Most likely, many of you are probably users of BitTorrent (your client may vary), a technology that allows you to download large files from many locations at once, but at an accelerated rate.Historically, this technology has been (and still is) associated with software and movie piracy, but as of late has become a legitimate and effective way to distribute things like new releases of Linux, Open Office, and other major releases of popular software - - - not to mention ad-sponsored media through outlets like Azureus Vuze.
What about downloading songs that you really do (or at least you think you do) have a right to download? How about OEM installation CDs for Windows or other applications when you lost yours?
Entertainment Media
Regarding music (or videos), here's the question: If you have a record or tape of a particular album, or if you own a video cassette of a particular movie, does that give you the right to download it's digital counterpart?
If you are like me, you are thinking "Sure, why not?" - but, from the research that I've done, it seems that this isn't quite the case. The crux of this question stems two points: the downloaded source and the version/revision of the material.
Downloading from an unlicensed location, like a blind BitTorrent source, is illegal. Downloading it from iTunes is legal. But, you have to pay for it - but how do you prove to iTunes that you own the tape/record/8-track? This is where the question of version comes into play.
If you own a tape (we'll just assume that I mean record/8-track or other outdated media format here as well) of a particular album or song, then how do you know that the version you are downloading is the same version? The license agreement that was applicable to your tape does not entitle you to variations or remastered versions of that material.
I paid for the song, so why can't I have a digital version that is fitting with the times - assuming that I will not seed it to the rest of the Internet?
I don't even think I have a tape player any longer, but I have a bunch of tapes...not to mention a few box sets purchased in the 90's that I can't listen to any longer...sigh.
See some discussions here:
The general consensus is 'no', you do not have the right to download music or other entertainment media, even if you own a tape that does contain this media.
Software
But, what if the material you are downloading is only accessible if you own a particular hardware or software key - like Microsoft or Adobe products, for example? Or, what if your original installation media is damaged? The whole 'versioning' angle is not quite as applicable here.
I'll be the first to admit, if I am in dire need of something to fix a computer issue, I might head for BitTorrent to find a piece of software that is required to finish the job. That is NOT to say I would download and install something if I knew I did not have a proper product key/serial number..., but if I knew that I had a good serial and I'm downloading the proper version, I am not racked with guilt when I'm trying to sleep at night.
Case #1
Joe's Symantec Winfax Pro needs to be installed on his new computer, but his installation disc is damaged beyond repair. Asking Symantec to send him a new disc would take more money than he is comfortable in spending (especially since he has the box and serial number still). He downloads the ISO disc image from BitTorrent, installs with his serial and all is working.
Case #2
A user needs to reinstall Windows XP Home, but cannot locate (or never built) his recovery discs. User goes to the Internet on his friend's computer and downloads an OEM version of XP Home, installs it, and uses his serial number on the case of his computer, and it works.
Let's review
Reviewing the two above cases, were our users wrong? In my opinion, if you have a valid serial number for a product, you should be able to download it and install. Sure, it is gray area if you are using a technology like BitTorrent (or heck, even standard FTP/HTTP methods) to download the original source media, but really, did our users do wrong by downloading this media and used their own serial number to install? Anymore, many software titles are only available via download, and it gets hairy when you have to find something that is a few versions old or no longer found as a supported download from the software vendor's site.
For those of us who support many users who have outdated/older setups, BitTorrent is a necessity to ensure we can keep them up and running (yes, they should really hold onto their discs, but you know that's easier said than done).
Do you agree or disagree? Comment below!
5 comments:
Way back when tapes first came out, it was legal to copy your songs and make "mix-tapes". They put a tax on the tapes knowing that you were going to do this. After all, its your property, you have the right to do with it as you will.
BUT NOW, you dont own anything, you are "leasing" it from the company. So you have no rights to the stuff your money paid for.
Next thing, Ford is going to come and take my car away from me because I am not driving it the way they like or I am loaning my car out to someone else.
Downloading, although illegal in many countries, is never what gets people into trouble when using BitTorrent. It is the simultaneous 'uploading' that causes the problem. No matter if you own an 'original' of an item you obtain via BitTorrent, uploading is never allowed.
It gets even worse in the UK (not sure about the US): although it is never chased, it is technically illegal to copy your music to a different format - that is to say, copying a CD to your hard drive is theoretically breaking the law.
in the netherlands downloading of music is always legal. But, like enigmax said, the uploading isn't. Over here, it is legal to convert your music to another format, as long as you don't break any copy-protection (no matter how outdated it is). However, for software there are completely different rules than for music, so i don't know when downloading software is considered legal here.
It is definitely NOT illeagal! If it were, the RIAA would not be pursuing people in Civil suits.
All they would need to do is provide the evidence to prosecutors and the STATE would pursue it.
Don't let anyone fool you, it may be against their rules but - so far - it is not illegal.
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