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Old 10-17-2010, 08:00 AM
 
Location: Cartersville, GA
1,255 posts, read 3,028,898 times
Reputation: 1085

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Quote:
Originally Posted by thecoalman View Post
Can you site one instance where someone has been arrested for this? To the best of my knowledge it's not a criminal act and no one has ever been prosecuted for downloading a song.
I have never heard of anyone being prosecuted for TxR for downloading a song, though I can certainly see it happening. In Georgia, if you obtain property that you know (or should have known) to be stolen, then you are guilty of TxR. I think there criteria would be met if someone downloads a song via Limewire, etc.
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Old 10-17-2010, 12:35 PM
 
713 posts, read 3,171,256 times
Reputation: 546
Just use thepiratebay much safer, just need to be smart in what you download since some are put there by companies to track IPs.
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Old 10-17-2010, 12:57 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 33,789,777 times
Reputation: 2661
Quote:
Originally Posted by Nite Ryder View Post
I hope you and everyone else reading this knows you are wrong! Most all states have a law referred to as: "Receiving Stolen Property", another charge that can be used is: "Theft By Receiving". Downloading anything with a Copy Right on it is against the law, end of story. I doen't matter if the seller is changing more than his product is worth, if you don't like it don't buy it. But, if you steal it you could get into serious trouble. There is more to it than saying it is not on your machine.
You are being a little silly. Every HTML document you download is arguably copyrighted. The entire web is all copyrighted material. So if you take yourself literally all you can download is that which you have written. Note that web sites standardly are copyrighted...sometimes noted on the site or in the code...but does not have to be.

There is no such thing as a "copyright on it". Everything written by a human is copyrighted.

I would be very skeptical of a copyright decision against one who simply downloads....the issue is those who then make it available for upload.
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Old 10-17-2010, 04:10 PM
 
40,161 posts, read 41,766,549 times
Reputation: 16735
Quote:
Originally Posted by olecapt View Post
You are being a little silly. Every HTML document you download is arguably copyrighted. The entire web is all copyrighted material. So if you take yourself literally all you can download is that which you have written. Note that web sites standardly are copyrighted...sometimes noted on the site or in the code...but does not have to be.

There is no such thing as a "copyright on it". Everything written by a human is copyrighted.

I would be very skeptical of a copyright decision against one who simply downloads....the issue is those who then make it available for upload.
Nothing to argue, as soon as you create something original whether it's an image, video, text, code, art...etc it is copyrighted by you the author. The difference in how it can be distributed is the licensing terms, the author can set any terms they want for the content you are downloading. If you want to redistribute or save that content after you have downloaded it you would need to abide by what the author has decided. If you cannot determine what it is then you're risking infringement by distributing it. Saving a copy gets into a gray area because browsers do this anyway but this is a temporary copy and I believe there is some specific sections in copyright law that address this.

Downloading copyrighted songs where the licensing terms forbid redistribution of copies is completely different situation.
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Old 10-17-2010, 09:15 PM
 
Location: Mableton, GA USA (NW Atlanta suburb, 4 miles OTP)
11,319 posts, read 22,730,215 times
Reputation: 3895
Quote:
Originally Posted by Nite Ryder View Post
I hope you and everyone else reading this knows you are wrong! Most all states have a law referred to as: "Receiving Stolen Property", another charge that can be used is: "Theft By Receiving". Downloading anything with a Copy Right on it is against the law, end of story. I doen't matter if the seller is changing more than his product is worth, if you don't like it don't buy it. But, if you steal it you could get into serious trouble. There is more to it than saying it is not on your machine.
There are many items which are "copyrighted" which can legally be downloaded due to a license which allows for such activities.

Firefox is one. Linux is another.

There are also movies and music that are legitimately distributed under similar licenses. Youtube, for example, is filled with such material.

The main issue is the license. Downloading something in violation of the copyright owner's stated license is a violation of the law.

I generally agree that one should attempt to find the actual copyright owner and determine the license of pictures, music files, and the like. If you can't find those, it's probably best to err on the side of the law and not keep or use those materials.
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Old 10-17-2010, 10:22 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 33,789,777 times
Reputation: 2661
Quote:
Originally Posted by thecoalman View Post
Nothing to argue, as soon as you create something original whether it's an image, video, text, code, art...etc it is copyrighted by you the author. The difference in how it can be distributed is the licensing terms, the author can set any terms they want for the content you are downloading. If you want to redistribute or save that content after you have downloaded it you would need to abide by what the author has decided. If you cannot determine what it is then you're risking infringement by distributing it. Saving a copy gets into a gray area because browsers do this anyway but this is a temporary copy and I believe there is some specific sections in copyright law that address this.

Downloading copyrighted songs where the licensing terms forbid redistribution of copies is completely different situation.
Cite a source. Where is the "license terms" written on a file?

I suppose that a copyright holder may put on his web site that downloading is allowed only by those of whom he approves...but that would not normally be readable until after you download it.

Think about it...the whole thing is absurd. The entire web is copyrighted. No one knows what the license terms are yet we all open sites all the time.

If dowloading is a crime we are all guilty. Now let us hear who and how it will be enforced.
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Old 10-18-2010, 02:44 AM
 
40,161 posts, read 41,766,549 times
Reputation: 16735
Quote:
Originally Posted by olecapt View Post
Cite a source. Where is the "license terms" written on a file?
Some sites may have these terms, for example we have a monthly live broadcast from my site which we also archive as a file. Each show is released under a license that allows redistribution except for commercial purposes. Both the copyright and the licensing terms is in the meta data within thelive stream, the file and on another page on the site itself. Suppose someone downloaded one of these files and then stripped this information and sent it to you, it is your responsibility to find out what is. If you cannot determine what it is then it would be in your best interests to consider it a strict license, no copy, no redistribution etc.

Quote:
I suppose that a copyright holder may put on his web site that downloading is allowed only by those of whom he approves...but that would not normally be readable until after you download it.
If the site owner wanted to do that they would have to make a reasonable effort to protect their content. For example some larger newspapers provide content behind a subscription service that requires a login, if you shared that login information with another person both of you would be in violation of the license. A simplified analogy in the physical world would be a newspaper inside one of those metal boxes, you're not breaking the law reading the front page through the glass.

Quote:
If dowloading is a crime we are all guilty. Now let us hear who and how it will be enforced.
This is what courts are for, the only cases I'm aware of where "Joe Six Pack" is involved are the civil ones where the copyright owner or their representatives have sued and that is where they should stay.

Last edited by thecoalman; 10-18-2010 at 03:01 AM..
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Old 10-18-2010, 08:29 AM
 
Location: Cartersville, GA
1,255 posts, read 3,028,898 times
Reputation: 1085
Don't feed the troll.
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Old 10-18-2010, 07:19 PM
 
15,924 posts, read 17,643,650 times
Reputation: 7645
Quote:
Originally Posted by Nite Ryder View Post
I hope you and everyone else reading this knows you are wrong! Most all states have a law referred to as: "Receiving Stolen Property", another charge that can be used is: "Theft By Receiving". Downloading anything with a Copy Right on it is against the law, end of story. I doen't matter if the seller is changing more than his product is worth, if you don't like it don't buy it. But, if you steal it you could get into serious trouble. There is more to it than saying it is not on your machine.
Ahhh, an RIAA employee speaks up
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Old 10-18-2010, 09:42 PM
 
713 posts, read 3,171,256 times
Reputation: 546
At the moment there is a lot of internet warfare going on O.o Fans of the popular piratebay are DDoS attacking anti-piracy companies and bringing their sites down and other pirate sites are joining the fight to make piracy legal.

Big media website gets hacked by pirate bay fans - The Inquirer
Anonymous Strikes Again; DDoS Attacks Spain’s Copyright Society - The New New Internet
‘Operation Payback’ DDoS attacks: a summary of events so far | MyCE – My Consumer Electronics

The group called Anonymous are attacking the Motion Pictures Association of America along with other sites that aim to stop the pirate bay and other torrent sites from pirating DVDs,music, other stuff.
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