What does german law says about illegal torrents?
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i am planning to move to germany, and somebody told me, german law is very strict about illegal file sharing, means copyright data…
if you upload or download illegal file , you may go into prison or deport to your country back....
any guide about german law, what does it says?
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DesiGay, welcome to Germany
don't you have any easier questions? In written letters the German copyright laws are not only strict but also confusing. There is a good reason big companies have special lawyers for copyright cases - and even they don't know everything I have heard.
Ok - in short: making a copy of a copyrighted piece of work is forbidden (even for personal use if that piece is in any way protected). But there is AFAIK up to now no sentence in such a case by an upper court which would force lower courts to adhere to or bring it to the highest court for a final decision. It is also not clear, if a torrent is covered by copyright laws (checksums may not be copyrighted).
That's the letters of our laws.
Daily practice is: nearly nobody cares in cases of private violations (single copies). Police and prosecutors are way too overloaded to deal with such cases, they are way more interested in dealing in illegal copright infringments by criminal organizations where the number of copies are in the millions.
That's how I see it, but don't forget: I am no lawyer.
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Thanks mgr,
normally how i download data is uTorrent, and rapidshare.comis there any way to protect myself that no knows what i am downloading?
and i wonder, iTunes is delivering digital copies of songs, ofcourse its a copyright material, then how one cann't make copy for personal use?
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is there any way to protect myself that no knows what i am downloading?
hmm - secure connections? I don't know any torrent tracker which supports secure (encrypted) connections.
I do know (at least one) Usenet provider, who supports real encryptet usenet connections - but's off topic now.
and i wonder, iTunes is delivering digital copies of songs, ofcourse its a copyright material, then how one cann't make copy for personal use?
I don't use iTunes myself - so I don't know if they itegrate some kind of DRM in their downloads. I've read though, they do and allow you only so many times listening of a downloaded (and paid for) mp3 file. There are some protests against DRM in Germany, but obviously nobody really dares to fight against the music lobby and get a real sentence of an upper court.
Some years ago it was allowed (at least in Germany) to make a copy of a copyrighted work (for personal use only, not to be sold). That right still exists, only the law got another sentence added (by pressure of the music industry it is told :)) "as long as the work is not protected against copying". And there are comments from the Bundestag which even call the old outdated CSS "protection". Some (lower) judges even follow these comments :(. AFAIK (and I repeat - I am no lawyer) there is no sentence of a higher court to overrule this nonsense of judges who have no clue of CSS vs. protection not to speak of digital media.
And now I have to add the following sentence in German, so no overzealous lawyer will sue me:
Das obige ist lediglich meine persönlich Sicht der Dinge und der rechtlichen Situation und in keinem Sinne als Rechtsberatung beabsichtigt uns/oder zu verstehen!
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ahaaa..
i have heard about peer guardian… don't know if it really works to protect your privacy.Yes, iTunes use DRM, and file extension turns into .M4P and its called protected AAC file, although
there are GPL licening software out which removes iTunes's DRM.QTfairUse....
yeah, for what i have understood by your german sentence, is this is person view , and it can be wrong or right... and i have not used any translater for this ;D
Ich wieß nicht über dies das richtig oder falsch..
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Hey Have fun in Deutschland! (I lived there for a little bit) About your question on iTunes. They encorperate the DRM into the music and then when you buy it they send you a copy of the file and then they a certian portion of th 99 cents the the record company. The DRM prohibits you from storeing/playing/syncing to iPod on more than 5 computers registered in your name. It also stops you from burning it on CD's more than 5 times (They like the number 5 ;} ) Other than that, you can listen to the song all you want and put it on as many iPod's as you own. After all that i sugest buying iTunes Plus Songs (Srry 4 of topic) They have NO DRM.
(thers a mouthful, or two
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I reveived a letter from a UK solicotor demanding £500 fow downloading XXXXXXX IO cannot believe and it has left me quite sick, so much money
Edit:Users request.
