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Originally Posted by Nathan
I also think a downloader of a torrent is not always a pirate
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The law on the subject is very clear. It is a criminal and civil offense, in the USA, to make an unauthorized copy of a copyright work. Downloading fits the definition of making a copy. The law doesn't care what you think.
With that being said, the criminal penalties for distribution (uploading) are much harsher than for downloading. The criminal penalties for infringing copyright for profit are even harsher.
It amazes me how many discuss copyright without fully reading the DMCA as well as Title 17 and Title 18. Here is how things look for a tube owner that uploads copyright content without permission:
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506. Criminal offenses6
(a) Criminal Infringement. ?
(1) In general. ? Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed ?
(A) for purposes of commercial advantage or private financial gain;
(b) Any person who commits an offense under section 506 (a)(1)(A) of title 17?
(1) shall be imprisoned not more than 5 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, including by electronic means, during any 180-day period, of at least 10 copies or phonorecords, of 1 or more copyrighted works, which have a total retail value of more than $2,500;
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