Ok, I will respond to this thread one more before I let it die, but only because intent is a regular poster who actually did some research and isn't just talking out his ass.
I still think we have lost focus of what we are discussing here.
In my first contribution to this topic I said this:
Originally Posted by otc
You won't get nabbed for downloading...only uploading (although bittorrent does both).
(incidentally this is about where I think blairh decided to stop reading my posts...because he keeps trying to tell me that a torrent does both)
I am well aware that bittorrent requires you to upload while you download and I stated from the beginning. Blairh chose not to read what I am actually talking about and just go at me with the crazy.
The points that intent made are completely correct and are only refutations of an argument that blairh is somehow convinced that I was trying to make despite my first post clearly stating that use of bittorrent mandates uploading.
There is no way (short of occasional flaws that get through like hacked clients) to download infringing material via bittorrent without opening yourself up to legal action--I am pretty sure we all agree on this so I don't know why it has turned into a game of "you're wrong"
The point I have been trying to convey is that every suit brought against pirates has been for uploading. I have not seen a single suit that was based upon the pure downloading (like say, from usenet where nothing is uploaded or even from a website that posted it illegally or even *watching* an unauthorized youtube video).
Again, IANAL but if you look at the relevant code
, you will see that (3) very explicitly makes distribution illegal. (1) may be twisted into making downloading illegal but it would be a nasty court case (it depends on all sorts of definitions of copying and intricacies of how computers work) and would make it subject to all sorts of goofy exceptions and fair use. I can say that I, otc, believe that there are cases in which downloading copyrighted material, without uploading, is not an illegal act in the US. I won't make the general statement as I am not sure it is true and reasonably sure that it will not remain true if it is. Even the EFF won't make this claim at intent's link--but they are pretty clear about no-upload = no lawsuit.
I will say that I believe that downloading copyrighted material without uploading will not get you in trouble in the US. If that were the case, simply watching half of the youtube videos out there would open you up to lawsuits.