The problem in cases like this is not the copying, but the ability to bypass DRM. Creating and distributing tools that can do that is illegal in the US due to the DMCA. I think there are similar laws in the EU but I’m not sure.
Bypassing copy protection is not a crime in my country. The DMCA is a joke here and TPB creators knew it. Unfortunately the media companies used their threats of sanction on Sweden if they were not persecuted. Straight up maffia tactics.
Edit: TPB wasn’t really relevant to copy protection but I brought it up because of DMCA. TPB never hosted any copyrighted content and should not have been held liable.
I grew up in a town with a huge standing weekly flea market everyone knew about where everyone knew you were buying stolen stuff, fake IDs, bootlegs, etc. The way I finally convinced my family that TPB wasn’t illegal was by asking them if it was a crime to tell someone where the flea market was.
Actually based on how the law is written, yes you are. And also what you’re saying is irrelevant because telling someone “hey go here to buy a fake ID” is absolutely aiding and abetting.
Aiding an abetting requires participation in the crime or encouragement to commit the crime to some extent. Simply saying how a crime can be committed is not aiding and abetting.
It’s very similar (and in some cases exactly the same) as being an accessory to a crime.
If the Brady Foundation says that people are 3D printing lower receivers using design files from a specific fosscad site to create ghost guns, then someone does that in California, the Brady Foundation isn’t “aiding and abetting.”
The accessory example of the above scenario would be directly telling someone exactly where and how to to get the specific parts and files they need and encouraging them to do so in a jurisdiction where it’s illegal with the direct intent of having them commit a crime.
Since the files are legal many places, as are the materials, it’s almost impossible to prove a specific intent to violate the law. It’s similar with TPB. MEGA got taken down because they directly hosted the files and specifically encouraged people to illegally pirate software using the site. TPB has never done either.
The problem in cases like this is not the copying, but the ability to bypass DRM. Creating and distributing tools that can do that is illegal in the US due to the DMCA. I think there are similar laws in the EU but I’m not sure.
Bypassing copy protection is not a crime in my country. The DMCA is a joke here and TPB creators knew it. Unfortunately the media companies used their threats of sanction on Sweden if they were not persecuted. Straight up maffia tactics.
Edit: TPB wasn’t really relevant to copy protection but I brought it up because of DMCA. TPB never hosted any copyrighted content and should not have been held liable.
I grew up in a town with a huge standing weekly flea market everyone knew about where everyone knew you were buying stolen stuff, fake IDs, bootlegs, etc. The way I finally convinced my family that TPB wasn’t illegal was by asking them if it was a crime to tell someone where the flea market was.
The funny part is if you could buy fake IDs then technically it was a crime to tell them where the flea market was.
Knowing where to commit a crime is not illegal.
Aiding and abetting is though my dude.
Telling someone how to do a thing isn’t aiding and abetting.
If I tell you that you can kill someone by shoving them off the Brooklyn Bridge, I’m not potentially taking part in a homicide.
Actually based on how the law is written, yes you are. And also what you’re saying is irrelevant because telling someone “hey go here to buy a fake ID” is absolutely aiding and abetting.
Aiding an abetting requires participation in the crime or encouragement to commit the crime to some extent. Simply saying how a crime can be committed is not aiding and abetting.
It’s very similar (and in some cases exactly the same) as being an accessory to a crime.
If the Brady Foundation says that people are 3D printing lower receivers using design files from a specific fosscad site to create ghost guns, then someone does that in California, the Brady Foundation isn’t “aiding and abetting.”
The accessory example of the above scenario would be directly telling someone exactly where and how to to get the specific parts and files they need and encouraging them to do so in a jurisdiction where it’s illegal with the direct intent of having them commit a crime.
Since the files are legal many places, as are the materials, it’s almost impossible to prove a specific intent to violate the law. It’s similar with TPB. MEGA got taken down because they directly hosted the files and specifically encouraged people to illegally pirate software using the site. TPB has never done either.