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The uploader is the person creating the copy. Downloading is not creating a copy; downloading is receiving a copy.
I would love to see a citation on that UK precedent, but as you said: “thankfully this is only the case in the UK” and does not apply in the rest of the world.
Making any unauthorised copy is an infringement of copyright.
The exceptions to that are so numerous that the statement is closer to false than truth. “Fair Use” blows the absolute nature of that statement out of the water.
There has never been a successful prosecution for downloading only.
Every single transfer of data is a copy. There is no such thing as moving data. Only copying it and then voluntarily deleting the original, to fake it having “moved”
eh it gets fuzzy. the sender transmits, but the receiver also writes a copy. it gets copied to the wire, and it gets copied from the wire. there is an ephemeral intermediate copy “on the wire”. I guess there’s no right answer; it’s like a fractal, the answer keeps changing when you look deeper
eh it gets fuzzy. the sender transmits, but the receiver also writes a copy
Got a Ring doorbell? A security camera? If I walk up to your camera and start playing a copyrighted work, have you infringed on copyright? Of course not. The recording you saved now contains a copy of the work, but you were privileged in recording at the time.
That doesn’t change when you ask me to come “send” that work to your camera. You are free to ask for something that I am not obligated to provide. If I choose to provide it, I am the infringing party, not you.
Downloading is no different. You ask me to use a specific protocol to send a specific work to a specific port at a specific address. I can choose to do that, or I can tell you to pound sand. If I choose to send it, I am the infringing party, not you.
The specific processes applied by the computer to save and replay the work would not qualify as “copying” under copyright law. If they did, viewing any copyrighted work would be an infringement, as the computer uses those same processes to view legitimate copies as illegitimate.
The uploader is the person creating the copy. Downloading is not creating a copy; downloading is receiving a copy.
I would love to see a citation on that UK precedent, but as you said: “thankfully this is only the case in the UK” and does not apply in the rest of the world.
The exceptions to that are so numerous that the statement is closer to false than truth. “Fair Use” blows the absolute nature of that statement out of the water.
There has never been a successful prosecution for downloading only.
Every single transfer of data is a copy. There is no such thing as moving data. Only copying it and then voluntarily deleting the original, to fake it having “moved”
Every single transmission of data is a copy. Receiving data is not. The person creating the copy is the sender, not the receiver.
eh it gets fuzzy. the sender transmits, but the receiver also writes a copy. it gets copied to the wire, and it gets copied from the wire. there is an ephemeral intermediate copy “on the wire”. I guess there’s no right answer; it’s like a fractal, the answer keeps changing when you look deeper
Got a Ring doorbell? A security camera? If I walk up to your camera and start playing a copyrighted work, have you infringed on copyright? Of course not. The recording you saved now contains a copy of the work, but you were privileged in recording at the time.
That doesn’t change when you ask me to come “send” that work to your camera. You are free to ask for something that I am not obligated to provide. If I choose to provide it, I am the infringing party, not you.
Downloading is no different. You ask me to use a specific protocol to send a specific work to a specific port at a specific address. I can choose to do that, or I can tell you to pound sand. If I choose to send it, I am the infringing party, not you.
The specific processes applied by the computer to save and replay the work would not qualify as “copying” under copyright law. If they did, viewing any copyrighted work would be an infringement, as the computer uses those same processes to view legitimate copies as illegitimate.