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Is it legal to spread Warez download links on website?

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owntype

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Is is legal to run a website and share warez download links e.g. from RapidShare or Megaupload?

No direct download links on the website, but only share info.

Thank you.
 
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Legally, I'm not sure, but your hosts will discontinue your account for sure.

Most will say no links or content relating to warez etc.
 
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Well, it seems legal (Do not quote me on that), but it is highly sensitive matter. it also depends from case to case. One wrong step could get you in big trouble. NOT recommended unless you know what you are doing. Since you asked this question, you do not know much. So DO NOT do it.

GH
 
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I'm assuming it's illegal. Take torrents for example...they don't host the actual file, but the FBI shuts torrent trackers down, anyway.
 
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Thx for the replies!

I have no intention to setup such a site, but I am curious that there are sooooo many warez sites, some has been run for years without any problem, why?
 
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overseas hosting..least thats what I heard..:)
 
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owntype said:
Thx for the replies!

I have no intention to setup such a site, but I am curious that there are sooooo many warez sites, some has been run for years without any problem, why?
A lot of warez website, or torrent websites are hosted overseas, in Sweden or the Nederlands. There copyright laws are not strict, theres a case going on with ThePirateBay, You can read what happened to them on Wikipedia.
 
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Chicken said:
theres a case going on with ThePirateBay
:hehe: I always got a kick out of the legal threats page.
 
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slider said:
:hehe: I always got a kick out of the legal threats page.
Me too, the legal threats are hilarious. I hope they get it fully back up soon. (Images etc on it :p)
 
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Because they are in countries of which ISP's don't care.

Lets take a good example

TPB, or ThePirateBay

Used to be in Canada, where it is legal to share files for personal use. But we get taxed for it when we by MP3 Players.

Now in Sweden ish area. Where the cops are not worried about "warez" they are worried about keeping bad people off the street.

Now. If you where to lets say send a Discontinue of Service request to a ISP in a country below the equator.. You would get nothing back and it would be a waste of time. This is because for starters these ISP's need money and don't care.

Another BIG reason is this, US has control over the internet (pretty much, I know some say EU does.. But US legally has mroe control over the internet) US is not enforcing laws. That they should be and they are more worried about getting OIL from Iraq. I do not wish to get into politics. But that is why.

Now my personal thought is this. I am Canadian and I like Canada. Now in school we are tought to share. But than we are turned about and told it is illegal to share? Why because some millionairs want to be billionairs? If you have ever heard the song by weird al "Don't Download This" that puts it into perspective. US is VERY quickly becoming a no middle class country. You are either Poor or Rich, now if you don't have that money to go buy that $30 DVD but your friend has it. Why not borrow theirs? And burn off a copy so you don't have too? So what is the multi-millionairs lose a wopping $10.. They make enough money as it is. And they honestly don't give a care about others. The fact that .torrent is legal because the files are NOT hosted on a server (like kazaa/napster was, which is why it was shut down).. Insted a torrent or a bit is EXTREMELY encrypted code (by our good friend Brian) is distrubuted.. Which all it has in it is a simple line something like sa(o1) or something simple which is enough to tell the program to download a file named "blah blah blah" from "blah".. This is very complex to explain how he did it.. But trust me it is so far unencryptable by the FBI and RIAA and others. and with the new version of BT there is now not a single peice of your ID in it (no ip, nothing) So now they are intracable.

But I do NOT recommand using it. For people like G-Unit and P-Diddy and those people who have millions and 15 cars and $500 Thousand dollar diamonds hanging off ther neck.. DO THEY NEED THOSE? No.. They jsut got SO much money and don't give a care about anyone.. Or they would be sponsering or sending money to help the less "gifted".. Now there are a few people who do.. And I thank them, but the general population of "celebs" don't. So should warez be illegal. I think not, however I do strongly suggest buying CD's of good small bands (local ones, smaller big bands (Green Day, and what not) because they are good.)

Now getting back to should warez be illegal.. It is.. But I say it shouldn't be and I will fight to say it shouldn't be. I do NOT see any of these "snobs" that call themselves the RIAA donating to assist those less forunate or struggling to survive.. Insted they take most of the money and pocket it :)

My big long rant about warez and downloading files.

Simple answer to your question: They are overseas, where the cops care about cetching bad guys not stopping you for going 10 KM over the speed limit to get to the hospital to see your wife.

- Steve
 
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iNod said:
Used to be in Canada, where it is legal to share files for personal use. But we get taxed for it when we by MP3 Players.
:yell:

In Canada its legal to download for personal use, but not spread.
 
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In Canada it is legal to download for personal use. Or spread BUT they can only use it for Personal use.. Like if you give somebody a DVD. They can burn it for their own use. Which is why ISOHunt is still online (ISOHunt = Canadian).

- Steve
 
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iNod said:
In Canada it is legal to download for personal use. Or spread BUT they can only use it for Personal use.. Like if you give somebody a DVD. They can burn it for their own use. Which is why ISOHunt is still online (ISOHunt = Canadian).

- Steve
Woah :yell

Just found this,
http://news.com.com/2100-1027_3-5182641.html

It says quote,
In a far-ranging decision, the court further found that both downloading music and putting it in a shared folder available to other people online appeared to be legal in Canada.
 
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isohunt is Canadian? Thats new news to me.
 
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owntype said:
Is is legal to run a website and share warez download links e.g. from RapidShare or Megaupload?

No direct download links on the website, but only share info.

Thank you.

Internet Law 101.

The server of the site in question comes under the same laws of the location of the server in question. So, in English, if your web host is in England then English laws will apply to all sites and content on the server. To the intelligent this simply means that if you find a webhost in a foreign country who have no such thing as copyright laws, then bingo... you've hit the jackpot baby.

As for whether or not it's legal to create a "warez" site and provide links to download the content, that really depends. Historically, all blatant "warez" sites with external links to programs have been shut down. It seems to depend highly upon how you promote your site, and it's activities.

If you, for example, registered the domain www.warezheaven.com (EXAMPLE, not sure if it's used) then you are clearly attempting to promote the distribution of "warez" and breach all copyright laws known to man. However, if you were subtle and launched a site such as "www.releases.com" and listed the latest "warez" releases then you could argue that you are merely providing information and are not liable for the content other members post.
Certain well known sites take this approach and have been online for years without any problems.

In my opinion it really depends how you go about it. I notice that someone has referenced the piratebay here. See my example above, and you can clearly see why they're having legal trouble. All the big sites that provide information on the subject are still around today after many years of legal-free operation. What does that tell you?

Be stupid about it and expect to pay the price.
 
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owntype said:
http://www.youtube.com/watch?v=1bGxxrwhC38

Swedish police raiding the ISP that hosted Bit torrent-tracker The Pirate Bay

That didnt really look like you're typical raid, it looked like a bunch of guys wandering around not having any clue what they're looking for :)
 
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slipxaway said:
That didnt really look like you're typical raid, it looked like a bunch of guys wandering around not having any clue what they're looking for :)

exactly!

:yell:
 
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You can link to whatever you want. Is it ethical? No.

Think about it - would yahoo, google etc etc have their search engines chocked full of the same unethical links if it were illegal?

This is not a legal opinion, but just one based on direct observation.
 
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whitebark said:
You can link to whatever you want. Is it ethical? No.

You can link to whatever you want, as long as your webhost or the owner of the server your information is stored on allows it per it's terms and conditions, and no legal bodies want to question the material you post.

Freedom of speech does NOT apply to illegal activity. Nobody is above the law.

Think about it - would yahoo, google etc etc have their search engines chocked full of the same unethical links if it were illegal?

Incorrect. Search engines act differently in that they are an *AUTOMATIC* archive of information and do not screen nor select which data they store. Of course, there are ways of forcing search engines to not spider your sites with the use of robots.txt files, but this is down to the site itself and not google or any other search engine.

The reason they don't filter anything? Simple.

If they begin filtering something, they must GUARANTEE that it remains 100% filtered. If, for arguments sake, something slipped through their filters - they then become liable for that content getting past their filter. All it would take is 1 complaint and they're royally screwed.

Ignorance is bliss, and this is exactly why most organisations refuse to filter anything - because then it's not their problem, it's the end users problem.

This is why companies such as giganews.com can get away with providing premium usenet access - including access to masses of extremely illegal pornography and copyright infringing material. If they don't screen any of the content, how are they to know what's on there? Just because they transmit it to you, YOU are the one who has requested that material, therefore YOU are the one liable.

This is not a legal opinion, but just one based on direct observation.

Observation noted, but unfortunately incorrect. Please don't take any what I said as a personal negate of your character, it's just I've researched this subject thoroughly.
 
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