Are
individuals breaking the law if they purchase or are found
in possession of pirate copies?
Under the Copyright Act 1987, if in the course of business
you have in your possession unauthorised copies of films or
you offer to sell unauthorised copies of films, you are
breaking the law and may be prosecuted.
Anyone who commits an offence under the Act faces
a fine of not less than two thousand ringgit and not more
than twenty thousand ringgit for each infringing copy, or to
imprisonment for a term not exceeding five years or to both
and for any subsequent offence, to a fine of not less than
four thousand ringgit and not more than forty thousand
ringgit for each infringing copy or to imprisonment for a
term not exceeding ten years or to both.
Have you received a copyright infringement notice from your
ISP?
Pirate films cost the industry in Malaysia, affecting
everyone from the creators of the film or TV program through
to employees of the local cinema and rental store. Illegal
file-sharing has been found to cause the most damage in
Malaysia. Your ISP acting responsibly and in accordance with
the law is obliged to inform you if your internet account is
used to illegally transfer pirate copies of film and TV
programs. Copyright infringement is illegal. As the account
holder who becomes aware that the account is being used to
transfer pirate programs in this way you are responsible to
ensure it does not happen again and if so, no further action
will be taken.
Answers to some frequently asked questions follow for your
assistance:
1. I received a letter that says my computer was used to
illegally transfer or share copyrighted material over the
Internet. What does this mean?
Your Internet network connection was discovered using a peer
to peer network to illegally transfer a movie or television
show in a way that is against the law. Movies and television
shows are types of property which are protected by law from
copying without the permission of the copyright owner. In
addition, this activity goes against your internet Service
Provider’s (ISP) terms and conditions, which is why you
received this notice.
2. What if my IP address does not match the
one listed on the notice?
At the time the film or TV show in question
was being transferred, your ISP identified your modem as the
current owner of the IP address transferring that content.
3. What do I do now/How do I resolve this
matter?
In order to avoid another notice in the
future you can take steps to ensure that your computer is no
longer used to illegally distribute movie and television
files, first by deleting any files you (or someone using
your Internet connection) have illegally downloaded. If you
continue to transfer movies illegally, you are breaching the
terms and condition of your ISP and they are obligated by
law to take further action.
4. What are peer-to-peer networks?
A peer-to-peer (P2P) computer network allows
users to connect to each other and share content. Many
people today use peer-to-peer file sharing, which is
uploading and downloading of content. There are lots of good
reasons to do so, but some peer-to-peer Web sites encourage
piracy—or theft—of movies and television shows. This
activity is not only illegal, it can also put your computer
at risk for harmful viruses, computer worms or Trojan horses
and consider that once you sign up for an illegal
peer-to-peer site you begin to offer content on your
computer to others. So, by joining these services you could
become a distribution source for illegal downloading of
movies, television programs and more. In addition, network
users can gain a backdoor to your hard drive while you are
online, thereby seeing your personal information such as
bank records, tax file numbers and other private documents.
In order to remove peer to peer software follow the
instructions for your computer system to uninstall programs.
5. Am I in trouble? What is going to happen
to me?
Your account is being used to infringe
copyright which is illegal. If you ensure this does not
happen again no further action will be taken. If you
continue to transfer movies illegally, you are breaching the
terms and condition of your ISP and they are obligated by
law to take further action which may include limiting your
internet download capacity, suspending your account or a
range of other measures.
6. How do I stop others using my computer?
You may wish to consider password protecting
your computer.
7. How did you get this information that I
have been filesharing movies?
The internet is a highly transparent medium
and standard technology can access information that is
voluntarily placed in the public domain when individuals use
peer to peer networks. Your ISP is able to identify from the
IP addresses we sent them which of their customers are
engaged in illegal file sharing of movies or TV programs and
can take further action.
Your network connection was detected
distributing illegal files because you have peer-to-peer
(P2P) software installed on your computer. That software,
which allows your computer to download files from others who
have the same software, is usually configured so that any
downloaded files (and any other files in your “shared
folder”) are automatically uploaded and provided to anyone
who asks for them.
8. You say I must delete the copies of the
unauthorised films or television shows. How do I do this?
Most computer systems have a “search”
function you can use that allows you to search your files by
name. If you do not know how to use this feature, you should
check your user manual for instructions. If, on your first
search, you do not find the movie title you are looking for
try searching for one particular word in the title.
9. I have no idea how this could have
happened. I’ve never downloaded an illegal copy of a feature
film or television show. How could I have received this
letter?
Someone has been identified accessing these
copyright protected files on your computer. You need to
ensure that anyone who has access to your computer is not
illegally transferring films and TV shows.
You should check your computer for the
movies or television shows listed in the letter and delete
them.
10. I am not a technical person. I don’t
even know how to get started. Is there anyone I can talk to
who can help me secure my Internet connection to make sure
that it is not used in the future for illegal file sharing?
For help in securing your Internet
connection against illegal file sharing, contact the
technical support staff at your Internet service provider. |
