Man Charged With Putting TV Show He Found On The Web… On The Web?

from the how-much-damage? dept

Apparently federal authorities are charging a man in Chicago with copyright violations for uploading copies of Fox’s TV show “24” to the web. There are a few things that don’t make sense here. First, the article claims that the guy downloaded the shows off of a website before loading them onto a different website. While that still is copyright infringement, it’s not clear why that’s such a big catch for federal authorities that they’re trumpeting it. The fact that he got the videos from another website also suggests that the “damage” done by this particular guy was probably negligible since the content was already available online elsewhere. On top of that, one could argue that it’s unlikely the guy did much to damage the commercial viability of the show, since the show was eventually broadcast for free on TV. Yes, you could claim that people could watch the downloaded version without commercials — but the same is true of anyone who watched the same show via their DVRs. However, now, the guy is facing three years in jail, which seems like quite an overreaction.


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Comments on “Man Charged With Putting TV Show He Found On The Web… On The Web?”

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31 Comments
bonbon says:

While that still is copyright infringement, it’s not clear why that’s such a big catch for federal authorities that they’re trumpeting it.

The FBI nabbed a guy selling Surface to Air missiles. Turns out the guy bought them from another guy who was selling them.

Techdirt reports: It’s not clear why the FBI is making a big deal about nabbing this guy.

Steven says:

Re: Re: Re: Re:

Ah. I understand now. Each website has a strict user limit that prevents access to the file after 100 views. It’s a good thing these people have never heard of search engines.

And of course the early release of this video must have cost at least several hundred people their lives as well as detracted from the popularity of the show.

Dosquatch says:

Re: Re: Re:3 Re:

something that was already stolen

I fully expect this point will be lost on you, but I’ll say it anyway – copyright infringement is not theft. Theft entails the concept of depriving a rightful owner of his/her property. Duplication of an item does not deprive the owner of their property.

Anonymous Coward says:

Re: Re: Re:4 Re:

>> fully expect this point will be lost on you, but I’ll say it anyway – copyright infringement is not theft. Theft
>> entails the concept of depriving a rightful owner of his/her property. Duplication of an item does not deprive
>> the owner of their property.

Was waiting for that train to come in. Man, it’s never late.

You mince words.

bonbon says:

A man was caught giving heroin to a small child. It appears this man was also given the heroin by somebody else.

Techdirt reports: We’re not sure why they’re so happy to nab the second guy who was merely passing along what he himself was given for free. In fact the reality is that the child could have just as easily obtained the heroin from the first man is he wanted to.

Anonymous Coward says:

3 years…..sheesh
soon they will be cutting our hands off for stealing bread…this country is going back in time, our ‘holy war’ (what i mean by that is, changing the structure of society to our view of good) against iraq, sever punishments for minor crimes, not being able to question authority including the president and many many more things

does anyone else see this happening or am i going crazy?

Anonymous Coward says:

your not crazy

This country is being sent to the shitter by the bible thumping community that thinks supporting anyone who is moderatly relgious in a position of power and giving them the absolute authority to do as they please is the morral way of things. Fuck you and your belifes if it ever infringes on mine. Allow people do whatever they please so long as it doesnt affect anyone else in a way or means that results in a negative effect. Tolerance is the true virtue, not faith in the make beleive.

Jon Healey (user link) says:

Why this matters

This is a classic case of getting a low guy on the totem pole and following the chain back up to the initial leaker. This was, after all, a pre-release leak, so GoblinJuice is probably right — the guy in Chicago most likely got the videos from a distro. And if he got it from a private distro and posted it on a public site, yes, that vastly increased its availability to the public. As for Steven’s point about the impact, if Fox can’t capture the ad revenue from folks who watch the show online, it won’t make it available there. Not that it matters now that the show has completely jumped the shark, but still….

John (profile) says:

It is information.

Information should be free. If you want to sell something that is more convenient, like being broadcast over the air or by selling on a portable collectible reusable DVD… then go right ahead. But to say that someone just trying to share entertainment with people in a free medium, making no money himself, is comparable to a heroin sell to a child if fucking ludicrous.

In the heroin case you are permanently scaring a small child and possible addicting them for life while padding your wallet because little jimmy is stealing from his parents wallets to finance his new ‘candy’.

Where in the copyright infringement case, you are slightly lowering the number of people watching the show, which doesn’t affect nielson ratings anyway unless someone who has a neislon box is watching them online vs the TV.

Noah Callaway says:

I hope bonbon is a joke

Bonbon your analogy is flawed.

First of all the idea that selling stolen property is equivalent to copyright infringement is flawed (see Dowling v. United States; while that case itself is about interstate transport it clearly draws a line between stolen property and ).

Is he guilty of copyright infringement? Yeah, as the law’s written now, he is. Is it a huge victory for the FBI to bring this man down (i.e. will it stop the spread of the show, or prevent shows from being put online in the future)? Not really, no. Does three years in jail for copyright infringement, that barely hurts the company (and in fact, probably does it good), seem like too harsh of a sentence? To me, yes it does.

So…what’s wrong with the article that’s presented?

Also, a minor correction to your math:
24 is on 1,000 websites. 400,000 people see it (nearly 300,000 of those coming from one or two popular websites).
24 is now on 1,001 websites. 401,000 people see it.
That’s an increase of
(401,000-400,000)/400,000 * 100 % = .25%
Devastating. How will Fox ever handle the added popularity of their product?

Coaster says:

and this is bad...why?

So…someone downloaded a video from some internet site, thought it was worth watching and posted it on another internet site. Now, most internet videos I have seen have been lacking something in the quality department. If it were something really good, then wouldn’t those that saw it pre-release be more likely to go see it at it’s regularly scheduled program time? And really – internet video is not going to replace television viewing in popularity any time soon….no matter what the download numbers, the tv viewership will be higher. They should just consider it another demographic and roll with it. Sending one user to jail is like blaming one smoker for lung cancer.

Metal1633 says:

Re: and this is bad...why?

“”wouldn’t those that saw it pre-release be more likely to go see it at it’s regularly scheduled program time?””
YES and and ratings skyrocket when a show is good enough for thousands of people to download “Pirated” pre-releases. Battlestar Galactica is a case which goes to the heart of the issue. 2 months before the 1st season premiere the episode was posted on the internet. Hundreds of Thousands of people downloaded it and the premiere ratings were the Highest of ANY cable show.

mike allen says:

not theft

How can something that is free to start with be theft not possible putting it on a 2nd web site would mean that more could possibly see it if the people who owned it didnt want it seen why put it on the net? ( assuming they did) if it was not them the the culprits are the original posters of this show,
Come on USA get your justice system sorted I used to love America for its love of freedom now its looking more like a communist dictatorship.

Some Jerk says:

Way to fire up the hornets nest

Bonbon, with only a few flaws in your logic, you’ve brought everyone down off their recliners to comment. Personally, I feel your analogy is simply overly extreme and misses the concept of scarcity. The heroin is highly harmful to both the end user and society as a whole, whereas the (potentially) bootlegged ’24’ may only have a minor impact on a small group of people. Because there are so many sites that traffic in this form of piracy, it’s hard to see why the FBI is so happy about this one small victory. The problem here is they’ve nabbed (as per your analogy) a small time pusher…someone who is making their first ‘deal’ or possibly a better comparison would be someone who just shares it with his friends. So they descend upon this dude and cheer while the manufacturers and big time pushers laugh. I dunno, it’s early morning, maybe I’m missing the point as well.

The infamous Joe says:

Minced meat.

It’s not mincing words at all.. *you* are trying to link the feelings associated with “theft” with something that is *not* theft.

If I walked into an art store, snapped a picture of a painting, went home and recreated the painting– would you say I stole the painting? No, you would not.

Is it illegal? Yes.

Is it stealing? No.

Gah, this black propaganda you freely spew forth is sickening. Don’t repeat everything you hear the RIAA say, sheep. The law is clear on what theft is– even if you are not.

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