2017-05-09, 01:06
2017-05-09, 01:18
Seems I wasn't clear enough.
Not bittorrent by itself. Promoting "best trackers" aka promoting "best addons" isn't going to be illegal anytime soon. These addons link to some legal content too, and maybe you own the very movie your'e going to stream; and maybe that's fully legal in some countries.
Yes, who are we kidding.. 99,99% of both BT and the streaming addons is used for "stealing content you otherwise would have to pay for". But I don't think you really wan't to live in a world where talking/writing about this is deemed illegal.
If there was a market for it, a picklocker magazine could very well tell you about ways to pick a lock. I doubt it's anything wrong with that. If any that would just encourage better locks...
Now, constructing a bomb is an entirely different topic, and doesn't have anything to do with trademark and ip infringment issues.
Not bittorrent by itself. Promoting "best trackers" aka promoting "best addons" isn't going to be illegal anytime soon. These addons link to some legal content too, and maybe you own the very movie your'e going to stream; and maybe that's fully legal in some countries.
Yes, who are we kidding.. 99,99% of both BT and the streaming addons is used for "stealing content you otherwise would have to pay for". But I don't think you really wan't to live in a world where talking/writing about this is deemed illegal.
If there was a market for it, a picklocker magazine could very well tell you about ways to pick a lock. I doubt it's anything wrong with that. If any that would just encourage better locks...
Now, constructing a bomb is an entirely different topic, and doesn't have anything to do with trademark and ip infringment issues.
2017-05-09, 01:29
There are scores of "Windows User" and "Complete Guide to Windows" mags about. Also /s/Windows/Mac|Excel|Word etc.
I am unsure if any of those mags have to or do obtain a licence from MS/Apple etc.
I am unsure if any of those mags have to or do obtain a licence from MS/Apple etc.
2017-05-09, 08:54
(2017-05-08, 14:48)trogggy Wrote: As for kodi's trademark, the first question as always is whether people could reasonably think it's an official kodi mag. I'd guess that would be a pretty clear 'yes' given the front cover, whatever disclaimers are inside. But it's just a guess.Exactly. In this case using the official Kodi font and logo does indeed look to violate Kodi's trademarks.
https://kodi.tv/tags/trademark-and-branding
http://kodi.wiki/view/Official:List_of_F...Trademarks
http://kodi.wiki/view/Official:Trademark_Policy
http://kodi.wiki/view/Official:Trademark_Policy_FAQ
(2017-05-08, 17:55)Soli Wrote:Telling how to use bittorrent in general might not be illegal, but telling in a magazine exactly which warez website to go and exacly what to search for probabaly is.(2017-05-08, 13:23)RockerC Wrote:Telling people how to install addons is like telling people how to use bittorrent, And write about and link to the "best trackers" is not going to put anyone in jail.(2017-05-08, 08:52)Soli Wrote: ...Besides the EU ruling is about selling fully loaded boxes. Selling a magazine that tells you how to install third party addons, including ones not condoned by Kodi, isn't the same thing. It is and will forever be legal.Other than clearly violating XBMC Foundation owned Kodi trademark, I'm pretty sure that making/selling a magazine that tells you how to break copyright and in stores and online through major retailers falls under "communication to the public" which would make it illegal in Europe as ruled by the EU Court of Justice.
http://curia.europa.eu/juris/document/do...cid=521879
They are not just in general telling people what "yes there are addons that give you free access to copyrighted material", they are in detailed step-by-step informing the public exactly which copyright violating addons to install and where to find those addons.
2017-05-09, 10:05
(2017-05-09, 08:54)RockerC Wrote: Telling how to use bittorrent in general might not be illegal, but telling in a magazine exactly which warez website to go and exacly what to search for probabaly is.And again - which law do you think is being broken?
They are not just in general telling people what "yes there are addons that give you free access to copyrighted material", they are in detailed step-by-step informing the public exactly which copyright violating addons to install and where to find those addons.
I'm not saying you're wrong. It just sounds like you're taking a wild shot in the dark.
Maybe the magazine authors / magazine publishers / sainsburys have missed something.
2017-05-09, 13:48
I thought kodi had the icon / name copyright so surely you can cease outlets stocking such publications that show the icon / name ??
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2017-05-09, 15:15
(2017-05-09, 09:30)JinJin Wrote: Similar (Torrent) Case:
https://torrentfreak.com/french-magazine...cy-150630/
This seems fairly relevant. I'm actually also of the opinion that the publishing company can probably get away with using the copyright and trademark under various fair use-style laws. I'm willing to bet that they know of a case that says if you use the official mark, but also include the critical first words of the title, then use of the trademark can't be called confusing. I don't know if any such case, but I bet they've paid quite a lot for lawyers that can beat all of us arm chair lawyers on this particular subject.
With that said, no amount of fair use can protect against the established law.
2017-05-09, 15:20
I'd like to know what Sky UK and BT think about it, especially as they have already won a court case to start blocking the UK's major service providers from accessing live streaming links.
I doubt they would be happy to know that a UK publication is showing its readers how to achieve this with a clear step by step guide.
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I doubt they would be happy to know that a UK publication is showing its readers how to achieve this with a clear step by step guide.
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2017-05-09, 15:37
(2017-05-09, 15:15)natethomas Wrote:French law?(2017-05-09, 09:30)JinJin Wrote: Similar (Torrent) Case:
https://torrentfreak.com/french-magazine...cy-150630/
This seems fairly relevant.
2017-05-09, 18:15
Going by the Torrentfreak article I'd definitely say its possibility that a legal investigation could happen regarding the magazine. Especially here in the UK !
Even if "by law" they are not breaking any law, I'm sure SKY would definitely pursue a case even if they can't win, they have the resources and have proven their ruthlessness when it comes to their sports channels.
Maybe as a result of the outcome the foundation could issue a copyright or trademark violation if it's cost effective and they reckon they have a good chance.
Martijn, If you, or another member of the team do mention it to Sky UK it would be nice to hear their response
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Even if "by law" they are not breaking any law, I'm sure SKY would definitely pursue a case even if they can't win, they have the resources and have proven their ruthlessness when it comes to their sports channels.
Maybe as a result of the outcome the foundation could issue a copyright or trademark violation if it's cost effective and they reckon they have a good chance.
Martijn, If you, or another member of the team do mention it to Sky UK it would be nice to hear their response
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2017-05-09, 18:33
(2017-05-09, 18:15)invisable Wrote: Going by the Torrentfreak article I'd definitely say its possibility that a legal investigation could happen regarding the magazine. Especially here in the UK !On what grounds?
How does a French law make it 'especially' possible there would be a legal investigation in the uk?
Quote:Even if "by law" they are not breaking any law, I'm sure SKY would definitely pursue a case even if they can't win, they have the resources and have proven their ruthlessness when it comes to their sports channels.And if the publishers are insured?
Why would Sky pursue a case they know they can't win? To expose a loophole?
Ask the Premier League if they're glad they went to court over the pub showing games on a Greek satellite channel.
2017-05-09, 18:45
According to EU law, you can publish almost anything because of the laws for the freedom of the press.
That includes copyright, linking you name it.
Never knew that.
That includes copyright, linking you name it.
Never knew that.
2017-05-09, 19:23
(2017-05-09, 18:33)trogggy Wrote: How does a French law make it 'especially' possible there would be a legal investigation in the uk?Fair enough, I jumped the gun, we are still part of the European Union for the time being
I'm sure they would have already been aware of the French case you mentioned earlier, they have also recently been successful in their case involving the right to block live streams of their channels which they are obviously paying a team of people to monitor these sites.
Quote:And if the publishers are insured?Good question ! I suppose it's down to them to decide IMO putting information on the internet is one thing but your appealing to a different market by putting it in a magazine and I'm sure they would not want others following the same example. I suppose it's whether they think the loss of revenue is worth the cost and the risk.
Why would Sky pursue a case they know they can't win? To expose a loophole?
Quote:Ask the Premier League if they're glad they went to court over the pub showing games on a Greek satellite channel.I remember that case. To be honest I don't expect it hurt them other than their pride, but again I'm sure they would have been aware of the possible loss, but yet they still tried. Am I right in thinking the case would be very different if the UK wasn't part of the EU.
troggy is this your line of work ?
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