In article <201201201025.q0KAPdM5040190@mail.r-bonomi.com>, Robert Bonomi <bonomi@mail.r-bonomi.com> writes
I suspect most file sharing site don't have illegal content. Most would have some content that is there without the permission of the copyright holder. These are different things.
<nitpick> "Without the permission of the copyright holder" _is_ contrary to statute, and thus 'against the law'. As such 'illegal' is _not_ an incorrect term to apply to the situation.
It may not be a _criminal_ violation, but it is still proscribed by law.
"Illegal" and "criminal" -- _these_ are different things.
Junk faxing is illegal, Telemarketing calls to cell phones are illegal, Public distribution without the permission of the copyright owner is illegal.
Except in special cases, none of those actions are _criminal_, but they are all violations of law, and thus _illegal_.
Claiming that a thing is not 'illegal' if it is not 'criminal', is similar to asserting "it's not a crime if you don't get caught".
</nitpick>
As is common in most industries there are expressions in the world of Internet Governance that are jargon, and have agreed meanings in that context. "Illegal Material" is reserved for content which is illegal to possesses and/or distribute (even if, and possibly even more so, if you originated it). "Harmful Material" is content which is legal to possess but is nevertheless regarded by many as immoral or highly undesirable within some framework of commonly held values. "Infringing Material" is content which is held without a legitimate rightsholder's permission. -- Roland Perry