5/6/05 What's safe and legal to download using a file-sharing program?

Hi,

Your question on the legality brings to mind the fact that there is a law in the good old USA that clearly gives us the right to make a 'backup' of any purchased media. This goes back to the days of the very first VCR and became a HUGE issue in the gaming industry. Consumers won and were granted the right to make a backup copy. Sharing, however, is illegal. We don't have the legal right to share media that we've purchased with others that have obviously not made the purchase. This is where the dilemma begins. If it were up to the studios, we wouldn't even be able to 'backup' legally purchased media and this issue has been in the courts for ages and will continue to rear it's ugly head every single time a new technology becomes available to the general public. Take the DVD for example...ever own a DVD that eventually became scratched or suddenly started skipping?...particularly kiddie DVD's because they can watch them over and over hundreds of times per day? DVD's have a tendency to deteriorate over time...kids don't understand this...they just want to watch the DVD 500 times per day. If we have a backup copy it's not a major problem, right? You pay your hard-earned money for digital media and the studios don't want you to make a backup? Right. This is the entire issue that we, as consumers, have with the Digital Millenium Copyright Act. Back when we won the right to make 'a single backup copy' of legally purchased software the manufacturers of gaming software actually devised a way to copy protect their software that actually allowed you to make a single backup copy...some manufacturers even allowed you to make 3 backups...and it was all within their very own software! If the studios want to protect their 'intellectual property' then they have every right to do so, in my opinion. However, we, as consumers/purchasers, also have a right to backup the purchased products and they need to find a way to allow for this and stop with their whining.

As far as viruses from P2P networks (or anywhere else on the web, for that matter) there is no absolute surefire way to protect yourself. The very best method is simple common sense. I have been online and downloading since before the internet was even a brainchild. Back then you had to dial in to each network (most of then were overseas, by the way), there were no graphics involved, you had to deal with busy signals for hours on end (kind of like AOL dial-up, hehehe), we used 3600 baud modems (or less) and the downloads were sometimes interminable. To make it even worse, the d/l's were basically crappy most of the time so we just ended up deleting them! In essence, just use your common sense...if it's not a 'known' provider (like C/Net, Microsoft, Adobe, etc.) don't expose yourself. I've never ever used an antivirus (they have a tendency to slow down your PC) and have never ever caught a virus...not even a minor one...(and mind you, I'm on the net and d'ling practically 24/7). A good rule of thumb to follow is, if it looks suspicious it probably is.

As far as P2P networks go, Kazaa is probably the very last one I would use. They're famous for viruses, bloatware, etc. They are the most popular P2P network available and, as such, also the most susceptible to the above. Have you tried Limeware, Bearshare, or WinMX? There are even more available on the net. Less popular is less susceptible....

Sorry for being long-winded and I hope this helps you.

LL1

Honestly, I was under the impression that it's fairly legal to download what you want being that you are not stealing; the file is being freely offered to you. If you were to break into a system and download that would be classified as illegal. My understanding is if you are actually caught in the illegal act of uploading the file to someone else that is a violation of the copyright. In the first scenario you are downloading the file and it never gets further than your own computer. However, in the second scenario you download the file and then continue to share the file which puts you in violation of copyright.

-Mike

Discontinue using that and any other file sharing sites! It won't do you much good scanning for viruses after you already downloaded them! Using these sites mean you WILL get viruses! And MOST of the stuff on these sites are illegal! Songs are not the only thing that has a copyright! Movies, TV shows, pictures, books all have copyright protection too! In fact just about everything on these file sharing sites are illegal. Don?t use them!!

A few other things to note -

Set Windows to show full file extensions. This setting is located in Windows Explorer (NOT Internet Explorer). Right-click My Computer -> Explore -> Tools -> Folder Options -> View. UNcheck the box to hide known file extensions. Many viruses and Trojans use multiple extensions, so you could download a file that looks like it is named freemusic.mp3 when it reality it is freemusic.mp3.exe and contain malware.

Also, while the Windows firewall blocks inbound connections, it does not do nearly as much as any of the free software firewalls available (such as ZoneAlarm). If you do happen to get infected, a firewall that protects outbound will alert you to new programs attempting to connect to the Internet (possibly to share your passwords, or other personal data on your system).

Spyware gets on your systems in many ways. I highly recommend you use Spybot S&D, the free version of AdAware, and Microsoft Antispyware (all free and available right here at CNET downloads). Use the option to keep MS Antispyware resident so that it stays running at all times to protect you. At least once a week, run each program separately by first running the program updater, and then scanning your entire system. Each can find things that the others miss.

As David T. said, use a good antivirus, and keep it up to date at all times (use the program's automatic update function if possible). Remember that you need a good antivirus engine as well - for example, an antivirus version 2002 engine might not be able to detect all the viruses that a 2005 engine might. So even though you still get AV definitions updates, the engine itself should be up to date.

Marcus C.

Kazaa has even had its own malware, viruses, spyware, whatever. I am surprised as the only good answer is to just say, "No," to Kazaa.

While it may be the "sharing" part that's clearly illegal, supply-and-demand dictates that those who download have half the responsibility in the situation. I have a huge collection of mp3's, and only THREE were downloaded illegally - I hunted them down with WinMX because they were out of print and I could not find them anywhere for sale in any format.

I totally agree with being able to obtain files for music we already own on another format. The royalties have already been paid. What I don't agree with are those who justify downloading illegal files, especially music, just because they can. "Why should I pay if I don't have to?" Because someone worked hard to provide that music and they are entitled to get paid for it. You can argue that all the people involved already have tons of money, but that's not always true, especially for the songwriters. I know more than a few songwriters with major cuts that really do need those royalties. There are also many artists that are trying to survive off of royalties from music released years ago.

There are many legal ways to obtain music, software, and other files at low- or no-cost. Some of them have been mentioned in this thread, and more information is also available here on CNET. I recommend looking into those. Some services with content protection seem to be getting more generous licensing(number of CD copies you can make, number of device transfers, etc. - more than enough for anyone using the files legitimately).

CWatkinsNash

Dear Readers,

I have been using limewire on Mac, for may years now, and I've never had any major hiccup, but I do suspect spyware activity is prevalent, as nearly everytime i use limewire, a short time later W32 Netsky infected file or simiar appears in my inbox with an enticement to open the message with a familiar header, which coincidently is similar to what I may hav been downloading on the peer to peer network- This has happend hundreds of times, but Macs are nearly immune to such viral attacks, even after I've accidently opened such files."Prudence" is sure a keyword to remember when dabbling in peer to peer networks.

As far as the legal question is concerned, its both complex and very difficut to answer in regards to, without being ambiguous at the least. If one could be charged for downloading and using a file or music as sourced from a peer to peer group network, then nearly everyone who owns a computer world-wide could technically be charged for breaching some kind of copyright one time or another. Copyright material once duplicated is indeed theft and more so in a court of law, if one with dishonourable intent earns money from the works belonging to somebody else without permission. The concerns which law makers are at issue with, is in its very nature, the same as that which pertains to spyware, as well as the peer to peer group network application itself- If one is sourcing a product such as music by "looking" into the music files stored in somebody elses computer, and then secures music files for personal use, is this in itself an illegal act..? If one has permission to look into someone elses files half way around the world is this in essence 'duplicatiing" the works- am I not simply "borrowing" the works from someone who has given me permission to do so..I mean if my friend from across town lent me his CD collection..Is this theft, as defined under the meaning of Copyright law..? Have we all forgotten, in the years gone past-How many of us used to record music from a radio or somebody elses cassette or CD disk...?The application may have changed but the habits of consumers is really not much different now as it was way back then..Music would be imported from overseas, and we would duplicate them at home- except now we have the internet to make the task easier along with method of delivery...,opps-I mean borrowing. What of the laws as applicable in one country, of which cannot be made applicable or enforced another..? It may be illegal to smoke a Cigarette in certain parts of a building or outdoor area, but if one is not going to make the act of buying and selling cigarettes illegal, how does one expect people to refrain from smoking in public- Peer to Peer network application are not illegal, hence by default-the availability of free music and alike will continue to prevail- It's either that, or Orwells "1984" will evntuate as reality of the times we live in, sooner rather than later.

Regards
David Papa
International trade law expert.

I frequently download music from this site:

http://music.download.com/

It is a CNET property, and no I don't work for the comapny. Great indie music here, and good search capability by genre. These are emerging artists looking for exposure. Enjoy.........

Do not be lead down the path of 'free' open source software such as Linux. There is a major legal battle with Unix which is the backbone of Linux. If rulings come back as to the legalities of many parts of the software unfavorable, such as what happened to Microsoft, you could be downloading 'illegal' or pirited software. Many developers of programs to be run under 'open-source' Linux, what you to buy. A lot of their software is 'shareware', not freeware.