this post was submitted on 08 Mar 2025
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He shoulda just said he was training an ai model!
He didn't get arrested for theft. He got arrested for being part of a distribution network that empowered Russian hackers.
To be clear. Copying or downloading media is not illegal. Distribution is.
Downloading is absolutely illegal, it's just not really enforced because you need to prove criminal intent. You're still accessing copyrighted material without a license, which is a copyright violation.
Distribution has much higher penalties and is more likely to push people to buying (harder to find copies = potentially more legal sales), so that's where enforcement is focused.
If you can present the law that makes it illegal to download, please do so.
The laws of the USA make it illegal to distribute, but license violations are beef between you and a company subject to civil dispute at most (which is entirely uneconomic to pursue) AND technically you haven't violated the license, the distributor has.
In fact, Facebook downloaded millions of archived and pirated works recently but claim no wrongdoing because they didn't seed anything.
Here's the interpretation by the US copyright office in their FAQ:
The enumerated rights of copyright owners are detailed in Title 17, section 106, with exceptions (e.g. fair use) described through section 122. The relevant portion is:
My understanding is that the copyright office is using 1&3 in their interpretation. So my understanding is that Meta is violating copyright by downloading copies of copyrighted work if their use doesn't fall under the fair use claims.
Right, so the owners have their rights enshrined in laws to make copies, sales, and derivatives, but that doesn't mean people other than owners are breaking a law by downloading a copy that a third party made and distributed. In fact, that text alone doesn't make it illegal to make copies, derivatives, or distributions, that would instead be outlined in U.S Code Title 17 Chapter 5 Section 506 which says:
As with your quote from the FAQ, the entire section says:
Statutory Damages are civil. Risk of liability for downloads means it isn't certain. There are no criminal proceedings for downloading copyrighted media, it isn't illegal.
In fact, it's actually even more lenient than I had expected, you STILL don't qualify for criminal charges even if you cost the real copyright owner $999.99.
Section 506 is about penalties, it doesn't define what's legal or not. If your actions don't neatly fall under one category or another but you have violated the exclusive rights of the property owner, courts have a fair amount of discretion in interpreting the law to come up with a judgment.
That's why I linked the exclusive rights grant instead of the penalties, the penalties are based on the rights you violated, so it's a lot more terse than wading through the various penalties that have a bunch of conditions (if you're an org making >X, Y penalties apply, if you're an individual and damages...). If we were talking about what the penalties in a specific case are, then yeah, looking up penalties is instructive. But if we're merely deciding whether a law was violated, then it's a simple matter of identifying whether exclusive rights were violated.
Also, whether the case is tried in civil or criminal courts is irrelevant to legality, it's only relevant to the types of penalties that can be enforced.
Yes, and damages are only awarded if the plaintiff can demonstrate that you've violated the law. You can't be forced to pay damages if they can't prove a law was violated.
All this means is that most files distributed over P2P networks are illegally distributed, which means the risk of breaking the law is higher. If you're just downloading Linux ISOs (where distribution is allowed explicitly in the FOSS license), you're not breaking any laws, but if you're downloading "Linux ISOs," that risk is on you (works are automatically copyrighted).
It's still illegal regardless of the level of damages, it just may not be worth the court's time to enforce.
The main differences between civil and criminal law are the stakes and burden of proof. Civil law has much lower stakes (no jail time), and criminal law has a much higher standard of guilt (beyond a reasonable doubt). Both are predecated on proving a law was violated.