The Legal Aspect Of File-Sharing

There is a raging debate over the legal aspects of file-sharing. I hope to spread some light on this issue.

I am starting this thread because I've been asked this question quite often.

A. The Concept Of File-sharing in itself is NOT illegal.

B. Contrary to Popular Belief (downloading certain material unfortunately is stealing-based-on-the-law) - I'll attempt to explain the controversy.

b1. Stealing means to take the property of another without permission. So the argument goes: (if x -->y and y-->z)

If x owns/produces a product and sells it to y and y in turn shares-it with z (did z commit theft?)

The answer is a matter of perspective:
z did not commit an act of theft against y (this is where most people stop in their arguments)

BUT z did commit an act of theft against x (by law because z did not obtain permission from x to acquire the product and or resource).

Now y did not commit theft but did infringe on the rights of x because when y purchased a product from x one of the conditions of that sale was to abide by the conditions of using the product those rights are clearly spelled out in the fine print on most material.

If you go to court this is what's going to be at issue, so the judge does not care about how you perceived this agreement and the issue will be decided on the fact presented.

C. What about fair use?

Again the consumers rights are explained in legal verbage of the material. However people are not getting in trouble for using their products fairly they are getting in trouble for violating the terms of the agreements they made when purchasing certain digital media.

Nobody has gone to jail for converting their media to another format (MP3/AVI etc) for their personal use. (however this can sometimes be a violation of an agreement (read the fine print.))

What has drawn attention to this issue is that people take those digital copies and share them in a public place (the Internet) where people (anonymous users) can obtain this material. This issue would not exist if people did not do this.

Finally, there is a process for obtaining permission for certain types of additional uses.

hope this helps

http://www.leeware.com