Chan Nai-ming

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Chan Nai-Ming (Traditional Chinese: 陳乃明) is a Hong Kong citizen, believed to be the first person in the world to be convicted of a crime for using BitTorrent P2P file sharing. He is currently on bail waiting for the appeal.

1 Alleged incident
2 Trial
3 Appeals
4 External links
5 Academic Opinion
6 Journalistic Reports

[edit] Alleged incident

Chan Nai-Ming was accused of uploading three Hollywood films (Daredevil, Miss Congeniality and Red Planet) onto the Internet using BitTorrent under the alias 古惑天皇, variously translated as “Master of Cunning” or “Big Crook”. Chan was 38 years old and unemployed.

[edit] Trial

He was charged with 3 counts of “attempting to distribute an infringing copy of a copyright work (otherwise than for the purpose of, in the course of, any trade or business) to such an extent as to affect prejudicially the owner of the copyright, without the licence of the copyright owner, contrary to sections 118(1)(f) and 119(1) of the Copyright Ordinance, Cap. 528 and section 159G of the Crimes Ordinance, Cap. 200” and 3 counts of an alternative charge of “Obtaining access to a computer with dishonest intent, contrary to section 161(1)(c) of the Crimes Ordinance, Cap. 200”. Since the first 3 charges were proven, the last 3 charges were dropped.

Chan was sentenced to three months in prison on 24 October 2005. The maximum penalty is four years in prison.

At the Tuen Mun Magistracy, Magistrate Colin Mackintosh said that he had reduced the term because this was Chan's first offence and the first sentencing for such a case in the world. However, the judge claimed that anyone else caught illegally sharing files in the wake of his judgment could expect tougher treatment.

[edit] Appeals

He was released on bail for HK$5000 while waiting for the results of the appeal to the High Court. On 12 December 2006, the High Court upheld the original verdict and sentence. He was jailed immediately.

The High Court denied him leave to appeal to the Court of Final Appeal, but he was bailed for HK$5000 on 3 January 2007 to seek leave for appeal at the CFA (leave can be granted by either the High Court or the CFA). On 7 February, the CFA granted him leave and set the trial date for 9 May 2007. The main point of his argument is what is the exact definition of "copies" and "distribution".