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Is P2P Leeching Illegal?
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HORiZUN
Newbie
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25. April 2005 @ 16:43 |
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Hello all. As most of you probably already know, downloading music, movies, games, and software via P2P is "illegal" and "wrong" and we shouldnt do it..
Yeah, we all know the speech.
I am a Cox highspeed internet subscriber who has been caught exchanging copyrighted works TWICE. Cox is currently on a three strike policy that, upon the third offense, they will suspend your internet subscription indefinitely, and legal action will be taken by the copyright owner. In other words, they will hand you information (name, address, social, IP) over to the copyright owner when asked because they would be "promoting" internet piracy if they allowed such activities to take place without doing so.
This all makes sense to me, but my query is this- Is P2P Leeching Illegal?
I was caught the first time SHARING an XviD movie on KaZaA.
The second time I wa caught SHARING a partial DVDR image on BitTorrent. Torrents "make" you share the parts of the file you posess, and that makes two charges on my account.
Now I'm waiting for the third copyright infringement charge to come up.. (but praying that it doesn't)
I've moved away from Torrents and sharing on KaZaA, and have heard from friends that you cannot get caught if you don't share. I need to know if this is the case or not. I still want to share, but don't want to get sued, you know?
My current understanding of the way things work is that if you set up your p2p client to strictly RECIEVE files, and turn off partial file sharing, and then download a copyrighted work, you are not breaking the law. The HOST is, for making the file available to you for download.
I have done a lot of research on this matter and all I ever seem to find are articles saying "It's Immoral" "It's Wrong" "Do the Crime, Pay the Fine" etc.
To sum it up, I want to know if I turn off all uploads, and still download copyrighted works, am i breaking the law and will i get caught if so?
I am very curious to whether or not this is a temporary loophole to get around the clutches of RIAA, MPAA etc.
Thank you for reading as well as for your time,
HORiZUN
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ripdox
Suspended due to non-functional email address
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25. April 2005 @ 17:27 |
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...
This message has been edited since posting. Last time this message was edited on 12. September 2007 @ 19:28
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Senior Member
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26. April 2005 @ 10:38 |
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im not a lawyer so dont take my word but i dont think downloading in the way you describe is illegal.
sharing copyrighed work is illegal as you know - and you will ofcourse be breaking the law by having mp3/mpeg etc on your pc that you do not own the original of... but that is none of the isp's business what files are kept on your hard drive. they shouldnt be able to stop you actually performing the download because for all they know you could own an original copy of the movie or whatever file it is.
additionaly i would like to know what country you and your isp are from, as where i am from for an isp to inspect what files you are downloading would be considered a discrace and they would not have any customers!
How do you know they arent scanning all your emails, private information, credit card number, business transactions or even what porn you were looking at last nite?
This message has been edited since posting. Last time this message was edited on 26. April 2005 @ 13:57
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Senior Member
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26. April 2005 @ 13:58 |
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just did a bit of looking around and the RIAA website states......
Quote:
Online piracy is the unauthorized uploading of a copyrighted sound recording and making it available to the public, or downloading a sound recording from an Internet site, even if the recording isn't resold. Online piracy may now also include certain uses of "streaming" technologies from the Internet.
but that still dosent mean your isp will have the right to suspend your account for the downloading.
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HORiZUN
Newbie
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26. April 2005 @ 21:56 |
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RIAA says only uploading is illegal, or posting to make available.. Hmm..
pro`noob - Thanks for the reply. I'm currently in the United States. Cox isnt the one who monitors and logs illegal downloads and ip addresses. Thank the copyright owners for that. (well people working for them anyway) They search for a copyrighted work on a P2P prog, torrent site, ed2k site etc; begin to download it themselves, and log all the hosts in posession of that file and who are redistributing it, then turn over a complaint to the user(s) isp. The isp then has to take some form of action to show that they don't support internet piracy.
(like temporarily suspending my internet service for downloading a movie)
The MPAA guys cannot view one single shred of data on your pc (it's illegal) but CAN monitor what you upload and download. That's fair game in the world of P2P, since most progs show the ip's of the hosts and downloaders. Since I no longer share, my ip shouldn't show up in search results relating to material that is on my harddrive, right?
I have called Cox and asked if strictly leeching was illegal, and 4 out of 4 employees said the weren't allowed to comment on the matter.
I called the MPAA/RIAA hotline, got transfered to legal support, but could never get a returned call. I wish i knew for sure.. :|
Oh- noob - the private info, cc#'s, email scanning, porn stuff-
Like I said earlier, Cox isn't interested in whats on my pc. They only get involved if the MPAA or RIAA files a complaint on one of their clients. Even if they were interested, they would get SUED big time for invasion of privacy. :)
I also have a firewall, antivirus, spyware, adware, malware deleters, protowall, and dont shop online, so i think im in the blue for now anyway..
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markusk
Member
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27. April 2005 @ 04:14 |
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As long as your share is visible world wide so is the risk of getting caught. Maybe it's time for people to move to closed p2p communities. I don't understand why anybody would be willing to to leave their share open for everybody to see.
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HORiZUN
Newbie
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28. April 2005 @ 16:02 |
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Thats why i started this thread. I DONT share anything anymore. NADA. No partial files, no complete files, movies, music, allow others to see my library, i am a mere leech now. I am curious to whether or not leeching is illegal.. Thats all.. Thx for the posts
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gotisos
Suspended permanently
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29. April 2005 @ 01:17 |
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if you have to use Kazaa, you dont need to upload. if you have to use BitTorrent, try to proxify, what is the RIAA going to say when the IP address they backed tracked to is used by 100+ users??
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Senior Member
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29. April 2005 @ 12:45 |
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well if everyone leeched only then there would be no files available :)
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McBrat
Member
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29. April 2005 @ 13:42 |
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so let me get this straight...you want reap the benifits from the loot that your friends stole...and you know it's stolen...but then want to play dumb if you get caught? Good luck but I think that would fall under an accomplise (sp)to the crime. The get away driver is just as guilty as the one who held the gone to the store clerks head.
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McBrat
Member
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29. April 2005 @ 13:43 |
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side note...WOOHOO...I'm not a newbie anymore!!!
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Balaam
Senior Member
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29. April 2005 @ 17:43 |
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The only way to legally obtain these kind of things is to buy them at your prefered retailer/e-tailer. If you don't pay the rightful copyholder, then you have obtained them illegally.
Now of course, since mainly the only people who are enforcing these laws are the copyright holders, it makes since that they are only going to go after the people how are committing the most egregious offenses, the sharers. That doesn't mean that the leechers aren't committing crimes. They are. But with studies showing that something like 60% of internet traffic is from p2p networks, it makes sense to think that the less you share, the safer you are.
Some simple rules:
1) Follow your ISP contract. If you're using ADSL, you've signed a contract saying that you agree to upload MUCH less then you download. Basically, ADSL users should shy away from p2p apps that require shareing. Instead, subscribe to a premium usenet server, where sharing is not required, but where you can easily download 200+ gigs a month for $15.
2) And actually, if you're nervous about the amount you share, you should definitely check out usenet. ~30 terrabits of files at any given time, with millions of files added daily. ISP's are legally required to allow you to use the service you pay for each month. They can't say shit if you max out your download capacity each month, though if you go over your anemic upload quota, you're very likely to get a threatening letter.
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Senior Member
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30. April 2005 @ 13:38 |
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im just happy i chose an isp with unlimited up/downloads.
and to HORiZUN, if your already recieving complaints from your isp that they have been contacted by the riaa/mpaa then i think its definately time you stopped downloading anything illegal for a while!
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Senior Member
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30. April 2005 @ 15:49 |
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Hey all,
Was looking at the thread, and thought I would throw an option to you all.
I for one use Limewire for quick d/l's and Tornado for large files.
Recently, I have seen many users starting to get more and more caught by their ISP's whether they are in the UK or the US.
Here is my suggestion. If you are currently looking to still download and STILL contribute to the downloading, then definately check out private p2p networks.
Currently, I manage mine at the moment, and we share COUNTLESS stuff, and it is VERY fast. So, I would say, if you really want to continue getting stuff and still contributing (cause leeching only-isn't cool), then definately check out private p2p networks.
You will be VERY surprised at how well they work and neither your isp nor any other government agencies can touch you, because you are directly connected to only the users that you want to be connected too, and NOT to a wide user network.
If anyone wants any help, pm me for more information.
Sorry about your troubles, HORiZUN. I know how you feel. I got my first letter from my isp (Adelphia) last year...never got another one since.
Catch yall on the flip side!
;P
"From now on we are poison to you Spider-man...Thats why we call ourselves... VENOM"
 This message has been edited since posting. Last time this message was edited on 30. April 2005 @ 15:52
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Senior Member
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1. May 2005 @ 06:58 |
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how and where do i find out ang get on these private networks?
ive heard about them before but dont know anything about them.
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deadbeat9
Suspended permanently
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29. May 2005 @ 06:06 |
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File sharing is illegal and should not be done. wut do i care i live in canada and file sharing is legal HAHAHAHHA. In canada filesharing is not illegal but uploading is.
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HORiZUN
Newbie
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30. May 2005 @ 11:41 |
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Is it tolerated the same way in the states as it is in Canada? Is it legal to DOWNload, but illegal to UPload? This is confusing.. Stupid MPAA/RiAA. If they would stop being so fucking greedy.. music, movies, games, and apps would be free for all..
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juliusjrd
Newbie
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31. May 2005 @ 06:10 |
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I don't really understand why would they apprehend those people who uses P2P file sharing softwares. Why don't they go after those people who develops and makes these types of softwares!!!!
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deadbeat9
Suspended permanently
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9. June 2005 @ 08:34 |
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i noe wuts the point of DOWNloading if UPloading is illegal.
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Senior Member
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9. June 2005 @ 09:19 |
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juliusjrd, they have tried this before and failed.
p2p programs can and are used for legal file sharing, eg bit torrent is regularly used to distribute game demos to save the game company on bandwidth.
for this reason the programs themselves were decided to be legal.
Also the people who write and release p2p programs are not braking any copyright laws. they are simply writing a program designed to distribute files, it is only the users of the programs that decide to break copyright laws so that is why they are the ones getting sued.
We knew the world would not be the same. A few people laughed, a few people cried, most people were silent...
J. Robert Oppenheimer
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Senior Member
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9. June 2005 @ 09:24 |
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and to deadbeat, maybe in your country downloading is legal but im sure that its still illegal to posess copyrighted material on your pc that you dont own, wheather downloaded or obtained in any other way.
We knew the world would not be the same. A few people laughed, a few people cried, most people were silent...
J. Robert Oppenheimer
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deadbeat9
Suspended permanently
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25. July 2005 @ 19:25 |
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sure wutever you say
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RagePro
Suspended permanently
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28. July 2005 @ 14:05 |
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i live in canada and it is illigle where re u from deadbeat9
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DEMORIS
Junior Member
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28. July 2005 @ 19:29 |
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Two Ideas on how to avoid getting annoying letters:
1. Switch the ISP. I use Yahoo SBC Dsl at both my houses, and have downloaded over 50 Gig of files, in every type and size. I have not gotten any letters yet, so maybe its ur isp.
2. Use IRC to download. It gets files quickly, and has been around for over a decade. Fast speeds and no uploads are a nice thing. Just try Ircspy.com for a site that has a search engine and a nice autodownload software(opposed to the mIRC confusion).
Btw, how many posts do you need to become a junior member?
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RagePro
Suspended permanently
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29. July 2005 @ 08:08 |
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25-30 or 50 forgot which
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