Ilegal Downloading

Do laws restricting certain downloads infringe

on your rights?

Taylor Pfaff, John Almagro, Jason Stock Discussion and Speech, Period 6

What We’ll Be Talking About Today

Important DefinitionsImportant DefinitionsWhat Actually Makes Downloading Material Illegal?What Actually Makes Downloading Material Illegal?Available Content To Download OnlineAvailable Content To Download OnlinePopular Legal and Illegal Programs Used For Popular Legal and Illegal Programs Used For DownloadingDownloadingPopular Torrenting WebsitesPopular Torrenting WebsitesFacts on Illegal DownloadingFacts on Illegal DownloadingPros and ConsPros and ConsThe Only Two Legal CasesThe Only Two Legal CasesWhy This Matters To YouWhy This Matters To You

Definitions

Downloading- transferring (as data or files) from a usually Downloading- transferring (as data or files) from a usually large computer to the memory of another device (as a large computer to the memory of another device (as a smaller computer) smaller computer) [Merriam-Webster, 2010][Merriam-Webster, 2010]

Illegal Downloading- downloading that is not according to Illegal Downloading- downloading that is not according to or authorized by law) or authorized by law) [Merriam-Webster, 2010][Merriam-Webster, 2010]

Torrenting- A deluge of information and files that can be Torrenting- A deluge of information and files that can be downloaded downloaded [Merriam-Webster, 2010][Merriam-Webster, 2010]

Peer To Peer (P2P) System- Sharing files directly between Peer To Peer (P2P) System- Sharing files directly between systems on the network without the need of a central systems on the network without the need of a central server server [TechTerms.com, “P2P (Peer To Peer”][TechTerms.com, “P2P (Peer To Peer”]

Definitions (Expanded)

Server- serves information to computers that Server- serves information to computers that connect to it connect to it [TechTerms.com, “Server”][TechTerms.com, “Server”]

BitTorrent- “peer-to-peer file sharing protocol BitTorrent- “peer-to-peer file sharing protocol designed to reduce the bandwidth required to designed to reduce the bandwidth required to transfer files… across multiple systems, thereby transfer files… across multiple systems, thereby lessening the average bandwidth used by each lessening the average bandwidth used by each computer” computer” [TechTerms.com, “BitTorrent”][TechTerms.com, “BitTorrent”]

Bandwidth- how much data you can send via a Bandwidth- how much data you can send via a network network [TechTerms.com, “Bandwidth”][TechTerms.com, “Bandwidth”]

More Definitions

Copyright- special right to make copies, Copyright- special right to make copies, license, and otherwise exploit some form of license, and otherwise exploit some form of media media [Dictionary.com, “Copyright”][Dictionary.com, “Copyright”]

What actually makes downloaded material illegal?

Whenever a copyright law is ignored on any Whenever a copyright law is ignored on any material, it is considered illegalmaterial, it is considered illegal

If the material is not distributed with an artist’s If the material is not distributed with an artist’s permission and/or a label or company’s permission permission and/or a label or company’s permission then it is considered illegalthen it is considered illegal

If you have not paid for the artist’s work it is not If you have not paid for the artist’s work it is not legal; technically according to the legal; technically according to the Audio Home Audio Home Recording Act of 1992Recording Act of 1992, it’s illegal to burn CDs , it’s illegal to burn CDs for other people for other people [“Is CD Copying Legal?”, TopTenReviews.com][“Is CD Copying Legal?”, TopTenReviews.com]

What Can You Download

Illegally?

Movies, Books, Comics, Music, TV Shows, Etc.

Popular Downloading

ProgramsPrograms for Legal Downloading

iTunesiTunes

Amazon.com and other Amazon.com and other WebsitesWebsites

BitTorrentBitTorrent

Programs for Downloading Pirated Material

LimewireLimewire

BitTorrentBitTorrent

uTorrentuTorrent

VuzeVuze

PizzaTorrentPizzaTorrent

Popular Torrenting Websites

Piratebay.org*Piratebay.org*

Demonoid.com*Demonoid.com*

Isohunt.com*Isohunt.com*

Kickasstorrents.com*Kickasstorrents.com*

Pros And Cons Of

Illegal Downloading

What will you decide?

Pros of Illegal Downloading

It’s become socially acceptable, especially in younger It’s become socially acceptable, especially in younger generations:generations:

Five hundred online interviews were conducted Five hundred online interviews were conducted between March 24 and March 26 throughout college between March 24 and March 26 throughout college campuses nationwide; "The results showed that 53 campuses nationwide; "The results showed that 53 percent of college students in the country are percent of college students in the country are actually aware of the issue, but only 35 percent of actually aware of the issue, but only 35 percent of that group are familiarized with their legal rights.” that group are familiarized with their legal rights.” [[Hynes, Christopher. "Survey: 67% of students don't care about illegal downloading.”] Hynes, Christopher. "Survey: 67% of students don't care about illegal downloading.”]

US research shows about 75% of all the illegal files US research shows about 75% of all the illegal files are coming from 15% of the peopleare coming from 15% of the people [ ["Internet Piracy: The Facts." "Internet Piracy: The Facts." International Federation of the Phonographic Industry Official WebsiteInternational Federation of the Phonographic Industry Official Website .].]

Other Pros

You can download almost anything, anytime; things You can download almost anything, anytime; things from software, games, music, to movies and television from software, games, music, to movies and television shows shows ["The Pros And Cons Of illegally & Legally Downloading Files." ["The Pros And Cons Of illegally & Legally Downloading Files." HubPages.comHubPages.com. ]. ]

You can find material that is high quality that’s available You can find material that is high quality that’s available for free for free ["The Pros And Cons Of illegally & Legally Downloading Files." ["The Pros And Cons Of illegally & Legally Downloading Files." HubPages.comHubPages.com. ]. ]

Most people claim to only “steal from the rich” artists Most people claim to only “steal from the rich” artists and claim that new, unknown bands are helped from and claim that new, unknown bands are helped from the attention on P2P networksthe attention on P2P networks [ ["The Past, Present, and Future of Downloading "The Past, Present, and Future of Downloading Music on the Internet.” Music on the Internet.” RemoveAdware.comRemoveAdware.com.].]

Cons of Illegal Downloading

Viruses can be transmitted to your computer while Viruses can be transmitted to your computer while downloading downloading [De Vries, Lloyd. "Kids Warned About Illegal Downloads." [De Vries, Lloyd. "Kids Warned About Illegal Downloads." CBS NewsCBS News.].]

The government can press charges, because there’s no The government can press charges, because there’s no legality to it (obviously) legality to it (obviously) [De Vries, Lloyd. "Kids Warned About Illegal Downloads." [De Vries, Lloyd. "Kids Warned About Illegal Downloads." CBS CBS NewsNews.].]

When you download illegally, you risk receiving a When you download illegally, you risk receiving a criminal record, being banned from the internet, being criminal record, being banned from the internet, being fined, or even serving jail timefined, or even serving jail time

You can be fined up to $150,000 per file that you’ve You can be fined up to $150,000 per file that you’ve downloaded downloaded [["Student Fined $675K for Illegal Music Downloads." "Student Fined $675K for Illegal Music Downloads." AudioVideoRevolutionAudioVideoRevolution. . AVRev.com,]AVRev.com,]

For those who’ve downloaded over a million files, the For those who’ve downloaded over a million files, the RIAA has made fines $250,000 total plus six years of RIAA has made fines $250,000 total plus six years of jail time jail time ["The Pros And Cons Of illegally & Legally Downloading Files." ["The Pros And Cons Of illegally & Legally Downloading Files." HubPages.comHubPages.com. ]. ]

Other Cons

With illegal downloading, the music industry loses With illegal downloading, the music industry loses millions of dollars, which hurts artists and possibly millions of dollars, which hurts artists and possibly the economythe economy

In 2004, the industry lost $2.1 billion from file-sharing In 2004, the industry lost $2.1 billion from file-sharing ["Internet Piracy: The Facts." ["Internet Piracy: The Facts." International Federation of the Phonographic Industry Official WebsiteInternational Federation of the Phonographic Industry Official Website. ]. ]

In 2004, The Department of Justice created a “Task In 2004, The Department of Justice created a “Task Force on Intellectual PropertyForce on Intellectual Property

U.S. Attorney General Alberto Gonzales claims that it U.S. Attorney General Alberto Gonzales claims that it had "helped increase the number of defendants had "helped increase the number of defendants prosecuted for intellectual property offenses by 97 prosecuted for intellectual property offenses by 97 percent from October 2004 through the end of fiscal percent from October 2004 through the end of fiscal year 2005” year 2005” [De Vries, Lloyd. "Kids Warned About Illegal Downloads." [De Vries, Lloyd. "Kids Warned About Illegal Downloads." CBS NewsCBS News.].]

The First Legal CaseThomas was charged of Thomas was charged of sharing files on a P2P sharing files on a P2P network, which violates network, which violates copyright laws in 2007copyright laws in 2007"As with all our illegal "As with all our illegal downloading cases, we have downloading cases, we have evidence of actual evidence of actual distribution--an assertion distribution--an assertion this court and others this court and others nationwide have made clear nationwide have made clear constitutes infringement… constitutes infringement… We have confidence in the We have confidence in the facts assembled against the facts assembled against the defendant." -Jonathan Lamy defendant." -Jonathan Lamy Thomas was convicted and Thomas was convicted and $1.92 million, or $80,000 on $1.92 million, or $80,000 on each of 24 songs each of 24 songs [[Condon, Condon, Stephanie. "$222K Illegal Downloading Verdict Stephanie. "$222K Illegal Downloading Verdict Tossed." Tossed." CBS NewsCBS News.].]

Jammie Thomas (Yes, This Is Actually

Her Name)

The Most Recent Case

Joel Tenenbaum• Tenenbaum was arrested and Tenenbaum was arrested and

convicted of sharing illegal convicted of sharing illegal music; which cost him $22,500 music; which cost him $22,500 for every copyright infringementfor every copyright infringement

• One of two US cases involving One of two US cases involving illegal downloadingillegal downloading

• Tried to get support through his Tried to get support through his website website [Tenenbaum, Joel. "New Trial, [Tenenbaum, Joel. "New Trial, Please." Please." Joel Fights BackJoel Fights Back. N.p., n.d. Web. 13 . N.p., n.d. Web. 13 May  2010. <http://joelfightsback.com/>.]May  2010. <http://joelfightsback.com/>.]

• Tenenbaum said “I used the Tenenbaum said “I used the computer. I uploaded, I computer. I uploaded, I downloaded music ... I did it.” downloaded music ... I did it.” When asked, he claimed the When asked, he claimed the moral issue of downloading was moral issue of downloading was a loaded question a loaded question [Lavoie, Denise. [Lavoie, Denise. "Jury awards $675K in music downloading "Jury awards $675K in music downloading case." ]case." ]

Why Does This Matter To

You?

The Effect On You

• Today, we live in a world full of people who Today, we live in a world full of people who pirate music, comics, movies and other pirate music, comics, movies and other material, so you’ll meet people or realize that material, so you’ll meet people or realize that those around you may illegally download those around you may illegally download thingsthings

• It will likely become an increasingly important It will likely become an increasingly important legal issue within the next few yearslegal issue within the next few years

• You will need to make a stand on your view You will need to make a stand on your view and defend it in our class discussion!and defend it in our class discussion!