Is the Government really cracking down on Downloading??

My personal advice is to watch where you download. I will never, ever download a hot torrent off of a major, public bittorrent tracker like piratebay, mininova, torrentspy, etc. I stick to private trackers and usenet.

Can you even get in trouble for downloading? Can't you claim it was going to be a digital copy of material you already own? Uploading seems to be what really gets people in trouble.

Jam it back in, in the dark.

Originally Posted by KrazyTaco

Downloading is infact legal. The problem comes when you use BT, since the very nature of BT is that while downloading you are simutaneously uploading the same material back up to others. Uploading is illegal.

Not necessarily. In many cases, yes, but in some cases you can just leech away without uploading to any peers.

Plus with all the copy protection they put on CDs and DVDs, one could claim that the only way to obtain a personal copy to which they are entitled was to download.

I heard that the best way to avoid getting in real trouble is to set up an open, insecure wireless network in your house. I read two articles claiming that people who said they had this were quickly dismissed. The bottom line is that they can track your IP but an IP only points to the person paying for the ISP, not the person on your computer or internet connection in general. Even if your network is secure you could just as easily claim it was hacked.

There's nowhere I can't reach.

Originally Posted by KrazyTaco

But then again if you don't upload to your peers, BitTorrent dies, that simple.

So? Not really your problem. Honestly if I go to download something and there are fifty seeds and next to no peers, I don't feel bad hitting-and-running. I feel no reason to seed that which is already adequately seeded, especially on a public tracker.

Originally Posted by KrazyTaco

The "Oh well copy protection sux" excuse won't work because... well you know... it's just not an argument. The judge would just say you could have decided not to legally/illegally obtain it if you didn't like copy protection.

I'm no expert on the law but last I checked you can download something you own if you treat it as a digital copy. It doesn't make any sense that you can legally own it but it's illegal to obtain it unless you make it for yourself.

Originally Posted by KrazyTaco

Finally, I think your last idea may float. One could claim some random guy logged onto your network and started downloading using it all withought you knowing. That's still risky though, if they put a warrant on your computer to further investigate your claims and they catch you trying to delete any files since the warrant was made, you'd be in trouble for obstruction of justice.

They would have to prove you, yourself, were downloading/uploading illegal files. Again, playing dumb seems to be key here. There's no way they could prove you downloaded the files yourself. They'd have to accuse you of allowing other people to download files illegally with you knowing they were downloading files illegally. I don't see any way they would easily prove this. Someone would have to testify against you, saying they were told by you that they could download illegal files (which would just implicate them as a criminal, what) or that they heard you tell someone else that that person could illegaly download files (what kind of dickhead would do that?) What are the odds, really.

As far as I know there's no law saying you have to secure your computer or your wireless network. Although maybe at some point that could become a law; but if anyone went to that lengths they might as well say, "you have to lock up your DVDs and CDs because people might make copies of them; you're liable if they obtain them and copy them." Just wouldn't make sense in the long run.

This thing is sticky, and I don't like it. I don't appreciate it.