Will i get in trouble for writing a book about downloading movies and software safely

[Brad Branson]

What is the name of your state (only U.S. law)? VA

Hi i just found this site and thought you guys can help me out on some legal questions i have

I am a Amazon sellers and was browsing though the ebook section when i found a book about growing weed
indoors. I was surprised to see it, knowing that it is illegal to grow it in the USA. I previewed the ebook and the author made sure to say that the ebook is for supplying information to the public and that the author and the publisher do not advocate breaking the law.

This got me thinking about writing a ebook about how to download Movies and software and music on the internet safely
Since i have been downloading stuff illegally for over 5 years now, using torrents like most people when i first started out and now to more complex things to make sure i don't get that dreaded letter from my ISP.

I was thinking about writing this ebook in a the way of a story, not a how to guide. More like a fictitious tale of a man who can not afford to buy movies and software so he downloads it illegally. And the story would be very detailed to make sure that the reader can figure out how to do it also.

I will be putting a disclaimer in the begging of the book stating that the ebook is for supplying information to the public and that i do not advocate breaking the law.
I will also not be using the name of any copyrighted company or product. I will just be using generic descriptions. Such as saying, Complex photo editing software instead of Adobe Photoshop.

Again the ebook will be written like a fictitious story of a man progressing through the years from a novice to pro. And everything he has learned through out the years will be explained to the reader. kind of like Catch Me If You Can by Frank W. Abagnale.

The purpose of the book being to teach the reader how to download movies, music, software illegally but safely.
But written in a story format to be captivating, and for legal reasons as well.

I just want to know if the big movie companies and other companies can sue for for writing this ebook

I really need your advice guys

Thank you very much

 

[justalayman]

It, generally, is not illegal to provide a "how to" commit a crime. It will surely put you on the radar of any entity that is concerned with illegal downloading though, just as you posting, with absolute certainty:

Since i have been downloading stuff illegally for over 5 years now

and the fact that, unless you have taken some action to spoof your IP, it too is available to the owners of this sight might make you a bit of a target.

I will be putting a disclaimer in the begging of the book stating that the ebook is for supplying information to the public and that i do not advocate breaking the law.

Gee, I never thought of that. Maybe I should rob a bank but tell the people that although I am taking their money, I am not intending to actually be breaking the law. Think that would be a good defense in court? Your attempt to escape liability from such a silly statement is meaningless. It is obvious, both by your statements here and the publication of the book itself, that you do in fact advocate breaking the law.


I guess if you used your real name, Brad Branson, that too provides a very nice target. Hopefully it is your real name. I love it when a criminal believes they are so smart yet they prove otherwise by such foolish actions.

 

[cyjeff]

On the other hand, people have been crafting fictions stories about how to commit robbery, murder and mayhem since the first languages were heard around some caveman's campfire.

I do agree, however, that you can be held in suspicion if someone uses your guidance to break the law.

 

[quincy]

What is the name of your state (only U.S. law)? VA
. . . Again the ebook will be written like a fictitious story of a man progressing through the years from a novice to pro. And everything he has learned through out the years will be explained to the reader. kind of like Catch Me If You Can by Frank W. Abagnale. . . .

You do know, don't you Brad, that as brilliant as Frank W. Abagnale may have been in many ways, he also served time in prison in France, Sweden and the U.S. for his crimes? Because you have admitted on a public forum to having committed several illegal acts, I am thinking you may not be quite so brilliant.

I suggest that, since you apparently have knowledge enough to break the law and not get caught yet, you use this knowledge of yours to write an entirely fictional piece centered perhaps on your knowledge of illegal downloading, but without making the purpose of the book to show others how to illegally download. If you weave your knowledge into a decent plot, your book could have some promise (if you are a decent writer, that is). But I would stay far away from a how-to format.

Disclaimers will do nothing to prevent someone intent on suing you over the contents of your book from suing you over the content of your book. Disclaimers can only mitigate damages in the event of a lawsuit loss.

And, as has already been noted, the publication of your book could bring with it some unwanted attention to your own illegal downloading, which could result in an investigation and a lawsuit or two or three.

If you want to write and have the skill to write a novel, you have an idea that could work well for you. But, even if your book is structured as strict fiction, I recommend you have your manuscript reviewed prior to publication by a publishing law professional. The professional can check for areas in your book that are legally problematic and that will require editing or deleting to better prevent you from winding up in a courtroom.

Hopefully your book will make for you a lot of money so that, if or when your illegal downloading is discovered, you will not have difficulty paying off all of the copyright holders whose work you infringed ($750 to $30,000 per infringed work).



Hey, cyjeff! It is nice to see you back here. You've been missed.

 

[cyjeff]

Thanks, Bud... I missed y'all too...

 

[FlyingRon]

Well it depends what you want to do. Providing information on how to circumvent copyright protection software or providing information on where to get such software is deemed to be covered by the anticircumvention parts of the DMCA.

 

[eerelations]

I know a lot of management/producer-and-up-level people in the movie and music industries who absolutely hate people like OP. I have just now sent his name and post to several of these people.

 

[tranquility]

Shh, don't tell on me.

09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0

 

[latigo]

What is the name of your state (only U.S. law)? VA

Hi i just found this site and thought you guys can help me out on some legal questions i have

I am a Amazon sellers and was browsing though the ebook section when i found a book about growing weed
indoors. I was surprised to see it, knowing that it is illegal to grow it in the USA. I previewed the ebook and the author made sure to say that the ebook is for supplying information to the public and that the author and the publisher do not advocate breaking the law.

This got me thinking about writing a ebook about how to download Movies and software and music on the internet safely
Since i have been downloading stuff illegally for over 5 years now, using torrents like most people when i first started out and now to more complex things to make sure i don't get that dreaded letter from my ISP.

I was thinking about writing this ebook in a the way of a story, not a how to guide. More like a fictitious tale of a man who can not afford to buy movies and software so he downloads it illegally. And the story would be very detailed to make sure that the reader can figure out how to do it also.

I will be putting a disclaimer in the begging of the book stating that the ebook is for supplying information to the public and that i do not advocate breaking the law.
I will also not be using the name of any copyrighted company or product. I will just be using generic descriptions. Such as saying, Complex photo editing software instead of Adobe Photoshop.

Again the ebook will be written like a fictitious story of a man progressing through the years from a novice to pro. And everything he has learned through out the years will be explained to the reader. kind of like Catch Me If You Can by Frank W. Abagnale.

The purpose of the book being to teach the reader how to download movies, music, software illegally but safely.
But written in a story format to be captivating, and for legal reasons as well.

I just want to know if the big movie companies and other companies can sue for for writing this ebook

I really need your advice guys

Thank you very much

Taking the above juvenile-like “stuff” is an example of your "captivating" skills as an author, I suggest that you hire a competent ghostwriter.

Also, if you are under the impression that as a publisher of such trash the First Amendment will isolate you from being susceptible to criminally and civilly prosecution for aiding and abetting the commission of an unlawful and tortious act, THEN THINK AGAIN!

Try reading and comprehending the following case law and in between think about growing up!

“The First Amendment does not necessarily pose a bar to liability for aiding and abetting a crime, even when such aiding and abetting takes the form of the spoken or written word.” Rice v. Paladin Press Enterprises 123 F. 3d 233 (4th Cir. 1997)

Also from the United States Supreme Court in Cohen v. Cowles Media Co., 501 U.S. 663, 669 (1991) “ . . while even speech advocating lawlessness has long enjoyed protections under the First Amendment, it is equally well established that speech, which, in its effect, is tantamount to legitimately proscribable nonexpressive conduct, may itself be legitimately proscribed, punished, or regulated incidentally to the constitutional enforcement of generally applicable statutes.”

And State v. Barnett, 667 F.2d 835 (9th Cir. 1982, “The First Amendment does not provide publishers a defense as a matter of law to charges of aiding and abetting a crime through the
publication and distribution of instructions on how to make illegal drugs.”

And United States v. Freeman 761 F.2d 549, 552-53 (9th Cir. 1985), where the defendant publisher was convicted for aiding and abetting tax fraud.

 

[Willlyjo]

I know a lot of management/producer-and-up-level people in the movie and music industries who absolutely hate people like OP. I have just now sent his name and post to several of these people.

I sincerely believe that those upper level people you describe will not even read the information you sent them.

 

[tranquility]

Taking the above juvenile-like “stuff” is an example of your "captivating" skills as an author, I suggest that you hire a competent ghostwriter.

Also, if you are under the impression that as a publisher of such trash the First Amendment will isolate you from being susceptible to criminally and civilly prosecution for aiding and abetting the commission of an unlawful and tortious act, THEN THINK AGAIN!

Try reading and comprehending the following case law and in between think about growing up!

“The First Amendment does not necessarily pose a bar to liability for aiding and abetting a crime, even when such aiding and abetting takes the form of the spoken or written word.” Rice v. Paladin Press Enterprises 123 F. 3d 233 (4th Cir. 1997)

Also from the United States Supreme Court in Cohen v. Cowles Media Co., 501 U.S. 663, 669 (1991) “ . . while even speech advocating lawlessness has long enjoyed protections under the First Amendment, it is equally well established that speech, which, in its effect, is tantamount to legitimately proscribable nonexpressive conduct, may itself be legitimately proscribed, punished, or regulated incidentally to the constitutional enforcement of generally applicable statutes.”

And State v. Barnett, 667 F.2d 835 (9th Cir. 1982, “The First Amendment does not provide publishers a defense as a matter of law to charges of aiding and abetting a crime through the
publication and distribution of instructions on how to make illegal drugs.”

And United States v. Freeman 761 F.2d 549, 552-53 (9th Cir. 1985), where the defendant publisher was convicted for aiding and abetting tax fraud.

However, see also:
Brandenburg v. Ohio, 395 U.S. 444 (1969)
Sanders v. Acclaim Entm’t, Inc., 188 F. Supp. 2d 1264, 1279-1281 (D. Colo.
2002). [re Columbine shootings]
http://law.vanderbilt.edu/publications/vanderbilt-law-review/archive/volume-58-number-1-january-2005/download.aspx?id=3027

 

[quincy]

Shh, don't tell on me.

09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0

You are soooo busted, tranq.

 

[tranquility]

You are soooo busted, tranq.

I'm glad someone appreciates abstract humor.

Um...by reposting in the entirety, are you to be busted too?

 

[quincy]

I'm glad someone appreciates abstract humor.

Um...by reposting in the entirety, are you to be busted too?

oops