Technology
This is the official technology community of Lemmy.ml for all news related to creation and use of technology, and to facilitate civil, meaningful discussion around it.
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an exclusive right of the copyright holder is the right to duplicate their work. downloading IS illegal because you're creating an unauthorized duplicate of the work on your machine. your duplicate is distinct from the duplicate that someone else had created and uploaded. it's just very hard to get caught downloading, and it's not very cost effective for companies to pursue since they would only stop one person. that's why most companies like the RIAA targeted torrents for their lawsuits, because they could easily see the ip addresses (which is why you should always use a vpn when torrenting) and because they could shut down uploaders. but downloading itself is still very illegal
like I said, the AI is not a violation (probably, unless the courts later disagree), it's proof that unauthorized duplication of copyrighted works has occurred, and that is illegal
You cannot create a copy of a work that you do not possess. The downloader does not possess the work to create a copy. Only the uploader is even capable of creating the copy. The downloader cannot create a copy; he can only request.
If he does something else with that copy he receives, he becomes something other than merely a downloader. That "something else" could be unlawful, but that "something else" is not "downloading".
It could be unlawful if the downloader gains unauthorized access to the computer system, but that would not be a copyright violation. It could be unlawful if the downloader conspires with the uploader, but the degree of collaboration would have to be much greater to support a conspiracy charge.
Downloading does not meet the statutory criteria for copyright infringement. Downloading alone is not infringement.
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EU
Australia cuz why the hell not