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SOPA 2013 (AKA: STREAMING "COPYRIGHTED MATERIAL" == FELONY)
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KingArthur
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Closehttp://www.huffingtonpost.com/2013/08/07/unauthorized-streaming-felony_n_3720479.html
http://www.washingtonpost.com/blogs/the-switch/wp/2013/08/05/sopa-died-in-2012-but-obama-administration-wants-to-revive-part-of-it/
https://www.techdirt.com/articles/20130805/12472124074/administration-cant-let-go-wants-to-bring-back-felony-streaming-provisions-sopa.shtml
Heads up, SOPA is raring it's damned ugly head again, this time going after streamers of "copyrighted materials" and making such an act a felony. And mind you, that's "copyrighted materials" in the vaguest sense of the word possible, true to SOPA-style legislation.
I was apparently one month behind on the news, obviously, but it's better late than never seeing as there doesn't seem to be any topic about this here as far as I can tell from a quick look-through. RMN isn't distant from this issue since stuff like Let's Plays fall exactly under the kind of stuff Congress is going after.
EDIT: White House petiton at: https://petitions.whitehouse.gov/petition/stop-sopa-2013/LMzMVrQF
It's not much, but it's a start.
EDIT2: Grammar fix.
http://www.washingtonpost.com/blogs/the-switch/wp/2013/08/05/sopa-died-in-2012-but-obama-administration-wants-to-revive-part-of-it/
https://www.techdirt.com/articles/20130805/12472124074/administration-cant-let-go-wants-to-bring-back-felony-streaming-provisions-sopa.shtml
Heads up, SOPA is raring it's damned ugly head again, this time going after streamers of "copyrighted materials" and making such an act a felony. And mind you, that's "copyrighted materials" in the vaguest sense of the word possible, true to SOPA-style legislation.
I was apparently one month behind on the news, obviously, but it's better late than never seeing as there doesn't seem to be any topic about this here as far as I can tell from a quick look-through. RMN isn't distant from this issue since stuff like Let's Plays fall exactly under the kind of stuff Congress is going after.
EDIT: White House petiton at: https://petitions.whitehouse.gov/petition/stop-sopa-2013/LMzMVrQF
It's not much, but it's a start.
EDIT2: Grammar fix.
So I guess You Tube is in trouble now ... and memes will be killed (not crying for that!). Too bad Harlem Shake and Bieber have benefited from it.
TheNecromancer
3160
author=edchuy
and memes will be killed (not crying for that!). Too bad Harlem Shake and Bieber have benefited from it.
If this is a side effect, I would gladly accept SOPA.
My poor Korean drama opening/ending game music. And Lost Legacy has "Everybody Wants to Rule the World" as the opening song.
Yea, and I have a Let's Play, thanks to Xenomic. Meaning he's going to prison like the villainous scum he is.
Yea... this bill sucks.
Yea, and I have a Let's Play, thanks to Xenomic. Meaning he's going to prison like the villainous scum he is.
Yea... this bill sucks.
Definite sign~ My only problem with the petition is it had a spelling error that irritated my brain a little.
My problem with the petition was you have create an account. What does the White House need that for? NSA, anyone?
Well, they kind of have to make sure no one's going to use bots to spam the petition. Besides, it only asks for your name and email address.
(Also I think I signed it without signing up somehow, maybe I just have a messed up memory?)
(Also I think I signed it without signing up somehow, maybe I just have a messed up memory?)
author=edchuy
My problem with the petition was you have create an account. What does the White House need that for? NSA, anyone?
They only ask for your name and email, both readily available information (especially from the government's PoV!). They also optionally ask for your zip code so they know where in the US you are signing the petition from.
Honestly, that White House account was far less invasive in the kinds of personal information it wanted compared to other places that can go as far as asking for your birthday and street address, among other things!
This is total bs on a ridiculous scale. I don't want to see a world where streamers like Cosmo, who have literally done nothing wrong are put in jail.
#75,926. Almost there.
#75,926. Almost there.
No, it's not.
There's a difference between (1) Having some video where you're doing a bad singing rendition of some song (still grey, but it's technically your singing, which makes about as much sense as restricting the singing of Happy Birthday), (2) having a commercial game/song that is obviously ripped (Kingdom Hearts, anyone? If not for Disney being open to it, they'd be so busted), and (3) having a Let's Play which yes, you are having the video/songs of the game, but duh that's because you're playing the game (you're not selling anything, and you're promoting the very item in question).
Also, just because something is the case, doesn't mean it necessarily should be the case. Criminal censorship of copyrights is a hair's breadth from autocratic stuff.
Modern artists could conceivably get revenue by making it charge to listen, as many anime videos now are doing.
AMVs would be in grey territory, but up to debate, since the AMV is not using the song as is, but rather making a music video (advertising?). Youtube apparently is okay with this, as they put "Buy Cynthia Jones - Eat The People" (made that song up) instead of taking it down.
There's a difference between (1) Having some video where you're doing a bad singing rendition of some song (still grey, but it's technically your singing, which makes about as much sense as restricting the singing of Happy Birthday), (2) having a commercial game/song that is obviously ripped (Kingdom Hearts, anyone? If not for Disney being open to it, they'd be so busted), and (3) having a Let's Play which yes, you are having the video/songs of the game, but duh that's because you're playing the game (you're not selling anything, and you're promoting the very item in question).
Also, just because something is the case, doesn't mean it necessarily should be the case. Criminal censorship of copyrights is a hair's breadth from autocratic stuff.
Modern artists could conceivably get revenue by making it charge to listen, as many anime videos now are doing.
AMVs would be in grey territory, but up to debate, since the AMV is not using the song as is, but rather making a music video (advertising?). Youtube apparently is okay with this, as they put "Buy Cynthia Jones - Eat The People" (made that song up) instead of taking it down.
(3) having a Let's Play which yes, you are having the video/songs of the game, but duh that's because you're playing the game (you're not selling anything, and you're promoting the very item in question).
The law doesn't care why you're doing it. You don't have the right to do it, therefore it's illegal. That most companies don't do anything about it doesn't mean they don't legally have the right to shut you down. Nintendo recently demonstrated that.
Also, just because something is the case, doesn't mean it necessarily should be the case.
That I agree with, but protesting this law isn't going to make streaming legal again. You need to target the DMCA for that.
AMVs would be in grey territory, but up to debate, since the AMV is not using the song as is, but rather making a music video (advertising?).
Even if you're advertising for a product, it's still illegal to do it if you don't have the rights to do it. The bottom line is if it's not your IP, and you haven't been given express permission, you do not legally have the right to do anything with it. An exception could be made for fair use, but fair use necessitates you only use a small subset of the original work, and to be using it for education, news, criticism, or the like. You can't just use the whole or a majority of a work and claim fair use.
You could, for example, do a video review of a game, but fair use dictates that you only use as much from the original work as is needed to convey your point. It's like how you couldn't quote an entire novel in a review of it and then claim you needed to to convey your point.
Crystalgate
694
author=Sailerius
Unauthorized streaming is already illegal. It's about 10 years too late to fight this battle, guys.
But is it already a felony?
author=Crystalgateauthor=SaileriusBut is it already a felony?
Unauthorized streaming is already illegal. It's about 10 years too late to fight this battle, guys.
No. I'm not saying this bill isn't a dumb idea (it is), but that claims that it's making streaming illegal are incorrect.
I guess what I'm getting at, is the legality of streaming should depend on permissions of the Original User.
What should be part of the law is:
If you are using a copyrighted work, say, doing a Let's Play of KH above.
But, you see the difference? It isn't in this case the government that decides it's a felony, it's the shareholders. After all, did the government make Kingdom Hearts? Did they write Sword of Shannara? No, so although they can write fair use guidelines on what copyrights can't do, and what copyright holders are allowed to do should they decide to pursue the claim, it's not theirs to decide to put people away for a crime. To allow holders to do so sucks but is somehow "okay", but to allow the government ability to do it is flatout wrong.
I didn't read the law carefully (so I dunno if there are leeways), but you see the point. Kingdom Hearts is property of Square, and theirs to allow/forbid. Similarly, if Justin Bieber can get away with singing cover songs, he shouldn't automatically go to jail for it.
What should be part of the law is:
If you are using a copyrighted work, say, doing a Let's Play of KH above.
- Square is immediately notified, within awareness of the video.
- Square can decide to permit it, in which case it is still fair use (they say "free advertising" go ahead), even if not technically following the fair use model. They slap a "Buy Kingdom Hearts on Amazon now" to it, and you're good to go.
- If not, you are asked to remove it. They can either remove it for you, or threaten to press charges. If you respond like a real twerp or repeatedly do it after warning, they can get you locked up.
But, you see the difference? It isn't in this case the government that decides it's a felony, it's the shareholders. After all, did the government make Kingdom Hearts? Did they write Sword of Shannara? No, so although they can write fair use guidelines on what copyrights can't do, and what copyright holders are allowed to do should they decide to pursue the claim, it's not theirs to decide to put people away for a crime. To allow holders to do so sucks but is somehow "okay", but to allow the government ability to do it is flatout wrong.
I didn't read the law carefully (so I dunno if there are leeways), but you see the point. Kingdom Hearts is property of Square, and theirs to allow/forbid. Similarly, if Justin Bieber can get away with singing cover songs, he shouldn't automatically go to jail for it.
TheNecromancer
3160
Dude, what are you saying? Do you really think Sqeenix wants to receive endless notifications every single time someone uses their property in some way? What an incredible waste of time and resources.
Also, it's most likely the big companies that are lobbying for these laws in the first place. They want to stop piracy and they don't have the means to do it themselves, so they get the government to make these kinds of laws and strengthen existing ones(Mickey Mouse law). The government probably doesn't give a shit, but after a hefty donation they start to care.
Also, it's most likely the big companies that are lobbying for these laws in the first place. They want to stop piracy and they don't have the means to do it themselves, so they get the government to make these kinds of laws and strengthen existing ones(Mickey Mouse law). The government probably doesn't give a shit, but after a hefty donation they start to care.
