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Downloads in the boundary between legality and piracy

This article was translated by an automatic translation system, and was therefore not reviewed by people.



The Campus Party, which ended ten days ago in Sao Paulo, a gaping urgent reality: the new habits of consumption of culture, knowledge and entertainment do not fall more in the legislation of anti-piracy and copyright in force in Brazil and worldwide.
What 4 thousand people have made for a week with an Internet connection of 10 gigabits per second? The answer is obvious: exchange digital files of many different kinds - music, films, series and games, among others - both "low" or "up" content in large quantity. And much of this content is in accordance with current laws, illegal.

It means that the participants of the event deserve to be punished? None of this: if you read this report, which will probably, like almost everyone, it is pirated.

At a time when, according to the International Federation of the Phonographic Industry (IFPI), 95% of music downloads from the Internet is illegal and technology allows you to copy, up, download and share files over the network, the laws remain the same 20th century : to access a disk, film or book you need to buy a copy. If you copy or have access without paying, it is criminal.

According to a survey by comScore, 46% of Brazilians access the Internet YouTube. According to the law, access to illegal content, if only to watch, is crime. Then, only on YouTube, many Brazilian potential pirates. Who up protected content to the site can take up to four years imprisonment.

You have an mp3 player or a cell phone that plays music? Where were the songs that are there? If it was the type of programs torrent or P2P (file sharing software that allows the Internet), certainly are pirates. But I knew that scan a CD that you purchased can also be understood as a crime?

According to the Ibope / NetRatings, the illegal downloads were made for 38% of Brazilian Internet users a year ago. Today we are 46%. A search of the RJ-Fecomércio indicates that only 5% of the population do not use piracy for fear of being punished.

All this is already an emerging debate: when the majority is against the law, who is the mistake: the people or the law? "There is a mismatch between what people do and what the law provides," said Lawrence Lessig, creator of Creative Commons.

In virtually all the world the law is outdated, but in Brazil the law of copyright, 1998, is particularly rigid. Provides, for example, that the private copying of material between electronic devices is piracy.

Nor is the case of pointing the finger for Justice and legal means or the holders of copyright, whether artists or the industry of culture and entertainment. After all, they need to defend their rights, and therefore call for professionals in tune with the law in force.

"Piracy is never good, even as a response to a business model format and price that is in check. We can not defend a law that excludes the copyright, "says the lawyer Luiz Henrique Souza, specialist in digital rights. The legal advisor of the Brazilian Association of Producers of Discs (ABPD), João Carlos Muller, is more emphatic: "The P2P networks are the disgrace of copyright."



Source: State Agency

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This article was translated by an automatic translation system, and was therefore not reviewed by people.

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