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Is it Legal to Download Torrents by law


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Why worry? Isn't Using a Torrent Private?
One of the big draws for users of torrents historically was the anonymity this technology provided. The way torrents work is by allowing one computer to download little pieces of a file from multiple hosting computers simultaneously. This provides both a way to transmit enormous amounts of data without running into bottlenecks at the host's end while uploading the file, and a way to keep who is receiving what file from whom a little more confidential. Only, it is not that confidential anymore.

Both government agents and so-called “copyright trolls” (individuals and organizations dedicated to tracking down those violating copyrights and bringing legal actions against them) have been known to find torrent files, snoop around the networks of computers transmitting (or seeding) pieces of the file, and begin recording those computers' IP addresses. In time, as you begin to download the file, you will also usually become a seeder (at least during the time you are downloading the file). That means eventually, your IP address will be recorded, as well. Moreover, many internet service providers (ISPs) have rules against using their networks for piracy and will throttle or terminate service for those engaging in large data transfers.

From a practical standpoint, there are a few ways to avoid this listing of your IP address as a peer, such as using a virtual private network (VPN). Another approach is to only download content from private, invite-only torrent sites. Since the only people able to access the information in these networks have to be invited, the chances of running into a government agent or copyright troll are greatly reduced. However, while this may protect the individual from discovery, it does not answer the question of whether it is legal.

So, Is It Legal?

Short answer: if it is copyrighted and you did not pay the holder of the copyright to buy it, then no, it is not legal. There have been a number of legal disputes challenging the boundaries of fair use to determine whether sharing a file may be considered legal in the same way that you might once have burned a mix tape or CD for a romantic interest without too much concern of the police kicking in your door. However, the courts have changed their views and now almost universally recognize that file sharing to large groups, such as torrents allow, is a very different practice and amounts to an infringement of the copyright holder's rights, even if the person sharing the file made no profit from the share.

Bottom line, while you might be able to get away with it (for now) using torrents to get music, movies, books, games, and other media for free is illegal and you could face penalties both for sharing and receiving such content. However, should you have specific questions about the legalities of using torrents, especially if you have been threatened with legal action for using a torrent, you should contact an attorney for more information and guidance on the best practices to avoid liability.

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