CrysisMcGee said:
1. Is it ok to download a film for your personal use after seeing it in theaters?
No, this is copyright theft.
Unless you own the film or have rights to it or are purchasing it as a legal download from the owner you are not legally entitled to download a film.
2. Is it ok to download a game you lost? Or a game you traded?
This is a two part question.
Downloading a game you traded is copyright theft. Trading a game in has no relevance to any of your ownership rights. Assuming the 'trade' was legal you gave up your rights to use the material. This could even be seen as being worse by a court as you sought to profit by selling a copy and then 'steal' it back.
If you have lost a game then you do not have the right to download a copy, this would be copyright theft.
However, you do have some other options based on the EULA of the game. For example, accidentally deleting a game you got through digital download does not necessarily mean you have to pay for another copy. It all depends on the agreement with the content provider.
Typically you purchase the right to use the material, you don't own it. On that note you could argue that the content delivery system(Disc) is irrelevant and you had an agreement to use the software which provide no time restrictions or end date or use. Following this logic, if you have a receipt for the original you could contact the owner of the game, assuming they still have the relevant content, and ask them to provide you with another copy. You would likely need to reimburse them for the production costs.
Is there any legal ground to this? Unlikely, certainly none that I know of. I don't think any court would accept your claim. The amount of money spent arguing would be more than simply buying another copy online.
If you have valid insurance that covers loss you could claim for the product if it is still available for purchase or perhaps some form of reimbursement.
3. Is it ever actually illegal to download a T.V. show, since you never paid for it in the first place? Yes I know sport shows have a disclaimer....which everybody ignores.
It is always illegal to download a T.V. show unless it has been made available through legal mean that you have pursued.
The broadcaster typically pays for the show using advertising revenue. You normally pay for the shows through a subscription which helps the broadcasters operate.
If you download the show and more and more people see it then it loses its value. Broadcasters may not be willing to pay for a certain show and hence you are depriving them of business opportunities. Also, the broadcasters suffer because the advertisers may pay less for a slot if they are not convinced that they are reaching a certain audience size.
No, people do not ignore sport show disclaimers, the majority of people abide by them.
4. What about music that your friend gave to you on a mix cd, that you lost?
This is copyright theft. Your friend never had the right to produce and distribute the songs on the mix-tape. Losing this mix tape is irrelevant, you never owned the content in the first place and have no claim to a reproductions of it.
Losing music does not entitle you download it illegally. Again if it's digital you may be able to re-download already purchased tracks from the provider depending on your agreement with them.
5. Is it ok for you to copy all the music your friend has, and vice versa? Of course it is. The real question is when is it considered illegal?
This is always considered illegal; it's copyright theft. You could expect an almost limitless fine and even a custodial sentence. I think the average penalty is around $50,000 per infringement (that's each track).
6.When films come out on DVD, is there any reason not to copy your rental DVD?
Yes, it's copyright theft. It would also be a breach of the terms with the rental copany who likely state that copying is not permitted.
Quite simply, you haven't paid for the content to keep indefinitely, you only paid for the rental period agreed. If you want to keep it for longer you must rent it for that period or buy a copy when it is available.
Copying a DVD you have rented means that you are not buying it at retail and sharing it could stop even more people buying it. While you may choose not to buy it at retail prices you might make it available to someone who otherwise would. You are essentially limiting that amount of revenue that may be made from the film.
EDIT: Do note that copying a VHS tape of a movie is entirely legal.
This is not true in all circumstances; it's also legal to make a single 'backup' of a movie you have legally purchased unless you circumvent the copy protection.
You cannot share this backup though. You also cannot sell/give away the original and keep the backup, you would have to destroy it. Copying a movie in its entirety in any form without permission form the content owner is illegal irrespective of the method used. It's copyright theft.
I find it odd that you are so misinformed of copyright theft. It almost seems like this is some kind of test of 'our' knowledge on the subject.
