Who out there has heard of the Kazaa? If you had internet in the 2000s, you certainly know– and you downloaded a lot of video and your computer was infected by many viruses that came with the files. If you don’t know him, see his story and what his relevance was for a whole generation. But as with Napster, it has always been the target of many legal disputes involving the rights of authors and record companies and holders of economic rights to these works. It was possible to download everything. From simple .txt documents to complete films and discographies.
Currently, The Pirates Bay, Kickass, RARBG, EZTV, Superfix and many others do the same thing through Bittorrents networks and files, or simply torrents. Occasionally, these networks are knocked down, but they go back to running after some technical changes.
What many people do not want to understand (or understand, but do not respect) is that movies and other programs are property protected by copyright law, according to item VI of article 7, so these assets can only be used, transferred, transferred and placed on the market with the permission of whoever holds the economic rights to these films, pursuant to article 28 and items IX and X of article 29 of the same law. All works have two rights, the copyright being the right that the creator of that work has to say that he is its “inventor”, and the related one, which is the right to distribute and profit from that work.
For those who download this material, these networks give a false sense that everything you are doing is anonymous, and that no one will be able to find you and charge you for downloading these movies, but these networks are open sharing networks and various tools track whoever download files.
A very simple way to find out who is downloading these files is to make them available to be downloaded, wait to see who will download them and find out the IP of the connection.
In possession of the IP, ask for an order for a judge to determine that the operator using that IP block identify who was the user that day, and at that time UTC used that IP, and go up and collect compensation for the downloads. Easier than taking candy from a child’s mouth.
Did you know this one? Most have no idea. Can you try to hide the IP? Yes, through the use of Virtual Private Network (VPN) tools, or virtual private network, which encrypt traffic and mask the IP. Many browsers and programs do this and it’s nothing new, but I don’t recommend you do it. By the way, I don’t think it’s ethical and if you do, it’s like Silvio Santos says: at your own risk.
To get an idea of how countries have been trying to stop this type of activity, Operation 404 was launched in Brazil, which blocked more than 334 websites and more than 90 streaming applications around the 10th of July this year. Brazil is the third country that consumes the most piracy in the world, only behind the US and Russia.
According to article 13 of the Marco Civil da Internet – law 12.965/14, these IP data must be stored for a minimum period of 1 year, but this obligation still depends on regulation, however, most companies already store this data to escape sanctions if they were unable to provide this information.
But what if I download a movie, can I get arrested?
should, but not! You cannot be arrested here in Brazil because there is no definition that it is a crime to download videos or files that are protected by copyright law if there is no intention of profiting from it. Just “entertainment”.
A fact that gained notoriety and that few remember, was in 2005, when the then president Lula bought and watched a pirated DVD of the movie two sons of francisco while returning from Russia on the presidential plane. What happened to him? Nothing. Not because he was president, but because buying and watching is not a crime. It’s unethical, it’s objectionable, but it’s not illegal.
I’ve already written in another article about fake news, that for a conduct to be classified as a crime, it must be expressly typified as a crime in the law, according to article 1 of the Penal Code and item XXXIX of article 5 of the Federal Constitution, and you don’t you will find in none of the Brazilian laws anything saying that downloading videos is a crime.
Criminal Law does not allow, under any circumstances, to make a comparison with another crime, that is, in the absence of a crime, we cannot use another existing crime so that that attitude can be criminalized by similarity. Either it is, or it isn’t. There’s no such thing as being similar.
But in addition to not having anything to say that this conduct is a crime, the Brazilian Penal Code, in paragraph 4 of article 184, makes it clear that downloading this type of file is not a crime as long as it is a single copy and when the user downloads and he does not intend to profit nothing from it, directly or indirectly. Directly would download for resale. Indirectly, it would be downloading and putting it on the television in a bar, for example, as the film would be shown as a way of entertaining customers.
§ 4 The provisions of §§ 1, 2 and 3 do not apply when dealing with an exception or limitation to copyright or related rights, in accordance with the provisions of Law No. 9,610, of February 19, 1998 , nor the copy of an intellectual work or phonogram, in a single copy, for the private use of the copyist, without the intention of direct or indirect profit.
The law says that you have to intend to profit from this activity, but it doesn’t have to be directly with money. Profit can be understood in several ways, such as gifts, receiving virtual coins, NFT and other products that may have an economic representation.
If it’s not a crime, then nothing happens? Is everything okay? No! It doesn’t stay and then it’s even worse than seeing the sun rise squarely. Move your pocket!
Anyone caught doing this will have to pay hefty fines, in addition to losing any copies they’ve made, and any equipment they’ve used.
High fines because copyright law in Article 102 provides that anyone who fraudulently uses a protected work, such as a film, will be required to indemnify the damage. However, the damage is not just the amount that would be paid for a film copy. It is always increased with a fine to coerce this attitude to continue. The value can reach up to 3,000 times the value of the work, that is, if a film was being sold for R$20, whoever downloaded it could be sentenced to pay a value of up to R$60,000. All because of a movie that costs R$ 20! Is it worth the risk? I think not.
Courts have applied a fine of 10 times the value of that file/film, understanding that this amount is reasonable to repair the damage and fines the person in order to make him think before doing it again.
As these values can be high, and since many people do not have the money to pay (or do, but they don’t care), they don’t care and continue to lead a life as if nothing had happened, but when they are processed, the bill it arrives with interest and monetary correction, and the costs increase because it may be necessary to consult a lawyer, prepare a defense, expertise etc, and the values increase significantly.
But what about who makes it available for sale or wants to make money from it? What happens? The story is different. There it is a crime and this crime is provided for in article 184 of the Penal Code, depending on the type of conduct that the person has, with a penalty ranging from 3 months of detention to 4 years and imprisonment and fine. The difference between detention and imprisonment is that the first sentence must be served in an open or semi-open regime, and the second can start in a closed regime, that is, in sugarcane.
Besides, of course, there are the highest fines, and also the loss of all the equipment used to make these files available, but that’s for a next article, who knows.