Nonetheless, regardless of whose laws you break, the fines for illegal downloading are hefty. Similarly, felony-level violations could land you with a years if not decades long prison sentence. Going forward, felons must understand the charges that are being brought against them. After that, they can define the type of legal help that they need and potential defenses. The fair use doctrine and statute of limitations are both valid justifications in court.
At the end of the day, the scope of your infringement, your legal history, and the type of prosecution that you face will define your case. Some may be able to prove their innocence, while others may only have the option of negotiating a lower settlement and reducing their fines for illegal downloading.
You must be logged in to post a comment. Illegal Downloading Laws: The Basics While federal and state rules may treat this issue differently, there are common concepts that apply across the board. This applies to peer-to-peer sharing websites and platforms that allow users to install content for free. Copyright Infringement: This is another term for piracy.
Illegal downloading laws certainly apply to copyright infringement. Torrenting: A torrent is an online database that enables users to share and exchange digital files. Sharing and Selling: Luckily, illegal downloading laws sometimes treat sharing copyrighted content with friends or family and selling it differently.
However, both of them are still unlawful. Charges and Fines for Illegal Downloading: Civil vs Criminal Penalties Private and public entities, alike, enforce illegal downloading laws. They break them down as follows: Jail or Prison: In most cases, only users who attempt to sell or distribute pirated content such as through torrents will face incarceration.
Illegal downloading laws, when it comes to felony charges, carry a prison sentence of up to five years. Is Piracy a Felony? Why did you stream movies or download songs illegally? How often do you download or share content? Defenses for Copyright Infringement Your defense depends on whether you are currently facing charges or if you are a currently housed inmate.
What happens when the evidence against you is strong or if prosecutors obtained a warrant? Other Defenses In certain circumstances, you may still defend yourself even if the evidence of piracy is strong. Is piracy a felony when someone is facing criminal charges? Illegal Downloading Laws and Criminal Defenses There are two aspects that determine whether or not the federal government will file felony charges against copyright infringers.
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There are multiple groups and institutions worldwide that monitor and track Bittorrent usage. In general they fall into several categories: government institutions, Internet Providers, Research Institutions, for-profit anti-piracy groups.
How Torrents are tracked: There are two primary ways your torrent activity can be tracked. Torrent Downloads Tracked by your IP Address: This is the most common method of tracking torrent activity, because anyone can do it. This can include blocking or slowing accounts that frequently use bitorrent. If you value your privacy, we highly recommend using a secure VPN service like Private Internet Access Private Internet Access is extremely easy to use you can connect to a VPN server in a single click and instantly encrypt all your internet traffic, as well as instantly change your IP address to hide your true IP address in torrent swarms.
We highly recommend this one simple tool to all bittorrent users. Related: How to hide your torrent IP address. The VPN server encrypts all transferred data using a secret key like a really strong password.
No additional setup required. Connecting to a VPN server extremely easy. As they say, "It's not a crime, until you get caught" Surya Raman - Quora However, according to VPN providers , sharing and downloading unsanctioned copyrighted material is illegal, and this leaves torrents, those that provide the services, and those that use them in a very grey area.
Types of torrent policies of each country Countries where downloading is permitted for personal use Countries where downloading content is overlooked Countries where downloading illegal content in fined Countries that have shut down torrenting sites Where torrents are permitted and where they are not? Torrents legal countries in Asia Torrents legal countries in Europe Torrents legal countries in America Torrents legal countries in Africa. Tags torrents countries maps free copyrights claims.
Facebook Twitter Whatsapp Linkedin Pinterest. I write articles about everything. I live in New York city. A palm reader in India once told i will live the life of a magical gypsy and its important for the world that i tell stories of the many people i encounter on my journeys. That's what i am doing. You follow the law for the same reason that you hand over your wallet to the guy pointing a gun at you.
Because not handing over your wallet will hurt you probably more, not because you think it is morally right to hand over your wallet.
But you should follow it simply because of the trouble you can get yourself in by not following it. So, do not copy copyrighted stuff. Strongly disagree, in fact. I consider that it is morally wrong to HARM others. In fact, I think that frustrating others if at no cost, this frustration can be left, is actually harming others, and hence immoral. Nevertheless, that is the basis of intellectual property rights. They are fundamentally morally wrong in this respect. Of course, there is the practical difficulty of your self-published author, but this is simply because your self-published author is counting on the fact of being able to frustrate so many people in not having his works, and nevertheless be successful, that he can bring frustration in the minds of other people, so that afterwards he can ask a ransom for it.
He created the frustration by making his work known to exist, and then asked a ransom from people for them to get a copy which cost him 0.
There is a very simple solution to this: crowdfunding. When the author considers that the amassed funding is sufficient for him to create the work, then he can create it, and make it public. He has been remunerated for the effort he has been delivering on the basis of what people were willing to offer him for him to do his creative work. Both people willing to pay for his creative act and him were happy in doing what they did. In other words, what the author has been paid for, was his creative act.
He accepted a pay for a service, in the same way as my plumber accepts a pay for the work I want him to do in my kitchen. When the act was over, people were even. It is one of the aspects that has made our species successful. Intellectual property rights are at the basis of artificial scarcity in order to be able to pump money that is, goods and services with REAL scarcity from others.
They make illegal one of the basic properties of our human species: imitating, learning from others, transmitting to others, and improving. Imitating others is not theft: you do not harm them in any way. If you create something to show it to others to give them envy to LEARN from it that is, see it, read it, copy it, imitate it , then it is perfectly normal that others look at it, read it, copy it, imitate it.
You then being able to frustrate them from doing so legally, is inhuman and not morally right. If you want to be remunerated because you create something, you should negotiate your act of creation with those who would want you to create something. If I want my plumber to do some plumbing work in my house, I negotiate a price. However, once his work is over, he has been remunerated and we are even.
In the same way, anybody, any group of people can pay someone to do some creative work. As the further cost to copy that work is 0, it should be available to be copied as anybody likes.
Of course, if nor the author, nor the crowdfunders, are willing to put it at disposition of others, they have that right. Do you think that Leo should have no protection for the content he creates? Do you think that photographers should have no way of making money, except to crowdfund prior to taking each and every photograph?
The photographer should be paid to take a picture. For the service delivered of taking a picture, with his art, knowledge and skill. Well, then I better shut down Ask Leo!. My entire business is built around owning the rights to my own intellectual property.
People making a copy of something they have, to help out others, are not harming any body. Wanting to stop them from doing so, is harming the people they could have helped. Wanting to stop them from doing so except if they pay you, is what I call racket. I find racket immoral. Using the fact, that some individuals, like you, make some money using that technique too, to justify intellectual property rights, is comparable to the excuse that a large land owner exploiting the farmers on that land, uses, when he points to the oven of a bakery as the investment in capital that allows the baker to get a profit from it.
The oven of the bakery did cost resources. The land was there before the land owner or his ancestors took it for free or traded it against some mirrors. But that is small beer compared to the huge lever arms that intellectual property rights give to totally undeserved and distorted wealth accumulation by some groups and people, undeserved by all standards.
It is basically inhuman, in the same way as claiming that all land from here to the next mountain is mine and that all people living there now have to pay me some rent. I sell my advice, and I sell my service. It is a scarce resource, so it is normal that it has a price. I do not sign any paperwork with my customers: they do with my advice and code whatever they want. I have been paid for the service delivered. I have written a book in the past in Dutch — about pages on the merits of nuclear power.
I have worked for 3 years on it, and then I e-published it free of any rights. There are of the order of downloads per month of it, since about 8 years.
The reason is that I wrote the book because I wanted to say something, and not because I wanted to make a living from it. One day, someone asked me if I wanted to write a book on another subject.
I asked him if he wanted to pay me to do so. I used to use bittorrent to download games illegally, such as GTA and Minecraft. Soon after I began doing it, my ISP canceled internet to my house and invalidated the plan. I got a different ISP and continued making the same mistakes. Police came to arrest me 5 months later and I spent 5 years in prison. Is it possible to show stuff that person downloaded on his own pc via his own ip address to appear as my downloads because he was once using my wifi?
Downloading copyrighted material without permission — even if you do nothing — is illegal. The download made a copy. Whether that gets you in trouble I have no way to know. Comments violating those rules will be removed. Comments that don't add value will be removed, including off-topic or content-free comments, or comments that look even a little bit like spam. All comments containing links and certain keywords will be moderated before publication.
I want comments to be valuable for everyone, including those who come later and take the time to read. Search Ask Leo!
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