Is P2P file-sharing illegal?
It depends. P2P file sharing is perfectly legal if the work being shared is not copyrighted or is shared with the authorization of the copyright owner. However, unauthorized distribution of copyrighted works through a publicly accessible, P2P network is copyright infringement pure and simple. There is no concept of fair use that encompasses making a copyrighted needlepoint design available for downloading by 100 million KaZaA users. Does the safe harbor created by H.R. 5211 extend to any copyright owner who interferes with file-trading upon a reasonable basis to believe piracy is taking place? No. It is an utter fabrication to say that H.R. 5211 provides a safe harbor for copyright owners who have a reasonable basis to believe piracy is taking place. There simply is no reasonable basis language in the safe harbor created by H.R. 5211. The actual language of H.R. 5211 is clear: it only provides a safe harbor to copyright owners who actually impair the piracy of their copyrighted works t
