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63-465: (Redirected from Digital Download ) Digital download may refer to: Downloading , the processing of copying data to a computer from an external source Digital distribution , a method of downloading software or audio-visual media as opposed to buying it at a traditional point of sale Music download , a specific type of digital distribution Downloadable content (DLC), downloadable media usually for

126-586: A New York Times article telling the story of Irina Margareta Nistor , a narrator for state TV under Nicolae Ceauşescu 's regime. A visitor from the west gave her bootlegged copies of American movies , which she dubbed for secret viewings through Romania. According to the article, she dubbed more than 3,000 movies and became the country's second-most famous voice after Ceauşescu , even though no one knew her name until many years later. Most countries extend copyright protections to authors of works. In countries with copyright legislation, enforcement of copyright

189-647: A moderation system , aggregators of various kinds, such as news aggregators , universities , libraries and archives , web search engines , chat rooms , web blogs , mailing lists , and any website which provides access to third party content through, for example, hyperlinks , a crucial element of the World Wide Web . Early court cases focused on the liability of Internet service providers (ISPs) for hosting, transmitting or publishing user-supplied content that could be actioned under civil or criminal law, such as libel or pornography . As different content

252-444: A commercial scale". Copyright holders have demanded that states provide criminal sanctions for all types of copyright infringement. The first criminal provision in U.S. copyright law was added in 1897, which established a misdemeanor penalty for "unlawful performances and representations of copyrighted dramatic and musical compositions" if the violation had been "willful and for profit". Criminal copyright infringement requires that

315-488: A commercial scale." Piracy traditionally refers to acts of copyright infringement intentionally committed for financial gain, though more recently, copyright holders have described online copyright infringement, particularly in relation to peer-to-peer file sharing networks, as "piracy". Richard Stallman and the GNU Project have criticized the use of the word "piracy" in these situations, saying that publishers use

378-533: A huge coalition of recording labels. Downloading and streaming relate to the more general usage of the Internet to facilitate copyright infringement , also known as "software piracy". As overt static hosting of unauthorized copies of works (i.e., centralized networks) is often quickly and uncontroversially rebuffed, legal issues have in recent years tended to deal with the usage of dynamic web technologies (decentralized networks, trackerless BitTorrents) to circumvent

441-559: A legally purchased CD (for example) to certain kinds of devices and media, provided rights holders are compensated and no copy protection measures are circumvented. Rights-holder compensation takes various forms, depending on the country, but is generally either a levy on "recording" devices and media, or a tax on the content itself. In some countries, such as Canada, the applicability of such laws to copying onto general-purpose storage devices like computer hard drives, portable media players, and phones, for which no levies are collected, has been

504-582: A public talk between Bill Gates , Warren Buffett , and Brent Schlender at the University of Washington in 1998, Bill Gates commented on piracy as a means to an end , whereby people who use Microsoft software illegally will eventually pay for it, out of familiarity, as a country's economy develops and legitimate products become more affordable to businesses and consumers: Although about three million computers get sold every year in China, people don't pay for

567-432: A separate term of art to define one who misappropriates a copyright: '[...] an infringer of the copyright.' The court said that in the case of copyright infringement, the province guaranteed to the copyright holder by copyright law – certain exclusive rights – is invaded, but no control, physical or otherwise, is taken over the copyright, nor is the copyright holder wholly deprived of using the copyrighted work or exercising

630-624: A technological process, as well as the conditions laid down in Article 5(5) of that directive, and that they may therefore be made without the authorisation of the copyright holders." On April 17, 2009, a Swedish court convicted four men operating The Pirate Bay Internet site of criminal copyright infringement. The Pirate Bay was established in 2003 by the Swedish anti-copyright organization Piratbyrån to provide information needed to download film or music files from third parties, many of whom copied

693-407: A third party which did not have a role in producing the work. When this outsourced litigator appears to have no intention of taking any copyright infringement cases to trial, but rather only takes them just far enough through the legal system to identify and exact settlements from suspected infringers, critics commonly refer to the party as a " copyright troll ". Such practices have had mixed results in

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756-571: A video game Digital distribution of video games , the process of delivering video game content in a digital way Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title Digital download . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Digital_download&oldid=962989854 " Category : Disambiguation pages Hidden categories: Short description

819-466: Is "robbery or illegal violence at sea", but the term has been in use for centuries as a synonym for acts of copyright infringement. Theft , meanwhile, emphasizes the potential commercial harm of infringement to copyright holders. However, copyright is a type of intellectual property , an area of law distinct from that which covers robbery or theft, offenses related only to tangible property . Not all copyright infringement results in commercial loss, and

882-590: Is a subject of debate and court cases in a number of countries. Internet intermediaries were formerly understood to be internet service providers (ISPs). However, questions of liability have also emerged in relation to other Internet infrastructure intermediaries, including Internet backbone providers, cable companies and mobile communications providers. In addition, intermediaries are now also generally understood to include Internet portals , software and games providers, those providing virtual information such as interactive forums and comment facilities with or without

945-430: Is an accepted version of this page Copyright infringement (at times referred to as piracy ) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to produce derivative works . The copyright holder

1008-689: Is any violation of the exclusive rights of the owner. In U.S. law, these rights include reproduction, preparation of derivative works, distribution of copies by sale or rental, and public performances or displays. In the United States, copyright infringement is sometimes confronted via lawsuits in civil court, against alleged infringers directly or against providers of services and software that support unauthorized copying. For example, major motion-picture corporation MGM Studios filed suit against P2P file-sharing services Grokster and Streamcast for their contributory role in copyright infringement. In 2005,

1071-399: Is different from Wikidata All article disambiguation pages All disambiguation pages Download A download is a file offered for downloading or that has been downloaded, or the process of receiving such a file. Downloading generally transfers entire files for local storage and later use, as contrasted with streaming , where the data is used nearly immediately while

1134-413: Is generally the responsibility of the copyright holder. However, in several jurisdictions there are also criminal penalties for copyright infringement. According to the U.S. Chamber of Commerce 's 2021 IP Index, the nations with the lowest scores for copyright protection were Vietnam , Pakistan , Egypt , Nigeria , Brunei , Algeria , Venezuela and Argentina . Copyright infringement in civil law

1197-460: Is sent to a remote server. A download can refer to a file made available for retrieval or one that has been received, encompassing the entire process of obtaining such a file. Downloading is not the same as data transfer ; moving or copying data between two storage devices would be data transfer , but receiving data from the Internet or BBS is downloading . Downloading media files involves

1260-507: Is sometimes permitted, public distribution – by uploading or otherwise offering to share copyright-protected content – remains illegal in most, if not all, countries. For example, in Canada, even though it was once legal to download any copyrighted file as long as it was for noncommercial use, it was still illegal to distribute the copyrighted files (e.g. by uploading them to a P2P network ). Some countries, like Canada and Germany, have limited

1323-430: Is sometimes prosecuted via the criminal justice system. Shifting public expectations, advances in digital technology and the increasing reach of the Internet have led to such widespread, anonymous infringement that copyright-dependent industries now focus less on pursuing individuals who seek and share copyright-protected content online, and more on expanding copyright law to recognize and penalize, as indirect infringers,

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1386-461: Is usually the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. Copyright infringement disputes are usually resolved through direct negotiation, a notice and take down process, or litigation in civil court . Egregious or large-scale commercial infringement, especially when it involves counterfeiting ,

1449-585: The BSA , conduct software licensing audits regularly to ensure full compliance. Cara Cusumano, director of the Tribeca Film Festival , stated in April 2014: "Piracy is less about people not wanting to pay and more about just wanting the immediacy – people saying, 'I want to watch Spiderman right now' and downloading it". The statement occurred during the third year that the festival used

1512-518: The Statute of Anne in 1710, the Stationers' Company of London in 1557, received a royal charter giving the company a monopoly on publication and tasking it with enforcing the charter. Article 61 of the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) requires criminal procedures and penalties in cases of "willful trademark counterfeiting or copyright piracy on

1575-528: The United States Army settled a lawsuit with Texas -based company Apptricity which makes software that allows the army to track their soldiers in real time. In 2004, the US Army paid the company a total of $ 4.5 million for a license of 500 users while allegedly installing the software for more than 9000 users; the case was settled for US$ 50 million. Major anti-piracy organizations, like

1638-753: The 1980s, and is still being used. In copyright law, infringement does not refer to theft of physical objects that take away the owner's possession, but an instance where a person exercises one of the exclusive rights of the copyright holder without authorization. Courts have distinguished between copyright infringement and theft. For instance, the United States Supreme Court held in Dowling v. United States (1985) that bootleg phonorecords did not constitute stolen property. Instead, interference with copyright does not easily equate with theft, conversion , or fraud. The Copyright Act even employs

1701-660: The European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society must be interpreted as meaning that the copies on the user's computer screen and the copies in the internet 'cache' of that computer's hard disk, made by an end-user in the course of viewing a website, satisfy the conditions that those copies must be temporary, that they must be transient or incidental in nature and that they must constitute an integral and essential part of

1764-547: The Internet to present its content, while it was the first year that it featured a showcase of content producers who work exclusively online. Cusumano further explained that downloading behavior is not merely conducted by people who merely want to obtain content for free: I think that if companies were willing to put that material out there, moving forward, consumers will follow. It's just that [consumers] want to consume films online and they're ready to consume films that way and we're not necessarily offering them in that way. So it's

1827-524: The Supreme Court ruled in favor of MGM, holding that such services could be held liable for copyright infringement since they functioned and, indeed, willfully marketed themselves as venues for acquiring copyrighted movies. The MGM v. Grokster case did not overturn the earlier Sony v. Universal City Studios decision, but rather clouded the legal waters; future designers of software capable of being used for copyright infringement were warned. In

1890-589: The U.S. Punishment of copyright infringement varies case-by-case across countries. Convictions may include jail time and/or severe fines for each instance of copyright infringement. In the United States, willful copyright infringement carries a maximum fine of $ 150,000 per instance. Article 61 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) requires that signatory countries establish criminal procedures and penalties in cases of "willful trademark counterfeiting or copyright piracy on

1953-516: The U.S. DMCA , the WIPO Copyright and Performances and Phonograms Treaties Implementation Act has provisions that prevent persons from "circumvent[ing] a technological measure that effectively controls access to a work". Thus if a distributor of copyrighted works has some kind of software, dongle or password access device installed in instances of the work, any attempt to bypass such a copy protection scheme may be actionable  – though

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2016-472: The U.S. Supreme Court ruled in 1985 that infringement does not easily equate with theft. This was taken further in the case MPAA v. Hotfile , where Judge Kathleen M. Williams granted a motion to deny the MPAA the usage of words whose appearance was primarily "pejorative". This list included the word "piracy", the use of which, the motion by the defense stated, serves no court purpose but to misguide and inflame

2079-531: The US Copyright Office is currently reviewing anticircumvention rulemaking under DMCA – anti-circumvention exemptions that have been in place under the DMCA include those in software designed to filter websites that are generally seen to be inefficient (child safety and public library website filtering software) and the circumvention of copy protection mechanisms that have malfunctioned, have caused

2142-551: The United States, copyright term has been extended many times over from the original term of 14 years with a single renewal allowance of 14 years, to the current term of the life of the author plus 70 years. If the work was produced under corporate authorship it may last 120 years after creation or 95 years after publication, whichever is sooner. Article 50 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) requires that signatory countries enable courts to remedy copyright infringement with injunctions and

2205-460: The University of Portsmouth in the UK discussed findings from examining the illegal downloading behavior of 6,000 Finnish people, aged seven to 84. The list of reasons for downloading given by the study respondents included money saving; the ability to access material not on general release, or before it was released; and assisting artists to avoid involvement with record companies and movie studios. In

2268-602: The ability of copyright owners to directly engage particular distributors and consumers. In Europe, the Court of Justice of the European Union (CJEU) has ruled that it is legal to create temporary or cached copies of works (copyrighted or otherwise) online. The ruling relates to the British Meltwater case settled on 5 June 2014. The judgement of the court states that: "Article 5 of Directive 2001/29/EC of

2331-496: The book-trade became more common, such that the use of the word 'pirate' itself to describe unauthorized publishing of books was attested to in Nathan Bailey 's 1736 dictionary An Universal Etymological English Dictionary : 'One who lives by pillage and robbing on the sea. Also a plagiary' The practice of labeling the infringement of exclusive rights in creative works as "piracy" predates statutory copyright law. Prior to

2394-453: The chief factors that lead to the global spread of media piracy, especially in emerging markets. According to the study, even though digital piracy inflicts additional costs on the production side of media, it also offers the main access to media goods in developing countries. The strong tradeoffs that favor using digital piracy in developing economies dictate the current neglected law enforcement's toward digital piracy. In China as of 2013,

2457-482: The copyright law of EU member states stems from the Information Society Directive of 2001, which is generally devised to allow EU members to enact laws sanctioning making copies without authorization, as long as they are for personal, noncommercial use. The Directive was not intended to legitimize file-sharing, but rather the common practice of space shifting copyright-protected content from

2520-410: The destruction of infringing products, and award damages. Some jurisdictions only allow actual, provable damages, and some, like the United States, allow for large statutory damage awards intended to deter would-be infringers and allow for compensation in situations where actual damages are difficult to prove. In some jurisdictions, copyright or the right to enforce it can be contractually assigned to

2583-406: The distribution models that need to catch up. People will pay for the content. In response to Cusumano's perspective, Screen Producers Australia executive director Matt Deaner clarified the motivation of the film industry: "Distributors are usually wanting to encourage cinema-going as part of this process [of monetizing through returns] and restrict the immediate access to online so as to encourage

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2646-403: The exclusive rights held. The term "freebooting" has been used to describe the unauthorized copying of online media, particularly videos, onto websites such as Facebook , YouTube or Twitter . The word itself had already been in use since the 16th century, referring to pirates, and meant "looting" or "plundering". This form of the word – a portmanteau of " freeloading " and " bootlegging " –

2709-415: The files generated with each download. Anonymous and open hosting servers make it difficult to hold hosts accountable. Taking legal action against the technologies behind unauthorized "file sharing" has proven successful for centralized networks like Napster , and untenable for decentralized networks like Gnutella or BitTorrent . The leading YouTube audio-ripping site agreed to shut down after being sued by

2772-518: The files without permission. The Pirate Bay does not store copies of the files on its own servers but does provide peer-to-peer links to other servers on which infringing copies were stored. Apparently, the theory of the prosecution was that the defendants, by their conduct, actively induced infringement. Under U.S. copyright law, this would be a so-called Grokster theory of infringement liability. The Swedish district court imposed damages of SEK 30 million ($ 3,600,000) and one-year prison sentences on

2835-428: The four defendants. "The defendants have furthered the crimes that the file sharers have committed," said district court judge Tomas Norstöm. He added, "They have been helpful to such an extent that they have entered into the field of criminal liability." "We are, of course, going to appeal," defense lawyer Per Samuelsson said. The Pirate Bay has 25 million users and is considered one of the biggest file-sharing websites in

2898-448: The infringer acted "for the purpose of commercial advantage or private financial gain" ( 17 U.S.C.   § 506 ). To establish criminal liability, the prosecutor must first show the basic elements of copyright infringement: ownership of a valid copyright, and the violation of one or more of the copyright holder's exclusive rights. The government must then establish that defendant willfully infringed or, in other words, possessed

2961-408: The instance of the work to become inoperable or which are no longer supported by their manufacturers. According to Abby House Media Inc. v. Apple Inc. , it is legal to point users to DRM-stripping software and inform them how to use it because of lack of evidence that DRM stripping leads to copyright infringement. Whether Internet intermediaries are liable for copyright infringement by their users

3024-409: The issue of digital infringement has not merely been legal, but social – originating from the high demand for cheap and affordable goods as well as the governmental connections of the businesses which produce such goods. There have been instances where a country's government bans a movie, resulting in the spread of copied videos and DVDs. Romanian -born documentary maker Ilinca Calugareanu wrote

3087-423: The jury. The term "piracy" has been used to refer to the unauthorized copying, distribution and selling of works in copyright. In 1668 publisher John Hancock wrote of "some dishonest Booksellers, called Land-Pirats, who make it their practise to steal Impressions of other mens Copies" in the work A String of Pearls: or, The Best Things Reserved till Last by Thomas Brooks . Over time the metaphor mostly used in

3150-524: The maximum number of people to go to the cinema." Deaner further explained the matter in terms of the Australian film industry, stating: "there are currently restrictions on quantities of tax support that a film can receive unless the film has a traditional cinema release." In a study published in the Journal of Behavioural and Experimental Economics , and reported on in early May 2014, researchers from

3213-582: The necessary mens rea . Misdemeanor infringement has a very low threshold in terms of number of copies and the value of the infringed works. The ACTA trade agreement , signed in May 2011 by the United States, Japan, and the EU, requires that its parties add criminal penalties, including incarceration and fines, for copyright and trademark infringement, and obligated the parties to actively police for infringement. United States v. LaMacchia 871 F.Supp. 535 (1994)

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3276-503: The penalties for non-commercial copyright infringement. For example, Germany has passed a bill to limit the fine for individuals accused of sharing movies and series to €800–900. Canada's Copyright Modernization Act claims that statutory damages for non-commercial copyright infringement are capped at C$ 5,000 but this only applies to copies that have been made without the breaking of any "digital lock." However, this only applies to "bootleg distribution" and not non-commercial use. Title I of

3339-589: The service providers and software distributors who are said to facilitate and encourage individual acts of infringement by others. Estimates of the actual economic impact of copyright infringement vary widely and depend on other factors. Nevertheless, copyright holders, industry representatives, and legislators have long characterized copyright infringement as piracy or theft – language which some U.S. courts now regard as pejorative or otherwise contentious. The terms piracy and theft are often associated with copyright infringement. The original meaning of piracy

3402-877: The shortcomings of current law that allowed people to facilitate mass copyright infringement while being immune to prosecution under the Copyright Act . Proposed laws such as the Stop Online Piracy Act broaden the definition of "willful infringement", and introduce felony charges for unauthorized media streaming . These bills are aimed towards defeating websites that carry or contain links to infringing content, but have raised concerns about domestic abuse and internet censorship. To an extent, copyright law in some countries permits downloading copyright-protected content for personal, noncommercial use. Examples include Canada and European Union (EU) member states like Poland . The personal copying exemption in

3465-556: The software. Someday they will, though. And as long as they're going to steal it, we want them to steal ours. They'll get sort of addicted, and then we'll somehow figure out how to collect sometime in the next decade. In Media Piracy in Emerging Economies , the first independent comparative study of media piracy focused on Brazil , India , Russia , South Africa , Mexico , Turkey and Bolivia , "high prices for media goods, low incomes, and cheap digital technologies" are

3528-545: The subject of debate and further efforts to reform copyright law. In some countries, the personal copying exemption explicitly requires that the content being copied be obtained legitimately – i.e., from authorized sources, not file-sharing networks. In April 2014, the Court of Justice of the European Union ruled that "national legislation which makes no distinction between private copies made from lawful sources and those made from counterfeited or pirated sources cannot be tolerated." Although downloading or other private copying

3591-445: The transmission is still in progress and may not be stored long-term. Websites that offer streaming media or media displayed in-browser, such as YouTube , increasingly place restrictions on the ability of users to save these materials to their computers after they have been received. Downloading on computer networks involves retrieving data from a remote system, like a web server, FTP server, or email server, unlike uploading, where data

3654-442: The use of linking and framing Internet material and relates to copyright law. Streaming and downloading can involve making copies of works that infringe on copyrights or other rights, and organizations running such websites may become vicariously liable for copyright infringement by causing others to do so. Open hosting servers allow people to upload files to a central server, which incurs bandwidth and hard disk space costs due to

3717-400: The word to refer to "copying they don't approve of" and that "they [publishers] imply that it is ethically equivalent to attacking ships on the high seas, kidnapping and murdering the people on them." Copyright holders frequently refer to copyright infringement as theft , "although such misuse has been rejected by legislatures and courts". The slogan " Piracy is theft " was used beginning in

3780-439: The world. It is conceded that The Pirate Bay does not itself make copies or store files, but the court did not consider that fact dispositive. "By providing a website with ... well-developed search functions, easy uploading and storage possibilities, and with a tracker linked to the website, the accused have incited the crimes that the filesharers have committed," the court said in a statement. Copyright infringement This

3843-628: Was a case decided by the United States District Court for the District of Massachusetts which ruled that, under the copyright and cybercrime laws effective at the time, committing copyright infringement for non-commercial motives could not be prosecuted under criminal copyright law. The ruling gave rise to what became known as the "LaMacchia Loophole", wherein criminal charges of fraud or copyright infringement would be dismissed under current legal standards, so long as there

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3906-519: Was no profit motive involved. The United States No Electronic Theft Act (NET Act), a federal law passed in 1997, in response to LaMacchia, provides for criminal prosecution of individuals who engage in copyright infringement under certain circumstances, even when there is no monetary profit or commercial benefit from the infringement. Maximum penalties can be five years in prison and up to $ 250,000 in fines . The NET Act also raised statutory damages by 50%. The court's ruling explicitly drew attention to

3969-408: Was suggested by YouTuber and podcaster Brady Haran in the podcast Hello Internet . Haran advocated the term in an attempt to find a phrase more emotive than "copyright infringement", yet more appropriate than "theft". Some of the motives for engaging in copyright infringement are the following: Sometimes only partial compliance with license agreements is the cause. For example, in 2013,

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