Hong Kong man loses appeal in internet piracy case

Chan Nai-ming, a 38-year old Hong Kong man convicted of sharing pirated movies, has lost his final appeal in the territory's highest court and will now have to finish serving a three-month prison sentence. He used the screen name "Big Crook" and is believed to be the first person to receive jail time for distributing movie files using BitTorrent. Chan was originally charged in April 2005 for copyright infringement after uploading and distributing three Hollywood movies — Daredevil, Red Planet and Miss Congeniality. He was sentenced in November 2005 and had served several weeks in prison before filing a series of appeals.

Chan's lawyer argued before the Court of Final Appeal that he only uploaded the movies and did not distribute them, but the court dismissed the distinction: "He plainly succeeded in distributing copies of the films in question. The appeal must accordingly be dismissed." The Hong Kong government said Chan's conviction was a milestone in the fight against illegal online sharing of intellectual property and that since his arrest illegal file-sharing had fallen by 80%.

News source: CBC News

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Yeah I'm sure he uploaded it for safe-keeping, not for distribution

3 months is nothing. Obviously he wanted to go to prison - why else would he knowingly violate a law where jail time is a known consequence?

Hopefully this sends out the message that consequences should (and will) be paid for stealing and illegally making media available for download.

No one lost money by him sharing movies. Now if it could be determined if those people that downloaded it would have bought that movie if they had no means to download it...then yes, profits were lost.

Let's go with this logic!

Everyone should share movies. Then, no one ever has to want to buy them, so no one does. Then Hollywood can't afford to make movies anymore so soon there won't be anything left to steal.

As the courts have proven, crimes like this have no justification.

SHAME ON THE GOVERNEMENT
A man who used video camera to record female's underware does not need to serve the time but software piracy needs!

that rediculous! ... he was shareing 3 movies and got 3months in jail? ... dont make sence to me cause theres lots and lots and lots of people doing exact same stuff.

i dont really see a big problem with it as long as he was not selling the movies for profit.

By sharing the movies someone has lost money and profits.

If someone came around to your house and took your computer and gave it to someone, then 'thats all right', as he was not selling the item for profit.

leesmithg said,
By sharing the movies someone has lost money and profits.

If someone came around to your house and took your computer and gave it to someone, then 'thats all right', as he was not selling the item for profit.

If he made a copy of my computer and gave the original back I wouldn't really mind... :P

leesmithg said,
By sharing the movies someone has lost money and profits.

If someone came around to your house and took your computer and gave it to someone, then 'thats all right', as he was not selling the item for profit.

From what I have read, he never broke into a studio and stole the original. So your analogy fails there...