Reply to post: Re: Court rulings...

Who's behind the Kodi TV streaming stick crackdown?

Ben Tasker

Re: Court rulings...

Normally I wouldn't google it for you, but it was bugging me that I couldn't remember if I was remembering it right. Took 30 seconds to find ftr.

This is related to a case that's currently going through to try and get a decisive answer - https://www.theregister.co.uk/2015/10/13/legalities_of_streamed_video_in_europe/

Note the block

Currently, under EU law, it is not illegal to hold copies of copyright-infringing content if it is held temporarily. The argument is that streaming is a form of temporary possession.

The interpretation is based on an earlier case which was about whether users needed a license to do some other digital stuff (rather than specifically about streaming).

UK Supreme Court judgement here here

ECJ upholding it here

People are getting too hung up on "loaded" boxes etc and wether the seller or the buyer is persued - youre losing sight of the real issue , which is both parties are guilty.

The opening paragraph of the Supreme Court decision will correct you on this. "Broadly speaking, it is an infringement to make or distribute copies or adaptations of a protected work. Merely viewing or reading it is not an infringement"

So, yes, it's "ok" (legally) if you don't make a copy.

The person viewing might not morally be in the right, but they're not guilty of violating copyright as the law stands.

Of course, all this may change in the future, but that's the existing case-law for you.

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