Important : Limitation of Emby premiere

[Carlo 4330]

On 5/25/2023 at 7:22 PM, caaptusss said:

I repeat, what I do is legal in France. I don't care if you consider it illegal.
Besides, who are you to judge what I do with this tool? Even if it were illegal, if I wanted to use a hammer to kill someone, would you ban the manufacture of hammers?

You've got to be intelligent for 5 minutes...

This will take less than 5 minutes to read and will not require high levels of intelligence to understand.

In order to use our software, you agreed to abide by our Terms of Service. You also purchased a 1 year Premiere license to access additional features. The Premiere license also gives you the ability to use Premiere features on 25 (weekly rolling) devices.  You can have many other devices besides the 25 Premiere license devices.

"Emby grants you a personal, non-commercial, worldwide, royalty-free, revocable, non-transferable, non-sublicensable, and non-exclusive license to use the software provided to you by Emby ("Software"). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Software in the manner permitted by these Terms."

We are the owners of the software and services that decide how it can and can't be used. We grant you a license to use our software and services, as long as it's used as agreed upon, otherwise we have the right to revoke your license and use of it.

Does that answer your question regarding "who are you to judge what I do with this tool"?

[Tandhruil 21]

20 hours ago, nakor85 said:

In France, it is no more legal than elsewhere.
We can only share content with strict family ( family circle) and very few friends ( meant by familiar in law). Rule provided by the Ministry of Culture

cf:exception aux droits d'auteur

 

Bonjour,

L'exception copie privée ne permet pas de diffuser des oeuvres à ses amis et collègues mais uniquement à la famille proche. 25 terminaux même avec 3 terminaux par personne semble un ratio raisonnable.

Extrait du lien :

Quote

1) La représentation dans le cercle de famille
La représentation privée doit être gratuite et être effectuée exclusivement dans un cercle de famille qui s’entend d’un public restreint aux parents ou familiers.

On est loin de cette liste d'utilisateurs.

On 5/25/2023 at 2:13 AM, JovaBocca said:

The real problem is that I have a dozen nephews, parents, in-laws, cousins, and just now we are over 25 individuals.
You add my work colleagues (about 15), and the few close friends I want to help financially (yes, taking a package on netflix + disney + premium + OCS + Apple etc... is extremely expensive), and you quickly reach 50 people.

 

[visproduction 122]

On 5/30/2023 at 10:03 AM, nakor85 said:

In France, it is no more legal than elsewhere.
We can only share content with strict family ( family circle) and very few friends ( meant by familiar in law). Rule provided by the Ministry of Culture

cf:exception aux droits d'auteur

 

This pdf in the link above refers to the Berne convention of 1886, which clearly includes language that would seem to make any duplication illegal before 50 years had passed since the release of the media.
https://www.wipo.int/treaties/fr/ip/berne/summary_berne.html

An interpretation that there is no restriction appears to be false.

Quote

Translated from French - 3. Regarding the duration protection, the general rule is that protection must be granted until the expiration of the fiftieth year after the death of the author. But this general rule has exceptions. For anonymous or pseudonymous works, the protection expires 50 years after the work has been lawfully made available to the public, unless the pseudonym leaves no doubt as to the identity of the author or if the latter reveals his identity during the period in question, in which case the general rule applies. For audiovisual (cinematographic) works, the minimum term of protection is 50 years after the work has been made available to the public or, failing that, from the creation of the work. For works of applied art and photographic works .

French courts rule all the time against US media and software products.  These cases are widely considered to be abusive litigation from France to extort payments from US companies.  Such cases represent exactly the opposite of the contention that free distribution is allowed in France.  Example would be:
Paris, 13 juillet 2007, Christian C, Nord-Ouest Production c/ SA DailyMotion
 http://www.juriscom.net/documents/tgiparis20070713.pdf

Comments in English on this case:
 http://copyrightfrance.blogspot.com/2007/07/dailymotion-hosting-provider-liable-for.html

And other related cases blog in English:
 https://copyrightalliance.org/copyright-cases-2021/

You can find arguments that take opposite postions.  The base agreement from the Berne convention clearly states the 50 year rule.

In summary, any company can try breaking any rules they like, but that will not stop litigation.  When there is exisiting French and US law, that has already succeed in court to penalize with fines and judgements and / or remove a company from conducting any business, then that business has every right to put whatever restrictions, they deem fit, on their contract and license agreements, to help defer such legal liabilities.


 

Edited July 1, 2023 by visproduction

[80srule 22]

The premier limit is only people who are not paying for the app. If you’ve paid the unlock fee, then that does not count towards the Premier. So if you have more people than can be on Premier, tell them to pay the $5 one time unlocked fee and be done with it. And then you don’t have to worry about Premier.  I have more than 25 people and most of the people just prefer to display the $5 unlock fee, because I didn’t pay for Premier to begin with.  
so your entire argument from what I can understand is that they need to have more allowances for the premier, but they don’t. Because again anyone that wants to can pay the unlocked fee. I had somebody that was complaining about it. But yet usually the same people that complain about that are the ones that are eating out every day or going to Starbucks and paying $7 or $8 a day for coffee. 

[HouseOfCards 70]

I think allowing access to my server is a really limited thing.  But I'm not trying to build my own TV Station for $6/month. 

The current license allows to go well beyond what is "legitimate" for most use cases.  In my case, I have a couple friends that have their own servers, and we allow each other access.  Even if I add a few more "freeloaders" and a few close family, I'll be nowhere near the standard limit.  Sounds like the "gimme, gimme" generation.  Voting for leftists, complaining about inflation caused by their policies, and demanding more anarchy to fill the gap.

You're not allowed to have a movie theater without paying for the copyright for what's on the screen.  Period.

In Emby's case, it's a line.  They need to allow the majority of what amounts to the equivalent of borrowing someone's DVD, without letting people have that movie theater.  If you need a movie theater, host it elsewhere and await your DMCA letter.