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It is possible to hold torrent site operators liable for “secondary” infringements committed by their users, as we have seen in the past.
Merely downloading a torrent file by itself is not an infringing act.
In addition, any secondary copyright infringement claims would fail as these are non-existent under criminal law.
In July, Polish law enforcement officers arrested Artem Vaulin, the alleged owner of Kickass Torrents, who’s been held in a local prison ever since.
It provided a search function for torrent files which in and by themselves do not contain any copyrighted content. Instead, KAT is nothing more than a search engine, no different in any material way from Google and other popular website search engines, except that KAT indexes Bit Torrent files,” Rothken writes.
“Thus, at its core, the indictment merely alleges that visitors to KAT may take advantage of KAT’s automated search processes to search for and locate ‘dot torrent’ files.
Online streaming services such as those offered through the Kodi app or via steaming websites are grabbing all the headlines these days, but traditional torrenting remains very popular. This is the software that allows you to share files on your computer with other Bit Torrent users in order to “download” content.
The great news is that there are plenty of good Bit Torrent clients out there.“Any theory that a torrent search engine could be held responsible for the offsite infringing acts of its users would be a theory of civil secondary copyright infringement.Such a civil theory is not an offense against the United States and fails as a matter of law.” “Any and all counts that are dependent on criminal copyright infringement, including the conspiracy and money laundering counts, must fail.As a long-term Vuze fan, it took quite something for this lightweight open source Bit Torrent client to replace Vuze on my desktop.One reason I stuck with Vuze for so long is the ability to bind the torrent client to my VPN interface.Congress has declined to include “secondary copyright liability” in criminal legislation.