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The author:(作者)归海一刀
published in(发表于) 2014/2/1 1:00:44
Why is the download disclaimer “Please delete within 24 hours“？ ，

Why is the download disclaimer "Please delete within 24 hours"?
-Infringement links to pirated software, principle-IT haven information Why is the download disclaimer "Please delete within 24 hours"?

I've studied the history of the 24-hour, first of all, it is not a legal requirement. Downloading pirated software and movies in 1 hour no difference between delete and delete within 24 hours, not as a ground for exemption.

Is there a 24-hour rule under the copyright law that allows a user to download a program and use it for 24 hours to determine if they want to continue using it - and then after the 24-hour period they have to delete it or buy it?

No. The 24-hour rule is an urban legend created and circulated to justify violations of international copyright law on the Internet. Infringement may occur by downloading software, uploading software, making software available for download, and transmitting software files without a valid license to do so. Whenever the distribution of a computer program occurs without the consent of the software manufacturer, it is a direct infringement of international copyright laws. The unauthorized reproduction or distribution of a program, even for only 24 hours, is illegal. The amount of time is not an exempting factor.

Source of information: ACDSEE Piracy FAQ http://nl.ACDSee.com/support/piracyfaq

However I noticed that foreign law firms sent a letter seeking to delete infringing links to websites ("notice-take down procedure"), which typically required to be completed within 24 hours, and many major websites such as Google also promised within 24 hours upon receipt of credible reports to remove infringing content. Under the United States Digital Millennium Copyright Act (DMCA) in the "safe harbor principles", as long as the site after being notified by the rights holders, and promptly remove infringing content, you don't have to be subject to tort liability.

"24 hours to delete" argument may and notification to delete infringing links related to the lawyer's letter, but unlike the Web, pirated software and movies downloaded from "safe harbor principles" protecting, so delete within 24 hours could not escape. And the disclaimer has no legal effect.

为什么下载免责声明是“请24小时内删除”？ - 侵权链接,盗版软件,避风港原则 - IT资讯
为什么下载免责声明是“请24小时内删除”？

我以前研究过24小时说法的来历，首先这不是法律规定。下载盗版软件和电影，在1小时内删除和24小时内删除没有区别，都不能作为免责理由。

Is there a 24-hour rule under the copyright law that allows a user to download a program and use it for 24 hours to determine if they want to continue using it - and then after the 24-hour period they have to delete it or buy it?

No. The 24-hour rule is an urban legend created and circulated to justify violations of international copyright law on the Internet. Infringement may occur by downloading software, uploading software, making software available for download, and transmitting software files without a valid license to do so. Whenever the distribution of a computer program occurs without the consent of the software manufacturer, it is a direct infringement of international copyright laws. The unauthorized reproduction or distribution of a program, even for only 24 hours, is illegal. The amount of time is not an exempting factor.

出处：ACDSEE Piracy FAQ http://nl.acdsee.com/support/piracyfaq

不过我注意到国外律师事务所给网站发函要求删除侵权链接时（“notice-take down procedure”），一般都要求在24小时内完成；而很多大型网站比如Google也承诺在收到可靠举报后在24小时内删除侵权内容。根据美国《数字千禧年版权法》（DMCA）中的“避风港原则”，只要网站在接到权利人的通知后，及时删除侵权内容，就不用承担侵权责任。

所以“24小时删除”的说法可能和通知删除侵权链接的律师函有关，但和网站不同，盗版软件和电影的下载者不受“避风港原则”保护，所以24小时内删除也不能免责。而该免责声明也没有法律效力。

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