File sharing is passing on files between users of the Internets. While under it in the broader sense also a Download can be meant by a server, one understands by it usually a passing on of files over a Peer ton Peer network. In order to be able to access such networks, one needs a special software.

Internet-based file exchange stock exchanges (Peer ton Peer networks)

Exchange stock exchange computer networks are an application of the Internets as general communications network. With them it is possible to offer and download files over Internet for copying, comparably for the file release function within a local network. The designation copying stock exchange would be actually more correct instead of very strongly the term coined/shaped by the media, because the data are further-copied over nets, without the original changes the owner. For this reason also exploitation corporations for rights to use are against this form of the passing on. Legally information and data can be passed on, if these were published in a free license or a passing on are expressly desired (e.g. with Freeware, public domain) or if for the appropriate work the periods of protection ran off.

Offerer here is the exchange stock exchange user, which has as a consequence the fact that files are not stored on a central server but is decentralized distributed on the users. Most exchange stock exchanges work in as much with the Client server principle as an index server can locate the individual files and their offerers exactly, whereby looking for and copying files become only possible at all. Certain exchange stock exchanges try however with the help of certain techniques, e.g. the renouncement of such servers ensure anonymous file sharing so that the offerer of a file cannot be determined.

Most exchange stock exchanges do not possess any contents and/or copyright controls, so that additionally also in copyright matters protected contents (e.g. Music, films, books, applications) freely by royalties to be exchanged.

Driven file sharing

Since in file sharing networks enormous amounts at data are offered and copied, one is as users of such networks much by viruses, Trojaner and other harming programs endangers. These harming programs are hidden every now and then by other users purposefully in the most diverse files, in order to arrange after successful downloading damage on strange computers. On the other hand anti-virus programs and on-line tests help only conditionally, one should instead executable files from not trustworthy sources to avoid.

Users of these networks, which exchange and/or copy illegaly in copyright matters protected works, run besides danger by the prosecution authorities to be determined. The fact that the danger to be discovered for the moment in view of which increasingly high number of exchange stock exchange users very small is, does not change anything in the fact that it can come in the mentioned case for the particular to extremely unpleasant consequences. So far it always come down to agreements out of court (fine).

Different kinds of exchange stock exchanges

Began exchange stock exchanges in the sense of computer-assisted spreading of information and creative works with central organized networks (for example Napster).

For quite some time there are however Peer ton Peer networks those without central server functions. Here in principle each participant is Client and servers (user and offerer) at the same time. Thus a complete decentralization of the network is reached, what complicates clarifying the legal responsibility for illegal data traffic. Examples of this technology are among other things: Kademlia (Azureus, eMule), Gnutella (FrostWire) and nearly TRACK (Kazaa Lite K++).

Napster was the first popular exchange stock exchange. Millions of users exchanged music, until in the year 2000 some music volume complaint against Napster submitted and the exchange stock exchange thereupon one dissolved. Attempts to convert Napster into a liable to pay the costs exchange stock exchange failed long time, since only few disk companies were ready, their music to lizenzieren - meanwhile Napster changed itself however to a liable to pay the costs music down load offerer, who offers its customer for a flat rate the legal Download of music files. After Napster followed still for some time Audiogalaxy (beside the OpenNap nets) which in June 2002 of the music industry sued and thereupon one closed. The today's follow-up networks such as BitTorrent, eDonkey, Gnutella and nearly TRACKs exhibit meanwhile however clearly more user, than Napster had at that time.

Beyond that there are also networks those does not only try decentralized to work and thus of controlling institutions be to a large extent independent, but also anonymity of their participants and control of the authenticity of offered contents try to offer (e.g. ANts_P2P, GNUnet and freenet).

In the year 2004 the portion of Filesharing Clients of the data communication volume of the entire Internets amounted to 24 per cent (according to a study, which was based on samples of 27 internationally active Carriern).

Legal arguments around exchange stock exchanges

In the Netherlands the software for the disputed exchange stock exchange KaZaA was explained in December 2003 for legal (and/or the offerer of the KaZaA software can be made responsible according to this judgement not for the copyright infringements of the software users). The Hoge Raad, the highest Court of Justice of the country, rejected it, a complaint of the Netherlands exploitation corporation for word and clay/tone, Buma/Stemra, to negotiate against the two KaZaA founders again. That means however only that in the Netherlands the software is actually not illegal and may not their author be made liable for things, which are made possible with its software not that any use of the software is legal.

Since April 2003 one began to complain both in the USA and in Europe on the part of the RIAA and IFPI against the offerers of music in exchange stock exchanges. Besides licensed Downloadplattformen was offered, in order to in this way offer to the users as competition for the exchange stock exchanges completely legal alternatives. Disadvantage with these platforms are however the restrictions by in laws the DRM.

In June 2004 in Germany an offerer of in copyright matters protected music in exchange stock exchanges was condemned to a fine of 8.000 "€. To give change for this purpose the Internet service Provider of the offerer forced the customer data - after to 19 August 2003 into force stepped "„1. Participants make themselves basket "“of the German copyright law punishable, if they make protected contents available in the Internet other one in the Upload. In a further judgement it was confirmed that the Provider can be forced only then to publish customer data if with the public prosecutor's office charge were placed. Downloading of protected contents is however punishable only if the downloading originates from obviously illegal source. This obviousness is rarely given.

In the late summer the business model of the Logistep AG attention, which automated a looking for for offerers of legally protected works over a software and this the right owners as service offers, excited 2005. The AccessProvider is not obligated and justified however to give to third data over its customers so the OLGe Hamburg and Frankfurt. The planned novella of copyright is to bring however a change here. Then owners could require information of copyrights directly of the Providern. It is still disputed thereby whether this happens only after judicial resolution and unclearly, to what extent the amended law will regulate this. If the AccessProvider gives to information however, without having it, they make for their part punishable because of secret betrayal (see data security), because the information mean themselves an interference into the sphere of the user. It is thus high time and in the interest of of Providern and suspected that it is decided judicially or legally whether a judicial arrangement (as for instance during a house search) is necessary or not. In discussion, whether to the pursuit of the copyright violators by the state and by the hurt ones, a resort to the planned suspicion-independently stored externally stored datas (externally stored data storage) is is possible also. Still (!) this is not planned due to the appropriation of the externally stored datas for pursuit of only heavy criminal offences. But Begehrlichkeiten these "„data treasure "“to access, become naturally already loud.

The police determines in co-operation with the public prosecutor's office meanwhile Filesharer, with partly substantial legal consequences.

From the science and from computer and there is the suggestion to legalisieren exchanging from films and music to and compensate author inside over a Kulturflatrate.

Also in France, which Switzerland and Austria take place as in Germany at present active debates around planned copyright novellas, which turn in particular around the accomplishment "„of the file sharing problem "“.

Concerned ones (both sides) should make certain, if they look for legal advice, with this subject special for the general lawyer that they turn out to specialized lawyers. The range of copyright is called greener range, members of DGRI, TO and GRUR about should be here firm. The range is ranked apart from copyright also among the far term of the IT-right.

See also: German copyright with its restrictions and the injury sequences

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