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Is it illegal to download things that aren't meant to be downloaded? (lemmy.dbzer0.com)

submitted 1 month ago* (last edited 1 month ago) by [email protected] to c/[email protected]

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Quite frequently I come across scanned books that are viewable for free online. For example, the publisher put them there (such as preview chapters), a library (old books from their collection that are in public domain), etc. Since I like hoarding data, and the online viewers that are used to present the book to me might not be very practical, I frequently try to download the books one way or another. This requires toying with the "inspect element" tool and various other methods of getting the images/PDF. Now, all that I access is what is, well, accessible; I don't hack into the servers or something. But - the stuff is meant to be hidden from the normal user. Does that act of hiding the material, no matter how primitive and easily circumvented, mean that I'm not allowed to access it at all?

I suppose ripping a public domain book is no big deal, but would books under copyright fare differently?

Mainly I'm asking out of curiosity, I don't expect the police to come visit me for ripping a 16th century dictionary.

Note: I live in EU, but I'd be curious to hear how this is treated elsewhere too.

Edit: I also remembered a funny trick I noticed on one site - it allows viewing PDFs on their website, but not downloading, unless you pay for the PDF. But when you load the page, even without paying, the PDF is already downloaded onto your computer and can be found in the browser cache. Is it legal to simply save the file that is already on your computer?

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[–] [email protected] 3 points 1 month ago (1 children)

Terms and conditions are NOT copyright law. They are a separate agreement that is the companies "wishlist" of things they want the consumer to agree too. It's common for them to spell out terms in direct conflict with copyright law.

The reason that an iTunes video purchase is encrypted is because it is illegal to break the encryption in order to make a copy (DMCA). However capturing the playback and transforming it to another medium is for personal use is fair-use.

There is also no time limit to how long a person can save the copy for. As long as they had legal access to the content at the time of making the copy. For example say I recorded a football game from a streaming service. I can save that copy for personal use for the rest of my life even though I purchased a one time only streaming.

[–] [email protected] 0 points 1 month ago

Sure. Regardless, their terms and conditions should give you some idea of how they're using technology to permit and/or restrict access.

The reason that an iTunes video purchase is ~~encrypted~~ illegal to copy is because it is illegal to break the encryption in order to make a copy

FTFY

I don't think content providers are encrypting things because it's illegal to decrypt things. They're encrypting things because the content producers (movie studios) want to ensure that (1) they're getting paid for the content, (1B) it's not given away for free and, (2) they're in business to make money.

To my knowledge, there are no laws about making copies. Breaking encryption is illegal because the encryption itself is protected under law. Selling copies is illegal. Playing copies of something for which you are not permitted or do not legally own a license to watch is illegal. So, if you make a copy of a cassette tape, legal; profiting from that copy, illegal.

Some items have time limits - such as renting a movie from iTunes or Amazon or borrowing a book from a physical or digital library. You are entering a contract with the provider where they grant you temporary access to something. If you were to make a copy of something you were given temporary access to, you are breaking the contract.

I don't know what the agreement is for football organizations or your content provider. If you're breaking broadcast or HDMI encryption to record a stream, that's illegal. If you're somehow bypassing encryption, that is probably legal. I do know that it's illegal to re-broadcast the content in public and to resell that program. There are also some fair use rules (in the US) which permit limited use for commentary and education purposes.