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Downloading streamed videos online using a third party software/application, should one be liable for copyright infringement?
Anonymous2 views2 answers
Downloading streamed videos online from a legal site, using a third party software/application. Should one be liable for copyright infringement? YouTube, as an example, if you go into the site and click on the video, you will have the option to "download" the video for further watching, offline. Is it illegal to do that?
The user is downloading it using a non-torrent application (not using P2P). Doesn't have to be a "member" to view the subject, public domain. --If the video is copyrighted, is it not the website's fault, or one who uploaded it to stream it online and make it public domain? Like Youtube, should you put up a copyrighted scene from a movie, they take it down. If they fail to, and the downloader of the scene doesn't realize it is public domain, is he/she liable for infring..?
This is far simpler that you make it appear.
First, there is no such thing as a "legal site" or an illegal site. All websites are "legal" -- though it is true that some websites make available copyrighted material for streaming or download that the website owner does not have the right to make available. So, in that situation, the website owner is infringing the copyright(s) in that material. [Whether the owner is immune from liability under a DMCA safe harbor is a different question].
Second, if a visitor to one of those websites downloads copyrightable material that the website owner does not have the right to make available then the visitor is also infringing the copyright(s) in that material. It is irrelevant whether the visitor downloads directly or via some other application [like RealPlayer].
Third, just because it is easy to download copyrightable material does not mean that is lawful.
Fourth, there are many websites and applications that facilitate the copying of copyrightable material or actually does the copying. Those websites and applications are, for the most part, lawful because they have substantial non-infringing uses. They, of course, can be used to infringe copyrights by those who travel the internet. But lots of things can be used unlawfully and the folks who make or sell them are not liable for how they're used.
You have a bunch of questions, not one.
Video streaming is the current choice of deliberate copyright infringers because technology has not caught up to catch the viewers. Expect that to change. You can be sure the technology or law will catch it soon.
Of course "one" should be liable for copyright infringement for knowingly video streaming a copyrighted video without permission.
You can't be serious can you in asking if downloading illegal content magically becomes legal if it is done by video streaming rather than P2P. You surely know better.
Copyright infringement is a strict liability tort. You don't get a pass if you don't know it is illegal. All that does is perhaps give you what is called an "innocent infringer" defense to enhanced damages.
Now that we have your IP address, we are coming after you! Psyche.
