Intellectual Property Court, Year 2009, Xing-Zhi-Shang-Geng-Zi No. 48, Criminal Case (智慧財產法院 98 年度刑智上更字第 48 號刑事判決)

Document type
Administrative Decision
Country
Prior to the enactment of inducement liability of copyright infringement in 2007,  a peer-to-peer file sharing service called Kuro was found guilty in joint criminal enterprise liability by Taiwan Taipei District Court in 2005, which was the first criminal ruling against peer-to-peer file sharing services in the world. The case was appealed to the Taiwan Superior Court. It was later remanded to the Intellectual Property Court by the Supreme Court. The Intellectual Property Court found the defendant was guilty in joint criminal enterprise liability. See Taiwan Taipei District Court, Year 2003, Su-Zi No. 2146, Criminal Case (臺灣臺北地方法院 92 年度訴字第 2146 號刑事判決); Taiwan Superior Court, Year 2005, Zhu-Shang-Su-Zi No.5, Criminal Case (臺灣高等法院 94 年度矚上訴字第 5 號刑事判決); Supreme Court, Year 2009, Tai-Shang-Zi No.6117, Criminal Case (最高法院 98 年度年度台上字第 6177 號刑事判決).
Country
Year
2009
Topic, claim, or defense
Copyright
Document type
Administrative Decision
Issuing entity
Administrative Authority
Type of service provider
P2P
Type of law
Criminal
General effect on immunity
Weakens Immunity