Here's a link to ASCAP and how they use "Public Performances" and "Performance Rights", which is how this bill uses the term as well. Basically, that whole adjectival use of "public" before "performance" means transmitting (streaming) some copyrighted material into a publicly available domain - namely, the internet.
And here's relevant section of the U.S. Copyright Law (Section 506a) that the bill attempts to clarify and strengthen. It clearly makes reference to online digital distribution or access to copyrighted materials, where the internet is considered a public domain.
This bill adds bigger, sharper teeth to a previously existing definition of copyright infringement - now Mr. Copyright gets to shake an even bigger stick with a nail in it at us.
Before this bill was introduced, it was unclear how illegally streaming copyrighted materials was subject to felony penalties. This clears up an assumption that was already there: doing this is a felony in the appropriate circumstances. This doesn't mean "let's prosecute everyone as if they're mass murderers", which that term "felony" usually connotes. Here, "felony" does mean something bad, but there are levels of "badness".
Felonies are usually classified, with the worst being something like "A" and the lesser ones "F" or whatever. My guess is that this type will be the lower kind of felony, like theft (this too depending on various legal technicalities and qualifications). Also, it seems here that felony is understood as referring more to jail-time, than to the type of crime involved. This way, the bill puts more emphasis on deterrence in terms of punishment. It strengthens previous laws, and it's preemptive.
One more thing: that whole "public performances" sounds ambiguous and possibly vague, but I think they mean something like this: the transmission of some copyrighted material to the public. (ASCAP uses something like this.) You, being the person watching a stream, aren't the person doing the transmitting. And here, "public" should be understood as referring to something open to public use - like most things on the internet. So, "public" here is used in a wider sense of the word, in addition to its usual common sense meaning.
Simply, streaming materials falls under this definition, and illegally streaming copyrighted materials could land you in the bighouse for a longer stay, depending on how much you've ripped off some copyright holders. It's primarily aimed at the bigger fraudsters: those who intentionally violate copyright laws for personal profit. The bill closes a loophole in the copyright laws making prosecution more effective.
Last edited by Pleiades Rising at 7:07:37 PM CDT on June 8, 2011.
It looks like it’s mostly the television, movie, and music industries that are lobbying the crud out of the bill and Anime fans are going to get caught in the crossfire.
Under the broadest terms, were looking at people getting nailed just for embedding/ linking to infringing works on their web sites and blogs. Worst case scenreo, people also get hammered for watching infringing material ten times. Throwing the posters, bloggers, and the viewers under the bus is one of the Music Industry’s dirty fantasies along with the death of digital sharing in general. How they miss the days of vinyl.
I’m not sure how much Anime publishers will like the bill, but Funimation may take a second look at it.
(‘Cause theys dos likes to file the lawsuits)
Don't you love how lawmakers avoid real issues and go straight to misdemeanors in the effort of making the world better...
"Who cares that children are dying of starvation in our own glorious country, and throughout the whole world... Let's charge people with a class A felony for watching some shows on the computer!"
My understanding is instead of a misdemeanor, it's been bumped to a felony. In other words, the punishment for the already illegal activity was upgraded.
Archx17
Otakuite | Posted 06/11/11 | Reply
If they have their way, we're screwed
Pleiades Rising
Otaku Idol (Otaku Eternal) | Posted 06/08/11 | Reply
Here's a link to ASCAP and how they use "Public Performances" and "Performance Rights", which is how this bill uses the term as well. Basically, that whole adjectival use of "public" before "performance" means transmitting (streaming) some copyrighted material into a publicly available domain - namely, the internet.
And here's relevant section of the U.S. Copyright Law (Section 506a) that the bill attempts to clarify and strengthen. It clearly makes reference to online digital distribution or access to copyrighted materials, where the internet is considered a public domain.
Pleiades Rising
Otaku Idol (Otaku Eternal) | Posted 06/08/11 | Reply
This bill adds bigger, sharper teeth to a previously existing definition of copyright infringement - now Mr. Copyright gets to shake an even bigger stick with a nail in it at us.
Before this bill was introduced, it was unclear how illegally streaming copyrighted materials was subject to felony penalties. This clears up an assumption that was already there: doing this is a felony in the appropriate circumstances. This doesn't mean "let's prosecute everyone as if they're mass murderers", which that term "felony" usually connotes. Here, "felony" does mean something bad, but there are levels of "badness".
Felonies are usually classified, with the worst being something like "A" and the lesser ones "F" or whatever. My guess is that this type will be the lower kind of felony, like theft (this too depending on various legal technicalities and qualifications). Also, it seems here that felony is understood as referring more to jail-time, than to the type of crime involved. This way, the bill puts more emphasis on deterrence in terms of punishment. It strengthens previous laws, and it's preemptive.
One more thing: that whole "public performances" sounds ambiguous and possibly vague, but I think they mean something like this: the transmission of some copyrighted material to the public. (ASCAP uses something like this.) You, being the person watching a stream, aren't the person doing the transmitting. And here, "public" should be understood as referring to something open to public use - like most things on the internet. So, "public" here is used in a wider sense of the word, in addition to its usual common sense meaning.
Simply, streaming materials falls under this definition, and illegally streaming copyrighted materials could land you in the bighouse for a longer stay, depending on how much you've ripped off some copyright holders. It's primarily aimed at the bigger fraudsters: those who intentionally violate copyright laws for personal profit. The bill closes a loophole in the copyright laws making prosecution more effective.
Last edited by Pleiades Rising at 7:07:37 PM CDT on June 8, 2011.
KeenHavoc
Grand Otaku | Posted 06/07/11 | Reply
It looks like it’s mostly the television, movie, and music industries that are lobbying the crud out of the bill and Anime fans are going to get caught in the crossfire.
Under the broadest terms, were looking at people getting nailed just for embedding/ linking to infringing works on their web sites and blogs. Worst case scenreo, people also get hammered for watching infringing material ten times. Throwing the posters, bloggers, and the viewers under the bus is one of the Music Industry’s dirty fantasies along with the death of digital sharing in general. How they miss the days of vinyl.
I’m not sure how much Anime publishers will like the bill, but Funimation may take a second look at it.
(‘Cause theys dos likes to file the lawsuits)
link: List of supporters
Last edited by KeenHavoc at 11:58:30 PM CDT on June 7, 2011.
moonlight maiden
Otaku Legend | Posted 06/07/11 | Reply
Don't you love how lawmakers avoid real issues and go straight to misdemeanors in the effort of making the world better...
"Who cares that children are dying of starvation in our own glorious country, and throughout the whole world... Let's charge people with a class A felony for watching some shows on the computer!"
-insert uproarious agreements here-
DemonKingAtticus
A Fiery Spirit (Otaku Eternal) | Posted 06/07/11 | Reply
Perform copyright works? That sounds like it could mean anything. :/
Ace
Senile Hipster (Otaku Eternal) | Posted 06/07/11 | Reply
Felony is the term they use to describe crimes like murder and blackmail.
I think they might be overreacting a tad.
star petals
Otaku Eternal | Posted 06/07/11 | Reply
My understanding is instead of a misdemeanor, it's been bumped to a felony. In other words, the punishment for the already illegal activity was upgraded.
ChibiHanyou
Ochibi~ (Otaku Eternal) | Posted 06/07/11 | Reply
So by performing they mean posting the stream or watching them...?
I'm gonna guess posting because how is it a felony to watch a video?
Romanos Vixen
Grand Otaku | Posted 06/07/11 | Reply
Um... In laymans term? ^^' I dont get it...