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Obviously there are a bunch of steaming sites, for video/music such as youtube, dailmotion,and then there are sites like tv-links that provide links to streams for movies and TV shows. Now I realize that it is against the terms of service to upload such videos (I would assume illegal as well).
However I haven't really seen or heard anything about if streaming them is actually illegal...does anybody know? I would assume it is but its really difficult to track/prove so they haven't tried prosecuting individuals and have just gone after the sites themselves. I attempted a Google search but couldn't find anything that looked like a legit answer.
Please keep pro/anti piracy debate to a minimum...I stream stuff quite frequently so I'm just asking cause I'm curious not because I'm worried about getting in trouble for it.
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As long as it's not P2P (or kiddie porn), watching is either legal or at least never prosecuted in the U.S.
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IANAL (but who here is?)
I think sites like YouTube are immune to prosecution for their content, per the "Safe Harbor" provision in the DMCA. They accept submissions from the public ("anyone could upload it"), and they will remove content if the owner of a copyrighted work points it out to them.
I don't think the "Safe Harbor" provision would apply to people who choose what they broadcast themselves.
Maybe you're asking about viewers of such sites. I have absolutely no clue there.
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I'm pretty sure it's legal because you don't have possession of any of the content; you are only viewing it. Copyright laws are only broken when you create copies (duh) by downloading a song or burning a dvd or whatever.
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Technically, viewing it will create multiple (!) copies on your computer: in your network stack, in your video/audio cards, in your ram, in your CPU cache, in your hard drive (Windows Temp folder). And viewing a site requires you to download the contents first.
Oh, right, you're also creating a mental copy of it in your head. That's the one that matters, but the one no one can prove (yet), which is why people usually go for electronic or hard copies when they're trying to prove copyright infringement.
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Streaming may be illegal for the vendor, but not for the viewer. (unless of course.. child pr0n)
In order for the viewer to break copyright laws, he/she must have produced a copy of the material. Streaming typically do not have the "save" function and is therefore not illegal. (despite you did receive a full copy of the data) If this was illegal, then going to visit any website is illegal because your computer keeps the temp files.
Therefore, viewing a video on youtube that was pirated will not cause you any legal troubles, although youtube can get sued for hosting it.
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5377 Posts
On January 30 2008 15:45 dybydx wrote: Streaming may be illegal for the vendor, but not for the viewer. (unless of course.. child pr0n) Correct. The only illegal part about HAVING mp3/movies on your computer is that you HAVE them. Streaming is not illegal because the host with the files is someone else.
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I don't know if we're talking about technical legality or reasonable expectation of enforcement.
From what I know, a literal interpretation of the DMCA (is there any other valid way to interpret a legal document?) results in any copying, at all, of any copyrighted material is liable to be copyright infringement. Including, as I said before, copies in your RAM, on your computer monitor, anywhere.
This means that yes, it is illegal (even for the viewer). Ridiculous, you'll probably agree. But technically true.
Practically, no one has a reason to worry about being prosecuted for viewing such material. But I don't think the OP is actually worrying about getting sued.
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BottleAbuser:
i believe DMCA interpretation is subject to the fair use clause. http://en.wikipedia.org/wiki/Fair_use
i mean if someone post crap up on the internet, the obvious intended use is to have it viewed by the public. copying the files into ur temp folder qualifies as fair use.
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I'm talking about copyrighted works, not just anything on the internet. Let's say the producers of a music video (which they copyrighted) didn't intend to have it up on YouTube, and someone else illegally uploaded it in full, and you subsequently viewed (downloaded, copied) it. Not fair use (you're not using just parts of it for a critique, or making a parody, etc). Technically illegal. No one's gonna go after you for it, though.
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it would still be fair use because youtube is subject to copyright law compliances. thus viewers can reasonably expect the videos are not in violation of copy right laws.
since there is no way for the user to find out the work is in fact illegal until the copy is produced, they can not be held liable in theory.
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Copyright laws in my opinion are seriously a joke. Apart from movies and music albums, I've never even heard of it being enforced. Anyhow the only way they'd get you for infringing the law for copyrighting is catching you in the act of stealing/recording/etc.
And since when has illegal activities stopped anyone from doing something? It's only encouraged them to do it!
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maybe a bit off topic, but i remember seeing a photocopier at EVERY public library i've been to.
i mean.. a photocopier in a library? i wonder what its used for :p
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Okay, I think we can conclude that the answer to the OP can be found by examining the DMCA. Any lawyers here?
Now that I think of it, this isn't the place to come for legal advice. The OP seems to be asking a legal question, we're not qualified to answer.
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:p comming to an SC forum asking for copyright advice is like getting advice from paris hilton on rock science.
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Zurich15234 Posts
I wonder what rock sience is....
I can speak for Germany: You are definitely NOT liable in any way if you're consuming streams of TV shows. You are only liable if you know for sure that the streams are offered without permission of the copyright holders. Which you don't.
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Bosnia-Herzegovina1381 Posts
On January 30 2008 18:50 dybydx wrote: :p comming to an SC forum asking for copyright advice is like getting advice from paris hilton on rock science.
except there are law majors here.
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On January 30 2008 17:08 dybydx wrote: maybe a bit off topic, but i remember seeing a photocopier at EVERY public library i've been to.
i mean.. a photocopier in a library? i wonder what its used for :p
Why pay money to photocopy the books? It is a library.
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Hi BottleAbuser,
I thought you made some excellent comments on streaming and have quoted some of them, with attribution, in a short piece on streaming on this site: http://bentsocietyblog.blogspot.com/2008/11/row-row-row-your-boat.html. I hope that you do not mind - I will remove if you have any objections.
(Apologies for bumping this, but giving credit where credit is due must count as good reason).
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