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Originally Posted by dmaul1114
Agreed. I'm very much against downloading copyrighted material, and do think it should be illegal.
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All online participation requires downloading of copyrighted material. This thread is full of copyrighted material, which is downloaded to your computer in order to display it so you can read it.
And yes, there's a difference between "download of copyrighted material" and "download of copyrighted material against the wishes of the copyright owner, in ways that constitute infringement." And it's bulky to say the latter--but it's important, because the "technicality" that is the difference is
what makes the internet work.
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But that doesn't mean that file sharing itself is wrong, nor that it can't be a tool to help fledgling musicians, authors etc. break out without having to bend over and sign terrible contracts. That said, once they break out and decide to no longer use file sharing, streaming etc., their should be hardcore enforcement efforts to prevent/limit their material from getting to people who didn't pay for it.
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Given the nature of most ISP ToS's, this is probably impossible.
AOL's TOS says "by submitting Content to public areas of the Services, you grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium."
Comcast's says "You acknowledge that material posted or transmitted using HSI may be copied, republished or distributed by third parties, and you agree to indemnify, defend and hold harmless Comcast, its agents, suppliers, and affiliates for any harm resulting from these actions."
Earthlink is sneaky--they say nothing directly about the right to copy your stuff, but instead say that "You agree to defend, indemnify and hold the EarthLink Parties harmless from and against all third party claim ... by reason of your use of the Service ... (iii) in connection with any claims for infringement of any intellectual property rights arising from or in connection with use of the Service ...."
Most ISPs have a bit in their TOS about "once you upload it, we can copy it at will." They kinda have to; they don't clear out their servers the moment you remove something from your website. The data bounces around unseen in backup copies, sometimes for years. But it's still a copy, still legally the same as a printout handed out on the street.
So basically--it's likely that, once you've put your stuff on the web for free download, you can't go after any site that continues to host it. You might be able to go after new uploads, but not archive sites, and probably not torrent-network sites. Maybe not torrent-network participants; that's all a bit blurry.