (U) Hong Kong's Court of Fial Appeal upheld the 2005
conviction and jail senence of Chan Nai-ming, the first
person convicte worldwide for using the BitTorrent
peer-to-peer (P2P) file sharing system to distribute illegal
copies of films on the internet. On May 18, the five-member
court rejected the defense's argument that uploading films
was a "passive" action that did not constitute "distribution"
of infringing copies. The judges also rejected Chan's claim
that the distribution of infringing copies should be limited
to "physical," not "electronic" distribution. The judges
held that electronic copies have protection under law without
regard to the medium upon which they are stored. Having
exhausted all avenues of appeal, Chan immediately began
serving his three-month prison sentence, which was
significantly reduced as Chan is a first-time offender. The
maximum punishment is four years imprisonment and HK$50,000
(approx US$6,400).
2. (U) Stephen Selby of Hong Kong's Intellectual Property
Department informed the Consulate on May 18 of court's
decision and reiterated the HKG's efforts to clamp down on
internet piracy. Assistant Commissioner of Customs and
Excise Department (CED) Tam Yiu-keung reiterated publicly
that the court's decision is a strong deterrent against
internet piracy and that CED would continue its 24-hour
monitoring of infringing activity on the internet. Margaret
Fu of the Motion Picture Association (MPA) supported the
decision, noting that the Court of Final Appeal sent a clear
message that Hong Kong law enforcement authorities and
prosecutors take intellectual property protection seriously.
She explained that internet piracy alone costs the industry
$US 7.1 billion in losses, approximately 40% of total piracy
losses. MPA noticed a sharp decline in infringing P2P
activity in Hong Kong both after Chan's arrest and subsequent
conviction. MPA hopes that the Court's decision will once
again serve as a deterrent to infringing P2P activity. MPA
stated publicly that it will expand educational outreach to
inform Hong Kong residents of copyright laws and the ruling
of the Court of Final Appeal.
Cunningham