Technology Liberation Front: The Technology Liberation Front » Archive » Is Downloading Illegal? Wanna Bet?
Crosbie Fitch
· 2 years ago
A downloader is in receipt of: 1) A copy of a work no longer protected by copyright, OR 2) An authorised copy of a work manufactured by a publisher (web server), OR 3) An unauthorised copy manufactured by a pirate (large scale infringer).
Since when is being in receipt of an unauthorised copy a copyright infringement on the part of the recipient?
Your only hope to incriminate the downloader is to suggest that the recipient incited or commissioned the infringement...
The industry is trying to claim that 'making available' is an infringement. Can it also claim that 'taking what is made available' is also an infringement?
No doubt a new crime of 'being found in possession of an unauthorised copy' is on some senator's wish list, but it ain't law yet.
Tim Lee
· 2 years ago
Andrew,
I think it would be accurate to say that no one has ever been prosecuted simply for downloading files, would it not? I'm pretty sure the RIAA has thus far focused all of its legal firepower on unloaders and middlemen.
Craig
· 2 years ago
I agree that subsection 3 covers the issue. Where I disagree is the fact that they are voluntarily distributing their material over the radio. To me that means their intent is to distribute it to everyone.
All Comments
1) A copy of a work no longer protected by copyright, OR
2) An authorised copy of a work manufactured by a publisher (web server), OR
3) An unauthorised copy manufactured by a pirate (large scale infringer).
Since when is being in receipt of an unauthorised copy a copyright infringement on the part of the recipient?
Your only hope to incriminate the downloader is to suggest that the recipient incited or commissioned the infringement...
The industry is trying to claim that 'making available' is an infringement. Can it also claim that 'taking what is made available' is also an infringement?
No doubt a new crime of 'being found in possession of an unauthorised copy' is on some senator's wish list, but it ain't law yet.
I think it would be accurate to say that no one has ever been prosecuted simply for downloading files, would it not? I'm pretty sure the RIAA has thus far focused all of its legal firepower on unloaders and middlemen.