4 ms·

Downloading a file which contains copyrighted data is creating a copy (you now have that sequence of bits in memory or on disk on a device you control) without

by addaon 5y ago

Downloading a file which contains copyrighted data is creating a copy (you now have that sequence of bits in memory or on disk on a device you control) without the right having been granted, no?

jcranmer 5y ago
The person running the server is the one who is creating the copy and doing the distribution, not you the user.
- jl6 5y ago
  Dubious, when the user is the one initiating the copy (by requesting the download) and the one benefiting from the copy.
- addaon 5y ago
  Even if you argue that the initial copy of the work in RAM in your network stack was created by the server operator, you're likely to make copies from there: copies in RAM if your network stack is not zero copy; copies to disk if these pages swap; and copies to disk if you save the files. See e.g. https://scholarship.law.edu/cgi/viewcontent.cgi?article=1602&context=lawreview https://scholarship.law.edu/cgi/viewcontent.cgi?article=1602...
vmception 5y ago
Copyright infringement requires sharing the copy without a license to do so, not making the copy
- addaon 5y ago
  The right to make copies (reproduce a work) and distribute copies (sharing) are both separately protected by copyright law [1]. [1] https://www.bitlaw.com/copyright/scope.html https://www.bitlaw.com/copyright/scope.html
  - vmception 5y ago
    thanks! people go after uploaders, who both created a copy and distributed the copy, the downloader is receiving yet another copy and by nature of the technology is "reproducing" simply by how filesystems work but it seems like the uploader is the center of attention thoughts on that? It seems that enforcing this against a downloader would require every single piece of media have an explicit limited license for downloading, which isn't practical right now
jeroenhd 5y ago
According to the laws I know of, distribution is prohibited but receiving an illegal copy isn't. The server is offering an illegal copy and that is the main problem in most piracy cases. Usually the person who offers the copy has more resources and acts like a central part in the redistribution, so they're the easiest and most profitable targets of lawsuits. I'm sure that was considered when the laws were written. But again, I don't know the specifics of copyright law where you live. Perhaps your jurisdiction considers the person accepting the offer of an illegal copy to be a criminal as well.

by addaon 5y ago

Downloading a file which contains copyrighted data is creating a copy (you now have that sequence of bits in memory or on disk on a device you control) without the right having been granted, no?

jcranmer 5y ago

The person running the server is the one who is creating the copy and doing the distribution, not you the user.

jl6 5y ago
Dubious, when the user is the one initiating the copy (by requesting the download) and the one benefiting from the copy.
addaon 5y ago
Even if you argue that the initial copy of the work in RAM in your network stack was created by the server operator, you're likely to make copies from there: copies in RAM if your network stack is not zero copy; copies to disk if these pages swap; and copies to disk if you save the files. See e.g. https://scholarship.law.edu/cgi/viewcontent.cgi?article=1602&context=lawreview https://scholarship.law.edu/cgi/viewcontent.cgi?article=1602...

vmception 5y ago

addaon 5y ago
The right to make copies (reproduce a work) and distribute copies (sharing) are both separately protected by copyright law [1]. [1] https://www.bitlaw.com/copyright/scope.html https://www.bitlaw.com/copyright/scope.html
- vmception 5y ago
  thanks! people go after uploaders, who both created a copy and distributed the copy, the downloader is receiving yet another copy and by nature of the technology is "reproducing" simply by how filesystems work but it seems like the uploader is the center of attention thoughts on that? It seems that enforcing this against a downloader would require every single piece of media have an explicit limited license for downloading, which isn't practical right now

jeroenhd 5y ago

According to the laws I know of, distribution is prohibited but receiving an illegal copy isn't. The server is offering an illegal copy and that is the main problem in most piracy cases. Usually the person who offers the copy has more resources and acts like a central part in the redistribution, so they're the easiest and most profitable targets of lawsuits. I'm sure that was considered when the laws were written. But again, I don't know the specifics of copyright law where you live. Perhaps your jurisdiction considers the person accepting the offer of an illegal copy to be a criminal as well.