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WHat Law/Statute Applies in this case?
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05-04-2014 9:07pm#1
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I must be failing somewhere ..... I have been repeatedly told it is illegal for someone to receive a stream in the circumstances I have described, but I have failed miserably to find any relevant 'law' that deals with it.
This is frustrating! :mad:
...... else of course it is possible that it is not illegal to receive such streams under those circumstances .....0 -
Johnboy1951 wrote: »I must be failing somewhere ..... I have been repeatedly told it is illegal for someone to receive a stream in the circumstances I have described, but I have failed miserably to find any relevant 'law' that deals with it.
This is frustrating! :mad:
...... else of course it is possible that it is not illegal to receive such streams under those circumstances .....
I'm not very conversant in this area of law so I can't rule out the possibility that there is some relevant provision. But don't listen to most of what people say about piracy. People usually equate dishonest with illegal when it comes to IP related issues. Next time somebody tells you that it is illegal, ask them to point out how.0 -
I'm not very conversant in this area of law so I can't rule out the possibility that there is some relevant provision. But don't listen to most of what people say about piracy. People usually equate dishonest with illegal when it comes to IP related issues. Next time somebody tells you that it is illegal, ask them to point out how.
First I must apologise for not thanking those who read and especially responded to this thread. To put that right ....
Thank you
This subject came up during a discussion and has since intrigued me.
Most people are indeed confused about the copyright situation and lawfullness of streaming.
There is a difficulty when everything on Youtube is regarded as lawful; full films can be streamed from there, and yet people are told that if they go to another site and stream a film, that is unlawful.
Lots of confusion.
It is unfortunate that no one I have so far been in contact with can say for definite if the situation I described is either lawful or not, with any certainty ..... as those claiming it is unlawful are unable to point to which statute it breaches, and the others cannot really prove it is not covered by some statute they have not accessed.
So, for me, confusion remains ....... although it seems to me, now, that it is indeed lawful to receive such a stream but I cannot be certain.
As a last resort, is there any organisation/group/whatever, something like a law society, that would be able to definitively state the situation?
.... I hate the uncertainty
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ianal but surely given the example in your original post you are most likely breaking the terms and conditions of your license and maybe be guilty of receiving stolen goods
Say for instance you need a license to drink Beer because of its very high alcohol content. You have the license and are allowed to drink.
Person B steals some of Beer A and gives it you. So while you have the license to drink beer A and can legally consume the alclcholo you have received stolen goods and may be guilty of a criminal offense.
It might be similar to some mulinational shops imported gray market goods ( jeans) where they have a license to sell jeans but only those purchased through the correct channels.0 -
ianal but surely given the example in your original post you are most likely breaking the terms and conditions of your license and maybe be guilty of receiving stolen goods
Say for instance you need a license to drink Beer because of its very high alcohol content. You have the license and are allowed to drink.
Person B steals some of Beer A and gives it you. So while you have the license to drink beer A and can legally consume the alclcholo you have received stolen goods and may be guilty of a criminal offense.
It might be similar to some mulinational shops imported gray market goods ( jeans) where they have a license to sell jeans but only those purchased through the correct channels.
Grey market goods are perfectly legal see cases in the EU involving Sky and drugs. Basically you can use a Greek sky card to receive sports for your pub and you can happily import say Viagra from Poland.
The example of the pint of beer is simply theft as it deprives the real owner of that beer.0 -
ianal but surely given the example in your original post you are most likely breaking the terms and conditions of your license and maybe be guilty of receiving stolen goods
Say for instance you need a license to drink Beer because of its very high alcohol content. You have the license and are allowed to drink.
Person B steals some of Beer A and gives it you. So while you have the license to drink beer A and can legally consume the alclcholo you have received stolen goods and may be guilty of a criminal offense.
It might be similar to some mulinational shops imported gray market goods ( jeans) where they have a license to sell jeans but only those purchased through the correct channels.
None of us "consumes" broadcast or streamed services ....... despite the recent tendency to label it so.
We do not deprive anyone else of the service content when we view it.
There is no theft.
There is no consumption. 0 -
Johnboy1951 wrote: »First I must apologise for not thanking those who read and especially responded to this thread. To put that right ....
Thank you
This subject came up during a discussion and has since intrigued me.
Most people are indeed confused about the copyright situation and lawfullness of streaming.
There is a difficulty when everything on Youtube is regarded as lawful; full films can be streamed from there, and yet people are told that if they go to another site and stream a film, that is unlawful.
Lots of confusion.
It is unfortunate that no one I have so far been in contact with can say for definite if the situation I described is either lawful or not, with any certainty ..... as those claiming it is unlawful are unable to point to which statute it breaches, and the others cannot really prove it is not covered by some statute they have not accessed.
So, for me, confusion remains ....... although it seems to me, now, that it is indeed lawful to receive such a stream but I cannot be certain.
As a last resort, is there any organisation/group/whatever, something like a law society, that would be able to definitively state the situation?
.... I hate the uncertainty
Well since this is just a general discussion I will go out on something of a limb. I can't find anything in the 2000 Act which creates an offence which applies to what you are describing. I believe that generally watching streamed content doesn't involve an offence. However, if you are providing, selling, etc the copyrighted content then there would obviously be an offence.
My answer would be that in the circumstances described you would be committing no offence though the person providing the streaming would.0 -
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