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Bildschirmarbeiter - Picdump KW51 Bildschirmarbeiter - Picdump Kalenderwoche 51 ! Trag mich! III retransmitted only within the local communities served by the retransmitter;.
Nothing in this clause shall limit the scope of the exemption in clause ii. B in the case of a subscription transmission not exempt under paragraph 1 that is made by a preexisting subscription service in the same transmission medium used by such service on July 31, , or in the case of a transmission not exempt under paragraph 1 that is made by a preexisting satellite digital audio radio service—.
C in the case of an eligible nonsubscription transmission or a subscription transmission not exempt under paragraph 1 that is made by a new subscription service or by a preexisting subscription service other than in the same transmission medium used by such service on July 31, —.
II is not part of an archived program of 5 hours or greater in duration that is made available for a period exceeding 2 weeks;.
III is not part of a continuous program which is of less than 3 hours duration; or. IV is not part of an identifiable program in which performances of sound recordings are rendered in a predetermined order, other than an archived or continuous program, that is transmitted at—.
A No interactive service shall be granted an exclusive license under section 6 for the performance of a sound recording publicly by means of digital audio transmission for a period in excess of 12 months, except that with respect to an exclusive license granted to an interactive service by a licensor that holds the copyright to 1, or fewer sound recordings, the period of such license shall not exceed 24 months: Provided, however , That the grantee of such exclusive license shall be ineligible to receive another exclusive license for the performance of that sound recording for a period of 13 months from the expiration of the prior exclusive license.
B The limitation set forth in subparagraph A of this paragraph shall not apply if—. C Notwithstanding the grant of an exclusive or nonexclusive license of the right of public performance under section 6 , an interactive service may not publicly perform a sound recording unless a license has been granted for the public performance of any copyrighted musical work contained in the sound recording: Provided , That such license to publicly perform the copyrighted musical work may be granted either by a performing rights society representing the copyright owner or by the copyright owner.
D The performance of a sound recording by means of a retransmission of a digital audio transmission is not an infringement of section 6 if—.
A Except as expressly provided in this section, this section does not limit or impair the exclusive right to perform a sound recording publicly by means of a digital audio transmission under section 6.
C Any limitations in this section on the exclusive right under section 6 apply only to the exclusive right under section 6 and not to any other exclusive rights under section Nothing in this section shall be construed to annul, limit, impair or otherwise affect in any way the ability of the owner of a copyright in a sound recording to exercise the rights under sections 1 , 2 and 3 , or to obtain the remedies available under this title pursuant to such rights, as such rights and remedies exist either before or after the date of enactment of the Digital Performance Right in Sound Recordings Act of A copyright owners of sound recordings affected by this section may designate common agents to act on their behalf to grant licenses and receive and remit royalty payments: Provided , That each copyright owner shall establish the royalty rates and material license terms and conditions unilaterally, that is, not in agreement, combination, or concert with other copyright owners of sound recordings; and.
B entities performing sound recordings affected by this section may designate common agents to act on their behalf to obtain licenses and collect and pay royalty fees: Provided , That each entity performing sound recordings shall determine the royalty rates and material license terms and conditions unilaterally, that is, not in agreement, combination, or concert with other entities performing sound recordings.
B The schedule of reasonable rates and terms determined by the Copyright Royalty Judges shall, subject to paragraph 2 , be binding on all copyright owners of sound recordings and entities performing sound recordings affected by this paragraph during the 5-year period specified in subparagraph A , or such other period as the parties may agree.
Such rates and terms shall distinguish among the different types of services then in operation and shall include a minimum fee for each such type of service, such differences to be based on criteria including the quantity and nature of the use of sound recordings and the degree to which use of the service may substitute for or may promote the purchase of phonorecords by consumers.
The Copyright Royalty Judges shall establish rates and terms that most clearly represent the rates and terms that would have been negotiated in the marketplace between a willing buyer and a willing seller.
In determining such rates and terms, the Copyright Royalty Judges—. II the relative roles of the copyright owner and the transmitting entity in the copyrighted work and the service made available to the public with respect to relative creative contribution, technological contribution, capital investment, cost, and risk; and.
C The procedures under subparagraphs A and B shall also be initiated pursuant to a petition filed by any sound recording copyright owner or any transmitting entity indicating that a new type of service on which sound recordings are performed is or is about to become operational, for the purpose of determining reasonable terms and rates of royalty payments with respect to such new type of service for the period beginning with the inception of such new type of service and ending on the date on which the royalty rates and terms for eligible nonsubscription services and new subscription services, or preexisting subscription services and preexisting satellite digital audio radio services, as the case may be, most recently determined under subparagraph A or B and chapter 8 expire, or such other period as the parties may agree.
The notice and recordkeeping rules in effect on the day before the effective date of the Copyright Royalty and Distribution Reform Act of shall remain in effect unless and until new regulations are promulgated by the Copyright Royalty Judges.
If new regulations are promulgated under this subparagraph, the Copyright Royalty Judges shall take into account the substance and effect of the rules in effect on the day before the effective date of the Copyright Royalty and Distribution Reform Act of and shall, to the extent practicable, avoid significant disruption of the functions of any designated agent authorized to collect and distribute royalty fees.
B Any person who wishes to perform a sound recording publicly by means of a transmission eligible for statutory licensing under this subsection may do so without infringing the exclusive right of the copyright owner of the sound recording—.
C Any royalty payments in arrears shall be made on or before the twentieth day of the month next succeeding the month in which the royalty fees are set.
Any such agreement for commercial webcasters may include provisions for payment of royalties on the basis of a percentage of revenue or expenses, or both, and include a minimum fee.
Any such agreement may include other terms and conditions, including requirements by which copyright owners may receive notice of the use of their sound recordings and under which records of such use shall be kept and made available by commercial webcasters or noncommercial webcasters.
The receiving agent shall be under no obligation to negotiate any such agreement. The receiving agent shall have no obligation to any copyright owner of sound recordings or any other person entitled to payment under this section in negotiating any such agreement, and no liability to any copyright owner of sound recordings or any other person entitled to payment under this section for having entered into such agreement.
B The Copyright Office shall cause to be published in the Federal Register any agreement entered into pursuant to subparagraph A. Such publication shall include a statement containing the substance of subparagraph C.
Such agreements shall not be included in the Code of Federal Regulations. Thereafter, the terms of such agreement shall be available, as an option, to any commercial webcaster or noncommercial webcaster meeting the eligibility conditions of such agreement.
C Neither subparagraph A nor any provisions of any agreement entered into pursuant to subparagraph A , including any rate structure, fees, terms, conditions, or notice and recordkeeping requirements set forth therein, shall be admissible as evidence or otherwise taken into account in any administrative, judicial, or other government proceeding involving the setting or adjustment of the royalties payable for the public performance or reproduction in ephemeral phonorecords or copies of sound recordings, the determination of terms or conditions related thereto, or the establishment of notice or recordkeeping requirements by the Copyright Royalty Judges under paragraph 3 or section e 4.
It is the intent of Congress that any royalty rates, rate structure, definitions, terms, conditions, or notice and recordkeeping requirements, included in such agreements shall be considered as a compromise motivated by the unique business, economic and political circumstances of webcasters, copyright owners, and performers rather than as matters that would have been negotiated in the marketplace between a willing buyer and a willing seller, or otherwise meet the objectives set forth in section b.
This subparagraph shall not apply to the extent that the receiving agent and a webcaster that is party to an agreement entered into pursuant to subparagraph A expressly authorize the submission of the agreement in a proceeding under this subsection.
D Nothing in the Webcaster Settlement Act of , the Webcaster Settlement Act of , or any agreement entered into pursuant to subparagraph A shall be taken into account by the United States Court of Appeals for the District of Columbia Circuit in its review of the determination by the Copyright Royalty Judges of May 1, , of rates and terms for the digital performance of sound recordings and ephemeral recordings, pursuant to sections and I is exempt from taxation under section of the Internal Revenue Code of 26 U.
II has applied in good faith to the Internal Revenue Service for exemption from taxation under section of the Internal Revenue Code and has a commercially reasonable expectation that such exemption shall be granted; or.
III is operated by a State or possession or any governmental entity or subordinate thereof, or by the United States or District of Columbia, for exclusively public purposes;.
F The authority to make settlements pursuant to subparagraph A shall expire at p. Eastern time on the 30th day after the date of the enactment of the Webcaster Settlement Act of A 50 percent of the receipts shall be paid to the copyright owner of the exclusive right under section 6 of this title to publicly perform a sound recording by means of a digital audio transmission.
A the administration of the collection, distribution, and calculation of the royalties;. B the settlement of disputes relating to the collection and calculation of the royalties; and.
C the licensing and enforcement of rights with respect to the making of ephemeral recordings and performances subject to licensing under section and this section, including those incurred in participating in negotiations or arbitration proceedings under section and this section, except that all costs incurred relating to the section ephemeral recordings right may only be deducted from the royalties received pursuant to section B Acceptance of letter.
C Authority of collective. A Payment absent letter of direction. I for a period of not less than days, that person made reasonable efforts to contact the artist payee for such sound recording to request and obtain a letter of direction instructing the collective to pay to that person a portion of the royalties payable to the featured recording artist or artists; and.
B Eligibility for payment. I a written certification stating, under penalty of perjury, that the person meets the requirements in clauses i through iii ; and.
C Multiple certifications. D Objection to payment. E Ownership of the right to receive payments. F Artist payee defined. B an entity to perform publicly up to 45 seconds of the sound recording and the sole purpose of the performance is to promote the distribution or performance of that sound recording.
This term does not include the transmission of any audiovisual work. The ability of individuals to request that particular sound recordings be performed for reception by the public at large, or in the case of a subscription service, by all subscribers of the service, does not make a service interactive, if the programming on each channel of the service does not substantially consist of sound recordings that are performed within 1 hour of the request or at a time designated by either the transmitting entity or the individual making such request.
If an entity offers both interactive and noninteractive services either concurrently or at different times , the noninteractive component shall not be treated as part of an interactive service.
Nothing in this definition shall be construed to exempt a transmission that fails to satisfy a separate element required to qualify for an exemption under section d 1.
A 3 different selections of sound recordings from any one phonorecord lawfully distributed for public performance or sale in the United States, if no more than 2 such selections are transmitted consecutively; or.
In the case of nondramatic musical works, the exclusive rights provided by clauses 1 and 3 of section , to make and to distribute phonorecords of such works, are subject to compulsory licensing under the conditions specified by this section.
A Conditions for compulsory license. A person may obtain a compulsory license only if the primary purpose in making phonorecords of the musical work is to distribute them to the public for private use, including by means of digital phonorecord delivery, and—.
I the first fixation of such sound recording was made under the authority of the musical work copyright owner, and the sound recording copyright owner has the authority of the musical work copyright owner to make and distribute digital phonorecord deliveries embodying such work to the public in the United States; and.
II the sound recording copyright owner, or the authorized distributor of the sound recording copyright owner, has authorized the digital music provider to make and distribute digital phonorecord deliveries of the sound recording to the public in the United States.
B Duplication of sound recording. If the registration or other public records of the Copyright Office do not identify the copyright owner and include an address at which notice can be served, it shall be sufficient to file the notice of intention with the Copyright Office.
The notice shall comply, in form, content, and manner of service, with requirements that the Register of Copyrights shall prescribe by regulation.
B on or after the license availability date, shall, before making any such digital phonorecord delivery, follow the procedure described in subsection d 2 , except as provided in paragraph 3.
A record company that obtains an individual download license as permitted under this paragraph shall provide statements of account and pay royalties as provided in subsection c 2 I.
A Phonorecords other than digital phonorecord deliveries. In the absence of a voluntary license, the failure to obtain a compulsory license renders the making and distribution of phonorecords actionable as acts of infringement under section and subject to the remedies provided by sections through I The failure to serve the notice of intention required by paragraph 2 A or paragraph 3 , as applicable, forecloses the possibility of a compulsory license under such paragraph.
II The failure to comply with paragraph 2 B forecloses the possibility of a blanket license for a period of 3 years after the last calendar day on which the notice of license was required to be submitted to the mechanical licensing collective under such paragraph.
A Identification requirement. The owner is entitled to royalties for phonorecords made and distributed after being so identified, but is not entitled to recover for any phonorecords previously made and distributed.
B Royalty for phonorecords other than digital phonorecord deliveries. C Royalty for digital phonorecord deliveries.
D Authority to negotiate. Such authority to negotiate the terms and rates of royalty payments includes, but is not limited to, the authority to negotiate the year during which the royalty rates prescribed under this subparagraph, subparagraphs E and F , paragraph 2 A , and chapter 8 shall next be determined.
E Determination of reasonable rates and terms. Any copyright owners of nondramatic musical works and any persons entitled to obtain a compulsory license under subsection a may submit to the Copyright Royalty Judges licenses covering such activities.
F Schedule of reasonable rates. In determining such rates and terms for digital phonorecord deliveries, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including—.
I a contract entered into on or before June 22, , and not modified thereafter for the purpose of reducing the royalty rates determined pursuant to subparagraphs E and F of paragraph 1 or of increasing the number of musical works within the scope of the contract covered by the reduced rates, except if a contract entered into on or before June 22, , is modified thereafter for the purpose of increasing the number of musical works within the scope of the contract, any contrary royalty rates specified in the contract shall be given effect in lieu of royalty rates determined pursuant to subparagraphs E and F of paragraph 1 for the number of musical works within the scope of the contract as of June 22, ; and.
II a contract entered into after the date that the sound recording is fixed in a tangible medium of expression substantially in a form intended for commercial release, if at the time the contract is entered into, the recording artist retains the right to grant licenses as to the musical work under paragraphs 1 and 3 of section B Sound recording information.
I the digital phonorecord delivery has been authorized by the sound recording copyright owner; and.
II the entity making the digital phonorecord delivery has obtained a compulsory license under subsection a or has otherwise been authorized by the musical work copyright owner, or by a record company pursuant to an individual download license, to make and distribute phonorecords of each musical work embodied in the sound recording by means of digital phonorecord delivery.
D Liability of sound recording owners. E Recording devices and media. G Exempt transmissions and retransmissions. The exemptions created in section d 1 do not expand or reduce the rights of copyright owners under paragraphs 1 through 5 of section with respect to such transmissions and retransmissions.
H Distribution by rental, lease, or lending. With respect to each nondramatic musical work embodied in the phonorecord, the royalty shall be a proportion of the revenue received by the compulsory licensee from every such act of distribution of the phonorecord under this clause equal to the proportion of the revenue received by the compulsory licensee from distribution of the phonorecord under subsection a 1 A ii II that is payable by a compulsory licensee under that clause and under chapter 8.
The Register of Copyrights shall issue regulations to carry out the purpose of this subparagraph. I Payment of royalties and statements of account.
Each monthly payment shall be made under oath and shall comply with requirements that the Register of Copyrights shall prescribe by regulation.
The Register shall also prescribe regulations under which detailed cumulative annual statements of account, certified by a certified public accountant, shall be filed for every compulsory license under subsection a.
The regulations covering both the monthly and the annual statements of account shall prescribe the form, content, and manner of certification with respect to the number of records made and the number of records distributed.
J Notice of default and termination of compulsory license. Such termination renders either the making or the distribution, or both, of all phonorecords for which the royalty has not been paid, actionable as acts of infringement under section and fully subject to the remedies provided by sections through In the case of a license obtained under subsection b 2 B , license authority under the compulsory license may be terminated as provided in subsection d 4 E.
C Other licenses. D Protection against infringement actions. E Other requirements and conditions apply. A Procedure for obtaining license.
I the digital music provider or notice of license does not meet the requirements of this section or applicable regulations, in which case the requirements at issue shall be specified with reasonable particularity in the notice of rejection; or.
II the digital music provider has had a blanket license terminated by the mechanical licensing collective during the 3-year period preceding the date on which the mechanical licensing collective receives the notice pursuant to paragraph 4 E.
If the deficiency has been cured, the mechanical licensing collective shall so confirm in writing, and the license shall be effective as of the date that the original notice of license was provided by the digital music provider.
The district court shall determine the matter de novo based on the record before the mechanical licensing collective and any additional evidence presented by the parties.
B Blanket license effective date. No such license shall be effective prior to the license availability date.
I Not later than 90 calendar days after the enactment date, the Register shall publish notice in the Federal Register soliciting information to assist in identifying the appropriate entity to serve as the mechanical licensing collective, including the name and affiliation of each member of the board of directors described under subparagraph D i and each committee established pursuant to clauses iii , iv , and v of subparagraph D.
II After reviewing the information requested under subclause I and making a designation, the Register shall publish notice in the Federal Register setting forth—.
Following publication of such notice, the Register shall—. I after reviewing the information submitted and conducting additional proceedings as appropriate, publish notice in the Federal Register of a continuing designation or new designation of the mechanical licensing collective, as the case may be, and the reasons for such a designation, with any new designation to be effective as of the first day of a month that is not less than 6 months and not longer than 9 months after the date on which the Register publishes the notice, as specified by the Register; and.
II if a new entity is designated as the mechanical licensing collective, adopt regulations to govern the transfer of licenses, funds, records, data, and administrative responsibilities from the existing mechanical licensing collective to the new entity.
I Offer and administer blanket licenses, including receipt of notices of license and reports of usage from digital music providers.
II Collect and distribute royalties from digital music providers for covered activities. III Engage in efforts to identify musical works and shares of such works embodied in particular sound recordings, and to identify and locate the copyright owners of such musical works and shares of such works.
IV Maintain the musical works database and other information relevant to the administration of licensing activities under this section.
V Administer a process by which copyright owners can claim ownership of musical works and shares of such works , and a process by which royalties for works for which the owner is not identified or located are equitably distributed to known copyright owners.
VI Administer collections of the administrative assessment from digital music providers and significant nonblanket licensees, including receipt of notices of nonblanket activity.
VII Invest in relevant resources, and arrange for services of outside vendors and others, to support the activities of the mechanical licensing collective.
VIII Engage in legal and other efforts to enforce rights and obligations under this subsection, including by filing bankruptcy proofs of claims for amounts owed under licenses, and acting in coordination with the digital licensee coordinator.
IX Initiate and participate in proceedings before the Copyright Royalty Judges to establish the administrative assessment under this subsection.
X Initiate and participate in proceedings before the Copyright Office with respect to activities under this subsection. XI Gather and provide documentation for use in proceedings before the Copyright Royalty Judges to set rates and terms under this section.
XII Maintain records of the activities of the mechanical licensing collective and engage in and respond to audits described in this subsection.
XIII Engage in such other activities as may be necessary or appropriate to fulfill the responsibilities of the mechanical licensing collective under this subsection.
II administer blanket licenses for reproduction or distribution rights in musical works for covered activities, including collecting and distributing royalties, pursuant to blanket licenses.
II Four voting members shall be professional songwriters who have retained and exercise exclusive rights of reproduction and distribution with respect to covered activities with respect to musical works they have authored.
III One nonvoting member shall be a representative of the nonprofit trade association of music publishers that represents the greatest percentage of the licensor market for uses of musical works in covered activities, as measured for the 3-year period preceding the date on which the member is appointed.
IV One nonvoting member shall be a representative of the digital licensee coordinator, provided that a digital licensee coordinator has been designated pursuant to paragraph 5 B.
Otherwise, the nonvoting member shall be the nonprofit trade association of digital licensees that represents the greatest percentage of the licensee market for uses of musical works in covered activities, as measured over the preceding 3 full calendar years.
V One nonvoting member shall be a representative of a nationally recognized nonprofit trade association whose primary mission is advocacy on behalf of songwriters in the United States.
I Establishment. II Public availability. Such committee shall have an equal number of members of the committee who are—. I musical work copyright owners who are appointed by the board of directors of the mechanical licensing collective; and.
II representatives of digital music providers who are appointed by the digital licensee coordinator. II include an equal number of representatives of musical work copyright owners and professional songwriters.
I In general. II Submission. BB prepare a report for the board of directors of the collective with respect to the matters described in item bb ; and.
CC not later than December 31 of the year in which the qualified auditor is retained, deliver the report described in subitem BB to the board of directors of the collective.
AA for the receipt, handling, and distribution of royalty funds, including any amounts held as unclaimed royalties;.
BB to guard against fraud, abuse, waste, and the unreasonable use of funds; and. CC to protect the confidentiality of financial, proprietary, and other sensitive information.
In furtherance of maintaining such database, the mechanical licensing collective shall engage in efforts to identify the musical works embodied in particular sound recordings, as well as to identify and locate the copyright owners of such works and shares thereof , and update such data as appropriate.
II the copyright owner of the work or share thereof , and the ownership percentage of that owner;. IV to the extent reasonably available to the mechanical licensing collective—.
V such other information as the Register of Copyrights may prescribe by regulation. I to the extent reasonably available to the mechanical licensing collective—.
II such other information relating to the identity and ownership of musical works and shares of such works as the Register of Copyrights may prescribe by regulation.
The mechanical licensing collective shall make such database available in a bulk, machine-readable format, through a widely available software application, to the following entities:.
I Digital music providers operating under the authority of valid notices of license, free of charge. II Significant nonblanket licensees in compliance with their obligations under paragraph 6 , free of charge.
III Authorized vendors of the entities described in subclauses I and II , free of charge. IV The Register of Copyrights, free of charge but the Register shall not treat such database or any information therein as a Government record.
V Any other person or entity for a fee not to exceed the marginal cost to the mechanical licensing collective of providing the database to such person or entity.
The collective shall maintain a current, publicly accessible list of blanket licenses that includes contact information for the licensees and the effective dates of such licenses.
The collective shall maintain a current, publicly accessible list of notices of nonblanket activity that includes contact information for significant nonblanket licensees and the dates of receipt of such notices.
II distribute royalties to copyright owners in accordance with the usage and other information contained in such reports, as well as the ownership and other information contained in the records of the collective; and.
III deposit into an interest-bearing account, as provided in subparagraph H ii , royalties that cannot be distributed due to—. II that accrues for the benefit of copyright owners entitled to payment of such accrued royalties.
I Musical works claiming process. I The first such distribution shall occur on or after January 1 of the second full calendar year to commence after the license availability date, with not less than 1 such distribution to take place during each calendar year thereafter.
In furtherance of the determination of equitable market shares under this subparagraph—. I maintain a publicly accessible online facility with contact information for the collective that lists unmatched musical works and shares of works , through which a copyright owner may assert an ownership claim with respect to such a work and a share of such a work ;.
II engage in diligent, good-faith efforts to publicize, throughout the music industry—. III as appropriate, participate in music industry conferences and events for the purpose of publicizing the matters described in subclause II.
I such payments and credits to songwriters shall be allocated in proportion to reported usage of individual musical works by digital music providers during the reporting periods covered by the distribution from the mechanical licensing collective; and.
II in no case shall the payment or credit to an individual songwriter be less than 50 percent of the payment received by the copyright owner attributable to usage of musical works or shares of works of that songwriter.
K Dispute resolution. I A copyright owner may audit the mechanical licensing collective only once in a year for any or all of the 3 calendar years preceding the year in which the audit is commenced, and may not audit records for any calendar year more than once.
II The audit shall be conducted by a qualified auditor, who shall perform the audit during the ordinary course of business by examining the books, records, and data of the mechanical licensing collective, according to generally accepted auditing standards and subject to applicable confidentiality requirements prescribed by the Register of Copyrights under paragraph 12 C.
III The mechanical licensing collective shall make such books, records, and data available to the qualified auditor and respond to reasonable requests for relevant information, and shall use commercially reasonable efforts to facilitate access to relevant information maintained by third parties.
IV To commence the audit, any copyright owner shall file with the Copyright Office a notice of intent to conduct an audit of the mechanical licensing collective, identifying the period of time to be audited, and shall simultaneously deliver a copy of such notice to the mechanical licensing collective.
The Register of Copyrights shall cause the notice of audit to be published in the Federal Register not later than 45 calendar days after the date on which the notice is received.
Unter illegalen Anbietern ist praktisch nicht zu ermittelt, die Server speichern keine IP Adressen, denn diese Anbieter wollen ja nicht gegen sich selbst arbeiten.
P2P Netzwerk ist dagegen ungesichert, die IP Adressen leicht zu ermitteln. Nutzung einer VPN, zb Nord VPN ist da ein Muss Und danach passt das dann schon.
Zum Beispiel Tschechei Slowakei Polend. Sind die auch Verboten. Naturlich sind die Filme nicht in deutsche Sprache. Für Streamingdienste nutze ich generell einen professionellen Proxianbieter, über den mehrere tausend User weltweit mit der selben IP unterwegs sind.
Würde ich ein kostenpflichtiges Streamingangebot nutzen, würde ich mit Bitcoins bezahlen und die Zahlung über einen Anonymisierungsdienst abwickeln.
Die Industrie würde den aber gerne zu Geld machen, was durch die Streamer verhindert wird. Wenn ein Film gut ist, dann will ich den ohnehin mit perfektem 7.
Aufzunehmen, was im Fernsehen läuft, ist noch nicht rechtswidrig. Ok, dann sind eben nicht die allerneuesten Serien zu sehen, aber braucht man das wirklich?
Denn der Content wird oft selbst produziert und exklusiv vermarktet. Der eine hat wenig Serien, der andere wenig Filme, der dritte kaum Originalversionen.
Der Markt ist stark fragmentiert, das nervt und spielt den illegalen Plattformen in die Hände, die eben alles anbieten.
Kontrolliert hier keiner vorher, bevor es online geht? Das Anbieten von streams allerdings schon da hierfür ja eine Kopie auf einem Server liegen muss.
Jeder Kunde muss darauf hingewiesen werden, wann er eine gebührenpflichtige Nutzung begeht. Warum wird hier nicht eindeutig der Dienst verpflichtet, diese Hinweise klar und unmissverständlich in seine Seite einzubauen?
Man hat das Gefühl, dass diese Dienste mit der unklaren Lage Geld verdienen wollen, nicht mit einer ehrlichen Dienstleistung. Es geht hier um illegale Dienste.
Da wird niemand darauf hinweisen, dass Abmahn- und Verfahrenskosten anfallen, wenn man diese Dienste nutzt. Wenn es im Internet einen aktuellen Kinofilm für lau gibt, glauben Sie allen Ernstes, dass das rechtens ist?
Aber vielleicht nehmen die Betreiber dieser Seiten Ihren Vorschlag auf und weisen künftig auf die mögl.
Strafverfolgung hin. Wer Filme streamt, der sollte doch nach all den Medienberichten - vor allem kinox. Wenn jmd so blind ist und auf "download" klickt, dann muss er halt zahlen.
Das Urteil dieses Gerichtes wimmelt nur so von Konjunktiven, an denen nunmehr der Nutzer "aufgehängt" wird, dem Wissenspflicht unterstellt wird, die er nie leisten kann.
Wenn man schon liest, es gebe diese oder jene Merkmale beit diesem Streamen ist bereits klar, es fehlt an der Eindeutigkeit für Rechtsverfolgung.
Ich zweifle überdies stark an dem notwendigen Wissen des Gerichtes. Eher wurden mal wieder unzuverlässige Gutachten eingeholt, die womöglich nur so wimmelten von "wenns und abers.