if i put a web site where a game can be downloaded, is that consider distribution of copyrighted material

i joined a forum that was asking for a torrunt to be posted where a game could be downloaded. so i posted the website and someone replied back that, that was distribution of coprighted material. is that true?
Answer this question Add to list

Answers (3)

Ronald K. Phillips

Ronald K. Phillips

Contributor Level 5
Under the circumstances, you may be liable for contributory infringement.

I'm assuming that the website address that you provided was not the address of the game publisher but rather pointed to a bittorrent stream where a pirated copy could be had. If that's the case, then you could be liable for contributory infringement on the copyright of the game (since what you've done is essentially aiding and inducing others to illegally copy it).

Contributory copyright infringement occurs when someone, with knowlege of the infringing activity, causes or materially contributes to infringement. Here, it seems that both of those elements are there, and I'd strongly caution you not to make these kind of posts.
0 0
Pamela Koslyn

Pamela Koslyn

Contributor Level 10
I agree with my colleague and think that you may have rather carelessly committed contributory copyright infringement.

According to the Standford Center for Internet & Society:

"Posting access codes from authorized copies of software, serial numbers, or other tools to assist in accessing such software may subject you to liability. Providing a forum for uploading and downloading any copyrighted file or cracker utility may also be contributory infringement. Even though you may not actually make software directly available on your site, providing assistance (or supporting a forum in which others may provide assistance) in locating unauthorized copies of software, links to download sites, server space, or support for sites that do the above may contributorily infringe."

These types of claims have usually beeen brought against webmasters or service providers, but there doesn't seem to be any reason, besides your presumably relative lack of resources, why this charge couldn't be made against you.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
0 0
Kaiser Wahab

Kaiser Wahab Avvo Pro

Contributor Level 6
Generally speaking, the occasional, infrequent posting of torrent links to consle game ISO's, for example, will not result in a cease and desist letter as a practical matter. However, it is, as a legal matter, a form of contributory copyright infringement. If you do it often enough, you might get yourself on the wrong side of the law (e.g., the Pirate Bay, though Swedish is an example of one extreme). My strong suggestion is that you don't provide that kind of information on the Internet again, for moral and legal reaons.

Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client relationship.
1 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.