Quote:
Originally Posted by Shaggy
Many agree, but is it really true? Uploading a copy of a book without authorization is clearly illegal. I don't ascribe to the "information must be free" thing, but from a purely legal standpoint, whether downloading is actually illegal or not is a very cloudy question. It is not direct infringement, according to US law. It *may* be indirect infringement, but then you start getting into a whole ugly nest of things like intent... etc.
A downloader might be partly responsible for inducing an uploader to commit infringement, but they have not committed infringement themselves. I don't think anybody has ever been taken to court for downloading. It's always been for uploading without authorization, which is definitely illegal (assuming no fair use).
|
If the source of the download is a commercial enterprise in violation of copyright, the feds could probably get a downloader on a conspiracy charge, as a technical legal matter. It might have to involve a payment by the downloader, though. A freeloading downloader, paradoxically, might be better off than an "honest" downloader if the site is a pirate site.
Getting a conviction is another matter, so from a practical point of view, downloading isn't criminal, and won't be prosecuted unless there's something else going on, like filesharing.