27 Jul 2014

Be Careful How You Stream Movies, It Could Soon Be a Felony

Streaming videos or music from Popcorn Time or similar websites may get a lot more illegal if the Department of Justice has its way. According to a report in The Hill, the DOJ wants Congress to turn streaming media that infringes on copyright from a misdemeanor into a felony. Right now, only downloading a movie or song or other media is a felony, making streaming a slightly less dangerous option for the modern pirate. That's a problem for enforcement, according  to the DOJ, which sent representatives to testify to the House Judiciary Committee on Thursday, specifically the Subcommittee on Courts, Intellectual Property and the Internet.

"In short, throughout our history, copyright infringers have taken advantage of new technologies, and Congress has responded by updating the law to combat the new methods of infringement," wrote David Bitkower, the acting deputy assistant attorney general in the Criminal Division of the DOJ in his written testimony.

According to The Hill, the lawmakers weren't quite sure about the distinction between streaming and downloading and why there are different penalties. Conviction for illegal streaming carries a much lighter sentence than downloading.

"Downloading a copy of the movie 'Captain America' illegally is a felony, but if you were to simply stream the same movie illegally it would only be a misdemeanor," ranking subcommittee member Jerry Nadler (D-NY) said at the hearing. "Does this distinction make sense?"

Although Bitkiower wouldn't get specific on what the penalties for streaming illegally should be, but did say that the best way to stop illegal streaming would be to up the consequences by making it a felony. It's only going to be more important as people turn from downloading to streaming not only illegally but in general. It means that when people want to get some media without paying for it, they are more likely to try streaming than downloading, and the legal implications for doing so must be strict enough to deter them.

So if you're confidently streaming a movie or some music illegally because it's not as big a deal as downloading it, be on the lookout. Doing so might carry harsher penalties before too long.
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