Is This Illegal?

Danger Phoenix · 24 Mar 2008 at 21:24

Basically I am having a debate with my housemate about this theoretical situation:

1) I download a TV episode which was aired in the USA - this is of course illegal
2) He watches it on his computer via my network share

Now can step 2 be classified as illegal?

My argument was that it would be like being in a room of people smoking weed, and just inhaling the smoke would not be illegal, whereas the smoking and being in possession would be. Does the same apply here?

Cob · 24 Mar 2008 at 21:25

I suppose you'd both be breaking the law for #2.

Glaucus · 24 Mar 2008 at 21:26

Danger Phoenix said:
2) He watches it on his computer via my network share

That's no different from downloading/uploading it to the internet.

Killerkebab · 24 Mar 2008 at 21:26

It should be no different than uploading it over bit torrent.

Danger Phoenix · 24 Mar 2008 at 21:27

Cob said:
I suppose you'd both be breaking the law for #2.

I know my part is illegal and always will be, but we are debating where him watching it from my network share (not copying it onto his PC) would be classified as illegal?

Glaucus · 24 Mar 2008 at 21:28

Danger Phoenix said:
I know my part is illegal and always will be, but we are debating where him watching it from my network share (not copying it onto his PC) would be classified as illegal?

Of course it is, you are still downloading copyrighted material. There is no difference between a network and internet.

wedgie · 24 Mar 2008 at 21:28

Pirates - Always looking for loopholes to justify what they do.

Vonhelmet · 24 Mar 2008 at 21:29

Danger Phoenix said:
I know my part is illegal and always will be, but we are debating where him watching it from my network share (not copying it onto his PC) would be classified as illegal?

You're arguably making an unauthorised copy of it at the point that it gets sent across the network to his PC.

daveydave · 24 Mar 2008 at 21:29

no if he pleaded ignorance, but if he knowingly did it.....illegal

Danger Phoenix · 24 Mar 2008 at 21:29

AcidHell2 said:
That's no different from downloading/uploading it to the internet.

Ok, now for the twist in the debate:

Lets say he currently owns the DVD for said TV series... would watching it from another source still be illegal?

Also, a slightly different situation where the said DVD is pre-ordered and not currently in his possession?

Glaucus · 24 Mar 2008 at 21:30

Danger Phoenix said:
Lets say he currently owns the DVD for said TV series... would watching it from another source still be illegal?

Also, a slightly different situation where the said DVD is pre-ordered and not currently in his possession?

In the uk yes and yes. You are not allowed to make any backups for personal use.

ste_bla · 24 Mar 2008 at 21:36

AcidHell2 said:
In the uk yes and yes. You are not allowed to make any backups for personal use.

However has anyone ever been taken to court for such an offence?

Glaucus · 24 Mar 2008 at 21:37

ste_bla said:
However has anyone ever been taken to court for such an offence?

I doubt it.

fini · 24 Mar 2008 at 21:37

AcidHell2 said:
You are not allowed to make any backups for personal use.

Yes you are, go read the CDPA.

To answer the OP it would be illegal in every case you gave because:
a) it's an unauthorised copy in all cases
b)knowing you the video probably includes children and animals and is thus illegal anyway.

Killerkebab · 24 Mar 2008 at 21:40

Danger Phoenix said:
I know my part is illegal and always will be, but we are debating where him watching it from my network share (not copying it onto his PC) would be classified as illegal?

Not only is it still illegal, but your crime is worsened by the fact that not only did you acquire something illegally, but you are now passing it on, too

Danger Phoenix · 24 Mar 2008 at 21:40

fini said:
b) knowing you the video probably includes children and animals and is thus illegal anyway.

Oi! I did not call you and ask you to look at this thread for that!

Glaucus · 24 Mar 2008 at 21:42

fini said:
Yes you are, go read the CDPA.

To answer the OP it would be illegal in every case you gave because:

No it's NOT, it's a common mistake as it is legal in america. However they are thinking of changing the law.
http://news.bbc.co.uk/1/hi/uk/6095612.stm

A think-tank has called for outdated copyright laws to be rewritten to take account of new ways people listen to music, watch films and read books.

The Institute for Public Policy Research (IPPR) is calling for a "private right to copy".

It would decriminalise millions of Britons who break the law each year by copying their CDs onto music players

Moredhel · 24 Mar 2008 at 21:47

There are fair use clauses for video in the current copyright laws. Audo and software are exempt however.

Glaucus · 24 Mar 2008 at 21:47

Moses99p said:
That source is quite old, I thought they had changed it, or at least had said they wouldn't prosecute people who were doing it for their own use.

As far as I know it's not been passed. No idea about prosecution.

Killerkebab · 24 Mar 2008 at 21:49

Is it something to do with how it isn't a crime as such, it is a civil offense so nothing happens to you unless an individual/corporation press charges?