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Bill S.978

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Bill S 978

My son was surfing on Youtube today (July 4, 2011) and he came across a video that said that gaming videos being streamed electronically will become a jailable offence and a felony if Bill S.978 is passed in the US Senate.

If you type S dot 978 into youtube you will find a LOTof videos from game playing people who are ranting about how the video streaming on youtube is going to be shut down permanently.

Since I really like my subscription to Netflix and don't wish to lose it, I decided to investigate this further.

Now you might be wondering why a Canadian is doing an investigation on a US government bill? Because Youtube and Netflix are watched by people all over the world and they are US businesses.

If the above claim is true, and this law is passed, then Youtube and Netflix may go out of business.

Picture source - Copyright Authority

So, let's look at the details

Text of Bill S.978

It's not very long - barely one page - and it seems to be an addendum (slight changes) to some copyright act that is already law in the USA.

It basically says that anyone caught playing a video of a copyrighted work, by electronic means (ie the Internet), and either you sell this video and/or more than 10 people see this video, then you will be fined and jailed.

A petition has already been drawn up demanding that senators do NOT pass this bill. People are being urged to sign the petition. Anyone can sign it - even NON US residents - as the loss of video streaming will affect them as well.

Bill S.978 - A rant that is not a rant

This video has a few rude and funny comments about certain parts of the male anatomy.
I mention this FYI so please don't watch if you think you might be offended.
powered by Youtube

So whats the true story?

I dug a little deeper and I came across another video (see below) with a cool, calm commentary about the reality of this Bill. It is made by a legal student (one who is studying to be a lawyer) who says that this Bill is in her area so I assume that means she is specialising in intellectual property and copyright infringments. .

Bill S.978 from a legal POV

Bill S.978 references Title 17 and Title18 and therefore both must be read in conjunction with Bill S.978 in order to get the full story.

Title 17

Title 18
powered by Youtube

The legalities of Youtube

We all know that Youtube has millions of videos on it. A good number of these videos are copies from the official DVD's of various TV shows. Most of these copies are uploaded without permission from the studio, Therefore they are breaking the copyright laws.

So I have to ask - if Bill s.978 is passed.....

Would you be upset if Youtube was forced to go out of business?

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Yes I would be upset. I love uploading and/or watching videos

javrsmith says:

What's the difference between Napster and YouTube. Not much except that YouTube is owned by Google, a much larger company.

jamespete says:

A comparison with Napster bears fruit here. The copyrighted music was downloaded amongst friends so many millions of times, due to its popularity and the technology, that producers just threw up their hands. A few kids were prosecuted, and then that became embarrassing.

Always wise to follow the money. How does a big movie get to be seen? Six months in theaters, six months of DVD, then Netflix and foreign rights are sold? Something like that. Why can't we have it as soon as it comes out. Netflix, a giant in the industry, would like that kind of availability.

The Hollywooders will cave. Netflix will win and copyright in the digital age will go away. Slowly but surely. Like newspapers. Like record and movie stores. Produce something copyrightable and good and see a thousand derivative works be born. You can't sue them. But, lo, they have given you attention like nothing you could pay for!

Becksta says:

I fail to see how this farce of a law could be made enforcable. I mean, sure, you've mentioned youtube as an example but there are so many other video streaming sites out there anyway, it's far too easy to share this stuff.

As things stand, the world has been struggling for years to prevent people from downloading and sharing illegal downloads, etc. yet it's still possible if you have the know-how... it's just been pushed underground that's all and the same would happen to such gaming streams.

kab says:

I think youtube is great for sharing information, and for keeping people accountable. I would miss it.

No, not at all. Youtube is breaking the copyright laws by allowing these illegal uploads.

_Joan_ says:

I don't think YouTube should be held responsible for everything that everyone uploads as long as they make a reasonable effort to weed out illegal stuff. However, if they did go out of business, I'm confident that it wouldn't be the end of the world. People would still find ways to do the things that are legal.

 

Resources for Bill S 978

Bill S.978
The Text of Bill S.978
Petition against Bill S.978
Petition to stop the passage of Bill S.978 into law

So did you sign the petition?

Did you even read the petition?

Just so you know, this could still affect youtube, because people still upload copyrighted works, such as DVD episodes of my favourite TV programs and they most likely dont have permission. These are the ones that are being targeted by Bill S.978

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Serenia

I am Serenia from Canada (and New Zealand)
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