Downloads illegal??

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  • MindTrix
    Senior Member
    • Apr 2002
    • 179

    Downloads illegal??

    Ive noticed on alot of forums recently there are areas where they have FTP info etc to allow members to download things such as, famous artists albums and music videos. Or software programs etc. Is this illegal and what risks are taken having this???


    Also i have members started posting some links to downloads such as eminems new Encore album, or to game's etc for download, and members started posting nudity pictures. Is there a risk for having these on my site??


    Cheers for any help/answer
  • Dean C
    Senior Member
    • Mar 2002
    • 4571
    • 3.5.x

    #2
    Yes, you would be breaking the law in the circumstances you described there. Not only that but you'd have your blessed vB license revoked for breaking the license agreement by distributing,harbouring warez
    Dean Clatworthy - Web Developer/Designer

    Comment

    • MindTrix
      Senior Member
      • Apr 2002
      • 179

      #3
      I thought as much. So the downloads of albums/videos etc is definetly illegal. I thought it was but seeing so many recently had me wondering.

      What about the pictures my members keep posting?

      Comment

      • Dean C
        Senior Member
        • Mar 2002
        • 4571
        • 3.5.x

        #4
        Well if they are pictures that the user on your site does not retain ownership of, such as official pictures off the artist website, then I believe that is against the law too unless you have expressed written permission to use them.
        Dean Clatworthy - Web Developer/Designer

        Comment

        • MindTrix
          Senior Member
          • Apr 2002
          • 179

          #5
          Nope they are just nudity pictures they have found on google etc.

          Comment

          • Dean C
            Senior Member
            • Mar 2002
            • 4571
            • 3.5.x

            #6
            Well even still, without written permission they are copyright to the respective website owner
            Dean Clatworthy - Web Developer/Designer

            Comment

            • Mr. HillBilly
              Senior Member
              • Jun 2003
              • 547
              • 3.0.0 'Gold'

              #7
              Jelsoft can't tell you what you can and can't do on your board. All your using is their PHP script.

              Comment

              • Mr. HillBilly
                Senior Member
                • Jun 2003
                • 547
                • 3.0.0 'Gold'

                #8
                Originally posted by Dean C
                Well even still, without written permission they are copyright to the respective website owner
                If theres no copyright in plain site of where the members got the images then it is public domain

                Comment

                • merk
                  Senior Member
                  • Jul 2001
                  • 4149

                  #9
                  Originally posted by Mr. HillBilly
                  If theres no copyright in plain site of where the members got the images then it is public domain
                  Wrong.

                  Unless specifically noted to be public domain, all works are automatically copyrighted to the creator.

                  Comment

                  • Mr. HillBilly
                    Senior Member
                    • Jun 2003
                    • 547
                    • 3.0.0 'Gold'

                    #10
                    Originally posted by merk
                    Wrong.

                    Unless specifically noted to be public domain, all works are automatically copyrighted to the creator.
                    Well, its what they told me in school.

                    Comment

                    • ManagerJosh
                      Senior Member
                      • Jun 2002
                      • 9922

                      #11
                      Sorry, but what they told you at school is a bit inaccurate. You are legally obligated to follow all terms stated in the License agreement. When you agreed to run vBulletin, you agreed to abide by the License Agreement. It states this:

                      The Software may not be used for anything that would represent or is associated with an Intellectual Property violation, including, but not limited to, engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities.
                      ManagerJosh, Owner of 4 XenForo Licenses, 1 vBulletin Legacy License, 1 Internet Brands Suite License
                      Director, WorldSims.org | Gaming Hosting Administrator, SimGames.net, Urban Online Entertainment

                      Comment

                      • Martz
                        Senior Member
                        • Apr 2001
                        • 1051

                        #12
                        Originally posted by ManagerJosh
                        You are legally obligated to follow all terms stated in the License agreement. When you agreed to run vBulletin, you agreed to abide by the License Agreement. It states this:
                        Hrmmm, I'd personally disagree. Legally bound is a very strong phrase to use. Legally binding would be a neogitable contract which both parties sign. I don't remember ever signing a vBullletin or Microsoft contact, yet at the very least I am still bound by copyright law which doesn't by default allow me to redistrubute it or use it without permission.

                        Copyright infringement is not a criminal offense, especially if you are not making a profit from other peoples copyrighten works. You are merely infringing on someone elses copyright, which you have no right to do. Nobody is going to throw you in prison for using or consuming media which is protected by copyright law. Thus why the RIAA and the BPI (UK) is working very hard campaigning for new legislation to be brought into play, so that the copyright law can be extended to become a criminal offense. This is why they currently have to file a suopena for your persoanl information from your ISP or file a law suit vs John Doe. You then have the option to either settle for a few thousand dollars, or take it to court where they want to sue you for $150,000 per song or something rediculous.

                        If you start selling CD/DVDs which you have copied yourself, and making money, then you will get busted since you've then managed to turn your activities into a criminal case, possibly fraud in some peoples eyes. Even then, the FBI arent't interested unless over $5000 worth of damage has been done.

                        Of course, the legally binding part is subjective.

                        By clicking a button you agree too...
                        By opening this CD case you agree too...
                        By reading this post you agree too...

                        Also - where is the evidence that anyone has agreed to any contract? If it isn't a signature, then it isn't legally binding in my opinion. A 1 in a database with my IP address wouldn't be very conclusion to say that I had read, understand and agreeed to a 20,000 word legal document. Also, what if I got my 5 year old daughter to click any agreement for me? Since minors cannot enter into a contract - what happens to them?
                        HP DL-380 G6, 2x E5520, 28GB RAM, 4x300GB SAS, VMWare ESXi
                        -
                        Unreal Tournament : Assault forums - irc://irc.utassault.net:6667 -

                        Comment

                        • Techguy1
                          Senior Member
                          • Jul 2002
                          • 628
                          • 3.7.x

                          #13
                          You clicked on the Agree button, and your IP is logged. You probably paid for it using your credit card, so there is a record there as well.

                          If you got your 5 year old daughter to "sign" it, the contract is void, and you are using software illegally, and thus liable for copyright infridgement.
                          HFT Online - Professional computer help ... with a personal touch

                          Comment

                          • Chris Schreiber
                            Senior Member
                            • Jun 2000
                            • 4113
                            • 4.0.x

                            #14

                            Comment

                            • Zachery
                              Former vBulletin Support
                              • Jul 2002
                              • 59097

                              #15
                              Originally posted by Chris Schreiber
                              You are always full of usefull information

                              Comment

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