Current Law Status

[UKMedia]

We never talk about these things on any p2p forum that I go on. But here it goes....

What is the law status on file sharing and copyright in your country. Just a little space for where ppl can come for information if they are worried.

[endersgame21]

Here in the U.S. it is not illegal to download copyrighted material but it is illegal to share it. Right now someone who uses Kazaa is getting sued by the RIAA for sharing 600 files.

[eivioolla]

Same goes with Finland. You don't have to own the works you download either.

[fmg00]

Here in Mexico the law is kind of bogus, the law punishes owning pirate software and ripped music just in companies, ive never heard of people prosecuted for sharing mp3 or owning pirate products in their homes.

[Scyth77521]

Originally posted by endersgame21
Here in the U.S. it is not illegal to download copyrighted material but it is illegal to share it.

No, actually it's also illegal to download. Nobody's been prosecuted for it yet, but it's still just as illegal as sharing.

As for Canada: (assuming you don't have a license and the use doesn't fall under fair dealing): illegal to share, illegal to download software/movies, but legal to make copies of music for personal use, i.e., legal to download and burn music.

[overdo]

i am not entirely clear on what the laws are in the UK about downloading from p2p etc. its not really in our press a lot. i know most ISPs say that it is prohibited in their policy on fair usage but i don't think they are going to do much without being asked.

[Infomouse]

It sure is an infringement of copyright to share and/or download files in the UK.

overdo the ISPs do get asked!
http://www.zeropaid.com/bbs/showthread.php?s=&threadid=8068

[Monyak]

Where ever the hell I am from, the laws are clear but then not clear. The word SHARE is a funny word.

If I have programs inside of my computer, or even on the internet for my own private use, does that constitute SHARING?

Example: Lets say I want to stick a full music collection on the internet so that I can download them anytime I want from anywhere I am in the world. I even stick a little note on the website that says MONYAKS PERSONAL MUSIC. It just so happens that millions visit my site daily and download the music. Did I share?

Am I by law required to protect my own property? Do I have to stick my Cd collection in a safe?

Now the Downloader claims that he saw a file that said "Michael Jackson" but didnt know that it was his actual music and copyright infringement - he didnt even know if it was Michael Jackson material because anybody can name any file or program any name they please.

Now the upload claims that he had no idea that the whole world is downloading his private collection that he stuck on the internet because he wanted to save space on his hard drive!

The whole issue is INTENT. What was the Intent of the parties.

PeAcE

[NDGAARONDI]

Well I reside in England so....

In the law of England and Wales the only thing that covers p2p would be:

The Copyright Designs and Patents Act
The Copyright Act

And that's it I think.

I'm glad we don't make a big hoohaa about filesharing like America.

Say I heared that someone's patented a jelly and peanut butter sandwhich in America. I didn't think you could patent a modification of someone else's idea! If say Macromedia did it against Adobe then Adobe take them to court. But how can USA file a patent with an invention made by England? ...The Earl of Sandwhich. Don't make sense to me.

[r_xq]

Originally posted by NDGAARONDI
Well I reside in England so....

In the law of England and Wales the only thing that covers p2p would be:

The Copyright Designs and Patents Act
The Copyright Act



an im sure all these yanks have a clue about those.

In england, it is illegal to make backup ups of any copyrighted material, even for personal use. Making a compilation tape from owned, original CDs is against the law, though obviously the record companies wont prosecute any individual for fear of negative publicity.

[NDGAARONDI]

Hi r_xq

Actually you are allowed to make your own compilations etc. from material that you have lawfully bought.

According to the section 50A of the Copyright, Designs and Patents Act you have an absolute right to do this:

``50A.-- Back up copies.
(1) It is not an infringement of copyright for a lawful user of a copy of a computer program to make any back up copy of it which it is necessary for him to have for the purposes of his lawful use.''

So I think your statement is wrong, I study law funnily enough.

You say - an im sure all these yanks have a clue about those. - lol

:bk

Well I'm sure most p2p users heared of the Berman Bill rubbish, so they should know about some stuff in other countries, mind you having said that when I emailed a seller on eBay in USA they didnt know what PAL was! OMG. Yet we know what NTSC is! :fire

[r_xq]

Hi NDGAARONDI

Maybe if you study law a little more you will realise that Section 50 relates ONLY to Computer Programs.

Funnily enough, about 60% of all university students in the UK study law of some sort, though this doesnt make them all experts


16.—(1) The owner of the copyright in a work has, in accordance with the following provisions of this Chapter, the exclusive right to do the following acts in the United Kingdom—

(a) to copy the work (see section 17);

17.—(1) The copying of the work is an act restricted by the copyright in every description of copyright work; and references in this Part to copying and copies shall be construed as follows.

(2) Copying in relation to a literary, dramatic, musical or artistic work means reproducing the work in any material form.

This includes storing the work in any medium by electronic means.

[NDGAARONDI]

Hi

Well to be honest there's all this fuss made about p2p, yet no one made a big deal when people bought loads of blank VHSs to tape off the TV. Yet it wasnt until (whenever it was) that taping off the TV was legal, as the House of Lords gave their decision. But yet, it's still the same principle, or was anyway.

I wonder if anyone has taking Gator.com to court in England? Or any other spyware issuers.....

I'm not that sure on the law of copying work, but I do know, that if you wanted to photocpy some stuff out of a book, there is a separate Act of Parliament that allows this to happen, since education is the primary user of copyrighted material, or that's what they say anyway.

I'll find out some more stuff on this. But it seems ttupid to make it illegal for people to create their own compilation CDs from legally attained music CDs. If I went on a day out to London, I'd might want to create a music CD on CDR to listen to on the journey, rather than take several CDs. Saves me having to change CDs in my discman etc.

But to be honest if an Act states that my idea is illegal it's not really easily enforceable. I mean a policeman can't ask to see what you're listening to on the streets, and you can refuse the police to search you, unless you come under the exceptions, but that is rare.

[r_xq]

Copying from TV isnt completely legal either. I have heard that you are only supposed to keep recordings for 2 days, or maybe its 4, before they should be deleted or destroyed. Im not sure of the source, so i cant verify if this is correct.

But making libraries of television programmes for personal use is definitely illegal

[NDGAARONDI]

Hi r_xq

You can now tape off the TV w/o permission in England and Wales, because the Law Lords felt that a person may want to tape off the TV b/c the time is awkward, say if you're going out etc. I am unsure of the case name but when I find out I'll post it. That TV thing you say is quite old, but not too many people know about the change!

But of course, making libraries instead of buying the series, is a different matter. So you can only tape it if you know you will miss it. Again I dont think the police would bother prosecuting anyone because so many people do it and it will just waste litigation time. They can also have a discretion whether to prosecute as well if the Crown Prosecution Service feels it's not in the public interest. There's been some hassle over this on the use of euthanasia.