Legal aspects of file sharing

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The bill provoked protests in many forms. It has been reported that Spain has one of the highest rates of file-sharing in Europe. The last thing you would want is to get in trouble with the wrong people. According to Dutch law reproduction of a literary, science, or art work is not considered a violation on the right of the creator or performing artist when all of the following conditions have been met:. Archived from the original on 22 June As a solution, the best possible way to start torrenting without potentially being detected by the authorities is by using privacy protection services in the form of VPNs.


File sharing allows any file to be reproduced and redistributed indefinitely. Therefore, the reasoning is that if a copyrighted work is on a file sharing network, whoever uploaded or downloaded the file is liable for violating the copyright because they are reproducing the work without the authorization of the copyright holder or the law. The fundamental question, "what use can a P2P file-sharing network's customers make of the software and of copyrighted materials without violating copyright law", has no answer at this time, as there has been almost no dispositive decision-making on the subject.

This issue has received virtually no appellate attention, the sole exception being BMG Music v. Gonzalez , [81] a decision of the U. Court of Appeals for the Seventh Circuit, which held that where a defendant has admitted downloading and copying song files from other users in the P2P network without permission of the copyright holders, she cannot claim that such copying is a "fair use".

Since Gonzalez involves a defendant who had admitted to actual copying and downloading of songs from other unauthorized users, it is of limited applicability in contested cases, in that it relates solely to the reproduction right in 17 USC 1 , and has no bearing on the 17 USC 3 distribution right.

A series of cases dealing with the RIAA's "making available" theory has broad implications, not only for the subject of P2P file sharing but for the Internet at large. The first to receive a great deal of attention was Elektra v. Barker moved to dismiss the complaint, contending, among other things, that the RIAA's allegation of "making available" did not state any known claim under the Copyright Act.

Barker case was argued before Judge Kenneth M. Karas in Manhattan federal court on 26 January , [91] and decided on 31 March The decision rejected the RIAA's "making available" theory but sustained the legal sufficiency of the RIAA's pleading of actual distribution and actual downloading. Additionally, the Court suggested to the RIAA that it might want to amend its complaint to include a claim for "offering to distribute for purposes of distribution", but gave no guidance on what type of evidence would be required for an "offer".

The Court's suggestion that merely "offering" to distribute could constitute a violation of the Act has come under attack from William Patry, the author of the treatise Patry on Copyright. Three other decisions, also rejecting the RIAA's "making available" theory, came from more unexpected sources. The Barker decision was perhaps rendered anticlimactic by the decision of Judge Janet Bond Arterton, from the District of Connecticut, handed down six weeks earlier, in Atlantic v.

Brennan , [94] rejecting the RIAA's application for a default judgment. Brennan , like Barker , rejected the RIAA's "making available" theory, but unlike Barker it found the RIAA's specificity on the other issues to be insufficient, and it rejected the conceptual underpinnings upon which Judge Karas based his "offer to distribute" idea. And Barker was perhaps overshadowed by the decision of Judge Gertner, rendered the same day as the Barker decision, in quashing a subpoena served on Boston University to learn the identity of BU students, in London-Sire v.

And then came the decision of the District Judge Neil V. Wake, in the District of Arizona, in Atlantic v. Howell strongly rejected both theories as being contrary to the plain wording of the Copyright Act. The Court held that "Merely making a copy available does not constitute distribution The statute provides copyright holders with the exclusive right to distribute "copies" of their works to the public "by sale or other transfer of ownership, or by rental, lease, or lending.

Unless a copy of the work changes hands in one of the designated ways, a "distribution" under The next critical decision was that in Capitol v. Thomas , which had received a great deal of media attention because it was the RIAA's first case to go to trial, and probably additional attention due to its outsized initial jury verdict.

The RIAA had prevailed upon the trial judge to give the jurors an instruction which adopted its "making available" theory, [] over the protestations of the defendant's lawyer.

Davis set the verdict aside, and ordered a new trial, on the ground that his instruction to the jurors—that they did not need to find that any files were actually distributed in order to find a violation of plaintiffs' distribution right—was a "manifest error of law".

There may be indications that the RIAA has been jettisoning its "making available" theory. In a San Diego, California, case, Interscope v. Rodriguez , where the Judge dismissed the RIAA's complaint as "conclusory", "boilerplate", "speculation", the RIAA filed an amended complaint which contained no reference at all to "making available".

In its place, it is apparently adopting the "offer to distribute" theory suggested by Judge Karas. In the amended complaint the RIAA filed in Barker , it deleted the "making available" argument—as required by the judge—but added an "offer to distribute" claim, as the judge had suggested. Secondary liability, the possible liability of a defendant who is not a copyright infringer but who may have encouraged or induced copyright infringement by another, has been discussed generally by the United States Supreme Court in MGM v.

Grokster , [75] which held in essence that secondary liability could only be found where there has been affirmative encouragement or inducing behavior. On remand, the lower court found Streamcast, the maker of Morpheus software, to be liable for its customers' copyright infringements, based upon the specific facts of that case.

Universal City Studios, Inc. Although this decision predated the widespread use of the Internet, in MGM v. Grokster , the U. Supreme Court acknowledged the applicability of the Betamax case to peer-to-peer file sharing, and held that the networks could not be liable for merely providing the technology, absent proof that they had engaged in "inducement.

The Electronic Frontier Foundation EFF seeks to protect and expand digital rights through litigation , political lobbying , and public awareness campaigns. The EFF has vocally opposed the RIAA in its pursuit of lawsuits against users of file sharing applications and supported defendants in these cases.

The foundation promotes the legalization of peer-to-peer sharing of copyrighted materials and alternative methods to provide compensation to copyright holders. Five Years Later", [] concluding that the campaign was a failure.

Several months later, it was reported that the RIAA was suspending its litigation campaign, [] followed by a report that it had fired the investigative firm SafeNet formerly MediaSentry operating on its behalf. A study ordered by the European Union found that illegal downloading may lead to an increase in overall video game sales because newer games charge for extra features or levels. The paper concluded that piracy had a negative financial impact on movies, music, and literature.

The study relied on self-reported data about game purchases and use of illegal download sites. Pains were taken to remove effects of false and misremembered responses. From Wikipedia, the free encyclopedia.

This article contains weasel words: Such statements should be clarified or removed. This section may contain indiscriminate , excessive , or irrelevant examples. Please improve the article by adding more descriptive text and removing less pertinent examples. See Wikipedia's guide to writing better articles for further suggestions. United States copyright law. Archived from the original on 23 April Retrieved 16 January Archived from the original on 26 February Archived from the original on 27 May Retrieved 17 April Archived from the original on 5 October Retrieved 26 May Archived from the original on 4 October Archived from the original on 11 February A Declaration for Europe.

Archived from the original on 20 December Retrieved 20 December Archived from the original on 27 October Court of Justice of the European Union. Archived from the original on 19 December Combating Piracy And protecting privacy: Archived from the original on 14 October Norwegian Consumer Council warns consumers not to sign letter of guilt". Archived from the original on 26 October Archived from the original on 1 March Retrieved 31 January Archived from the original on 24 December Retrieved 26 December Archived from the original on 28 March Archived 7 April at the Wayback Machine.

University of Texas Masters Thesis. Archived 19 April at the Wayback Machine. Archived from the original on 20 April Retrieved 11 June Archived from the original on 12 November Retrieved 12 November Retrieved 27 May Archived from the original on 25 October Archived 5 March at the Wayback Machine. Archived from the original on 27 September Retrieved 23 September Archived from the original on 12 June Retrieved 25 May Archived from the original on 15 September Retrieved 27 August Archived from the original on 22 June Archived from the original on 23 February Retrieved 12 March P2P sharing is not illegal".

Y nadie nos ha detenido". Archived from the original on 14 September Archived from the original on 2 June Archived from the original on 10 February Archived from the original on 1 February Retrieved 17 February Archived from the original on 4 February Archived from the original on 30 December Archived from the original on 22 July Archived from the original on 25 September Retrieved 16 December Archived from the original on 7 December Archived from the original on 23 August Archived from the original on 3 June Archived from the original on 13 December Archived from the original on 2 April Archived from the original on 8 December Archived from the original on 10 September Archived from the original on 7 September Libraries, Museums, and Archives: Opposition to the Digital Economy Bill.

Archived from the original on 20 July Retrieved 4 October Last accessed 30 March Archived from the original on 20 October Archived from the original on 25 December Archived from the original on 21 January Archived from the original on 27 December Archived from the original on 24 February Archived from the original on 24 January Archived from the original on 5 January Archived from the original on 20 November Retrieved 18 November Archived from the original on 28 August Archived from the original on 9 March Archived from the original on 18 January Barker" Archived 5 April at the Wayback Machine.

The People, 31 March The People, 25 February Does 1—21" Archived 10 April at the Wayback Machine. The People, 3 April Howell" Archived 16 January at the Wayback Machine. Howell see "Atlantic Recording Corp. Howell" Archived 6 May at the Wayback Machine. For the amicus curiae brief submitted by the Electronic Frontier Foundation in support of Mr. The People, 4 October It is similar to x in the sense that Torlock has a website interface that is very impressively designed in terms of functionality and appearance.

If you want to talk about facts, we will give you facts that will always be etched in your memory. For starters, the torrent site indexes more than 3 million torrents and it also has its own dedicated magnet links of varying categories of content so you will never waste time in firing up a torrent client and begin receiving necessary files for a movie, TV show, and more.

If you want a wide range of content when it boils down to searching for movies, TV shows, games, music and so much more, The Pirate Bay has everything that you could ask for. RARBG initially started out as a Bulgarian tracker but has melted the hearts of those who are extreme movie buffs and want an endless content run of the latest flicks.

In addition to movies, finding TV shows are also going to be a very common sight which is why it has found its place as one of the top torrent websites on the planet. According to some statistics, RARBG managed to obtain a top ranking of 5 last year in Alexa, though there are some that state that the only time it was on the top ten was in the year Once again, we shall reiterate that you should not use Alexa as an accurate tool of ranking, but the fact that this website even ended up being on the top ten list is very impressive in its own right.

There are also various resolution plus image quality movies and TV shows that you will find on this website so if you have adequate space on your hard drive, get downloading right away. Bobtor has managed to find a place in our list as it has rightfully made its way into one of the most popular and best movie torrenting sites around.

It has a website interface that is very impressively designed in terms of functionality and appearance. For starters, Bobtor mainly focuses on movies and serials, though it has less amount of movies than popular sites but they are currently expanding their database so you can expect better in coming days and it also has its own dedicated magnet links of varying categories of content so you will never waste time in firing up a torrent client and begin receiving necessary files for a movie, TV show, and more.

If you browse around top torrent websites looking for the latest and greatest content, you will know that there are name variations of such websites, and this can lead to a lot of confusion for the reader. To sum everything up, YTS. Another added benefit to downloading movies from YTS is that it is able to provide you with a decent quality of movies and in less space.

After running through some hiccups last year when it attempted to dodge privacy and security concerns, x is back with a bang and has established itself as one of the most popular torrent downloading websites, but mainly for movies. While it does store a list of games and software, you will find other alternatives more suited to your purpose when it comes to downloading speeds and available seeders.

However, if you happen to be searching something old but deems a strong level of importance to you, there is a massive chance that you will find what you need. You will still need to keep an eye out on the seeder counter because with a small number of seeds, you will not be able to experience the speeds you desire, irrespective of how fast your internet connection is.

However, you will be filled with joy to hear that it features magnetic links, which immediately directs you to torrent clients if you have one installed on your computer and start downloading that specific torrent. EZTV used to be an original TV-torrent distribution group but it got shut down thanks to a hostile takeover, which took place in Its ranking is slowly growing to the top of the food chain and so is the monthly million users counter.

This reveals that slowly but surely, EZTV is going to become one of the highest ranking torrent downloading sies on the planet, but that will just be for a specific category.

That is a battle which we will be looking forward to. There was no denying the fact IsoHunt welcome pirated content with great love and by , this impressive torrent website was sharing around 14 petabytes of content.

Unfortunately, a series of events led to the closure of IsoHunt in but there was always a way to bring it back. However, these replacements came back in the form of IsoHunt mirrors, which you now know as IsoHunt. When you browse around IsoHunt. Looking at the popularity of The Pirate Bay, it is more than possible that you might not find something on IsoHunt. Do a fair bit of digging and we are confident that you will be able to find your suitable torrents for entertainment or education purposes.

Turns out that there is a mirror website of ExtraTorrent called ExtraTorrent. There was one very unusual thing that we found about ExtraTorrent.

Whenever we opened the website, our CPU usage went up to 99 percent, which was a very puzzling thing to encounter. Either this is a bug in the torrent website that they need to address, or it is something else that we have not been able to pinpoint.

Best of all, the interface of the website is neat and clean, allowing for seamless traveling and navigation between various pages without getting confused in the middle. Torrents are nothing but files of a few kilobytes without a torrent client installed on your computer.

To get the actual files you want on your local storage, you will require some of the best torrent clients for a various number of supported operating systems. Luckily for you, we recently covered a list of the 10 popular free torrent software for three popular platforms, Windows, Mac, and Linux.

For added measure, we have also included some terrific free torrent clients that support Android, because you never know when people want to move this storage to their phones. Most of you might not be aware of this but there has been a sudden increase in activity when it comes to law enforcement authorities on the shutting down of torrent download sites and arresting perpetrators.

Most countries are already dealing with so many problems that they cannot invest the time, money and effort to curb torrent-downloading activities but developed countries are where such laws are quite strict. As a solution, the best possible way to start torrenting without potentially being detected by the authorities is by using privacy protection services in the form of VPNs.

ExpressVPN , Private Internet Access VPN , and IPVanish are some of the few services that are known to help out users in remaining anonymous when browsing best torrenting sites and downloading files, so try these out and start browsing when you switch on your machine. Before you aim to get a boatload of content installed and running on your computer, know that there are several risks involved while using BitTorrent sites.