3 ms·
> Downloading isn't copyright infringement, uploading is, because you are sharing something without the authorization of the copyright holder. That much is tru
by freeflight 6y ago
> Downloading isn't copyright infringement, uploading is, because you are sharing something without the authorization of the copyright holder.
That much is true, but when it's the rights holder that's uploading the content, then it's not copyright infringement because they chose to upload it to be shared, while actually having the proper rights to do so.
With DDL hosters there's quite a few that put in the ToS how by uploading a file that publicly accessible for download, you confirm that you have the right to do so, as these services usually do have a ToS as they are mostly run by legit companies.
While with a decentralized p2p network, as bittorrent is, there's really no way to enforce a system wide ToS.
> Torrent sites frequently track uploads and kick users off that don't upload
Not "sites" do that, but communities centered around trackers do that to ensure that there's actually enough upload bandwidth and not just a bunch of leechers that only download but never contribute with their upload bandwidth.
- vmception 6y agoI understand the sentiment and I agree with that I don’t see any regulatory framework or statute or case law that matches it You can’t assume the rights holder is giving tacit consent to non-license holders to share. You can assume they are mitigating bandwidth constraints using the bittorrent protocols. Assuming the other seeders are pirates like “you” is the bad assumption here. Relying on autoseeding software to distort the legal reality is the bad assumption here (someone else mentioned this).
- washadjeffmad 6y agoHow does one reconcile the existence of the private torrent feature, then?
- vmception 6y agoA protocol can be used for anything. With torrents there is no one organization that has control over a proprietary piracy tool. That is how you reconcile it. If you are sharing things you dont have a license from the creator or another license holder to share, it is copyright infringement. If you are sharing things you have that authorization from then it is not.