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Downloading or uploading is neither legal or illegal, it all depends on what it was downloaded for. There are limitation to liability in the DMCA that is if it was intended for a promotional use instead of non-commercial, personal use, then that person is violating the DMCA. This was addressed as The Supreme Court stated in MGM vs. Grokster in 2005 that one who distribute the device to promote it's use to infringe copyright is liable. However, the DMCA does not completely outlaw redistribution of materials in anyway whether in person, or through Torrent or p2p clients or elsewhere online. And once a distribution is made, the Artists has no control of them. You owns what you possess and it's your right to do whatever you want to with it.

As long as the materials were distributed or released under agreement of the authors or inventors, you do not need the authorization to redistribute them to another person or make many copies as you want. This is exempted from the DMCA notice.

File sharing does not by itself infringe copyright and so therefore it's not illegal to download or upload anything as long as they are intended for personal use.

- I worked as a trial Lawyer and graduated from University of Georgia for nearly 7 years.

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Q: Is downloading music illegal if you do not upload anything. Where in the DMCA does it mention this issue?
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