Legal to D/L, but not fileshare?

visigoth

Is it true that there is a loop-hole that makes downloading ANYTHING (mp3, vids, etc) using KAZZA and other file-sharing programs, actually legal? That it's only illegal to do the file-sharing itself.

I've read that in the U.S the only ppl being targeted by record companies with illegal usage of the internet (breach of copywrite) have been the ppl doing the file-sharing, and NOT the ppl simply downloading.

Does anyone know what the BB companies policies are towards D/L with Kazza like programs?

Visi.

BigEejit

I believe that the **AA lawyers are going after the big filesharers first (but not exclusively big, they have gone after some small filesharers as well).... Having posession of mps's that are from CD's that you do not own is illegal, it is only legal to make backups of CD's you do own, and you must not break any protections on the CD when you are making your backup because the DMCA made that illegal. The **AA cant do anything if they dont know what you have, i.e. not sharing .... the other side of that coin is that they are making people afraid to share which reduces the effectiveness of the community ... no-one sharing = nothing to download.

In Ireland there is no fair use clause (allowing consumers to make a backup for emergency purposes), I am unsure of the legality of backing up CD's you own..... it is of course illegal to have a copy of a copyright work that you have not paid for ....

sceptre

Originally posted by visigoth
Is it true that there is a loop-hole that makes downloading ANYTHING (mp3, vids, etc) using KAZZA and other file-sharing programs, actually legal?

Nope.

ixoy

No, it's very much illegal. You sometimes see pieces of text saying you can have the downloaded article for 24 hours - no. You can't.
The reason the RIAA and MPAA prosecute the shares is - they're easier to find! They're also demonstratably sharing far more content than the one file you downloaded and therefore more worthy of prosecution.
There is no loophole.

pickarooney

If you copy it and then delete the original then it's technically not the same file.

It's all just ones and zeroes anyway, I don't see how you can copyright that.

/me runs to patent lawyer with idea for copyrighting every conceivable sequence of ones and zeroes so that nobody will ever again be able to write a song or make a film without paying me first.

andrew163

me runs to patent lawyer with idea for copyrighting every conceivable sequence of ones and zeroes so that nobody will ever again be able to write a song or make a film without paying me first.

OH GOD dont be giving them ideas :eek: somehow that wouldn't surprise me

Frank Grimes

Originally posted by pickarooney
It's all just ones and zeroes anyway, I don't see how you can copyright that.

It's just the medium, you're being very naive if you think that.

If you copy it and then delete the original then it's technically not the same file.

What's in the file is what counts.

You should really think before you post, and stop encouraging people to download copywritten material.

fatguy

OK, there is no way for them to prove that you have downloaded copyrighted material. Unless you actually downloaded it from one of their baiting servers, but in that case a smart lawyer would argue that you were set up and get you off it.

They can however extremely easily prove that you're making copyrighted material available to download, simply by going on Kazaa and requesting the list from your computer.

Capt'n Midnight

You can sign up on the RIAA website for immunity

- But there is a good chance that that dB will be suponead by the individual record compaines who may try to sue directly...

ixoy

Originally posted by fatguy
OK, there is no way for them to prove that you have downloaded copyrighted material. Unless you actually downloaded it from one of their baiting servers, but in that case a smart lawyer would argue that you were set up and get you off it.

I wouldn't count on that. Ignorance of the law doesn't excuse you from it. By your token, I could say that I didn't know there was a speed limit on a piece of road and that the Gardai speed trap was setting me up. It wouldn't wash nor should it.

rymus

Originally posted by fatguy
OK, there is no way for them to prove that you have downloaded copyrighted material. Unless you actually downloaded it from one of their baiting servers, but in that case a smart lawyer would argue that you were set up and get you off it.

I think the word youre looking for is "entrapment"

fatguy

Originally posted by ixoy
I wouldn't count on that. Ignorance of the law doesn't excuse you from it. By your token, I could say that I didn't know there was a speed limit on a piece of road and that the Gardai speed trap was setting me up. It wouldn't wash nor should it.

\

But this is a civil, not a criminal issue. IANAL (I am no a laywer), but I'm certain that the ordinary rules don't apply.

Lemming

Originally posted by Capt'n Midnight
You can sign up on the RIAA website for immunity

- But there is a good chance that that dB will be suponead by the individual record compaines who may try to sue directly...

I think I recall seeing a headline this morning on one of the e-papers abotu the RIAA being taken to court over "misleading business practices" with this "clean-slate" deal.

pickarooney

Originally posted by Frank Grimes
It's just the medium, you're being very naive if you think that.

What's in the file is what counts.

You should really think before you post, and stop encouraging people to download copywritten material.

Blow me, Grimey.

Frank Grimes

That's pretty mature pickarooney, hats off.