Comments on: ‘Piracy is sexy’ – Vivian Reding

By: Crosbie Fitch

Crosbie Fitch — Fri, 10 Jul 2009 16:09:22 +0000

But, the copy is manufactured by the supplier’s computer, whose owner has authorised it to do so on demand.

I agree that making available is not infringement, but at the point a file is downloaded a copy may be manufactured by the supplying computer in order to satisfy the downloader’s request.

Bear in mind that logically the downloader cannot possibly make the copy because they do not possess the original. They may assemble the copy that is delivered in pieces to them, but that is assembly, not copying.

See: http://www.p2pnet.net/story/18286

By: Reader's Write

Reader's Write — Fri, 10 Jul 2009 16:02:59 +0000

A person who has a file in there shared folder is not making the copies. Yes, they are allowing the copies to be made, but they are not making the copies. (Hence the making available crap they are trying to push down our throats). The person downloading has requested a copy of the file, and is therefore making the copy. It may be a infringinf or a non infringing copy depending on the use.

By: Crosbie Fitch

Crosbie Fitch — Fri, 10 Jul 2009 15:43:07 +0000

Downloading isn’t an illegal or infringing act by the downloader, but the process often involves the production of an infringing copy (on the part of the supplier of the file if they make a copy). So folk will say “Downloading is (often) illegal” (if illegal means infringing the privilege of copyright) and leave the reader to assume it’s illegal for the downloader – when it’s only a potential infringement by the unauthorised manufacturer of the copy (not the downloader).

Some people like to say downloading is a crime, which is a somewhat different claim.

By: Reader's Write

Reader's Write — Fri, 10 Jul 2009 15:23:20 +0000

And because of three strikes laws, /i/nsurgency is becoming not only a duty but also FUN!

By: surfer

surfer — Fri, 10 Jul 2009 15:16:07 +0000

Viv, baby, dahling.. downloading is NOT illegal, this just shows how effective the MAFIAA’s FUD is.. /insert rolled eyes here.

Downloading is a process in which files are transferred digitally from one location to another. If said file is covered by draconian copyright, then it might be considered infringing at the very least, illegal it ain’t.

stw