said by MyDogHsFleas:Actually, there is no button or anything of the sort, the drapes are really already open, it's just that the house might be in a part of town that not a lot of people would go to, but if and when someone did and noticed the open drapes and stood there (from the public street, even if it's an out of the way street) and looked into the house through the already open drapes, and told others about it, there's absolutely nothing illegal that is happening on the part of that person or anyone else who comes to look into the house and/or tells others about it. There's no copying of anything that's taking place, it's just people coming and looking. Let's not try to twist it into something more than what it really is. said by RayW:
Actually, your logic is more faulty. It is more like you left your full size, floor to ceiling, wall to wall picture window drapes open and then got upset because everyone standing on the street or side walk (and not on your lawn) saw you undressed doing actions of dubious morality with another guy for a blue film and they are not buying your film.
I'd say your analogy could stand a little tweaking. What it's really like is if I had the big drapes closed, but around the side of the house, there was an unmarked button. If you tried pushing the button, you'd find it opened the drapes and you could see what was going on. Then I came out and yelled at you for opening the drapes. Your defense is, "But the button is right over there! All I have to do is push it! If you didn't want your drapes open, you should have protected your button!" And then you wrote a story for the local paper telling people where the button is and how to press it.
In your example you have nothing left, in the other you still have what you started with and the option to close the drapes and continue on with your business.
But I really don't, because you've copied my blue film and posted it on the Internet. Where is my business now?
If you chose not to shut the drapes but instead to sue all the onlookers for staring at you from the public access areas, then I wonder how far you would get?
The thing you and others are missing is that the video streams are not really on public display. If someone goes through the front door of the mobitv site, there is no link that says "Hey! Click here and get it for free!" Instead, there's a signup process by which you are given access.
To bypass it, you have to know (a) the URL of a file and (b) how to download that file, save it, examine its contents, and copy/paste the imbedded URLs into a Web browser. We, as techno-elite people, know how to do those steps easily. I guarantee you that at least half of the people on the Internet would, given the URL, fail to download the file, examine it, and then view the videos. Additionally, the URL to the file is not obvious by any means. Someone figured it out and posted it.