Streaming content via websites and forum links.

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Streaming content via websites and forum links.

Postby Templar+ on Wed Apr 16, 2014 10:40 am

I know there are alot of smart people that are here in the community so i have a question i have been curious about:

What is the legality of websites that stream content like sports or movies is it just as illegal as say downloading via bit torrent sites or not? (as being the host) And also say you linked streamed content to a community forum what are the legal implications of that are there any grounds for legal action?
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Re: Streaming content via websites and forum links.

Postby ApacheFlame on Wed Apr 16, 2014 11:24 am

Certainly a number of these purely streaming sites have been blocked by ISPs like Sky and BT, which should indicate that someone thinks they're illegal. Although in truth I don't know where the law stands on it in terms of copyright theft.
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Re: Streaming content via websites and forum links.

Postby Unspecified on Wed Apr 16, 2014 12:45 pm

I'm obviously not a lawyer, but my understanding is that copyright infringement is copyright infringement. The law or the courts don't particularly care about the technical methods used (bit torrent, streaming, printing it out frame by frame etc) - the infringement occurs for all of them.

If you are hosting or otherwise 'making available' copyrighted content without the owners permission then you are "distributing copyrighted material" which can be a criminal offense in the UK, so the people making/uploading/hosting the stream are definitely breaking the law.

If you are just watching a stream then its still a civil offense i think, but less serious as you aren't distributing anything. The people who get in trouble for using bit torrent normally do so because their client is uploading as well as downloading, so they get done for the "making available" part of the uploading. Doesn't mean the downloading is legal though.

As to if the operators of a forum are guilty of something if somebody posts a link on their forums that points to copyrighted content, im not sure to be honest. FACT think it is:
Both hosting unauthorised content and providing links to unauthorised content is illegal.
. I think so long as the operator took down any links when notified they are infringing content then the liklihood of being sued is pretty small, unless your site is basically just there to help people get illegal content and people post it back up as soon as you take it down. There are various exemptions for catagories of service provider (such as your isp, search engines like google or public distribution sites like youtube) so long as they respond to the relevant take down requests, but i dont know if a small forum would qualify.
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Re: Streaming content via websites and forum links.

Postby Templar+ on Wed Apr 16, 2014 12:58 pm

Just to make clear i have absolutly no intentions to do anything that is questionable :P I tried to find info about the subject on the net after debating it with a friend but there isn't much info about it so was a really grey area for me but great explanation on the subject :)
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Re: Streaming content via websites and forum links.

Postby coldandtired on Wed Apr 16, 2014 12:59 pm

It doesn't really matter whether it's illegal or not, but whether you have the resources and energy to fight a case started against you.

The system is stacked very strongly for the content providers.
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Re: Streaming content via websites and forum links.

Postby Security on Thu Apr 17, 2014 11:17 am

Templar+ wrote:I know there are alot of smart people that are here in the community so i have a question i have been curious about:
What is the legality of websites that stream content like sports or movies is it just as illegal as say downloading via bit torrent sites or not? (as being the host) And also say you linked streamed content to a community forum what are the legal implications of that are there any grounds for legal action?

The act of streaming the content without consent is illegal.

Linking to the same content is illegal in many countries but also allowed in many others. I believe it is illegal in most western countries, the more important question here might be who is held responsible, the poster, the owner of the forum, sometimes both...

Often if the owner of the forum can show that they actively removing the infringing links or have a option for a DMCA request (which you also actively act upon) then you shouldn't really run in to any problems.

Unspecified wrote:Doesn't mean the downloading is legal though.

The EU court has straight out said downloading from an illegal source is simply not allowed not even when the country in question compentates artitst through a piracy levy.

Templar+ wrote:Just to make clear i have absolutly no intentions to do anything that is questionable :P I tried to find info about the subject on the net after debating it with a friend but there isn't much info about it so was a really grey area for me but great explanation on the subject :)

The area isn't grey anymore since recently, but you do have to follow the news around copyright closely (which I do).
In the last year there have been court cases in Italy, Spain and the Netherlands against linking to illegal content with all roughly the same outcome, it is not allowed and a site owner can be sued and fined if they do not take active action against it.
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Re: Streaming content via websites and forum links.

Postby Little_Devil on Fri Apr 18, 2014 6:40 pm

Copyright law is quite convoluted and not as simple as an allowed/disallowed scenario.

The UK copyright law was drafted in the 1988 bill amended 2003, and has had various amendments through the EU, although not all EU legislation applies.
There are also exceptions to rules as in the following :
Neither copyright (except in a computer program or a database) nor performer's rights are infringed by the simple act of transmitting the work between third parties over a network, even if the process of transmission involves making temporary copies (reg. 8 )


The law also differentiates between copy protected works and non-copy protected and treats individuals and companies differently.

There are many rules and many exceptions which make this law convoluted, and the only way you can actually know for certain, is to contact the relevant bodies, or study the law. :)
Even then it is never clear cut, and can change depending on the country.

Exert from here http://en.wikipedia.org/wiki/Copyright_ ... ed_Kingdom
UK copyright law has a set of exceptions to copyright known as fair dealing. Database right has a similar set of exceptions. Fair dealing is much more restricted than the American concept of fair use. It only applies in tightly defined situations, and outside those situations it is no defence at all against a lawsuit for copyright (or database right) infringement.

s29.—(1) Fair dealing with a literary, dramatic, musical, etc, work, for the purpose of research for a non-commercial purpose, does not infringe any copyright in the work, provided it is accompanied by a sufficient acknowledgement of the source.[7]

s30.—(1) Fair dealing with a work for the purpose of criticism or review, of that or another work, or of a performance of a work, does not infringe copyright in the work, provided it is accompanied by a sufficient acknowledgement, and provided the work has actually been made available to the public.[7]

Copyright fair dealing with a literary, dramatic, musical or artistic work is most often encountered in the context of research or private study. Under the 1988 Act, it was originally the case that any research use was fair dealing. However, in 2003, the 1988 Act was amended to exclude commercial use from the definition of fair dealing. Fair dealing for research should be accompanied by acknowledgement if this is possible. Fair dealing with the typographical arrangement of a work for the use in research or private study is also explicitly allowed.


More here http://en.wikipedia.org/wiki/Copyright_ ... tions_2003
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Re: Streaming content via websites and forum links.

Postby xAcTioNx on Fri Apr 18, 2014 7:30 pm

thier is also other threats you have to consider when trawling through these sites i regulary get virus alerts from these websites an streaming links so be carefull :geeky:


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