Authorizing Infringement and Secondary Infringement Essay

Authorizing Infringement and Secondary Infringement - Essay Example    File-sharing refers to exchanging copyrighted files through the internet with a financial inducement involved without getting permission from the copyright owner (â€Å"Protecting UK Music†). This was the same case with the University of New South Wales vs. Moorehouse where the university did not make it clear to students that copying any material without prior direct permission from the copyright owner is illegal and it provided a means and material for the infringement, a copier and paper (â€Å"European IP Bulletin, Issue 25, September-Hot Topics†). The providers of peer to peer networks then become liable for authorizing file sharing. For example Apple iTunes does not expressly warn purchasers that they cannot share music; it even encourages people to join its ‘PING† network where among others; people can see what music you ‘like’ and have downloaded and one can ‘burn’ audio playlists ‘up to seven times’(Apple) . Apple is not expressly prohibiting sharing of music; if one burns a playlist seven times who is liable if the person shares it? And can Apple be considered to be tolerant of sharing? Apple can be considered to countenance because it does not give conditions for making copies but says a playlist can be ‘burned up to seven times’, but for what purpose (Brendan).  In the CBS and others vs. Amstrad Consumer Electronics Plc and Other ruling in 1988, the judge ruled in favor of the defendant that it granted the ability for consumers to make copies of tapes onto blank equipment but did not give consumers the right to copy (â€Å"CBS Songs Ltd and Others vs. Amstrad Consumer Electronics Plc and Another†), so they were not liable for authorization, though their products were or could be used to infringe on copyrights; the ruling says the defendant was not guilty but he facilitated a means to infringe on copyright so, in reality, they should be liable for acts of comm ission and omission to the extent of authorizing duplication basically authorizing secondary infringement.