So then... 'bout those torrents?

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Lovelocke

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Fans of file sharing should be well acquainted with the verdict of the trial involving The Pirate Bay founders/owners, but the fallout appears to be even more vague than the initial question: "Are torrents illegal?"

The day the verdict of "Guilty" was read, two unique happenings occurred: First, people who were afraid of being "tracked" or "linked back" to The Pirate Bay rushed and cleared out their HDs of all torrents, pending some form of announcement that "It's okay to download again"... and simultaneously, there was a flood of people going to The Pirate Bay for the very first time to see what "The largest distributor of illegal content looked like".

The owners of the site, knee-deep in it though they may be, maintain that "Regardless of the verdict, the website is still safe for our users"... further reports suggest that the FBI doesn't even *care* about Torrents, and that all investigative work is being handled exclusively by RIAA/MPAA officials who then report their findings to law enforcement agencies.

And then you have people like me, who wish to dive deeper into the verdict... the owners of "The Pirate Bay" based their entire defense (that didn't work) on the fact that the actual data contained in, say, "Super Smash Brothers Brawl.torrent" was NOT illegal... it was just data used to connect one user to another, and any illegal transmission that occurred as a result of "Super Smash Brothers Brawl.torrent" happened due to exclusive data transfer between peers.

As we now know, that defense didn't work for the gentlemen... of course, taunting the prosecution in your trial on the front page of your website for over a year probably didn't help either.

This raises the question, "Have torrents been conclusively proven, in a court of law, to be illegal... or do you believe that torrents remain unharmed, and the only crime was committed by Pirate Bay Owners for willfully facilitating illegal data transfer by not being more closely involved with the content posted on their site, implied or otherwise?"

It's the old arguement, "Guns don't kill people, people who pull the trigger do."
 

taloz

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Apr 16, 2009
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I think torrents themselves are legal using them to access illegal files are not
 

Leorex

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the fbi dosent care about porn, thats all i download illigaly, every thing else i download i already own.
 

midpipps

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Feb 23, 2009
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taloz said:
I think torrents themselves are legal using them to access illegal files are not
This

I have used torrents for many free programs that the main sites of the developers of the programs point you to torrents. From Linux Distros to camstudio.
 

ZeroMachine

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Torrents themselves aren't illegal... it's the things they may be used for. A torrent for a movie that someone made and is making no money off of (like indie movies and the like) is fine. A torrent for a movie like Iron Man or Changeling is illegal.
 

Nmil-ek

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taloz said:
I think torrents themselves are legal using them to access illegal files are not
Bingo its equivalent to saying all .jpg files are illegal because they contain copyrighted images of movies, or al mp3s etc. You really cant put limitations on files.
 

Gruthar

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Mar 27, 2009
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The Pirate Bay founders were convicted under Swedish law; the conviction is, naturally, under appeal. U.S. law and that of many other nations does not make the torrents, nor the distribution of those torrent files, illegal. You are only breaking the law once you physically have the copyrighted/licensed material in your possession (in other words the stuff the torrent file is pointing to.) Usually, though, the FBI/RIAA/MPAA, etc. will only target the people who are directly hosting or distributing the file. If TPB was hosted in the US or another country with similar laws, I don't think they would have ever gone to court.
 

Avatar Roku

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taloz said:
I think torrents themselves are legal using them to access illegal files are not
Not so much "illegal" files, "copyrighted" files. Slight difference, other than that you're right.
 

Valiance

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I can go to thepiratebay.com and refresh the page one thousand times, and I have done nothing illegal.

I can go to thepiratebay.com and download an open office torrent, and I have done nothing illegal.

There are plenty of illegal uses, but the torrents themselves are not illegal.
 

jymkata

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Jan 25, 2009
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orannis62 said:
taloz said:
I think torrents themselves are legal using them to access illegal files are not
Not so much "illegal" files, "copyrighted" files. Slight difference, other than that you're right.
Can be both
Illegal porn, Movies, all the same
 

Avatar Roku

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jymkata said:
orannis62 said:
taloz said:
I think torrents themselves are legal using them to access illegal files are not
Not so much "illegal" files, "copyrighted" files. Slight difference, other than that you're right.
Can be both
Illegal porn, Movies, all the same
I see what you're saying. Yeah, that sounds right.
 

Agent Larkin

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ZeroMachine said:
Torrents themselves aren't illegal... it's the things they may be used for. A torrent for a movie that someone made and is making no money off of (like indie movies and the like) is fine. A torrent for a movie like Iron Man or Changeling is illegal.
I agree with that idea about the movies.

And now what are anyones feelings about downloading old games by torrent I downloaded Imperialism because i love that old game so much.
 

Gladion

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MaxTheReaper said:
Here's the bigger question: Do I care.

MmmmmmmmmmmmmmmmmmmNO.
Who cares if it's against the law? Laws are pointless.
In that case I should go and kill you now.

Besides, I hardly believe this really is the bigger question to others :]
 

Gruthar

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MaxTheReaper said:
Here's the bigger question: Do I care.

MmmmmmmmmmmmmmmmmmmNO.
Who cares if it's against the law? Laws are pointless.
So should we start the "Free Max" anarchist fund now, or...?
 

edinflames

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Two tools are coming to the net very soon that will either obsolete or reinforce the torrent system: 'Tribler' and the Pirate Bay's own 'iPredator'.

I won't go into how these work, but suffice to say the pirates are moving another step ahead of the law.
MaxTheReaper said:
Here's the bigger question: Do I care.

MmmmmmmmmmmmmmmmmmmNO.
Who cares if it's against the law? Laws are pointless.
Not pointless...just futile, like putting up a notice that says "you don't do this" ;)
 

HentMas

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Apr 17, 2009
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Lovelocke said:
This raises the question, "Have torrents been conclusively proven, in a court of law, to be illegal... or do you believe that torrents remain unharmed, and the only crime was committed by Pirate Bay Owners for wilfully facilitating illegal data transfer by not being more closely involved with the content posted on their site, implied or otherwise?""
Well, I think the matter in this case is that they are actually claiming responsibility over the owners of the page, not the actual users of the page

I find it obvious that they just found "guilty" a finite group of people and not the whole torrent sharing community... so I don't think they had proven ALL torrents to be an illegal mean to transfer data
 

Clashero

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Aug 15, 2008
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If I upload a bunch of photos to a .torrent file so my friend can see them, that's not illegal. However, if I upload an ISO image of a game I just bought so people can get it for free when they shouldn't, now that's illegal. The protocol is OK, it's the content that is a problem.