Are Torrents and Free Downloads Illegal?

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sheic99

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To continue beating this topic in, if you were to say download the torrent of say OpenOffice. Then, no it would not be illegal as it's an opensource program. But on the other hand, if you torrent Microsoft Office, then yes it is illegal.
 

sheic99

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midget_roxx said:
razer17 said:
Torrents and free downloads ARE NOT ILLEGAL

When someone says "I am downloading a torrent" Or "I am downloading an album for free" It doesn't instantly make them a pirate, nor are they doing anything illegal. WoW updater, for instance, uses a system like torrents to share downloads. Their are also TV shows, music, films and games that people give away for free on torrents. Now with that out the way:

Yes, it's technically illegal, no it won't ever go away, yes the entertainment industries need to keep up with the times. No I don't care that it's illegal, nor do I care that it's immoral.
So when you download a movie from bittorrent its completely legal then, eh? Or say some games from torrents that is legal too?
Depends on the copyright status of the game/movie/music/program in question.
 

Necator15

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midget_roxx said:
So when you download a movie from bittorrent its completely legal then, eh? Or say some games from torrents that is legal too?
As long as you're not uploading then, yup.
It's unethical by even the pirates' definition, but entirely legal*.
(At least in America)


*[sub]Well, it's legal on your end. On the person(s) uploading the file's end it's illegal[/sub]
 

Anarchemitis

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Torrents are legal.
The content on them has been a matter of international dispute for several years, and is still ongoing.
This picture may be of slight interest to you:

Saw it on a black background where "www.freemoviesonline.com" once stood.
 

mad825

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individual distribution is illegal however it would depend how many people we are talking about even so this is considered small time crime and would rather petty to enforce harsh laws partly because the amount of evidence that would be needed would be unsubstantial even for the court of law unless you had a full written statement with your confession in which case the punishment is likely to be the destruction of the evidence and a slap on the wrist

doing this via internet is different, when you post/upload information you are publishing this which can be accessed to hundreds of people (this may depend on the server's location country laws~) thus begins the argument of sale losses

mortality is a completely different argument, first one would have to define mortality and mostly then its an opinion
 

NoblePhilistineFox

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soapyshooter said:
Edit: Sorry about OP's definition of Fair Use is really wrong. Fair use is the ability to use limited copyrighted material (meaning a small amount, not an entire song or movie) for purposes of commentary, research, teaching, news reporting etc. That doesn't mean you can download a song, not pay for it and enjoy it.
as I said before, I learned that from a really lazy teacher and I didnt really trust what he was saying.
but thats the desrpition im goingwith, too lazy to change it
 

geldonyetich

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Yeah, big surprise that when 90% of PC gamers are pirating that the majority of people are telling you go ahead and give them free software. Of course, if you get prosecuted for distribution, like people do all the time [http://www.usatoday.com/tech/news/techpolicy/2005-03-07-az-teen-downloader-convicted_x.htm], it's you who suffer and not they. Contrary to popular belief, "legal" is not the same as "the FBI hasn't got around to identifying and convicting me yet."

Fair Use does not protect distribution of a copyrighted work due to effect upon the work's value [http://en.wikipedia.org/wiki/Fair_use#Effect_upon_work.27s_value]. Even in the event that you can find fair use in one particular (e.g. the "purpose and character" is distinctly non-profit) any violation of any of the other major parts of fair use law will prevent something from being fair use. Furthermore, even in the event that something looks like it complies in fair use in every way, the specifics of a case may prevent something from being considered under fair use.

I learned my understanding of Fair Use on a university level. You'll want to contact your teacher for clarification, because I think you're a bit confused on the specifics.
 

Timbydude

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Jul 15, 2009
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Torrents themselves are legal. But what's inside of it may or may not be legal to share.

People generally use torrents to download music/movies/games; such usage is 100% illegal and your so-called loophole does not apply here.
 

TheLaofKazi

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NoblePhilistineFox said:
First off,
Id like to say that I do not support or take part in Torrenting or any illegal activities, Im merely asking a question based on a description I learned in school.
so dont report me.

So I thought of a question for someone in a user group, and I decided to copy/past it here because I want to know your oppinions.
"Fair Use" is basically that if you Legally buy somthing, then you technically have intelectuall ownership of that copy, and as long as you dont gain a profit over that specific item then you can do basically anything you want with it,
which DOES include individual distribution.
but does it still apply to the internet is my question.
Its Immoral yes, but by that description is it Illegal?

and keep in mind, I learned all of this from an apethetic grade 10 teacher, so if my facts are wrong dont troll me
and please forgive my spelling.
Never heard of distribution being legal if you buy something. I know fair use is legal, but it has to prove a political, social or scientific point. The distribution thing sounds like a technicality that really doesn't mean anything, because it's really up to interpretation.

But how, exactly, is distributing things immoral? So is burning a CD for a friend is bad? Sure, it's not on the same scale as throwing it on the internet, but I fail to see how terrible piracy is when there isn't even much evidence that it's negatively impacting the media industry. In fact, there's even evidence that shows that piracy can be good for the industry.

Top 10 Most Pirated TV Shows of 2009 [http://torrentfreak.com/top-10-most-pirated-tv-shows-of-2008-081223/]

Oh man, shows like Lost and Heroes are losing money right and left due to all this damn piracy!

And it's not just about free stuff, here's a quote from the article:

"Perhaps even more importantly, the rise of unauthorized downloading of TV-shows is a signal that customers want something that is not available through other channels. Availability seems to be the key issue why people turn to BitTorrent."

I want to watch my shit whenever I want, wherever I want, and piracy allows that. No limitations, no DRM. It's my shit. I fucking downloaded all three seasons of Breaking Bad because my dad was getting sick of missing episodes of Breaking Bad because he couldn't always watch it at specific times it aired, and then having no way to catch up. Oh but there's that pay for On Demand shit! Woah! My Dad couldn't catch Breaking Bad when it aired, therefore he deserves to pay extra money to watch a show we are already paying monthly fees for.

And check this shit out! [http://moreintelligentlife.com/story/internet-piracy-is-good-for-films-1] Piracy helped a low-budget film reach a bigger audience. It sold well and made more money then expected.

"In the case of "The Man from Earth", 2,000 people who downloaded it encouraged 20,000 more to go and check it out in cinemas and WalMarts by giving it a top IMDB rating. By losing money on 2,000 viewers, the film made money on 20,000 more.
 

thenoblitt

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not always because torrents are just ways of transporting data so sure transporting a game to someone is illegal unless the person made it, but sending a family picture or something isnt,
 

NoblePhilistineFox

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TheLaofKazi said:
is that intelligent thought on the internet backed by fact and logic?
why...
I do believe that thats one of the signs of the apocalypse ^_^
I like you.
*adds to friends list*
 

mrdude2010

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it bothers me most how arbitrary the crackdowns on piracy is. its so pathetic they might as well not bother. busting a couple hundred college students for downloading death magnetic is just pointless. if they were going to enforce their piracy laws in a meaningful fashion, they should go after the people who actually make this stuff happen. the people who put together cracked copies of games. obviously, its nearly impossible to stop piracy, and their pathetic charade attempts to stop it do nothing but encourage it simply out of annoyance. most people who illegally download games plan on buying them legally if they like them, so it ends up being more like an expanded demo then anything else. and who really gives a crap about the music industry's profit margin? madonna made 125 million last year no one should care if a few people download her songs without paying for them
 

Canid117

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Are torrents legal? Technically yes it is the content they distribute that is illegal. Is it moral to steal songs on them? not really but it is even less moral to sue someone $250,000 for every song they downloaded in or to "Make an example of them." Thats not going to stop piracy or even slow it down and the guys who initiate the lawsuit know that. What it will do is make the RIAA a shitload of money along with the tears of a thousand children that they can use in their rituals to summon the chosen one.
 

manaman

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teh_pwning_dude said:
No. You buy the right to use it, and nothing else. Giving it to someone is to give them a right to use it, but they have not paid for it, as you are not the correct distributor and are sharing the IP of others.

Hence, illegal.
That is so wrong. First sale doctrine applies to everything. Well everything it seems except software. Which is ridiculous, and only that was because they have convinced everyone that it shouldn't - but that's another point. Think about a book. That is a piece of intellectual property as well. Think about what you are allowed to do with a book. Without a question you should be allowed to do that with a piece of software as well. Resale, lend (but never more then one install), give, use, modify, etc.

However distributing copies would be like scanning and printing out the pages. Just because you don't make any money off it does not make it right. You have to have permission from the copyright holder to copy any part of their text in any way not covered under fair use (like taking quotes from it).

Now maybe software does need some special restrictions against modifications, but you have to ask yourself why it should have the other restrictions. I can't think of any good reason.