The Malaysian Accountant - The Malaysian Institute Of Certified ...

FEATUREInternet Piracy- Copyright Infringementand Adequacy of Malaysian LawBY INDRAN SHANMUGANATHANIntroductionThe Internet is a worldwide system of computer networks.Using the same protocol, any one computer can getinformation from or talk to any other connected computer. Ittherefore facilitates content and information transmission,sharing and retrieval.Role of Internet Service ProvidersWith new technologies and the facilities offered by theInternet, on-line piracy has come about in many ways. Inmost instances, the Internet service providers are involved.Commercial undertakings have without theauthorisation of or any payment to copyright ownersripped and made available recorded music for download.Often times, hacking software is posted. It may be used tobreak copy protection and other technological measuresavailable and embedded in copyright protected materialsto prevent unauthorised copy and transmission. Theymake their money through banner advertising. There arealso other sites that provide links to these unauthoriseddatabases.Peer to peer (“P2P”) networks and systems allows agroup of computer users using the same networkingprogram to connect with each other and directly access filesfrom each other’s hard drives. The common softwareenables users at any time to connect directly with the harddrives of all other users logged onto the Internet. Theelectronic files of a user are therefore made available to allother users. There are various participants to a P2Pnetwork.They include (i) providers of the P2P software, (ii)intermediaries such as Internet and other service providers,(iii) uploaders and, (iv) downloaders.The role of the Internet service providers is alsoimportant for another reason. Individual items of softwareheld by uploaders are identified by reference to an Internetprotocol or IP address. The address is numeric in form andis allocated to a particular address space in such a mannerthat an individual computer or a network of individualcomputers will communicate to the Internet via thataddress. The IP address but not the identity of the up-loadermay be identified. The cross referencing between the IPaddress and the individual’s details is held by the Internetservice provider who provides with interconnectivity to theInternet. Unless the identity of the up-loader is divulged, noeffective action can be taken against the up-loader.In the case of a motion picture, sound recording,musical works, audio visual product and business software,only the person by whom the arrangements for the makingof the motion picture or recording can authorise it to beplaced or copied onto a website, or transmitted across anetwork, or performed or downloaded by a computer. Theseworks however contain much underlying works which arethemselves individually protected. Such underlyingsynchronised works would include literary and dramaticworks, musical works, artistic works, image rights and soon. The rights of the individual owners of such underlyingworks should be protected. They should continue to retaintheir respective rights to take both civil and criminal actionagainst infringers.www.micpa.com.myJune/August 2007 | The Malaysian Accountant |5