Uploading - Distrubution Or Not

**Adster** · 09-10-2003, 04:50 AM

Put it this way ok where downloading data right????

so downlaodign data is not ilegal right????

if it is we cant downloading anythign at all and that means the internet would be ilegal

also why make mp3s players legal then if its ilegal??

**mogadishu** · 09-10-2003, 05:03 AM

Originally posted by Hogster@9 September 2003 - 23:50
Put it this way ok where downloading data right????

so downlaodign data is not ilegal right????

if it is we cant downloading anythign at all and that means the internet would be ilegal

also why make mp3s players legal then if its ilegal??

interesting.. i mean how can they prove this data is the music etc..

**DasScoot** · 09-10-2003, 05:04 AM

Originally posted by REALITY+10 September 2003 - 04:30--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (REALITY @ 10 September 2003 - 04:30)</td></tr><tr><td id='QUOTE'> <!--QuoteBegin-slick nick@9 September 2003 - 20:43
The concept of me downloading off you is not comparable to you having a cd at my house and for whatever reason me copying it.

Then I must firgure that you can point to law that clearly states putting mp3's in a shared folder is illegal??

on a p2p network we all know what we are their for and anything in our shared folder the public can access. you example is of something unintentional. p2p is intentional sharing.

Maybe so, but does that define it is as illegal??

You put your cd's in your shared folder inviting people to download them. you have to have a filesharing program open for it to be downloaded. you are intentionally distributing the cd. either that or you like to waste system resources running programs that you aren't using by running a p2p client with a cd in the folder and not downloading yourself.

It sounds as though you have deemed the intention of ones actions as illegal, this still smells of a rather border line definition. Perhaps I open KaZaa and do a media search and it shoves media files into a shared that I did not intend to have there, at the same time the progam is set to load with windows, now since the intention is different should that be deemed unintentional distribution thus not being an offence... [/b][/quote]
That's like saying if you light a pillow on fire and it burns a house down, you're not to blame because there's no law against lighting pillows on fire.

You're trying to imply with your metaphors that you have absolutely no control over the fact that people can upload your files. This is stupid, you downloaded and installed Kazaa, and put those files in that shared folder. You have complete control over the availibility of those files.

If you want to test this in court be my guest, but I'm 100% sure you'd lose.

**RealitY** · 09-10-2003, 05:15 AM

Originally posted by DasScoot@10 September 2003 - 06:04
That's like saying if you light a pillow on fire and it burns a house down, you're not to blame because there's no law against lighting pillows on fire.

Wasn't going that far at all...

You're trying to imply with your metaphors that you have absolutely no control over the fact that people can upload your files. This is stupid, you downloaded and installed Kazaa, and put those files in that shared folder. You have complete control over the availibility of those files.

No just saying that you have to classify the intention as being illegal, don't you?

If you want to test this in court be my guest, but I'm 100% sure you'd lose.

Maybe so, but food for thought...
This is simply based on the idea behind the Jane Doe defense, so we will see.

**slick nick** · 09-10-2003, 05:24 AM

"Then I must firgure that you can point to law that clearly states putting mp3's in a shared folder is illegal??"

putting it in there and never running a p2p client where it can be downloaded off you isn't illegal putting it in there and running a client where it can be distributed is. you're infringing on the copyright by distributing it.

"Maybe so, but does that define it is as illegal??"

that's not the issue. of course putting it in there isn't illegal but running a client that will distribute it is.

"It sounds as though you have deemed the intention of ones actions as illegal, this still smells of a rather border line definition. Perhaps I open KaZaa and do a media search and it shoves media files into a shared that I did not intend to have there, at the same time the progam is set to load with windows, now since the intention is different should that be deemed unintentional distribution thus not being an offence..."

I deemed it such because it truly is. you have to chose what kazaa shares on your computer. kazaa creates a folder and whatever you download goes in there. in your example of you putting the thing in there you've taken the initiative and put it in there and are using a client that will lead to it's distribution. your example of kazaa choosing something on your comp isn't possible. kazaa shares what you allow it. but let's say this did happen. the act of downloading copyrighted material is also illegal so you're just on the recieving end of distribution and still guilty by downloading. i.e. the verizon customet who downloaded 600 songs in one day. using a program that facilites illegal distribution and searching for copyrighted material or non copyrighted material yet having the copyrighted stuff in your folder MAY make you liable since you are using a program that can lead to this. but we are getting far away from the fact of business. people with hundreds of copyrighted songs not people with weird shit happing to them. these scenarios don't come close to fitting most of us.

**slick nick** · 09-10-2003, 05:32 AM

Originally posted by Hogster@10 September 2003 - 05:50
Put it this way ok where downloading data right????

so downlaodign data is not ilegal right????

if it is we cant downloading anythign at all and that means the internet would be ilegal

also why make mp3s players legal then if its ilegal??

why make vcr's and dvd players when the materials in them can be illgeal i.e pirated tapes or dvd's? if you mp3 your entire album collection and put it into an mp3 player vs someone who abuses it and puts illegally distributed stuff on there that doesn't mean they should be outlawed.

The data be it kiddie porn or mp3 has readable hash info or some shit like that that is used to identify it.

"No just saying that you have to classify the intention as being illegal, don't you?"

you have to come up with an applicable to jane doe or anybody where something was unintentionally shared. that's impossible in kazaa since you must chose what is shared and what isn't.

**RealitY** · 09-10-2003, 05:51 AM

Enough Said...
Points well made...
Although I still think this can be legally challenged on some level.

On a side note, an interesting post by Faethe on how fileshring copyright material could be legalized...
Read Snapster

I guess it seems P2P will never go away...

Perhaps it will be defended
Perhaps it will be more secure
Perhaps it will be legalized
Perhaps it will go underground

But it will remain I imagine somehow...

**james_bond_rulez** · 09-10-2003, 05:55 AM

file sharing of free licenced shareware, freeware (software, songs, games...) is not illegal

however if you share copyright protected material it's ILLEGAL

why is that so hard to understand?

but then we all do that so we are all idiots...