K
King_Louis_IX
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But the question remains: Are we supporting illegal activity by watching the videos? Is it immoral in this instance?
Patrick McKay did not comment about that in the email to me. I want to know the answer to your question, maybe you could ask in ‘As an apologist’But the question remains: Are we supporting illegal activity by watching the videos? Is it immoral in this instance?
That’s a very interesting article, but boy is that ruling convoluted. What I essentially gather from that is that as viewers, we’re not breaking copyright laws by watching illegal stuff on Youtube, we’re just plain, old-fashioned stealing. That makes understanding this so much simplerI emailed Patrick McKay, who has a website and is an attorney. I asked him in the email about if it was illegal for me to watch music videos, film mash ups with music in the background, clips of television shows and movies, but not full television or movies, youtube videos, that were not uploaded by the content owner, and here is his response which he has allowed me to quote. He is not a Priest, he can not comment on if it is a sin to watch a video on youtube that commits copyright infringement
No it’s not illegal to watch. Courts have ruled that while the person who uploads copyright infringing content to a streaming site is liable for copyright infringement, someone who just watches infringing content on streaming site does not commit copyright infringement.
Patrick McKay
Attorney at Law
Cell: (303) 809-3613
Email: patrick@fairusetube.org
I sent another email asking what court cases those were and another email asking if I could quote him and he said
Sure you can quote me. Here’s an article talking about that court ruling: techdirt.com/articles/20120803/05165019928/judge-posner-embedding-infringing-videos-is-not-copyright-infringement-neither-is-watching-them.shtml
Patrick McKay
Stealing is illegal. If watching a youtube video is not illegal, how is it stealing?That’s a very interesting article, but boy is that ruling convoluted. What I essentially gather from that is that as viewers, we’re not breaking copyright laws by watching illegal stuff on Youtube, we’re just plain, old-fashioned stealing. That makes understanding this so much simpler.
We have a pretty straightforward answer to the illegal Youtube videos question, then: Thou shalt not steal, 7th Commandment.
I don’t know if you’re aware of this, but creating fan-art is technically copyright infringement (making no distinctions between whether you’re doing it for profit or not, or if you’re posting it on the internet or not)Okay, I see what you are saying. The problem with your scenarios, though, is that there is still something wrong going on in many instances. If you loan or give your own copy of a CD to a family member, nothing wrong is done. If you make a copy of a CD you bought to give to family, then yes, you actually are doing something illegal and immoral. The intention is still irrelevant in that scenario. If you want to share something with a family member, then you should give them your own copy, or if you like it enough (or think they will), buy them a copy. Neither of those things is illegal or immoral. By making a new copy to give to someone, even a family member, you are depriving someone else of money that they ought to have earned.
In the Youtube case, where is the line drawn? Who determines what is “significant” or “small” when it comes to a clip? What if, through the actions of many such uploaders, an entire film ends up becoming available to watch? Each individual, in your argument, has done nothing immoral, yet the actions of many combined may result in great harm to the owner of the film. Even though the injury to the owner is small in one case, it adds to the overall harm done. Stealing a pack of gum is insignificant compared to stealing a car, but both are wrong. The consequences and impact may differ, but the underlying principle of “do not steal” is still coherent throughout. Stealing a small part of something is still stealing. Copying a small part and giving it away to the public is still infringing.
I really do understand what you’re trying to say. It “feels” innocent enough to only upload a small part of a greater work. That’s the problem, though, in that it isn’t the uploader’s right to do so in the first place. They have no independent rights to the work at all, period. The only rights they have are those conferred on them by the owner, which in the case of buying a movie, is the right to view privately. You don’t have the right to copy it; you don’t even have the right to circumvent the movie’s encryption (a whole other set of laws) which would allow you to upload the clip in the first place. Excepting Fair Use laws (which these examples would not fall under), there are very few rights people have when it comes to dealing with other’s works.
This is not overly difficult to work out from a moral standpoint. In your book example, you have legally purchased the book. If your brother reads it (assuming he has your permission), that is your prerogative to lend it to him. The key here is that while he is borrowing the book from you, you do not have access to it. There is no duplicate copy being made because you are deprived of the copy while he has it. Similarly, if you choose to read it together, that is your right to share it with him because no second copy is made. If he does take it without your permission, you can take it back and deprive him of it. This is why it’s perfectly legit to lend physical books, movies, games, etc. to others because only one person at a time has possession of the copy.Let’s try another example. I buy a book, and stick it on my bookshelf. I think it is ok to let my brother read it as many times as he wants. True, my brother is enjoying a product he would otherwise have to pay for. In fact, let’s say I am exceedingly lazy and so I make a copy of the book to go in another room in the house, so that I can read there without having to walk back and forth. I do not think that is immoral either (besides perhaps the laziness aspect…). However, I certainly cannot go and hand out copies of the book to my neighborhood.
Again, the same principle applies. Your mother and sister can share shoes because when you legally own something, you may give it to whomever you wish. Also, while one your sister wears the shoes, your mother is not, and vice versa.A second example. Let’s say my mother and my sister share shoes. The shoemaker is missing out on sales from each shared pair of shoes to my sister. I do not think that she is committing sin. However, she cannot let the whole neighborhood share her shoes.
This is categorically different than the other examples you’ve posted. You have created a new copy for another individual, a right you did not possess. You are allowed to burn CD’s because of a principle in audio law called format shifting. Movies are not included in format shifting, though. This is why newer movies have started to include their own digital copies of the material in the purchase, as an disincentive against customers trying to break the law by circumventing a DVD encryption. People have been trying to justify format shifting their DVD’s for the past decade by saying the movie studios don’t offer them what they want, the freedom to watch anywhere/anytime. Now, these lawbreakers have no excuse.I think letting my brother burn the CD is the same idea. It is not just a matter of the quantity of people involved, because that would not necessarily justify the sharing. I think the relationship to the person matters in this case.
We are Catholics, though, and we are called to be better. I suggest contemplating Ephesians 4:15-24 vatican.va/archive/ENG0839/__P10B.HTM, as it talks about becoming a new man and the kind of life we are meant to lead.Perhaps these every day occurrences in real life, of which there are many, can be separated into categories: those which are sinful and those which are simply us being “human.” Does that make sense or is it preposterous?