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If I direct someone in an answer to a site that contains illegal downloads, but I clearly state to only download legal stuff from there, can I still be held liable for anything?

Thanks!

2006-08-02 15:13:27 · 9 answers · asked by Erased Paper 4 in Politics & Government Law & Ethics

9 answers

You will/can not get into trouble. I dont know if you have downloaded limewire, but when you download the program it has a disclosure in it stating "Do not use this program for illegal actions, we are not held responsable for the actions you decide" and by simply stating that they are by law protected. It goes the same why when you get a can of spray paint. There is a disclosure on the side of the can saying "under penalty of law, do not use this product in a manner other than directed" Same concept.

2006-08-02 15:22:47 · answer #1 · answered by amshamah 3 · 1 0

Contrary to what other respondents have incorrectly stated, a person can unquestionably be held liable for the copyright infringement of others. One could be found either vicariously liable or contributorily liable even if the person never directly infringed a copyright himself. (The distinction between the two is technical, so I won't bore you with it.)

However, that is extremely unlikely in the situation you describe. You would only need to start worrying if you were doing things like providing a direct link to take people to the site or somehow benefitting by referring people to the site. We have a free speech right to talk about those who might be copyright infringers, to discuss them by name, and to talk about what they do. You're pretty safe, it sounds like -- and have good instincts for how liability works, too!

(The conduct you describe has absolutely nothing to do with criminal infringement or RICO laws, as some crazily suggested. You would be talking about the possibility of being sued by the copyright holder, not a possibility of criminal charges, which requires some pretty clear-cut piracy. Nor is it true that a disclaimer is adequate to remove liability, as one person wrongly states. The stupid and wrong responses on this site are constantly amazing!)

2006-08-02 15:29:59 · answer #2 · answered by BoredBookworm 5 · 0 0

Nope. It is on the individual that does the downloading. What your talking about are the Rico Laws for criminal conspiracy. This does not apply here.

2006-08-02 15:19:23 · answer #3 · answered by phxfet 3 · 0 0

No, but it might arguably be a violation of the Community Guidelines or Terms of Service.

2006-08-02 17:12:09 · answer #4 · answered by Carl 7 · 0 0

If it tell you that an item you want is sold at Wal-mart and you steal it form them, am I responsible? Sounds like the same deal to me.

2006-08-02 15:31:20 · answer #5 · answered by STEVEN F 7 · 0 0

No, you're not the one downloading.

I just want to let you know, since you seem interested in politics and maybe even history that we opened up a new message board that covers history and politics. Please consider joining.

http://phpbbstar.com/wwwhistorykamik.html

2006-08-02 15:17:18 · answer #6 · answered by bobthebuilder892001 2 · 0 0

if you get busted for a crime it will be evidence, otherwise no problem

2006-08-02 15:18:34 · answer #7 · answered by airpolicejohn 3 · 0 0

yapperuni

2006-08-02 15:19:49 · answer #8 · answered by philaris_03 1 · 0 0

nope.

2006-08-02 15:41:41 · answer #9 · answered by OJ 2 · 0 0

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