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List: kde-community
Subject: Re: Babe project - Legal feedback
From: Andreas Pour <pour () knewton ! biz>
Date: 2018-02-03 19:26:22
Message-ID: 239151615.2779133.1517685982335 () mail ! yahoo ! com
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Reproducing, publicly performing or redistributing a copyrighted work without a \
license is illegal almost everywhere (China/Russia/etc. may be exceptions). RIP The \
Pirate Pay, Megaupload, etc. Not that some folks haven't made a ton of money doing \
it anyway until a crack-down.
Andreas
On Saturday, February 3, 2018 12:07 PM, Paul Brown <paul.brown@kde.org> wrote:
Hello Camilo,
Not a lawyer either and you would need confirmation from a legal expert, but
you questions are not hard:
> 1- I would like to either have the option to *stream live* the music an
> user is currently listening to to a group of friends. here the music file
> isn't being storaged in the audience computer...
> How ilegal is it? How illegal is to stream live, but privately, copyrighted
> music? and how illegal is it to stream owns music content to a selected
> group of friends?
This is illegal in most countries, since it is akin to file-sharing. In
Germany they can fine private users up to € 1,000 euros for this.
Solution: Build in a license-identifier and allow streaming of music only
under permissive licenses or in the public domain.
> 2- If the stream part wouldn't be enough problem, I'd also like to sync a
> user playlist marked as public to some other friends, that would mean to
> share music files between users, and technically downloading another users
> music files. How illegal is this part? how illegal is to share a music file
> for example, in a conversation in telegram or whatsapp, or even how illegal
> is it to send a mp3 to a friend over an email or even over google drive?
Illegal in most countries because it is actual file-sharing of copyrighted
material.
Solution 1: see above and only allow sharing of music distributed under
permissive licenses.
Solution 2: allow sharing the playlist, only the list, but not the files
themselves. Excuse me because I don't know much about your software, but, if
you share the list, surely there would be a way to allow the receiving users
to compile the list from their existing collection and complete it legally by
facilitating purchasing of the missing songs from a store or using an online
streaming service like Spotify (or whatever kids use nowadays).
There is a silver-lining though: If you do implement a license identifier (I
have no idea how that would work) and users see the additional advantage of
listening to free (as in freedom) because of the extra features they can
enjoy, you will be helping the Free Culture movement.
Cheers
Paul
--
Promotion & Communication
www: http://kde.org
Mastodon: https://mastodon.technology/@kde
Facebook: https://www.facebook.com/kde/
Twitter: https://twitter.com/kdecommunity
[Attachment #3 (text/html)]
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font-family:verdana, helvetica, sans-serif;font-size:16px"><div \
id="yui_3_16_0_ym19_1_1517320063890_300810"><br></div><div dir="ltr" \
id="yui_3_16_0_ym19_1_1517320063890_300940">Reproducing, publicly performing or \
redistributing a copyrighted work without a license is illegal almost everywhere \
(China/Russia/etc. may be exceptions). RIP The Pirate Pay, Megaupload, \
etc. Not that some folks haven't made a ton of money doing it anyway until a \
crack-down. <br></div><div dir="ltr" \
id="yui_3_16_0_ym19_1_1517320063890_300975"><br></div><div dir="ltr" \
id="yui_3_16_0_ym19_1_1517320063890_300941">Andreas<br></div><div \
class="qtdSeparateBR"><br><br></div><div class="yahoo_quoted" style="display: \
block;"> <div style="font-family: verdana, helvetica, sans-serif; font-size: 16px;"> \
<div style="font-family: HelveticaNeue, Helvetica Neue, Helvetica, Arial, Lucida \
Grande, sans-serif; font-size: 16px;"> <div dir="ltr"><font size="2" face="Arial"> On \
Saturday, February 3, 2018 12:07 PM, Paul Brown <paul.brown@kde.org> \
wrote:<br></font></div> <br><br> <div class="y_msg_container"><div dir="ltr">Hello \
Camilo,<br clear="none"><br clear="none">Not a lawyer either and you would need \
confirmation from a legal expert, but <br clear="none">you questions are not hard:<br \
clear="none"><br clear="none">> 1- I would like to either have the option to \
*stream live* the music an<br clear="none">> user is currently listening to to a \
group of friends. here the music file<br clear="none">> isn't being storaged in \
the audience computer...<br clear="none">> How ilegal is it? How illegal is to \
stream live, but privately, copyrighted<br clear="none">> music? and how \
illegal is it to stream owns music content to a selected<br clear="none">> group \
of friends?<br clear="none"><br clear="none">This is illegal in most countries, since \
it is akin to file-sharing. In <br clear="none">Germany they can fine private users \
up to € 1,000 euros for this.<br clear="none"><br clear="none">Solution: Build in a \
license-identifier and allow streaming of music only <br clear="none">under \
permissive licenses or in the public domain.<br clear="none"><br clear="none">> 2- \
If the stream part wouldn't be enough problem, I'd also like to sync a<div \
class="yqt0888448848" id="yqtfd24254"><br clear="none">> user playlist marked as \
public to some other friends, that would mean to<br clear="none">> share music \
files between users, and technically downloading another users<br clear="none">> \
music files. How illegal is this part? how illegal is to share a music file<br \
clear="none">> for example, in a conversation in telegram or whatsapp, or even how \
illegal<br clear="none">> is it to send a mp3 to a friend over an email or even \
over google drive?</div><br clear="none"><br clear="none">Illegal in most countries \
because it is actual file-sharing of copyrighted <br clear="none">material. <br \
clear="none"><br clear="none">Solution 1: see above and only allow sharing of music \
distributed under <br clear="none">permissive licenses.<br clear="none"><br \
clear="none">Solution 2: allow sharing the playlist, only the list, but not the files \
<br clear="none">themselves. Excuse me because I don't know much about your software, \
but, if <br clear="none">you share the list, surely there would be a way to allow the \
receiving users <br clear="none">to compile the list from their existing collection \
and complete it legally by <br clear="none">facilitating purchasing of the missing \
songs from a store or using an online <br clear="none">streaming service like Spotify \
(or whatever kids use nowadays).<br clear="none"><br clear="none">There is a \
silver-lining though: If you do implement a license identifier (I <br \
clear="none">have no idea how that would work) and users see the additional advantage \
of <br clear="none">listening to free (as in freedom) because of the extra features \
they can <br clear="none">enjoy, you will be helping the Free Culture movement.<br \
clear="none"><br clear="none">Cheers<br clear="none"><br clear="none">Paul<br \
clear="none">-- <br clear="none">Promotion & Communication<br clear="none"><br \
clear="none">www: <a shape="rect" href="http://kde.org/" \
target="_blank">http://kde.org</a><br clear="none">Mastodon: <a shape="rect" \
href="https://mastodon.technology/@kde" \
target="_blank">https://mastodon.technology/@kde</a><br clear="none">Facebook: <a \
shape="rect" href="https://www.facebook.com/kde/" \
target="_blank">https://www.facebook.com/kde/</a><br clear="none">Twitter: <a \
shape="rect" href="https://twitter.com/kdecommunity" \
target="_blank">https://twitter.com/kdecommunity</a><div class="yqt0888448848" \
id="yqtfd60217"><br clear="none"></div></div><br><br></div> </div> </div> \
</div></div></body></html>
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