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Can I be arrested for having "shared folders" on my computer?

Answers to some pressing digital civil rights questions of the day.
June 9, 2006  |  
 
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With so many attacks on digital rights these days (how many stories have you heard recently of teenagers getting arrested for filesharing?), it's confusing to know just what you can and can't do in the face of the RIAA and their authorities lapdogs. Luckily, Lifehacker took a minute to have their resident law geek answer a number of critical questions. Some of the answers were stunning in their ridiculousness (on the part of the industries) -- outrage alert:

Question 1: Is it true that I can get in trouble for just having "Shared Folders" on my computer?
If the recording industry, the movie industry, the United States Attorney's Office and the Department of Justice have their way, then you could be punished for merely having Shared Folders on your computer. Get used to the name Elektra v. Barker [PDF]. It's probably going to be huge.

Although the RIAA has filed thousands of complaints, in this one, it takes its complaint a step farther and alleges that by merely having Shared Folders on your computer, you are "making files available for distribution" thus you are liable for copyright infringement.

But get this, you could be found liable even if all the files in your Shared Folder were legally obtained. That is one small step in wording but one gigantic leap in potential liability. Forget intent. Forget notice. Even forget ignorance. If you share copyrighted files, you are a law-breaking copyright infringer... no questions asked. I think this is absolutely ridiculous. (emphasis mine)

Read on for a handy guide to which direction the cannonballs of the music and movie industries are coming from next... "Yo ho, yo ho, the pirate life..."

Deanna Zandt is a contributing editor at AlterNet.
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