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Instead, "interference with copyright does not easily equate with theft, conversionor fraud.

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The Copyright Act even employs a separate term of art to define one who misappropriates a copyright: The word itself had already been in use since the 16th century, referring to pirates, and meant "looting" or "plundering".

This form of the word — a portmanteau of " freeloading " and " bootlegging " — was suggested by YouTuber and podcaster Brady Haran in the podcast Hello Internet.

An alternative proposed by co-host CGP Grey is viewjacking. Some of the motives for engaging in copyright infringement are the following: For example, inthe US Army settled a lawsuit with Texas -based company Apptricity, which makes software that allows the army to track their soldiers in real time.

The statement occurred during the third year that the festival used the Internet to present its content, while it was the first year that it featured a showcase of content producers who work exclusively online. Cusumano further explained that downloading behavior is not merely conducted by people who merely want to obtain content for free: I think that if companies were willing to put that material out there, moving forward, consumers will follow.

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It's just that they [consumers] want to consume films online and they're ready to consume films that way and we're not necessarily offering them in that way. So it's the distribution models that need to catch up. People will pay for the content.

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The list of reasons for downloading given by the study respondents included money saving; the ability to access material not on general release, or before it was released; and assisting artists to avoid involvement with record companies and movie studios.

Although about three million computers get sold every year in China, people don't pay for the software. Someday they will, though. And as long as they're going to steal it, we want them to steal ours. They'll get sort of addicted, and then we'll somehow figure out how to collect sometime in the next decade. The strong tradeoffs that favor using digital piracy in developing economies dictate the current neglected law enforcements toward digital piracy.

A visitor from the west gave her bootlegged copies of American movieswhich she dubbed for secret viewings through Romania.

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In countries with copyright legislation, enforcement of copyright is generally the responsibility of the copyright holder. For example, major motion-picture corporation MGM Studios filed suit against P2P file-sharing services Grokster and Streamcast for their contributory role in copyright infringement.

Grokster case did not overturn the earlier Sony v. Universal City Studios decision, but rather clouded the legal waters; future designers of software capable of being used for copyright infringement were warned. If the work was produced under corporate authorship it may last years after creation or 95 years after publication, whichever is sooner. Article 50 of the Agreement on Trade-Related Aspects of Intellectual Property Rights TRIPs requires that signatory countries enable courts to remedy copyright infringement with injunctions and the destruction of infringing products, and award damages.

In some jurisdictions, copyright or the right to enforce it can be contractually assigned to a third party which did not have a role in producing the work. When this outsourced litigator appears to have no intention of taking any copyright infringement cases to trial, but rather only takes them just far enough through the legal system to identify and exact settlements from suspected infringers, critics commonly refer to the party as a " copyright troll ".

Such practices have had mixed results in the U. Criminal Copyright Law in the United States Punishment of copyright infringement varies case-by-case across countries. To establish criminal liability, the prosecutor must first show the basic elements of copyright infringement: The government must then establish that defendant willfully infringed or, in other words, possessed the necessary mens rea. Misdemeanor infringement has a very low threshold in terms of number of copies and the value of the infringed works.

The ACTA trade agreementsigned in May by the United States, Japan, and the EU, requires that its parties add criminal penalties, including incarceration and fines, for copyright and trademark infringement, and obligated the parties to actively police for infringement. The ruling gave rise to what became known as the "LaMacchia Loophole", wherein criminal charges of fraud or copyright infringement would be dismissed under current legal standards, so long as there was no profit motive involved.

The court's ruling explicitly drew attention to the shortcomings of current law that allowed people to facilitate mass copyright infringement while being immune to prosecution under the Copyright Act. Proposed laws such as the Stop Online Piracy Act broaden the definition of "willful infringement", and introduce felony charges for unauthorized media streaming.

These bills are aimed towards defeating websites that carry or contain links to infringing content, but have raised concerns about domestic abuse and internet censorship. Noncommercial file sharing[ edit ] Legality of downloading[ edit ] To an extent, copyright law in some countries permits downloading copyright-protected content for personal, noncommercial use. The Copyright Directive was not intended to legitimize file-sharing, but rather the common practice of space shifting copyright-protected content from a legally purchased CD for example to certain kinds of devices and media, provided rights holders are compensated and no copy protection measures are circumvented.

Rights-holder compensation takes various forms, depending on the country, but is generally either a levy on "recording" devices and media, or a tax on the content itself. In some countries, such as Canada, the applicability of such laws to copying onto general-purpose storage devices like computer hard drives, portable media players, and phones, for which no levies are collected, has been the subject of debate and further efforts to reform copyright law.

In some countries, the personal copying exemption explicitly requires that the content being copied was obtained legitimately — i. Other countries, such as the Netherlands, make no such distinction; the exemption there had been assumed, even by the government, to apply to any such copying, even from file-sharing networks. However, in Aprilthe Court of Justice of the European Union ruled that "national legislation which makes no distinction between private copies made from lawful sources and those made from counterfeited or pirated sources cannot be tolerated.

For example, in Canada, even though it was once legal to download any copyrighted file as long as it was for noncommercial use, it was still illegal to distribute the copyrighted files e. However, this only applies to "bootleg distribution" and not non-commercial use. However, questions of liability have also emerged in relation to other Internet infrastructure intermediaries, including Internet backbone providers, cable companies and mobile communications providers.

Litigation and legislation concerning intermediaries[ edit ] Early court cases focused on the liability of Internet service providers ISPs for hosting, transmitting or publishing user-supplied content that could be actioned under civil or criminal law, such as libeldefamationor pornography. The first laws on online intermediaries' liability were passed from the mids onwards.

Digital Millennium Copyright Act and the European E-Commerce Directive provide online intermediaries with limited statutory immunity from liability for copyright infringement. Online intermediaries hosting content that infringes copyright are not liable, so long as they do not know about it and take actions once the infringing content is brought to their attention. Under European law, the governing principles for Internet Service Providers are "mere conduit", meaning that they are neutral 'pipes' with no knowledge of what they are carrying; and 'no obligation to monitor' meaning that they cannot be given a general mandate by governments to monitor content.

These two principles are a barrier for certain forms of online copyright enforcement and they were the reason behind an attempt to amend the European Telecoms Package in to support new measures against copyright infringement. Legal action against such intermediaries, such as Napsterare generally brought in relation to principles of secondary liability for copyright infringement, such as contributory liability and vicarious liability.

In this animation, the colored bars beneath all of the seven clients in the upper region above represent the file, with each color representing an individual piece of the file.

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After the initial pieces transfer from the seed large system at the bottomthe pieces are individually transferred from client to client. The original seeder only needs to send out one copy of the file for all the clients to receive a copy. These types of intermediaries do not host or transmit infringing content, themselves, but may be regarded in some courts as encouraging, enabling or facilitating infringement by users.

These intermediaries may include the author, publishers and marketers of peer-to-peer networking software, and the websites that allow users to download such software. In the case of the BitTorrent protocol, intermediaries may include the torrent tracker and any websites or search engines which facilitate access to torrent files.

Torrent files don't contain copyrighted content, but they may make reference to files that do, and they may point to trackers which coordinate the sharing of those files. Some torrent indexing and search sites, such as The Pirate Bay, now encourage the use of magnet linksinstead of direct links to torrent files, creating another layer of indirection; using such links, torrent files are obtained from other peers, rather than from a particular website.

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