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The article only refers to copyright controversies, shouldn't it be 'File sharing and copyright law'? —Preceding unsigned comment added by 75.85.230.23 (talk) 09:02, 23 November 2008 (UTC)
i checked out the talk page for exactly this reason. this page has little to do with sharing of files, a file could be a picture image i took and sent to a friend, it could be a short video of my pets i took and shared online or an open source game or program uploaded to a file sharing site/torrent tracker. this article deals specifically with "copyright infringing" and not the broad gamut of sharing of files there for i believe the name needs changing. Nosdan (talk) 13:08, 26 July 2014 (UTC)
Still waiting for input. Should I include material on (a) procedural issues and (b) counterclaims? —Preceding unsigned comment added by 66.149.34.242 (talk) 23:02, 31 October 2007 (UTC)
Hope I haven't stepped on any toes but I agree that (a) the subject, the legal issues surrounding file sharing, deserves an article of its own, and (b) the initial article needs a lot of fixing up, and so I stepped in and rewrote most of the section on caselaw.
I was trying to (a) take out stuff that was wrong or offtopic, and (b) put in a more meaningful structure.
I have tons of additional material I can add but need input on 2 questions before I do:
(1) Should I include material on procedural issues, such as discovery, evidence, etc.? (This has a lot to do with how the cases will turn out, especially since much of the controversy surrounding these cases is that so many of the defendants never even heard of, let alone engaged in, file sharing.)
(2) Should I include material on counterclaims? (Some of the counterclaims might have nothing to do with the substantive copyright law issues, but may have an important bearing on the outcome.)
24.199.110.5 13:11, 3 September 2007 (UTC)RayBeckerman
The bulk of this material was dragged over from File sharing; the subject is worthy of its own article on the legal aspects, and fragments of the topic are scattered on almost every file sharing and P2P related article.
But now created, the article needs a lot of tidying up, feel free to join in !!! :) FT2 (Talk | email) 18:38, 19 June 2007 (UTC)
Am I the only one feeling this article is unnecessarily USA-focused, at least in the beginning? Lejman 16:29, 23 September 2007 (UTC)
Nope, I agree. 124.171.228.172 18:54, 5 October 2007 (UTC)
It's an American site. You're luck there's mention of any other nations at all, and if they are, it's only because there's some connection to the USA. If you want an entry on German P2P, go to the German Wiki. —Preceding unsigned comment added by 138.163.0.43 (talk) 15:59, 30 January 2008 (UTC)
I agree that this article could be greatly enhanced by adding the laws and regulations for file sharing in countries other than the US. It would allow for a broader understanding of the issues at hand as well as give other perspectives on the topic. Also, this is not just an "American" site. This section of Wikipedia is in English, but, that does not mean we should shut out information on the laws and cultures of other countries. —Preceding unsigned comment added by Burnit999 (talk • contribs) 19:47, 9 May 2008 (UTC)
In Poland copyright law (1994-current) allows for downloading publicly available materials for personal use and swapping of them with people with whom you have "personal/casual relations" (don't know how to translate it. family+friends). So people can download from p2p networks but can't upload unless it's a f2f network. The Police actually need to know that a person uploaded data to the network to take any action. EU isn't putting any "serious" pressure (no one is talking about changing the legislation in the media or on the net) and only ZAIKS's lawyers (artist protection agency) are claiming that downloading is illegal. —Preceding unsigned comment added by 80.53.234.243 (talk) 19:40, 14 October 2007 (UTC)
The entire article is un-encyclopedic and uses a speaking tone intead of being neutral. Also it's against NPOV. I'm going to be bold and fix some of these problems. Vscel4 (talk) 20:35, 29 February 2008 (UTC)
Copyright exists so that creators solely can benefit from their creations, singers from their hit songs, directors from their blockbuster movies and inventors from their gadgets (dealt with under the patent system). Copyright makes sure only creators and lawful purchasers can benefit from creations, so that disgruntled creators do not stop creating and making progress for common good.
This assertion is simply flat out false. Copyrights are being used to expand the power of the mafia-like corporations represented by the MPAA and RIAA, allowing them to assert undue power over their users, chipping away at end user rights and corroding the free dissemination of information and works on the internet. The recording labels and studios do not produce anything, they are the antithesis of creative, honest work. They have imposed themselves as a third party that artists have to go through to share their work, effectively monopolizing and controlling all musical talent. The labels aren't making any music, they are pimping their artists and coming after us for their supposed "dues." When you buy a $20 CD, 19 of those dollars go to people other than the artist. Once recording techs, etc are accounted for $15-18 go to the recording labels and associated corporations.
If there was no copyright nobody would create anything, out of fear of being robbed of his/her creation without due compesation and the world would be like the gipsy or the redskins, sitting around miserable their tents totally unproductive, stuck so primitive literally little more than apes.
Again, another opinionated assertion with no basis in a reality outside of the poster's head. If every recording label went out of business tomorrow, the music industry would be untouched. A new paradigm shift would have to occur so that artists can share their work and get paid for it through entirely new mediums. For someone who obviously has no idea about the sophistication and importance "redskin" culture, your claims are little more than racist, elitist banter. They are neither miserable nor totally unproductive, they live a life free from needing fancy gadgets and material objects for "happiness," and their productivity is of a completely different kind than such a dense, ethnocentric perspective can possibly grasp- it is sustainable, one with nature and the universe. It is totally unlike the cancer (pollution, destruction, war, famine, mass ignorance, subversion, corruption, extinction) that we call our civilization.
The cyber-anarchist, basement dwelling, P2P loving spotty nerds want to abolish copyright and then nobody will create anything significant and the free world will be like the USSR in 20 years. Nobody will make Titanic2 or so for 355 million dollars, if it gets pirated on the first day, spewed onto bittorrent and almost nobody goes to see it at the movie for a total loss of investment for the creators.
More baseless spin and scare tactics. No one is going to abolish copyright laws, nor is it desirable or necessary to do so even if music and other media were shared on the internet at no cost. Artists need to be more flexible with their copyright laws and more assertive in maintaining their copyrights instead of selling them off to corporations. Artists that publish their albums online independently make more money charging $3 for the whole album than they would selling albums for $20 while being pimped by record labels, which terrifies record labels and in their eyes justifies hard handed tactics to continue to monopolize the recording and dissemination of music. It also remains completely unproven that because someone sees a movie or listens to an album online that, given the material is good, they will not spend money later to watch the movie in higher quality or to secure the album with better sound. Most big losses are movies and music of poor quality that people would not buy or watch anyway unless they are tricked into it by things like "trailers" and "singles," which are purposefully constructed to paint a picture that is many times quite deceiving to consumers. In many ways being able to sample copyrighted material freely online actually protects capitalism and the art of music and film by giving more power to the "invisible hand" that guides the market.
Movie piracy actually has a pronounced destructive effect on the very fabric of society. People watch for-free P2P bootleg material leaning over on their own monitor alone, instead of going to the cinema, where the silver screen was a common gathering place for the the community, where love relations formed, etc. P2P viewership atomizes the society, people seldom come out of their basement, a country falls apart into a heap of many million isolated individuals. This is probably intentional, the secret powerful supporters of P2P want to destroy bonds that holds nation-states together, so they become fragile and easy to rule over.
Yet, this wikipedia article is trying to supress all these basic truths by flooding the reader with a plethora of minor technicality details.
82.131.210.162 (talk) 15:28, 15 May 2008 (UTC)
Curtailment of free speech, destruction of privacy, corporate policing and the intellectual choke hold on art are far more dangerous and destructive to the fabric of society. This last paragraph perhaps makes the most ridiculous claims. People watch P2P bootleg material alone, or surrounded by family and friends, or with their girl/boy friend or however else they want to see it. Being a bootlegger does not preclude one from having friends or forming relationships, and to suggest otherwise is simply stupid. In fact, there are many reasons nowadays to completely avoid crowded areas such as movie theaters (swine flu anyone?) and the level of long lasting romantic relationships formed at a movie theater versus casual sexual encounters is undiscernable and cannot be called either "good" or "bad." P2P viewership doesn't atomize society or dictate the way people behave or what they find enjoyable, society itself does that. Blaming social woes on P2P is not only ignorant and ridiculous, it is downright scapegoating for the institutions in our society that are rotting it from within.
http://www.cb-cda.gc.ca/decisions/c20082008-b.pdf
That's the link to the proposed legislation in pdf format. It's an official document to be used in the house of commons. Here's the link to where it came from: http://www.cb-cda.gc.ca/new-e.html
I'm not sure how to add the reference/citation myself, so if someone would be so kind. . . —Preceding unsigned comment added by 99.225.52.60 (talk) 22:50, 22 June 2008 (UTC)
So where do you draw the line between Unethical Laws & Unlawful Ethics ?
Where do you draw the line between sharing/giving and pirating?
As as it stands, giving and sharing, the concept of generosity will be illegal in a few years!
Response - The line between sharing/giving and pirating is that if you made it, then go ahead and give it away for free, but if someone else made it, then it isn't yours to give away. Ask yourself this question. Would you give away your hard work? It's only easy for you to use this argument because you didn't make it and, therefore, haven't put any effort into creating it.
I believe this article is a great example of POV violations. It was clearly written to push one view. And the misuse of terms indicates that the writers do not understand the subject. For example, "fair use" is used incorrectly multiple times. There is also an inane, first person, anecdotal statement "justifying" illegal action. Further, court cases have been cherry-picked to favor one side of the argument. I tend to doubt that the article can be salvaged and don't think this is the correct medium for this type of argument. Objective3000 (talk) 11:30, 19 July 2008 (UTC)
The article now makes an unqualified statement that downloading is legal in some countries. As I understand it, the Spanish courts ruled that subpoenas could not be issued to ISPs to obtain names of downloaders in civil court. They would have to be issued for a criminal case. Pirate Bay then circulated throughout the Internet that the courts ruled that downloading is legal in Spain. The court said no such thing. As a result, there has been much confusion in Spain and contradictory statements. A general encyclopedia should not be in the business of providing legal advice. In particular, flat-out statements that highly dubious actions are legal should certainly not appear here. Objective3000 (talk) 13:43, 27 August 2008 (UTC)
Well, duh. Does that template really need to be there? --Arperry (talk) 17:37, 9 September 2008 (UTC)
I'm wonding if i upload content that was issued to me by record companies to promote as a radio disc jocky and i have those promo copies.would it be an infringment of copy right.being they issue them to me to play to the public and are label for promotional use only does this constitute infringment? This is a very good question which i would like an answered. —Preceding unsigned comment added by 98.113.110.159 (talk) 04:25, 11 September 2008 (UTC)
Quite unexpectedly, this image of file sharers demonstrating against file sharing laws was deleted by Objective3000, who claims that it has no relation to the text. To me that is completely incomprehensible; it is a fact that the demo occured and it is obvious that the image deals with the subject of file sharing and the law. I will reinsert the image once more, and if Objective3000 still disagrees I suggest we take it to Wikipedia:Third opinion to avoid an edit war. Äppelmos (talk) 16:08, 12 February 2009 (UTC)
I must agree with Appelmos here. This picture is a great depiction for that section of the article. The neutrality claim is dated (from 2007) and thus should probably be removed from the article. JeremyWJ (talk) 01:28, 17 February 2009 (UTC)
The legal information by country needs attention. It's a summary section that provides links to other articles where needed, so it doesn't need to recap the entirety of copyright law, just summarize the law and its key cases.
There is also considerable duplication in some countries (Spain, US, EU) where content was merged.
FT2 (Talk | email) 10:03, 16 January 2011 (UTC)
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This page has serious problems. I checked two cases mentioned in the article, Atlantic v. Howell and Capital v. Thomas, and both decisions used to make an argument were reversed. It's bad enough that the article is dead wrong on the disposition of these case, it shouldn't be arguing a case in the first place. 74.108.115.191 (talk) 16:37, 10 July 2013 (UTC)
For some reason User:Nosdan feels that renaming the article to Legal aspects of copyright infringement is a better title. Well, frankly that name is absurd. The article was originally created to remove the legal discussions from an article about file sharing, and this is the subject matter of it still. To broaden the aspect to all copyright infringements is counter intuitive and does not reflect the intent. It is also a bizarre, unencyclopedic title as both copyright and infringement are entirely legal subject matters, and so the title makes not much sense. What are the other (not legal) aspects of copyright infringement? The practical manner of doing it? That title only adds to the poor presentation of the subject. Kbrose (talk) 14:42, 24 February 2015 (UTC)
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The "Effects" section currently says:
"A study ordered by the European Union found that illegal downloading may lead to an increase in overall video game sales because newer games charge for extra features or levels. The paper concluded that piracy had a negative financial impact on movies, music, and literature. The study relied on self-reported data about game purchases and use of illegal download sites. Pains were taken to remove effects of false and misremembered responses."
Whereas the cited Newsweek article says:
"Your illegal downloads of video games, top music acts and even e-books don't harm sales, according to a landmark report on piracy that the European Commission ordered but then buried when the findings didn't tell officials what they wanted to hear.
The 300-page study offered the counterintuitive conclusion that illegal downloads actually help the gaming industry and have no negative impact on music sales by big stars or on e-book profits. Sales of movie blockbusters are negatively affected.
“In general, the results do not show robust statistical evidence of displacement of sales by online copyright infringements," according to the report. "That does not necessarily mean that piracy has no effect but only that the statistical analysis does not prove with sufficient reliability that there is an effect.”
The European Commission had ordered up the 2015 report to determine "the extent to which digital consumption of pirated materials displaces legitimate purchases is of fundamental importance for EU copyright policy design" and paid researchers about $428,000 for it. But its findings were not revealed until 2016, when two commission officials hailed a link between reduced sales for blockbusters and illegal downloads, without mentioning the report's main finding about the positive impact on gaming and its neutral view of illegal music and e-book downloads.
That caught the eye of Julia Reda, a German member of the European Parliament, who opposes an EU proposal that would crack down on companies like Google or YouTube for allowing people to illegally post the protected material on their sites. Reda brought the full report, and the fuller picture of the impact of piracy, to light.
"Why did the commission, after having spent a significant amount of money on it, choose not to publish this study for almost two years?" Reda said. She suggested that greater attention to the full report would have hurt the anti-piracy bill she opposes.
In the music industry, the lack of piracy impact applies mostly to big artists since "live concerts generate more revenue than all forms of recorded music." It's still unethical to download CDs illegally, but statistics don't indicate an overall displacement of physical or digital sales for music artists.
Regardless of the overall findings, major blockbuster movies are negatively affected by illegal downloads. For every 10 top films watched illegally, "four fewer films are consumed legally." The same goes for TV shows.
Buried in the report is an explanation of why piracy doesn't hurt the gaming industry—which basically made a game out of it. The report shows that the gaming industry successfully converts illegal users to paying users by "offering gameplay with extra bonuses or extra levels if consumers pay." "
I do not see how the current wording is not severely misleading to visitors. David A (talk) 12:54, 5 November 2017 (UTC)
In the music industry, the lack of piracy impact applies mostly to big artists since "live concerts generate more revenue than all forms of recorded music.". That is to say music sales ARE negatively affected. But, the top stars aren’t hurt as they make money in concerts. So, piracy does hurt music sales. It just doesn’t matter much to those artists at the very top. Your bigthink cite says:
The paper concluded that piracy had a negative financial impact on movies, music, and literature.So, it may not affect e-books. But, that doesn’t mean it doesn’t affect books in toto. O3000 (talk) 16:28, 5 November 2017 (UTC)
eyyghh
wgryut 210.14.97.156 (talk) 13:15, 8 July 2023 (UTC)