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Re: Babe project - Legal feedback







On February 3, 2018 at 1:19:33 PM, Camilo Higuita Rodriguez (chiguitar@xxxxxxxxxxx) wrote:

My case is the following, let's say that there's a feature for streaming audio, and the users stream the song they are listening to, what would go down in that case? Who's in legal troubles?

 Also if I were to send an mp3 over email to a few friends, where's the illegal stand point there? The platform has some fault for allowing to "distribute" the file? Or the user who emailed the content?

And yes, so far the platform only shares the playlist info, and if there are matches with your collection then you can listen to it.

This is where you might be in territory that you don’t want to cross. You have to make sure that the files being listened to are streamed P2P only. Don’t post any of them anywhere, not even a list that can be accessed on the web. Don’t allow access unless expressly requested. Otherwise you become a streaming service like Pandora, Spotify, Google Music and those are services that pay royalties to the artists for having their music on their platform.



But it would be really cool to be able to somehow share your music... tipping around those copyright issues. What if the case is that the user has some kind of music cloud and gives access to that cloud to another user, still illegal? 

There is really nothing wrong here, because for example, in the case of Google, they pay the artists to allow their music on their service and they don’t make themselves responsible to police the music you upload on their service. But the accounts are personal. They generally don’t intend for them to be shared. However, in Google Music, they allow you to recommend music to others with similar accounts and they don’t share the files but a snippet of the song so you would buy it.



Lol as I see this it seems like the answer is : "don't you mess with music copyrights, whatever you do will get you in trouble somehow"

I don’t think so. Here the thing is that you want to offer a streaming option. There is nothing wrong with that. But care for making it very personal, not like a broadcast radio station or TV. It has to be personal and streaming from one device to another and not sharing the file to another device.



Does anybody know of any KDE community member who is could ask these legal questions?

On Feb 3, 2018 3:07 PM, "Albert Astals Cid" <aacid@xxxxxxx> wrote:
El dissabte, 3 de febrer de 2018, a les 18:07:27 CET, Camilo Higuita Rodriguez
va escriure:
> Hi,everyone
>
> I'd like to discuss something with the community, and maybe get some legal
> input:
>
> As some of you might already know I'm working on a open online platform to
> share music information between users, such as public playlists, comments
> on tracks and on the playback progress like soundcloud, share popular music
> suggestions, metadata, and discovery of new music from another users with
> integration with YouTube and Spotify etc... the platform will be integrated
> into Babe music player and could be use in any other music player
>
> The legal matter comes here:
> 1- I would like to either have the option to *stream live* the music an
> user is currently listening to to a group of friends. here the music file
> isn't being storaged in the audience computer...
> How ilegal is it? How illegal is to stream live, but privately, copyrighted
> music?  and how illegal is it to stream owns music content to a selected
> group of friends?
>
> 2- If the stream part wouldn't be enought problem, I'd also like to sync a
> user playlist marked as public to some other friends, that would mean to
> share music files between users, and technically downloading another users
> music files. How illegal is this part? how illegal is to share a music file
> for example, in a conversation in telegram or whatsapp, or even how illegal
> is it to send a mp3 to a friend over an email or even over google drive?
>
> I'd like to get feedback about this issues.
>
> As the project is going to be hosted by the KDE community this streaming
> part won't be implemented to avoid legal issues, but however I would like
> to have this discussion to get as many feedback as possible.

I am not sure you're approaching this the right way.

For me it doesn't really matter if users can do illegal stuff with our
software, what matters is that the software is legal and that it has legal
uses (see KTorrent).

What I think you should be asking yourself is "will I/KDE be in problems for
shipping this sofware?" more than "can my user pontentially get in trouble for
using my sofware to do illegal stuff?".

Cheers,
  Albert

>
> Thank you.
>
> Camilo