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European Court Rules Against Piracy Enabled Media Players
The EU Court of Justice ruled that media players that come pre-configured to stream pirated content are not legal in the European Union. This case was started by a Dutch anti-piracy organization, which brought suit against Filmspeler.nl, a company in the Netherlands selling media players using Kodi and plug-ins which allowed quick and easy access to illegal streaming sites on the net.
Mostly running Android, these devices are often supplied with software such as the neutral Kodi platform augmented with third-party addons, each designed to receive the latest films, TV shows or live sports, with minimum input from the user.
One of perhaps hundreds of sites involved in these sales was Netherlands-based Filmspeler.nl (Movie Player), an online store that found itself targeted by Dutch anti-piracy group BREIN. Filmspeler’s owners felt that its pre-configured devices were legal, arguing that their sale did not amount to a “communication to the public” as determined by the EU Copyright Directive.
The European court set out five conditions that must be met if you wish to reproduce copyright protected material:
- When the act is temporary
- When it’s transient or incidental
- When it’s an integral and essential part of a technological process
- When the sole purpose of that process is to enable a transmission in a network between third parties by an intermediary or a lawful use of a work or protected subject matter
- The act has no independent economic significance
None of these were applicable in the case against Filmspeler.nl, and this seemed to be an easy decision for the court. It will have far reaching consequences across Europe, where other cases are being heard regarding this type of media player.
Since copyrighted works are obtained from streaming websites without obtaining permission from copyright holders, the above standards are not completely met and no copyright exceptions are available. Streaming copyrighted content from an illicit source can therefore be considered illegal.
The Filmspeler case will now head back to the Dutch court but this decision is likely to echo all around Europe and have a notable and immediate effect on pending cases involving ‘pirate’ boxes and illicit streaming.
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trentbg
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Posts: 55
Joined: 2009-11-05
#5425110 Posted on: 04/27/2017 02:44 PM
LOL, exactly! Stupid obedient EU organizations, taking money straight from MPAA never learned, you can't stop, what can't be stopped. Not with force at least.
So, I guess, pirates will just sell clean boxes and provide smart manuals describing how to configure everything (or even 1-click installators).
LOL, exactly! Stupid obedient EU organizations, taking money straight from MPAA never learned, you can't stop, what can't be stopped. Not with force at least.
NewTRUMP Order
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Posts: 375
Joined: 2017-02-04
#5425144 Posted on: 04/27/2017 03:57 PM
Good move now you just increased the profit margin for the pirates. That will teach them!
Good move now you just increased the profit margin for the pirates. That will teach them!
schmidtbag
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Posts: 4007
Joined: 2012-11-10
Senior Member
Posts: 4007
Joined: 2012-11-10
#5425159 Posted on: 04/27/2017 04:37 PM
What an utterly stupid idea. This will not stop piracy; all it does it make things difficult for people to make their own content.
Media producers really seem to lose touch when it comes to pirates. They have no clue that their proposed DRMs, rules, regulations, mediums, and devices do nothing but inconvenience honest buyers, and they don't realize that the pirates were never going to buy their product in the first place.
I've always found this to be relevant:
http://i.imgur.com/GxzeV.jpg
What an utterly stupid idea. This will not stop piracy; all it does it make things difficult for people to make their own content.
Media producers really seem to lose touch when it comes to pirates. They have no clue that their proposed DRMs, rules, regulations, mediums, and devices do nothing but inconvenience honest buyers, and they don't realize that the pirates were never going to buy their product in the first place.
I've always found this to be relevant:
http://i.imgur.com/GxzeV.jpg
sdamaged99
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Joined: 2006-12-12
Senior Member
Posts: 2023
Joined: 2006-12-12
#5425219 Posted on: 04/27/2017 07:04 PM
I'm glad.
No more reading about "Full Loaded" Kodi boxes, giving the media player a bad name, and having to read about morons complaining Kodi is "crap" as it's always crashing when they try to watch their shoddy live iptv apps
I'm glad.
No more reading about "Full Loaded" Kodi boxes, giving the media player a bad name, and having to read about morons complaining Kodi is "crap" as it's always crashing when they try to watch their shoddy live iptv apps
Extraordinary
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Posts: 19270
Joined: 2010-04-21
#5425222 Posted on: 04/27/2017 07:09 PM
lol yea, I've had my share of people whining that KODI is crap because all the streams keep buffering or don't work, they don't seem to be able to grasp that KODI is just a media player with the ability to add streams, if they buffer or don't work that's nothing to do with KODI, but no, KODI is the problem and they refuse to use it because of that
and having to read about morons complaining Kodi is "crap" as it's always crashing when they try to watch their shoddy live iptv apps
lol yea, I've had my share of people whining that KODI is crap because all the streams keep buffering or don't work, they don't seem to be able to grasp that KODI is just a media player with the ability to add streams, if they buffer or don't work that's nothing to do with KODI, but no, KODI is the problem and they refuse to use it because of that
Margalus
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Posts: 186
Joined: 2016-07-09
#5425335 Posted on: 04/27/2017 11:24 PM
I cannot believe how many people here support piracy. This may not stop piracy. But there is absolutely no reason to let it continue and condone piracy.
They really need to start cracking down on illegal downloads and string up the people doing it.
I cannot believe how many people here support piracy. This may not stop piracy. But there is absolutely no reason to let it continue and condone piracy.
They really need to start cracking down on illegal downloads and string up the people doing it.
schmidtbag
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Posts: 4007
Joined: 2012-11-10
#5425348 Posted on: 04/28/2017 12:19 AM
I cannot believe how many people here support piracy. This may not stop piracy. But there is absolutely no reason to let it continue and condone piracy.
They really need to start cracking down on illegal downloads and string up the people doing it.
I see nobody here who is condoning piracy. Instead, people here (like myself) either find these attempts of stopping it to be pathetic or a burden to honest buyers. Policies like this will not help anyone - it'll just appease a few CEOs with a false peace of mind. It is no more effective than trying to protect your home from burglars via a locked screen door.
"Cracking down" on illegal downloads isn't that easy. Stopping the downloader would often be an illegal act in of itself, since the only way to actually do that is to:
* Censor their network activity (which infringes upon the rights of many countries)
* Confiscate their hardware (which would require a warrant - a process that would be too slow to pursue)
* Arrest the downloader (which involves a breach of privacy).
So you could argue "ok then, let's just stop the problem from the source - the uploader" but usually the uploader is located in a country that doesn't give a crap about the laws of others. That drastically limits the possibility of stopping the average pirate.
The way I see it, this is no different than growing crops. There's a certain percentage of your crops that wildlife/pests will consume, and there's a certain amount that will be too defective to sell. Farmers can address these problems using pesticides or special fertilizers, but often that results in the food tasting worse, being slightly toxic, or hurting things that help the plants grow (such as bees). In an economic sense, the only major differences between a farmer and a media producer are the media can be reproduced indefinitely, and, media is not essential to live.
I cannot believe how many people here support piracy. This may not stop piracy. But there is absolutely no reason to let it continue and condone piracy.
They really need to start cracking down on illegal downloads and string up the people doing it.
I see nobody here who is condoning piracy. Instead, people here (like myself) either find these attempts of stopping it to be pathetic or a burden to honest buyers. Policies like this will not help anyone - it'll just appease a few CEOs with a false peace of mind. It is no more effective than trying to protect your home from burglars via a locked screen door.
"Cracking down" on illegal downloads isn't that easy. Stopping the downloader would often be an illegal act in of itself, since the only way to actually do that is to:
* Censor their network activity (which infringes upon the rights of many countries)
* Confiscate their hardware (which would require a warrant - a process that would be too slow to pursue)
* Arrest the downloader (which involves a breach of privacy).
So you could argue "ok then, let's just stop the problem from the source - the uploader" but usually the uploader is located in a country that doesn't give a crap about the laws of others. That drastically limits the possibility of stopping the average pirate.
The way I see it, this is no different than growing crops. There's a certain percentage of your crops that wildlife/pests will consume, and there's a certain amount that will be too defective to sell. Farmers can address these problems using pesticides or special fertilizers, but often that results in the food tasting worse, being slightly toxic, or hurting things that help the plants grow (such as bees). In an economic sense, the only major differences between a farmer and a media producer are the media can be reproduced indefinitely, and, media is not essential to live.
HeavyHemi
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Posts: 6140
Joined: 2008-10-27
#5425397 Posted on: 04/28/2017 05:16 AM
I see nobody here who is condoning piracy. Instead, people here (like myself) either find these attempts of stopping it to be pathetic or a burden to honest buyers. Policies like this will not help anyone - it'll just appease a few CEOs with a false peace of mind. It is no more effective than trying to protect your home from burglars via a locked screen door.
"Cracking down" on illegal downloads isn't that easy. Stopping the downloader would often be an illegal act in of itself, since the only way to actually do that is to:
* Censor their network activity (which infringes upon the rights of many countries)
* Confiscate their hardware (which would require a warrant - a process that would be too slow to pursue)
* Arrest the downloader (which involves a breach of privacy).
So you could argue "ok then, let's just stop the problem from the source - the uploader" but usually the uploader is located in a country that doesn't give a crap about the laws of others. That drastically limits the possibility of stopping the average pirate.
The way I see it, this is no different than growing crops. There's a certain percentage of your crops that wildlife/pests will consume, and there's a certain amount that will be too defective to sell. Farmers can address these problems using pesticides or special fertilizers, but often that results in the food tasting worse, being slightly toxic, or hurting things that help the plants grow (such as bees). In an economic sense, the only major differences between a farmer and a media producer are the media can be reproduced indefinitely, and, media is not essential to live.
What if, instead of wildlife, it was your neighbors stealing 5% of your crops?
So lets stick with the context humans stealing not dumb animals foraging for food.
I see nobody here who is condoning piracy. Instead, people here (like myself) either find these attempts of stopping it to be pathetic or a burden to honest buyers. Policies like this will not help anyone - it'll just appease a few CEOs with a false peace of mind. It is no more effective than trying to protect your home from burglars via a locked screen door.
"Cracking down" on illegal downloads isn't that easy. Stopping the downloader would often be an illegal act in of itself, since the only way to actually do that is to:
* Censor their network activity (which infringes upon the rights of many countries)
* Confiscate their hardware (which would require a warrant - a process that would be too slow to pursue)
* Arrest the downloader (which involves a breach of privacy).
So you could argue "ok then, let's just stop the problem from the source - the uploader" but usually the uploader is located in a country that doesn't give a crap about the laws of others. That drastically limits the possibility of stopping the average pirate.
The way I see it, this is no different than growing crops. There's a certain percentage of your crops that wildlife/pests will consume, and there's a certain amount that will be too defective to sell. Farmers can address these problems using pesticides or special fertilizers, but often that results in the food tasting worse, being slightly toxic, or hurting things that help the plants grow (such as bees). In an economic sense, the only major differences between a farmer and a media producer are the media can be reproduced indefinitely, and, media is not essential to live.
What if, instead of wildlife, it was your neighbors stealing 5% of your crops?
So lets stick with the context humans stealing not dumb animals foraging for food.
schmidtbag
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Posts: 4007
Joined: 2012-11-10
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Posts: 4007
Joined: 2012-11-10
#5425399 Posted on: 04/28/2017 05:19 AM
What if, instead of wildlife, it was your neighbors stealing 5% of your crops?
So lets stick with the context humans stealing not dumb animals foraging for food.
Honestly that doesn't really change my point... It isn't unheard of for people to steal from farmers either. But even then, where are you getting 5% from?
Anyway complaining about using animals is needlessly nitpicky and does not detract from my analogy.
What if, instead of wildlife, it was your neighbors stealing 5% of your crops?
So lets stick with the context humans stealing not dumb animals foraging for food.
Honestly that doesn't really change my point... It isn't unheard of for people to steal from farmers either. But even then, where are you getting 5% from?
Anyway complaining about using animals is needlessly nitpicky and does not detract from my analogy.
RandomDriverDev
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Posts: 111
Joined: 2017-04-07
#5425400 Posted on: 04/28/2017 05:24 AM
your analogy doesn't work HeavyHemi.
"piracy" in the software world, doesn't remove content from an owner, it just takes a small amount of money away from their already obscene profits.
The industry is spending more money on chasing people that never would have bought their product anyway instead of accepting that the people who did buy it is their real source of revenue.
your analogy doesn't work HeavyHemi.
"piracy" in the software world, doesn't remove content from an owner, it just takes a small amount of money away from their already obscene profits.
The industry is spending more money on chasing people that never would have bought their product anyway instead of accepting that the people who did buy it is their real source of revenue.
KissSh0t
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Joined: 2011-10-22
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Posts: 6758
Joined: 2011-10-22
#5425410 Posted on: 04/28/2017 05:49 AM
RandomDriverDev
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#5425414 Posted on: 04/28/2017 05:58 AM
I would, and I can.
http://www.dailymail.co.uk/sciencetech/article-2756181/History-making-The-futuristic-3D-printed-car-just-40-parts-costs-11-000-takes-44-hours-build.html
I would, and I can.
http://www.dailymail.co.uk/sciencetech/article-2756181/History-making-The-futuristic-3D-printed-car-just-40-parts-costs-11-000-takes-44-hours-build.html
KissSh0t
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Posts: 6758
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#5425423 Posted on: 04/28/2017 06:34 AM
I would, and I can.
http://www.dailymail.co.uk/sciencetech/article-2756181/History-making-The-futuristic-3D-printed-car-just-40-parts-costs-11-000-takes-44-hours-build.html
Witchcraft!
I would, and I can.
http://www.dailymail.co.uk/sciencetech/article-2756181/History-making-The-futuristic-3D-printed-car-just-40-parts-costs-11-000-takes-44-hours-build.html
Witchcraft!
Fox2232
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Posts: 9017
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#5425434 Posted on: 04/28/2017 07:12 AM
This is very dangerous shift in legal view.
At this point, end user is not sued/fined/imprisoned for clicking some link to vodlocker (or similar) and watching movie stream online, since he is not redistributing this content.
This player does looking for link part for you, and in same way is not sharing this content to 3rd party.
In other words "preconfigured kodi player" = "human" from perspective of action taken to view some movie online from non-original source.
At this moment they ruled that it is device maker, who is breaching law(s).
Next step will be ownership of such box.
And then doing what you did till now (online streaming through some website) will be subject of sentencing because some banned streaming box does the same.
This is shift in direction where general population will be subject of extortion.
This is very dangerous shift in legal view.
At this point, end user is not sued/fined/imprisoned for clicking some link to vodlocker (or similar) and watching movie stream online, since he is not redistributing this content.
This player does looking for link part for you, and in same way is not sharing this content to 3rd party.
In other words "preconfigured kodi player" = "human" from perspective of action taken to view some movie online from non-original source.
At this moment they ruled that it is device maker, who is breaching law(s).
Next step will be ownership of such box.
And then doing what you did till now (online streaming through some website) will be subject of sentencing because some banned streaming box does the same.
This is shift in direction where general population will be subject of extortion.
Click here to post a comment for this news story on the message forum.
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So, I guess, pirates will just sell clean boxes and provide smart manuals describing how to configure everything (or even 1-click installators).