Quote:
Originally Posted by Rob C
If it's not illegal to download copyrighted material, why are the various companies that create the movies, music, software, spending so much effort of closing down sites that provide these downloads? If the legality was above reproach then the sites wouldn't be able to be closed.
|
They work by people not knowing their legal rights and not having the capital to fight. They work against people's fears. In the US they sue single mums, dead people, students etc because they know they cannot fight it. They pick on the weak, helpless and ignorant. Fortuntely recently they picked on a millionaire who plans to take their invitation of a court date.
In the US, for example, the DMCA's safe harbor provisions are abused. US webhosts and are compelled to remove sites, to protect themselves from damages claims. They are effectively using blackmail to use ISP's/SP's as a proxy for enforcing IP law. Even if they're not entirely in the legal right. They publically make weak cases for suits to impact on stock prices and through backdoor channels.
Also the PirateBay is a good example of how MPAA have extra-jurisdictional reach without being in the legal right. Why? Big money.
Quote:
I'm exempt from copyright laws if the music I download is for work purposes - I use the radio station's licence. If it's not illegal then why do I need the licence?
|
Your radio station has probably hired a law firm. It is in their duty of care to you to provide good legal advice. Getting a licence is good advice for the above mentioned reasons. It covers them completely. It is also for commercial use ('work purposes') so that probably impacts things even more.
A good analogy in everyday life is the power of attorney. It does not need to be witnessed by a solictor, however most power of attorneys are. They charge, sometimes, hundreds of pounds to sign a document. Why? People want peace of mind. Even though it is not a legal requirement.
Quote:
|
Or are you saying that the person who breaches the copyright rules is only the uploader, not the leecher?
|
[/quote]
Ca-ching! Even this isn't entirely clear cut though. There's some good legal arguments to save your ass from getting sued. Causation is a big one and I'm sure if I was a millionaire my army of lawyers could think of some more.
Also to my knowledge Directive 2001/29/EC does not effect any of this atm. Directives can have Direct effect of course, but I haven't investigated this further. I don't think it does have Direct Effect though.