ABSTRACT
Although illegal online file sharing (IOF) is based on modern technology, much of the debate about enforcement of intellectual property (IP) rights and even file sharing technology revolves around applicable IP statutes in each country and cross-country collaboration by law enforcement agencies, industry trade groups, and private companies that want to enforce IP laws. Presently, there are no unified sets of laws, clear standards of behavior, standards of evidence, or efficient laws that function with respect to the sociological patterns of IOF. IOF and inadequate content control remain major problems with significant economic, technological, and policy ramifications. These problems have not been fully addressed by existing laws and evidentiary standards. In the United States, the controlling U.S. Supreme Court decision did not provide required guidance in various aspects (discovery, evidentiary standards, intent, and conduct), and it potentially creates liability for parties not mentioned or analyzed in the case (such as Internet service providers [ISPs]) and places substantial technological burdens on some companies that seek to distribute content. The recent court rulings in various countries have made some (but not adequate) progress in terms of standards for conduct and intent.
