How illegal is downloading games?

Discussion in 'NDS - Flashcarts and Accessories' started by kama, Oct 14, 2009.

  1. kama

    kama Member

    Aug 27, 2008
    United States
    My brother has recently become paranoid by the fact that if we download a game, regardless of if we own it or not, we will be fined to the point where we can no longer live properly. So:

    What happens if caught?

    How often do people get caught?

    How easy is it to get caught?

    Do they track every download you do?

  2. asdf

    asdf GBAtemp Advanced Fan

    May 20, 2009
    United States
    Torrance, CA
    1. Jail time (maybe, depends on how old you are) and fines

    2. I don't know anyone who has been caught

    3. The government doesn't really care, so I wouldn't count on being caught

    4. I guess they can, but they do nothing about it.
  3. rikuumi

    rikuumi GBAtemp Advanced Fan

    Oct 2, 2008
    United States
    they can track your IP very easily if they just want to
  4. Crass

    Crass Rock me Dr. Zaius

    Nov 3, 2006
    United States
    kama we've already got your IP address on file and now we have the proof needed to make the charges. I am informing the authorities right now. Sorry it had to come to this, but if you do the crime you do the time. You are looking at a min. of 5,000 dollar fines and upwards of 6 months of jail time, your parents will also be fined.

    - The Internet Police
  5. DeMoN

    DeMoN GBAtemp Guru

    May 12, 2004
    United States
    I knew someone who got caught downloading music (shitty music too) at my uni and he got fined $3000 and got expelled, but he would have had to drop out anyways because he didn't have enough money to pay tuition after the fine.

    Don't pirate!
  6. worlok375

    worlok375 GBAtemp's prince

    Feb 17, 2009
    United States
    1. A fine.

    2. I wouldn't think that often otherwise sites like this wouldn't exist.

    3. Well......If they got the internet providers like AT&T on their side (which they don't) then easy but for now we are probably safe.

    4. Back to the Isp (internet service providers again) maybe. But without their help definitely not.
  7. ChuckBartowski

    ChuckBartowski GBATemp Nerd Herd Specialist

    May 31, 2009
    United States
    Burbank, CA
    Most isps nowadays will just cut you off of their service, and you wont get sued.
  8. House Spider

    House Spider In the GBAtemp attic.

    Apr 25, 2009
    Its as illeagal as going into a shop and robbing a game. I think its okay to dump your own DS Games and put them on a cart as backups. By the way, don't game developers use flashcarts to test their own games.
  9. Elritha

    Elritha GBAtemp Addict

    Jan 24, 2006
    Simple answer is it depends what country you're living in.

    Your flag shows you're in the USA. If you get caught you'll be fined, depending on what you have. The chances of getting caught are very slim, it also depends what you used to download the game. Bittorrent would leave you more exposed, while usenet using an encrypted connection wouldn't.

    I haven't really heard of the gaming industry going after people who download games anyway. Mostly it's the music and movie industry bodies.
  10. ca_michelbach

    ca_michelbach GBAtemp Fan

    Nov 22, 2008
    The Vualt
    You're pretty much as safe as if you'd not downloaded anything. See the pirating bussiness as hydra, you kill a head (piraters) and 2 grow back in it's place. But burn the neck (the torrent sites) and no heads can grow back. In other words, it's the sites that provide the things for download that are in trouble, not the users.
  11. Eerpow

    Eerpow *swoosh*

    Sep 14, 2009
    This illegal (shows with hands) [​IMG]
  12. Ireland 1

    Ireland 1 GBAtemp Advanced Fan

    Sep 21, 2008
    In Ireland you are safe enough for a fine and jail. It was a Garda(police officer) who told me about flashcarts and hacking computers [​IMG] [​IMG]
  13. BlueStar

    BlueStar GBAtemp Psycho!

    Jan 10, 2006
    I've still never, ever seen anyone anywhere arrested for downloading copyrighted material. Even when news stories say "Music downloader hit with fine/jailtime" when you read the small print they were always uploading pirate material as well because they were using something like torrents.
  14. Strider

    Strider Next to the mainstream

    Oct 29, 2002
    In America, everything is possible!

    --- [​IMG]

    ...but seriously, regarding your internet presence, tracking everything is and mostly always will be possible. Simply because you can't contact another computer without him knowing that you did.
  15. clegion

    clegion GBAtemp Advanced Maniac

    May 5, 2009
    United States
    it's illegal

    fine and jail, and in indonesia, they take your console and flashcart, this doesn't happen too often

    haven't heard any, heck it's a business back there in indonesia

    they don't really care

    they can, but somebody will say privacy
  16. Zaide

    Zaide GBAtemp Regular

    Apr 2, 2009
    United States
    What happens if caught?
    Depends on where you live and your ISP. Cox Communications will send you an e-mail telling you not to do it again then delete all records of the event (after my first warning e-mail I called them to ask what they were going to do and they had no clue what I was talking about so I'm assuming they deleted all trace of the event... and I've received 3 of these e-mails btw, 1 of which was for something I didn't even download). Now if your ISP does give out your info, then you'll have fines, probably a lawsuit, and possibly jail time or, if the judge goes easy on you, community service. The jail time and community service is mostly for people distributing the files though, not the ones downloading the files.

    How often do people get caught?
    Using torrents and other peer2peer programs, people get caught by the hundreds (probably thousands) every day. As for using filesharing sites like megaupload and mediafire, I have never heard of anyone getting caught for *DOWNLOADING*, but I have heard of people getting in trouble when *UPLOADING*, but even then I've only heard of that happening on rapidshare on very very rare occasions.

    How easy is it to get caught?
    If you are using anything peer2peer it's dead easy for them to catch you because peer2peer, by it's very nature, requires for everyone to have everyone else's IP. However, copyright violation is a civil offense, not a criminal offense. Your ISP is not required in the USA to give out your personal information unless you committed a criminal offense. So anti-piracy groups can get your IP, but they can't turn that into any kind of real information like a name or street address unless they can get you on criminal charges as well or if your ISP is a pushover. Using filesharing sites like mediafire and megaupload the only way they can get your IP is if the site gives it to them, and they are not likely to do that for piracy... though they might for something like the blueprints to the pentagon or something along those lines =P.

    Do they track every download you do?
    No. What they are currently doing to catch pirates is going on p2p networks like torrents and gnutella and logging all the IPs that are downloading or uploading certain files, then sending letters to those people's ISPs. So they track it by the file, not by the downloader.

    Now there has recently been some talk about how an IP address might not even be enough evidence to convict someone because of the growing number of unsecured wireless networks. So if you have an unsecure wireless network and get in trouble, just deny everything and say it must have been a neighbor.... they can't prove it wasn't a neighbor and they can't get a warrant to go search your neighbors' houses. Under the concept of "innocent until proven guilty" this is a perfect defense, however if you are on civil trial I believe (but I'm not 100% sure) you are actually "guilty until proven innocent". Since copyright violation is a civil offense you might get off the criminal charges which include the fine and everything, but you'd probably still lose the lawsuit.

    It's really difficult to say for sure because anytime someone is sued or otherwise gets in trouble for piracy, either they are a member of "the scene" and get in BIG trouble because of all the criminal stuff they've done (scene members also tend to get into other illegal things like fraud and such), or they are a clueless nobody who doesn't know which end of the mouse plugs into the computer so they confess up front because they don't know how little proof is really against them.

    I however can personally testify that Cox Communications doesn't give a rat's right foot if you pirate or not.
  17. DeltaBurnt

    DeltaBurnt I'm bored

    Feb 21, 2009
    United States
    Where intellect matters
    The government only catches people when they want to remind the general public that pirating anything is illegal. But other than that they don't actively go out and fine people.

    Seriously, even if a rom site were to be shut down and the court got the IP addresses that downloaded that probably would not press one single charge against any of the downloaders.
  18. bach3609

    bach3609 GBAtemp Fan

    May 31, 2009
    That is exactly what i do. Dump Em and use em on my acekard2i for backups so i don't have to carry em everywhere.
  19. ninchya

    ninchya GBAtemp Regular

    Apr 22, 2009
    United States
    lol we never know if anyone has been caught and what happened to them, i asked the same question on another forum. All I know is that if u feel endangered just stay off of downloading files for a while and stay away from unsecure sites. Your changes of catching a virus is higher than the fbi knocking down at your door.

    Also Ur IP is beening tracked right know and the fbi is knocking at ur door, take your computer and flashcarts and jump out the window and cross the canadian border u should be safe there. lol [​IMG] [​IMG] [​IMG] [​IMG]
  20. Guild McCommunist

    Guild McCommunist (not on boat)

    May 6, 2009
    United States
    The Danger Zone
    It's right between raping a prostitute and throwing her body into the river.

    Not really. It's as illegal as bootlegging movies, but the fact is that no one cares. The internet can't be regulated to stop it and it's an issue that doesn't really hurt people. Big deal, greedy CEO's get a slightly smaller, albeit gigantic, paycheck. I doubt they'll be losing a wink of sleep if a few thousand copies of a game are pirated.