Timeline for Is it illegal in the EU / in Germany to download a scientific e-book?
Current License: CC BY-SA 4.0
11 events
| when toggle format | what | by | license | comment | |
|---|---|---|---|---|---|
| Nov 21, 2018 at 0:06 | comment | added | phoog | @gnasher729 it makes very little difference to you if the minor charge for the theft is insignificant compared to the major charge for the illegal distribution. | |
| Nov 20, 2018 at 23:51 | comment | added | gnasher729 | @Allure If I buy a CD from a record store legally and put it on my website where millions download it, or if I steal a CD from a record store illegally and put it on my website where millions download it, it doesn't make any difference to the downloaders (it's equally illegal), and if I get caught then it makes very little difference to me. | |
| Nov 20, 2018 at 23:18 | comment | added | phoog | @Aaron I don't think there's much question about whether downloading constitutes the creation of a copy. It does. My point is that if you're asking about whether the website obtained the copy legally then there are two distinct copies whose legality is in question: the one on the website and the one created by the downloader. There's also the question of whether it is legal for the website to publish its copy (make the copyright available for download). It's really impossible to know the answer without knowing the license terms and the purpose of the copy. | |
| Nov 20, 2018 at 23:08 | comment | added | Aaron | @Allure notice phoog's point about "The website cannot authorize you to download the file. You are therefore probably also at fault if you do, but it's a separate question." That is the crux here. You have worded your question to imply that the law somehow applies to downloading, but it is talking about copying material, and therefore it could possibly be illegal but not for the reasons provided in the question, not unless the EU has also declared legally that downloading constitutes the act of creating a copy by the downloader. | |
| Nov 20, 2018 at 5:47 | comment | added | phoog | ...and makes it freely available, and you download it knowing that you should be paying for a copy through the official site, then both you and the website are at fault. | |
| Nov 20, 2018 at 5:46 | comment | added | phoog | @Allure suppose the website obtained it legally under license terms that prohibit redistribution. In this case the website is at fault for posting the file. The website cannot authorize you to download the file. You are therefore probably also at fault if you do, but it's a separate question. On the other hand, if the website obtained the file because the copyright owner uploaded it for the express purpose of making the file freely available to anyone who wants it then nobody is at fault if you download the file. If the file is only available for a fee, and the website purchases a copy... | |
| Nov 20, 2018 at 5:38 | comment | added | Allure | Thanks for the answer. To clarify: if the website obtained the ebook illegally, and I download it anyway, am I at fault (or am I in the clear and only the website at fault)? | |
| Nov 20, 2018 at 5:34 | comment | added | phoog | @Allure no. It is not enough that the source of the e-book obtained it legally. You must be authorized to make a copy of the e-book. If the web site obtained it.legally but is not authorized to redistribute it or to authorize you to make a copy then your download would be a violation (unless covered by some exception in the law that hasn't yet come under discussion). | |
| Nov 20, 2018 at 5:31 | history | edited | phoog | CC BY-SA 4.0 |
added 172 characters in body
|
| Nov 20, 2018 at 5:29 | comment | added | Allure | Are you saying that it comes down to whether the website where I got it from obtained the ebook legally, and if the answer is "yes" then I am not breaking laws; on the other hand if the answer is "no" then I am doing something illegal? | |
| Nov 20, 2018 at 5:25 | history | answered | phoog | CC BY-SA 4.0 |