• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Here we are 2018. Illegal to stream? Technically...no. Correct?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



I know if seems like we are arguing semantics and I guess that is what this is. The Computer-realm article says, quote: According to the legal assistance website, FindLaw, “Copyright Office contends there is no violation when ‘a reproduction manifests itself so fleetingly that it cannot be copied, perceived or communicated.’”

And the Business INsider article says:
But is streaming unlicensed content online illegal? Jim Gibson, director of the Intellectual Property Institute at the University of Richmond law school, told Business Insider that streaming online content breaks the law in two cases.
When the user downloads even part of a file — called "pseudo-streaming" — it counts as a copy of copyrighted material, which is illegal. And when the user streams content as a "public performance" — namely, when it's shown to a substantial number of people outside the normal family circle and its close acquaintances — it also constitutes a copyright violation. Outside of these cases, accessing unlicensed streamed content is generally legal.

I don't think they consider the transitory fleeting nature of streamed content being buffered as downloading.
 
those are quotes from the articles.

the quote from just before where i pasted in the one from computer-realm states: The law, by far, is still unclear when it comes to streaming free movies online, or for visiting possibly illegal movie websites. When you stream a movie, your computer makes a temporary copy of the file on your computer. So technically, you are briefly in possession of a possibly illegal copyright material. But for the time being, the law does not consider this a violation. (then it continues on to the copyright office quote.)
 

quincy

Senior Member
those are quotes from the articles.
I know what you quoted is from the articles. I disagree with the conclusion you reached.

I recommend you find a legitimate streaming service (e.g.,Hulu, Spotify, Netflix...) that is licensed to provide copyrighted content and pay the minimal cost for legal viewing (with "minimal" being in comparison to what you will pay if caught infringing or your computer is infected).
 
Last edited:

PayrollHRGuy

Senior Member
Article that you posted isn't law. In fact it even mentioned that "Some courts have held that even temporary copies may violate the law."

And what makes you think that what you view from illegal sites is "so fleetingly that it cannot be copied, perceived or communicated." Why should the site you are steaming from spend the time and money to make the stream not copyable? It isn't like they have a contract with the copyright older to do so.
 

Zigner

Senior Member, Non-Attorney
And what makes you think that what you view from illegal sites is "so fleetingly that it cannot be copied, perceived or communicated." Why should the site you are steaming from spend the time and money to make the stream not copyable? It isn't like they have a contract with the copyright older to do so.
Not only that, but if you are watching the content while it streams, you are definitely perceiving it.
 

quincy

Senior Member
Ok it very clearly says that currently it is not a violation. Both articles state that. Do they not? Are they wrong?
If you are streaming illegal content knowing it is illegal content (i.e., you did not pay for it), you are infringing on the rights of the copyright holder.

Your biggest risk is probably not an infringement suit, however. As I said before, your biggest risk is infecting your computer with malware.

The copyright holders are more interested in stopping the infringement at its source. But this does not preclude the copyright holder from seeking compensation from the end users.

You can always take your debate with your partner to an IP attorney in your area if you still believe it is legal for you to stream copyright-infringed material.

Because this is not a debate site and you have had your original question answered several times over already, I am not sure what else needs discussing.

Good luck (mostly to your partner ;)).
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top