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Downloading files from the network and the Polish law

April 23rd, 2010

With the growing market for electronic content in ebooks and audiobooks, rapidly growing number of complaints to the Polish portals that enable users to collect and store data including the possibility of making them accessible to others. According to Polish law it is prohibited to distribute copyrighted works without the consent of the person entitled. Copyright law does not prohibit downloading of protected works even if the person is fully aware that the file which has been illegally obtained. Thus, downloading files such as movies, music and other digital content such as book is not punished.
However, there is a difference in the use of the network, because as far as person download files from the website, FTP or Usenet server does not commit the offense, but using P2P applications such as eMule and BitTorrent involuntarily distributes the downloaded data. In this connection it may come here to commit an offense under the Copyright art.116. If such action was unintentional, that it threatens to two years imprisonment. When it is proven that the perpetrator intentionally threatens him with punishment up to three years imprisonment. When this activity is commercial in nature it could threaten up to 5 years imprisonment.
As far as software is applied here for the provisions of the Criminal Code provide for a penalty and they too get the same program without the consent of the person entitled. Thus, the mere collection of computer games and other programs from the network is a crime unless they have been obtained without the consent of the person entitled.

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