Copyright Act Violation Assistance Case | Unauthorized Distribution via Torrent, Non-Referral on the Copyright Act Violation

The client came under suspicion of violation of the Copyright Act on the ground that he had downloaded a film using a torrent program, a P2P-based file-sharing program.

A torrent program is structured so that, at the same time a file is downloaded, parts of that file are automatically transmitted and distributed to other users.

In other words, even if the user does not intend it, an 'upload' is immediately combined with the act of downloading, and this can lead to copyright infringement such as 'distribution' or 'public transmission'.

The problem is that, even where a person downloads for personal use without being aware of this structure, as in the client's case, a criminal complaint may be filed solely on the ground that an 'act of distribution' has, as a result, occurred.

On this basis, the complainant alleged an 'infringement of rights by reproduction and distribution' under Article 136 of the Copyright Act.

Accordingly, the following matters could be regarded as the central issues of the case.

Ultimately, the technical structure of the torrent program, the client's subjective awareness, and the intent behind the conduct became the essential issues in this case.

If the client's conduct were found to be a violation of the Copyright Act, he faced the following punishment.

The copyright attorney prepared the questions anticipated from the investigative authorities and reasonable answer scenarios in response and provided them to the client.

In particular, with respect to the automatic upload structure of the torrent program, the attorney prepared the client in advance to consistently explain that he had not been aware of it.

The copyright attorney personally accompanied the client to the police investigation and carefully ensured that the client's statements were not distorted or recorded unfavorably.

In particular, during the investigation, the client repeatedly explained that he had been entirely unaware of the 'distribution and upload' functions through the torrent program and had recognized it only as a free movie-download site.

During the investigation, the client strongly denied any intent behind the conduct through the following statements.

These statements served as important grounds for establishing the absence of intent and the client's lack of awareness of any illegality, and the copyright attorney provided assistance to ensure that they were faithfully reflected in the protocol of examination.

Because of the structure of torrent programs, a charge of 'distribution' may be applied based solely on the fact of a simple download.

Cases of violation of the Copyright Act using torrent programs are steadily increasing, and there are also many instances in which criminal complaints are misused for the purpose of obtaining a settlement payment.

Accordingly, where a person does not properly understand a technical structure such as that of a torrent program, there is a risk of being treated as a criminal despite the absence of intent.

In such situations, it is very important to accurately grasp the intent behind the investigative authorities' questions and to maintain consistent statements.

Through its dedicated consultation attorney system, Daeryun Law Firm quickly grasps the matter and the issues, and through the assignment of a dedicated attorney, it provides assistance to protect the client's rights, ranging from guidance on anticipated questions and model answer scenarios to accompaniment at police investigations and the organization of legal issues.

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