Is file sharing illegal in Thailand?

[AyG]

Can anyone provide a link to an authoritative source that proves that Internet file sharing of copyright material is illegal in Thailand?

Thanks.

[Morakot]

The official line is no one is file-sharing anything, neither as DVDs on the streets or as torrent packages across the net.

[Johnnie99]

Joke post, right?

[Jingthing]

Watch out for THAI content.

[AyG]

Joke post, right?

If that's a reference to my original posting, then no, it's not a joke post. There's a widespread presumption that file sharing is illegal here, but I can't find any evidence of a law to that effect.

[RickFarang]

Google does it all the time.

[Tywais]

There are three acts that cover variations of it. The key word is piracy, which is what it is.

The computer crime act - not covering copyrights per se, but certain material that in itself would be illegal

The intellectual property act -

Copyright Act B.E. 2537 (1994) covers piracy/copyright - full document here in pdf, look at Section 3. - http://www.stop.in.th/webdatas/download/copyright_act_2537.pdf

And don't forget, the US has put Thailand on a warning list for just such things.

[Jingthing]

This is a can of worms question.

If it was enforced, could they handle the volume of cases?

This is a thing about Thailand.

Pretty much everyone is breaking laws.

This gives power to authority as if they wish, they could technically get almost anyone.

[recycler]

There are three acts that cover variations of it. The key word is piracy, which is what it is.

The computer crime act - not covering copyrights per se, but certain material that in itself would be illegal

The intellectual property act -

Copyright Act B.E. 2537 (1994) covers piracy/copyright - full document here in pdf, look at Section 3. - http://www.stop.in.th/webdatas/download/copyright_act_2537.pdf

And don't forget, the US has put Thailand on a warning list for just such things.

As far as I understand it depends on the content of the file(s). Stay clear of copyright infringements, pornographic material, politically sensitive issues and defaming of high ranking persons and institutions. If you own or have rights to the content or it's rights free, public domain, open source or similar you should be able to share it.

[rhythmworx]

If you download a Warner Brothers movie from LOS you are breaking American law and can be prosecuted in America,

They obviously would have to come and get you and drag you over to their country though.

You would also be paying a huge fine to the Thai police if they found out whether it's illegal by the rule of law or not.

What do they care they just see the brown paper notes.

[AyG]

If you download a Warner Brothers movie from LOS you are breaking American law and can be prosecuted in America,

They obviously would have to come and get you and drag you over to their country though.

You would also be paying a huge fine to the Thai police if they found out whether it's illegal by the rule of law or not.

What do they care they just see the brown paper notes.

If I downloaded the Warner Brothers movie from a computer outside the USA why would I be breaking American law? America has no jurisdiction outside its own borders.

[ryanwiley]

If you download a Warner Brothers movie from LOS you are breaking American law and can be prosecuted in America,

They obviously would have to come and get you and drag you over to their country though.

You would also be paying a huge fine to the Thai police if they found out whether it's illegal by the rule of law or not.

What do they care they just see the brown paper notes.

This is a common misunderstanding, and 100% false. Nobody has ever been criminally prosecuted in America for downloading movies. It is not illegal. Where people get in trouble is SHARING copyrighted material.

Still, people do not get criminally prosecuted for sharing copyrighted material. What happens is that they get sued by the the copyright holder for distributing their content without license.

You can download anything you want. Just make sure your torrent downloading software is set up to disallow anyone from downloading content from your computer.

Disclaimer: I am not a lawyer, and this information is provide for entertainment purposes only. It is not legal advice.

That being said, if anyone can provide any proof that someone has been criminally prosecuted for downloading movies, please post it here for all of us to see.

[wwest5829]

If you download a Warner Brothers movie from LOS you are breaking American law and can be prosecuted in America,

They obviously would have to come and get you and drag you over to their country though.

You would also be paying a huge fine to the Thai police if they found out whether it's illegal by the rule of law or not.

What do they care they just see the brown paper notes.

If I downloaded the Warner Brothers movie from a computer outside the USA why would I be breaking American law? America has no jurisdiction outside its own borders.

International law and treaties have some weight. Thus, every great once in a while, pirate DVD movies are crushed by bulldozers in Thailand, Vietnam, China and elsewhere. The Gucci hand bags? Fake Swiss watches? Please note, it is not just the U.S. law involved.

[schondie]

I don't know about Thailand's laws on downloading but in the UK the crime is to upload and share rather than the downloading.

Regardless of the criminality of file sharing, I think if the authorities were really concerned they would start with the street stall selling bootleg software and music rather than knocking on your door for downloading something.

[NeverSure]

If you download a Warner Brothers movie from LOS you are breaking American law and can be prosecuted in America,

They obviously would have to come and get you and drag you over to their country though.

You would also be paying a huge fine to the Thai police if they found out whether it's illegal by the rule of law or not.

What do they care they just see the brown paper notes.

This is a common misunderstanding, and 100% false. Nobody has ever been criminally prosecuted in America for downloading movies. It is not illegal. Where people get in trouble is SHARING copyrighted material.

Still, people do not get criminally prosecuted for sharing copyrighted material. What happens is that they get sued by the the copyright holder for distributing their content without license.

You can download anything you want. Just make sure your torrent downloading software is set up to disallow anyone from downloading content from your computer.

Disclaimer: I am not a lawyer, and this information is provide for entertainment purposes only. It is not legal advice.

That being said, if anyone can provide any proof that someone has been criminally prosecuted for downloading movies, please post it here for all of us to see.

No it's not criminal in most countries. It is civil and the film owner could sue. The problem for them is that even if they could trace an IP address to your residence at the time of the download, they couldn't prove that it was you who was sitting at the computer.

That further compounds if you have multiple devices behind a router. The defective detective will find only the router.

[wym]

America has no jurisdiction outside its own borders.

Try telling these folk: http://droneswatch.org/2013/01/20/list-of-children-killed-by-drone-strikes-in-pakistan-and-yemen/

[wym]

http://www.nationmultimedia.com/business/Anti-piracy-crackdown-unabated-despite-US-move-30206291.html

From the US Trade Representative office:

Regardless of any treaty limitations, Special 301 could still be used to police compliance with the terms of a TRIPS Agreement during and after the transition period. Due to its success in encouraging nations such as Taiwan, South Korea, and Thailand to adopt stronger intellectual property protection, U.S. intellectual property interests will be loathe to give up Special 301 completely. The USTR has requested and received submissions from U.S. industries suggesting that several nations be included on priority, priority watch, and watch lists.

[Morakot]

Copyright Act B.E. 2537 (1994) covers piracy/copyright - full document here in pdf, look at Section 3. - http://www.stop.in.th/webdatas/download/copyright_act_2537.pdf

In 2009, 25114 arrests were made under the Copyright Act and 8,589,767 items seized.

In 2009, the total number of cases heard in the IP & IT court were: civil division 55, criminal division 2737.

http://www.bunka.go.jp/chosakuken/kaizokuban/asia_kaigi/02/pdf/thailand.pdf

[Morakot]

You can download anything you want. Just make sure your torrent downloading software is set up to disallow anyone from downloading content from your computer.

Disclaimer: I am not a lawyer, and this information is provide for entertainment purposes only. It is not legal advice.

All clients by default share. The onus would be on you to prove that your client for some reason didn't. I'm not aware that someone has manged this as a successful defence.

[bangarang]

If you are obtaining copyright material its Illegal. No matter what country you are in. The chances of you being caught is pretty slim, but either way its still illegal. This must definitely be a lake april fools joke because this is common knowledge. Your stealing from the original creator taking their stuff without their permission so of course its not legal.

[bangarang]

Actually now that I think about it, your putting yourself in a bad situation by bringing this up and even mentioning the company that produced copyright material. If you ever get caught and your computer is searched they will find this question so there goes your "i didn't know" defence.

[Jingthing]

If you are obtaining copyright material its Illegal. No matter what country you are in. The chances of you being caught is pretty slim, but either way its still illegal. This must definitely be a lake april fools joke because this is common knowledge. Your stealing from the original creator taking their stuff without their permission so of course its not legal.

I agree it's illegal and so is prostitution in Thailand.

I think people selling copy goods can be arrested if they don't pay up, but downloaders here, never heard of it, have you?

[speedtripler]

If you download a Warner Brothers movie from LOS you are breaking American law and can be prosecuted in America,

They obviously would have to come and get you and drag you over to their country though.

You would also be paying a huge fine to the Thai police if they found out whether it's illegal by the rule of law or not.

What do they care they just see the brown paper notes.

If I downloaded the Warner Brothers movie from a computer outside the USA why would I be breaking American law? America has no jurisdiction outside its own borders.

you should tell that to Viktor Bout and his lawyers ,christopher coke as well .....and the other russian ... yaroshenko the cocaine smuggler busted in africa i believe

neither had ever been to america in their lives and all are doing 20+ years in some usa prison .......