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5 U. P.R. Bus. L.J. 60 (2014)
Streaming Movies Online: The E True Hollywood Story

handle is hein.journals/uprblj5 and id is 62 raw text is: 




       STREAMING MOVIES ONLINE: THE E! TRUE HOLLYWOOD STORY

                            JAN ANDRE BLACKBURN-CABRERA*

Most people would probably agree that Google is not a bad company. Google has probably
millions and millions of links to illegal files.
- Daniel Raimer

                                      ABSTRACT


       Online streaming of digital content is on the rise and the legal system's failure to
eliminate copyright infringing streaming feeds from the Internet has forced Hollywood to
change  content distribution practices to an online-based streaming model. Studios and
producers have, arguably, faced a significant loss in revenue to illegal streaming. The
entertainment industry is now facing the same debacle that the music industry faced in
1999 with Napster, namely how to generate revenue from distributing content online.
      Advancements   in technology allow for live video streaming to a worldwide audience
using a conventional personal computer. The future holds ubiquitous computing, where
everything will be digitally streamed through video. Everyone's desire to gain access to
streams, in its inception of copyright content as well as in the future of all other types of
content, is imminent. Copyright  infringement of digital artistic works is a constant
technological battle for copyright owners, one that has created a market disagreement
between  owners and  end-users. Just as it happened with music, users want to download
and watch content for free, while copyright owners want to get paid.
       Section 2 consists of an analysis of the copyright issues the entertainment industry
is facing due to what can be called 'illegal streaming' online feeds and the implications to
both  end users  and website  operators. After having understood  the various video-
streaming  products  available online, the  laws  applicable to  these  technological
advancements  are provided in order to expose the flaws of the copyright legislations that
should be protecting video-recorded entertainment content in digital format. Section 3
offers a look at the current proposed amendments to the Digital Millennium Copyright Act
(from now  on  DMCA)  and the concern  that illegal streaming of content may not be
covered by  criminal law. A new  federal criminal statute that makes infringement by
streaming a felony is unnecessary, difficult to prosecute, and will not eliminate illegal
streaming feeds of entertainment content online.
       The entertainment  industry's attempts to enforce the DMCA  and  attack illegal
streams depicted in section 4, prove that lawsuits have actually increased the number of
streaming feeds and websites, thus creating the opposite effect expected by Hollywood
studios. The U.S. government seizures of alleged infringing websites demonstrate that
copyright laws need to provide agencies and judges with much  more  guidance so that
enforcement  efforts can be both  appropriate and  constitutional. Alternate ways are
suggested for the industry's fight against copyright infringement pertaining to streaming
websites that do not involve flawed legislation, unlawful criminal prosecutions or costly
legal fees.

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