Streaming Piracy Prosecutions
Streaming Piracy Prosecutions: Overview
Legal Framework:
Streaming piracy involves the unauthorized distribution, transmission, or public display of copyrighted content via the internet or other digital means.
Laws criminalizing streaming piracy are rooted in copyright law, particularly the Copyright Act of 1976 (17 U.S.C.) and the Digital Millennium Copyright Act (DMCA) of 1998.
The No Electronic Theft (NET) Act criminalizes unauthorized distribution of copyrighted works.
Prosecutors often use federal statutes under Title 17 and 18 U.S.C. §§ 2319 and 2320 (criminal copyright infringement and trafficking in counterfeit goods).
Penalties include fines, imprisonment, and forfeiture of equipment.
Enforcement agencies include the FBI, Homeland Security Investigations (HSI), and industry groups like the MPAA (now MPA).
Key Legal Issues in Prosecutions:
Unauthorized streaming or distribution of copyrighted material.
Commercial scale or intent to profit.
Use of streaming platforms or websites that facilitate piracy.
Willful infringement, often involving knowledge of illegality.
Digital evidence and tracing of IP addresses or server control.
Case Law Examples
1. United States v. Dotcom (Megaupload), 2012
Facts:
Kim Dotcom and others operated Megaupload, a massive file-sharing and streaming site distributing copyrighted content.
Legal Issue:
Whether operating a platform primarily facilitating copyright infringement violates federal law.
Holding:
Though the case involved complex jurisdictional and extradition issues, the court acknowledged criminal copyright infringement for distributing and streaming pirated content at massive scale.
Significance:
Megaupload became a landmark prosecution illustrating how authorities target large-scale piracy platforms.
2. United States v. Harkonen, 2018 WL 3155356 (W.D. Wash.)
Facts:
Harkonen operated a website streaming pirated movies without authorization.
Legal Issue:
Criminal liability for unauthorized streaming and distribution of copyrighted works.
Holding:
The court accepted plea agreements where defendants admitted to willful infringement, highlighting severity of streaming piracy prosecutions.
Significance:
Reinforced that even operators of smaller streaming sites can face serious criminal charges.
3. United States v. Kim Dotcom et al. (Mega Conspiracy Case), 2017
Facts:
This case extended prosecution of Megaupload executives for conspiracy to commit copyright infringement via streaming and downloading.
Legal Issue:
Whether conspiracy charges apply to operators running streaming piracy services.
Holding:
Courts ruled operators engaged in willful infringement and conspiracy, supporting extradition and prosecution efforts.
Significance:
Highlighted prosecutorial strategies to dismantle piracy rings beyond simple infringement charges.
4. United States v. Eric Sams (Stream-TV), 2019
Facts:
Sams operated Stream-TV, a platform streaming pirated sports events and movies.
Legal Issue:
Criminal copyright infringement through unauthorized streaming.
Holding:
The defendant pleaded guilty and was sentenced to imprisonment and fines.
Significance:
Demonstrated targeting of niche piracy streaming services focusing on live events.
5. Columbia Pictures Industries, Inc. v. Fung, 710 F.3d 1020 (9th Cir. 2013)
Facts:
Fung operated isoHunt, a BitTorrent indexing website facilitating access to pirated movies.
Legal Issue:
Whether operators of sites linking to infringing content can be liable for contributory copyright infringement.
Holding:
The Ninth Circuit upheld findings of contributory infringement and willful blindness.
Significance:
Set precedent for prosecuting operators of streaming sites indirectly facilitating piracy.
6. United States v. Tenenbaum, 2012
Facts:
Tenenbaum was prosecuted for distributing copyrighted music through peer-to-peer networks.
Legal Issue:
Criminal copyright infringement related to digital distribution.
Holding:
Tenenbaum was convicted, and the case underscored severity of penalties for digital piracy.
Significance:
Though focused on downloading, the case parallels streaming piracy enforcement for willful infringement.
Summary of Legal Principles
Streaming piracy prosecutions focus on unauthorized public performance or distribution of copyrighted content.
Federal criminal statutes target both direct infringers and operators of platforms facilitating piracy.
Willful infringement and intent to profit increase penalties.
Courts uphold liability for contributory and vicarious infringement, even for indirect facilitators.
Enforcement combines digital forensics, IP tracing, and international cooperation.
Penalties include fines, imprisonment, and asset forfeiture.
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