Uploading .torrent files in SA: legal or illegal?

Michalsons representative view on this matter:

Uploading torrent metadata: Illegal (civil and criminal)
Downloading copyrighted content: Illegal (civil)
Uploading copyrighted content: Illegal (criminal)

How does this go along with user privacy and which in-depth details may be obtained legally without user permission and when may it be obtained by court approval?

Understanding the circumstances are critical, near all internet users downloads (and indirectly uploads) copyrighted content on a daily basis. Primary reason being that the content is not locally available and that services abroad are not accessible legally due to licencing (in many cases restrictions).

What about news servers, care to share some light Michalsons?
 
I think the software that ISP's use to monitor users data activity is probably illegal in the first place when it comes to privacy issues etc...
 
What people dont seem to understand is that the BitTorrent protocol is not illegal, but uploading copyrighted files is.
 
does not matter pirate anyway.

simple reason, take the Doctor who Christmas special. aired once on DSTV, on boxing day at 11am.

so not having DSTV, and relying on the kindness of others to watch this 11am was inconvenient for everyone else.

so I used a torrent site, found a torrent and downloaded the entire episode, and watched it an hour after it aired in SA, and again the next day.

come find me please I dare you. prove I downloaded it and did not get it from a friend (I know that is also iligal but the penalty is less harsh)

and lastly FIX THE F****ing TV in the country then maybe, just maybe I will care about what the law says about what I can and cannot watch.
 
can torrent trackers recieve encrypted .torrent files?
can ISP's legally monitor your data without explicitly notifying you that they are do so? (as in not just some fine print in a EULA)

just my thoughts
 
Fulcrum29 said:
Michalsons representative view on this matter:

Uploading torrent metadata: Illegal (civil and criminal)
Downloading copyrighted content: Illegal (civil)
Uploading copyrighted content: Illegal (criminal)

How does this go along with user privacy and which in-depth details may be obtained legally without user permission and when may it be obtained by court approval?

Understanding the circumstances are critical, near all internet users downloads (and indirectly uploads) copyrighted content on a daily basis. Primary reason being that the content is not locally available and that services abroad are not accessible legally due to licencing (in many cases restrictions).

What about news servers, care to share some light Michalsons?
Click to expand...

News Servers - you dont seed like a torrent, so as I understand it would be a civil matter as you only download material.
 
Any varsity and resident student will be aware, that apart the social side that there is also a pirate side (sharing is caring). The whole DC++ piracy debacle…

Who stores the content obtainable via news servers?

In my opinion, they should rather target the hosts than the users utilising the systems. Every time when there is an article with these concerns, they only relate to the distribution network, uploaders and downloaders.
 
fbman said:
News Servers - you dont seed like a torrent, so as I understand it would be a civil matter as you only download material.
Click to expand...

My question is more in line with the topic as to whom made it available.
 
"Causation?" I would think that needs a rigorous testing in court. As do the individual privacy rights provided for in the ECT act. The latter seem far more solid, real and tangible than the flimsy wishy-wash of causation.
 
Can anybody recommend a good VPN proxy server free or otherwise? That will allow downloads to Bittorrent.
 
Baxteen said:
does not matter pirate anyway.

simple reason, take the Doctor who Christmas special. aired once on DSTV, on boxing day at 11am.

so not having DSTV, and relying on the kindness of others to watch this 11am was inconvenient for everyone else.

so I used a torrent site, found a torrent and downloaded the entire episode, and watched it an hour after it aired in SA, and again the next day.

come find me please I dare you. prove I downloaded it and did not get it from a friend (I know that is also iligal but the penalty is less harsh)

and lastly FIX THE F****ing TV in the country then maybe, just maybe I will care about what the law says about what I can and cannot watch.
Click to expand...

^ Agreed!
 
Although a torrent file does not contain any actual media, it is illegal to upload such a file to a BitTorrent tracker if it points to so-called pirate content.
Click to expand...

So if I made a 120 min video with my phone, rename the file to "Nelson Mandela long walk to freedom.mp4", create a .torrent file and upload that to tpb. Will this make it illegal?

Will they need to download the full torrent to find out whether this is legal or not? If they downloaded the torrent and the file and found out that it is in fact, illegal, does this mean that they've also committed a crime / civil offence because they also needed to upload bits and pieces in order to download the content. So does this mean that they also get charged?
 
I guess this falls in the same category as:
Sanral e-mails, SMS and invoices
Posted traffic fines
SABC licences
etc
 
what the article is not clear on - and this is the essential issue:
Torrenting works on a two step process. Firstly somebody has to create a ".torrent" file which is distributed and causes the distribution of the copyrighted content. Secondly a network of persons facilitate the availability of content on a peer basis. The first step involves websites and so forth that show disregard for intellectual property and would be liable to being taken down if hosted in the Republic. The first step also has commercial applications and there is money made in the exercise of distribution, the second step is quite different in genus.

My argument is - and has always been - that the ACT (so active) of creating a .torrent file and uploading same to a distribution service hits the threshold of distribution triggering the criminal options in the Act. However seeding or "uploading" the bits of content consequent upon loading a .torrent file is sufficiently remote from the construct of distribution as to move outside of the domain. In order for seeding and so forth to fall into the criminal domain the statute will have to be amended to criminalize facilitating in distribution.
 
Fulcrum29 said:
Michalsons representative view on this matter:

Uploading torrent metadata: Illegal (civil and criminal)
Downloading copyrighted content: Illegal (civil)
Uploading copyrighted content: Illegal (criminal)

How does this go along with user privacy and which in-depth details may be obtained legally without user permission and when may it be obtained by court approval?

Understanding the circumstances are critical, near all internet users downloads (and indirectly uploads) copyrighted content on a daily basis. Primary reason being that the content is not locally available and that services abroad are not accessible legally due to licencing (in many cases restrictions).

What about news servers, care to share some light Michalsons?
Click to expand...

The privacy and getting evidence for bringing these matters are separate issues. If the State (or copyright holder) unlawfully gathers evidence against the "pirate" (either in breach of RICA, the soon to be implemented POPI or the Constitution) then obviously this would affect the legal proceedings if a case was bought. It doesn't change the fact that the act of "pirating" is unlawful.

"However seeding or "uploading" the bits of content consequent upon loading a .torrent file is sufficiently remote from the construct of distribution as to move outside of the domain. In order for seeding and so forth to fall into the criminal domain the statute will have to be amended to criminalize facilitating in distribution." Agreed, however this is for the court to decide and hopefully we'll get a clear decision on this (if the recent Cape Town case ever gets to the merits).
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter