Legal aspects of file sharing

File sharing is the practice of distributing or providing access to digital media, such as computer programs, multimedia (audio, images and video), documents or electronic books. It involves various legal aspects as it is often used to exchange intellectual property that is subject to copyright law or licensing.

File hosting services may be used as a means to distribute or share files without consent of the copyright owner. In such cases one individual uploads a file to a file hosting service, which others may download. Legal history is documented in case law.

For example in the case of Swiss-German file hosting service RapidShare, in 2010 the US government's congressional international anti-piracy caucus declared the site a "notorious illegal site", claiming that the site was "overwhelmingly used for the global exchange of illegal movies, music and other copyrighted works". But in the legal case Atari Europe S.A.S.U. v. Rapidshare AG in Germany (Legal case: OLG Düsseldorf, Judgement of 22 March 2010, Az I-20 U 166/09 dated 22 March 2010) the Düsseldorf higher regional court examined claims related to alleged infringing activity and reached the conclusion on appeal that "most people utilize RapidShare for legal use cases" and that to assume otherwise was equivalent to inviting "a general suspicion against shared hosting services and their users which is not justified". The court also observed that the site removes copyrighted material when asked, does not provide search facilities for illegal material, noted previous cases siding with RapidShare, and after analysis the court concluded that the plaintiff's proposals for more strictly preventing sharing of copyrighted material – submitted as examples of anti-file sharing measures RapidShare might have adopted – were found to be "unreasonable or pointless".

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Wikipedia