Hong Kong - Chan Nai-ming, the Hong Kong man reported to be the first to go to court over using BitTorrent, lost his appeal last week and must now face the music.
Nai-ming was convicted in late 2005. After spending several weeks in jail, his motion for appeal was granted. However, the second ruling also found him guilty. He must now be in prison for another three months.
BitTorrent has become a popular means of illegal peer-to-peer file distribution, but it's difficult to track down the originator of a copyrighted file. Nai-ming was actually caught with pirated versions of three motion pictures during a standard customs check. They then traced him to sharing the movies online via BitTorrent.
"He plainly succeeded in distributing copies of the films in question. The appeal must accordingly be dismissed," said the judges in their ruling. The case can not be appealed any higher.
Nai-ming's defense was that he only had the video files on his hard drive for back-up purposes and did not intentionally share them with millions of other Internet users. It was later put into evidence that he advertised the files on BitTorrent and encouraged people to download them.
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http://www.tgdaily.com/content/view/32099/118/
BEWARE BITTORRENT USERS - First BitTorrent convict loses appeal
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