Title: Online piracy and the copyright challenge in Hong Kong

Authors: Rebecca Ong

Addresses: School of Law, City University of Hong Kong, Tat Chee Avenue, Kowloon, Hong Kong, PR China

Abstract: Digital technology and the internet are changing the way the society use and enjoy products, media and entertainment. In recent times, we have seen how this evolution has exacerbated the tension between copyright holders and consumers. The aim of this paper is twofold. Firstly, the paper sets out to analyse the recent criminal conviction of a file sharer for copyright infringement and consider its effect on copyright liability in Hong Kong. Secondly, the paper examines and evaluates the provision for Internet Service Providers (ISPs) immunity under the Copyright Ordinance and concludes with a discussion that a review of the Ordinance is required for a more detailed safe harbour regime for ISPs in Hong Kong.

Keywords: authorisation; criminal convictions; distribution; file sharing; Hong Kong Copyright Ordinance; ISP liability; Norwich Pharmacal relief; peer-to-peer; P2P; Personal Data (Privacy) Protection Ordinance; PDPO; online piracy; copyright infringement; copyright liability; internet service providers.

DOI: 10.1504/IJIIM.2009.025547

International Journal of Intercultural Information Management, 2009 Vol.1 No.2, pp.191 - 202

Published online: 22 May 2009 *

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