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> legality Regarding linking to war..ez, Leagle or not?
level42
post Feb 8 2007, 11:19 PM
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Ok, so my friends starting a website and he's a total ware.z nut. he wants to start his own warez site.

I told him not to cause as far as im concerned its completly illeagle. but then ... i waz looking at one and i thought ... how do they get away with it msn_confused.gif??

he seems to thinks its fine and leagle to link to rapidshare because something about not directly linking to an illeagle file. he seems to think that it wouldnt be his fault but like rapidshare and other oploading services for not keeping track of there files ...

i dont know what to think now ... what are all your ideas ???
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Gaz™
post Feb 9 2007, 01:18 AM
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Sites that link rapidshare files, genreally don't last long, unless they don't index ANY of there webpages.
the only reason rapidshare and other such sites arn't shut down, is becuase you can't search through there files, although if your clever, you can..
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Volv
post Feb 9 2007, 01:19 AM
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If he is specifically linking to files (or download pages) which are obviously 'warez' then it is illegal and he does carry responsibility. Not that I know much about managing warez sites but I would imagine that the hosting is not paid by a credit card containing the owner's details for safety reasons.

QUOTE(level42)
i waz looking at one and i thought ... how do they get away with it msn_confused.gif??

PS: I dont think discussing the details of how they get away with it would be suitable in these forums as it could be considered as promoting an illegal activity msn_tongue.gif
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Wasabinc
post Feb 9 2007, 02:05 AM
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Tell him to not do it, its easy. And if he does it anyway, don't go to that site or help him make it.
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level42
post Feb 9 2007, 03:14 AM
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Alright ... thanks guys ... i think that clears it up pretty good msn_happy.gif
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Rafy
post Feb 9 2007, 05:12 AM
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QUOTE(Volv @ Feb 9 2007, 12:19 PM)
If he is specifically linking to files (or download pages) which are obviously 'warez' then it is illegal and he does carry responsibility.
[right][snapback]158846[/snapback][/right]


Indeed. Just to reinforce the point, the legal authority in Australia is Universal Music Australia Pty Ltd v Cooper where the court held that hyperlinking to sites that host pirated material amounts to an authorisation to infringe copyright.

QUOTE
Although Cooper didn't host pirated recordings per se, he breached the law by creating hyperlinks to sites that had infringing sound recordings.


Your friend is exposing himself to potentially significant monetary damages and compensation.

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peter05
post Feb 9 2007, 09:45 PM
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Yep def illegal. But still it's strange how companies such as limewire and your local pc shop have managed to get around it. But of course alot of them end with giant court cases and the illegal copyright infringers have to pay heavy fines. I do have a question. You know you get all those movies, games, software- all for free for so much a month etc for the software you get them off. Is that illegal? Alot cliam they are 100% free. Although you are paying for it, alot of the software will be alot more than the price your paying for, unless they only offer software around the same price. If it is illegal I find these sites misleading. But if it does state its 100% legal, and you where caught using it, would you be able to get off any charges because of the 100% legal claim, if you get me.
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MattChan
post Feb 10 2007, 05:31 PM
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I understand your point Peter, but you can't prove anything.

Common sense ought to tell you that it's not LEGAL.

And if someone genuinely thinks that what they are doing is LEGAL cos they pay £5 a month, they probably ought be locked up anyway, due to their stupidity!

This post has been edited by MattChan: Feb 10 2007, 05:34 PM
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peter05
post Feb 11 2007, 02:02 PM
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but what if it was e.g £20 a month or so on. And I know its not real or so, but for e.g a new computer user, he could be breaking the law without even knowing it. If people claim something is legal when its not, I think the people they claim it legal to should actually get refunded by the people who broke the law with them being charged to.
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Gaz™
post Feb 11 2007, 05:10 PM
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QUOTE(peter05 @ Feb 11 2007, 02:02 PM)
but what if it was e.g £20 a month or so on. And I know its not real or so, but for e.g a new computer user, he could be breaking the law without even knowing it. If people claim something is legal when its not, I think the people they claim it legal to should actually get refunded by the people who broke the law with them being charged to.
[right][snapback]158970[/snapback][/right]

I tell you it's legal to kill people, so you go and kill someone you HATE.
then the police come and arrest you, you: "i was told it's legal, therefore you can't arrest me"
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level42
post Feb 12 2007, 03:24 AM
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Good Point Gaz ... msn_thinking.gif
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