Problems Legal Measures with Peer-to-Peer Internet Sharing

Abstract

This article aims to analyze the problem of Peer-to-Peer Internet sharing by using concepts and theories related to the working principles of Bit Torrent technology, which exchanges files in a Peer-to-Peer (P2P) manner. It studies the history of copyright law, the concept of providing protection for newly emerging copyrighted works from foreign countries, and studies international copyright protection and international agreements. In terms of Thai law, it studies the Copyright Act (No. 2) B.E. 2558 and the Copyright Act (No. 5) B.E. 2565 and the Computer Crime Act (No. 2) B.E. 2560, which are the main laws for enforcing the law on Peer-to-Peer (P2P) activities, as a framework for analysis in order to obtain guidelines for law enforcement and suppression of Peer-to-Peer (P2P) offenders.

Finding are as follows:  the Copyright Act (No. 2) B.E. 2558 and the Copyright Act (No. 5) B.E. 2565, which are currently in effect, still have problems with the definition of the definition of peer-to-peer file sharing. In addition, the Computer Crime Act (No. 2) B.E. 2560, which stipulates the closure of illegal websites (Block Website), but only blocks the expression of opinions based on the right of expression of the people (Right of Expression). The content of the two Acts mentioned above does not cover peer-to-peer internet sharing. The author recommends that the definition of the definition and liability for Peer-to-Peer (P2P) actions should be amended to be clearer in order to effectively enforce the law.