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The key idea of WatchTogether is a social platform which enables users to watch videos together with families and friends in different locations by synchronized-playing the video files and to interact with each other by making comments, discussions, etc. The primary requirement for this collaborative-watching is to have the same video source with the exact time length (duration) either in physical media or digital format. It is assumed that the video files stored on each user’s local machine are obtained from legitimate source (purchase or rent if it’s copyrighted). What if the video file is a copyrighted one and is obtained unlawfully? The responsibility then falls to the user him/her self.
As an extended feature, peer-to-peer streaming is offered, in which user(s) who has/have the video files can stream the video over internet to let other users view it without having to have the file on their local machines. This surely has some shortfalls as users need to have adequate resources (internet bandwidth, memory, etc) to stream the video either by stream server or peer-to-peer connection, thus only appropriate as an alternative way to watch.
This idea came from an analogy when a family member buys or rents a DVD movie and then plays and watch the movie with other family members or friends in the house. Here, the streaming is considered a substitute of playing physical media like CD, DVD, Blu-ray, etc. but not constrained to place. Instead, families or friends can view and interact with another over internet.
Is this considered to be legal?
For copyrighted materials, the answers depend on many factors and probably differ in many countries [3]. There are different opinions about this. Summarizing the discussions among attorneys on some online forums, it is still debatable to determine the legal status, so the best answer will return to the terms of rental or purchase agreement between the buyer and the copyright owner.
Although using the logic of rental or purchase analogy above makes sense for families or close friends, streaming the lawfully purchased copy of video may lead to someone else (people whom they don’t know) watch it. In this case, it might infringe its copyright. Streaming a copyrighted video in public without the consent of the copyright owner is a violation [1]. However, there is an opinion that says if a movie is played in a private room where only normal social circle (close friends and families) can watch it, it is lawful. In contrast, a statement pointed by patent attorney D. N. Ballard “Streaming a movie to even a small circle of friends for free is clearly an unlawful public performance of the movie [in violation of 17 U.S.C. 106(4)].” [2] considers streaming as illegal.
With pros and cons regarding legal standing, copyrighted materials must not be infringed. Until we’ve found the firm regulation, the safest option would be to offer streaming in a private room/channel in which only invited users can join to watch the video.
REFERENCES
[1] http://info.legalzoom.com/copyright-laws-related-using-movies-group-showing-26393.html
[2] https://www.avvo.com/legal-answers/is-it-illegal-to-stream-a-movie-you-have-rented-or-2485812.html
[3] https://www.quora.com/Is-it-illegal-to-watch-movies-online-for-free
