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alp227 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-12-11 06:12 PM
Original message
New Bill Would Criminalize Illegal TV Show Streaming
Source: Broadcasting & Cable

A bipartisan trio of Senators Thursday introduced a bill that would make illegally streaming TV shows or movies a felony.

The bill (S. 978) was introduced by Senators Amy Klobuchar (D-Minn.), John Cornyn (R-Texas), and Christopher Coons (D-Del.), and came the same day that Sen. Patrick Leahy (D- Vt.) re-introduced a bipartisan bill to give the government more tools to shut down Web sites that traffic in stolen intellectual property, including TV shows and movies.

It is already a felony to download or upload that content, so the bill would just extend that to streaming a recommendation made by White House Intellectual Property Enforcement Coordinator Victoria Espinel, The Copyright Alliance pointed out in praising the move.

In March, the Obama administration recommended that Congress clarify that streaming illegal content, in addition to downloading it, can be a felony.

Read more: http://www.broadcastingcable.com/article/468207-New_Bill_Would_Criminalize_Illegal_TV_Show_Streaming.php



I'm posting this as someone who's illegally streamed sporting events if I couldn't watch them on broadcast TV and some other content too. Now who's suffering more, the content owners or the poor viewers?
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DeeJay Donating Member (69 posts) Send PM | Profile | Ignore Thu May-12-11 06:16 PM
Response to Original message
1. Fiddling while Rome burns I see
I'm so glad they have nothing more important to spend their time on.
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woo me with science Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-15-11 10:16 AM
Response to Reply #1
42. No shit. nt
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ejpoeta Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-12-11 06:17 PM
Response to Original message
2. our representatives don't work for us anymore. they work for their
donors.... guess we know what the priorities are. jobs is a nice slogan, but they have a job and they have donors to please.
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orangeapple Donating Member (167 posts) Send PM | Profile | Ignore Thu May-12-11 08:02 PM
Response to Reply #2
14. and still people clamor to give them more power
as though it will be used against instead of for the most moneyed interests.

Our liberty, our rights, our well being and our happiness isn't 'a few more rules or laws' away, they are suffocating under the laws and rules we have.
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Silent3 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-17-11 11:56 AM
Response to Reply #14
51. It's the quality of laws and regulation, not the quantity.
I don't want more laws and regulation, I want good laws and regulation. I'd quite happily eliminate or supplant the laws that don't serve the public interest, and happily eliminate any government agency that serves business and corporate interests to the detriment of the common good.

I don't expect perfection. There will always be some corruption, some waste, some abuse of power. It does not at all follow, however, as the naive libertarian argument would have it, that simply making the government smaller and having fewer laws makes the system you're left with less corrupt, more fair, and more helpful to the common good than a bigger government with more laws.
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alp227 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-12-11 11:27 PM
Response to Reply #2
27. including that one FCC commish who got a job at Comcast for supporting the merger n/t
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aquamarina Donating Member (772 posts) Send PM | Profile | Ignore Thu May-12-11 06:26 PM
Response to Original message
3. Really?
With everything that is going on THIS is what they are spending their time on?
Jesus on a juice can.
:facepalm:
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qanda Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-12-11 06:26 PM
Response to Original message
4. What exactly do they mean by illegally streaming?
Surely they're not talking about taking away my Slingbox!
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mwooldri Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-12-11 07:15 PM
Response to Reply #4
11. Nope the "clarification" is not talking about taking away Slingboxes.
You'd be just fine.

However if you took that slinged content and distributed it and allowed anyone and everyone to get that sling stream, then that'll be illegal streaming. Private use is fine, because you paid for the content and the Slingbox is meant merely as a location shifting device.

Another way of looking at it is say this: I put up a live broadcast stream of a specific TV channel or even just an event on a channel and allowed others to have public access to this stream: i.e. I am distributing this content - without permission of the content creators - then that is illegal streaming.
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JDPriestly Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-12-11 08:49 PM
Response to Reply #11
18. Would that include the Youtube bits on DU?
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alp227 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-12-11 11:30 PM
Response to Reply #18
28. maybe not if you cite fair use protection
as one defense would be for nonprofit educational purposes such as how the political videos section is managed
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mwooldri Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-13-11 10:47 AM
Response to Reply #18
32. No.
Youtube has a duty to ensure that no unauthorized material resides on their service. Youtube would be the bigger party to blame as it has done the unauthorized distribution, not you or DU. However the content owners still need to send Youtube a DMCA takedown notice.

The snippets we see on Youtube from TV news commentary shows (or News Entertainment if Fixed Noise clips are posted) are generally "fair use" anyway.

Even if Youtube did stream unauthorized content and one watched it, the defense is simple: one didn't know it was unauthorized content.

So as far as Youtube is concerned, it's Business As Usual.
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qanda Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-12-11 09:20 PM
Response to Reply #11
25. Thanks for the clarification
I appreciate it.
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bitchkitty Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-13-11 09:59 PM
Response to Reply #11
36. Anyone who watches the illegal content online is illegally streaming
if I am not mistaken.
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MadBadger Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-11 07:54 AM
Response to Reply #36
44. delete
Edited on Mon May-16-11 07:55 AM by MadBadger
Wrong place

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guyton Donating Member (370 posts) Send PM | Profile | Ignore Thu May-12-11 06:28 PM
Response to Original message
5. a felony?
"It is already a felony to download or upload that content"

Why just stop at a felony? Why not just shoot them on sight? Aren't they economic terrorists after all? No trial needed.
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Auggie Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-12-11 06:37 PM
Response to Original message
6. What will stop streaming from sites operating outside the U.S.?
Will they have to go after the web hosts too?
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pdefalla Donating Member (133 posts) Send PM | Profile | Ignore Thu May-12-11 06:45 PM
Response to Reply #6
7. Foreign Web Hosts?
No problem. We can re-purpose the Seal Team now that Bin Laden is dead!
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mwooldri Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-12-11 07:20 PM
Response to Reply #6
13. The threat of that watching illegal streams is bad.
The same stuff they pull on persuading individuals that downloading unauthorized distributions of media - you know the "you wouldn't steal a car... "

Basically put, it may well be legal in XYZ country to stream specific content. The legislation is clarifying that on US soil that if you're merely RECEIVING the stream from overseas that in itself is illegal. Unless the Great Firewall of the USA is really set up, there is not much that can be done.
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cstanleytech Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-12-11 07:07 PM
Response to Original message
8. "bipartisan" in this case meaning "my votes for sale"
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Countdown_3_2_1 Donating Member (778 posts) Send PM | Profile | Ignore Thu May-12-11 07:09 PM
Response to Original message
9. People outa work, the economy tanking...and this is what we get?
Makes a grown man just want to find an island somewhere and give up.
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bluestateguy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-12-11 07:10 PM
Response to Original message
10. Congress (and for that matter the states) need to stop making so many laws
No wonder we have so many people in prison and clogged courts; politicians can't seem to stop themselves from making more and more laws, and then adding on more to the laws they have already made. The end result is more fines, more trials and more people in jail.
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christx30 Donating Member (774 posts) Send PM | Profile | Ignore Thu May-12-11 08:27 PM
Response to Reply #10
17. I know Ayn Rand is persona non grata here,
but there is a quote from Atlas Shrugged that stuck with me when I read it:

"There's no way to rule innocent men. The only power government has is the power to crack down on criminals. When there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws."


seems to fit here.
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Kievan Rus Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-11 08:05 PM
Response to Reply #17
45. The one time Ayn Rand was right. Even a broken clock is right twice a day.
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B3Nut Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-17-11 11:42 AM
Response to Reply #45
50. Also this one:
"Can you rule a thinking man? We don't want any thinking men!" Looks like the GOP used this as a blueprint for their bastardization of education rather than as the cautionary warning for which it was intended, telling me they don't pay any attention to their heroes. ;)

Todd in Cheesecurdistan
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kestrel91316 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-12-11 07:20 PM
Response to Original message
12. No more Hulu??
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FreeBillClinton Donating Member (222 posts) Send PM | Profile | Ignore Thu May-12-11 09:15 PM
Response to Reply #12
24. Hulu pays to stream content
so no.
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kestrel91316 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-13-11 12:46 AM
Response to Reply #24
31. But the end users don't pay, so how can it be ok??
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mwooldri Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-13-11 10:50 AM
Response to Reply #31
33. Because the content creators have authorized Hulu to stream their content.
Services like Netflix, Hulu, etc. get the rights to stream the content. They pay the content creators/distributors to stream it (or in the case of Hulu, it's owned by content creators/distributors).
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wickerwoman Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-14-11 01:32 AM
Response to Reply #31
38. Hulu has ads and sponsorship,
so it's not that different from watching it on regular TV.
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astral Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-15-11 09:34 AM
Response to Reply #31
41. Hulu has moved alot of its selection to "Hulu Plus"
They may end up with hardly any movies for free, anyways, movies that are worth watching.
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freshwest Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-11 08:17 PM
Response to Reply #31
46. I'm paying Comcast every month for broadband, so I'm paying for it. I watch their commercials,
So everyone is getting paid and paying.
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NashVegas Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-12-11 08:10 PM
Response to Original message
15. We Can't Go to A Knowledge-Based Economy
If knowledge-based jobs are even more insecure than manual labor. Although it might become hysterically tragic, to see so many people walking around on the verge of nervous breakdowns.
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freshwest Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-12-11 09:06 PM
Response to Reply #15
22. I read that TPTB decided a long time ago we had enough smarties, so they destroyed education.
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joshcryer Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-12-11 08:20 PM
Response to Original message
16. Fucking evil.
And to think there are some "content creators" here on DU who support these kinds of laws.
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cheri010353 Donating Member (49 posts) Send PM | Profile | Ignore Thu May-12-11 08:49 PM
Response to Original message
19. Ummm...
And just how many jobs does this create? It's good to see that they are so concerned with the well-being of their constituents.
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wickerwoman Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-14-11 01:34 AM
Response to Reply #19
39. Lots more prison guards.
A felony? Seriously guys?
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freshwest Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-12-11 09:00 PM
Response to Original message
20. WTF is this? The servers should continue regulating as they do now. Are they going to punish those
Who are paying their ISP and surfing the net, not making profit, just as consumers?

Shutting down hulu would be sad. And how about youtube? Don't these sites prohibit the illegal stuff now? I remember when hulu wouldn't show some programs, over songs that were part of them, but they couldn't get the owners to accept their payments. Some of those songs no one would ever know if they weren't shown there.

Same thing with youtube. They've sent a lot of business to record producers that would have never had that free advertising without their tunes being in videos.

Youtube deletes videos that copyright claims are made on, and has been doing it for a long time. If you begin to download something and it's not legal, they stop it. If something is not available in the USA, even though it's distributed worldwide, you can't see it.

IDK what the OP is talking about, why this is needed now.

This sounds like censorship to shut down Wikileaks and stop progressives from getting their ideas out, to compare the lies the conservatives are putting out by showing what they say under Fair Use, the way that Media Matters does.

It sounds likek they are forcing everyone to listen to conservative media or else. Yes, I'm that paranoid.
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freshwest Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-12-11 09:04 PM
Response to Original message
21. WTF is this? The servers should continue regulating as they do now. Are they going to punish those
Who are paying their ISP and surfing the net, not making profit, just as consumers? How are we supposed to know it's not legal?

Shutting down hulu would be sad. And how about youtube? Don't these sites prohibit the illegal stuff now? I remember when hulu wouldn't show some programs, over songs that were part of them, but they couldn't get the owners to accept their payments. Some of those songs no one would ever know if they weren't shown there.

Same thing with youtube. They've sent a lot of business to record producers that would have never had that free advertising without their tunes being in videos.

Youtube deletes videos that copyright claims are made on, and has been doing it for a long time. If you begin to download something and it's not legal, they stop it. If something is not available in the USA, even though it's distributed worldwide, you can't see it.

IDK what the OP is talking about, why this is needed now.

This sounds like censorship to shut down Wikileaks and stop progressives from getting their ideas out, to compare the lies the conservatives are putting out by showing what they say under Fair Use, the way that Media Matters does.

It sounds like they're driving people to conservative media or else. I smell Righthaven and Koch Industries. Yes, I'm that paranoid.

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freshwest Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-11 08:35 PM
Response to Reply #21
48. Mods, sorry, but this is a dupe above. Please delete.
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SemperEadem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-12-11 09:13 PM
Response to Original message
23. example of what they mean?
The Obama administration has made protection, security and privacy of online content a priority given its push for universal broadband as a critical infrastructure component of the country's future.

this whole thing is about a clear as mud.

Are they talking about bit torrent sites/newsgroups or are they talking about tube streaming sites, like YouTube, etc.? The groups who are applauding this seem to be industry artisans.
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mwooldri Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-13-11 11:01 AM
Response to Reply #23
34. Not talking about Bittorrent distribution or Youtube or even Netflix.
It's aimed purely at the small guy and basement geeks who say, capture the video of a television or cable TV broadcast (paid or unpaid) and stream it on the web for all to see without the permission of the content owners. That was previously in a "grey area" and the legal clarification closes that loophole. This also closes the loophole on unauthorized re-streaming (e.g. the stream is intended for the US only, and someone opens up the stream to be viewed outside the States).

Summary:
Downloading the latest Ubuntu release via Bittorrent is still OK.
Downloading the latest broadcast of Doctor Who from BBC One via Bittorrent wasn't Ok and still isn't.
Watching your Netflix, Hulu and Amazon Video on Demand is still OK.
Watching Youtube is still OK because Youtube presents itself as having permission to stream such content and if they find out they have no permission they take it down.
New - Watching a particular TV station via an unauthorized stream is now unlawful.
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SemperEadem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-13-11 01:31 PM
Response to Reply #34
35. Ok... thank you.
Makes sense now.
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Occulus Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-14-11 09:57 AM
Response to Reply #34
40. Okay, I understand what is and is not allowed under this odious new law.
I say 'odious' because of this:

What is to stop a hungry prosecutor from charging someone with a felony for having a webcam on for another purpose (not streaming content specifically) that happens to have copyrighted content in the background?

Many decent webcams these days can stream HD content. Is there any protection here for simple accidents?
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freshwest Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-11 08:30 PM
Response to Reply #40
47. A friend made a home video of his 2-year-old son and put it on youtube for friends.
Edited on Mon May-16-11 08:33 PM by freshwest
Youtube took it down because a copyright claim.

There was a song you could just barely hear in the background. It was not a music video, it was just playing on the radio.

He couldn't cut the music out and without leave the sound of his kid talking when he tried to edit it to post again.

Do you know it's illegal to sing 'Happy Birthday' because it's copyrighted? In your own home, no less.

There should be a time frame for reimbursement for artistic content, or a way to give them revenue, not all this punitive stuff.

:thumbsdown:
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Anakin Skywalker Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-12-11 09:20 PM
Response to Original message
26. NetFlix will go out of business? :-o
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ButterflyBlood Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-13-11 10:06 PM
Response to Reply #26
37. No, because Netflix doesn't do it illegally
Netflix is licensed by the copyright holders of the content. Same with Hulu.
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DeSwiss Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-12-11 11:39 PM
Response to Original message
29. The only crime that's being committed......
...is sending these phonies to Congress as "representatives of the people."

- Hey Amy, John, Christopher and Patrick, GTH.


K&R
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StarsInHerHair Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-13-11 12:18 AM
Response to Original message
30. because this is SO VITAL RIGHT NOW! pathetic! vaguely resembles the nasty
attitude in the mid 1700s........that led to something.
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Mz Pip Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-15-11 10:20 AM
Response to Original message
43. Seems redundant
Isn't something that is illegal criminal already?
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freshwest Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-16-11 08:37 PM
Response to Reply #43
49. Yes, that is kinda weird wording, isn't It? Different shades of law breaking for the peasants.
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villager Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-17-11 12:46 PM
Response to Reply #49
52. The idea is to make sure that eventually, we're all guilty of something
n/t
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