UK law on downloading - not uploading

[djkemp1]

hi all,

just wanted to know because as far as i was aware it is only illegal to 'Share' your files over p2p networks etc. so is downloading only e.g. rapidshare or newsgroups also illegal in the eyes of UK law?

also whats happening here in the UK. i have heard a bit about government proposals to try and get ISPs to police the internet and use DPI! surely that is a breach of data protection. is this or could this really happen?

[SonsOfLiberty]

That can't with Newsgroups, common carrier law...and most are located in the states.

[djkemp1]

sorry, how do you mean SOL?

[SonsOfLiberty]

http://en.wikipedia.org/wiki/Common_carrier

[djkemp1]

so as its a common carrier people who download of the network isn't to blame?

[Varna]

hi all,

just wanted to know because as far as i was aware it is only illegal to 'Share' your files over p2p networks etc. so is downloading only e.g. rapidshare or newsgroups also illegal in the eyes of UK law?

also whats happening here in the UK. i have heard a bit about government proposals to try and get ISPs to police the internet and use DPI! surely that is a breach of data protection. is this or could this really happen?

I'm pretty certain the law would argue that irrespective of how you got it, the fact you didnt pay for it or obtain it from a legal source would identify it as illegal.

I'm not too sure though, but if I were from a Music business or Film maker, I probably wouldnt care how you got it, id still see it as illegal if youve not brought it.

That said, im guessing most ISP's if monitoring you would be looking at people who use common apps to download stuff like Kazaa, Limewire or maybe bitTorrent as your uploading also?

If your using newsgroups, you can use SSL and also I guess its harder for them to catch you? I dont really know but I prefer .nzb downloading as no slow net speeds when downloading and never needing to wait a year for seeds.

Ive probably not helped, sorry! :(

[darkstate01]

Doesn't common sense kick in when you ask a question like is it illegal to download or upload illegally got/recieved files? If you have to upload or download illegal files, as the user above said SSL will save you hassle as all the data streamed between you and the server will be encrypted.

[djkemp1]

i wasn't saying that i download or upload, i was just asking as a question really as like i say, i heard in the news that the uk are trying to get tighter on downloading laws etc and a way of this would be to use DPI and i just think that if they are allowed to use DPI then every persons privacy is at risk who uses the internet. does anyone else know about this or have any views?

[JimmyCamLate]

Basically they are never gonna sue someone who only downloaded it. Why because when they goto court you could turn round and say look I already have a legal copy I was merely obtaining a back up copy as per the law allows.

Where if you are caught uploading it you can't say you own the copyrights.

[djkemp1]

ah i see jimmy, thank you for the explanation

[Sonnentier]

According to the BPI obtaining copyrighted music without permission from the record label is illegal.[1]

I doubt a "backup copy" would be legal[2], there was a proposal to make it legal[3],
but it doesn't look like it got through down to the present day. (?)

Even if ripping will be allowed, this does not necessarily mean obtaining the file from illegal sources is.

If you are interested in the copyright law, you can have a look yourself, I think it's all online
in a nice format: http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&title=copyright&number=48&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&TYPE=QS&NavFrom=0&activeTextDocId=2250249&PageNumber=1&SortAlpha=0

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[1] http://www.bpi.co.uk/digital-music/article/online-faqs.aspx
[2] http://en.wikipedia.org/wiki/Ripping#Other
[3] http://arstechnica.com/tech-policy/news/2008/01/uk-wants-to-make-cd-rips-legal-at-last.ars

[SonsOfLiberty]

According to the BPI obtaining copyrighted music without permission from the record label is illegal.[1]

I doubt a "backup copy" would be legal[2], there was a proposal to make it legal[3],
but it doesn't look like it got through down to the present day. (?)

Even if ripping will be allowed, this does not necessarily mean obtaining the file from illegal sources is.

If you are interested in the copyright law, you can have a look yourself, I think it's all online
in a nice format: http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&title=copyright&number=48&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&TYPE=QS&NavFrom=0&activeTextDocId=2250249&PageNumber=1&SortAlpha=0

¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯
[1] http://www.bpi.co.uk/digital-music/article/online-faqs.aspx
[2] http://en.wikipedia.org/wiki/Ripping#Other
[3] http://arstechnica.com/tech-policy/news/2008/01/uk-wants-to-make-cd-rips-legal-at-last.ars

How r'tarded is that, so there saying you can't copy you Eminem CD to put on your iPod/iPhone, how stupid is that.

[Pushkar]

I've seen a Downing Street Petition to make it legal to file-share in the UK, obviously this probably wouldn't go through but it's nice to see that there is an effect being made.