Timeline for Is downloading a torrent chunk copyright infringement?
Current License: CC BY-SA 3.0
13 events
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Jul 23, 2015 at 15:05 | comment | added | daffy | OK, fine, 'doesn't have to care if you watched it.' Whether or not HBO is actually litigous is beside the point. An argument like 'if you don't agree with me then you're a complete retard' is not usually the way to go about persuading judges who aren't technologists and are charged with hewing as close to precedent as is possible in adapting old law to new media. Being smug about using a clever algorithm to skirt the edges of copyright by creating chunks that aren't independently intelligible isn't likely to earn brownie points from a judicial perspective. | |
Jul 23, 2015 at 15:02 | comment | added | o0'. | @daffy plus, using GoT and HBO as a comparison, where it's well known that they are the most pro-piracy big house out there… | |
Jul 23, 2015 at 15:01 | comment | added | o0'. | @daffy nope, it's a wrong analogy, because I can read a single chapter if I want. Analogize with "the first letter of every page". Unless it's made up of complete retards, they should see the difference… | |
Jul 23, 2015 at 14:44 | comment | added | daffy | @Lohoris - Analogize chunks to chapters of a book. That's how courts tend to think. The chapter might make no sense without the beginning and end of the book. Maybe it's written in cipher and the code is given in the introduction. It probably doesn't matter. Whether or not your infringement proved useful to you is of questionable significance. What matters is if you made the copy. After all, there's liability imposed for torrent data that you merely host even if you never actually view or use the content. If you download and then seed GoT, HBO won't care if you watched it. | |
Jun 10, 2015 at 19:46 | comment | added | jqning | @nomenagentis I did not notice that your question had been answered. Apologies. | |
Jun 10, 2015 at 19:33 | comment | added | jqning | @nomenagentis by your rationale, starting with your position that copying or storing 1/1500th of a copyrighted work is not infringement, then this is not illegal:1500 people hosting 1/1500. You can see where I'll go next, but don't go there yet. | |
Jun 10, 2015 at 8:43 | comment | added | o0'. | I'm unconvinced: a single chunk usually can't be used to view part of the work: it can't be used at all. I would be very surprised if this wasn't taken into account. You aren't downloading "3 seconds of a movie", you are downloading some data that, without other data you didn't download, does absolutely nothing. Are you sure that this makes no difference at all? | |
Jun 9, 2015 at 20:54 | comment | added | mepatuhoo | The copyright is on the content so the moment you copy the first bit you have broken the law by making a copy of copyright content. It only has to be a part of the content to be breaking the law. | |
Jun 9, 2015 at 18:11 | comment | added | chapka | The substantiality test is mostly used in situations where you've copied elements of a story, but not the story word for word--the "my story also has a boy wizard and a magic train" cases. It's not really relevant to direct copying, where there's a much lower threshold. | |
Jun 9, 2015 at 18:05 | comment | added | chapka | I've edited to reflect some of these comments. But no, it is not possible to download something without making a copy of it. If you don't make a copy, either in memory or on disk (and the courts won't care which), then you haven't downloaded it at all. | |
Jun 9, 2015 at 18:04 | history | edited | chapka | CC BY-SA 3.0 |
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Jun 9, 2015 at 16:26 | comment | added | mepatuhoo | I would like to add torrents are not illegal. The content you download using torrent could be illegal. There are many situations where torrent technology is used for legal use. Don't download copyrighted content. Having a torrent client is absolutely legal. Like having a knife is legal but placing that knife into the chest of another person is not legal. | |
Jun 9, 2015 at 15:46 | history | answered | chapka | CC BY-SA 3.0 |