Bill S. 978, Making Web Streaming Illegal.

Off Topic
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http://thomas.gov/cgi-bin/query/z?c112:S.978:
http://www.escapistmagazine.com/news/view/111580-Gamers-Advocacy-Group-to-Fight-Anti-Streaming-Bill

The basic gist of this bill, and it’s abundance of vagueness, is that if it is passed, uploading copyrighted material onto the web through streaming services like youtube will be illegal and a felony that could land you up to 5 years in prison.

Now, obviously this has some benefits for anti-piracy problems but this would also screw over a lot of movie fans, gamers and people employed by The Escapist Magazine.

Lets say you’re an amateur reviewer of a video game or movie. You just watched some Hollywood blockbuster hit and want to give it a thorough review, lets say Transformers 3.

Now, you can still upload a review of the movie, talking about what you saw and how it was, sure. But, can you upload clips of it while reviewing it? Absolutely not.

http://www.escapistmagazine.com/videos/view/escape-to-the-movies/3634-Transformers-Dark-of-the-Moon

That guy would be out of a job.

Lets say you’re a fan of Mystery Science Theater 3000 and want to make fun of some video game cut-scenes that you’re watching and share it with the world just for fun. Is that gonna be illegal? Sure is.

http://www.escapistmagazine.com/videos/view/unskippable

These guys would be out of a job.

Now lets say you want to do a lets play (a video of you playing a game and talking about it as you play it all the way through). Even more than that, lets say you want to hold a week long charity event of your lets play where you decide to play the most boring game ever made and you’ll play it for as long as people keep giving you donations. Is that gonna be illegal? Yep!

http://www.mariomarathon.com/

These guys would be out of a job.

So I really wonder, is this bill actually a good idea or is it far more crippling to people and the economy than not doing anything to stop pirates?

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Re: Bill S. 978, Making Web Streaming Illegal.

The government will never be able to stop piracy.

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Re: Bill S. 978, Making Web Streaming Illegal.

Not under this bill they aren’t.

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Re: Bill S. 978, Making Web Streaming Illegal.

It’s a horrible bill that most likely won’t get passed, but if it somehow does, taking The Escapist down would almost make it somewhat worth it.

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Re: Bill S. 978, Making Web Streaming Illegal.

Sorry? Hows that?

The escapist is one of the best sources for video game news and humor out there.

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Re: Bill S. 978, Making Web Streaming Illegal.

I respectfully, but vehemently, disagree.

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Re: Bill S. 978, Making Web Streaming Illegal.

Why do you not like the Escapist?

You make it sound like they committed a personal faux pas on you.

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Re: Bill S. 978, Making Web Streaming Illegal.

If we lose the let’s plays well….

UQ3.jpg

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Re: Bill S. 978, Making Web Streaming Illegal.

The value of the illegally streamed material would have to be greater than $2,500, or the licensing fees would have to be over $5,000.

The value of a 3 minute clip = 0.

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Re: Bill S. 978, Making Web Streaming Illegal.

So, Nemo, as long as they’re in 3 minute-long clips, they can be uploaded? If so, people could post entire movies and games in 3-minute clips, the bill would be rendered useless.

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Re: Bill S. 978, Making Web Streaming Illegal.

So it costs a movie or game producer absolutely nothing to make a trailer (i.e. a series of clips equal to or less than 3 minutes long)?

The advertisement fees, the actors and voice actors, the cinematics and CGI, cameras, that’s all free?

Wow, wonder why it costs 8 bucks to see a movie at all then….

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Re: Bill S. 978, Making Web Streaming Illegal.

A trailer is an advertizement for a product(game or movie). You would think that media companies would want others to post their trailers so as many people as possible can see them and pay the $8 for a movie (9.50 where I live) or $49.99 for a video game.

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Re: Bill S. 978, Making Web Streaming Illegal.

Absolutely, any producer would certainly want to post their trailers all over the web or commercials on TV so more people would come to see the movie.

That doesn’t mean that the act of making or showing that trailer doesn’t cost money. Everything costs money. A trailer usually costs a few thousand dollars and a GOOD trailer can cost hundreds of thousands of dollars, and that’s just for the making of it.

Product placement is a whole different area.

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Re: Bill S. 978, Making Web Streaming Illegal.

This is why i love living in ireland (probably the only reason now) is that there are absolutely no laws regarding downloading. So sucks to be you guys

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Re: Bill S. 978, Making Web Streaming Illegal.

Luckily i have no copyrighted material XD

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Re: Bill S. 978, Making Web Streaming Illegal.

That’s a factually inaccurate statement about Ireland itself and stunningly ignorant in the light of EU law.

As for the value of trailers: out of context clips have no licensing value and the value to a movie company of their trailer is in its effect (i.e. encouraging people to purchase the actual product) and not its content.

Uploading the whole thing in 3 minute clips is clearly a foolish attempt at a work-around: the point is how much you make accessible to others in one place: if its a small amount for reference/display then it’s okay under fair use and that clip has negligible licensing value (and may even be of negative value in the sense that companies might actually be willing to pay to have it shown). If you’re putting up the whole thing in sections then that is evidently directly equivalent to putting up the whole thing.

The value limits here are no doubt intended to accommodate some fair use.

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Re: Bill S. 978, Making Web Streaming Illegal.

Nemo explain,

just to back up my point http://jurist.org/paperchase/2010/10/ireland-court-finds-no-anti-piracy-laws-authorizing-suspension-of-internet-service.php

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Re: Bill S. 978, Making Web Streaming Illegal.

MrMc, that article just says that they can’t suspend internet service for piracy. Doesn’t mean it’s not illegal - that ruling goes to what punishment is permissible, not to whether an offence is permitted or not. For example, you can’t get jailed for some offences, but that doesn’t mean they’re legal either - they can still fine you or sentence you to community service. In this instance, they just can’t suspend your internet service - they can probably still fine you, or maybe even jail you.

Besides, illegality is not confined to criminal offences, it just means it goes against the law and the lawbreaker may be required to make restitution. In this case, makers have an inherent right to own their intellectual property (that’s a law) that can be enforced by means of a civil suit (possibly resulting in restitution required). I’m virtually certain this is true in all common law jurisdictions, which I believe Ireland is a part of.

EDIT: Read the case of EMI Records (Ireland) Ltd & Ors v Eircom Ltd & Anor (link http://www.bailii.org/ie/cases/IEHC/2005/H233.html). The facts mentions that downloading of certain sound clips from an unlicensed source constitutes copyright infringement, a ‘wrongful activity’. It is technically possible to argue that wrongful does not mean illegal, but it won’t be an easy one to make. Add in the weight of authority from all other common law jurisdictions, and I’d say that it’s pretty certain that downloading is considered an illegal activity in Ireland. Also, ignoratio non juris excusat.

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Re: Bill S. 978, Making Web Streaming Illegal.

Ok that eircom judgmenat was made before the upc judgmeant. And the upc judgemeant was made by the same judge as the eircom trial. And in the upc case the judge said that under irish law he didnt have the authority to make the judgmeant that he made in the eircom case.

But what i said is actually wrong, after looking into it, piracy is still ilegal, now im not sure if that pertains to upploading, downloading or both. But it is also illegal for isp companies to find out if you are illegally downloading, or to share that information. So basicly piracy is illegal but the law cant do anything about it. im basicly paraphrasing this but anyway its the gyst of whats going on.

I have a friend who did a whole big thesus on this for his masters so i will have to pick his brain to find out the specifics.

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Re: Bill S. 978, Making Web Streaming Illegal.

Pretty much what you and Casper said.