Haynes and Boone's Newsroom

Andy Ehmke in Giant Bomb Video Game News: The Story Behind S.978, the Controversial Streaming Bill
07/18/2011

There have been some apocalyptic responses to S.978, a bill currently working its way through the U.S. Senate. The bill would make the online streaming of copyrighted content a felony.

 

"Is the passage of S.978 a catastrophe waiting to happen?" posed Andrew Ehmke, an attorney at Texas-based Haynes and Boone, LLP. "Catastrophe is probably too strong of a word, but a lot of the commentary and concern about the scope and breadth of the law is legitimate."

 

"For it to be criminal copyright," he explained, "one of the elements is 'for purposes of commercial advantage or private financial gain.' I would hope that the FBI would not view a random YouTube user as somehow falling within the definition of 'for purposes of ... private financial gain.' However, if someone posts to YouTube with a link back to a web site, which contains banner ads that pay-per-view, that seems to move closer to 'for purposes of ... private financial gain.'"

Excerpted from Giant Bomb Video Game News. To view the full article, click here.