468x60 Ads



There are many videos about how this bill is going to ruin the internet for gamers. My video is different.

The bill has nothing to do with fair use. It makes no changes to the sections of copyright law that involve fair use. It is only aimed at updating the terminology to make copyright laws relevant. Even the number of times a work is publicly performed is identical to the number of copies of phonorecords one must make to be convicted.

Again, this bill is not making anything illegal that wasn't already illegal.  All it is doing is making the law clearly say that streaming someone else's copyrighted work is illegal.

The difference is this;

Currently: Uploader must make 10 physical copies of someone else's copyrighted work to be convicted and/or distribute one electronic copy. It doesn't matter if they only make one DVD of a video and show it 1 time or 1 billion times, they must make 10 copies of the DVD to be convicted AND those copies must have a total retail value of more than $2,500.

After bill passes: In addition to the number of copies they make and/or upload to the internet, the number of VIEWS any video or combination of videos receive can ALSO be used to convict if the a total retail value of those views is more than $2,500.

And this is the way the law should work. Think about it. Let's say someone makes an illegal recording of a movie being shown in theatres and then plays that video in their theatre, charging admission. Since they have only one copy they can't be charged, even if they show that copy to a ton of people and make money. But now they can be charged with a felony because it's not just how many copies they made but also how many times they showed that copy without permission.  It is much easier to prove the amount of loss revenue when you look at how many times the video was watched rather than the number of copies that were made.

This is the same concept with websites; it shouldn't be how many copies you made, but how many times the infringing video was watched.

This is a GOOD law.
Links mentioned in the video are below

Read the bill here
http://www.govtrack.us/congress/billtext.xpd?bill=s112-978

US Code Showing that copyright infringement is CURRENTLY a criminal offense resulting in jail time
http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002319----000-.html

The No Electronic Theft (NET) Act
http://www.justice.gov/criminal/cybercrime/17-18red.htm

What is a phonorecord?
http://www.quizlaw.com/copyrights/what_is_a_phonorecord.php

A Fair(y) Use Tale: Crash Course in Copyright law
http://www.youtube.com/watch?v=CJn_jC4FNDo

Update:
http://screwattack.com/blogs/RPG-Fanatic-Blog/Bill-S978-Misrepresentations-Doomsaying-and-Real-Facts

This video has been "G1 Spotlighted" on ScrewAttack, where you can find a copy of my blog.

0 comments:

Post a Comment