This is not legal advice. This document is for informational and educational purposes only. The information provided herein is not a substitute for professional legal advice. You should not act or refrain from acting based on this information without first seeking legal advice from a qualified attorney in your relevant jurisdiction. The author of this document is not an attorney and does not claim to be one. The use of this document does not create an attorney-client relationship.
Laws regarding copyright, fair use, terms of service, and data extraction are complex, jurisdiction-dependent, and subject to change and interpretation. The assertions made in this document may not be upheld in a court of law. Engaging in the activities described herein may carry legal risks, including but not limited to, claims of copyright infringement, breach of contract, and violations of the Digital Millennium Copyright Act (DMCA) or similar legislation. You assume all risks and responsibility for any actions you take based on the information in this document.
This document outlines the terms of personal use for accessing and interacting with this and other online streaming websites, grounded in the principles of fair use and personal use exceptions within copyright law. This license asserts the user's rights to a non-commercial, personal, and transformative interaction with the content provided.
The use of ad-blocking software for personal, non-commercial purposes is a widely accepted and legal practice in most jurisdictions. The user asserts their right to control the content displayed on their personal devices for reasons including, but not limited to:
- Enhanced Security: Ad-blockers can prevent malvertising, a common vector for malware and phishing attacks.
- Privacy Protection: Ad-blockers can limit tracking and data collection by third-party advertisers.
- Improved User Experience: Ad-blockers can reduce page load times and remove intrusive and distracting advertisements.
Multiple court rulings have upheld the legality of ad-blocking tools, affirming that users have the right to filter the content they receive on their own devices. While a website has the right to restrict access to users with ad-blockers, the act of using an ad-blocker itself is not a violation of the law. However, please be aware that the active circumvention of anti-ad-blocking measures may be considered a violation of the Digital Millennium Copyright Act (DMCA) in some jurisdictions.
Under the doctrine of fair use, the user asserts their right to create temporary, personal copies of streamed content for the purpose of time-shifting and personal, non-commercial viewing. This includes the use of custom scripts or third-party tools to extract data streams. The legal basis for this assertion is founded on the following principles of fair use:
- Purpose and Character of the Use: The use is strictly for personal, non-commercial, and non-profit purposes. The extracted content is not for redistribution, public performance, or any commercial activity.
- Nature of the Copyrighted Work: The content is publicly accessible on the internet.
- Amount and Substantiality of the Portion Used: While the entirety of a work may be copied, it is for the sole purpose of personal viewing at a later time, which is a transformative use (time-shifting).
- Effect of the Use upon the Potential Market: Personal, non-commercial time-shifting does not supplant the market for the original work. The user is not creating a competing product or service.
It is explicitly stated that any and all extracted content is for the sole and exclusive personal use of the individual who performed the extraction. Any form of redistribution, sharing, or public performance of the extracted content is a violation of this personal use license and may constitute copyright infringement.
This practice is analogous to recording a television program for later viewing, a practice upheld as fair use. The method of "recording" has evolved with technology, but the principle of personal, time-shifted viewing remains the same.
It is acknowledged that the use of ad-blockers and data extraction tools may be a violation of a website's Terms of Service (ToS). A ToS is a civil agreement between the user and the service provider. A breach of ToS is a contractual dispute and is not, in and of itself, a violation of copyright law. While a service provider may have grounds to terminate a user's account for a ToS violation, it does not automatically render the user's actions illegal under copyright statutes.
The principles outlined in this document are supported by a body of legal precedent and scholarly work. Key legal concepts include:
- Fair Use Doctrine (U.S. Copyright Act of 1976, Section 107): This doctrine permits the limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.
- Personal Use Exceptions: Many legal systems recognize the right of individuals to make copies of copyrighted works for their own personal use.
Relevant quotes from legal scholars and analyses include:
"The fair use of a copyrighted work...for purposes such as criticism, comment, news reporting, teaching..., scholarship, or research, is not an infringement of copyright." - 17 U.S.C. § 107
"In most countries, using an ad blocker is legal. You have the right to control how content is displayed on your own device." This is often equated to the right to change the brightness on your monitor or use a web browser of your choice.
This document serves as a declaration of the user's intent to interact with online streaming content in a manner that is consistent with the principles of fair use and personal use. The user asserts their right to a secure, private, and user-friendly experience, which includes the use of ad-blockers. Furthermore, the user asserts their right to personal, non-commercial time-shifting of publicly available content. All actions are undertaken for personal, non-commercial use only, without any intent to infringe on the legitimate rights of copyright holders.