Question

Should we (/should we not) refrain from posting a link to a torrent website in OS feed (of an educational resource, obviously)?

Please answer "separately" under the domain of -
-Law
-Ethics
-Misc (just, in case...)

Answer 1

Hi,

Soliciting and trading illegal content, even that of torrents, among the OpenStudy community isn't inherently against the Code of Conduct, however, it does violate copyright and United States Law, which by default, will be enforced on OpenStudy and its platforms.

If a user where to link a torrent website itself, then I don't see how that can be an issue. However - if the user is encouraging the illegal replication or production of copyrighted content, then it comes an issue. For example, if I wanted to link to ThePirateBay, or uTorrent (a program), or discuss about the particular webiste(s), then, again, there is nothing wrong with that. It doesn't violate the Code of Conduct, Terms and Service, or U.S Code, or any form of international law that has jurisdiction or possible implications on OpenStudy.

Suggesting someone to download a torrent is not illegal, either, but it may get you in trouble with the administrators. It will become an issue if OpenStudy, and its staff, start actively downloading and uploading torrents to OpenStudy, and solicit illegal torrents. If you notice, there are /r/Reddits dedicated to Torrents. You also have /torrents/ on 4Chan, and various other sites clearly under United States Code, that share and post links to downloadable torrents.

It is not a crime to simply link -- it is a crime to download. I feel that, however, we should not be posting links to torrent websites as a lot of them are infected with viruses, and the children and students at OpenStudy shouldn't be subject to punishment by taking advice from a user on OpenStudy. Such acts should be conducted privately so our more innocent users don't click on a Torrent link thus, exposing them.

In conclusion, torrents are fine and aren't illegal to share and post, it only becomes an issue when the OpenStudy staff starts uploading illegal to their own website. Converse among the members about torrents isn't against the rules nor is it illegal, too. However, I feel this should be done between our more mature users, to protect the youngsters from being exposed to mature content and possibly engaging in copyright infringement. I feel strongly about my opinion.


Best of luck,

\(\bf\Large\color{#00B4ff}{Open}\color{#7cc517}{Study}\color{}{~Ambassador}\color{#872af0}{~~Ⓐ}\color{#478903}{~Compassionate}\)

Answer 2

"...we should not be posting links to torrent websites as a lot of them are infected with viruses, and the children and students at OpenStudy shouldn't be subject to punishment by taking advice from a user on OpenStudy..."

^^ This clause in itself concludes the question.

Answer 3

While your question was simple to address, I also like to provide possibly solutions and situations (hence: grey lines).

Answer 4

@Compassionate
What are grey lines?

Answer 5

You were asking if it was okay or not for someone to link to torrents. There are several. Some violate U.S Code, some do not, some can be removed by Administrators, and some can be a negative influence. It's all about the context.

For example: "Hey, man, check out this torrent, it can help you with your math!"

That's okay, but then you have different cases were a user might promote a torrent, or upload a torrented file using the Attach File option. That could spark some issues.

Answer 6

Just to be clear - Is posting/PMing a link to a place from where you can download a torrent file (which will ultimately point to a copyright material) violates any US law.

I am asking because all torrent sites (mostly in Sweden, i guess) justify their actions that uploading/hosting/downloading a copyright material is against the law but (hosting a file) pointing to the location of such an entity is not (atleast under EU law).

Going by that line of reasoning, the former act would be more like a "Pointer to Pointers" :D

I wish Law were also among the subjects of OS.

Answer 7

Btw - What are grey lines?

Answer 8

I outlined the grey lines in my last post :)

Yes - it is not illegal, but the staff may discourage it, as most Torrent sites have sexual content and +18 language.

Answer 9

I mean - what is the meaning of the phrase "grey lines" ?

Answer 10

Alright - so there is black and white. Right and wrong. They "grey line" is between right and wrong, where content becomes subjective and its morality changes under conditions.

Answer 11

Thanks

Answer 12

:)

Answer 13

Note: BitTorrent the technology itself is not a crime, using it to transfer copyrighted materials is. You can surely share your custom-made math tutorial files, photos and other stuff via BitTorrent, but since for a P2P network to work, at least one client has to act as a server at any given time, you should probably just use file uploading sites like mega.co.nz to avoid the setup.

Answer 14

Thanks, although I am not sure if it will work. Very few people are going to download a custom-made tutorial (needless to talk about seeding).

Answer 15

Just to prove my point -
Name 10 things you downloaded over torrent (in you lifetime) which weren't copyright?

PS: ^^ A rhetorical question, no need to actually answer. ;)

Answer 16

Talesrunner HK Edition - officially distributed.
Ubuntu - officially distributed.
BitComet - officially distributed.
Indie Games the Movie - officially distributed.

There are lots of official and/or open-source content distributed (legally) over BitTorrent. Just because most of them is used for illegal downloads doesn't mean there are legal downloads out there as well.

Answer 17

Technologies are inherently neutral - It is how you use it that makes it good or bad.

Answer 18

Great, I never saw it this way.

Answer 19

It is actually covered in the terms:
"You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. "

It does not matter if the torrent file is hosted legally or not. If the resulting download is against the law in ANY jurisdiction, it is not allowed. The Terms do not differentiate jurisdictions and simply ban using the site in any way that can be linked to the rights violations and illegal activity.

Answer 20

^^ And that removes the provision of even PMing a torrent link.

Answer 21

Yes, and puts the focus on the content. If it is a thing for which torrents are fine, no issues. The aforementioned legally distributed torrents are examples. But, if the content would be illegal then the link is proscribed.

Answer 22

Thanks