Hello and respect to forum leaders,
I am quite new to this and I have a few questions.
1)Who are at greater risk of getting caught while torrenting? Uploaders or Downloaders?
2)Which uploaded or downloaded material is at higher risk of being monitored in a view to prosecute the individual? Movies or games or songs or softwares? What is the punishment for each case.
3)Usually how long does it take to catch a person uploading or downloading a torrent? days, months or years?
4)If a person is not seeding a torrent he downloaded or uploaded, is it possible for the person to still get caught?
5)If someone uploads or downloads a copyrighted material of a developer from a far away foreign country, what are the chances of him/her getting caught?
6)When is a person's IP address tracked? Downloading, seeding or through websites like TPB where he/she uploaded a torrent?
7)If someone includes his/her email address in the torrent he/she uploaded (not on the website but inside the torrent file), is it possible to track the email account to the persons's physical location? What if the person deletes the email address?
8)Does ISP easily handle the owner details to the copyright notice when IP is traced?
9)How practical is it to prosecute someone pirating a software of a developer residing in the same country? Or if the pirate is located in a far away foreign country?
10)I usually hear people getting caught for downloading and uploading movies and songs?Aren't the users who upload softwares of small developers caught?
Thank you. Any reply would be appreciated!
(Jul 29, 2014, 23:09 pm)RickNJ Wrote: 1)Who are at greater risk of getting caught while torrenting? Uploaders or Downloaders?
as a rule of thumb, a copyright holder will want to go after the uploader as a way to set an example; in the past, copyright holders focused on the downloaders. some copyright holders (such as malibu media) still focus on the downloaders as a form of extortion.
(Jul 29, 2014, 23:09 pm)RickNJ Wrote: 2)Which uploaded or downloaded material is at higher risk of being monitored in a view to prosecute the individual? Movies or games or songs or softwares? What is the punishment for each case.
more popular content is often watched more.
punishment (if any) varies depending on where you live and what content is in question.
(Jul 29, 2014, 23:09 pm)RickNJ Wrote: 3)Usually how long does it take to catch a person uploading or downloading a torrent? days, months or years?
i've been uploading and downloading content with torrents for the better part of seven years and have been uploading and downloading content in one shape or form since 1997... never had an issue.
(Jul 29, 2014, 23:09 pm)RickNJ Wrote: 4)If a person is not seeding a torrent he downloaded or uploaded, is it possible for the person to still get caught?
yes and no. you can't be caught for something that you aren't doing, but you can be caught for something that you did if there is proof.
[quote='RickNJ' pid='67258' dateline='1406689760']
5)If someone uploads or downloads a copyrighted material of a developer from a far away foreign country, what are the chances of him/her getting caught?
that depends on how much money the developer has and if any laws apply in both jurisdictions due to international treaties.
(Jul 29, 2014, 23:09 pm)RickNJ Wrote: 6)When is a person's IP address tracked? Downloading, seeding or through websites like TPB where he/she uploaded a torrent?
the tpb does not track the ip addresses of individuals in swarms.
when a swarm is being tracked, what happens is that someone joins that swarm and keeps track of the ip addresses that are trading parts of the torrented content.
(Jul 29, 2014, 23:09 pm)RickNJ Wrote: 7)If someone includes his/her email address in the torrent he/she uploaded (not on the website but inside the torrent file), is it possible to track the email account to the persons's physical location? What if the person deletes the email address?
do not include an email address in anything you upload. this is a stupid idea for several reasons.
(Jul 29, 2014, 23:09 pm)RickNJ Wrote: 8)Does ISP easily handle the owner details to the copyright notice when IP is traced?
there is a legal process involved with the isp handing over subscriber information. traditionally, the isp will forward a letter to you from a copyright holder.
it is perfectly acceptable to ignore such letters. in fact, i recommend that you ignore such letters.
(Jul 29, 2014, 23:09 pm)RickNJ Wrote: 9)How practical is it to prosecute someone pirating a software of a developer residing in the same country? Or if the pirate is located in a far away foreign country?
it's not practical.
(Jul 29, 2014, 23:09 pm)RickNJ Wrote: 10)I usually hear people getting caught for downloading and uploading movies and songs?Aren't the users who upload softwares of small developers caught?
no. usually, smaller developers don't have enough capital to waste on expensive companies to not produce results.
you should search this forum for more in-depth answers to your questions. these have all been asked before in one way or another.
welcome to the forum and good luck with whatever study you are working on.
(Jul 29, 2014, 23:09 pm)RickNJ Wrote: 7)If someone includes his/her email address in the torrent he/she uploaded (not on the website but inside the torrent file), is it possible to track the email account to the persons's physical location? What if the person deletes the email address?
Stormiun - do not include an email address in anything you upload. this is a stupid idea for several reasons. Can you please elaborate a little more? Can a rarely used, deleted email account still be traced to physical location?
And thanks a lot for your reply, that was quite knowledgeable.
(Jul 30, 2014, 02:02 am)Guest Wrote: Can you please elaborate a little more? Can a rarely used, deleted email account still be traced to physical location?
this depends entirely on several unknown variables.
for example, if the email account in question was a gmail account and you were not using a proxy, then google can determine where what ip address you used to log in. after that is determined, the isp to which the ip address is registered can hand over subscriber information.
the information used to connect you to the internet is the same information that can be used to track you down.
so first, you have to determine what a 'deleted email account' really is... you can find more information about that in the service provider's terms of service.
(Jul 30, 2014, 02:02 am)Guest Wrote: (Jul 29, 2014, 23:09 pm)RickNJ Wrote: 7)If someone includes his/her email address in the torrent he/she uploaded (not on the website but inside the torrent file), is it possible to track the email account to the persons's physical location? What if the person deletes the email address?
Stormiun - do not include an email address in anything you upload. this is a stupid idea for several reasons. Can you please elaborate a little more? Can a rarely used, deleted email account still be traced to physical location?
And thanks a lot for your reply, that was quite knowledgeable.
It's RickNJ only, forgot to type the username Also you said it is not practical for someone to get caught, in what sense btw?
It's RickNJ only, forgot to type the username
(Jul 29, 2014, 23:09 pm)RickNJ Wrote: 9)How practical is it to prosecute someone pirating a software of a developer residing in the same country? Or if the pirate is located in a far away foreign country?
(Jul 30, 2014, 01:00 am)stormium Wrote: it's not practical.
(Jul 30, 2014, 02:22 am)RickNJ Wrote: Also you said it is not practical for someone to get caught, in what sense btw?
first, the investigation into who's who is a lengthy one and an expensive one. you have to be able to prove that a person infringed on your copyright. a federal circuit court in the united states has already ruled that an ip address is not a person.
that means a search warrant has to be issued in order to find proof. that's difficult... in an international issue of copyright infringement, it's even more complicated which is why they often hire law firms where the suspected infringer lives to represent their interests because it's easier for them to take action.
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this is a very complicated question. if you search the forum for you answers or at least read the rest of the threads in the general discussion forum, you will get a better answer than i could ever provide... and they all come with less sarcasm.
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in the end, the copyright holder has to look at this from one of two perspectives: one of financial benefit and one of a sense of moral authority.
financial benefits would only pay off if the person they are going after has money in which case the requested amount of compensation and, or damages will be in the hundreds of thousands if not millions... which is insane in itself because pirating software/movies/music/furry porn does not cause any financial damage to copyright holders.
the moral authority angle only pays off if the copyright holder is a dick... in which case they are not after money; they are after attention, whatever the particular needs of their personality disorder are or whatever unholy spirit that might be possessing their soul requests as a mortal sacrifice.
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