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Downloading TV shows from internet

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motorola View Drop Down
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  Quote motorola Quote  Post ReplyReply Direct Link To This Post Topic: Downloading TV shows from internet
    Posted: 13/June/2012 at 03:13
Is it legal for someone to download TV shows like House MD or Game of Thrones from websites like www.indowebster.web.id? FYI: this site provides *** spammer*** services to its members, so no intent of selling copyrighted materials, only redistribution. Or does the legality of this matter depend on each country's law? no international laws that govern this kind of matter? the copyrighted materials uploaded in this website are mostly from USA, Korea and Japan.

 

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MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 13/June/2012 at 10:02
If the owners of the site bought the rights to redistribute, there would be no problems, but I expect they have not and are only doing it to add their own advertising content, from which they make money.

Have they bought the rights, or did they just pirate the show from some free to air site?
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

 

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NotGuilty View Drop Down
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  Quote NotGuilty Quote  Post ReplyReply Direct Link To This Post Posted: 13/June/2012 at 11:03
Material that is protected by copyright will be protected in this country regardless of its origin or place of creation. So if you can download shows like House free of charge and the site does not have a licence to distribute such material, then your actions will be unlawful.

 

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  Quote motorola Quote  Post ReplyReply Direct Link To This Post Posted: 13/June/2012 at 11:10
I think it's safe to say that the owner of the site bought no such rights to redistribute since it's mostly the members who upload these TV shows, the purpose is said to be sharing among members. So in the end, it depends on the Indonesian law whether it's legal or not? in that case, everything is legal here in Indonesia, if you know what I mean.

 

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  Quote NotGuilty Quote  Post ReplyReply Direct Link To This Post Posted: 13/June/2012 at 11:34
It is subject to Indonesian and Australian law. The actions of a person downloading copyright material here, regardless of its point of origin, will be subject to Australian law.

 

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motorola View Drop Down
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  Quote motorola Quote  Post ReplyReply Direct Link To This Post Posted: 13/June/2012 at 13:36
Australian law? perhaps you meant US laws, since the TV shows being downloaded are from USA. But okay, let's say Australian TV shows like Sea Patrol or Rush are also being downloaded.
okay, lets say Australian law views this as a violation while Indonesian law says no problem, and the person in question is located in Indonesia and an Indonesian citizen, that would mean the person in question is immune to any kind of prosecution right? I don't know if Indonesia and Australia have established extradition agreement, but then again, this is a minor offense right? unlike drug violation or murder of some sort. So I doubt that both governments would waste time prosecuting this matter.

Edited by motorola - 13/June/2012 at 13:39

 

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MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 13/June/2012 at 13:55
Your problem will be with the copyright owners, they do not like people pinching their property, read the story of one woman who did this, and in her case it was just music.

For details click here. If the members of your group have plenty of money perhaps they should start putting some aside, because it is possible that someone will come after them at some stage.

In her case she was the one doing the downloading not doing the sharing.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

 

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motorola View Drop Down
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  Quote motorola Quote  Post ReplyReply Direct Link To This Post Posted: 13/June/2012 at 17:12
actually I have a colleague currently residing in UK who wishes to write a book. She wants to publish the e-book version of said book. I strongly advised her against that because e-book is so easy to pirate, not to mention the target of this book is mostly Indonesian since the book is in Indonesian. That's why I'm asking if there's an international law where the downloader can be prosecuted even when the local law of the country the downloader lives in says it's okay to download copyrighted material for personal use. basically, the question is : can my friend who's already a UK citizen (automatically renounced Indonesian citizen since Indonesia doesn't allow multiple citizenship) prosecute any Indonesian downloader when Indonesian law says it's okay to download copyrighted materials for personal use?

 

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  Quote NotGuilty Quote  Post ReplyReply Direct Link To This Post Posted: 13/June/2012 at 21:38
Originally posted by motorola

Australian law? perhaps you meant US laws ...

Yes I meant Australian law and not US law.

Extradition could occur if there are criminal breaches of the Copyright Act but the offences generally apply if there is a commercial element to the infringement. If you download a few movies for personal use you are not committing a criminal offence but you are still civilly liable and could be sued.

Downloading copyright material to your hard drive is within Australian jurisdiction. It does not matter where in the world it came from. If the material came from the US, take the example of House, and was downloaded from Indonesia, the owner of the material could sue in an Australian federal court for copyright infringement.

Australia and Indonesia do have an extradition treaty and copyright offences could be included if Indonesia has comparable laws, which I don't know.

Originally posted by motorola

But okay, let's say Australian TV shows like Sea Patrol or Rush are also being downloaded.
okay, lets say Australian law views this as a violation while Indonesian law says no problem, and the person in question is located in Indonesia and an Indonesian citizen, that would mean the person in question is immune to any kind of prosecution right?

On the above facts, yes they would be immune.

Originally posted by motorola

That's why I'm asking if there's an international law where the downloader can be prosecuted even when the local law of the country the downloader lives in says it's okay to download copyrighted material for personal use ... can my friend who's already a UK citizen (automatically renounced Indonesian citizen since Indonesia doesn't allow multiple citizenship) prosecute any Indonesian downloader when Indonesian law says it's okay to download copyrighted materials for personal use?

No. There are international treaties relating to copyright but those treaties cannot be enforced if the country concerned has not incorporated the treaty into domestic law.


 

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motorola View Drop Down
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  Quote motorola Quote  Post ReplyReply Direct Link To This Post Posted: 14/June/2012 at 02:30
(sigh) so, to sum it up, it all comes down to whether the Indonesian government wants to enforce copyright laws into Indonesian local laws? Am I correct? if that's the case, well.... Thanks for the input

Just for additional info: this is the TOS of said file hosting
http://www.indowebster.com/page/TOS

Edited by motorola - 14/June/2012 at 03:05

 

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