In computer networks, download means to receive data from a remote system, typically a server [1] such as a web server, an FTP server, an email server, or other similar systems. This contrasts with uploading, where data is sent to a remote server.
A download is a file offered for downloading or that has been downloaded, or the process of receiving such a file. [2]
Downloading generally transfers entire files for local storage and later use, as contrasted with streaming, where the data is used nearly immediately while 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 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 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 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 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 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. [3] [4] The ruling relates to the British Meltwater case settled on 5 June 2014. [5] [6]
The judgement of the court states that: "Article 5 of Directive 2001/29/EC of 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 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." [7]
On April 17, 2009, a Swedish court convicted four men operating The Pirate Bay Internet site of criminal copyright infringement. [8] 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 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. [9]
The Swedish district court imposed damages of SEK 30 million ($3,600,000) and one-year prison sentences on 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 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. [10]
Peer-to-peer (P2P) computing or networking is a distributed application architecture that partitions tasks or workloads between peers. Peers are equally privileged, equipotent participants in the network, forming a peer-to-peer network of nodes. In addition, a personal area network (PAN) is also in nature a type of decentralized peer-to-peer network typically between two devices.
Warez is a common computing and broader cultural term referring to pirated software that is distributed via the Internet. Warez is used most commonly as a noun, a plural form of ware, and is intended to be pronounced like the word wares. The circumvention of copy protection (cracking) is an essential step in generating warez, and based on this common mechanism, the software-focused definition has been extended to include other copyright-protected materials, including movies and games. The global array of warez groups has been referred to as "The Scene", deriving from its earlier description as "the warez scene". Distribution and trade of copyrighted works without payment of fees or royalties generally violates national and international copyright laws and agreements. The term warez covers supported as well as unsupported (abandonware) items, and legal prohibitions governing creation and distribution of warez cover both profit-driven and "enthusiast" generators and distributors of such items.
Uploading refers to transmitting data from one computer system to another through means of a network. Common methods of uploading include: uploading via web browsers, FTP clients, and terminals (SCP/SFTP). Uploading can be used in the context of clients that send files to a central server. While uploading can also be defined in the context of sending files between distributed clients, such as with a peer-to-peer (P2P) file-sharing protocol like BitTorrent, the term file sharing is more often used in this case. Moving files within a computer system, as opposed to over a network, is called file copying.
Grokster Ltd. was a privately owned software company based in Nevis, West Indies that created the Grokster peer-to-peer file-sharing client in 2001 that used the FastTrack protocol. Grokster Ltd. was rendered extinct in late 2005 by the United States Supreme Court's decision in MGM Studios, Inc. v. Grokster, Ltd. The court ruled against Grokster's peer-to-peer file sharing program for computers running the Microsoft Windows operating system, effectively forcing the company to cease operations.
BitTorrent, also referred to simply as torrent, is a communication protocol for peer-to-peer file sharing (P2P), which enables users to distribute data and electronic files over the Internet in a decentralized manner. The protocol is developed and maintained by Rainberry, Inc., and was first released in 2001.
MGM Studios, Inc. v. Grokster, Ltd., 545 U.S. 913 (2005), is a United States Supreme Court decision in which the Court ruled unanimously that the defendants, peer-to-peer file sharing companies Grokster and Streamcast, could be held liable for inducing copyright infringement by users of their file sharing software. The plaintiffs were a consortium of 28 entertainment companies, led by Metro-Goldwyn-Mayer studios.
A file-hosting service, also known as cloud-storage service, online file-storage provider, or cyberlocker, is an internet hosting service specifically designed to host user files. These services allow users to upload files that can be accessed over the internet after providing a username and password or other authentication. Typically, file hosting services allow HTTP access, and in some cases, FTP access. Other related services include content-displaying hosting services, virtual storage, and remote backup solutions.
A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 was a landmark intellectual property case in which the United States Court of Appeals for the Ninth Circuit affirmed a district court ruling that the defendant, peer-to-peer file sharing service Napster, could be held liable for contributory infringement and vicarious infringement of copyright. This was the first major case to address the application of copyright laws to peer-to-peer file sharing.
This is a timeline of events in the history of networked file sharing.
Peer-to-peer file sharing is the distribution and sharing of digital media using peer-to-peer (P2P) networking technology. P2P file sharing allows users to access media files such as books, music, movies, and games using a P2P software program that searches for other connected computers on a P2P network to locate the desired content. The nodes (peers) of such networks are end-user computers and distribution servers.
BMG Music v. Gonzalez, 430 F.3d 888, was a court decision in which the United States Court of Appeals for the Seventh Circuit ruled that a record company could sue a person who engaged in online sharing of music files for copyright infringement. The decision is noteworthy for rejecting the defendant's fair use defense, which had rested upon her contention that she was merely "sampling" songs with the intention of possibly purchasing the downloaded songs in the future, a practice known informally as "try before you buy".
Arts and media industry trade groups, such as the International Federation of the Phonographic Industry (IFPI) and Motion Picture Association of America (MPAA), strongly oppose and attempt to prevent copyright infringement through file sharing. The organizations particularly target the distribution of files via the Internet using peer-to-peer software. Efforts by trade groups to curb such infringement have been unsuccessful with chronic, widespread and rampant infringement continuing largely unabated.
File sharing is the practice of distributing or providing access to digital media, such as computer programs, multimedia, program files, documents or electronic books/magazines. It involves various legal aspects as it is often used to exchange data that is copyrighted or licensed.
The use of the BitTorrent protocol for the unauthorized sharing of copyrighted content generated a variety of novel legal issues. While the technology and related platforms are legal in many jurisdictions, law enforcement and prosecutorial agencies are attempting to address this avenue of copyright infringement. Notably, the use of BitTorrent in connection with copyrighted material may make the issuers of the BitTorrent file, link or metadata liable as an infringing party under some copyright laws. Similarly, the use of BitTorrent to procure illegal materials could potentially create liability for end users as an accomplice.
Copyright infringement 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 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.
File sharing is the practice of distributing or providing access to digital media, such as computer programs, multimedia, documents or electronic books. Common methods of storage, transmission and dispersion include removable media, centralized servers on computer networks, Internet-based hyperlinked documents, and the use of distributed peer-to-peer networking.
File sharing in the United Kingdom relates to the distribution of digital media in that country. In 2010, there were over 18.3 million households connected to the Internet in the United Kingdom, with 63% of these having a broadband connection. There are also many public Internet access points such as public libraries and Internet cafes.
Music piracy is the copying and distributing of recordings of a piece of music for which the rights owners did not give consent. In the contemporary legal environment, it is a form of copyright infringement, which may be either a civil wrong or a crime depending on jurisdiction. The late 20th and early 21st centuries saw much controversy over the ethics of redistributing media content, how much production and distribution companies in the media were losing, and the very scope of what ought to be considered piracy – and cases involving the piracy of music were among the most frequently discussed in the debate.
Torrent poisoning is intentionally sharing corrupt data or data with misleading, deceiving file names using the BitTorrent protocol. This practice of uploading fake torrents is sometimes carried out by anti-infringement organisations as an attempt to prevent the peer-to-peer (P2P) sharing of copyrighted content, and to gather the IP addresses of downloaders.
Contributory copyright infringement is a way of imposing secondary liability for infringement of a copyright. It is a means by which a person may be held liable for copyright infringement even though he or she did not directly engage in the infringing activity. It is one of the two forms of secondary liability apart from vicarious liability. Contributory infringement is understood to be a form of infringement in which a person is not directly violating a copyright but induces or authorizes another person to directly infringe the copyright.
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