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The first person on trial for illegally pirating movies onto
the internet using BitTorrent technology was jailed for three months after
losing his appeal Friday.
Chan Nai-ming, 39, was found guilty of distributing three Hollywood films using the peer-to-peer file-sharing
program in 2005. Chan served 24 days of his three-month sentence before he was
freed pending appeal. However, five appeal court judges unanimously dismissed
his appeal. The three movies Chan was convicted of pirating were Dare-Devil, Miss Congeniality and
Red Planet.
The court ruled that Chan had broken copyright laws by
distributing movies on the internet, using a Bittorrent client. Chan had argued
that he had just put the movies onto the internet, and the distribution was
done by the people who downloaded them.
"He plainly succeeded in distributing copies of the
films in question," the five-member Court of Final Appeal said in its
judgment. "The appeal must accordingly be dismissed."
The ruling will generate a strong deterrent effect on Internet
piracy activities," said Tam Yiu-keung, assistant customs and excise
commissioner.
The Hong Kong government
welcomed the judgment, saying it clarified the law regarding internet piracy.
"This judgment has confirmed that it commits a crime and violates
copyright laws for the act of using BT software to upload and distribute,"
said Tam in a written statement.
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