I.

INTRODUCTION
The internet, as we know, has grown rapidly over the last decade.
It has given rise to many avenues in every field we can think of
be it education, entertainment, business, or sports. However with
every boon there is a curse too. This curse is Cybercrime illegal
activities committed over the internet. The internet, along with its
advantages, has also exposed us to security risks. Computers
today are being misused for unlawful activities like e-mail
espionage, credit card fraud, spam, software piracy, spreading of
viruses and other criminal activities, which invade our privacy
and offend our senses.
Some of the common computer
crimes are the following:
a. Illegal Downloading
b. File Sharing
c. Software Piracy
DOWNLOADING
This is the process in which data is sent to your
computer. Whenever you receive information
from the Internet, you are downloading it to
your computer. The opposite of this process,
sending information to another computer, is
called uploading.
FILE SHARING
The process of direct or indirect data sharing on a computer
network with various levels of access privilege; also, the
process of direct or indirect file transfer via the Internet. It is
the practice of distributing or providing access to digitally
stored information, such as computer programs, multimedia
(audio, images, and video), documents, or electronic books.
It may be implemented through a variety of ways.
Common methods of storage, transmission and
dispersion include manual sharing utilizing removable
media, centralized servers on computer networks, World
Wide Web-based hyperlinked documents, and the use of
distributed peer-to-peer networking.
SOFTWARE PIRACY
The unauthorized copying of software. Most
retail programs are licensed for use at just one
computer site or for use by only one user at any time.
By buying the software , you become a licensed user
rather than an owner . You are allowed to make copies
of the program for backup purposes, but it is against the
law to give copies to friends and colleagues.

Originally, software companies tried to stop
software piracy by copyprotecting their software.
This strategy failed, however , because it was
inconvenient for users and was not 100% foolproof.
Most software now requires some sort of registration,
which may discourage would- be pirates , but doesnt
really stop software piracy.
III. ORIGIN OF THE TERMS
1.DOWNLOADING

The term downloading is distinguished from the
related concept of streaming, which indicates the receiving
of data that is used near immediately as it is received, while
the transmission is still in progress and which may not be
stored long-term, whereas in a process described using the
term downloading, this would imply that the data is only
usable when it has been received in its entirety.
2. File Sharing
Files were first exchanged
on removable media.

Computers were able to
access remote files using
filesystem mounting, bulletin
board
systems (1978), Usenet(1979
), and FTP servers
(1985). Internet Relay
Chat (1988)
and Hotline (1997) enabled
users to communicate
remotely through chat and to
exchange files.
The mp3 encoding, which was
standardized in 1991 and which substantially
reduced the size of audio files, grew to
widespread use in the late 1990s. In
1998, MP3.com and Audiogalaxy were
established, the Digital Millennium Copyright
Act was unanimously passed, and the first mp3
player devices were launched.
3. Software Piracy
Before 1980 one could freely copy computer
programs and pirate without any legal ramifications in
a sense. The U.S. Patent Office recognized copyrights
on computer software, but only on the compiled
version, not the source code. The patent office granted
computer programs protection as a "literary" work, but
as in a book you could not copyright particular words,
only the work as a whole. Testimony and lobbying by
Microsoft founder Bill Gates during the late 1970s
finally led to legislation that started to protect software
integrity.

Bill Gates
IV. HARMFUL EFFECTS
1.DOWNLOADING
a. To oneself
A computer virus is very harmful and
could damage your internal unit for good.
Before you download any file in a file
sharing site, you need to scan it to check if
it is safe. There are lots of online virus
scanners out there, and it needs you to scan
it by yourself. If you are not careful about
downloading files from any file sharing site,
your personal computer (PC) or laptop may
be at risk. This is the danger of
downloading any file with your cable
internet connection, and it needs you to be
aware of it.




B. To others





c. To society
Illegally downloading music has
had a significant impact on the
music industry resulting in a loss of
profits and jobs, and changing how
music is delivered to the masses.









2. FILE SHARING
A. To oneself
experts say that pirated software can also include computer
viruses which can destroy data on a users hard drive.


A. To others
Consumers using illegal software
generally cannot get access to product support, instructional
materials, or low-cost
product upgrades. Businesses using illegal software are subject to
legal action, fines, and low productivity.









c. To others
Generally, it is widely accepted that illegal file-sharing causes great
damage and means artists from all kinds of backgrounds are not
being paid for the professional work they have done.
Specifically, the creative industries have gone to great lengths to
spell out the damage done by file-sharing copyright content without
permission.
In today's joint statement from the UK creative industries, the
government is urged to force internet service providers to ban
persistent file-sharers and a very specific charge is laid.
It says up to 800,000 jobs in the creative industries, out of 1.8
million in total, are threatened.
That's almost half of the entire industry which, the statement says,
contributes 112.5bn in revenue to the economy, equivalent to 8%
of GDP.
The quoted figure comes from a report produced by consultants
called Europe Economics, which was commissioned by one of the
creative bodies.
3. SOFTWARE PIRACY
a. To oneself
You will be considered a thief because you are illegally copying
or distributing a software that is copyrighted.

b. To others
Youre causing the person who took the time, effort, and
resources to make it, lose money.

c. To society
A person who purchase a pirated software is not only breaking
the law, but also runs the risk of infecting their computer with a
harmful virus or other malicious items.

Any of those acts are considered software piracy by the Business
Software Alliance (BSA): copying, downloading, sharing, selling, or
installing multiple copies onto personal or work computers.

V. RULES / LAWS
MADE TO PROTECT
THE INTERNET USERS
1. DOWNLOADING

A. Music is Copyrighted
B. Legal Ways of Downloading
C. Fair Use Doctrine












All music is protected by U.S. copyright law, which
makes owning it without the creator's permission a
kind of theft. A creator gives his permission for you
to own a piece of his music when you purchase that
music in a hard copy such as a CD or record or by
paying for permission to download the music
digitally.
You are only given permission to own music
that you pay to download. Paying to download one
song does not give you permission to obtain the
rest of the artist's musical catalog without paying
for it. According to the website for the
U.S.Copyright Office, copyrights for music last for
the life of the creator plus 70 years.

Downloading music without paying for it or
from a site that does not have an artist's
permission to post his music is a violation of
copyright law. The only means to legally obtain
music digitally is to go through an approved
downloading site such as iTunes and pay the
appropriate fee.

What is known as "fair use doctrine" is a provision
of copyright law to allow you to reproduce music or
other products like video for personal use. You're
not breaking the law if you pay to download music
legally and make a CD or upload the music to your
iPod. You are infringing on copyright protection
laws if you legally download music and make that
music available for others to download free of
charge or by charging a fee from which only you
benefit.

2. FILE SHARING LAWS in:

A. Australia
B. France
C. China
D. European Union
E. Canada
F. Malaysia
G. Mexico
H. Netherlands
I. South Korea
J. Spain
K. United Kingdom
L. United States
M. The Copyright law
A.Australia
A secondary liability case in Australia, under Australian
law, was Universal Music Australia Pty Ltd v Sharman
License Holdings Ltd [2005] FCA 1242 (5 September
2005). In that case, the Court determined that the Kazaa
file sharing system had "authorised" copyright
infringement. The claim for damages was subsequently
settled out of court.

In the case of AFACT v iiNet which was fought
out in the Federal Court, an internet service
provider was found not to be liable for
the copyright infringement of its users. The case
did not, however, create a clear precedent that
Australian ISPs could never be held liable for
the copyright infringement of their users by virtue
of providing an internet connection. AFACT and
other major Australian copyright holders have
stated their intention to appeal the case, or pursue
the matter by lobbying the government to change
the Australian law.
B. Canada
In Canada, the status of legality of file sharing is
disputed, though in practice file sharing is tolerated. In
addition, in the 2004 case of BMG Canada Inc. v. John
Doe, court decided that both downloading music and
putting it in a shared folder available to other people
online were legal in Canada.
It has led to harsh criticism from organizations
like International Federation of the Phonographic
Industry:
Canada, practically the only government of a
developed country not to have implemented
international copyright treaties agreed over a
decade ago, is a major source of the world's file
sharing. A disproportionate number of illegal sites
are hosted on Canadian soil.

C. China
The People's Republic of China is known for having
one of the most comprehensive and extensive
approaches to observing web activity and censoring
information in the world. Popular social networking
sites such as Twitter and Facebook cannot be accessed
via direct connection by its citizens. Mainland China
requires sites that share video files to have permits and
be controlled by the state or owned by state. These
permits last for three years and will need renewal after
that time period. Web sites that violate any rules will
be subject to a 5 year ban from providing videos
online.
One of the country's most used file sharing programs,
BTChina got shut down in December 2009. It was
shut down by the State Administration of Radio Film
and Television for not obtaining a license to legally
distribute media such as audio and video files. Alexa,
a company that monitors web traffic, claims that
BTChina had 80,000 daily users. Being one of the
primary file sharing websites for Chinese citizens, this
shutdown affected the lives of many internet users in
China. China has an online population of 222.4
million people and 65.8% are said to participate in
some form of file-sharing on websites.
D. European Union
In November 2009, European Parliament has voted on
changes to the Telecoms Package. In regards to file
sharing MEPs agreed to compromise between
protecting copyright and protecting user's rights.
A European Parliament statement read "A user's internet
access may be restricted, if necessary and proportionate,
only after a fair and impartial procedure including the
user's right to be heard." EU members were given until
May 2011 to implement these changes into their own
laws.

E. France
In October 2009, France's highest constitutional court
has approved a "three-strikes law"Ireland.
In May 2010, Irish internet provider Eircom have
announced they will cut off the broadband connection
of subscribers suspected of copyright infringement on
peer-to-peer file sharing networks. Initially, customers
will be telephoned by Eircom to see if they are aware of
the unauthorized downloads. When customers are
identified for a third time they will lose their internet
connection for 7 days, if caught for a fourth time they
will lose their internet connection for a year.

F. Malaysia

In June 2011, the Malaysian Communications and
Multimedia Commission has ordered the blocking of
several websites including The Pirate Bay and
several file-hosting websites via a letter dated 30
May to all Malaysian ISPs for violating Section 41
of the Copyright Act 1987, which deals with pirated
content.

G. Mexico
Recording companies pursued approximately 20,000
lawsuits in 17 countries in 2009 against file-sharing of
copyrighted content; however, not a single case was filed
within Mexico. Because Mexicos government has made
opening legitimate businesses bureaucratic and costly,
consumers have learned to count on a much cheaper means
of acquiring music and other media for their entertainment.
Consumers continue to share files because the laws
in Mexico are very weak and have not been updated
in order to take into account online trade such as file
sharing; therefore, intellectual property laws do not
punish file sharing and Mexicos intellectual
property laws cannot affect file sharers because no
money is being exchanged.
H. Netherlands
According to Dutch law reproduction of a literary,
science, or art work is not considered a violation on
the right of the creator or performing artist when all of
the following conditions have been met:
-The copy has not been made with an (in)direct
commercial motive
-The copy's purpose is exclusively for own practice,
study or use
-The number of copies is limited
Such a copy is called a 'thuiskopie' or home copy.
Since 1991, after appointment by the Dutch ministry
of Justice exists an organisation which guarantees
that artists and rights holders get a compensation for
copies of their works that citizens make use of for
private use. This compensation is levied indirectly
through a surcharge on information carriers, like
empty CD's, DVD's, MP3 Players, and from 2013
on, hard disks and tablets.

I. South Korea
In March 2009, South Korea passed legislation
that gave internet users a form of three strikes for
unlawful file sharing with the intention of curbing
online theft. This is also known as graduated
response. As the number of cases of unauthorized
sharing increases, the proportion of youth involved
has increased. As file shares are monitored, they are
sent messages instructing them to stop.
If their file sharing continues, their internet
connection may be disconnected for up to six months.
The force behind this movement is the Korean
National Assemblys Committee on Culture, Sports,
Tourism, Broadcasting & Communications
(CCSTB&C). With help from local internet service
providers, the CCSTB&C have gained access and
formed communication channels to specific file
sharing users.

J. Spain
In a series of cases, Spanish courts have ruled that
file sharing for private use is legal. In 2006, the record
industry's attempts to criminalize file sharing were
thwarted when Judge Paz Aldecoa declared it legal to
download indiscriminately in Spain, if done for private
use and without any intent to profit, and the head of the
police's technology squad has publicly said "No pasa
nada. Podis bajar lo que queris del eMule. Pero no lo
vendis." ("It's ok. You can download whatever you want
with eMule. But don't sell it.").
There have been demonstrations where the
authorities have been informed that copyrighted
material would be downloaded in a public place, the
last of which took place on 20 December 2008. No
legal action was taken against the protestors. In
another decision from May 2009, a judge ruled in
favor of a person engaged in the private, non-
commercial file-sharing of thousands of movies,
even though the copying was done without the
consent of the copyright owners.

K. United Kingdom
File sharing has been a contentious issue in the
UK and the UK government believed action would
help drive the UKs vital creative and digital sectors
to bolster future growth and jobs. According to a
2009 report carried out by the International
Federation of the Phonographic Industry 95 per cent
of music downloads are unauthorised, with no
payment to artists and producers.
Market research firm Harris Interactive believed
there to be 8.3 million file sharers in the UK.
Moreover the BPI claimed that in 1999 UK music
purchases totalled 1,113 million but had fallen to
893.8 million in 2008.
The Digital Economy Bill has now become the Digital
Economy Act 2010 which received Royal Assent on 9
April 2010. The Act may have serious repercussions
for both file sharers and internet services providers.
L. United States
In Sony Corp. v. Universal Studios, 464 U.S. 417 (1984), the
Supreme Court found that Sony's new product, the Betamax (the
first mass-market consumer videocassette recorder), did not
subject Sony to secondary copyright liability because it was
capable of substantial non-infringing uses. Decades later, this case
became the jumping-off point for all peer-to-peer copyright
infringement litigation.

The court found that Napster was contributorily liable for the
copyright infringement of its end-users because it "knowingly
encourages and assists the infringement of plaintiffs'
copyrights." The court analyzed whether Napster was vicariously
liable for copyright infringement.
The standard applied by the court was whether Napster
"has the right and ability to supervise the infringing activity
and also has a direct financial interest in such activities." The
court found that Napster did receive a financial benefit, and
had the right and ability to supervise the activity, meaning
that the plaintiffs demonstrated a likelihood of success on the
merits of their claim of vicarious infringement. The court
denied all of Napster's defenses, including its claim of fair
use.
In November 2009, the U.S. House of
Representatives introduced the Secure Federal File
Sharing Act, which would, if enacted, prohibit the
use of peer-to-peer file-sharing software by U.S.
government employees and contractors on
computers used for federal government work. The
bill has died with the adjournment of 111th
Congress.

M. Copyright law
A copyright in the United States consists of the rights
enumerated under 17 USC 106. When having to do with pictures,
music, literature or video, these rights include: 1. The right to
reproduce or redistribute the picture, music, lyrics, text, video, or
images of a video. 2. The right to distribute the picture, music,
lyrics, text, video, or images of a video. 3. The right to produce
derivative works of the copyrighted work. 4. The right to perform
the work publicly. 5. The right to display the work publicly. 6. The
right to transmit the work through the use of radio or digital
transition. In summary, these rights become the reproduction,
adaptation, publication, performance, and display of a copyrighted
work.

Anyone who violates the terms of a copyright has committed a
crime, whether or not the work has been registered at the
copyright office. If an infringement has occurred, the copyright
owner has a legal right to sue the infringer for violating the
terms of their copyright. The monetary value of the lawsuit can
be whatever a jury decides is acceptable.

In the case of file sharing networks, companies claim that peer-
to-peer file sharing enables the violation of their copyrights.
File sharing allows any file to be reproduced and redistributed
indefinitely. Therefore, the reasoning is that if a copyrighted
work is on a file sharing network, whoever uploaded or
downloaded the file is liable for violating the copyright
because they are reproducing the work without permission of
the copyright owner.
3. SOFTWARE PIRACY
A. Copyright Act, Title 17 of the U.S. Code
B. Digital Millennium Copyright Act
C. No Electronic Theft Act
D. Fines and Penalties

Basic United States copyright law is the
framework from which software piracy laws are crafted.
The Copyright Act clearly states that only the owner of
a particular computer program has the authority to sell,
rent or lease the product. Although this is good
groundwork to start prosecuting piracy, it did does not
cover the ever-increasing complexity of software.


The DMCA, signed by President Bill Clinton in October 1998,
might be the most important software piracy law in the United
States. The bill covers many different aspects of patent law, but
the goal of the article was to impose stiffer penalties on software
pirates. The first part of the DMCA adds serious fines and
criminal statutes to U.S. law for anyone who circumvents
technology by software designers to prevent copyright
infringement. The other major part of the DMCA limits the
copyright liability of internet services provided that they block
access to copyrighted works.



Clinton, leader of the United States during the tech
boom of the 1990s, signed the most important laws
combating software piracy. Before the No Electronic
Theft act people could evade prosecution for
distributing copyrighted software by giving it away
for free. The NOETA had the adverse effect of
preventing many scientists and academics from
distributing software they already received for free.



What happens when you get charged with software
piracy? If a single user gets caught with a pirated copy
of an operating system chances are you will be hit
with a request for damages amounting to three times
the retail amount. This has become an arbitrary
industry standard. You can also be charged for the full
retail amount of each individual product in a software
bundle. The maximum penalty under the law is a
$250,000 fine and five years in jail, but the law allows
for more in extreme cases of software piracy.

VI. TRUE TO LIFE ACCOUNT
Justice Breyer Is Among Victims in Data Breach Caused by File Sharing

Sometime late last year, an employee of a McLean investment firm
decided to trade some music, or maybe a movie, with like-minded
users of the online file-sharing network LimeWire while using a
company computer. In doing so, he inadvertently opened the private
files of his firm, Wagner Resource Group, to the public.
That exposed the names, dates of birth and Social Security numbers
of about 2,000 of the firm's clients, including a number of high-
powered lawyers and Supreme Court Justice Stephen G. Breyer.
The breach was not discovered for nearly six months. A reader of
washingtonpost.com's Security Fix blog found the information while
searching LimeWire in June.
Services such as LimeWire, which are known as peer-to-peer
networks, link computers directly, allowing users to swap
digital movies, music and files with other users without the
need of a central Web site to manage the exchange.
What users may not be aware of is that the software that
facilitates file sharing may be configured to allow access to a
portion, if not all, of a user's documents.
Robert Boback, chief executive of Tiversa, the company hired
by Wagner to help contain the data breach, said such breaches
are hardly rare. About 40 to 60 percent of all data leaks take
place outside of a company's secured network, usually as a
result of employees or contractors installing file-sharing
software on company computers.
"We've seen a lot of instances where a company will be working
on a product that's not even released yet, and the diagrams for that
product are already out on the Net," Boback said. "This case is
unique because of the high profile of the targets. The individuals
on this list are at a very high risk, almost imminent, of identity
theft."
In June, medical records and Social Security numbers for at least
1,000 patients at Walter Reed Army Medical Center were exposed
in a peer-to-peer data breach. In June 2007, the pharmaceutical
giant Pfizer disclosed that an employee who installed peer-to-peer
software on a company laptop exposed files containing the names,
Social Security numbers, addresses and some compensation
information of 17,000 current and former Pfizer employees.
In March, a Seattle man was sentenced to 51 months in
prison for using LimeWire and similar networks to dig up
personal and financial information on more than 50 people,
which he then used to open lines of credit in the victims' names.
Tiversa officials found that more than a dozen LimeWire users
in places as far away as Sri Lanka and Colombia downloaded
the list of personal data from the Wagner network.
"To me, this was devastating," said Phylyp Wagner, founder of
the investment firm. "I didn't even know what peer-to-peer was.
I do now."
A spokesman for Breyer said the justice had no comment on the
security breach, which came to light after the reader notified
Security Fix and the blog alerted some of the Wagner clients.

VII.CONCLUSION



Computer crime, or cyber crime, as it is
more commonly called, refers to criminal
activity that is carried out with the use of a
computer and often the Internet. Educating
yourself on the dangers of these crimes just
may save you from much grief and
suffering.
VIII. RECOMMENDATIONS
The researchers would like to
recommend for future studies to have
more respondents with true to life
accounts. Also, the researchers
acknowledged the need to broaden the
topics covered to render a clearer
understanding of how the use of internet,
modernized not only the way people
communicate but also the various trade-
offs of modernization which include a
more sophisticated forms of crimes.
"The modern thief can steal more with a
computer than with a gun. Tomorrow's
terrorist may be able to do more damage
with a keyboard than with a bomb".

National Research Council, "Computers at Risk", 1991
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