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When it comes to torrents, one of the most commonly asked questions is “Is downloading torrents legal or illegal?” Torrent clients, such as uTorrent Vuze and the official BitTorrent client, are used to download immense amounts of data on the Web, and there’s no question that much of it is illegal. Here we’ll talk about how torrent downloads work, when they’re illegal, and how to protect your privacy when you’re using them.
So What Is Legal and What Is Illegal?
The short answer: as long as the item is copyrighted and you don’t own it, then downloading it (for free) via torrent is illegal. Using a torrent client and downloading torrents in itself isn’t illegal, as you could be downloading things that aren’t protected by copyright.
The long answer: This varies from case to case. Most countries have basic common laws against intellectual property theft. If a piece of music is copyrighted and you don’t own it, you can’t download it legally. The same goes for a movie, a game, or anything else you may want (unless the copyright-holder decides to make it free either temporarily or permanently, as is often the case with video games). The line gets kind of fuzzy here, since people ask themselves many different questions about their own country’s laws.
In general, a copyright is registered to an individual or organization that creates something. This copyright has a time limit, usually equivalent to the lifetime of the creator and a set amount of additional years. Some copyrights are for life plus fifty years. Others are for life plus seventy years. Look up your country in the previous link if you’re unsure of your laws. Of course, your mileage may vary, as some things may not be protected by the law where you live, or copyright law may not be enforced at all.
So if you’re downloading a free Linux distribution through your torrent client, you don’t need to worry. But if you’re getting John Lennon’s “Imagine” from The Pirate Bay, you’re doing something that in all likelihood is breaking a law.
Related: How to Download Torrents onto Your iOS Device Without Jailbreaking
Torrent Privacy
Whatever it is you’re doing is not any of my business. But it is my business to make sure you know just how “anonymous” you are in the torrent network. The short answer is: you totally aren’t!
It’s handy to have a basic knowledge of how the torrent protocol works. Theoretically you should have some level of privacy since you’re not downloading any data from one particular server (in contrast to downloading something from a central server like you’d find on Microsoft’s website, where they’ll know exactly who it is that’s downloading their products).
But through the torrent system you download directions to a file. That means that the torrent file is actually just a list of trackers and some hash codes. It doesn’t really prove that you downloaded the torrent file. What you do inside your torrent client is more important, and that’s all managed by a decentralized list of servers. Once you start the download of the actual file you want to get to, you end up downloading little pieces of the file from a bunch of people.
Can You Get Caught?
Government agents and copyright trolls tend to snoop around the Torrent networks, and some of the more popular sites hosting Torrent files, downloading files and listing all the IP addresses they find under the Peers (downloaders) and Seeders (uploaders) lists. This will, of course, compromise your address eventually.
The actual number of people who get caught is miniscule, but if you want to secure yourself and don’t care much to contribute to the Torrent community, then you can disable seeding which stops your PC uploading files to the torrent network. Avid torrenters would call this selfish, and maybe they’re right, but you’re also covering yourself.
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Another good option is to use a proxy or VPN, then set your torrent client to connect to peers through that. This essentially makes you anonymous by routing your connection through a different IP address.
Then there’s the onion routing network (Tor) that you can configure as a proxy for your torrent client. However, since the Snowden revelations it’s become known that even Tor has been targeted by the NSA and GCHQ for illegal activity. While the network is mostly secure, there have been incidents of these spy bodies attacking individual computers, so it’s not as anonymous as it once was.
Conclusion
Rest assured that torrenting does not equate to piracy. It does, however, provide a very convenient way to do it! The torrent protocol is just a clever transmission method for users to download files more easily. If you’re worried that you may be downloading something that’s against the laws in your country, ask below.
This article was first published in Jun 2013 and was updated in Nov 2017.
Image credit: Pirate Bay main page
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Officially, a torrent is a file containing metadata related to a movie, song, software or photo downloaded from a peer-to-peer network -- although the term is commonly used to refer to any of the aforementioned P2P file types. Torrents are unique in that they aren’t maintained and distributed by any one website; instead, those tasks fall upon the users of P2P networks, who, once a file starts downloading, immediately begin “seeding” -- or providing their downloaded data for upload to others -- to other P2P participants. As a result, torrent downloads are generally fast and convenient. But before you climb aboard the P2P bandwagon, it’s a good idea to first understand the risks involved with downloading torrents.
Malware Risks
Given the instrumental role a computer plays in running a typical company, downloading a crippling virus or malicious file could feasibly bring a business to a grinding halt. While torrent downloads may present such a risk, the truth is it’s no greater than it is with any other file type, regardless of the source. When disguised torrent malware is opened, it’s often because the downloader has developed a false sense of security toward P2P networks. It’s not uncommon for a user who’d never dream of opening an unsolicited email attachment to double-click a downloaded torrent -- even though he knows about as much about the original uploader as he does any given email spammer. After downloading a legal torrent, always scan the file with an antivirus program before running it. Some torrent interface programs even offer plug-ins that automatically scan incoming files.
Data Safety
Many opponents of P2P file sharing claim uploading a torrent opens a gateway to a PC’s other stored data. This claim can be especially troubling to business owners, who fear employee files, payroll information and other valuable company data may be compromised. However, this is only true if that data is kept in the same folder as the torrent being uploaded. Because files downloaded through torrent sites are then passed along to other users, by default they’re stored in a folder that allows its content to be shared. So, unless you’re in the habit of storing critical business data in your computer’s torrent download folder, your company secrets should be secure. Still, for safety’s sake, it’s a good idea to turn off sharing for personal folders.
Vulnerability
Although P2P networks don’t pose a direct threat to your company’s valuable data, they have been known to assist online hackers in gaining access to it. When a torrent is downloaded, the person receiving it gets a look at the IP addresses of all the contributing peers. Online hackers sometimes collect this information so they can target one computer at a time until a vulnerable one is found. The best defense against this kind of an attack should be obvious: make sure your PC isn’t vulnerable. Frequently scan your hard drives for viruses and malware, turn off “Remote Assistance” and “Remote Desktop” in System Properties and uncheck each in your firewall’s list of exceptions, turn off folder sharing, and set passwords for important folders.
Legal Troubles
Likely the biggest risk associated with torrents has nothing to do with malware infection, data leaks or the theft of company information. A good portion of the files available through P2P networks contain copyrighted material, making sharing of such data illegal. Moreover, the odds that an illegal file sharer will get caught are greater now than ever before. The film and music industries employ agencies that scour the Internet in search of violators, which they accomplish by tracing uploaders’ IP addresses and monitoring embedded trackers hidden in copyrighted movies and songs. Penalties range from suspension of Internet service to 10 years in prison and $250,000 in fines. To avoid legal trouble -- which likely wouldn't be good for business -- stick to downloading non-copyrighted or freeware files, or just stay away from P2P websites.
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About the Author
John Machay began writing professionally in 1984. Since then, his work has surfaced in the 'West Valley View,' 'The Sean Hannity Show,' 'Scam Dunk' and in his own book, 'Knuckleheads In the News.' His efforts have earned him the Ottoway News Award and Billboard magazine honors for five straight years. Machay studied creative writing at Columbia College in Chicago.
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Machay, John. 'What Are the Dangers of Torrents?' Small Business - Chron.com, http://smallbusiness.chron.com/dangers-torrents-70661.html. Accessed 17 June 2019.
Machay, John. (n.d.). What Are the Dangers of Torrents? Small Business - Chron.com. Retrieved from http://smallbusiness.chron.com/dangers-torrents-70661.html
Machay, John. 'What Are the Dangers of Torrents?' accessed June 17, 2019. http://smallbusiness.chron.com/dangers-torrents-70661.html
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