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Forums - General Discussion - Who here knows it is illegal to..

But by using Limewire or torrents, you are downloading the music from other people who either own the music or also downloaded it...isn't that illegal?



LEFT4DEAD411.COM
Bet with disolitude: Left4Dead will have a higher Metacritic rating than Project Origin, 3 months after the second game's release.  (hasn't been 3 months but it looks like I won :-p )

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It is illegal, but you failed to specify which party is facing this illegality. For the person downloading or viewing such a broadcast, this is not at all illeagal. But the act of uploading the music/movie/etc to others or in other words letting someone download from you, this would be illegal.  And these music companies have taken people to court and sucessfully sued users of these programs before so the risk is out there.  In any case, I've explained this before and this thread is giving me a headache, so this will be my last post.  Cheers.



Who here knows it is illegal to..


Download music from limewire?

I don't.



BenKenobi88 said:
But by using Limewire or torrents, you are downloading the music from other people who either own the music or also downloaded it...isn't that illegal?

This is where things get confusing

If you own what you are downloading, such as an album, then downloading a MP3 copy of this is probably legal. However, uploading it to people is definitly illegal.

The uploading is where people get taken to court because it is a clear cut. The RIAA/MPAA/Generic copyright holder doesn't want to take the downloading to court since you would first have to know the person downloading doesn't own that new britiany spears CD they got off of demonoid. Furthermore, they dont want a clear cut legal decision that says downloading something you own is legal, because as it stands the ambiguity is kinda in their favor.

Also, downloading is copyright infringmen, not stealing. Stealing is defined as taking something physical or depriving someone of their property. With downloading neither of these things happens. It is, however, copyright infringment. Now I'm not saying that downloading isn't bad and all, just that stealing means prision time whereas copyright infringment means fines and are two very different things legally.

 



Leo-j said: If a dvd for a pc game holds what? Crysis at 3000p or something, why in the world cant a blu-ray disc do the same?

ssj12 said: Player specific decoders are nothing more than specialized GPUs. Gran Turismo is the trust driving simulator of them all. 

"Why do they call it the xbox 360? Because when you see it, you'll turn 360 degrees and walk away" 

Is this one of those, if these things are illegal and everybody does it it must be OK to pirate stuff?



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Dallas... it is illegal to download or keep music or software that you do not have a license to use.

http://www.copyright.gov/title17/92chap10.html

This is in regards to copyrights of digital audio recordings.

"§ 1001. Definitions"

"(1) A "digital audio copied recording" is a reproduction in a digital recording format of a digital musical recording, whether that reproduction is made directly from another digital musical recording or indirectly from a transmission."

This means both the person sending and recieving the transmission are subject to prosecution. Whether through actual recording or through digital transfer of a recording.

"( c ) Prohibition on Circumvention of the System. - No person shall import, manufacture, or distribute any device, or offer or perform any service, the primary purpose or effect of which is to avoid, bypass, remove, deactivate, or otherwise circumvent any program or circuit which implements, in whole or in part, a system described in subsection (a)."

The first part is the clarification again that any hardware modification for the sake of bypassing copyright protection are illegal. Even when importing, which refers to the installation or the purchasing of such an installation.

http://www.copyright.gov/title17/92chap1.html

"§ 102. Subject matter of copyright: In general26"

"(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:"

The basic legal definition of copyright protection makes no distinction between use, sale, distibution, or receipt.

"§ 107. Limitations on exclusive rights: Fair use38"

"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."

The first bold explains fair use. Fair use section describes abuses prosecutable under US and international law. Commercial use is seen s not just sale but also use avoiding having to pay for someone elses work.

 

EDIT: I found another... this is from the WTO which the US fully supports (cough... runs).

http://www.copyright.gov/docs/2180_stat.html

This explains why the WTO doesn't push for prosecutions. It is hard to prove that the user knew it was illegal. It doesn't really matter if a person knows something is illegal or not, but it is hard to get a jury to convict and it would be a waste of money. However their have been cases where users have been financially liable due to the wording of the law. Just because it isn't prosecuted, doesn't mean it is legal or that you are protected from civil action.



I would cite regulation, but I know you will simply ignore it.

I mean seriously, it's stealing. Stealing is illegal. Whether games or music, it makes me sick to see other music fans or gamers who think it is ok. It's not. I am sure, if you work, you can place your self in the position of being a victim of theft.



I would cite regulation, but I know you will simply ignore it.

Good, looks like i'm supported here somewhat. =



Yeah...and posting randomly as disguised bumping is also annoying.



LEFT4DEAD411.COM
Bet with disolitude: Left4Dead will have a higher Metacritic rating than Project Origin, 3 months after the second game's release.  (hasn't been 3 months but it looks like I won :-p )

I was answering the poser's question, Sorry. :(