P2P/en

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P2P

What is P2P ?

They are platforms for exchanging files between thousands of users on the Internet, it is a computer network organized in nodes acting as both clients and servers over other network nodes.

How does P2P work?

Each time the user accesses the network, shares a file folder with other internet users simultaneously connected to a virtual platform which can simultaneously access shared files from other Internet users.

Legal or Illegal

Many times people use these networks to exchange files with copyright(books, magazines, movies, music, etc.). Sometimes they act like real distribution networks and cause serious damage to the cultural industry. The Spanish LPI states that both reproduction and distribution of a work on the Internet requires the consent of the rights holder. Therefore, this exchange is considered unlawful, both from the point of view of the user who shares your files with protected content(acts of reproduction and distribution) as of the one who download copies (act of reproduction).

P2P Can be a crime?

The Penal Code provides that two conditions are necessary to be an offence against intellectual property: prejudice to third parties for profit. For these networks, the prejudice to third parties is clear: works are exchanged freely without the permission of the author, leading to economic harm. In 2006, the Attorney General's Office issued a circular in which it analysed from a legal point of view the problem of P2P networks. This resolution stated that there is no profit in P2P and service providers have no responsibility, they act only as intermediaries.

Can illegal file sharing be pursued?

They are acts carried out in virtual platforms with millions of connected users, with the addition that files are not hosted on the website server, they are scattered in private computers interconnected by the P2P program. Now, there is no unanimity in the judicial decisions on this issue. Some judges of other countries have condemned certain servers for being considered contributors to the infringement of the intellectual property rights, while others have been acquitted by limiting the distribution function of a program, and users are the ones who decide what to do with the program.