Legal Question in Technology Law in Ohio

Illegal internet websites

I understand that it is illegal to download some information from certain internet websites. Is it illegal to access certain websites if no information is downloaded? If so, how does one know which websites are illegal to access? If certain websites are illegal to access, and an individual ends up there accidentally, say through typing in an incorrect URL, or whatever, is there a certain amount of time that one has to get out of the website? What if a person wants to access a website because of curiousity or research interests, or whatever? Suppose, for example, that I was interested in doing research for a scholarly paper on internet pornography, or internet hate sites, or internet terrorist websites. Is there a way that one could obtain permission to access sites such as these and thereby keep the police or FBI or Customs officers or the newspapers away from the door? Finally, what is the definition of ''download''? If something illegal goes onto my temporary internet files and it is my intent to delete it, is that considered a ''download''? Thank you.


Asked on 11/29/01, 7:32 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Re: Illegal internet websites

There are many questions in this posting. Normally passive viewing of a website is not copyright infringement. Copyright owners have more than enough to worry about with people who are downloading and redistributing to others, so they are unlikely to bother to even check, let alone pursue individuals for something like that. Monitoring technology is very sophisticated, so it is entirely possible the Government could know if you are visiting terrorist websites frequently. I doubt the FBI is going to keep any record, let alone do anything to you, for visiting porn sites. If they did, they would have to go after millions of people.

Something going into your computer, even temporary internet files, could be an infringement. You can't get more rights than the person supplier to you had, so if the supplier is an infringer, you may be, also. But, the copyright owners go for the source not the user, as the user is the owners' customer, and it is not good business to hassle customers. It is much more effective for the labels to go after Napster and Aimster and get them off-line than to go after some little guy somewhere. Napster was enabling millions of infringing copies a day. You might enable a dozen or so if you were really busy. My suggestion is to go where you want to go on the internet and let you common sense tell you when you are crossing the line into piracy and should stop. If you do that you are not likely to be the target of any copyright owner.

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Answered on 11/29/01, 7:59 pm


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