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by Topher on August 7th, 2005

Topher

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I was told that some file sharing programs are based outside the US, so a US citizen using the software can't get in trouble with US law. Is this true?

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  • by Jack Scotty on August 9th, 2005

    Jack Scotty

    No, this isn't true. If you illegally obtain the music from a file sharing service overseas, you are just as liable as if the service was in the US. It comes down to an issue of posession. If you obtain music illegally and then retain posession of it, you are breaking the law regardless of where you got it. Also you could be subject to legal penalties in foreign countries where the US has various reciprocity treaties that protect certain things like copyrights and patent infringements.

    Using the service or softare that is located in a foreign country may not cause you any legal troubles provided that you are actually do it in that country and remain in that country and you do not bring it back to the US.

    There have been cases where people have avoided these penalties by using loopholes in the law similar to this one, however, those who go free usually have a high priced lawyer who is especially good at arguing the finer parts of the law. So if you are from a rich family that has one of these lawyers on a retainer, you might stand a chance to get away with it provided that he is good at arguing the loopholes. For the rest of us everyday common folks, you can forget it.

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