third party streaming illegal in eu

[ProjectBox153]

Just now, Rangaman42 said:

I don't even think NZ ISPs even check what we do.. My younger brother torrents hundreds of GB worth of movies games and junk every month, no one seems to care.

My ISP doesn't care (Spectrum formerly TWC) about what we do. I don't do anything "bad" but you know. 

[2FA]

5 minutes ago, Syntaxvgm said:

then I don't see what' out of the norm for this. 

It's more about what constitutes copyright infringement.

 

As far as I'm aware, at least in the US, you cannot be hit with copyright infringement for downloading copyrighted material. It only stops the distribution of said material. Streaming is a bit different as you're not uploading a file in the normal sense, you're making it viewable, I guess. 

 

This case had to with whether or not that constitutes distribution.

[Syntaxvgm]

7 minutes ago, DeadEyePsycho said:

It's more about what constitutes copyright infringement.

 

As far as I'm aware, at least in the US, you cannot be hit with copyright infringement for downloading copyrighted material. It only stops the distribution of said material. Streaming is a bit different as you're not uploading a file in the normal sense, you're making it viewable, I guess. 

 

This case had to with whether or not that constitutes distribution.

ok that makes a lot of sense and you are right. That's slightly alarming. The law has always leaned toward the distributors and not the consumers, and I believe that is the correct approach. Me downloading publicly available information is not the same as the person making something publicly avaible without the rights to do so. In such case a parallel would be it being illegal to listen to someone tell you information you have no right to, or overhearing music you or the person playing it didn't pay for. Like if I radio station played music they didn't have rights to and you tunbed in, that would be a parellel? Maybe, idk could be bad analogy

[ARikozuM]

3 minutes ago, Syntaxvgm said:

ok that makes a lot of sense and you are right. That's slightly alarming. The law has always leaned toward the distributors and not the consumers, and I believe that is the correct approach. Me downloading publicly available information is not the same as the person making something publicly avaible without the rights to do so

Agreed, but I think the law should stop at the use of digital media for personal consumption. Example: A consumer ripped the Matrix from a DVD purchased when the movie was released and having it digitally stored, in a personal cloud, should still be within consumer rights for their enjoyment.

[Droidbot]

18 minutes ago, Princess Cadence said:

In Brazil they don't even bother lol

in AU they dont even send mail, they dns block sites but thats all

 

[SpaceGhostC2C]

42 minutes ago, Daniel22 said:

The European Court of Justice this week ruled that streaming movies or any sort of media without the right holders' permission is now ILLEGAL

 

I found out about this today when I was browsing for Kodi addons.

 

Now owning Kodi itself is NOT illegal. Kodi's main purpose was to stream your own virtual library content.

If the content belongs to you it is perfectly legal. However, if you use a third party addonthat allows you

to view movies then that is copyright infringement 

 

If you know someone who streams movies or any sort of media for "free" please inform them about this

 

The article is FULL of errors. It's basically useless. They didn't even bother to read the PDF (neither did most people replying here ) To list a few:

 

Quote

Downloading pirated copies of movies, music, and television shows has always constituted copyright infringement.

No, it never has, and still isn't. UPloading is copyright infringement. No change here.

Quote

However, streaming the same content was previously a legal grey area.

Streaming as in UPstreaming. And no, no grey area, it was already illegal as well. That's how online streams of live sport events, for example, get taken down all the time.

Quote

This loophole enabled those who sold set-top boxes, like those powered by the Kodi media player software, to promote the easy facilitation of piracy via streaming.

That's what we are talking about. No down- anything, whether -loading or -streaming was illegal nor was made illegal. And all up- parts were already illegal. The rulling is about the sale of illegal-streaming-ready boxes, i.e., Kodi boxes pre-loaded with addons enabling users to receive illegal streams. That was the grey area, because sellers argued that the boxes themselves didn't infringe copyright when sold. Only if someone used them o receive the illegal stream would copyright be infringed (by the sender), but that didn't need to happen nor was in their hands. The ruling took a position in this controversy by saying that the boxes that make it easier to distribute content illegally are ilegal themselves.

Quote

But this week's landmark EU verdict means pirate streams are now on the same legal footing as illegal downloads.

No, they are not making pirate streams legal, as downloads are.

 

37 minutes ago, Raskolnikov said:

What's the penalty? 

The penalty for what? Selling the boxes? I guess they could get the sellers closed down, but probably some cease-and-desist type of thign would come first. Would have to read further

 

22 minutes ago, Insp1r3 said:

I don't understand why they bothered. This was something that was illegal before anyways, but if they're passing this in order to gain some support for enforcement against copyright infringement, they are going to get nowhere because people are still going to do it anyways.

The legal status of pre-loaded boxes wasn't as clear-cut. Yes, they can still sell them illegally, like so many other things, but probably the sellers would rather do it legally, and it will probably hurt their sales.

 

13 minutes ago, Jamiec1130 said:

Why don't they go after the people offering the content and add ons?

It's exactly what they are doing - well, it's exactly what they were already doing, they are just now including those who sell pre-loaded boxes in the list. (Correction: they were and are going against the ones offering the content, not sure what the status of making the addon was - probably grey area as well since the kodi box issue wasn't settled. But probably they are next?)

[crzyces]

Yes, and in 1983 their wa an uproar that people were recording songs from the radio *gasp*. And then, people recorded movies and TV shows on Betamax and VHS machines, It gets worse. Sometimes, people would sell these in back alley deals in the back alleys of Manhatten. Then CD's which would constantly get scratched. People made duplicates, most for themselves, as losing a $60 game or a $500 creator suite (this is mid 90's) because you had to insert the disk every time you used it, well they would get nicked. Big no no.

 

I say arrest them all! It's not like jails are not overcrowded with non-violent offenders/non personal theft felons. Maybe this time they'll get it right, and STOP WASTING MONEY ON SOMETHING BORDERLINE USELESS. Idiots. Oh wait, then they'd also have to look at the 7 million tax payer dollars spent on slightly congressional  hearings about slightly deflated footballs. Stupid.

[Daniel22]

I quickly wanna apologize. Streaming really has always been illegal. I'm sorry just wanted to correct myself. This ruling is very much a statement that the matter is going to be taken seriously

 

I don't want to see people who watch movie streams prosecuted. I think companies should first focus on stream providers gradually till the most popular providers are gone

 

Just a reminder. If it's your own private media stream that include movies or songs you legally bought in a DVD store as an example is legal.

[mad dudy]

1 hour ago, Jamiec1130 said:

My ISP doesn't care (Spectrum formerly TWC) about what we do. I don't do anything "bad" but you know. 

i have Spectrum and they do care. i was seeding a hbo show then one day they cut my internet until i hit a i wont do it again thing. got a letter in the mail a few days later also.

[2FA]

1 hour ago, Daniel22 said:

I don't want to see people who watch movie streams prosecuted. I think companies should first focus on stream providers gradually till the most popular providers are gone

 

You legally can't be prosecuted for watching or downloading a stream. The laws specifically are in regards to uploaders.

25 minutes ago, mad dudy said:

i have Spectrum and they do care. i was seeding a hbo show then one day they cut my internet until i hit a i wont do it again thing. got a letter in the mail a few days later also.

 

That's different because you are distributing the material when seeding.

[ProjectBox153]

27 minutes ago, mad dudy said:

i have Spectrum and they do care. i was seeding a hbo show then one day they cut my internet until i hit a i wont do it again thing. got a letter in the mail a few days later also.

That's because you were distributing the content. I don't do that, and they don't give a shit about me.