If the woman from Duluth downloaded music from Kazaa and it was a legal site, why was she fined?

Question

I must be missing something here because if it is illegal to download from this site, why is it still up? My daughter says it isn't because she downloaded it but because she shared it. What's the difference?

Answer 1

The reason things like Kazaa are legal is because they are not an explicitly "music downloading" website. Kazaa is actually more like an application one runs. It was created for sharing files on your computer with other people. If you and your friends wanted to share videos they made, photos they took or documents they wrote with each other, you could use Kazaa to easily share them. Kazaa even specifically asks its users NOT to illegally share copyrighted music and videos. But, nevertheless, that's what people use the program for.

And that's what's going on: using a legal program for illegal activities. I think downloading copyrighted music is technically illegal, but so many people do it that it's hard to enforce. Distributing copyrighted music, on the other hand (sharing it with others), is even more illegal. The people who typically get prosecuted are those who share many, many illegal things with many many people.

Answer 2

When she used Kazaa to offer copies of the 1,702 songs, every copy was a copyright infringement, regardless of what others planned to do with them, because they were illegal copies to start with. The owners of the music copyright (not the copy itself) had not licensed them for further distribution, so she could not give out the ordinary "single copy for your personal use" license that legal materials on the web enjoy.

She's lucky they focused on 24 songs at $9,250 per song, rather than the 1,702 (which would have been over fifteen million dollars).

Also, it isn't a "fine" because it isn't paid to the government; it is "damages" to the copyright owners. It may well be reduced on appeal.

Answer 3

You can legally use Kazaa to download & upload (share) uncopyrighted files and files you own the rights to (you created).

Downloding copyrighted files is questionable, but you likely won't get sued, as you are entitled to a backup of anything you own.

Uploading copyrighted files is totally illegal, and you do have a chance to get sued.

I got one from the movie people. I had my internet shut off for a day, and had to sign a form saying I wouldn't share that file again.

Answer 4

This is a touchy one and i can only tell you my understanding of the issue which may not even be right however here it goes. Normally you will not have any problems with these things unless you make a profit in the process. example you down load a song and add it to a CD and sell the CD as yours other wise sharing the files would not be much different than buying a CD copying it and sending it snail mail to a friend but when Money changes hands it is a different story.

Answer 5

I think your chance of going to jail is significantly less that a chance of ruining your computer with viruses. I killed 2 computers with music downloads. No free music download site is technically legal anymore. People use limewire and bittorrent and some others to "share" music, but they are all very unsafe. I have heard of some myspace users sharing music with their friends. That may be a better way since you know who is putting the music out there. There are also some free "song of the day" subscriptions available through itunes which are safe and legal as far as i know.

Answer 6

It's much easier than I thought! And downloads are so fast! I downloaded many songs and as they say, it was perfect. Now I am discovering all the music/movies that I can download. This is SO cool!. Try it yourself http://www.kazaa-platinum.com Dont use free Kazaa or Limewire

Answer 7

Because she was distributing it (For profit?) on to others who had not signed up to Kazaaa site.