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parg edited this page Jun 19, 2024 · 2 revisions

Is content on BiglyBT legal?

In connection with content available and downloaded from sites and bittorrent P2P application users using the BiglyBT bittorrent P2P software application clients, some copyright holders are okay with people making and distributing copies of their works, without charging for them or otherwise financially benefitting, but this may be a pretty complex area of the law, and it isn't always crystal clear what a particular copyright holder may be okay with that, and what the law is or may be. For content from other sites and meta-search templates, trackers, RSS feeds, or otherwise, we're not really in a position to assess whether it is legal or not. There's content available legally via the bittorrent protocol, but that's still not yet true of everything that's available. Be sure to review the policies of the individual site. Sometimes a copyright holder will actually inform you that you can re-use or re-distribute their work, in whole, or in part, including by notifying the world at large that a particular Creative Commons type license is applicable to a work. Here is where Creative Commons lists organizations and projects powered with Creative Commons licenses: http://wiki.creativecommons.org/Content_Directories. The Internet Archive has a large collection of educational, informational, political and entertainment works, including visual, written, audio, and video, that are available either because they are in the public domain or have some sort of "some, but not all rights, reserved" Creative Commons type license: http://archive.org/index.php. (See some more Internet Archive projects here.) And under C-SPAN's copyright policy a license is generally not required to post a recording of C-SPAN's video coverage of federal government events online for non-commercial purposes so long as C-SPAN is attributed as the source of the video (http://www.c-span.org/About/C-SPAN-Copyright-Policy/). Even YouTube allows uploaders of videos to indicate that certain videos can be edited, re-used, or re-distributed, in whole or in part (see, http://www.youtube.com/t/creative_commons). However, we are not in a position to verify, let alone determine, what other content available through BiglyBT (the P2P client applications and meta-search templates, trackers, other websites, RSS feeds, or otherwise), is authorized for any use generally reserved to the exclusive rights of the rights holder(s), including for personal sharing/distribution, saving, or copying, or is available with the permission of those who represent that they are the copyright owners or have all the rights necessary to allow others to exercise or enjoy any of those rights. It might be safe to assume, however, for example, that currently any major commercial film studio motion pictures that are or were recently playing in the theater, are not legally available for free downloading. This may also be true about most television shows, and most major music label sound recordings.

BiglyBT offers support only in connection with the accessing of authorized files. BiglyBT should not be used to infringe the intellectual property rights of others or to access unlawful materials. Because BiglyBT cannot control the conduct of its users, users are responsible for their own actions when using BiglyBT. It is your responsibility to ensure that you are downloading, uploading, sharing, making available, and copying only lawful and non-infringing content in your territory or country. We assume, without verifying, that any content files that might be referred to in any message, post, or conversation (if any at all) are either in the public domain (again, meaning there is no copyright or all copyright has fully and irrevocably expired), the use is a "fair use" under the law, or all copyright holders have authorized or allowed the content to be downloaded, uploaded, shared or otherwise used, manufactured, performed, displayed, copied, etc. (See the exclusive rights of copyright holders under United States Law here: http://www.copyright.gov/title17/ However, we are not in a position to verify what content available through BiglyBT (the application, the website, or otherwise), is authorized for any of the exclusive rights of the rights holder(s), including for sharing/distribution or copying, and therefore, cannot provide you with assistance on emailing, downloading, uploading, sharing, copying, or otherwise using specific content.

In any event, we strongly urge each user to act responsibly when it comes to emailing, downloading, uploading, sharing, copying, or making available any content.

The BiglyBT P2P application also contains a "meta-search" feature which enables users to search other third party web sites, including torrent index sites. By default BiglyBT searches a limited set of torrent sites. This feature, whereby BiglyBT has enabled a select few search templates of a limited set of torrent sites, is provided as a convenience to our users. We do not have any relationship with the underlying sites and cannot attest to the legitimacy, safety or completeness of any content that may be identified through such services. BiglyBT selected and selects these torrent sites because it has a good faith and reasonable belief that those sites track or host content, the overwhelming majority of which content does not infringe upon the rights, including copyright, of any third party. BiglyBT makes a good faith attempt to determine the legitimacy and legality of these sites -- regarding those sites mostly or exclusively involving non-infringing content -- based upon news reports, outcomes of lawsuits or governmental actions against those sites, as well as periodically examining the number of take-down requests received by Google for domains alleged to be associated with infringing content. (See, Google Transparency Report http://www.google.com/transparencyreport/removals/copyright/, and we encourage you to read Google's official blogs about its Transparency report.) BiglyBT recognizes that simply because Google might receive a lot of take-down requests associated with a domain, that does not necessarily mean that there is a lot of infringing content available on or through such sites, because take-down requests are simply allegations of infringement, not proof that there was or is infringement, many take-down requests are false, abusive, do not take into account "fair use" under the United States Copyright Act and analogous laws of other territories or countries, and might even be based upon falsified court orders. Further, there are reports that many take-down request involve attempts to suppress political speech. However, if BiglyBT becomes aware of an exceptionally high number of take-down requests associated with a domain that has been in existence for a reasonable period of time BiglyBT will typically not include, or will remove, such site from its pre-selected search templates.

It is each user's responsibility to ensure that they are only downloading and uploading lawful and non-infringing content -- wherever it may be found. In any event, we strongly urge each user to act responsibly when it comes to downloading and sharing content.

The links above and below lead to some third party materials that may be helpful to you in understanding your rights and obligations. We disclaim (have no) responsibility in connection with your following or clicking on any links. We recognize that there are a variety of viewpoints regarding what might be a complex area of the law involving the uses (or occasional misuses) of neutral technologies such as the BiglyBT P2P applications, and content available through such P2P applications, and some of the viewpoints expressed by third parties might be biased or controversial, at the very least. But we can't expose you to all the resources on viewpoints, studies, laws, social movements (including civil disobedience), policy positions, alternative methods to compensate copyright holders (such as compulsory or collective licenses), and even religions (e.g., http://kopimistsamfundet.se/). We encourage you to learn more, though. Other than supporting and respecting the rights of creators, artists, and rights holders under the laws as they exist (and that isn't to say that certain laws should not be modified, or that the interpretation or application of those laws is always fair or just, or do not have unintended consequences), and being against copyright infringement and other misuses of P2P technology, we just provide a neutral technology and do not take a position endorsing or supporting any particular viewpoints, . . . except that we are also against censorship and are in favor of legal free speech (not all speech is legal). Also, we encourage you to support authors and artists whose works you like. But ultimately, unfortunately, we can't give you advice about any of this. You might want to consult with an experienced and good lawyer who knows about these issues, or ask some public interest groups to publish information on these topics and help you stand up for your rights. Also, this was written with the laws of the United States principally in mind, as we understand them, though may of the same principles apply elsewhere. If you are outside of the United States you might want to look into what the laws are of the territory where you are, and the Electronic Frontier Foundation provides a database of copyright laws around the world at http://copyright-watch.org. In European Union countries, the Commission website has some helpful information and links: http://ec.europa.eu/information_society/eyouguide/navigation/index_en.htm.

WIPO has a list of Intellectual Property and Copyright Offices internationally, you can find the one applicable for your country here: http://www.wipo.int/directory/en/urls.jsp

See http://www.copyright.gov/circs/circ1.pdf for more information about U.S. copyright law.

For more information on US copyright law, including fair use and infringement, you might want to check out the following resources:

We want to again stress that we respect the rights of copyright holders, and hope and expect that you do too. Any use of BiglyBT that violates an intellectual property right or any right of a third party is not allowed. Please do not infringe upon copyright. Content available through BiglyBT may or may not comply with copyright laws in your territory or country, and BiglyBT is not responsible for content you may download or share. Thank you for your understanding.

Oh, and here's some other Stuff our lawyers like us to say about just about anything with regard to BiglyBT:

All defenses, remedies, rights, claims, etc., reserved without waiver or prejudice. No admissions, waivers, etc. made, including by silence or only partial response. No promises made or implied. Emails, other Posts, and written and oral discussions do not make or modify contracts and are not digital or electronic signatures or writings.

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