New bill upgrades unauthorized streaming to a felony

[wraith808]

This is WAY OUT OF CONTROL.

(via Ars)

Two months ago, US Intellectual Property Enforcement Coordinator Victoria Espinel produced her wishlist of changes to US law. One item in particular caught our interest—the suggestion that the online streaming of copyrighted content be bumped up to a full-scale felony. Late last week, Senators Amy Klobuchar (D-MN) and John Cornyn (R-TX) introduced just such a bill.

The text of S. 978 isn't yet available from the official THOMAS system, but Klobuchar's office sent us a copy of the brief bill. Under current law, "reproducing" and "distributing" copyrighted works are felony charges and cover P2P transfers and Web downloads. But streaming is a "public performance" rather than a "distribution"—and holding a public performance without a proper license is not a felony. S. 978 adds "public performance" to the felony list.

Online streamers can now face up to five years in prison and a fine in cases where:

They show 10 or more "public performances" by electronic means in any 180-day period and
The total retail value of those performances tops $2,500 or the cost of licensing such performances is greater than $5,000

More at link

The finest congresspeople money can buy... 

[TaoPhoenix]

This bill seems *incredibly dangerous*.

Because in Boiling Frog fashion, you introduce the "structure", then other days you fiddle with the numbers.

This might hit every youtube uploader of their favorite clips!

It's a bit amazing that "Web 2.0" was built on "sharing" - how can you share anything except your own cat videos?

Look at that last sentence:

"...holding a public performance without a proper license is not a felony. S. 978 adds "public performance" to the felony list."

That's not even streaming! See the Spin Doctors at work already? Even in the article, they didn't "make Streaming a felony", they "made public performance a felony" and "streaming a subset of public performance"??!

[Stoic Joker]

I've got a few ideas on some acts they can publically perform with that bill.

[Renegade]

Oh man... I gotta buy some stock in private prisons! This is going to be so lucrative! Imagine all the innocent people we can lock up! I only wish that I could buy stock in court houses! Business is going to be booming there! Woohoo! Just think of how this is going to benefit the economy! More prison guards hired... More guns, tasers, prison uniforms, guard uniforms, food contracts for prison cafeterias, laundry contracts... Wow! What investment opportunities! Oh... but it's going to drive down the costs of license plates... better short those...

Any questions about how fascism works?

[TaoPhoenix]

I've got a few ideas on some acts they can publically perform with that bill.

-Stoic Joker (August 07, 2013, 12:03 PM)

No. No you can't, you indecently exposing felon!

[40hz]

Any questions about how fascism works?

-Renegade (August 07, 2013, 12:17 PM)

Just two:

1. How late are they open?
2. How far away are they from midtown

(with apologies to Woody Allen)

 

[app103]

Now, what else will qualify as a felonious public performance of a "copyrighted" work, under this?

How about a video of your child's birthday party, with everyone singing Happy Birthday, uploaded to youtube?

Or how about just singing it at a restaurant, if the restaurant owner hasn't secured a license for public performance? If you sing it, the restaurant owner will become guilty of a felony.

Maybe we should all meet in Washington with signs and T-shirts that read "Arrest me, I'm committing a felony" and all sing Happy Birthday in unison, over & over.

[TaoPhoenix]

Now, what else will qualify as a felonious public performance of a "copyrighted" work, under this?
...

-app103 (August 07, 2013, 01:13 PM)

Bingo App. I'd give Happy Birthday a "hardcoded exemption" under some random amendment, because it's the only song of its kind that matters, but you caught on to my general point - post a random Bon Jovi video and you're cooked.

If I didn't know better, this almost makes me want to design a new school curiculum with "practical advice", which would include Venn Diagram Analysis to Political Statements. (Right in the line of fire here!)

P.S. It's funny to see what "normal" people's idea of IP via Youtube is ... "Here's some copyrighted video, which I am posting, but as long as I say it isn't mine, I'm okay. Right??!"

[Tinman57]

  With this law and the way the MPAA and RIAA run things, if you have a video of, let's say a birthday party of your child, and there's a Bon Jovi song playing in the background, or the kids are sitting in front of a TV watching a Disney movie, you have just committed a felony.

[Stoic Joker]

(felonious public performance...) Okay, but if they use the law to start arresting mimes...could it really be that bad?

[Renegade]

1. How late are they open?
2. How far away are they from midtown

-40hz (August 07, 2013, 01:02 PM)

1. Open 365/24/7 - The 2 AM door bashing is a specialty. Although the employees are pretty grumpy, so it's not really service with a smile.
2. 0 m. They're EVERYWHERE. Check your smart TV camera for more information.