File sharing occurs when folks who are hooked up to the Net use file-sharing programs to replicate files between each other. The moral issues come often from the concern that proponents of file sharing may infringe copyright laws. This could occur if the content of a file being shared is covered by such laws.
File sharing is not necessarily illegal, even if the works being shared are covered by copyright. For example, some artists may opt to support freeware, shareware, open-source, or anti-copyright, and advocate the use of file sharing as a free promotional tool. Just about all shareware, freeware, and open-source software might be shared as much as the end user wishes, depending on the End User Disclaimer for that precise program. Other non-software related intellectual property could be shared legally in any way the end user wants. Content in the public domain can also freely be shared.
The entire thing has been a sideshow to a sideshow to a main event that way back turned into a circus, but the participation of groups like the FSF shows quite how much attention the case is getting. With Professor Nesson set to debate in court that file-sharing is just fair use, the case has believed a significance way beyond that of most such court actions, and everybody wants a chance to be heard.
Nesson is cooking up a terribly engaging defense in a p-2-p robbery case. Instead of disagreeing that charged file-swapper Joel Tenenbaum did not do it, Nesson is contending that Nesson didn't do anything inaccurate because sharing files with your "friends" over the web isn't actually a crime, and is covered under well-established Fair Use laws. Additionally , according to Nesson, the upset party in a file-copying case isn't entitled to any damages anyway.
Nesson's strategy is incredibly bold -- should he achieve success in this novel defense, it will fundamentally, de-criminalize peer-to-peer file-sharing forever.
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