Legal Issue about Streaming, Hosting, or Watching Contents

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iptv4free Offline
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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
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castalla Offline
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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.
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Hitcher Offline
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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
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Mighty_Diamond Offline
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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.
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Mighty_Diamond Offline
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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
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Mighty_Diamond Offline
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Post: #6
I wrote this very quick, so if you need help clarifying anything let me know
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Mighty_Diamond Offline
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Post: #7
Hope it helped.
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iptv4free Offline
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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.
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castalla Offline
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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!).
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chuck1947 Offline
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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.
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beatboks Offline
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Post: #11
As others have said the law varies from country to country.

For the most part watching a stream doesnt break the law because at no point do yoi have all tue content.

Hosting a stream has varying levels of legality. Yoitube for example is perfectly legal but not everything on youtube is. Youtube often pulls videos down when their legality is questioned by the one who holds the actual legal rights. Other video hosting sites/services like primewire or file sharing sites operate in a similar way. They offer the ability for people to host or share content over the net, they leave the legality of what is shared up to the one sharing and Will pull down when ever questioned. That doesn't mean the content on them is legal. There can be comtent that isn't and it might stay available for years or even decades if its not worth spending the money to check the legal rigjts of the hoster. After all individuals can purchase the rights to licensed content to legally disceminate publicly. I had a mobile disco company for 20+ years. Each year I paid a license fee to be able to play copyrighted music content in public based on the number of systems I had and the capacity of the crowds tjey coukd play to. I payed another license for video based on the number of screens and size i used (for both music video and for stunt and humourous vids). Night clubs and music venuesndo the same as do radio (again based on audience size and time of operation). Obviously radio stations play adds to pay for and profit from their payed for legal right. I sold my sercices (and naturally charged considerably more for video capacity than just music- vid license much more expensive).

Similarly individuals or companies can purchase the rights to show material in certain market places. Doing so for a popular shiw where the cost of rights is low enough but worth the risk to to try and get paid due to hits (the reason youtube pays for viral content is after all the ad revinue generated) is likely and is done. This is why much of this content stays up becauae the cost of investigating whether the hosts seen are actually the few dozen with the rights isnt worth the effort, and the cost of having to reimburse someone who had the rights to material because you had their content pulled beleiving they didnt is also costly (projected lost returns during period pulled plus damage to reputation of host ).

What you can be absolutely certain of is that any link that gives you a pay per view content or a live sporting event not available on free to air tv or an actual TV channel that one has to pay for without somehow charging you is a complete breach of the law. Cameras cant even enter premium sporting events without paying for the rights to, to the sporting association. They pay for the rights to broadcast in a certain area only (so there is question sometimea if a perfectly legal source is even legal in your market- if you need a vpn to view than probably definitely not)

I realise this doesnt direcrly answer to questions but its the most accurate answer I can come up with
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beatboks Offline
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Post: #12
(2012-02-21 18:51)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.

Just saw this
As I said in the last post. Broadcasters pay for the rights to broadcast in a market. Some asian channels shouldnt be legally available in canada.

I pay for an IPTV service in Australia that is essentially from Indonesia (neighboring region). I get all tue normal channels that are part of the package but not several of the premium sports because they only have the rights to air in asia and Indonesia.

Hosting content if you havent paid in some way for the rights to that content is taking a huge risk IMHO. It shouldn't be necessary there are plenty of legal Avenues of streaming thu things like free to air and catch up TV all of which have addons available.

Quote: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.

Its not even just a case of selling more, but the actual streaming generates vast revenue.
Consider the fact that Google is one of the richest companies in the world and yet sells nothing to the end user, but everyone using a Google search engine sees ads for things that they've been shopping for because their cookies are tracked. It''s therefore the most effective form of advertising and a highly sought after one which generates revunue. PSY has earned $2 million dollars from his you tube hits on gangnum style on top of his actual record sales. The top 10 youtube earners combined make 70 million.

The way I see it in the not too distant future all media content will be free on line to the end user to stream whenever they want. Highsought after content will mass hits quick and save immensely on things like marketing and production of solid content (disks), logistics etc. Think about how much more a movie maker or recording artist could make if they reciece a small payment every time someone watches or listens to their creationinstead of when they purchase the content to use over and over. The returns could be so much greater
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DarrenHill Offline
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Post: #13
You do realise you're answering a 4-5 year old thread, right? Quite how you "just saw it" I have no idea...

Anyway moving this to Kodi discussions as it has nothing to do with video add-on support.

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beatboks Offline
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Post: #14
(2017-07-11 09:35)DarrenHill Wrote:  You do realise you're answering a 4-5 year old thread, right? Quite how you "just saw it" I have no idea...

Anyway moving this to Kodi discussions as it has nothing to do with video add-on support.

Actually i didnt. Thanks.

I had an email via kodi forums with a legal question. Couldnt find so googled kodi forum legal and got this.
The just saw comment was relating to tge quote. Had only read the opening postcwhen i responded. Having tead further, this wasn't the thread i got an email over, don't know what was. Sctatch that. Now that youve moved it ive seen the question in kodi discussions a few threads below. Tge legal ? With the edited out link
(This post was last modified: 2017-07-11 23:44 by beatboks.)
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The Judge Offline
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Question  RE: Legal Issue about Streaming, Hosting, or Watching Contents
Post: #15
Hi.
I'm new to this Forum, but I have many views relating to the issue of 'copyright' material.
Skimming quickly over the contents here, I note that there are many questions as to 'when, how, if, illegal,
'work around' etc. But, should not this be addressed Globally!
Copyright issues are not only shared by the USA and the UK - they are prevalent throughout the World.
All Governments should 'forge' an Agreement which would be recognised Universally, then perhaps all
this controversy would cease!
Too much money is being made by large Corporations, from 'OUR' digital air space, to name one mode
of access.
In my opinion, it is about time that all this nonsense over 'copyright- material ceased. Particularly in a commodity - as a CD 0r DVD.
When you purchase these, why should there be ANY restrictions as to their use! Are there any other similar items to these, that this applies?
If there are, please enlighten me.
On another note, I see that 'Facebook' are ''blanking' Kodi and I am wondering why.
For, in my opinion they are the greatest copyright breakers, who can publish ALL your personal and private details World-wide!
Are Facebook subscribers aware of this (is it in the 'small print') when they sign-up!
If what I have written is not totally accurate, I would be most obliged if anyone could correct me!

Thanks. 'The Judge'.
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