#1
I'm doing a research paper on the legality of downloading media (eg. Movies, music, TV shows, etc) and I'm reading through the bills concerning copyrights like the DMCA and the WIPO Copyright and Performances and Phonograms Treaties Implementation Act. I have to refute the claim that downloading is illegal, but I have no idea how to. Can anyone possibly give me a clue as to how someone can pull some sort of legality out of this?
KLH & KGB
11/28/09
#4
Its not physical, as in, you are not stealing the merchandise from a store.

If you download it 1, 1000, or 0 times, the stores feel the same effect.

If you stole 1000 CD's, then shit.
#5
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Fighting a losing battle, bro.

See, the thing is, I just have to present both sides. I'm clearly decided that it's illegal, but I need to know the central argument around its "legality."
KLH & KGB
11/28/09
#7
it's not legal, but you'd be hard pressed to stop it altogether. making laws you cannot uphold is completely and entirely pointless. maybe you should use that as your argument instead (if you can).
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#9
It's not legal but it's also not necessarily immoral. There's a difference.
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#10
It's never really an argument of it being legal, it's more an argument of it not being immoral.

Edit ->
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It's not legal but it's also not necessarily immoral. There's a difference.

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#11
now im sure this is quite a simplistic argument but unless something is explicitly illegal then it is technically legal maybe try to get an idea of the amount of legislate pertaining to piracy which specifically deals with online music theft then you'll have a sort of map of places where it isn't illegal in that sense to talk about if nothing else
#12
Yeah, I don't mean to cause a shit storm. I just needed a bit of information for my paper. If one starts up, I'll be more than happy to close the thread, I just thought I could learn a little bit from this.
KLH & KGB
11/28/09
#15
I had always been under the impression that just downloading was not illegal, but distributing was. So, people like thepiratebay are always getting in trouble, because they supply. And, downloaders can also get in trouble, because torrents upload as you download. But, if you don't upload any data at all, then you've done nothing wrong.

I don't know whats caused me to come to this conclusion though.
#16
Quote by Dirge Humani
I had always been under the impression that just downloading was not illegal, but distributing was. So, people like thepiratebay are always getting in trouble, because they supply. And, downloaders can also get in trouble, because torrents upload as you download. But, if you don't upload any data at all, then you've done nothing wrong.

I don't know whats caused me to come to this conclusion though.

Canada's copyright laws state that the downloading of copyrighted material is legal, but the uploading and sharing of copyrighted material is illegal. That isn't the case in the US, though.
KLH & KGB
11/28/09
#17
Downloading music is legal in some country's, Canada is a good example. You can download music all you want, but you can't seed torrents or upload music online. This however is supposed to be changing in a few months, I suggest you look at the Bill that they are trying to pass to make that happen (the name escapes me at the moment sorry) it also includes intellectual property rights ect.

Daytripper you made my day with that post, thanks!
#18
Its prohibition in the era of the internet. A law that is unenforceable is illegitimate.
#19
I use Mediafire, I don't get in trouble for downloading it, but the user who uploaded it does.
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#20
The way I think of it is, if they come around my house looking for lost revenue because I downloaded 100 million albums, it just makes a mockery of the whole thing, because I would never have bought those albums.
#21
There should be a service where you can download music while only paying in the form of watching/listening to advertisements or something. Spotify (and Pandora I think) is somewhat there with their commercials between songs.
#22
do you mean downloading in general (e.g. iTunes etc) or just the filesharing stuff?

if you mean generally, that's done by selling a license to possess a copy of that piece of media.

If you mean filesharing, then that is flat out illegal in the sense that it creates a copy of something without the author's permission. But given the cost and practical difficulties, it's usually ignored. The main targets are the distribution channels e.g. torrent index sites, filehosting sites, ftp servers etc.

If you have a more specific question I might be able to help. I mainly studied UK and EU IP law but if there's nothing else I might be able to point you in the right direction.
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#23
It's illegal according to man's law. Maybe you're Henry David Thoreau. Maybe you argue there's a higher law to follow.
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#24
Its not the downloading that is ilegal but the failure to pay for it. A bit simplistic I know but as long as you pay your .99 it is not ilegal, see my point you've changed the question, it would be like walking out of a store with a candy bar, leaving the store is not ilegal, stealing the candy bar is. Make sense or am i just nucking futs?