pirate bay and did not know he had to stop seeding after the download for a day.
Can we get in trouble because of this?
Thank you!
Hi all. I have just noticed that my son downloaded movie from the
"Seeding by mistake"
No, it's Switzerland, you're fine
Hah thank you.
Apparently when downloading torrent, it seeds at the same time. Also when download is done, if not stoped it keeps seeding. He did not stop it. In that sense it was a mistake since he did not stop it...
TBH I haven't checked if there has been any update to the law recently, so I could be wrong. Last time I did read up about it, downloading torrents is illegal, uploading is illegal so in theory seeding is not allowed. In reality though, I can't remember ever having read of someone being prosecuted for seeding torrents.
Its good etiquette to seed at least 1:1, if everyone cut and ran after they leached there would be no torrents.
I drove at 90km/h in a 80 zone for a few seconds to overtake this other car on the road. When overtaking is done, i did not reduce speed so my car keeps speeding. I did not stop it. In that sense it was a mistake as I did not stop it.
Not sure how an illegal act is not illegal just because you forgot to stop doing it.
But as tony said, I have never heard of anyone being prosecuted for illegally seeding.
Yes you can theoretically get in trouble, no you probably won't.
PS: Him doing it 'without knowing' is not the definition of an accident, he just used torrents like normal
“downloading torrents is illegal, uploading is illegal” -did you mean downloading torrents is legal, uploading is illegal?
That's what I meant to write, I should go to bed.
Haha I get your point...
Yes since Roman times, not being familiar with the low does not make yoy not guilty....but what I wanted to say there was no INTENT to share data, but to download. Forgetting to stopping the download created the seeding and not the intent to share data further.
At least I can be the fist one you know being prosecuted
BTW this should be FINE and not Prosecution ?
It's civil law - so a fine. But it's highly unlikely a one off would be sanctioned. The copyright owners are more interested in high volume uploaders.
If there is a fine than it cannot be civil law, but it is criminal law. If it were civil law than there won’t be a fine but damages and compensation only.
Now, copyright is a mixture of civil law and criminal law. Art. 62 Abs. 2 CopA foresees civil compensation and Art. 67 CopA criminal punishment. Not just with a fine, but a custodial sentence not exceeding one year or a monetary penalty.
I'm lead to believe that part of one's internet subscription contains an element for illegal downloading etc and thus everyone doing such a thing is untouchable.
What you get in other countries is companies who track the traffic then send a threat of legal action and a bill to prevent that from happening. Enough people pay up for peace of mind. These companies need access to the records but I believe Swiss ISPs aren't allowed to give customer information out.
Perhaps consider switching to downloads using Usenet instead. Subject to the details it'll cost you something like $20-50-100 per year but it's 100% legal in CH, and you can't do these silly kinds of errors like your son's by design. You can do your uploads if you want, but they have to be initiated explicitly, and because you pay for the ability to download there's no need to, or advantage in, uploading.
Thanks. By "fine" I meant they might make a charge which if you don't pay they'll follow up with civil action.
For criminal sanction the key point is this "any person who wilfully and unlawfully commits any of the following acts is liable to a custodial sentence not exceeding one year or a monetary penalty" (my emphasis). To my mind this makes it clear that the law is targetted against "professional" piraters of copyright material. That really doesn't apply in this case.
I really can't see a single day of inadvertently uploading through ignorance being worth the copyright holder pursuing.
No, not a problem, also your provider cannot spy what you are doing, there's a right to privacy.
Torrents are not important anymore since most people pay for streaming services nowadays so I wouldn't worry, it's not even worth pursuing for them anymore (they prefer spending money on creating their own streaming service now).
I wouldn't take the risk. Someone I know runs a business which tracks people who seed. He essentially downloads from seeders and keeps logs of this and shares this with lawyers in return for a cut of the settlement fees.
He's going to keep those logs forever. Maybe today, it is difficult to prosecute Swiss offenders. If that changes in the future, he has the full chain of evidence to prosecute and a bunch of legal firms who have experience in extorting money from you.
i used to get a couple of warning emails from "the lawyers of warner bros" etc. i always just ignored them and never had any further problems. nowadays i use a vpn.
Thats not how laws work. You can only get prosecuted for things you did when they were illegal. If the Swiss hypothetically banned alcohol next year could I not go to jail for drinking now... the statue of limitations is only a few years and on top of that could anyone sue him for collecting and storing private data... the cops are not allowed to have long term data retention except of very few specific things... so he is in a very dark grey area.