RSS Feeds: Downloading Pirated Anything Is NOT Illegal
I had an interesting discussion in an article thread on Plime about downloading pirated music that didn't start out that way. The other person said that he knew that downloading pirated music was illegal and that got me started.
In 2001, I spent hours and hours reading and researching this very topic, but for software. I had copies of the copyright acts and publications mailed to me from the Library of Congress (I couldn't find them on the Internet). I had a software program that I wanted to distribute and I wanted to find out what kind of legal protections I had from someone just taking the software and using it without paying for it.
I read every bit of information I could find, including case law. I studied the DMCA. Since then I have studied the NET Act. I have studied everything I could find. Guess what? I could not find a single line in any act that said that downloading anything was illegal, or even anything that could be construed to mean it.
There are organizations with websites that bluntly state that downloading pirated files is illegal but fail to cite a reference of any kind. I found one this evening and my discussion partner found another. They confuse the issues of file sharing and fair use with downloading as well as uploading.
I submit that there's a legitimate reason there is no law covering the downloads. I believe it's because you cannot know for certain that a file is pirated until it is in your possession. File names mean nothing. Fake music files planted on Kazaa prove it. Fake video files planted on torrent sites prove it. Even non-pirated files get named with titles that could be misconstrued as being pirated. I also believe that intent is insufficient to come to the conclusion that a person is attempting to download a pirated file.
I also submit that the videos preceding certain movies and other texts that state that "downloading pirated movies is stealing" are lies intended to spread FUD (fear, uncertainty and doubt). If a lie is repeated enough and in enough places, it can become the truth for a lot of people (or sheeple).
I am not a perfect person and I never claim to be. If you can cite a reference to an actual law that says anything to the effect that downloading a pirated file of any kind is illegal, you will be my blogging buddy for life (or until I don't blog anymore, whichever comes first).
Addendum: I have a few simple questions because everyone knows how sue happy the RIAA is: There are many, many more downloaders of pirated music than there are uploaders. Wouldn't it be more profitable and send a stronger signal if they were suing the downloaders for copyright infringement as well as the uploaders (file sharers)? Have you heard of a case yet? Can you point me to it?
Update: I'm not responding to any more comments. Please read my Followup to the Previous Article.
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Other guys are hypocrite, not admitting that they have downloaded copyrighted stuffs in the net for free…
Good to know they got a lot of scared down loaders to pay up already. maybe if they knew this they would not of settaled
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Copyright laws need some serious reworking. What we've got now doesn't seem to be protecting anybody.
The copyright office itself needs some serious reworking. I remember writing a proposal in one of my corporate issues classes a few years ago.
Basically, I wanted to see them only show copyrighted information on a computer, with government issued photo ID and log of who looked at what. I also think it should only be accessible in the office itself, despite the computers.
Personally, I'd add a $1 charge for everything looked at and give 6 months for books to be released. That way Harry Potter doesn't have to wait until the last minute to get an official copyright (and risk someone else hitting it first).
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This is all new to me. But what you presented certainly makes sense and I will definitely look into it more myself. Perhaps they really just need to go after the intentional file sharers rather than curious downloaders who may or may not be using the downloaded content.
I think Pirated music helps the original sale. The people who anyways buy originals won't turn to Pirated no matter what, and pirated music help to spread the word like forest fire that people come to know whats the hottest selling album and buy it.
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I think it's not illegal to download pirated anything. This is a new insight to me. THank you for pointing it out.
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Does not sound right concept to me. As I believe anything pirated is illegal. There is no way it can escape from the definitions of piracy, what say!
I believe you when you say you couldn't find anything law that said downloading is illegal. Much like how there is no law that states you have to pay your taxes in the states. Look it up.
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I'm closing comments on this post as of right now. It's ridiculous to argue ethics and morality against a discussion about what's illegal and what's legal.
Copyright infringement is a civil matter and only illegal in the context of a lawsuit. It has nothing to do with criminal law except when the US NET act is involved (piracy rings).
In essence, with civil matters, illegal isn't illegal until the court decides on a specific case. Individual acts of piracy are not covered by criminal law and every lawyer who reads this should know that. This is why the RIAA and MPAA have to sue people to stop it from happening.
Think about it. You won't get arrested for downloading "Hancock" via a torrent file, but you might get sued.