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Peer-to-peer (P2P) computing is a powerful technology that has many uses. P2P networks can be used to share and exchange music, movies, software, and other electronic materials. The use of P2P networks to upload, download, or share copyrighted material, such as movies, music, and software, can violate the rights of copyright owners.
In a study published in the Journal of Behavioural and Experimental Economics, and reported on in early May 2014, researchers from the University of Portsmouth in the UK discussed findings from examining the illegal downloading behavior of 6,000 Finnish people, aged seven to 84. The list of reasons for downloading given by the study respondents included money saving; the ability to access material not on general release, or before it was released; and assisting artists to avoid involvement with record companies and movie studios.
In the U.S., copyright infringement is sometimes confronted via lawsuits in civil court, against alleged infringers directly or against providers of services and software that support unauthorized copying. For example, major motion-picture corporation MGM Studios filed suit against P2P file-sharing services Grokster and Streamcast for their contributory role in copyright infringement. In 2005, the Supreme Court ruled in favor of MGM, holding that such services could be held liable for copyright infringement since they functioned and, indeed, willfully marketed themselves as venues for acquiring copyrighted movies. The MGM v. Grokster case did not overturn the earlier Sony v. Universal City Studios decision, but rather clouded the legal waters; future designers of software capable of being used for copyright infringement were warned.
The first criminal provision in U.S. copyright law was added in 1897, which established a misdemeanor penalty for "unlawful performances and representations of copyrighted dramatic and musical compositions" if the violation had been "willful and for profit". Criminal copyright infringement requires that the infringer acted "for the purpose of commercial advantage or private financial gain" (17 U.S.C. 506). To establish criminal liability, the prosecutor must first show the basic elements of copyright infringement: ownership of a valid copyright, and the violation of one or more of the copyright holder's exclusive rights. The government must then establish that defendant willfully infringed or, in other words, possessed the necessary mens rea. Misdemeanor infringement has a very low threshold in terms of number of copies and the value of the infringed works.
In an early May 2014 article in The Guardian, an annual loss figure of US$20.5 billion was cited for the movie industry. The article's basis is the results of a University of Portsmouth study that only involved Finnish participants, aged between seven and 84. The researchers, who worked with 6,000 participants, stated: "Movie pirates are also more likely to cut down their piracy if they feel they are harming the industry compared with people who illegally download music".
What is more likely to happen is that the people who provide illegal online movie streaming services will be prosecuted. In 2017, the UK government passed the Digital Economy Act, which introduced tougher sentences for online copyright infringement. The maximum penalty for streaming online is now 10 years in prison! The tougher sentences apply to everyone, but are far more likely to be used to target people who provide illegal streaming and downloading services.
Be warned, though, threats of prosecution have been made to users of illegal streaming and downloading sites. In 2020, Norfolk and Suffolk police issued a warning to the subscribers to a service called GE Hosting that they could face prosecution for their activity. On top of threats of prosecution, internet service providers sometimes withdraw internet services from customers who frequently use illegal sites for streaming and downloading movies. This is because internet service providers in the UK and the EU are usually required to sign up to schemes which require them to block users of illegal websites.
The UK Federation Against Copyright Theft (FACT) represents the interests of copyright owners, along with cinema owners and legal streaming services such as Spotify or Netflix. In recent years, they have focussed on trying to shut down illegal streaming and download websites. Where possible, they have prosecuted illegal operators and distributors. They have not done this so much to recover lost revenue, but as a deterrent to others considering starting or already operating illegal websites or streaming services where people can illegally watch movies online.
Any connection to criminal activity can put you, and your equipment at risk. In the UK and many EU countries, the major internet service providers (ISPs) have been required by the authorities to sign up to schemes designed to identify and prevent illegal activity on the web. Along with security services such as GCHQ, commercial organisations such as ISPs can quickly detect if you are using illegal streaming or download services. Individuals known to be using illegal services will initially be contacted by their ISP with a written warning to desist from the illegal behaviour. If they do not comply, the ISP can then withdraw internet services and optionally also report offences to the authorities. This can all happen just for wanting to watch movies online for free!
As the authorities have cracked down on illegal operations using the law, the pirate download sites and illegal streaming sites have increasingly been forced into areas of the web where criminal activity is even more rife. As with illegal hacking operations, illegal streaming and download sites now often operate out of countries such as Russia or China.
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The Digital Millennium Copyright Act (DMCA) is an amendment to the Copyright Act that provides internet service providers (ISPs) such as CUNY with safe harbors from liability for copyright infringement by users of the service, if the ISP complies with certain conditions. In order to receive the safe harbor protection, the DMCA requires CUNY to respond when notified of infringing material located on CUNY networks. CUNY receives notices every week on behalf of copyright owners alleging that people have used CUNY servers to illegally download music, software, movies, TV shows and other media. Consistent with the DMCA, CUNY then takes step to confirm the file sharing and identify and discipline the user. U.S. Copyright Office information on DMCA