Re: Babe project - Legal feedback
On Sat, Feb 03, 2018 at 03:19:04PM -0500, Camilo Higuita Rodriguez wrote: > My case is the following, let's say that there's a feature for streaming > audio, and the users stream the song they are listening to, what would go > down in that case? Who's in legal troubles? > > Also if I were to send an mp3 over email to a few friends, where's the > illegal stand point there? The platform has some fault for allowing to > "distribute" the file? Or the user who emailed the content? This mail is more general advice, not directed exactly towards this question, but still I think it may be helpful. First, remember that to some extent, organizations based around delivering and building a software ecosystem based on Free software are inherently users and stakeholders in strong copyright, given the way our laws "protecting" intellectual work are structured. Concepts like "copyright" (in the form of copyleft), are what prevent private parties or companies from simply taking our Free software and making a private fork without sharing the source. Sometimes a private fork would be too much effort to go after (just like media companies don't try to enforce every license infringement they encounter), but for when it's not, we actually *need* copyright to be able to enforce license disputes. So it would be hypocritical for us to use copyright as the shield to defend our Free software ecosystem on one hand, but then ignore copyright when others are legitimately using it. Yes, there are other concerns, such as the nearly infinite extension of copyright that the big media companies seem able to achieve at will, but still -- it would be self-defeating to act as if we only weakly care about copyright, or even worse, only care when it serves our interests. Secondly, the debate between legal agency of a "platform" and the legal agency of a "platform user" is pretty much never that clear cut to be only on the user's side. Even here in the United States, where we have strong gun rights and mottos like "guns don't kill people, *people* kill people", there are still laws against the unrestricted sale or distribution of some types of guns or gun-related gear. So even our culture doesn't *completely* ignore the fact that the platform matters, even on issues like guns (and stronger weaponry, like bombs and explosives). And in cultures and societies that have stronger prohibitions against guns (i.e. pretty much all the other ones ;), the legal question is already slanted in favor of the idea that platforms matter, not just user action or intent. The NSA also makes similar justifications for their actions, saying that their surveillance actions (however icky) are conducted under a fully legal framework and that abuses are infrequent and due to "bad apple" users of their intelligence platform, not the existance of the platform itself. NSA's many detractors (many of whom come from communities like this one) tend to disagree, and say that the platform -- however technically legal -- is a problem just by being. So I guess all I'm trying to say is that even for us the right thing to do can legitimately be complicated, even without worrying about media lawyers. It /would/ be nice to be able to have 'virtual' parties with close friends without all having to be in the same room :), but getting there may be thorny. Regards, - Michael Pyne
Re: Babe project - Legal feedback
I will get in touch with the kde e.v. I just want to make clear that I wouldn't implement such system without discussing it beforehand with the community. This is just an open discussion I wanted to have to get feedback. The platform I'm working on so far has nothing to be sorry about, legally. Camilo On Feb 3, 2018 5:27 PM, "Albert Astals Cid"wrote: > El dissabte, 3 de febrer de 2018, a les 21:26:24 CET, Nicolás Alvarez va > escriure: > > 2018-02-03 17:07 GMT-03:00 Albert Astals Cid : > > > El dissabte, 3 de febrer de 2018, a les 18:07:27 CET, Camilo Higuita > > > Rodriguez> > > > va escriure: > > >> Hi,everyone > > >> > > >> I'd like to discuss something with the community, and maybe get some > > >> legal > > >> input: > > >> > > >> As some of you might already know I'm working on a open online > platform > > >> to > > >> share music information between users, such as public playlists, > comments > > >> on tracks and on the playback progress like soundcloud, share popular > > >> music > > >> suggestions, metadata, and discovery of new music from another users > with > > >> integration with YouTube and Spotify etc... the platform will be > > >> integrated > > >> into Babe music player and could be use in any other music player > > >> > > >> The legal matter comes here: > > >> 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? > > >> > > >> 2- If the stream part wouldn't be enought 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? > > >> > > >> I'd like to get feedback about this issues. > > >> > > >> As the project is going to be hosted by the KDE community this > streaming > > >> part won't be implemented to avoid legal issues, but however I would > like > > >> to have this discussion to get as many feedback as possible. > > > > > > I am not sure you're approaching this the right way. > > > > > > For me it doesn't really matter if users can do illegal stuff with our > > > software, what matters is that the software is legal and that it has > legal > > > uses (see KTorrent). > > > > > > What I think you should be asking yourself is "will I/KDE be in > problems > > > for shipping this sofware?" more than "can my user pontentially get in > > > trouble for using my sofware to do illegal stuff?". > > > > As I understand it, some of these Babe features would involve KDE > > servers; it's not fully peer-to-peer. > > > > KTorrent is legal and has legal uses, and if its users use it for > > illegal stuff, that's their problem. But if KDE ran a BitTorrent > > tracker on its infrastructure and people used it for copyrighted > > content, would we get in trouble? Even though (like ThePirateBay's > > defense says) trackers don't host or distribute content, just tell > > peers where the other peers are? > > That's much more of a dark gray area and I would strongly advise KDE having > anything to do with servers involved in that. > > Cheers, > Albert > > > >
Re: Babe project - Legal feedback
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 Brownwrote: 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
Re: Babe project - Legal feedback
On February 3, 2018 at 1:19:33 PM, Camilo Higuita Rodriguez ( chigui...@unal.edu.co) wrote: My case is the following, let's say that there's a feature for streaming audio, and the users stream the song they are listening to, what would go down in that case? Who's in legal troubles? Also if I were to send an mp3 over email to a few friends, where's the illegal stand point there? The platform has some fault for allowing to "distribute" the file? Or the user who emailed the content? And yes, so far the platform only shares the playlist info, and if there are matches with your collection then you can listen to it. This is where you might be in territory that you don’t want to cross. You have to make sure that the files being listened to are streamed P2P only. Don’t post any of them anywhere, not even a list that can be accessed on the web. Don’t allow access unless expressly requested. Otherwise you become a streaming service like Pandora, Spotify, Google Music and those are services that pay royalties to the artists for having their music on their platform. But it would be really cool to be able to somehow share your music... tipping around those copyright issues. What if the case is that the user has some kind of music cloud and gives access to that cloud to another user, still illegal? There is really nothing wrong here, because for example, in the case of Google, they pay the artists to allow their music on their service and they don’t make themselves responsible to police the music you upload on their service. But the accounts are personal. They generally don’t intend for them to be shared. However, in Google Music, they allow you to recommend music to others with similar accounts and they don’t share the files but a snippet of the song so you would buy it. Lol as I see this it seems like the answer is : "don't you mess with music copyrights, whatever you do will get you in trouble somehow" I don’t think so. Here the thing is that you want to offer a streaming option. There is nothing wrong with that. But care for making it very personal, not like a broadcast radio station or TV. It has to be personal and streaming from one device to another and not sharing the file to another device. Does anybody know of any KDE community member who is could ask these legal questions? On Feb 3, 2018 3:07 PM, "Albert Astals Cid"wrote: > El dissabte, 3 de febrer de 2018, a les 18:07:27 CET, Camilo Higuita > Rodriguez > va escriure: > > Hi,everyone > > > > I'd like to discuss something with the community, and maybe get some > legal > > input: > > > > As some of you might already know I'm working on a open online platform > to > > share music information between users, such as public playlists, comments > > on tracks and on the playback progress like soundcloud, share popular > music > > suggestions, metadata, and discovery of new music from another users with > > integration with YouTube and Spotify etc... the platform will be > integrated > > into Babe music player and could be use in any other music player > > > > The legal matter comes here: > > 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? > > > > 2- If the stream part wouldn't be enought 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? > > > > I'd like to get feedback about this issues. > > > > As the project is going to be hosted by the KDE community this streaming > > part won't be implemented to avoid legal issues, but however I would like > > to have this discussion to get as many feedback as possible. > > I am not sure you're approaching this the right way. > > For me it doesn't really matter if users can do illegal stuff with our > software, what matters is that the software is legal and that it has legal > uses (see KTorrent). > > What I think you should be asking yourself is "will I/KDE be in problems > for > shipping this sofware?" more than "can my user pontentially get in trouble > for > using my sofware to do illegal stuff?". > > Cheers, > Albert > > > > > Thank you. > > > > Camilo > > > > >
Re: Babe project - Legal feedback
2018-02-03 17:07 GMT-03:00 Albert Astals Cid: > El dissabte, 3 de febrer de 2018, a les 18:07:27 CET, Camilo Higuita Rodriguez > va escriure: >> Hi,everyone >> >> I'd like to discuss something with the community, and maybe get some legal >> input: >> >> As some of you might already know I'm working on a open online platform to >> share music information between users, such as public playlists, comments >> on tracks and on the playback progress like soundcloud, share popular music >> suggestions, metadata, and discovery of new music from another users with >> integration with YouTube and Spotify etc... the platform will be integrated >> into Babe music player and could be use in any other music player >> >> The legal matter comes here: >> 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? >> >> 2- If the stream part wouldn't be enought 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? >> >> I'd like to get feedback about this issues. >> >> As the project is going to be hosted by the KDE community this streaming >> part won't be implemented to avoid legal issues, but however I would like >> to have this discussion to get as many feedback as possible. > > I am not sure you're approaching this the right way. > > For me it doesn't really matter if users can do illegal stuff with our > software, what matters is that the software is legal and that it has legal > uses (see KTorrent). > > What I think you should be asking yourself is "will I/KDE be in problems for > shipping this sofware?" more than "can my user pontentially get in trouble for > using my sofware to do illegal stuff?". > As I understand it, some of these Babe features would involve KDE servers; it's not fully peer-to-peer. KTorrent is legal and has legal uses, and if its users use it for illegal stuff, that's their problem. But if KDE ran a BitTorrent tracker on its infrastructure and people used it for copyrighted content, would we get in trouble? Even though (like ThePirateBay's defense says) trackers don't host or distribute content, just tell peers where the other peers are? -- Nicolás
Re: Babe project - Legal feedback
My case is the following, let's say that there's a feature for streaming audio, and the users stream the song they are listening to, what would go down in that case? Who's in legal troubles? Also if I were to send an mp3 over email to a few friends, where's the illegal stand point there? The platform has some fault for allowing to "distribute" the file? Or the user who emailed the content? And yes, so far the platform only shares the playlist info, and if there are matches with your collection then you can listen to it. But it would be really cool to be able to somehow share your music... tipping around those copyright issues. What if the case is that the user has some kind of music cloud and gives access to that cloud to another user, still illegal? Lol as I see this it seems like the answer is : "don't you mess with music copyrights, whatever you do will get you in trouble somehow" Does anybody know of any KDE community member who is could ask these legal questions? On Feb 3, 2018 3:07 PM, "Albert Astals Cid"wrote: > El dissabte, 3 de febrer de 2018, a les 18:07:27 CET, Camilo Higuita > Rodriguez > va escriure: > > Hi,everyone > > > > I'd like to discuss something with the community, and maybe get some > legal > > input: > > > > As some of you might already know I'm working on a open online platform > to > > share music information between users, such as public playlists, comments > > on tracks and on the playback progress like soundcloud, share popular > music > > suggestions, metadata, and discovery of new music from another users with > > integration with YouTube and Spotify etc... the platform will be > integrated > > into Babe music player and could be use in any other music player > > > > The legal matter comes here: > > 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? > > > > 2- If the stream part wouldn't be enought 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? > > > > I'd like to get feedback about this issues. > > > > As the project is going to be hosted by the KDE community this streaming > > part won't be implemented to avoid legal issues, but however I would like > > to have this discussion to get as many feedback as possible. > > I am not sure you're approaching this the right way. > > For me it doesn't really matter if users can do illegal stuff with our > software, what matters is that the software is legal and that it has legal > uses (see KTorrent). > > What I think you should be asking yourself is "will I/KDE be in problems > for > shipping this sofware?" more than "can my user pontentially get in trouble > for > using my sofware to do illegal stuff?". > > Cheers, > Albert > > > > > Thank you. > > > > Camilo > > > > >
Re: Babe project - Legal feedback
El dissabte, 3 de febrer de 2018, a les 18:07:27 CET, Camilo Higuita Rodriguez va escriure: > Hi,everyone > > I'd like to discuss something with the community, and maybe get some legal > input: > > As some of you might already know I'm working on a open online platform to > share music information between users, such as public playlists, comments > on tracks and on the playback progress like soundcloud, share popular music > suggestions, metadata, and discovery of new music from another users with > integration with YouTube and Spotify etc... the platform will be integrated > into Babe music player and could be use in any other music player > > The legal matter comes here: > 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? > > 2- If the stream part wouldn't be enought 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? > > I'd like to get feedback about this issues. > > As the project is going to be hosted by the KDE community this streaming > part won't be implemented to avoid legal issues, but however I would like > to have this discussion to get as many feedback as possible. I am not sure you're approaching this the right way. For me it doesn't really matter if users can do illegal stuff with our software, what matters is that the software is legal and that it has legal uses (see KTorrent). What I think you should be asking yourself is "will I/KDE be in problems for shipping this sofware?" more than "can my user pontentially get in trouble for using my sofware to do illegal stuff?". Cheers, Albert > > Thank you. > > Camilo
Re: Babe project - Legal feedback
Am 2018-02-03 18:07, schrieb Camilo Higuita Rodriguez: Hi,everyone I'd like to discuss something with the community, and maybe get some legal input: As some of you might already know I'm working on a open online platform to share music information between users, such as public playlists, comments on tracks and on the playback progress like soundcloud, share popular music suggestions, metadata, and discovery of new music from another users with integration with YouTube and Spotify etc... the platform will be integrated into Babe music player and could be use in any other music player The legal matter comes here: 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? 2- If the stream part wouldn't be enought 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? I'd like to get feedback about this issues Like Christian, I recommend to consult a lawyer specialized on Copyright law. What's extremely important is that there won't be an answer which is globally unique. I'll give you an example for my area of legislation (Germany). We have the concept of a private copy (Privatkopie) [1] which allows to share media with friends and family. There is a ruling of the highest German court (BGH) which can be interpreted as the number of friends and family is 7 [2]. Given that the answer to your questions from a German perspective is IMHO (though IANAL) that it is clearly illegal if a user would use this feature. Cheers Martin [1] § 53 URHG https://www.gesetze-im-internet.de/urhg/__53.html [2] BGH, GRUR 1978, 474
Re: Babe project - Legal feedback
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 signature.asc Description: This is a digitally signed message part.
Re: Babe project - Legal feedback
Hey Camilo, not an expert but I recommend you to ask a lawyer. Just think of Youtube: There are different viewing restrictions depending on the country you are living in. Maybe streaming audio is equal... You could also ask the streaming service providers how to proceed... Cheers, Christian Am 03.02.2018 17:07 schrieb "Camilo Higuita Rodriguez" < chigui...@unal.edu.co>: > Hi,everyone > > I'd like to discuss something with the community, and maybe get some legal > input: > > As some of you might already know I'm working on a open online platform to > share music information between users, such as public playlists, comments > on tracks and on the playback progress like soundcloud, share popular music > suggestions, metadata, and discovery of new music from another users with > integration with YouTube and Spotify etc... the platform will be integrated > into Babe music player and could be use in any other music player > > The legal matter comes here: > 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? > > 2- If the stream part wouldn't be enought 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? > > I'd like to get feedback about this issues. > > As the project is going to be hosted by the KDE community this streaming > part won't be implemented to avoid legal issues, but however I would like > to have this discussion to get as many feedback as possible. > > Thank you. > > Camilo > > >
Babe project - Legal feedback
Hi,everyone I'd like to discuss something with the community, and maybe get some legal input: As some of you might already know I'm working on a open online platform to share music information between users, such as public playlists, comments on tracks and on the playback progress like soundcloud, share popular music suggestions, metadata, and discovery of new music from another users with integration with YouTube and Spotify etc... the platform will be integrated into Babe music player and could be use in any other music player The legal matter comes here: 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? 2- If the stream part wouldn't be enought 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? I'd like to get feedback about this issues. As the project is going to be hosted by the KDE community this streaming part won't be implemented to avoid legal issues, but however I would like to have this discussion to get as many feedback as possible. Thank you. Camilo