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Legalities surrounding KODI vs Illegally sharing copyrighted material via P2P?

Posted on 5/10/17 at 8:34 pm
Posted by TigerDaddy30
Member since Jul 2011
840 posts
Posted on 5/10/17 at 8:34 pm
So, I know downloading copyright material from P2P sites is illegal. I know for a fact that it is relatively easy to get caught doing so, due to an unfortunate experience a couple of years ago with a babysitter using our wifi to illegally download over 25 copyrighted songs from a P2P site while babysitting our kids one night (I used to download from P2P sites myself back in the day, but I was very fortunate that I didn't get caught back then). We ended up having to pay over $500.00 in fines in order to get our internet access unlocked from Suddenlink, or else face a legal suit. My question here is how do so many people stream copyrighted content using KODI and not get hemmed up the same way P2P users do? I don't quite understand how the KODI system works in that aspect. I have KODI installed on my new tv, but I have only used it very few times due to the concern of getting hammered by fines/legal threats again. Can someone explain?
This post was edited on 5/10/17 at 8:36 pm
Posted by TigerMyth36
River Ridge
Member since Nov 2005
39731 posts
Posted on 5/10/17 at 8:56 pm to
Short answer. Damages are limited with Kodi.

Kodi you aren't sharing or uploading anything. Torrents get people in trouble because the folks can be sued for sharing and helping to create 1,000s of copies. If you use Kodi, the maximum damage they can hit you with is the cost of 1 copy.

Sure, laws might change to try and stop streaming, but at the moment you don't even create a copy. The folks uploading the file did the damage. I could see the current politicians in power trying to ramp up the damages but not sure it would stand up in court.

You watching one movie only damages them by the cost of that one movie. A lawyer isn't going to sue you for $20.

With torrents, if you shared a file which was downloaded by 1,000 people they could hit you for $20,000. Streaming. One copy. No sharing. $20.

There is a reason nobody has been sued for streaming in the last 20 years. Until they change the law, it isn't worth it. Especially when there are still tons of people torrenting for the lawyers to go after.

And before the knucklehead jumps in the thread to tell us Kodi will be shut down, Kodi is nothing more than a VCR. The content folks tried to stop the vcr and lost. They can't win against Kodi. They can go after the streaming app folks which could make it tougher to find content, but they've tried to stop torrenting for almost 20 years. How has that worked for them.


This post was edited on 5/10/17 at 9:05 pm
Posted by TigerDaddy30
Member since Jul 2011
840 posts
Posted on 5/10/17 at 9:04 pm to
Thanks for the reply. That makes sense.
Posted by HubbaBubba
F_uck Joe Biden, TX
Member since Oct 2010
45761 posts
Posted on 5/10/17 at 9:09 pm to
In short, the owners and operators of the streaming services which make this copyright protected content available are breaking the law and can be prosecuted, but as a viewer and streamer you are not breaking any law.

Edit: the morals of it, however, are the gray area you personally navigate.
This post was edited on 5/10/17 at 9:10 pm
Posted by TigerMyth36
River Ridge
Member since Nov 2005
39731 posts
Posted on 5/10/17 at 9:15 pm to
I'm surprised they haven't locked up some of the folks who make the apps although I am not sure about the legality issue there.

If the app maker doesn't make a dime then they are not committing piracy. Most of the stream site folks who went to jail, made piles of cash off of their sites. I have no clue if some of the App folks are making money or if it is a hobby. If they are, then I am surprised a few haven't been rounded up and jailed.

They can't shut down Kodi unless the programmers advertise the illegal use. That is what got Grokster in trouble and that is what got Kim Dotcom in trouble with Megaupload. In the Grokster case the Judge pretty much stated they screwed themselves by advertising the copyrighted material. If they had simply kept their mouths shut and taken down material on request, Grokster and Megaupload would still be here. Just as youtube hasn't gone away even though you can still find massive piles of copyrighted info.
This post was edited on 5/10/17 at 9:19 pm
Posted by efrad
Member since Nov 2007
18645 posts
Posted on 5/10/17 at 9:54 pm to
quote:

Sure, laws might change to try and stop streaming, but at the moment you don't even create a copy.


You create a copy in memory. Just because it's stored short-term in volatile storage doesn't mean you haven't created a copy.

The laws aren't grey here; streaming copyrighted content you don't have license to is illegal. It's just difficult to get caught and unlikely for someone to be prosecuted.

I would just say use a VPN though. Nothing's gonna happen to you if you're streaming over a VPN with a no-logging policy.
This post was edited on 5/10/17 at 9:56 pm
Posted by gobuxgo5
Member since Nov 2012
10028 posts
Posted on 5/10/17 at 9:59 pm to
I love how YouTube has tons of copyright stuff and it's a non issue. I can watch every ppv Tyson fight and many sports games that 100% say not to rebroadcast or duplicate.

Posted by efrad
Member since Nov 2007
18645 posts
Posted on 5/10/17 at 10:23 pm to
quote:

I love how YouTube has tons of copyright stuff and it's a non issue. I can watch every ppv Tyson fight and many sports games that 100% say not to rebroadcast or duplicate.



The Digital Millennium Copyright Act grants immunity to service providers under certain rules called safe harbor rules, as long as they comply with certain requirements. Basically they have to inform their users that they must comply with copyright law and they must have a way for copyright holders to identify and report copyrighted content. YouTube does all of this, and the copyrighted content will come down as long as the content creator identifies and reports it. That's why they won't be getting in trouble anytime soon.
Posted by gobuxgo5
Member since Nov 2012
10028 posts
Posted on 5/10/17 at 10:25 pm to
I don't care if they don't get in trouble, people threaten that those who "stream" exodus can be in trouble.

A guy who watches 2007 Alabama game on YouTube calls another guy "immoral" for watching a 2007 tv show on exodus
This post was edited on 5/10/17 at 10:26 pm
Posted by Ham Solo
Member since Apr 2015
7729 posts
Posted on 5/10/17 at 10:51 pm to
The answer for Hollywood is pretty simple, but they won't take it.

They should create their own Netflix/Kodi and sign up all the major studios. Put every movie on it from the beginning of time. Give new movies a 6 week theater run before adding it on there. Charge like 75 to 100 a month. They would make a fortune and Netflix would be done. They could probably make a deal with all the tv studios as well. One place to have every movie and tv series in high quality.

I'm sure there are some issues with this suggestion, but they could figure out some variation close to this that solves all their problems and they would make a fortune.
Posted by SG_Geaux
Beautiful St George
Member since Aug 2004
77977 posts
Posted on 5/10/17 at 11:12 pm to
quote:

They would make a fortune and Netflix would be done.


Well that is just false. Netflix is cranking out its own original content and a whole lot of it is really good.
Posted by Ham Solo
Member since Apr 2015
7729 posts
Posted on 5/10/17 at 11:21 pm to
quote:

Well that is just false. Netflix is cranking out its own original content and a whole lot of it is really good.


I agree they have good content, but it if Hollywood did something close to my suggestion Netflix would have to pump out a whole lot more of it.

If you could stream Hollywood's entire collection in one spot people would jump at that.
Posted by Korkstand
Member since Nov 2003
28708 posts
Posted on 5/11/17 at 12:30 am to
quote:

The answer for Hollywood is pretty simple, but they won't take it.
I don't think it's as simple as you make it out to be.
quote:

They should create their own Netflix/Kodi and sign up all the major studios. 
Who is "they"? How do they determine the revenue splits?
quote:

Give new movies a 6 week theater run before adding it on there. Charge like 75 to 100 a month. They would make a fortune 

I think you underestimate the fortune they currently make, and overestimate the fortune they could make with your plan. Your plan totally kills Blu-ray sales and rental revenue, and digital rental revenue. It kills HBO and cable revenue. It probably also kills some box office revenue because a lot of people wouldn't mind waiting only 6 weeks to see a movie as opposed to the months long wait we currently have before Blu-ray releases.
quote:

I'm sure there are some issues with this suggestion, but they could figure out some variation close to this that solves all their problems and they would make a fortune.

There are too many issues to solve imo. Competing studios working together on a universal service? Would they kill the business relationships? they currently have with the networks? With the other streaming services? And for what? Any flat rate service will have to be priced to maximize revenue, but the result of that will be the heavy movie watchers get off cheap, and the light watchers won't subscribe because it's not worth the price to them. And they will be left with fewer choices on the cheaper services.

The current model is exceedingly efficient at maximizing revenue by extracting every dollar possible from each individual, and it seems unlikely that a flat rate or even a tiered service can match it.

I don't like it, either, but I don't think a universal service will come about for the foreseeable future.
Posted by TigerDaddy30
Member since Jul 2011
840 posts
Posted on 5/11/17 at 1:10 am to
quote:

I would just say use a VPN though. Nothing's gonna happen to you if you're streaming over a VPN with a no-logging policy.

How difficult is it to do this? I'm semi knowledgeable with basic networking such as setting up a wireless network and accessing a router's settings to secure the network.
This post was edited on 5/11/17 at 1:16 am
Posted by Korkstand
Member since Nov 2003
28708 posts
Posted on 5/11/17 at 10:16 am to
quote:

How difficult is it to do this? I'm semi knowledgeable with basic networking such as setting up a wireless network and accessing a router's settings to secure the network.
It shouldn't be too difficult. You will need to sign up for a VPN service, and you can expect to pay $5-10/month. Then you get your login details, and find the VPN section in your router settings and put them in. After that, the traffic from every device connected to your router will go through your VPN.
Posted by Tortious
ATX
Member since Nov 2010
5137 posts
Posted on 5/11/17 at 12:05 pm to
quote:

Sure, laws might change to try and stop streaming, but at the moment you don't even create a copy. The folks uploading the file did the damage. I could see the current politicians in power trying to ramp up the damages but not sure it would stand up in court. 


You're accessing content you don't have a right to. Just because you didn't put it there makes it no less illegal to access it. Copying a file isn't the test.
Posted by CAD703X
Liberty Island
Member since Jul 2008
78086 posts
Posted on 5/11/17 at 1:11 pm to
quote:

You're accessing content you don't have a right to. Just because you didn't put it there makes it no less illegal to access it. Copying a file isn't the test.


dont have a right to, huh?

what about when it aired 87 different times on comcast in the last year WHICH I PAY FOR but failed to capture on my DVR.

do i not have a right to view that show because i failed to record it or my power went out or the DVR hiccuped and only recorded half of it?

is a technical failure the litmus test as to whether i'm watching an episode of modern family 'illegally' through kodi because comcast lovingly has decide to try to sell that same episode to me that i failed to record on my dvr? its so nice of them to sell me the same product multiple times i've already paid for once.

please educate me on what content i don't 'have a right to'.
This post was edited on 5/11/17 at 1:25 pm
Posted by Tortious
ATX
Member since Nov 2010
5137 posts
Posted on 5/11/17 at 3:57 pm to
quote:

please educate me on what content i don't 'have a right to'


Content you didn't pay for - pretty simple actually. Your point talks more about timeshifting and fair use because you have paid for it. Timeshifting is legal, but that certainly assumes you had the right to record it in the first place (i.e. cable subscription or because it was freely broadcast by someone authorized to) and you did the recording. You can make a "copy" for these purposes, but that certainly does not give you the right to rebroadcast it even if not for profit.

Now your premise that you paid for it, but didn't record it to make a legal copy to view later, now somehow gives you the right to use what undoubtedly is an unauthorized copy is a bit more dubious. As noted, copyright laws allows you to copy for personal purposes but you didn't do that. You are watching a copy that is not likely authorized to be rebroadcast (done so by placing on the internet) claiming a right to watch an unauthorized copy even though you didn't meet the prerequisites for fair use.

Let's assume a grocery store gives free snow cones during business hours if you buy something. You do but don't get the snow cone because you didn't have time. I break into the store after hours and start up the snow cone machine. By your logic, you could get a snow cone then because you didn't take it when offered and have an unassailable right to a snow cone. Your right to the snow cone is a temporal one with restrictions and not a permanent one to be exercised whenever and however you feel like it - just like the right to copy things for timeshifting purposes.
This post was edited on 5/11/17 at 3:59 pm
Posted by t00f
Not where you think I am
Member since Jul 2016
89921 posts
Posted on 5/11/17 at 4:06 pm to
quote:

In short, the owners and operators of the streaming services which make this copyright protected content available are breaking the law and can be prosecuted, but as a viewer and streamer you are not breaking any law.

Edit: the morals of it, however, are the gray area you personally navigate


Can You Get In Trouble For Using Kodi?
Whether the developers who create the questionable add-ons, or the people who use them to watch copyrighted content without permission, are in violation of any laws is another big question. Copyright holders in the US, UK, and elsewhere would certainly say yes. And while users may think that because they’re not downloading content — just streaming it online — they aren’t violating copyright law, that’s not how many legal agencies see things.

Kodi questions

I personally don't use any software to access copyrighted content streams unless I pay for it, Netflix, Hulu, etc.
This post was edited on 5/11/17 at 4:07 pm
Posted by Korkstand
Member since Nov 2003
28708 posts
Posted on 5/11/17 at 4:48 pm to
quote:

Now your premise that you paid for it, but didn't record it to make a legal copy to view later, now somehow gives you the right to use what undoubtedly is an unauthorized copy is a bit more dubious. As noted, copyright laws allows you to copy for personal purposes but you didn't do that.
Ok, follow along with me here. I am legally allowed to make a copy for personal use, right? Right. But, of course, I'm not physically copying the content bit by bit manually, I tell a machine to do it for me. The machine is my agent. I can also ask my wife to program the machine on my behalf, so they are both agents of mine. If I could train a parakeet to press the right buttons whenever I use an app on my phone to blink my living room lights from halfway around the world, then multiple servers and devices around the world (and the parakeet) are working on my behalf to aid me in obtaining a copy of some content for personal use. If I can use my wife, various machines, and a parakeet to help me grab a copy, why can't I enlist the help of another person? Now, the guy purposefully sending copies to everyone, I would say he's in the wrong.

Further, since I am allowed to make a copy of content for personal use, I am logically allowed to make multiple copies for personal use. If my recording device uses redundant drives for storage, then I already have two copies. When my device plays the content back, it makes yet another copy in memory. It may transcode the recording during playback, so surely I am allowed to transcode it myself for playback on various devices, right?

What if I make a backup of my personal copy to a secure, encrypted, online backup service? Over time, their storage fails and is replaced, but they have backups so eventually my "original" copy is gone and has been replaced with another copy. Is it ok for me to download that new copy even though it's not my "original" copy? Is it still an "authorized" copy? Do you see how this argument can fall apart pretty quickly?
quote:

Let's assume a grocery store gives free snow cones during business hours if you buy something. You do but don't get the snow cone because you didn't have time. I break into the store after hours and start up the snow cone machine. By your logic, you could get a snow cone then because you didn't take it when offered and have an unassailable right to a snow cone. Your right to the snow cone is a temporal one with restrictions and not a permanent one to be exercised whenever and however you feel like it - just like the right to copy things for timeshifting purposes.
This example is totally bunk, as it involves depriving someone else of their possessions. There is a reason we have words like "copyright" and "infringement", and the reason is because it's not "just like" theft.

The laws and the logic behind them are not as flawless and clear cut as you make them out to be. There is a very large grey area, and I lean toward "not guilty" in the grey, as I believe the system should.
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