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WTA: Torrent-ing in Germany
Tiffanys:
--- Quote ---2. Therefore it is legal to download unlicensed anime and related stuff.
--- End quote ---
Wrong. It's illegal.
FlyinPenguin:
--- Quote from: Tiffanys on January 06, 2013, 03:37:57 AM ---
--- Quote ---2. Therefore it is legal to download unlicensed anime and related stuff.
--- End quote ---
Wrong. It's illegal.
--- End quote ---
How is it illegal if the Japanese copyright holder's don't have the material copyrighted in Germany? Is this a German law that protects copyrighted material regardless of where the copyright is held?
zherok:
Pretty sure that international copyright agreements, like this one would apply.
Freedom Kira:
--- Quote from: FlyinPenguin on January 06, 2013, 04:12:15 AM ---How is it illegal if the Japanese copyright holder's don't have the material copyrighted in Germany? Is this a German law that protects copyrighted material regardless of where the copyright is held?
--- End quote ---
It certainly is illegal, regardless of location. Typically, though, Japanese companies don't want to get involved in such affairs, so they just turn a blind eye, and they are the only ones who can actually press charges, being the creators of the original material. That's the reason why we kinda brush off the whole legality issue. If they started pursuing action, BakaBT would probably start blacklisting a lot more than just Funimation stuff.
So no, it's not exactly a German law in particular. If anything, it'd be protected by Japanese copyright laws, because that is where the material originated from, or the international copyright agreement linked above.
--- Quote from: buchno on January 05, 2013, 12:57:09 PM ---Wouldn't it be more effective for them if they did it the other way around; often suing people (rightfully), but for smaller amounts? Wouldn't that lead to less people taking the risk?
...or is that what the three strikes rule in the US introduced already?
--- End quote ---
Of course it would. However, doing something like that is very expensive, so if they don't sue for obscene amounts (and win), it's hardly worth spending the time.
I think it's six strikes, but yeah, I think that it works kinda in that way. Not positive about that though.
Bob2004:
--- Quote from: Freedom Kira on January 06, 2013, 07:11:43 AM ---
--- Quote from: buchno on January 05, 2013, 12:57:09 PM ---Wouldn't it be more effective for them if they did it the other way around; often suing people (rightfully), but for smaller amounts? Wouldn't that lead to less people taking the risk?
...or is that what the three strikes rule in the US introduced already?
--- End quote ---
Of course it would. However, doing something like that is very expensive, so if they don't sue for obscene amounts (and win), it's hardly worth spending the time.
I think it's six strikes, but yeah, I think that it works kinda in that way. Not positive about that though.
--- End quote ---
What they usually do - and now I think of it, I have a feeling this is particularly common in Germany - is they harvest several thousand IP addresses, file a request with the courts to have the personal details of all those account holders revealed, then send them all letters demanding they pay a load of money as compensation, or they'll be taken to court and sued for huge amounts.
So they manage to get the majority to pay up, without any of the expenses of having to actually use the legal system, beyond the initial discovery.
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