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-   -   The Legal Aspect Of File-Sharing (https://www.gnutellaforums.com/open-discussion-topics/16808-legal-aspect-file-sharing.html)

LeeWare November 13th, 2002 11:31 AM

Good Place to Start
 
Here's a good place to begin your research (Especially as it relates to downloading music from the Internet.)

http://www.riaa.com/Copyright-What.cfm


Hope this helps.

Unregistered November 13th, 2002 08:50 PM

Thank you for the reference site. to RIAA.

I agree right from wrong is not the same as is it legal.

I was hoping to use file sharing as a topic to reach/teach an 11 year child.

At this point allowing my child use of limewire. does not seem prudent, as there is not an easy method to determin what is legel to copy and distribute and what is not.

porqeupine September 17th, 2003 09:46 AM

So am I safe or not?
 
Mr. Leeware,

So with out all the legal jargon, tell me, am I going to be safe to download music and other software from the net or not? If not, I have heard that I can mask my IP address, I would be more then happy to do this as well. Have any ideas?

PA

LeeWare September 17th, 2003 05:13 PM

Bogus Claims
 
Let me make it simple:

#1 Downloading software, movies and music from the net is not illegal!

#2 Downloading copyrighted software, movies and music is illegal.

So it depends on what you want to download.

#3 Any software program that claims to mask your IP address is bogus these programs only hide the IP information at the User Interface level which means that if anyone with the most basic understanding of networking could see what IP addresses you are using.

Consider for example the following facts.

In addition to LimeWire I use Kazaa, Kazaa doesn't show the IP address of the people transferring files to or from you. But there's this machine I have on my network that shows me a map
of the IP addresses talking to my machines. There's no way you can avoid this.


Think of it this way, It would be like trying to use a phone to call someone without having a phone number, no phone number, no service period.

Please spread the word.

raf111 September 17th, 2003 09:54 PM

Re: The Legal Aspect Of File-Sharing
 
Quote:

Originally posted by LeeWare

A. The Concept Of File-sharing in itself is NOT illegal.

B. Contrary to Popular Belief (downloading certain material unfortunately is stealing-based-on-the-law) - I'll attempt to explain the controversy.

b1. Stealing means to take the property of another without permission. So the argument goes: (if x -->y and y-->z)

If x owns/produces a product and sells it to y and y in turn shares-it with z (did z commit theft?)

The answer is a matter of perspective:
z did not commit an act of theft against y (this is where most people stop in their arguments)

BUT z did commit an act of theft against x (by law because z did not obtain permission from x to acquire the product and or resource).

First of all... how are ya?... I've seen you on some other forum. Although we have different opinions on this subject, I do enjoy discussing it with you so far.

Going back to your post...

Let me put your explanation, in sort of similar way...

Now you've assigned to "x" a "manufacturer...
Now I think, it would me more acurate to say that
"x"= the "copyright law" that protects "manufactured product. The rest can stay the same...
But there is one more thing...

"a"=amount of individuals with opinion that is in favor of file sharing out of total population.
"b"= total population
"c"=percentage of "a" to "b".
Now believing the theory, that the law was created to help our society function corectly, and not that people exist to help for the law to function no matter what, here is my idea of what it all comes down to...
y=? (how many is sharing)
z=? (how many of those that get stuff)
b=? (everyone in US)
now a=y+z
c=a%*b (damn... was is it "*"to calculate percentage?... I gotta loose calculator... correct me if i f*** up :D )
And...
x=c

The higher value of "y" and "z", the more "x" will serve to improve our society.


Something like that... I might make a mistake somewhere, it's just I got too used to computers doing all calculations for me, and I really forgot...but you get the point right?

Take care...

LeeWare September 18th, 2003 03:05 AM

Re: Re: The Legal Aspect Of File-Sharing
 
Quote:

Originally posted by raf111
First of all... how are ya?... I've seen you on some other forum. Although we have different opinions on this subject, I do enjoy discussing it with you so far.

Going back to your post...

Let me put your explanation, in sort of similar way...

Now you've assigned to "x" a "manufacturer...
Now I think, it would me more acurate to say that
"x"= the "copyright law" that protects "manufactured product. The rest can stay the same...
But there is one more thing...

"a"=amount of individuals with opinion that is in favor of file sharing out of total population.
"b"= total population
"c"=percentage of "a" to "b".
Now believing the theory, that the law was created to help our society function corectly, and not that people exist to help for the law to function no matter what, here is my idea of what it all comes down to...
y=? (how many is sharing)
z=? (how many of those that get stuff)
b=? (everyone in US)
now a=y+z
c=a%*b (damn... was is it "*"to calculate percentage?... I gotta loose calculator... correct me if i f*** up :D )
And...
x=c

The higher value of "y" and "z", the more "x" will serve to improve our society.


Something like that... I might make a mistake somewhere, it's just I got too used to computers doing all calculations for me, and I really forgot...but you get the point right?

Take care...

I am well, and I too enjoy these conversations. The thing critical fact that is overlooked in your calculation or model of

things (don't worry I didn't check it for technical accuracy) is this.

#1 - There is a whole generation of people that exist now in the Internet age. Consider for example the fact the I have

been involved with technology for about 17 years. A lot has changed in that time.

#2 - The most fundamental change is the commercialization of the Internet (The idea that business can profit from the

Internet) This started around the mid-to-early-90s. At the same time access requirements for consumers were lowering because

more consumers = more business opportunities. Those involved in the community between 1988 - 1991 were concern what this

would do to the Internet community. (I was one of them) Anyway,

#2a big business brought increased attention from cyber-thieves
#2b More consumers brought more Interest in companies wishing to sell services (spam)
#2c Other industries have entered the business as access providers so that they could create a portal type Internet where

they control not only your access but the content you see. A perfect example of this is cable providers.
Their hoping to achieve the success of services like AOL who's still around and the Compuserv's of yesteryear.


#3 - Most of the general population (consumers) started to use or get involved with the Internet around 1997 - present but

mainly during the dot-com hype. This whole concept of P2P is only a few years old. The popularity of Mp3 is only about 4

years old. This technology was developed in 1987 and received a patent in 1996.

#4 - Fast foward to the last 4 years and companies were using mp3 technology as a way to lure consumers in mass to services

which they had planned to charge for at some future point. Unfortunately, they forgot to ask the creators of the content for

the legal rights to do this. Internet Piracy has alway been a problem the DMCA was drafted to address many of these concern.

Mind you this was all years before the whole P2P revolution.

#5 - The p2p revolution did two fundamental things 1) it allow people to share without a central authority (this is good)
2) It allows people to sharewhat ever they want (This is good if you are a responsible user i.e. aware of laws and the

implications of doing this. It is not good if you think that because you purchased a cd/movie/sofware you own the rights to

do whatever you want with it including sharing it on the Internet see #4) Companies are smart enough to avoid these legal

hassels consumers now bear the burden of legal problems thanks to p2p and an uninformed userbase. (people ignorant of the

laws.)

#6 - The passion for free content comes primarily from two camps 1) (see #2)
and 2) If you got involved with the Internet in the last 3 - 6 years you probably don't know any other type of Internet

experience. You like a lot of people primarily got involved or got Interested in it when sites like Napster came along and

Scour and when MP3.com was new and the idea of free content was rampant. In other words you don't know the Internet in any

other way. So, this hostile legal climate seems unfair and for this I divert your attention back to points #3 - #5

I hate to be the bearer of bad news.

raf111 September 18th, 2003 07:19 AM

Re: Re: Re: The Legal Aspect Of File-Sharing
 
Quote:

Originally posted by LeeWare
The thing critical fact that is overlooked in your calculation or model of things is this.

#1 - There is a whole generation of people that exist now in the Internet age. Consider for example the fact the I have been involved with technology for about 17 years. A lot has changed in that time.

...yes... and also there is whole bunch of those, that still has problems operating video player...

What I'm trying to say is, I didn't overlook those factors. I'm well aware of them, but because I connot determine the actual figures to represent any of those groups ...old,young, uploaders,downloaders, I have assigned them all to the variables "y" and "z". Everything else depends on the actual values for "y" and "z"

ad.2. I don't know when but you're propably right about the birth of "internet commercialism".

The thing is, that so much time time has past, and internet is still not something that you can strictly define as something for business, or some window to see other cultures and not some kind of means for the thievery to go on.
Internet... well it's just everything...

"#2a big business brought increased attention from cyber-thieves
"
You say cyb.thieves, I say people with need to discover and check out something new (yes the desire to get something for free is a big factor too).
You call it stealing, I call it taking back what's ours and was just taken away from us...

And if any artist will say... "You don't wanna pay, I won't sing"
I would say ..."finally"
Because the true artist will sing no matter what, and those are the ones we like to listen to and enjoy watching.
And I'm positive,that if someone is good, public will just not let him die....


<got tired for now:D>

LeeWare October 18th, 2003 02:41 PM

Legal Aspects Online Video Format
 
Please be advised we have published the useful segments of this debate online in video format. Search term CBT - or Legal Aspects

Guesty January 30th, 2004 01:17 PM

I'm taking it that the people that would be able to disclose information on who has been file sharing is down to P2P clients.
Is it possible for these companies to refuse to disclose who has been using their service?

Guesty January 30th, 2004 01:30 PM

The Beeb have done a Q&A on the subject.
Useful if you're not British and even more if you are.
http://news.bbc.co.uk/1/hi/entertain...ic/3079908.stm


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