Downloading and possible breach of copyright?

[The_Grumlin]

This is the problem Davenports etc are assuming that the ip's connected to a (possibile unverified) torrent are uploading copyright material, unless they have directly sourced (honey potted) the torrent or downloaded in full the material distributed in torrent they can not assume that the torrent even carries material which is copyrighted. That is a torrent or any item advertised on P2P networks as a game may contain rar'd pictures, saved games, or unrelated material.

 

It can only be established that the torrent has material which is copyrighted by downloading and are acting as agents for the copyright holder (before downloading the material).

 

Then they would have to make a connection to all those machine connected and establish if they are sharing the material (not downloading). If you use a torrent app it will show the status of connected peers i.e. how much they have downloaded or sharing. Without a connection there is no proof of DATA TRANSFER BETWEEN PEERS. Being attched to a torrent (host Tracker) or in the swarm is not a crime.

 

What ever Davenport or any other organisation that takes some one to court has to prove is DATA HAS TRANSFERED from the defendants machine to their machine and that data is an integral part of the material which they claim is copyright. This requires capture of traffic and logging of peer connections - proof that will need to be provided to prove their case.

 

Fr33d0m is right in that this is what Davenports have been doing via a third pary. It would be easily challenged as it proves nothing, and as far as I know all Davenports cases have either been settled or not defended (by default).

 

WIFI is NOT secure and can be broken sometimes in minutes at the most can take three to four hours dependant on capture traffic.

 

Do not rely on any key encryption protocols only, use additional security such as MAC filtering, logging, no DHCP, external authentication source i.e. server/RADIUS/CERTIFICATE will make it much harder to hack.

[fr33d0m]

Read this.

ISPs Hand Over Details of ‘Several Thousand’ Pirates | TorrentFreak

 

There is also another story on that site about the lawyers of the company not having any evidence but people arnt turning up in court to actually contest it!

 

What really annoys me about this is. If I produce a file. Music, Document, Application etc. And put it on a p2p network and start logging all the people who download it. I can make money by sueing them! Or even better get there information and start sending them threataning letters. This cant be right can it?

[huggy41]

hi all if you youself produced the music then put it on a p2p site you gave it to the public free if you copy writed it first then put it on the site your self for people to download then that is entrapment .i use newsgroups where the law i think is abit vague as i send avi's to a post where my brother in new zealand downloads them this is not illegal as it belongs to me.

[forgerecordings79]

They have jumped on the bandwagon started by the music industry who are trying to make us believe that downloading is the reason they don't sell as many as they used to and not the fault of the crap on the cd. It's just another money making [problem].

 

This is off-topic, and you probably can see where Im going to go with this due to my username, but downloading is different to the case of the OP.

 

To take something rather than pay for it and then say the reason is that the content is crap.. oh dear. I know you're not saying you personally do that but the attitude pours from your words.

 

Theft is theft.

 

Someone who loses their media and downloads to replace it is a different issue.

[locutus]

I believe conniff meant that CD's contents are mostly talentless factory produces manufactured rubish, so no-one is buying them but the music industry are saying that the reason it's not selling as much is because people have illegally downloaded it.

[Guest goginng]

 

interesting read would like to hear the outcome i was going to post a url to a free widley used program that blocks all these types

 

but i cant post url's as its my first post look up

 

peer guardian 2 on your fav search engine and use along with your fav p2p program

 

now there was a supposed case recently of a women being fined i think (as i cant remember) £16000 in a court for downloading a game the only problem was (it was on news for one day and internet) that this women didnt seem to exsist scare mongering:wink:

 

 

semms my posts are being deleted only trying to help could the staff member private message me as to the reason my post is deleted thankyou

Edited September 15, 2008 by goginng

[bigcarpman]

This is a topic I have had a lot or experiance in. It is a simple matter - downloading any copyrighted material via a peer to peer system is illegal. It makes no difference if you purchased the orriginal disk and then broke it, thats like saying "I bought a car, then I crashed it, and now I am entitled to steal a brand new one". Its your fault if you broke the disk. Trust me on this, I have taken advise from a solicitor about this in regard to protecting software that I own the copyright to.

[locutus]

thats like saying "I bought a car, then I crashed it, and now I am entitled to steal a brand new one"

I must disagree, especially with the analogy.

 

You do not pay for a CD, you pay for the software that is on it.

Stealing a car you deprive someone of goods, you don't in downloading software.

These companies would have a much harder time taking anything to court for downloading... The claim is based on uploading. Proving that you uploaded any of the copyrighted data is therefor needed. From what I've read, the people that have gathered the data containing a list of people that have downloaded/uploaded the software have provided a lot of flawed information.

[bigcarpman]

Like I said, I got my advise from a solicitor, and that was the exact analogy he gave me. Try phoning a software maunfacturer and telling them you have broken your CD and you want a replacement, they will not give it to you! Have a look on any of the Torrent sites (those which host the peer to peer services) and they will all state that the dowloading or uploading of copyrighted material is illegal.

I threatened a torrent site with legal action and they removed all links to torrents containing my copyrighted software.

I just found this info on a site called "Leo's Answers"....

 

Downloading copyrighted files without permission is illegal. And it doesn't matter what technology you happen to use to do it: bitTorrent, FTP, web downloads, email or getting a CD in the mail.

Edited September 19, 2008 by bigcarpman

[MrShed]

Then your solicitor is talking rot I'm afraid.

 

Most software manufacturers will replace MEDIA at a small admin cost. It is the LICENCES that would not be replaced.

[bigcarpman]

Either way, downloading copyrighted material is illegal, no matter if you have already purchased that material.

[MrShed]

Not true if you have a legal right to own that software.

 

The issue comes because P2P results in you SHARING the software whilst downloading, and that is illegal.

[bigcarpman]

Ah yes, I hadn't thought of it that way. In my case I was preventing people who had not paid for my software from downloading it, I hadn't thought of the issue of people who had paid for it.

Sorry, I think my comments may have been wrong in that case.

[nicolee2931]

Then your solicitor is talking rot I'm afraid.

 

Most software manufacturers will replace MEDIA at a small admin cost. It is the LICENCES that would not be replaced.

 

I will use microsoft as an example as much as would hate to, but they replace faulty or damaged media, if the damaged media is returned to them and the required fee enclosed. The fee is non profit as it covers replacement of the media and postage and packaging. I have sent 3 xbox 360 game discs back to microsoft for replacement, and have returned 2 to electronic arts, no problems with either companies both exchanged media without quibble.

[robin9342]

Likewise, my copy of Half Life 2 is damaged. As I have registered with Valve software, I am allowed (and have) downloaded and re-installed the game.

[crem]

Like I said, I got my advise from a solicitor, and that was the exact analogy he gave me. Try phoning a software maunfacturer and telling them you have broken your CD and you want a replacement, they will not give it to you!

 

I think you will find the vast majority (all?) will. You can often go to their site and provide your license number and they will allow you to download a copy and/or even download an updated version of the software.

[bigcarpman]

Yes but what I was getting at is that most (if not all) people don't register the games they purchase, in which cae you will have no hope of getting it replaced.

[MrShed]

thats not true - most still do...

[robin9342]

Even if you didn't register, most will (for a small charge) replace damaged media if you send it to them.

[bigcarpman]

Ok fair enough, I'm just going by the advice I was given, maybe it was wrong.

[rudy691]

i wonder if there's any update on this case