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File sharing happens when folks who are connected to the Internet use file-sharing programs to replicate files between each other. The moral issues come mostly from the concern that followers of file sharing may infringe copyright laws. This could occur if the content of a file being shared is covered by such laws.

File sharing is not necessarily illegal, even if the works being shared are covered by copyright. As an instance, some artists may decide to support freeware, shareware, opensource, or anti-copyright, and disciple the use of file sharing as a free marketing tool. Virtually all shareware, freeware, and open source software might be shared as much as the end user wishes, depending on the End User Disclaimer for that specific piece of software. Other non-software related intellectual property could be shared legally in any way the end user wishes. Content in the public domain can also openly be shared.

The entire thing has been a sideshow to a main event that long ago turned into a circus, but the involvement of groups like the FSF shows how much attention the case is getting. With Professor Nesson set to debate in court that file-sharing is only fair use, the case has believed a significance way beyond that of most such lawsuits, and everybody wants an opportunity to be heard.

Nesson is knocking up a very interesting defense in a P2P robbery case. Instead of disagreeing that charged file-swapper Joel Tenenbaum did not do it, Nesson is saying that Nesson did not do anything inaccurate because sharing files with your "friends" over the internet isn't really a crime, and is covered under well-established Fair Use laws. Similarly , according to Nesson, the upset party in a file-copying case isn't entitled to any damages anyway.

Nesson's plan is incredibly bold -- should he achieve success in this novel defense, it will, basically, de-criminalize P2P file-sharing forever.

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