Are Music & Movie Downloads Legal?
- YES!
Today, there are over 280 million users trading MP3s, videos,
software and games on legal file-sharing networks. You can
be assured that file sharing is legal, MP3s are legal, and
your membership to MP3-Source.net is legal.
Share Responsibly
There are currently over 240 million users
downloading and trading files legally on file-sharing networks.
You can, for example, legally download music from over 850
bands, over 20,000 live concerts as well as have access
to multiple software titles and games. File sharing is not
illegal so long as you abide by all relevant copyright laws.
Sharing copyrighted material without the permission to do
so is illegal.
Original works of authorship, including literary,
dramatic, musical, artistic, and certain intellectual compositions
are protected by copyright law. If a person publicly performs,
reproduces, distributes copies, or displays works without
consent of the copyright owner could be in violation of
the law. Go to http://www.loc.gov/copyright/
and learn more about U.S. copyright law. Purchasing a membership
in MP3-Source.net does not give you license to download
or upload copyright material. MP3-Source.net implores you
to respect copyright laws and share responsibly.
File sharing has been a hot topic in several
countries around the world. Below are samples of court decisions
from the United States of America, Canada, and the Netherlands.
USA Court Decision
Decentralized File-sharing Tools Ruled Legal
Streamcast and Grokster have won a major court decision
in Los Angeles, shifting the tides of the on-line P2P legal
war. Federal court Judge Stephen Wilson has dismissed much
of the studios' claims in their lawsuits against them, stating
that Morpheus and Grokster were not liable for copyright
infringements that took place using their software.
Federal
Judge Rules: File-swapping tools are legal
The ruling stated loud and clear that innovating
decentralized peer-to-peer Gnutella-like software is perfectly
legal, and shouldn't be deemed illegal in the courts. The
courts compared the technology with the innovation of the
original Sony videocasette recorder (VCR).
Fred von Lohmann of the Electronic Frontier
Foundation (EFF) stated the case is far from over, but that
the case sends a "strong message to the technology
community that the court understands the risk to innovation"
the case could represent
The Recording Industry Association of America
(RIAA) and Motion Picture Association of America (MPAA)
offered no comment, but are of course issuing an appeal
to the ruling already. Published By Mike Darrah - April
25, 2003
Canadian Court Decision
Canada's Federal Court has ruled against a
motion which would have allowed the music industry to begin
suing individuals who make music available on-line. He said
that downloading a song or making files available in shared
directories does not constitute copyright infringement under
the current Canadian law.
"Justice Konrad von Finckenstein ruled
Wednesday that the Canadian Recording Industry Association
did not prove there was copyright infringement by 29 so-called
music uploaders. Without the names, CRIA can't begin filing
lawsuits against the alleged high-volume music traders,
identified only as John and Jane Does. It also reaffirms
what the Copyright Board of Canada has already ruled --
downloading music in this country is not illegal. Von Finckenstein
said that downloading a song or making files available in
shared directories, like those on Kazaa, does not constitute
copyright infringement under the current Canadian law. "No
evidence was presented that the alleged infringers either
distributed or authorized the reproduction of sound recordings,"
he wrote in his 28-page ruling. "They merely placed
personal copies into their shared directories which were
accessible by other computer users via a P2P service."
With all of the usual cavets about appeals,
this decision makes it practically impossible to prosecute
file sharers in Canada. von Finkenstein has gone well beyond
the idea that downloading is legal in Canada. By expressly
mentioning "merely placing personal copies into their
shared directories" does not constitute distribution
he has blown a huge hole in the arguments which swirled
around the whole question of the legality of uploading in
Canada.
(Published April 1, 2004 http://grep.law.harvard.edu/article.pl?sid=04/04/01/0411227&mode=thread)
European Court Decision
The Supreme Court of the Netherlands has thrown
out an appeal by music industry lobbyists who wanted the
popular Kazaa file-sharing software to be ruled illegal.
The victory for Kazaa, which follows similar
US rulings in favour of peer-to-peer (P2P) software firms
Grokster and Morpheus, is a huge blow to the music industry.
It has fought a long battle to close down file-sharing networks
and criminalise the software that makes file swapping illegal.
The Dutch decision means that the developers
of the software cannot be held responsible for how individuals
use it.
(Dinah Greek, vnunet.com 19 Dec 2003, http://www.pcw.co.uk/news/1151673)
Share Responsibly:
Using P2P programs to download and distribute copyrighted music, movies, and games without permission is illegal and can subject you to lawsuits, fines and even criminal prosecution. Purchasing a membership in MP3-Source.net is not a grant of permission from any copyright holder to download or share any copyrighted work. MP3-Source.net implores you to respect all copyright laws and determine which works can be shared or downloaded legally before downloading or sharing files. Sharing is not illegal as long as you obey all relevant copyright laws. Please read the important Consumer Alert concerning peer-to-peer (P2P) software from the US Federal Trade Commission.
