57

You're allowed to make backups of copyrighted software, as long as you are authorized to use the software, the backups are not distributed, and they are destroyed when/if you are no longer authorized to use the software. 17 USC §117(a): (a) Making of Additional Copy or Adaptation by Owner of Copy. -- Notwithstanding the provisions of section 106, it ...


51

Unless the Youtube Video shows them committing a crime, then no, they couldn't be arrested and tried for a crime. Them saying it, not under oath, is just hearsay that has no evidentiary value unless there is already other evidence they have committed a crime. In that case, its an admission. But there must be other, either circumstantial, or actual physical ...


23

Some of the things you mentioned above, are civil, not criminal matters, such as pirating software. Some of the other things are criminal matters. I will discuss this question in the context of the United States and criminal law. When you are accused of a crime, the prosecutor must specify when and where the crime was committed. This is a due process ...


22

No. Only the company owns the copyright, not its shareholders. A company is a separate legal entity with its own capacity to own property. Copyright is property, not infection that can be spread onto whoever is close enough. Pretty much like shareholders can't just share the use of the company's tangible assets, they can't wet their beaks in the copyright. ...


14

It is, in most jurisdictions, not a crime to download YouTube videos. For criminal law, the answer is that it is not illegal. In many jurisdictions, downloading music or video of any kind from the internet is not a crime. Thus, police has no power to punish you for downloading, and even less power to shutdown such "downloader" websites. YouTube's Terms of ...


13

Building off @DigitalFire's answer, I looked into the TOS related requirements that Google Analytics puts out and I found this on Google Analytic's TOS: You will have and abide by an appropriate privacy policy and will comply with all applicable laws relating to the collection of information from visitors to Your websites. You must post a privacy policy ...


10

Prosecutorial discretion - cops choose who to arrest and prosecutors decide which crimes to charge and pursue. If these confessed-crimes you speak of are not being pursued its because the cops and attorneys conclude that they can't make the case through evidence. Saying you did a thing is not the same as doing it. Let's assume that the cops arrest one of ...


10

It's not a crime per se, but you're breaching contract if you're accessing it by normal means, that is, through a Web browser or through the API. Youtube Terms of Use 5B, emphasis added: Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and ...


10

In the UK there is the Data Protection Act which prohibits the accumulation and collection of personal data (within a predefined scope) without the consent of the user. If you're unconcerned with personal data and merely want usage statistics, notification and consent gained through TOS is probably sufficient.


10

Copyright law (17 USC 117) specifically allows this: it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program if you are the owner of a copy of the computer program, provided: (2) that such new copy or adaptation is for archival purposes only and ...


9

Generally not. There is a notion in copyright law called the first-sale doctrine in which after a particular copy of a copyrighted work is legitimately sold, the purchaser can sell, lend, lease, give away, or otherwise dispose of the copy as he sees fit. Copyright does not give the copyright holder exclusive rights to authorize resales. See 17 U.S.C. § 109 ...


8

The answer is definitely not as easy as "you can do whatever you wish with your software". If that were true I guess I could create a software that steals credit card numbers and uploads them to a public website. In the EU theres soon a new law governing personal information called the GDPR (General Data Protection Regulation) that governs what you can and ...


8

The DMCA prohibits circumvention of technological measures that effectively control access to a copyrighted work. So you can't legally "crack" the software, period -- even if you own a disc containing the software and have a valid license to use it, a license to use the work is not authorization to circumvent access controls. So if the disc is copy-...


7

The probable answer is right there in the article: the Kim Dotcom case has been a PR coup but a legal disaster. Mr Dotcom has not, at this time, been jailed and it may have become apparent to US and NZ law enforcement agencies that he probably never will be! It is really, really easy to accuse someone of committing a crime; it can be really, really hard to ...


7

Just an FYI: If you are uploading it to The Pirate Bay, anyone using it is, by definition NOT pirating it. Even if you put a license or some other language saying otherwise, and later try to enforce your copyright. People have tried doing that, and the court decided this point. The Prenda Law court cases was a situation where a criminal enterprise was ...


6

It is possible to abandon copyright ... maybe. However, this game has not been abandoned. When the owner of the company was liquidated, the copyright became the legal property of the liquidator in trust for the creditors. It is for him or her to decide how to deal with the property but the copyright still exists until 70 years after the author(s) death. ...


6

Distribution on YouTube implicates, at least, US copyright law. Shropshire v. Canning 809 F.Supp.2d 1139 (N.D. Cal. 2011), Subafilms v. MGM 24 F.3d 1088 (9th Cir. 1994) Are you infringing? Is the original work eligible for copyright? "It is undisputed that computer programs— defined in the Copyright Act as a set of statements or instructions to be used ...


6

No. Not even when you own a CD/DVD version of the movies/software.


6

Subject to a few exceptions, such as fair dealing, copyright holders have a right to dictate how their creations are performed, communicated to the public, and reproduced. It is technically an infringement, and illegal, to download without respecting the copyright owner's terms. The Copyright Act sets a limit of $5000 for non-commercial infringement cases: ...


6

So, as I understand the decision, it's a little more subtle than that. By default, states have sovereign immunity and can't be sued without their consent. Congress can remove ("abrogate") this immunity by law in some circumstances. They tried to do so for copyright infringement cases with the Copyright Remedy Clarification Act of 1990. However, in the ...


5

YouTube has commented on this topic in the past, stating (paraphrasing) that due to the amount of information that is uploaded to their sites, it simply cannot monitor whether the files are copyrighted with any accuracy or totality. They do have systems in place for standard due diligence and once they are made aware of copyrighted material, whether through ...


5

It would be copyright infringement. You had the copyright holders permission to make one copy of the song by downloading it. At that time, if you gave me a copy of that song, it could be argued that very, very little damage was caused because I just had downloaded that song myself with practically the same effect. Today, that argument is not valid anymore. ...


4

If it was illegal to make the entire copy, it is illegal to copy half the file. See also, e.g., Basic Books v. Kinko's Graphics Corp., 758 F. Supp. 1522 (S.D.N.Y. 1991) In response to the question of whether moving it to someone else's servers makes a difference: it is the act of copying, not the possession of the copy, that is the violation of copyright ...


4

Some years ago, when I knew some "shady" people, one of whom told me that they were doing something illegal, I spoke with a lawyer about the matter. And the lawyer's advice was something like the following: "You do not know that anyone is doing anything illegal. That is, your level of "knowledge" would not stand up in a court of law. All you know is that ...


4

"Piracy", when you are not talking about murderous thugs attacking ships, usually means unethical behaviour related to copying copyrighted works. Piracy is about ethics, "copyright infringement" is about things that are illegal. Obviously then if you paid for the software, and didn't sell it on, or gave it away, then doing whatever it takes to run the ...


4

There are a number of existing legal sites that do this, for free or for pay. The main concern for a website operator pertains to the DMCA "safe harbor" provisions, which protect against vicarious liability for infringement. A "report piracy" option is not sufficient; see this answer to a related question.


4

It isn’t theft Theft requires depriving the legal owner of possession permanently. In concept it’s closer to fraud than theft, however, copyright violation is its own crime - neither theft nor fraud. In casual usage, you can call it theft if you like - or pomegranate, or Howard. Whatever gets your point across.


3

Piracy is copyright infringement, not theft, so laws related to theft don't apply. Copyright offences do not have the same tradition of separate 'petty' and 'grand' offences based on the value of the subject matter. In Australia, copyright offences exist under Commonwealth law. Commonwealth law does not recognise a misdemeanour/felony distinction. Instead, ...


3

The video in some ways belongs to YouTube. Although it's a royalty free one, they have rights to the video, and you ARE using THEIR service, this means that you have to follow their terms of use. It's best to get an offline copy from the content creator. Source: YouTube Terms of use section 6C For clarity, you retain all of your ownership rights in ...


3

You would start by seeking permission from your academic institution. If they approve it then they should employ their legal counsel to create a safe harbor for your work.


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