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how is this legal??

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nickman98 View Drop Down
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    Posted: 05 December 2009 at 8:55am
so my girlfriend found mp3panda.com and signed up agaisnt my wishes as i thought it was a complete scam and or a huge malware filled monster site...but after she used it for a bit there seems to be nothing wrong with either of our comps and were enjoying the music. so i know its based out of russia and i know theres no way paying 50 cents for a whole album download can be legal, but i now own a whole lotta stuff i wouldt have otherwise. but how is this legal and when will the feds bust into our apartment.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote DzXs Quote  Post ReplyReply Direct Link To This Post Posted: 05 December 2009 at 10:07am
if its out of russia they cant do anyhting..and your bieng paranoid
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Post Options Post Options   Thanks (0) Thanks(0)   Quote The FBI Quote  Post ReplyReply Direct Link To This Post Posted: 05 December 2009 at 10:24am
Originally posted by nickman98 nickman98 wrote:

when will the feds bust into our apartment.


Monday morning.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote brihard Quote  Post ReplyReply Direct Link To This Post Posted: 05 December 2009 at 10:51am
Originally posted by The FBI The FBI wrote:

Originally posted by nickman98 nickman98 wrote:

when will the feds bust into our apartment.


Monday morning.

LOL


Yeah, it definitely isn't legal. Use the normal rule of thumb; if it seems too good to be true, it is.

I'd be running a lot of security checks on your computer. They sure as hell aren't making much cash through music, so what else are they doing to make coin?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Eville Quote  Post ReplyReply Direct Link To This Post Posted: 05 December 2009 at 12:07pm
I would be more worried about my credit card.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote __sneaky__ Quote  Post ReplyReply Direct Link To This Post Posted: 05 December 2009 at 1:07pm
Originally posted by The FBI The FBI wrote:

Originally posted by nickman98 nickman98 wrote:

when will the feds bust into our apartment.


Monday morning.
LOL! dammit Mack...
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Rofl_Mao Quote  Post ReplyReply Direct Link To This Post Posted: 05 December 2009 at 1:10pm
I luld.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote procarbinefreak Quote  Post ReplyReply Direct Link To This Post Posted: 05 December 2009 at 1:26pm
my brother used some site like that with no problems.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Uncle Rudder Quote  Post ReplyReply Direct Link To This Post Posted: 05 December 2009 at 1:57pm
I heard about that website in one of my classes a few months back, and went to check it out for myself.  I too could not see how it could be legal, so I concluded that I was more than likely downloading stolen music and never ended up downloading anything. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote jmac3 Quote  Post ReplyReply Direct Link To This Post Posted: 05 December 2009 at 2:36pm
How do you download stolen music?
Que pasa?


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Post Options Post Options   Thanks (0) Thanks(0)   Quote choopie911 Quote  Post ReplyReply Direct Link To This Post Posted: 05 December 2009 at 2:36pm
Originally posted by brihard brihard wrote:


Originally posted by The FBI The FBI wrote:


Originally posted by nickman98 nickman98 wrote:

when will the feds bust into our apartment.
Monday morning.

LOL
Yeah, it definitely isn't legal. Use the normal rule of thumb; if it seems too good to be true, it is.
I'd be running a lot of security checks on your computer. They sure as hell aren't making much cash through music, so what else are they doing to make coin?


Eh, not always true. In Canada it's legal to download music still, and that's almost too good to be true :P
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mehs Quote  Post ReplyReply Direct Link To This Post Posted: 05 December 2009 at 2:57pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote brihard Quote  Post ReplyReply Direct Link To This Post Posted: 05 December 2009 at 3:13pm
Originally posted by Mehs Mehs wrote:

http://www.mp3panda.com/publish/legal-info/

Yeah, it's BS.

If you're paying 50 cents per albumn, guaranteed royalties aren't going to the copyright holders or the band.

It mights be legal in Russia, I don't know their laws, but it wouldn't be elgal in the U.S.

In Canada, it's not exactly 'legal' in all senses to download music, but it has been held that the liability for copyright infringement lay with the provider of the pirated media. The RCMP (federal police) don't go after downloaders because it would be a waste of resources.

Also of note, any blank recording media (e.g., blank CDs, DVDs) sold in Canada has a small extra charge levied on it that goes to the recording industry.

The applicable laws in Canada are still developing through legislation and court cases, but up til now courts have ruled on the side of individual privacy when recording companies have tried to sue ISPs to get identifying information on downloaders so they could file civil suit.

I'm not aware of a case in which a private downloader in Canad ahas been identified and sued by the recording industry. I imagine that such a suit could be successfully pressed. That said, there may be cases in this that I'm not aware of.

So yeah, of questionable legality in Canada, but noone's coming after downloaders.


"Abortion is not "choice" in America. It is forced and the democrats are behind it, with the goal of eugenics at its foundation."

-FreeEnterprise, 21 April 2011.

Yup, he actually said that.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote choopie911 Quote  Post ReplyReply Direct Link To This Post Posted: 05 December 2009 at 3:16pm
Originally posted by brihard brihard wrote:


Originally posted by Mehs Mehs wrote:

http://www.mp3panda.com/publish/legal-info/

Yeah, it's BS.
If you're paying 50 cents per albumn, guaranteed royalties aren't going to the copyright holders or the band.
It mights be legal in Russia, I don't know their laws, but it wouldn't be elgal in the U.S.
In Canada, it's not exactly 'legal' in all senses to download music, but it has been held that the liability for copyright infringement lay with the provider of the pirated media. The RCMP (federal police) don't go after downloaders because it would be a waste of resources.
Also of note, any blank recording media (e.g., blank CDs, DVDs) sold in Canada has a small extra charge levied on it that goes to the recording industry.
The applicable laws in Canada are still developing through legislation and court cases, but up til now courts have ruled on the side of individual privacy when recording companies have tried to sue ISPs to get identifying information on downloaders so they could file civil suit.
I'm not aware of a case in which a private downloader in Canad ahas been identified and sued by the recording industry. I imagine that such a suit could be successfully pressed. That said, there may be cases in this that I'm not aware of.
So yeah, of questionable legality in Canada, but noone's coming after downloaders.


It is legal to download bri, you even said so in your post. The law is that we can download, just not upload. That's where there are no cases against downloaders in Canada, because they're not breaking our laws. Just as you mentioned, the blank media levy has been going to the music industry for some time now.

Im sure it could change, but it's legal to download here, just dont upload.
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brihard View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote brihard Quote  Post ReplyReply Direct Link To This Post Posted: 05 December 2009 at 3:40pm
Originally posted by choopie911 choopie911 wrote:

Originally posted by brihard brihard wrote:


Originally posted by Mehs Mehs wrote:

http://www.mp3panda.com/publish/legal-info/

Yeah, it's BS.
If you're paying 50 cents per albumn, guaranteed royalties aren't going to the copyright holders or the band.
It mights be legal in Russia, I don't know their laws, but it wouldn't be elgal in the U.S.
In Canada, it's not exactly 'legal' in all senses to download music, but it has been held that the liability for copyright infringement lay with the provider of the pirated media. The RCMP (federal police) don't go after downloaders because it would be a waste of resources.
Also of note, any blank recording media (e.g., blank CDs, DVDs) sold in Canada has a small extra charge levied on it that goes to the recording industry.
The applicable laws in Canada are still developing through legislation and court cases, but up til now courts have ruled on the side of individual privacy when recording companies have tried to sue ISPs to get identifying information on downloaders so they could file civil suit.
I'm not aware of a case in which a private downloader in Canad ahas been identified and sued by the recording industry. I imagine that such a suit could be successfully pressed. That said, there may be cases in this that I'm not aware of.
So yeah, of questionable legality in Canada, but noone's coming after downloaders.


It is legal to download bri, you even said so in your post. The law is that we can download, just not upload. That's where there are no cases against downloaders in Canada, because they're not breaking our laws. Just as you mentioned, the blank media levy has been going to the music industry for some time now.

Im sure it could change, but it's legal to download here, just dont upload.

Whether downloading over the internet qualifies as 'private copying' under the Copyright Act exemption has yet to be tested in court, probably because the recording industry can't get identifying information on any specific downloader with which they can either prosecute a case or file suit (the latter being far more likely than a private prosecution).

That's why I used the term 'questionable'. In general, complete copying of a copyrighted work (a book, a movie, etc) is illegal. Songs can come under the 'private copying' exception if used only for personal use, but that's a law dating back to mix tapes and blank CDs- which are subject to a general levy given to the industry. The attempt to impose the 'blank media' levy on MP3 player memory was unsuccessful, so the private copying exception could not be applied based on a levy having already been made. There is not yet a court ruling specifically on the legality of downloading songs over the internet. Also, to my knowledge, whether an entire downloaded album (undoubtedly a 'copyrighted work') could be protected under the 'private copying' exception has not been tested yet.

You are right, strictly speaking, in the sense that something that has not yet been found specifically illegal in civil or criminal court is, de facto, legal. However, under current law, the possibility exists that such a determination may still be made because much of the law remains undefined. That's why I apply the term 'questionably'. Given that the laws are already in place, an ex post facto defense could not be made against a suit or charge for downloading music.

Had an individual gone to court specifically for downloaded music, and been found innocent or not liable, I would happily say it's legal. Or, if current law had been clearly enough defined to say with certainty that new law would have to be passed in order to pursue liability or a conviction, I would say the same. I just can't say either way with certainty.

Caveat: I am not a lawyer, and this is my non-legal opinion. Ben Grimm might be along shortly to slap me with an icepick.
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-FreeEnterprise, 21 April 2011.

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