Is it illegal to use file-sharing services such as WinMX or Kazaa?
There is nothing illegal about the file services themselves. What is illegal is the distribution of copyrighted software or other types of files. When it comes to music, it is generally only illegal to distribute music that was ripped from CDs. If the music was recorded live (bootlegged), those files are not copyrighted and are safe to exchange. Of course, the actual act of bootlegging live shows is illegal, but that’s a different topic… Distribution of software is usually illegal, especially if it comes with a serial number or a “crack” that allows you to use the software without paying for it.
As mentioned, it depends where you live in the world – for instance, in Canada recently (earlier in 2004) a judge ruled that file-sharing isn’t illegal, however in the U.S. the might of the record companies and movie industries can often persuade courts to follow cases to the prosecution stage (you have to remember, with the movie and music industries, it’s the monetary might that counts as well). Biased statistics over the “billions lost” to peer-to-peer filesharing help their cases, but there’s not much that joe normal can do about that… If you REALLY nit-pick, technically the act of filesharing is not illegal – it’s the legality of the content that can be used as a means to sue people. So basically, if you want to stay on the right side of copyright law, you either have to only share 100% legal content (or files that are approved for sharing by the people who created them), or not share anything at all. Of course, that’s in a perfect world.
