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Will your big-screen Super Bowl party violate copyright law?

arstechnica.com

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Re: Will your big-screen Super Bowl party violate copyright law?

#11

Post by roc »

MrSartorial wrote: post #7
randallsquared wrote: post #6

Earlier quoted context omitted.

Obviously there is no intention for the law to be interfering with any super bowl parties As more and more aspects of life are affected by automation, "I didn't mean to" is less and less a useful excuse. Rules should specify what is and is not within the rules, and if that's very difficult, perhaps it's a sign that the rule is ill-considered.

I agree 100%, but there is precedent for lawyers to follow, so that is considered when pursuing each new case. Much like "I didn't mean to" is not an excuse, it is stated in law that ignorance of the law is not an excuse either. It's the same that no one will prosecute a minor for sexting another minor even though it may be considered "child pornography", or at least they shouldn't. What is needed is clear and concis…

> It's the same that no one will prosecute a minor for sexting another minor even though it may be considered "child pornography", or at least they shouldn't.

You seem to have a faith in the intent of a law and reasonableness of its enforcement that just isn't backed up by fact.

There is no shortage of cases where minors are facing child pornography charges for sexting other minors. It seems a week can't even pass by without yet-another poor kid having his life ruined by adults ignoring intent and enforcing the precise language of a law.

Re: Will your big-screen Super Bowl party violate copyright law?

#12

Post by billybob »

roc wrote: post #10
MrSartorial wrote: post #3

This is just bad jurisprudence. It's the reason why legal language is supposed to be intentionally vague; so that there aren't potential legal issues with doing something that a completely rational person might do. Obviously there is no intention for the law to be interfering with any super bowl parties you might want to have at home and no prosecutor would relish pursuing someone who did. This whole thing is pretty…

There really is a gray area between "home" and "public exhibition" and it is extensively litigated over. It sounds like a simple, reasonable thing to determine. Something that would never ensnare honest people who inadvertently walked across a line you imagine is well-delineated. But it really isn't. Are most personal parties in the clear, despite size of TV? Sure. Does that mean all of them are or that you'll clearl…

All kinds of questions. What if I have 20 people over? What about 100? What if I put the game on a projection screen in a field on my property and have 500 people there? What if you can see the screen from across the street? What if it's an unofficial company gathering? What if my aunt is selling Mary Kay?

Re: Will your big-screen Super Bowl party violate copyright law?

#14

Post by pbhjpbhj »

MrSartorial wrote: post #7
randallsquared wrote: post #6

Earlier quoted context omitted.

Obviously there is no intention for the law to be interfering with any super bowl parties As more and more aspects of life are affected by automation, "I didn't mean to" is less and less a useful excuse. Rules should specify what is and is not within the rules, and if that's very difficult, perhaps it's a sign that the rule is ill-considered.

I agree 100%, but there is precedent for lawyers to follow, so that is considered when pursuing each new case. Much like "I didn't mean to" is not an excuse, it is stated in law that ignorance of the law is not an excuse either. It's the same that no one will prosecute a minor for sexting another minor even though it may be considered "child pornography", or at least they shouldn't. What is needed is clear and concis…

>What is needed is clear and concise law that does not bog down the process and micromanage what should be left open for interpretation.

I don't think that works.

In a legal system based on precedent the more that is left open to interpretation the more big cases one needs to decide what the locus of the law is.

Then it's not a case of getting your lawyer to read the law in order to understand the majority of what's allowed but instead they can only know a minority of the law from the statute and have to infer the majority from the caselaw.

When the law is drafted perhaps a book of usecases should be created such that those that draft the law can agree on a list of common uses and whether those things are intended to be allowed or not.

Re: Will your big-screen Super Bowl party violate copyright law?

#16

Post by ComputerGuru »

mrkurt wrote: post #8
elblanco wrote: post #2

The bigger question is that does having a bunch of friends over to watch anything on your big-screen tv violate copyright law?

The article answers that: > The rest of exemption five lays out a host of limitations to the exemption (yes, it's a bit confusing), but they all apply to "an establishment"—a public gathering place, not a home. The rules get remarkably specific, apply differently to small and large venues, and come with restrictions on how many TVs or radios can be used in a place of business without running into trouble.

OK, so what about that tiny TV at your favorite pub?

Re: Will your big-screen Super Bowl party violate copyright law?

#17

Post by Raphael »

elblanco wrote: post #2

The bigger question is that does having a bunch of friends over to watch anything on your big-screen tv violate copyright law?

The possibility that having a bunch of people watching decoded radio signals could be illegal is just bizarre.

Re: Will your big-screen Super Bowl party violate copyright law?

#18

Post by mrkurt »

ComputerGuru wrote: post #16
mrkurt wrote: post #8

Earlier quoted context omitted.

The article answers that: > The rest of exemption five lays out a host of limitations to the exemption (yes, it's a bit confusing), but they all apply to "an establishment"—a public gathering place, not a home. The rules get remarkably specific, apply differently to small and large venues, and come with restrictions on how many TVs or radios can be used in a place of business without running into trouble.

OK, so what about that tiny TV at your favorite pub?

Also covered. ;)

> The "55 inch" language applies to large establishments of more than a few thousand square feet. Such places can show the big game on a TV set, but only if they don't use "more than 4 audiovisual devices, of which not more than 1 audiovisual device is located in any 1 room, and no such audiovisual device has a diagonal screen size greater than 55 inches, and any audio portion of the performance or display is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space."

Re: Will your big-screen Super Bowl party violate copyright law?

#19

Post by mrkurt »

Raphael wrote: post #17
elblanco wrote: post #2

The bigger question is that does having a bunch of friends over to watch anything on your big-screen tv violate copyright law?

The possibility that having a bunch of people watching decoded radio signals could be illegal is just bizarre.

It's really not any more bizarre than having copies of strings of characters be illegal. Or copies of sound patterns, vocal pitches, etc.
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