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Download
In computer networks, download means to receive
data from a remote system, typically a server[1] such
as a web server, an FTP server, an email server, or
other similar systems. This contrasts with uploading,
where data is sent to a remote server.
Three generic symbols for downloading
A download is a file offered for downloading or that
has been downloaded, or the process of receiving such
a file.[2]
Definition
Downloading generally transfers entire files for local storage and
later use, as contrasted with streaming, where the data is used nearly
immediately while the transmission is still in progress and may not
be stored long-term. Websites that offer streaming media or media
displayed in-browser, such as YouTube, increasingly place
restrictions on the ability of users to save these materials to their
computers after they have been received.
Downloading on computer networks involves retrieving data from a
remote system, like a web server, FTP server, or email server, Download data is sent
unlike uploading, where data is sent to a remote server. A download downstream to an end-user,
can refer to a file made available for retrieval or one that has been upstream from the provider.
received, encompassing the entire process of obtaining such a file. ISP = internet service
provider.
Downloading is not the same as data transfer; moving or copying
data between two storage devices would be data transfer, but
receiving data from the Internet or BBS is downloading.
Copyright
Downloading media files involves the use of linking and framing Internet material and relates to
copyright law. Streaming and downloading can involve making copies of works that infringe on
copyrights or other rights, and organizations running such websites may become vicariously liable for
copyright infringement by causing others to do so.
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Open hosting servers allow people to upload files to a central server, which incurs bandwidth and hard
disk space costs due to the files generated with each download. Anonymous and open hosting servers
make it difficult to hold hosts accountable. Taking legal action against the technologies behind
unauthorized "file sharing" has proven successful for centralized networks like Napster, and untenable for
decentralized networks like Gnutella or BitTorrent. The leading YouTube audio-ripping site agreed to
shut down after being sued by a huge coalition of recording labels.
Downloading and streaming relate to the more general usage of the Internet to facilitate copyright
infringement, also known as "software piracy". As overt static hosting of unauthorized copies of works
(i.e., centralized networks) is often quickly and uncontroversially rebuffed, legal issues have in recent
years tended to deal with the usage of dynamic web technologies (decentralized networks, trackerless
BitTorrents) to circumvent the ability of copyright owners to directly engage particular distributors and
consumers.
Litigations in European Union
In Europe, the Court of Justice of the European Union (CJEU) has ruled that it is legal to create
temporary or cached copies of works (copyrighted or otherwise) online.[3][4] The ruling relates to the
British Meltwater case settled on 5 June 2014.[5][6]
The judgement of the court states that: "Article 5 of Directive 2001/29/EC of the European Parliament
and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights
in the information society must be interpreted as meaning that the copies on the user's computer screen
and the copies in the internet 'cache' of that computer's hard disk, made by an end-user in the course of
viewing a website, satisfy the conditions that those copies must be temporary, that they must be transient
or incidental in nature and that they must constitute an integral and essential part of a technological
process, as well as the conditions laid down in Article 5(5) of that directive, and that they may therefore
be made without the authorisation of the copyright holders."[7]
On April 17, 2009, a Swedish court convicted four men operating The Pirate Bay Internet site of criminal
copyright infringement.[8] The Pirate Bay was established in 2003 by the Swedish anti-copyright
organization Piratbyrån to provide information needed to download film or music files from third parties,
many of whom copied the files without permission. The Pirate Bay does not store copies of the files on
its own servers but does provide peer-to-peer links to other servers on which infringing copies were
stored. Apparently, the theory of the prosecution was that the defendants, by their conduct, actively
induced infringement. Under U.S. copyright law, this would be a so-called Grokster theory of
infringement liability.[9]
The Swedish district court imposed damages of SEK 30 million ($3,600,000) and one-year prison
sentences on the four defendants. "The defendants have furthered the crimes that the file sharers have
committed," said district court judge Tomas Norstöm. He added, "They have been helpful to such an
extent that they have entered into the field of criminal liability." "We are, of course, going to appeal,"
defense lawyer Per Samuelsson said. The Pirate Bay has 25 million users and is considered one of the
biggest file-sharing websites in the world. It is conceded that The Pirate Bay does not itself make copies
or store files, but the court did not consider that fact dispositive. "By providing a website with ... well-
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developed search functions, easy uploading and storage possibilities, and with a tracker linked to the
website, the accused have incited the crimes that the filesharers have committed," the court said in a
statement.[10]
See also
Bandwidth
Copyright aspects of hyperlinking and framing
Download manager
Digital distribution
HADOPI law
Music download
Peer-to-peer
Progressive download
Sideloading
References
1. "What is downloading? - Even Michael Lizio can do it. Definition from WhatIs.com" (https://
web.archive.org/web/20190905142601/https://searchnetworking.techtarget.com/definition/d
ownloading). SearchNetworkNexting. Archived from the original (http://searchnetworking.te
chtarget.com/definition/downloading) on 2019-09-05. Retrieved 2013-03-16.
2. Sherry Ess (2017-07-01). "Automated HID File Download Tool" (https://dx.doi.org/10.1094/g
row-cot-07-17-109). Grow: Plant Health Exchange. doi:10.1094/grow-cot-07-17-109 (http
s://doi.org/10.1094%2Fgrow-cot-07-17-109). Retrieved 2021-07-16.
3. "Good news everyone: after 5 years, we now know that what we do every day is legal…No,
seriously" (https://web.archive.org/web/20141220060738/http://copyright4creativity.eu/201
4/06/13/good-news-everyone-after-5-years-we-now-know-that-what-we-do-every-day-is-leg
al-no-seriously/). Copyright for Creativity. 13 June 2014. Archived from the original (http://co
pyright4creativity.eu/2014/06/13/good-news-everyone-after-5-years-we-now-know-that-wha
t-we-do-every-day-is-legal-no-seriously/) on 20 December 2014. Retrieved 6 May 2017.
4. "CJEU Judgment: No Copyright Infringement in Mere Web Viewing" (http://www.scl.org/site.
aspx?i=ne37471). Society for Computers and Law. 5 June 2014. Retrieved 20 December
2014.
5. Meyer, David (5 June 2014). "You can't break copyright by looking at something online,
Europe's top court rules" (https://web.archive.org/web/20180107011242/https://gigaom.co
m/2014/06/05/you-cant-break-copyright-by-looking-at-something-online-europes-top-court-r
ules/). Gigaom. Archived from the original (https://gigaom.com/2014/06/05/you-cant-break-c
opyright-by-looking-at-something-online-europes-top-court-rules/) on 7 January 2018.
Retrieved 6 May 2017.
6. Smith, Chris. "Pirating copyrighted content is legal in Europe, if done correctly" (https://bgr.c
om/2014/06/05/streaming-movies-and-tv-shows-for-free/). bgr.com. Boy Genius Report.
Retrieved 5 June 2014.
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7. "Case C‑360/13" (http://curia.europa.eu/juris/document/document_print.jsf;jsessionid=9ea7
d2dc30d5306c74c20c5b45538245c60808b63951.e34KaxiLc3qMb40Rch0SaxuNbxr0?docl
ang=EN&text=&pageIndex=0&part=1&mode=DOC&docid=153302&occ=first&dir=&cid=931
05). Court of Justice of the European Union. Retrieved 20 December 2014.
8. See Times Online (http://technology.timesonline.co.uk/tol/news/tech_and_web/the_web/arti
cle6115341.ece).
9. See Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 545 U.S. 913 (2005).
10. Stiernstedt, Jenny; Johansson, Astrid E; Söderling, Fredrik (2009-04-17). "The Pirate Bay
sentenced to one year in prison" (https://web.archive.org/web/20121009164154/http://www.
dn.se/kultur-noje/musik/the-pirate-bay-sentenced-to-one-year-in-prison). DN.se. Translated
by Grassman, Oliver. Archived from the original (http://www.dn.se/kultur-noje/musik/the-pira
te-bay-sentenced-to-one-year-in-prison-1.846915) on Oct 9, 2012.
External links
Media related to Download icons at Wikimedia Commons
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