What is illegal and what is not illegal??

[DaManiac]

Can anyone help me??

Is it just the mp3's that is illegal to donwload or is movies and games illegal to download too??

I really want some help with this.....

[Ken17625]

Any material (or any piece, no matter how small), that is copyrighted, is illegal to download or upload.

So, if you're not sure if something is copyrighted or not, you should find out.

The contents on P2P networks are largely illegal, but *some* of us do it anyway. It's up to you, to make a decision on what you are going to do.

[YWD67]

In short it is all legal till you get caught.

[nasrules]

As Ken said, just about all of the content on P2P networks is copyrighted, and therefore it is illegal to download or upload it without the copyright-holder's permission. That, however, doesn't stop a lot of people.

Ken: I just noticed your sig...didn't realise you actually quoted me! I think that quote came out wrong...by saying 'as a whole' I was talking about the majority, but I didn't point out that I understood that not all Americans feel this way.

And yes, I know that the last bit of my post has nothing to do with this thread.

[migo]

Whether it's legal depends on a lot of things, but one factor unique to music downloads is Section 1008 of the Copyright Act, which basically says that if done right, you can download music all you want and, regardless whether it is legal, you can't be prosecuted or sued. But this rule ONLY applies to music, since the same law (the Audio Home Recording Rights Act) was intended to generate revenue from non-commercial reproductions of sound recordings by taxing the "digital audio recording device" and the "digital audio recording medium". There is no similar law for movies, poems, pictures, software or any other copyrighted work.

"No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings." http://www4.law.cornell.edu/uscode/17/1008.html

[tMoD]

If you live in the U.S., all noncommercial audio copying is legal. That means downloading mp3s is legal. See Section 1008 (http://www.copyright.gov/title17/92chap10.html#1008), Chapter 10 of Title 17. Uploading is another matter. That depends upon whether you consider putting something in a shared folder distribution or not.

The RIAA has done a brilliant hacking job here. It's a real coup-- they get to have it both ways: receive money from the levy on digital recording devices and media and manipulate the public into thinking noncommercial copying is illegal. What the hell are paying these royalties for? They want all of the benefits of the Audio Home Recording Act (which created Chapter 10) and none of the drawbacks and they've managed to make people think they're legally entitled to it.

[DudeAsInCool]

The question of what constitutes 'Fair Use' has not been adequately defined, particularly when it concerns the internet. If can make burn a cd off the tv or radio, then why can't you make one off the intenet? Unfortunately, the Audio Home Recording Act was created before the rise of the internet and P2P file sharing; consequently, technology has changed the rules before congress and the industry have had time to react--and now they don't know what the hell to do. For a historical and academic look at the subject of copyright and fair use, read the following excellent article which is available on your search engines:

Free Culture
Lawrence Lessig Keynote from OSCON 2002
by Lawrence Lessig
08/15/2002

[Siskabush]

Depends where you live.

Here in canada, its legal to download. But uploading still hasnt been tested, but with lawsuits nearing, we will find out soon (if someone has the balls and $$$ to fight them in court)