Quote:
Originally Posted by ostler99
@m-reader
I was unaware that the seeding in torrents could be disabled (as I do not use torrents).
Your point is a good one - torrent users should consider it.
I wonder what the answer is to these fundamental questions:
One, is it illegal to download a non-public domain ebook (without acquiring it legally)?
Two, is it illegal to possess a non-public domain ebook (without acquiring it legally) ?
I understand that the law in each country will be different but there is some probably some fundamental provision in international copyright law whaich would help answer.
(I am a lawyer but this is way outside my area of practice).
@troykm
I agree. I think that in (say) 5 years time we will have ebooks sold using the Apple iTunes model. I think I read that the Apple store is now the biggest distributor in the world of music. That shows that the illegal market can be destroyed if simple, cheap and borderless ebooks are made available.
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Well my understanding is it depends on how the non-public domain books with acquiring it legally is actually downloaded. Obviously if you have a copyrighted book on an ftp server then yes you can be deemed to be distributing, however with torrents, you with other seeders only give portions of the book (IP packets essentially) which on their own means nothing, can't do anything with it, IP packets aren't under copyright etc. But download enough of these packets and have them put in to sequence and you'll have a complete book.
Think of it like having 1000 people with a paperback, and each person gives you a random letter from a random page 1000's of times. Each letter is just a letter, but if in the right order you will have the entire book. Are the people giving you a letter breaching copyright? I don't think so, they are just giving you a different letter from the alphabet on multiple occasions.
So my impression is you can't be found guilty for distributing or downloading the material, but can be found guilty for possessing. Then again i have never really seen a case go to court and a real judgement be ruled.