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CB

Flippitty Flip
Level: 90


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Since: 02-01-11

From: Canadaland

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Posted on 07-01-11 05:05:12 AM Link | Quote
...creating a thread on Bill S.978, please research hard first and please, please do not try to start a "THE INTERNETZ IZ DEAD!" thing. I'm already sick of seeing stuff like this in every youtube video comments section. And I couldn't bear it if you guys got brainwashed by this nonsense too. If you need an example as to the paranoia I'm talking about, look here:
Youtube Link

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AFK starting next friday for a few weeks.
Kles

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Posted on 07-01-11 01:41:30 PM Link | Quote
Why not provide links to contrary posts, then?
Lunaria

Moon Bunny! :3
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Posted on 07-01-11 02:08:13 PM Link | Quote
Yeah I would like some hard based facts on the bill before anything else. I'm sure the bill in question is going to pass though.

____________________
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Drag
2640
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Posted on 07-01-11 08:32:49 PM (last edited by Drag at 07-01-11 06:11 PM) Link | Quote
2099
I searched Google for S.978, which brought me to a .gov site which showed the bill. I don't know if this is a permanent link, but:
S.978 (edit: Link should work now)

For all intents and purposes, this is basically just a DIFF. As in, this bill describes how the law is going to be changed, via the addition of bullet points, deletion of bullet points, modification of text, etc.

This bill modifies two things:
Section 2319 of Title 18 of the United States Code
Section 506 of Title 17 of the United States Code
(Again, I don't know if these are permanent links, but you can easily find them if you do a Google search like I did.)

17:506 (specifically section (a), which concerns this bill) basically defines what constitutes copyright infringement.
18:2319 defines the various punishments for the various crimes in 17:506.

The first thing to note is section (b)(1) of the bill. The current law states
by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.

so the modification would be:
by the distribution or public performance of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.

In summary, "If you knew it was copyrighted and put it on youtube (or megaupload, etc) [or streamed it live via ustream, livestream, etc, by this bill], you're infringing copyright."

Are there not already videos of gameplay on youtube? Does anyone give a flip? If you stream games live on livestream or whatever, you're just as liable as if you put it up on youtube. Given that nobody seems to care about gameplay videos on youtube, I would have to guess that nobody's going to care about gameplay streams on livestream. (More on this in a bit)

Section (b)(2) of the bill updates (3)(A) of 17:506, which defines what the phrase "work being prepared for commercial distribution" means, to include "public performances". None the less:
(3) Definition.— In this subsection, the term “work being prepared for commercial distribution” means—
(A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized distribution or public performance—
(i) the copyright owner has a reasonable expectation of commercial distribution; and

(ii) the copies or phonorecords of the work have not been commercially distributed; or
(B) a motion picture, if, at the time of unauthorized distribution or public performance, the motion picture—
(i) has been made available for viewing in a motion picture exhibition facility; and

(ii) has not been made available in copies for sale to the general public in the United States in a format intended to permit viewing outside a motion picture exhibition facility.

Please note that these laws are already in effect right now, the only thing this bill does is add "public performance" to these.

This is why people don't care if you have gameplay videos on youtube. If you look at (3)(A), it says "something that was intended to be distributed commercially, but wasn't distributed yet at the time it was streamed or shared." So if you worked at Bethesda and were working on Skyrim, and you posted a video on youtube of you playing Skyrim before it was revealed at E3, or you streamed gameplay of Skyrim before it was revealed at E3, you'd be infringing copyright. However, once Skyrim comes out, you can put gameplay videos all over youtube and livestream and you'll be fine.

(3)(B) is just stuff that applies specifically to movies, we all know what this says, but now you can't stream your movies on streaming sites either.

The rest of the bill just goes on to add a punishment for public performances of copyright infringing materials, in addition to the punishments already present for reproduction and distribution.

Guys, your LPs are safe, your video game streams are safe, stop overreacting.

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Post 8475/10052
Active 8.2 years ago
Posted on 07-02-11 02:57:45 AM Link | Quote
Yeah, I had no idea why people were up in arms over this... it's just clarification, not an actual new law.

And besides, I think people have more important things to worry about than going after game videos tossed up on YouTube.

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Sponty
Part boy, part car; Boycar, Protector and King of Chilladelphia
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Posted on 07-02-11 08:37:06 PM Link | Quote
Originally posted by Drag
*long post*

Nice to have good information on it, the only thing I could really find was paranoid ranting.

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Lunaria

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Posted on 07-03-11 10:42:15 AM Link | Quote
Originally posted by The Doctor
Originally posted by Drag
*long post*

Nice to have good information on it, the only thing I could really find was paranoid ranting.

^ This post pretty much.

____________________
Luna won't you cry for me, I'm as lonely as I've ever been. I am forced back into the start, Is there any way to fix a broken heart?
Gabu

Star Mario
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Posted on 07-03-11 06:05:16 PM Link | Quote
Everything is fine

Nothing is ruined.

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Lyskar
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Posted on 07-03-11 06:59:11 PM Link | Quote
Stats
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Metal_Man88's Post
So I guess people put in jail by the 'active' copyright holders because they streamed Yu-gi-oh 10 times is okay too.

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Sometimes, you just have to do what you feel is best, even if it seems to contradict 'conventional' wisdom.
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Nicole

Disk-kun
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Posted on 07-03-11 07:03:48 PM Link | Quote
Originally posted by Metal_Man88
So I guess people put in jail by the 'active' copyright holders because they streamed Yu-gi-oh 10 times is okay too.

has this ever happened ever

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Lyskar
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Posted on 07-03-11 07:08:53 PM Link | Quote
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Metal_Man88's Post
No, because until recently it wasn't legal to do so.

I don't think this is the end of the internet, but it also is not something we should just blase`ly ignore, giving them the idea that they can expand these things even further.

My position may be weird, neither in the alarmists' camp nor the ignoring-of-it camp, but I'll be damned if I'll let popular opinion tell me what to think.

____________________
Sometimes, you just have to do what you feel is best, even if it seems to contradict 'conventional' wisdom.
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Keitaro

Fire Snake
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Posted on 07-04-11 03:25:25 AM Link | Quote
to be fair, I'm pretty sure 4Kids should be the last person to be allowed to get upset over illegal things done with the Yu-Gi-Oh intellectual property
Lyskar
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Posted on 07-04-11 03:34:33 AM Link | Quote
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Metal_Man88's Post
Well, it was just an example. Specifically, a concerned copyright owner could go around accusing people of felonies for streaming their content. So let's playing a video game wouldn't be a problem, but god forbid you do anything with The Hurt Locker.

____________________
Sometimes, you just have to do what you feel is best, even if it seems to contradict 'conventional' wisdom.
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Keitaro

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Posted on 07-04-11 03:53:00 AM Link | Quote
I'd already gotten two youtube account obliterated due to claims of infringement of that nature. What was I doing? Playing the drums along with some popular music. Apparently the millions of shitty lipsync videos are totally acceptable, but mine which actually add something are harmful because OHNOE I don't have permission to use those songs! I personally think the copyright law is complete bullshit and even fair use has just so many loopholes to it that it may as well not fucking exist. at this point copyright serves less as a protective measure for people's ideas and intellectual properties and more as a way for people to continue being greedy.
Lunaria

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Posted on 07-04-11 10:36:44 AM Link | Quote
Originally posted by Keitaro
at this point copyright serves less as a protective measure for people's ideas and intellectual properties and more as a way for people to continue being greedy.

Pro tip: it never was after it was reestablished.


____________________
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Rusted Logic
Acmlmboard - commit 47be4dc [2021-08-23]
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