Summary: Torrent files are used by bitTorrent file sharing and downloading technology. Are they illegal? No. But something else might be.
Downloading Torrent Files, is it illegal?
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No it's not.
BUT WAIT ...
Before you run off and start downloading last week's bootlegged theatrical movie release, you really need to understand why that particular download and others like it probably are illegal.
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(Caveat: I'm basing this on my knowledge of the current state of Copyright law. Please, realize I'm no lawyer, and this shouldn't be taken as legal advice. This is mostly just common sense with the high level concepts we're talking about.)
"Torrent" files are, specifically, a small file of information used by a file sharing technology known as "bitTorrent". To be super pedantic about it, because the ".torrent" file itself just has some administrative information in it, there's nothing wrong with downloading it.
But that, of course, is not what you meant.
The word "torrent" is also frequently, though incorrectly, used to refer to the actual files being shared using bitTorrent. So while you might use the ".torrent" to initiate a download, most people call the download itself a "torrent" as well. And that's more than likely what you're asking.
But here's the catch: bitTorrent is nothing more than a file downloading technology. It's highly efficient, optimized for large files and for decentralized storage of the files being downloaded, but ultimately it's nothing more than a way to copy a file down to your machine.
Copying a file to your machine is not illegal.
The technology used to copy a file to your machine is not illegal.
In some ways you could just as well ask "Is it legal to download files from the web?", to which the answer is (obviously, I hope), of course it's legal. We do it every time we view a web page.
The problem comes from looking at exactly what kinds of files are being downloaded.
Downloading copyrighted files without permission is illegal. And it doesn't matter what technology you happen to use to do it: bitTorrent, FTP, web downloads, email or getting a CD in the mail. If the material is copyrighted and you didn't pay for or otherwise get the legal right or license to receive those files, those are all copyright violations.
Unfortunately bitTorrent technology has become confused with illegal file sharing simply because so much of that illegal activity uses that technology.
So let's be clear: the technology is legal. BitTorrent is legal. Torrents are legal. But using bitTorrent or any other technology to download copyrighted material that you don't have the right to is not.
And yes, bitTorrent and bitTorrent-like technology can most definitely be used for totally legal activities. As just one small example I believe many Linux distributions are often made available as torrents. Perfectly legal, and exactly the kind of large download that bitTorrent technology was designed for and excels at.
Sadly, people who should know better either don't, or are purposely using that confusion to further their own agenda. We've heard of ISPs and other facilities blocking or throttling bitTorrent file transfers, or politicians suggesting they do so, "because it's all illegal". It's not. Along with blocking the illegal file sharing that's going on, doing so also blocks the legal and appropriate use of the technology as well.
Related:
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Ask Leo! - What's a "torrent"?
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Ask Leo! - Just how long should a download take?
Article C3403 - June 2, 2008
"Please correct me on this if i have made a mistake. All music, software , text files, videos etc are illegal downloads if they have a copy right on it.
Lets say thats true, i have downloaded games online and was found later on because i was sharing it. Is it possible to just download torrent files for yourself and not get caught and arrested for copyright infringement or theft?" this is an interesting comment, quite frankly http://www.isitlegalto.com should answer is it illegal to have some free legal advice and fun.
Posted by: blueexpresso at May 25, 2009 8:09 AMso there's really no point of torrenting? because most of the downloads are capable of movies, films, magazines, etc. What is there that "isn't" copyrighted because everything is?
08-Aug-2009
Posted by: Lee at August 7, 2009 2:58 PM
Can a copyright owner create a version of his material with trojan horse or other malware to trick pirates? If they do, are they subject to the same "computer terrorisism" laws?
Posted by: Terry Cham at August 20, 2009 10:49 PM"Is it illegal to download torrent files?" - No
"Is it illegal to upload torrent files?" - Yes, in some circumstances
Your question is incorrect.
28-Aug-2009
Today I received the email of if you stop we wont prosucute if you dont we'll shut off your connection and prosucute to the full extent of the law. I'v chosen to stop, delete all the torrent files and shut utorrent down. After my sister got off the phone with the isp I learned that it wasn't the downloading they cared about as much as the uploading. I'v alway's known uploading was very illegal so I alway's stopped the seeding as soon as the download was finished. We all know that without people seeding the is nothing to download but seeing that it was illegal I alway's chose not to. Little did I know that even if the file was stopped didn't mean other people couldn't access it. This didn't make much sence to me and even felt my privicy was violated. The bottom line is getting or giving copyrighted material is against the law, so I ask this, Why is it so easy and tempting to get torrent's.Everybody loves to save some money sometime's and I, like all of you have given these gripping companies thousand's of dollar's that I figured well, a little torrent here, a little torrent there, who's the victim? Well I guess there is a victim, one I'm very simpathetic towards too, you know, those giant cooperation's with KaBillions of dollar's that Bi%*h and moan everytime there copy right's are infringed apon, by honest hard working people in a world and an econimy that's destined toward's Hell for tring to save a buck. Maybe they should go after some of these companies for more taxes instead of giving huge tax break's. Maybe, just Maybe then some of that money will trickle down to us torrent downloader's and we'll have enough to put food on the table and go to the movie's, or buy software, or purchase CD's. My point is, there's no question in my mind that it's illegal, just that they might be barking up the wrong tree. Keep in mind that a small percentage of the population even know's what a torrent is. As for me, you wont catch me downloading torrents anymore, not because I dont want to but because I was asked to stop, OR ELSE!!! God know's I don't want the Internet police showing up at my door. Everyone take care and thank's for listening. Jay
Posted by: Jay at September 24, 2009 3:19 PMthe sad thing is we get accused for opening a torrent just to see the contents.
they track the ip report it to your isp.
i have proven it many times.
and they constantly email me telling that i am downloading illegal pirated content.
when all im doing is reading the contents.
mainly to see the types of files. or download the readme only i get these stupid emails.
i have come across virus's in these torrents also.
and some times just looking for missing dll files also. when packaged properly we could download dll files that we are missing or needing or even drivers.
this whole internet policing is getting overboard. and im about to cancel my net if this bull continues and they will lose more taxes cause more and more of us refuse.
how do u prove you own something if the original is lost damaged or stolen?
i love to view contents of torrents cause many times its not what it says it is. download a torrent then it opens another torrent and we get tricked.
i know many have found that.
who owns it if the company is no longer?
im done ranting good luck all.
SUPPORT OUR FREEDOM & STOP THE OVER PRICING THEY ARE DOING TO US...
Posted by: mike bull at October 15, 2009 3:28 PMBUY FROM OTHER COUNTRIES WHERE ITS CHEAPER....
TRUST ME OTHER COUNTRIES GET IT DIRECT FOR 1/4 the price sometimes 1/8th the price
I just recieved a cease and desist regarding a piece of Adobe photoshop that I downloaded from a torrent site. The file I downloaded was a trial, and it was infected, so I got rid of it immediately. I actually complied before I was even warned. How can me the user, prove that I did not use it, and them the copyright holder prove that I used the software, or rather did not. They can obviously prove that I downloaded it, there is no denying that, but since it was a trial version anyways, it seems that it's not just what I downloaded, but where I downloaded it from. I did activate the trial that I recieved, but it had an infected executable anyways.
I was initally downloading the same software from the adobe website on a trial basis, but it was terribly slow, and I have downloaded trials from torrent sites before and this has never happened up until now.
Confused, and somewhat concerned.
Michael
18-Oct-2009
Hey,
well,um yea,my cousin downloads alot of games with his brother and he started a GTA4 download and now i'm wondering if im going to get arrested or fined??? The only other thing i have downloaded was a adobe trial which was really big and boring...So yea that really my question
Failure
Posted by: Im a failure at October 21, 2009 9:08 AMI downloaded a game from what I thought was a real company but come to find out I had paid a person that had no connection to the game at all and then they threatened to charge me for copy right infringement so be careful.
Posted by: Brandi at November 3, 2009 5:11 PMHi
Posted by: Sahhumah at November 16, 2009 8:14 AMThank you so much. I got the full benefit from this. My question is: I have read in some sites that the torrent is legal. I do need to download so many things I can not pay for. Can't the companies stop them? Why do not they do it?
peace