The rise of file sharing sites over the last decade, including Napster, Kazaa, and more recently, torrent sites like The Pirate Bay, have pushed media-hungry Americans into the risky territory of illegal downloads.
While the instant gratification of watching the latest Game of Thrones episode for free may be appealing if you cannot afford the cost of HBO’s premium price tag, the legal and financial dangers of participating in illegal downloading or sharing can easily negate any savings.
Saving Money Through Illegal File Sharing Sites
Early renditions of illegal file sharing sites, like Napster, ran into copyright infringement issues and caused them to be shut down, but that hasn’t stopped a new generation of illegal file sharing sites to crop up. According to the U.S. Copyright Office, peer-to-peer (P2P) file sharing websites are described as “applications in which users can use the Internet to exchange files with each other directly or through a mediating server.”
Depending on the item(s) being shared, a moderate-to-heavy downloader has the potential to save a few hundred dollars to a few thousand dollars a year, using torrent P2P sites like The Pirate Bay — especially when considering costs for software programs like Adobe Photoshop CS6 are at $700, an HBO subscription is up to an extra $50 per month depending on your subscriber, and a full album on iTunes costs approximately $10.
While file sharing in itself isn’t illegal, the sharing of copyrighted material — like the most downloaded TV show in 2012, Game of Thrones – is. Common copyrighted types of files spread across file-sharing platforms include music, episodes of television shows, blockbuster hits (and summer flops), in addition to video games, ebooks and computer software.
What Is Copyright?
The U.S. Copyright Office defines copyright as “a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.”
Ultimately, the “right to copy” is reserved to the creator so that the artist or entity that owns the property (i.e. song, album, show, software, etc.) can profit from it. In order to preserve this right, the U.S. government imposes heavy fines for those who are proven liable for copyright infringement, and possibly even time behind bars.
Internet Piracy Laws Hammer Down on Users
As copyright holders continue to stomp out illegal file sharing sites, more are turning to internet watchdogs to uncover file sharing users. Some employ for-hire monitoring services or ask your internet service provider (ISP) to report any unusual downloading activities under your account, based on any prolonged and excessive bandwidth use you’ve exhibited.
“More and more law firms are forcing ISP’s to turn over the internet identities of file sharers and [are] going after them individually,” notes Arif A. Mahmood, international intellectual property and social media lawyer.
Mahmood adds, “I would strongly advise those who are active file sharers that the days of complete anonymity are ending and it is possible to be identified, or have your employer identified if you are active at work, and end up in a possibly embarrassing situation.”
According to Mahmood, if you’re found liable of copyright infringement, you may have to repay damages to the copyright owner, in addition to any profits you have earned from the illegal downloads (e.g. if you downloaded the material and sold copies). Also, you may be risking your bank account to the tune of $750- $30,000 in statutory damages.
“If the infringement is ‘willful,’ the statutory fines can cost as much as $150,000,” continues Mahmood.
Illegal Downloads: Are the Extra Savings Worth It?
There are many varying points of view when it comes to the ethical standpoint of illegal downloads, but ultimately much of the conversation falls on money. When GoBankingRates surveyed the public regarding their thoughts on The Pirate Bay and other illegal file sharing sites, the responses were at extremes.
The Case Against Illegal Downloads
Juan María Solare, pianist and composer explains why he’s opposed to P2P file sharing:
“As a composer and pianist myself, peer-to-peer file sharing websites like Pirate Bay mean the difference between eating a cheap sandwich or a real meal,” says Solare. “If somebody copies my music without paying me, I will maybe not starve, but my life standard would noticeably change — for worse.”
Solare continues, ”There is a known fallacy out there that states that the real thieves are the record companies, because they pay the artists — if at all — just a fraction of what they get paid … As an independent artist, I get at least 80% of the money that people pay. And I would dare say, 90% of today’s real world artists are independent, they don’t have a major label that backs them and they ‘do it themselves,’ therefore, if somebody copies my music, they are not ‘stealing the thief,’ they are stealing my money.”
In Favor of Free Downloads
At the opposite end of the debate is Dan Nainan, an actor and comedian that claims that he “loves” illegal downloading. “I’ve been downloading illegally since way back in the beginning with Napster. I see absolutely no problem with it, because it saves me money,” claims Nainan. “I don’t pay a dime for music, software, even books … I don’t see any disadvantages whatsoever. The only thing is, I only do it from other Wi-Fi networks, not my home network, because I don’t want to get shut down or arrested.”
“There is a saying amongst the technorati that ‘Information wants to be free.’ I’m a big believer in that. My YouTube video, which has been seen over 1.3 million times, allows people to watch my comedy for nothing, but I’ve gotten booked all over the U.S. and in 21 countries around the world because of that video, and I make my money from touring. It’s the Internet age — deal with it,” states the comedic entertainer.
No matter which side of the spectrum you’re more inclined to side with, keep in mind that the risks involved with illegal downloads from The Pirate Bay and other file sharing sites comes with a big price to pay if you’re targeted as an infringer.
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