Downloading, is it legal or illegal?

Wikipedia describes downloading in computer network means to receive data to a local system from a remote system, or to initiate such a data transfer.

Downloading is the transmission of a file from one computer system to another, usually smaller computer system. From the Internet user's point-of-view, to download a file is to request it from another computer (or from a Web page on another computer) and to receive it. Thus when you send an attached file with an e-mail note, this is just an attachment, not a download or an upload.

Is it legal or illegal? When do we know that we violate the law and commit infringement?

It depends on the source and kind of data we download. When we download the data from the copyright owner or its authorized agent, with its consent, the act is legal. If the download is without consent or from other sources it is illegal. This is because the Philippines laws recognizes the exclusive right of the copyright owner to carry out , authorize, and prevent among others distribution and display of his work. Thus, even if we validly acquire a copyright material we have no right to redistribute the same.

Though there are instances wherein downloading from other sources may be legal. This happens when the copyright owner previously allowed redisribution of his work by other persons an example of these are free wares and open source softwares.

Infringement is prevalent despite the knowledge of its illegal distribution because intellectual property is territorial in nature. Generally protection and enforcement is limited witih the territorial jurisdiction of the state wherein the materials are registered and the rights intellectual property holder recognized. There are exceptions to this rule, even if a material or data is not registered within a country, it still may be protected and the rights of the intellectual property holder be recognized, if the country is a a signatory of a treaty or convention wherein the country the holder registered its materials or data.

The problem exists when the infringing person or domain or server is residing in a country not belonging to the same state where the material is registered, nor any other country wherein the recognizing country has existing treaty or convention. The holder or the intellectual property and the State has no means or power to prevent the unlawful acts of the person, domain or servers that promotes, abet or facilitate the acts of infringement.

In response to this, the United States has now two bills underway that addresses this problem and to further strengthen its fight against intellectual property violations or infringement. These are the Stop on Piracy Act and Protect IP Act. In addition to these is the ACTA Treaty. These will strengthen the implementation of intellectual property laws and deter infringement