German laws p2p clarification please

vbimport

#1

Hello, I moved to Germany from canada 2 months ago. I found the link you guys made and read thru the translations of the EU laws and german laws. But the p2p area was short, and unclear. (google translation). It was mainly regarding copies, and protection circumvention.

Now is it illegal to download an obvious illegal file such as a movie or mp3, or was ok, since the source needed to be determined if it had broken the copying or circumvention laws?( Thats how it seemed to be translated in google) :confused:

Can I get sued from the RIAA or the German equivelant?

Reason for asking…

I download the tv episodes of LAS VEGAS. Well you can get it here but in the german language, I dont exactly speak it yet, so is it that bad to download an episode to get it in my language. (this download would ba a torrent)

Also just some music I cannot find in stores, online, and alot of U.S. ebay peeps dont ship outsinde the U.S. So my only real and last resort is to download it.

It sucks coming from Canada where they dont give a shite about what we download. For Example, my sister has had several complaint letters from movie companies to her isp, and they tell her to just get it off her shared files list!!! then tell her to have a good day!!


#2

Check this site:
http://www.euro-copyrights.org/index.php/14


#3

Thanks, but that was the link I already read and needed clarification on.


#4

Bump.

Anyone frome germany here who may have more links to this information???


#5

I will try to translate this for you

[I]7. Is it forbidden to download copyrighted material (music/movies) from the internet via p2p-networks?[/I]

Copies for private use only are generally allowed (pls. see question 1). Certnainly, it is not allowed if an „apparently illegal produced template“ is used for copying (see Q. 5). Until now there is no decision of the courts, clarifing if every music or video download from the internet via p2p networks happens with the use of an „apparently illegal produced template“ which wouldn’t be allowed.

Q.1 says: Is it allowed to copy a DVD-movie or a music-CD for private use only when I legally own the material?

Yes, as long the copied disc isn’t used to make any profit. This means you are not allowed to sell the copied disc. You are not allowed to uplaoad a video - or music file into the internet, even if this happens free of charge (file-sharing).

to sum it up:

You are allowed to download stuff as long as you can’t clarify if the source file isn’t copied from a counterfied disc or produced by the use of illegal techniques. (e.g. a record from a cinema). You are not allowed to provide any of these downloaded (copied) files via the internet.

[I hope my translation is read and understandable]