XBMC Community Forum
XBMC's Piracy Stance: Draft - Printable Version

+- XBMC Community Forum (http://forum.xbmc.org)
+-- Forum: Announcements, Info, and General Discussion (/forumdisplay.php?fid=85)
+--- Forum: XBMC General Discussion (/forumdisplay.php?fid=6)
+--- Thread: XBMC's Piracy Stance: Draft (/showthread.php?tid=117995)

Pages: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22


- bigorangekitty - 2011-12-29 04:58

Robotica Wrote:@bigorangekitty: Nice detail! The website is operated by a Foundation and the domain-owners is missing in action...

I'm certainly not trying to get into a pissing match. Just take my words at face value. No one wants creativity or XBMC to fail. Where is the foundation located? Who owns the website? lol. This is a new one for me. Follow the laws of the person(s) running the site. If it is the US (worse case scenario), change it. Best case scenario, Iceland? I don't know why Go Daddy is used? I am located in the US, run websites non-piracy related (because you don't sh*t where you eat) and I use foreign hosting all the time.

I'm just trying to get everyone to think and discuss...that is all. Once again, not looking for a pissing competition.


- Robotica - 2011-12-29 05:06

bigorangekitty Wrote:I'm certainly not trying to get into a pissing match. Just take my words at face value. No one wants creativity or XBMC to fail. Where is the foundation located? Who owns the website? lol. This is a new one for me. Follow the laws of the person(s) running the site. If it is the US (worse case scenario), change it. Best case scenario, Iceland? I don't know why Go Daddy is used? I am located in the US, run websites non-piracy related (because you don't sh*t where you eat) and I use foreign hosting all the time.

I'm just trying to get everyone to think and discuss...that is all. Once again, not looking for a pissing competition.

Nobody is; only love for XBMC software on this forum. Everybody is sharing his free time for this project. Sharing important details for this community-driven project will only last the software and the project longer. It's a great initiative from Nate to raise important subjects like this. Even (or maybe specifically) for projects like XBMC.


- ZERO <ibis> - 2011-12-29 05:12

The issue I see here is that people living in other nations must suffer under the tyranny of US law. It would be better to move the site to a location with more freedom so that it is then the users responsibility to follow the laws of their nation as it should be. Wink


- Robotica - 2011-12-29 05:25

ZERO &lt;ibis&gt; Wrote:The issue I see here is that people living in other nations must suffer under the tyranny of US law. It would be better to move the site to a location with more freedom so that it is then the users responsibility to follow the laws of their nation as it should be. Wink

In my opinion, Swedish laws related to freedom of expression are pretty ok. Copyright infingement is a case between the addon creator & the user and the content owner. Publishing links is the Foundations/Andres Setterlinds' problem. And, of course, the official repo (addon manager) is effected since it is distributing software. Luckily, we can use our own repo's... Great engineering by spiff and others.


- Martijn - 2011-12-29 09:10

In the Netherlands internet freedom has been integrated into the law Smile

However I do agree somethings needs to be done to keep XBMC out of possible trouble.

This post is a perfect example what is wrong:
http://forum.xbmc.org/showthread.php?tid=118021

I'm really getting sick and tired of all the icefilms questons througout the forum. Users are just to lazy to read or search for theirselves.


- natethomas - 2011-12-29 11:40

The fact of the matter is, for better or for worse, the foundation has been formed in the US. In Delaware specifically, I think. This means, regardless of where our various website pieces are located, "we" are located in the US and have to abide by fairly stringent rules.


- Prof Yaffle - 2011-12-29 12:52

If the folks involved in creating, distributing or maintaining XBMC or its supporting infrastructure (e.g. this web site) feel exposed, they have the right - obligation, perhaps - to defend themselves.

So, I understand your stance, and I think your basic rules are reasonable. What gets more difficult is where the definition of "potentially legal uses" varies between countries - there, I guess the strict letter of the ultimate governing law (whether it's Delaware or somewhere else, whether it covers the foundation or the staff) has to apply, and if that covers "facilitating", "aiding and abetting" or similar then you're still screwed. I don't know if there's any way to militate against this situation, such as re-incorporation - but we certainly don't want XBMC to get the same mass image as The Pirate Bay, for example, so even that would have to be considered carefully if it could be perceived to be done specifically to soften the legal position.

I think your "... if you can stream it ordinarily, we consider that okay" stance is laudable, since that keeps alive iPlayer, YouTube and similar on-demand add-ons: they're a major part of XBMC's flexibility for many people and are far better than the rubbish built into my television. But, let's face it, there are some add-ons and discussions for which we simply can't pass the red face test if challenged, and those are what're leaving people exposed.


- Jimmer - 2011-12-29 12:59

The fact that this discussion is taking place at all is an indication of how grown up this project has become. Whether or not individual users use pirated content, XBMC has to protect itself. That means keeping anything legally questionable out of the codebase and out of the official repo. Logically, in line with this, any discussion of possibly illegal augmentations to the program need to be kept off the website.

As Robotica said, the fact that there is not only an official repo, allows for other activity in territories with different laws, with no comeback on the XBMC project and it's obligations under US Law.

As the end user you make your choices and whether they are the right choices or the wrong choices according to whatever local Law you abide by, XBMC itself is insulated. That's something that's important to me.

Jim


- falafael - 2011-12-29 13:00

Once again, we're being told what to do by the yanks, personally i don't know what this means for 90% of the addons, which is one of the reasons why xbmc is so popular, surely if you ban these addons, they will just shift to another media player, along with many users of xbmc in my opinion.
We all now that legal sites tend to be rubbish anyways....sad days looming on us....


- Martijn - 2011-12-29 13:06

falafael Wrote:Once again, we're being told what to do by the yanks, personally i don't know what this means for 90% of the addons, which is one of the reasons why xbmc is so popular, surely if you ban these addons, they will just shift to another media player, along with many users of xbmc in my opinion.
We all now that legal sites tend to be rubbish anyways....sad days looming on us....

I think you misread. They will not be banned from xbmc but just not discussed on this forum or in offcial repo.
Like Nate said there are plenty of 3rd party repos that still could offer those add-ons.