Effectiveness of Anti-Piracy Laws in Hong Kong as applied to Peer-to-Peer File Sharing of Copyrighted Material

DOI: 10.5176/2251-3809_LRPP13.07

Authors: Mr FUNG Wan Man Jason and Dr Avnita LAKHANI

Abstract:
This article analyses the potential copyright violations associated with peer-to-peer file sharing of copyrighted materials. The article reviews Hong Kong's recent case law and proposed reforms designed to address today’s fast evolving digital content environment. The article then discusses the deficiencies in Hong Kong’s current anti-piracy laws with respect to addressing peer-to-peer file sharing of copyright materials. In addition, the article provides a comparative analysis on the issue by analyzing the legislation, case law and practices in multiple jurisdictions, as well as international treaties such as the Anti-Counterfeiting Trade Agreement (ACTA). The article concludes with recommendations for improving the security of copyrighted materials in the digital environment.