Legal Issue about Streaming, Hosting, or Watching Contents

  Thread Rating:
  • 0 Votes - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Post Reply
iptv4free Offline
Junior Member
Posts: 11
Joined: Jan 2012
Reputation: 0
Post: #1
In this forum every body is discussing how we can get and watch channels for free, but no one is discussing the legal issue about this process. I started this thread for all members to express their opinion and how we do it or work around it to be legal or close to it. this is some of the questions to be discussed:
* Is it legal to watch payed content for free?
* Is it legal to stream the content?
* Is legal to host a playlist?
* Is it legal to the get the URL or link of the channel?
* How we do it legally?
* How we work around it?
* and so on, please express your opinion
find quote
castalla Offline
Fan
Posts: 565
Joined: Aug 2011
Reputation: 11
Post: #2
You are probably overdoing it - so many questions - so many opinions!

Without an internet-media legal expert expressing an opinion, it's probably opening just another can of worms.
find quote
Hitcher Offline
Skilled Skinner
Posts: 10,879
Joined: Aug 2007
Reputation: 101
Location: Eastleigh, UK
Post: #3
Quote:XBMC's Official Forum Piracy Policy

1. All discussions dealing directly with or linking to add-ons, websites, or services that violate US copyright laws ("pirated content") will be closed when a forum moderator has been made aware of them. The original poster or add-on creator may provide a link to a website not hosted by XBMC for further discussion and inquiries.

2. Discussions for add-ons that link directly to pirated content and enables the user to access that content through the add-on will be shut down.

3. All links to pirated content will be removed.

4. "Pirated content" addons, websites, and services typically do not include the following (to be determined on a case-by-case basis if nessesary):
A. The add-on does not actually perform the act of accessing pirated content ("mistaken identitiy") [For example, Sickbeard, which performs no actual downloading or streaming.]
B. The add-on has the potential to access pirated content, but is potentially useful for downloading legal content as well. [For example, an add-on that downloads torrents is not, itself, a problem, since a torrent can cover a wide variety content, including legally distrubuted videos.]
C. The add-on links/accesses content in a similar way to a normal web browser. This is done under the assumption that if the content owner did not want the content streamed, the owner should have not made the content available to be streamed in their site. [For example, the Bluecop Repository.]
D. The add-on accesses content with permission of the content owner, the content is "copyleft" (http://en.wikipedia.org/wiki/Copyleft), or the add-on accesses content without the clear disapproval of the content owner. XBMC will do its best to comply with DMCA-related takedown requests.

Thread originators or add-on developers may petition Forum Moderators to re-open a thread that was closed if he or she believes one of the above exceptions applies.

5. Fair use exceptions apply for issues such as small video samples for testing and debugging, fanart and related artwork, video and audio summaries, subtitles, etc.

6. These rules apply only to the forum. They do not apply to the XBMC Addon Repository. At no point will any user be prevented from using XBMC Media Center as they so choose, nor will they be prevented from adding additional Addons not in the XBMC Addon Repository or additional addon repositories.

XBMC's Piracy Stance: Draft
find quote
Mighty_Diamond Offline
Member
Posts: 88
Joined: Jan 2012
Reputation: 0
Post: #4
iptv4free Wrote:In this forum every body is discussing how we can get and watch channels for free, but no one is discussing the legal issue about this process. I started this thread for all members to express their opinion and how we do it or work around it to be legal or close to it. this is some of the questions to be discussed:
* Is it legal to watch payed content for free?
* Is it legal to stream the content?
* Is legal to host a playlist?
* Is it legal to the get the URL or link of the channel?
* How we do it legally?
* How we work around it?
* and so on, please express your opinion

This is based on the Uk and all laws are subject to your own country etc. Its a very brief overview of your questions and not going into a whole lot of detail.

What you want to look into is Intellectual Property Law. But like many laws, they vary from country-to-country. For example you are NOT breaching copywright law by making a digital backup of something you OWN. You are legally allowed to view media content that is entitled to you. It is for this reason that sites offering live streams of freeview channels are rarely challanged by tv networks. Take as an example offical live streaming of a channel (bbc, ITV, SKY etc) during live streaming of their channels, they will block out shows and films that they do not have the license for. When that channel is streamed thrid party, for exaple TvCatchup they are broadcasting from their own streams, thus do not have the blackout restrictions within them. It is then technically breaking Ip law as they do not have permission to broadcast the part os the stream the channel are not allowed to stream online. But the channel will never challange it. It would cost too much and for not much reason at all. If the production company or movie studio that own that stream have an issue, then something would be done. But mostly they don't really bother or care.

When it come to rebroadcasts of premium items like sports, channels set to loose out of revenue. This is because if your watching a stream of Sky Sports online, your not paying Sky for a Sky SPort subscription. Now, this is a grey area within the media industry at the moment. Just because your watching it online and not paying Sky, does not mean you would have paid Sky for the privledge. There is no evidence by watching that stream Sky is loosing money. This is why by watching a stream you will never be sought after, or punished. Every lawyer, producer... everyone in the industry has a different stand point. Its too much of a grey area. Same goes with the debate of watching films online, there is no direct link between you watching a film online and not going to see said film.

The music Industry accepted this approach a few years back and accepted giving content away for free/trialing content as it actually makes people increase the likely hood of a purchase. If you listen to a track/watch a film and like it, your more likely to purchase a cd/dvd/leagal download of the content etc.

The main issue comes from lost revenue and proof of lost revenue. Sites that offer a 'premium' service and stream sporting events behind a paywall are profiting from someone elses work. Thus, it breaks IP law. Sites that offer a legal looking site and dupe people into signing up are breaking certain sections under Fraud. You could get into the fact the tax man would be on your back for any undeclared earnings you have and could easily audit and take you to court on those charges.

To sum up, if you are watching or hosting a link to a stream and are not profiting or without doubt taking revenue from a channel you will be fine. That is very general and does depend on your country and what the stream actually is.
find quote
Mighty_Diamond Offline
Member
Posts: 88
Joined: Jan 2012
Reputation: 0
Post: #5
iptv4free Wrote:In this forum every body is discussing how we can get and watch channels for free, but no one is discussing the legal issue about this process. I started this thread for all members to express their opinion and how we do it or work around it to be legal or close to it. this is some of the questions to be discussed:
* Is it legal to watch payed content for free?
* Is it legal to stream the content?
* Is legal to host a playlist?
* Is it legal to the get the URL or link of the channel?
* How we do it legally?
* How we work around it?
* and so on, please express your opinion

2/2


You will be fine watching a stream. But need to be careful if your hosting a stream, as it does depend on the content.

Certain sporting bodies are applying pressure to channels within the UK at the moment about unauthorised streaming sites. Certainly Sky is trying their best to make a stop to these paid-for sites. As they are laying claim to the fact it is taking money away from them, but as I said not everyone agress with this. SOme channels refute that all together. Some lawyers and compaines also do.

If you have advertising or only offer a paid for service, then you will be in hot water. Thes rest isn't the main concern and would most likely the charges would be dismissed if anything ever did happen as you would have no evidence of gain from your actions.

Enjoy the streams as you are not going to get into trouble for watching the.

Long winded post over. Return to regular programming. lol
find quote
Mighty_Diamond Offline
Member
Posts: 88
Joined: Jan 2012
Reputation: 0
Post: #6
I wrote this very quick, so if you need help clarifying anything let me know
find quote
Mighty_Diamond Offline
Member
Posts: 88
Joined: Jan 2012
Reputation: 0
Post: #7
Hope it helped.
find quote
iptv4free Offline
Junior Member
Posts: 11
Joined: Jan 2012
Reputation: 0
Post: #8
Thank you for the legal reply. What about streaming Free to Air Channels from Asia to Canada for example?. Is there a problem charging costumers service fee?. Please, we need more discussion in this area. It is very good that we know.
find quote
castalla Offline
Fan
Posts: 565
Joined: Aug 2011
Reputation: 11
Post: #9
iptv4free Wrote:Thank you for the legal reply. What about streaming Free to Air Channels from Asia to Canada for example?. Is there a problem charging costumers service fee?. Please, we need more discussion in this area. It is very good that we know.

You'd be charging a fee for rebroadcast of copyright material - Free to Air means Free to the receiver - not free to rebroadcast.

Charge in my vocabulary means a pecuniary transaction (money!).
find quote
chuck1947 Offline
Junior Member
Posts: 6
Joined: Dec 2012
Reputation: 0
Post: #10
I am fairly new to XBMC and the concept of watching streaming media. I have already installed a number of repositories. How is it possible to identify content that has been made available for "free' by the party with rights to the media? I want to watch material that I am legally entitled to watch - not what has been pirated.
find quote