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Copyright or Wrong®
The Jefferson Coulter Blog: Copyright Law and Policy

Archive for the ‘BitTorrent’ Category

Not all Torrents are created equally.

Tuesday, November 20th, 2007

While the FBI is busily throwing downloaders in jail, other users are finding lawful ways to exploit BitTorrent technology. While, I have not evaluated the copyright status of each and every movie available at Public Domain Torrents, the gist is that television and film content that has moved into the public domain may be accessed and downloaded by anyone who visits this site.

Anything registered before 1923 is now in the public domain. Additionally, many works published before 1964 have entered the public domain–either because they were not registered or renewed. For works after 1923 that had not lost their copyright protection, the Copyright Term Extension Act (”The Mickey Mouse Act” because of Disney’s heavy lobbying) extends copyright terms an additional 20 years. So, Copyrights registered in 1924 and later will not loose their protection until 2019.

Big score for Disney, less so for you.

Operation D-Elite targets BitTorrent users

Friday, November 16th, 2007

A seventh defendant has pleaded guilty in connection with Operation D-Elite, the first criminal enforcement action targeting individuals committing copyright infringement on a peer-to-peer (P2P) network using BitTorrent technology.

The Defendant faces a maximum of 10 years in prison and a fine of $500,000. According to the North Country Gazette, the Motion Picture Association of America provided substantial assistance to this investigation.

The policy reasons for putting downloaders in prison are unclear. While jail time may serve some deterrent function, rights holders already have an appropriate mechanism for obtaining financial compensation, through civil litigation. Even more dubious is the MPA’s assistance in putting consumers in prison.

I guess it makes for a good show.


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