Home » General Discussions » General Discussion » file sharing, LEGAL w/ friends?
| file sharing, LEGAL w/ friends? [message #48359] |
Sat, 20 September 2003 18:32  |
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ive heard that sharing files (mainly music) with friends is LEGAL, is it? (1 "no" or "yes" is not enough, i need alot of replyes to this 1!!)
"you cant demand respect, you have to earn it." -- Dufis791 (me)
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| file sharing, LEGAL w/ friends? [message #48363] |
Sat, 20 September 2003 18:48  |
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k.....
YES=1
NO=1
keep 'em coming, some proof would b nice! (a sitestating the answer ect)
"you cant demand respect, you have to earn it." -- Dufis791 (me)
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| file sharing, LEGAL w/ friends? [message #48378] |
Sat, 20 September 2003 19:38 |
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boma57
Messages: 581
Registered: April 2003
Karma: 0
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Colonel |
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Well, I'm too lazy to look up actual proof, but I can tell you that "Ever noticed that P2P applications, that alow you to downoad FREE music, movies, ect, are ILLEGAL?" isn't true.
Napster was illegal, yes. So it got shut down.
Kazaa and all the remaining P2P programs work differently, and are not illegal. It's how you use them that can be.
For a metaphor, lets think of Kazaa as a car. You drive it around town, having fun (downloading legal files), but then you intentionally hit someone (download an illegal file). What you did was illegal, owning or using the car was not, though. Could someone go after the car manufacturer because you killed someone with their car? No, of course not.
Napster functioned differently, though. It would be the equivalent of a car specifically designed for killing people.
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| file sharing, LEGAL w/ friends? [message #48379] |
Sat, 20 September 2003 19:41 |
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lol, i knew that 1 already, and good metaphor.
the lisence agreement 4 KaZaA states that u may not use it for d/l ing or sharing illegal content (i d/l ed it just to read the agreement), but it is obvios they knew thats what it was going to mainly b used for
"you cant demand respect, you have to earn it." -- Dufis791 (me)
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| file sharing, LEGAL w/ friends? [message #48397] |
Sat, 20 September 2003 21:41 |
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warranto
Messages: 2584
Registered: February 2003
Location: Alberta, Canada
Karma: 0
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General (2 Stars) |
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Legally speaking, (and being explicit with what the law states) No it's not legal.Copyright law states that willful infringement...
1) for purposes of commercial advantage or private financial gain, or
(2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000,
can have legal consenquences.
HOWEVER....
when dealing with sound recordings and such, the law differs...
1101. Unauthorized fixation and trafficking in sound recordings and music videos
(a) Unauthorized Acts. — Anyone who, without the consent of the performer or performers involved —
(1) fixes the sounds or sounds and images of a live musical performance in a copy or phonorecord, or reproduces copies or phonorecords of such a performance from an unauthorized fixation,
(2) transmits or otherwise communicates to the public the sounds or sounds and images of a live musical performance, or
(3) distributes or offers to distribute, sells or offers to sell, rents or offers to rent, or traffics in any copy or phonorecord fixed as described in paragraph (1), regardless of whether the fixations occurred in the United States,
This basically states that recording a song to your hard drive (and yes downloading a song is considered to be recording onto your hard drive), or distributes a song can have legal action... regardless if you live in the United States or not.
Edit: this was taken straight from the US copyright office, located here
http://www.loc.gov/copyright/title17/
Edit2: a phonorecord is any medium the recording is made onto. (CD, Audio Tape video tape, Vinal Record, et cetera)
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| file sharing, LEGAL w/ friends? [message #48427] |
Sun, 21 September 2003 04:36 |
MonkeyPhonic
Messages: 75
Registered: August 2003
Karma: 0
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Recruit |
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The difference is that by file sharing you are keeping the recording AND passing it on. A second hand CD is ONLY passing it on. File sharing is more like taking a load of copies and selling them at a yard sale, which is infringing on other peoples rights and just as illigal.
Everybody likes free stuff, I've seen movies, listened to songs from file sharing progs. Just don't try and make out like it's your right.
| Taximes |
I think file sharing of any sort should be legal, once you buy that CD it's yours to do what you want with as long as you don't infringe upon the rights of others. Copyright? Pffft. It's not infringing on a Copyright. Yeah, it's being redistributed. So? What do you call selling CDs at a yard sale if not redistribution? A used CD store? I'd like to see the RIAA go after those next and get a nice big giant government foot up their ass.
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| file sharing, LEGAL w/ friends? [message #48462] |
Sun, 21 September 2003 09:57 |
MonkeyPhonic
Messages: 75
Registered: August 2003
Karma: 0
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Recruit |
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Is that US law? I'm sure it's different over here in the UK.
and for the purpouse of comercial advantage or private gain is nice n vague.
The law is behind electronic distribution, it's to new a medium and law takes a long time to catch up.
My point was that moraly speaking, file sharing is a form of theft. You can dress it up all you want with proclamations of how record companies are huge greedy and corrupt, and so on. But like it or not, piracy screws the industry. The more you pirate, the more a record company takes losses, the more they take losses the more they go for safe main stream and ultra bland options and the chances of new and interesting music being supported becomes even more minimal.
A small amount of piracy in some ways can be beneficial, but pirating on the current scale as more and more people have access to broad band will give us a top 40 that sounds like being stuck in a permanent lift/elevator.
It may seem like it now, but believe me it could get worse.
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| file sharing, LEGAL w/ friends? [message #48467] |
Sun, 21 September 2003 10:13 |
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| MonkeyPhonic |
Is that US law? I'm sure it's different over here in the UK.
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The copyright laws default to the country in which the copyrighted object in question was copyrighted in. For example, if a video game, or music cd was created/copyrighted in America, the American copyright laws are used, doesn't matter if you're in America, or the UK. If the video game or music was created or copyrighted in the UK, the UK copyright laws are used, even if you live in America.
If you live in the UK, and you're ripping tracks from American music CDs (or downloading and redistributing tracks originally from American music CDs), you are subject to American copyright laws, in this case.
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| file sharing, LEGAL w/ friends? [message #48473] |
Sun, 21 September 2003 10:34 |
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| Quote: |
Now the logic behind this:
Who do you put on your buddy list? FRIENDS
Who are you alowd to share music and such with? FRIENDS
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Lol, now that's some pretty fucked up logic.
Who do you put on your buddy list? Not just friends, but Anyone. The reason for the buddy list is to let you know when that person is online. You can put your friends on it, or just people who you need to talk to as soon as they get online. If you just found out that your worst enemy has aim, and you know how to hack people through aim and really mess them up, and you put him on your buddy list so you know when he comes on so you can screw with him... Does this make him your friend?
And where exactly does it say that it's perfectly legal to rip tracks from CDs, and distribute them to everyone you consider your friend online?
.:Red Alert: A Path Beyond Modeler:.
E-mail: sirphoenixx@gmail.com
AIM: Sir Phoenixx
ICQ: 339325768
MSN: sirphoenixx@hotmail.com
Yahoo: sirphoenix86
If anyone needs any help with using 3dsmax, or gmax feel free to contact me.
My Gallery: sir-phoenixx.deviantart.com/gallery
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| file sharing, LEGAL w/ friends? [message #48485] |
Sun, 21 September 2003 12:07 |
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so tecnically geting/sharing files through AIM is LEGAL?
and 1 more thing, i dont put ne1 but friends (or aquantances) on my buddy list.
and thanx for yalls help.
SOME MORE PROOF WOULD BE REALY NICE!!!
"you cant demand respect, you have to earn it." -- Dufis791 (me)
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| file sharing, LEGAL w/ friends? [message #48495] |
Sun, 21 September 2003 12:59 |
MonkeyPhonic
Messages: 75
Registered: August 2003
Karma: 0
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Recruit |
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I don't know about the music industry, but in games the distribution is via the publisher and the copywright is their issue, any big publisher has teretorial coverage, so EA europ deals with european release, EA US deals with US and so on, so in games this is either not the case, or games publishers are very cautious. IE Renegade is released under european copy write in europe and US copywrite in the US.
If what you say is true then if you copied a US version of Renegade in the UK then the US copywrite would be in effect. At which point you start to realise the reason that copywrite lawyers drive expensive cars. Complecated laws lead to well fed lawyers.
| Sir Phoenixx |
The copyright laws default to the country in which the copyrighted object in question was copyrighted in. For example, if a video game, or music cd was created/copyrighted in America, the American copyright laws are used, doesn't matter if you're in America, or the UK. If the video game or music was created or copyrighted in the UK, the UK copyright laws are used, even if you live in America.
If you live in the UK, and you're ripping tracks from American music CDs (or downloading and redistributing tracks originally from American music CDs), you are subject to American copyright laws, in this case.
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| file sharing, LEGAL w/ friends? [message #48749] |
Tue, 23 September 2003 10:54 |
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warranto
Messages: 2584
Registered: February 2003
Location: Alberta, Canada
Karma: 0
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General (2 Stars) |
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| General Havoc |
| Sir Phoenixx |
Example:
It is legal for you to give or lend your friend your [insert name of band here] music CD.
It is not legal to burn your [insert name of band here] music CD, and give your friend that. (Unless you charge them.)
It is not legal to rip the tracks off of your [insert name of band here] music CD, and give that to people over the internet.
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I take it you messed that up first time  as the second point is saying it is legal to give your friend a backup of your music CD if you charge them.
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Uhh.. even I missed that point of his. :oops: What he should have said was... (sorry for the unrequested correction Sir. Phoinexx, but as stated it's wrong)
It is not legal to burn your [insert name of band here] music CD, and give your friend that. Regardless if you charge them or not.
However, once again, if you choose to sell them the original CD, as long as you don't make a profit from it, feel free to do so.
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