Comment by res0nat0r
12 years ago
> So it's illegal to violate an agreement you didn't enter in? That makes no sense, sugar.
Yes. Downloading an album or movie without paying for it is illegal. This isn't in dispute.
> He states that they had to written, explicit contact. Care to read my post again?
I read it, your prior post was very short. See my quote above directly from his blog post; there wasn't any contract.
Yes. Downloading an album or movie without paying for it is illegal. This isn't in dispute.
I think it is in substantial dispute. Can you cite a case of someone in the US being successfully prosecuted for downloading? Note that this precludes bittorrent, gnutella, etc situations where downloading means simultaneously uploading.
Outside of the US there are plenty of countries where it has been made explicit in the law that downloading is OK. Some even going so far as to include the uploading portion of torrenting, etc as legal too.
Canada: http://archive.is/W0mdI
Netherlands: http://torrentfreak.com/dutch-parliament-downloading-movies-...
Spain: http://techcrunch.com/2013/09/21/spanish-pirate-site-owners-...
> I think it is in substantial dispute. Can you cite a case of someone in the US being successfully prosecuted for downloading? Note that this precludes bittorrent, gnutella, etc situations where downloading means simultaneously uploading.
http://en.wikipedia.org/wiki/Operation_Fastlink
http://en.wikipedia.org/wiki/Operation_Site_Down
http://en.wikipedia.org/wiki/Operation_Buccaneer
Note: Just because I don't have any cases offhand of my friends fined for jaywalking, doesn't mean it isn't against the law.
> Outside of the US there are plenty of countries where it has been made explicit in the law that downloading is OK. Some even going so far as to include the uploading portion of torrenting, etc as legal too.
I don't know much about the Dutch law, but it is supplemented by a 'piracy tax', ie, storage devices are more expensive to purchase among other things.
Note: Just because I don't have any cases offhand of my friends fined for jaywalking, doesn't mean it isn't against the law.
That's putting your arguments into the realm of faith. If those three citations are any indication, your faith is misplaced. All of those were for people doing distribution (e.g. uploading). None of them were for downloading.
I don't think it is much to ask for you to have just one definite case to back up your claim that the legality of downloading is not in dispute. Just one.
Here's one for jaywalking: http://www.huffingtonpost.com/radley-balko/raquel-nelson-jai...
3 replies →
Yes. Downloading an album or movie without paying for it is illegal. This isn't in dispute.
Actually, not where I live. But the point is that the situations are different, because I don't have an agreement with any artist. Whether that makes it illegal to use copyright works was not the issue in discussion. What was being discussed was the supposed hypocrisy of anti-copyright people.
there wasn't any contract.
There's was an implied agreement. Whether he has a legal foot to stand on is irrelevant to this discussion, because we weren't talking about the legality of the situation, but what it should be.
> There's was an implied agreement.
There is also an implied agreement that when an artist asks you to pay $12 for a CD, that you pay for it. This isn't very hard to understand.
And so I ask again, when did I agree to that, in an explicit or implicit way? And you yourself answered, "you didn't if you downloaded it without paying". So no, there isn't.
2 replies →