Sharing videos using the Torrent network
22.03.2017 r.
The discussion on the legality of sharing videos using the Torrent network used to share files on the Internet does not stop. Recently, it resurged again due to sharing one of the Polish comedies over the Torrent. The issue was discussed by Dziennik Gazeta Prawna in its article of January 4, 2017 titled "Sharing of "Wkręceni" through Torrrent is not a criminal offence?".
As Sławomir Wikariak wrote, in this case last year, computers of persons who distributed the movie were seized one by one. According to some, such measures should not be used in this case as the seizure of the entire computer causes to its owner the loss of all data collected on the computer, while it seems sufficient only to copy the contents of the disks. It results from the statements of the Ministry of Justice that the seizure of the computers by the prosecutor's office was requested by the Court as a result of overruling the decision on refusal to initiate investigation resulting from a complaint filed by the movie distributor. Interestingly, the decision on refusal to initiate investigation due to lack of features of a criminal offence was approved with the State's Public Prosecutor's Office, and moreover, based on it, guidelines to prosecutors' offices Poland-wide are being prepared, as they may face similar cases.
Attorney Janusz Piotr Kolczyński, from our Law Office, was asked to comment on this case. In his opinion, changes in the law are needed, and German and US legislations being a good example.
- "minor infringements of copyrights are virtually not prosecuted in Germany, and in 2013, limits of attorney costs (up to EUR 124) and damage (up to EUR 1,000) were introduced in the so-called trivial cases, including copyright infringement cases. Also the United States implemented a separate procedure and a separate court for minor copyright infringements. The model proposed in Germany and the U.S., i.e trivial cases, is more reasonable that the model of bringing to justice (including in penal prosecution) of anybody."
