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+--- Thread: XBMC's Piracy Stance: Draft (/showthread.php?tid=117995)
- ashlar - 2011-12-31 05:08
Ned Scott Wrote:TheTVDB? Nope. Content owners cannot copyright summaries made by other people. This is why Wikipedia has extensive episode lists, season summaries, and show summaries, and they know a thing or two about copyright. Similar to Wikipedia, TheTVDB only accepts content that is licensed under Creative Commons 3.0 (CC-BY) (Wikipedia is CC-BY-SA, which adds a "share alike" requirement.). Anyone who contributes text directly can only do so by agreeing to also share their work via CC-BY. Text that is from a different or incompatible license is not allowed and removed when discovered.subtitles give you exactly that. The whole script, which is definitely copyright material. And as far as TheTVDB is concerned I am worried about thumbs, posters and fanarts.
A very detailed, blow-by-blow summary could possibly violate a copyright of a TV Show or Movie by being a derivative work. None of the summaries on theTVDB come close to that.
- darkscout - 2011-12-31 05:40
Watch out for artwork too. I suspect that fanart is off the radar for now. But if some TV company decides that "all images and likenesses of said TV characters."
TV Logos definitely because they almost always use the copyrighted / trade marked fonts, images etc.
Also, the only people that can be sued under US law by at Ice Films is Icefilms / Mega Upload. To date no one has ever been sued in the US for downloading anything.
- zpanderson - 2011-12-31 05:46
darkscout Wrote:Watch out for artwork too. I suspect that fanart is off the radar for now. But if some TV company decides that "all images and likenesses of said TV characters."
TV Logos definitely because they almost always use the copyrighted / trade marked fonts, images etc.
Also, the only people that can be sued under US law by at Ice Films is Icefilms / Mega Upload. To date no one has ever been sued in the US for downloading anything.
SOPA will make downloading/streaming a felony...
- darkscout - 2011-12-31 06:02
zpanderson Wrote:SOPA will make downloading/streaming a felony...
Care to point that out in the SOPA full text? Doesn't appear to change anything other than making what is already illegal a felony.
- Ned Scott - 2011-12-31 13:38
ashlar Wrote:subtitles give you exactly that. The whole script, which is definitely copyright material. And as far as TheTVDB is concerned I am worried about thumbs, posters and fanarts.
When dealing with fair use certain factors are looked at. One is if the use would impact profit/selling of the original work. No one is going to look at subtitles (which are less than a full script, because they are just the dialogue without blocking or scene descriptions), all formatted with time information, and go "yep, don't need to see that movie now!".
A subtitle file is actually harder to follow than a summary, if you've ever had to deal with editing sub files.
As far as thumbs, posters, and fan art, I wouldn't worry. Again, fair use plays a big part in this. It doesn't discourage sale of the original work, nor is anyone selling thumbnails for episodes, and most of these images are made from promotional images that the companies release and want people to use. People are using these images in their personal video collections, and are not making money off of it. All of these factors straighten a "fair use argument".
Here's a better explanation from the US government itself about when something counts as fair use: http://www.copyright.gov/fls/fl102.html
Quote:Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
[INDENT]1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes[/INDENT]
[INDENT]2. The nature of the copyrighted work[/INDENT]
[INDENT]3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole[/INDENT]
[INDENT]4. The effect of the use upon the potential market for, or value of, the copyrighted work[/INDENT]
This is a stark contrast to something like IceFilms, where getting movies for free directly is using the entire work, and has drastic effects for "market value" (why buy the movie when you get it for free?), etc.
If we have to specifically spell out "thumbnails, fan art, and subtitles are allowed as an assumed 'fair use' of copyrighted material" in the policy, then we'll do that.
- oztindog - 2011-12-31 15:49
who are we kidding here XBMC??
- Death-Axe - 2011-12-31 18:43
So to get this right: are you going to try and stop users from installing addons that access "illegal" content? like code XBMC in apple style by having only approved "apps"? Or am I reading the rules wrong?
Seriously though guys, whether you want to deny it or not: without piracy no one would be using XBMC in the first place. Reality says hi.
- gabbott - 2011-12-31 18:46
Death-Axe Wrote:So to get this right: are you going to try and stop users from installing addons that access "illegal" content? like code XBMC in apple style by having only approved "apps"? Or am I reading the rules wrong?
Seriously though guys, whether you want to deny it or not: without piracy no one would be using XBMC in the first place. Reality says hi.
I don't see it written anywhere of the sort that they are doing what you suggest. It's just the discussion of certain things on this forum, huge difference. They aren't coding xbmc in a way that would prevent said add-ons.
And to the other point you make, I'm sure some users have a library made up of their own rips. You make it sound as if XBMC has no legitimate uses.
- htpc guy - 2011-12-31 19:23
So, if SOPA doesn't pass (crosses fingers) will it be business as usual with no changes from what currently is allowed on the forums?
- krish_2k4 - 2011-12-31 21:23
htpc guy Wrote:So, if SOPA doesn't pass (crosses fingers) will it be business as usual with no changes from what currently is allowed on the forums?
should be noted this is only in the US.
US laws mean jack in Europe so its business as usual such as one site goes down in the US...it re-opens up outside of US.