The first person in the world to be jailed for using BitTorrent technology to put pirated movies on the internet has vowed to appeal to the highest court, in a challenge to the prosecution's use of a section of the Copyright Act. A barrister acting for Chan Nai-ming, who used the internet alias 'Big Crook', confirmed the appeal yesterday after a High Court judge refused to grant a certificate for Chan to take his case to the Court of Final Appeal and denied him bail. Madam Justice Clare-Marie Beeson said the arguments put forward by barrister Kevin Pun Kwok-hung were 'not of great general importance'. But she said the defence still had the right to make the application in the top court. Mr Pun told Madam Justice Beeson yesterday that the case had to be discussed in the top court because it involved legal arguments on the interpretation of the Copyright Ordinance that had not been considered or discussed in any jurisdiction in the world before. He said the interpretation of the ordinance that led to the criminal prosecution against Chan was in question and that the issue was of 'great general importance'. 'It was a question of the statutory interpretation affecting not only the right of copyright owners but also all internet users,' said Mr Pun, who is also an associate professor in the department of law at the University of Hong Kong. On December 12, Madam Justice Beeson upheld the three-month jail sentence passed by Tuen Mun Court in November last year. Chan, 38, was convicted for attempting to distribute three movies - Daredevil, Miss Congeniality and Red Planet - using BitTorrent peer-to-peer file-sharing technology. He was found to have created and activated the 'seed' files for the movies that had enabled other BitTorrent users to download the movies on January 10 and 11 last year. The prosecution was based on a section of the Copyright Ordinance that makes it a criminal offence to distribute copyrighted works.