Legal Question in Technology Law in Oregon
Password Protected server for Illegal File Sharing
I am curious because I have read about a few of these servers that have been running for a few years so far.
These servers contain files that have been directly ripped off of copyright software and game CD's/DVD's.
The server allows password-protected FTP access for users to download these files.
There are a few websites that explain exactly how to get these files with the username+password to the system.
-The people who download and now have the files on their computer is illegal, correct?
-And, my main question is: Are these servers illegal?
(wondering because of the password protection)
1 Answer from Attorneys
Re: Password Protected server for Illegal File Sharing
Most music recordings are copyrighted, though some are in the public domain. A small number of copyrighted songs are available free because the copyright owners have decided to give them away. Most of what is on these servers, though, is not freely available. Those who download it are breaking the law.
Whether the owners of the servers are acting illegally depends upon what they know about the file sharing system. Most of these servers probably belong to the person or entity who runs the file sharing business, but in some cases the owner simply makes his servers available for a fee and does not keep tabs of what his customers do with their access. The operators of the file sharing system are almost surely breaking the law, but it's possible that the owners of the servers are not.
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