A
_Abyssinia
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I emailed Patrick McKay about those quotes from the article and asked if those quotes meant watching a copyrighted video was stealing and I asked his permission to quote him which he said I could do“…viewing the uploaded copy is equivalent to stealing a copyrighted book from a bookstore and reading it.”
“Someone who uses one of those addresses to… watch a copyrighted video for free is no more a copyright infringer than if he had snuck into a movie theater and watched a copyrighted movie without buying a ticket.”
Those are both from the article you posted. It’s still stealing; it’s just not stealing through copyright infringement. That’s why I called it plain and old-fashioned stealing. It’s wrong to watch illegal uploads not because they fall under breaking copyright law (or contributing to it in some way), but because it’s just downright stealing. Well, that’s a lot easier to figure out from a moral perspective.
Anyways, the article mentions this ruling is really only valid in the 7th Court District’s jurisdiction for now. Should it be used in a Supreme Court case, we’d have a ruling valid for the whole country, at least in legal terms. That said, it gives us a much better understanding of how to approach this for our question of culpability.
No it’s an analogy. It’s not actually saying someone who streams something is guilty of theft. The point is it may be gaining illicit access to the copyrighted content, but since you’re not actually making a copy it’s not copyright infringement. It’s not theft either because you’re not taking anything and depriving someone else of something. The judge is basically just saying he thinks it’s wrong, but it’s not illegal. That’s all you really need to understand from it. All of the judge’s moral philosophizing doesn’t really matter. The important part is the actual ruling, which is that watching a pirated stream is not copyright infringement.
Personally I think his analogies are way off anyway. I think a better analogy would be not stealing a book from a bookstore, but just walking into the bookstore and reading the entire book without buying it, then putting it back on the shelf. You’ve benefited from the book’s content without paying for it, but you haven’t broken any law since there’s no law saying you can’t read the entire book in the bookstore. You didn’t make a copy so it’s not copyright infringement, and you didn’t take the book, so it’s not stealing. I think that would be a better analogy for it. Or maybe reading a pirated book that someone else copied, without you even knowing it was pirated. The person who copied the book committed copyright infringement, but you didn’t. That’s probably closer. Make sense?
He is not a Priest, he can not comment if it is a sin to watch a copyrighted video and a view on whether watching a video is encouraging copyright infringement would only be his, these are his opinions only, other attorneys may have different views.