If you live in Tennessee, you must think twice before giving your Netflix password to a friend.
the Governor Bill Haslam signed House Bill 1783/Senate Bill 1659 in law. The new Act, chapter Public No. 348, criminalizes the use information from a connection account for any "subscription entertainment services". These services include Netflix, the popular video-on-demand service, as well as with Rhapsody, a similar site dedicated to the music streaming. As the capital of Tennessee is also the capital of country music in the world, it is surprising that the industry of music would exert enough influence to consider legislators to protect the State's main exports. In an era where incomes from the sale of music is down and in decline, providers of this form of art must have fingers in each hole in the dike, one of the greatest sharing unauthorized music via the internet.
Mitch Glazier, executive vice president of public policy for the RIAA, said that the Bill is a necessary protective measure the evolution of digital technology. Industry music saw its interior revenue plunge by more than half in 10 years, 15 billion to $7 billion, a-t-il dit.While the alleged target of the measure was "pirates and thieves who sell passwords in bulk", there is no exception in the new law for those who their individual passwords of loan to family and friends and have no intention of trafficking in passwords.While those that share their subscriptions with a spouse or other members of the family under the same roof almost certainly have nothing to fear, gross offenders - let us, college students who give their access to everyone on their dormitory floor connections - could get in trouble.Bill Ramsey, a Nashville criminal defense lawyer, expressed doubt that the Act would be used to punish members of the family living together on the sharing of subscription services. He considered that these domestic transactions would be "difficult to detect." But "when you start passes north of 10 persons, could look like a Prosecutor and say, 'Hey, you know that it was stolen," Ramsey said.More specifically, the scope of the Act has been described by one of the sponsors project leader of Act adopted on the side of the House. "What is not legal, it is if you send your username and your password to all your friends so they can get free subscriptions, said representative Gerald McCormick (R-Chattanooga)."Under the terms of the Act, all entertainment subscription services that have reasonable grounds to believe that they are deprived of income because of the pooling of the connection information may file a complaint of theft with the application of the Act. In the volunteer State, there are two broad categories of theft: theft of property and theft of services. This Act adds the illegal use of entertainment subscription services to steal cable television or "dining room, and killing" (leaving a restaurant without paying the Bill) in the list of services, theft is a crime.Apparently, "Tennessee would become the first State to update its laws of theft of cable for the 21st century and look at the new trend of providing Internet entertainment, according to the Recording Industry Association of America."Naturally, the most sophisticated in the use of the internet for their entertainment are opposed to the Act. "I think it's stupid," student Josh Merbitz said of the Act. Teaching music 20 years major Middle Tennessee State University said Yahoo News that he "watches Netflix online movies by using the password of the father of his friend, with permission of the father".Permission or not, use another password for films, television programmes or music is stealing in Tennessee, and he will be punished as such.The sanctions applicable to violations of the Act are defined below: theft of goods or services is: (1) offence has class A if the value of the goods or services obtained is $ 500 or less; (2) felony class E if the value of the goods or services obtained is over $ 500 but less than $1,000; felony (3) A class d if the value of the goods or services obtained is $ 1,000 or more but less than $ 10,000; (4) A class c felony if the value of the goods or services obtained is $ 10,000 or more but less than $60,000. and (5) felony class a (b) if the value of the goods or services obtained at least $60, 000 bill. This specifies that "services" include entertainment subscription services. This specific bill that any victim of theft of services would have legal standing report the offence for the purposes of the Act and to testify in support of corresponding criminal charges. This bill specifies that the theft of property or services with a value of $500 or less would be a crime of class e instead of a tort of class A, if this offence is an offence of recidivism of the offender after the 1 juillet2011, which consists in flight entertainment subscription services.An amendment by the Senate of the State added: adds to this Act by specifying that a person commits a theft of services by intentionally getting services by false misrepresentation, also deceit, of fraud, coercion, false pretext or of any other means, to avoid the payment of services. This amendment removes the provision of the Bill which makes the theft of goods or services which the value of $500 or less a crime of class e If this offence is recidivism offence of the offender after July 1, 2011, implying flight entertainment subscription services.July 1, 2011 is the date of effect of the Loi.Il there a vagueness in the terms (s) of the law which attracted the attention of some critics of the measure. A public defender, David Doyle, commented just this gap in the new law. He wondered if the term "subscription entertainment" can be broadly defined to include a magazine subscription or a health club membership. It is to say, could a person prosecuted under the Act if it is transmitted to a friend question last week of a magazine to which the former Subscriber?Notice of the right is an essential element of the law in Tennessee. If time reveals that a body of zealous district attorney is applying the law to lenders magazines or one-time borrowers of the brothers and sisters sign - on information, there may be need to adapt more restrictive Act to adjust the behavior for which it was adopted initially to eliminate.
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By Horace J. Elias
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