The copyright industry has pushed the “making available” narrative for so long, that’s sort of become the dominant talking point. IANAL, but as an internet user, I have opinions*:
a. That seems entirely backwards from what the law intends. “Making a copy” is done by the downloader, which is explicitly what the law is about.
b. The industry only went the other way because it was more convenient from a litigation perspective. It’s far easier to sue one person for seeding to 100 peers than to go after the 100 individuals who downloaded from that seeder. They got a few courts to go along with the more loose interpretation to get precedent for the next and the next suit.
* always be aware of your local copyright laws before listening to some rando online.
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If this defense is accepted by the courts it will make downloading pirated content legal for everyone.
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The copyright industry has pushed the “making available” narrative for so long, that’s sort of become the dominant talking point. IANAL, but as an internet user, I have opinions*:
a. That seems entirely backwards from what the law intends. “Making a copy” is done by the downloader, which is explicitly what the law is about.
b. The industry only went the other way because it was more convenient from a litigation perspective. It’s far easier to sue one person for seeding to 100 peers than to go after the 100 individuals who downloaded from that seeder. They got a few courts to go along with the more loose interpretation to get precedent for the next and the next suit.
* always be aware of your local copyright laws before listening to some rando online.
Please do not spread disinformation.
https://www.garfinkelcriminallaw.com/chicagocriminalblog/can-i-get-jail-time-if-i-download-a-movie-illegally
Well it depends where you live…