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<blockquote data-quote="Foxi4" data-source="post: 4950641" data-attributes="member: 203855"><p>I'm afraid that it's not invalid - it's entirely factual, although matters like this vary from country to country, so we'll have to use the U.S example since you're U.S-based.</p><p> </p><p>Let's see:</p><p></p><p>Keywords in bold, especially the <em><strong>exclusive</strong></em> part. If you're not an owner of a copyright or have the owner's express permission, you cannot legally distribute, copy or perform copyrighted work. Let's go on.</p><p></p><p>The more you know - hosting, sharing and downloading illegal copies of copyrighted content instead of paying for it is... well, illegal. Who would've thought?</p><p> </p><p>The case above is relatively mild in comparison to what a BitTorrent one could be as Gonzales was only charged under the reproduction right <em>(17 USC 106(1))</em>, <em>not</em> accused of illegaly <em>sharing</em> aka <em>"distributing" </em>the files under the distribution right <em>(17 USC 106(3))</em>. The nature of the BitTorrent protocol is that <em>you simultaneously download and upload content to and from other peers</em> - this means that <em>whether you like it or not</em>, you are a cog in the <em>distribution machine</em> and you <em>are</em> liable to have charges pressed <em>against you</em>. Technically you could leech, but that won't take you far on most BT trackers which have long since introduced Ratio systems to control traffic on a <em>"you share, you receive"</em> basis.</p><p> </p><p>As far as <em>viewing</em> illegal <em>(we've established that they're illegal now on the same token as any illegal upload is)</em> streams is concerned, the law is vague in this regard and I would wager that such matters are treated on an individual basis. Technically speaking, when watching a stream, you are a passive viewer. You don't take part in the infringing process - the uploader <em>(direct copyright infringement)</em> and the hosting service <em>(secondary copyright infringement, but subject to debate)</em> does.</p><p> </p><p>This might not always remain the case though - one could argue that during streaming, the data <em>is</em> sent to your computer, however momentarily, creating a new, temporary copy of the infringed work which is then projected onto the screen, but I've heard arguments that it is so <em>"fleeting"</em> in nature that it would not stand in the court of law.</p><p> </p><p>Another problem here is also so-called <a href="http://en.wikipedia.org/wiki/Secondary_liability#Contributory_liability" target="_blank">contributory liability</a>. Although not codified, this kind of liability is established on a case-to-case basis and it does not have to be a result of any active involvement in the process of distribution or copying, rather in the act of enabling or benefitting from said act as a third party. This means you, stream-viewer. Although contributory liability was often approached from the <em>"enabling"</em> viewpoint <em>(Sony vs. Universal City Studios and Betamax which allegedly "enabled" creating pirated copies)</em>, I can see how the <em>"benefiting"</em> angle could be used as well - you use a free streaming service fully aware of the fact that the copies are illegal <em>and you benefit</em> as you get to watch the content, meaning you keep a blind eye to illegal activity.</p><p> </p><p>Either way, it's definitely something that copyright-protecting organizations have a spyglass over.</p><p> </p><p><em>Notwithstanding</em>, [USER=109594]BortzANATOR[/USER] wants to view <em>legal</em> streams which give a portion of their proceeds to the copyright holders - he's not interested in illegal downloads <em>or</em> watching streams on illegal hosting or linking sites.</p><p> </p><p>And yes, we could argue about this all day, but smarter heads than ours have gotten bruised time and time again in this process.</p></blockquote><p></p>
[QUOTE="Foxi4, post: 4950641, member: 203855"] I'm afraid that it's not invalid - it's entirely factual, although matters like this vary from country to country, so we'll have to use the U.S example since you're U.S-based. Let's see: Keywords in bold, especially the [I][B]exclusive[/B][/I] part. If you're not an owner of a copyright or have the owner's express permission, you cannot legally distribute, copy or perform copyrighted work. Let's go on. The more you know - hosting, sharing and downloading illegal copies of copyrighted content instead of paying for it is... well, illegal. Who would've thought? The case above is relatively mild in comparison to what a BitTorrent one could be as Gonzales was only charged under the reproduction right [I](17 USC 106(1))[/I], [I]not[/I] accused of illegaly [I]sharing[/I] aka [I]"distributing" [/I]the files under the distribution right [I](17 USC 106(3))[/I]. The nature of the BitTorrent protocol is that [I]you simultaneously download and upload content to and from other peers[/I] - this means that [I]whether you like it or not[/I], you are a cog in the [I]distribution machine[/I] and you [I]are[/I] liable to have charges pressed [I]against you[/I]. Technically you could leech, but that won't take you far on most BT trackers which have long since introduced Ratio systems to control traffic on a [I]"you share, you receive"[/I] basis. As far as [I]viewing[/I] illegal [I](we've established that they're illegal now on the same token as any illegal upload is)[/I] streams is concerned, the law is vague in this regard and I would wager that such matters are treated on an individual basis. Technically speaking, when watching a stream, you are a passive viewer. You don't take part in the infringing process - the uploader [I](direct copyright infringement)[/I] and the hosting service [I](secondary copyright infringement, but subject to debate)[/I] does. This might not always remain the case though - one could argue that during streaming, the data [I]is[/I] sent to your computer, however momentarily, creating a new, temporary copy of the infringed work which is then projected onto the screen, but I've heard arguments that it is so [I]"fleeting"[/I] in nature that it would not stand in the court of law. Another problem here is also so-called [URL='http://en.wikipedia.org/wiki/Secondary_liability#Contributory_liability']contributory liability[/URL]. Although not codified, this kind of liability is established on a case-to-case basis and it does not have to be a result of any active involvement in the process of distribution or copying, rather in the act of enabling or benefitting from said act as a third party. This means you, stream-viewer. Although contributory liability was often approached from the [I]"enabling"[/I] viewpoint [I](Sony vs. Universal City Studios and Betamax which allegedly "enabled" creating pirated copies)[/I], I can see how the [I]"benefiting"[/I] angle could be used as well - you use a free streaming service fully aware of the fact that the copies are illegal [I]and you benefit[/I] as you get to watch the content, meaning you keep a blind eye to illegal activity. Either way, it's definitely something that copyright-protecting organizations have a spyglass over. [I]Notwithstanding[/I], [USER=109594]BortzANATOR[/USER] wants to view [I]legal[/I] streams which give a portion of their proceeds to the copyright holders - he's not interested in illegal downloads [I]or[/I] watching streams on illegal hosting or linking sites. And yes, we could argue about this all day, but smarter heads than ours have gotten bruised time and time again in this process. [/QUOTE]
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