Legal subjectivity:

The website has gathered a lot of popularity by providing free services. At the same time, the majority of netizens have experienced the great charm of the Internet through free services. The positive role of free services is unquestionable. . However, I'm afraid you have never thought that some free services may violate legal regulations and infringe on the legitimate rights and interests of others. As for whether "free downloading of musical works" constitutes infringement, specific issues need to be analyzed in detail: Copyright laws in various countries generally stipulate that the author of a musical work enjoys copyright, and others may not illegally use and disseminate the musical work without the author's permission, otherwise will constitute infringement. Some websites put unauthorized music works in public places and allow netizens to download them freely. This is undoubtedly an illegal dissemination behavior. Since a large number of Internet users can obtain the music work for free, the music author loses a large potential market, and the money and labor invested in the creation process cannot be properly compensated. Most websites that provide "free download" services state that they should not bear infringement liability on the grounds that: we do not make any profit from this behavior. Can this defense be established? The author believes that whether a behavior constitutes infringement should not be judged based on "whether it is profitable." Because, from the perspective of legal theory, to judge whether an act is an infringement, it only needs to meet three elements: illegal behavior, damage consequences, and the causal connection between the behavior and the consequences. From the perspective of judicial practice, there is no domestic or foreign precedent that "no infringement occurs without profit". From the above analysis, we can see that downloading other people’s copyrighted works for free without permission constitutes infringement.