Is it legal to get TV for free with the Firestick they sell at the Flea Market?

[jtpearce34476]

Here is a legal opinion from a Florida Law Firm:

Greetings, pirates and potential pirates. We have been recently asked, “Is It Illegal to Jailbreak an Amazon Fire Stick or Receive Jailbroken Programming?” The easy answer is nothing in life is free.. or at least it is not once you get caught.
There has always been a “jailbreak” to getting free TV
I will be honest. I didn’t know what an Amazon Fire TV Stick was before starting this blog. However, I get the concept. As long as there has been television, there have been attempts to obtain pay television channels for free. I distinctly remember the descrambler. Before digital transmissions, television channels used to be locked with waves you couldn’t see through. For those rogue enough to have a descrambler, those images would be set right so you could watch satellite and cable television channels otherwise reserved for paying customers. After that, there were computer tricks and re-coded cards which had the ability to unlock devices.
Manufacturer’s Disclaimer
Now, it seems the Fire Stick is the latest way to unlock certain television channels, pay-per-view events and more. Amazon has been very public warning people not to use their devices for illegal activity. They have to. Device add-ons, such as Kodi, are added which essentially is the software media center. It is also innocent in and of itself. Don’t believe me, just ask Kodi, who says all the right things to deny using its system to obtain paid content without paying:
There have been a wave of sellers who decided to make a quick buck modifying Kodi, installing broken piracy addons, advertising that Kodi lets you watch free movies and TV, and then vanishing when the user buys the box and finds out that the addon they were sold on was a crummy, constantly breaking mess. These sellers are dragging users into the world of piracy without their knowledge and at the same time convincing new users that Kodi is a buggy mess, because they never differentiate Kodi from 3rd party addons. Every day a new user shows up on the Kodi forum, totally unaware that the free movies they’re watching have been pirated and surprised to discover that Kodi itself isn’t providing those movies.
With the Amazon Fire TV Stick, consumers no longer have to connect their laptops to their television or have a smart TV to watch Netflix, Hulu, Amazon video and premium channels like HBO or Showtime. It makes any television able to access content from the internet and use media centers like Kodi or torrent services to obtain content via the internet.
With a little computer programming, one can apparently bypass the requirements that you pay for these services, shows and movies.
The Risks of Jailbreaking versus the Risks of Using a Jailbroken Device

The person using the jailbroken device faces vastly more legal liability.
Some are using these devices linked to their own Amazon or traceable internet accounts. This can also present a clear, traceable fingerprint right to you. Some are using these devices while using their own IP address. This IP address is a clear, traceable fingerprint right to you. Your internet service provider (ISP) can also track data and how it comes and goes. Often, these requests require a court subpoena, so it isn’t necessarily convenient or easy to find the pirates. However, history has proven that even if you mask all of the information, the FBI (and its friends at movie and record companies) have found ways to stay ahead of piracy.
Here are the theories of liability:
Criminal Charges
Piracy is legally a form of stealing- it can be theft of content or theft of services, depending on what is taken. In the United States, the maximum criminal penalty for copyright infringement is a fine of up to $250,000 and a jail sentence of up to five years. This involves damages that are both monetary and confinement, as well as a criminal record. There are loads of stories on the internet of young and old being prosecuted for piracy.
Civil Claims / Copyright Infringement
The owner of copyrighted software may sue the infringer in a civil case. Since the piracy of copyrighted software leads to monetary losses to the production companies and media conglomerates, a civil lawsuit usually requires that the infringer pay for all losses resulting from the distribution and/or illegal copying of the software and any profits the violator made from it. By statute, the maximum civil penalty for copyright infringement is $150,000 per infringement. This means that for every single program or work that was illegally copied and/or distributed, the infringer could have to pay $150,000. As you can imagine, a civil suit may cost a violator millions of dollars. During the Napster days, entire lawfirms popped up to handle these cases.
The company selling “jailbroken” devices or modifying such devices becomes more difficult to analyze
It depends on what that company did, why it did it and what it knew or told the customer. Merely installing software may not lead to liability. However, if you are promoting your service to facilitate illegal activity or piracy, not only are you at risk, but the FBI or third parties could obtain your entire customer database and go after them as well.
We invite you to review our verdicts, our accolades and awards and what clients have to say about us and give us a call for a free consultation where our lawyers will consult with you personally. John represents clients in Florida, Georgia and Alabama and before the U.S. Supreme Court with passion and compassion. Our firm handles a wide variety of injury and death cases, criminal defense, family law and a host of high profile matters. We can be emailed at help@floridajustice.com or call us at (904) 444-4444 in Florida or (912) 444-4444 in Georgia.
REPRINTED BY INTERNATIONAL SATELLITE & ANTENNA SERVICE, OCALA, FLORIDA (352) 237-3811 WITH PERMISSION FROM PHILLIPS & HUNT, ATTORNEYS AT LAW.

[Dana1963]

Here is a legal opinion from a Florida Law Firm:

Greetings, pirates and potential pirates. We have been recently asked, “Is It Illegal to Jailbreak an Amazon Fire Stick or Receive Jailbroken Programming?” The easy answer is nothing in life is free.. or at least it is not once you get caught.
There has always been a “jailbreak” to getting free TV
I will be honest. I didn’t know what an Amazon Fire TV Stick was before starting this blog. However, I get the concept. As long as there has been television, there have been attempts to obtain pay television channels for free. I distinctly remember the descrambler. Before digital transmissions, television channels used to be locked with waves you couldn’t see through. For those rogue enough to have a descrambler, those images would be set right so you could watch satellite and cable television channels otherwise reserved for paying customers. After that, there were computer tricks and re-coded cards which had the ability to unlock devices.
Manufacturer’s Disclaimer
Now, it seems the Fire Stick is the latest way to unlock certain television channels, pay-per-view events and more. Amazon has been very public warning people not to use their devices for illegal activity. They have to. Device add-ons, such as Kodi, are added which essentially is the software media center. It is also innocent in and of itself. Don’t believe me, just ask Kodi, who says all the right things to deny using its system to obtain paid content without paying:
There have been a wave of sellers who decided to make a quick buck modifying Kodi, installing broken piracy addons, advertising that Kodi lets you watch free movies and TV, and then vanishing when the user buys the box and finds out that the addon they were sold on was a crummy, constantly breaking mess. These sellers are dragging users into the world of piracy without their knowledge and at the same time convincing new users that Kodi is a buggy mess, because they never differentiate Kodi from 3rd party addons. Every day a new user shows up on the Kodi forum, totally unaware that the free movies they’re watching have been pirated and surprised to discover that Kodi itself isn’t providing those movies.
With the Amazon Fire TV Stick, consumers no longer have to connect their laptops to their television or have a smart TV to watch Netflix, Hulu, Amazon video and premium channels like HBO or Showtime. It makes any television able to access content from the internet and use media centers like Kodi or torrent services to obtain content via the internet.
With a little computer programming, one can apparently bypass the requirements that you pay for these services, shows and movies.
The Risks of Jailbreaking versus the Risks of Using a Jailbroken Device

The person using the jailbroken device faces vastly more legal liability.
Some are using these devices linked to their own Amazon or traceable internet accounts. This can also present a clear, traceable fingerprint right to you. Some are using these devices while using their own IP address. This IP address is a clear, traceable fingerprint right to you. Your internet service provider (ISP) can also track data and how it comes and goes. Often, these requests require a court subpoena, so it isn’t necessarily convenient or easy to find the pirates. However, history has proven that even if you mask all of the information, the FBI (and its friends at movie and record companies) have found ways to stay ahead of piracy.
Here are the theories of liability:
Criminal Charges
Piracy is legally a form of stealing- it can be theft of content or theft of services, depending on what is taken. In the United States, the maximum criminal penalty for copyright infringement is a fine of up to $250,000 and a jail sentence of up to five years. This involves damages that are both monetary and confinement, as well as a criminal record. There are loads of stories on the internet of young and old being prosecuted for piracy.
Civil Claims / Copyright Infringement
The owner of copyrighted software may sue the infringer in a civil case. Since the piracy of copyrighted software leads to monetary losses to the production companies and media conglomerates, a civil lawsuit usually requires that the infringer pay for all losses resulting from the distribution and/or illegal copying of the software and any profits the violator made from it. By statute, the maximum civil penalty for copyright infringement is $150,000 per infringement. This means that for every single program or work that was illegally copied and/or distributed, the infringer could have to pay $150,000. As you can imagine, a civil suit may cost a violator millions of dollars. During the Napster days, entire lawfirms popped up to handle these cases.
The company selling “jailbroken” devices or modifying such devices becomes more difficult to analyze
It depends on what that company did, why it did it and what it knew or told the customer. Merely installing software may not lead to liability. However, if you are promoting your service to facilitate illegal activity or piracy, not only are you at risk, but the FBI or third parties could obtain your entire customer database and go after them as well.
We invite you to review our verdicts, our accolades and awards and what clients have to say about us and give us a call for a free consultation where our lawyers will consult with you personally. John represents clients in Florida, Georgia and Alabama and before the U.S. Supreme Court with passion and compassion. Our firm handles a wide variety of injury and death cases, criminal defense, family law and a host of high profile matters. We can be emailed at help@floridajustice.com or call us at (904) 444-4444 in Florida or (912) 444-4444 in Georgia.
REPRINTED BY INTERNATIONAL SATELLITE & ANTENNA SERVICE, OCALA, FLORIDA (352) 237-3811 WITH PERMISSION FROM PHILLIPS & HUNT, ATTORNEYS AT LAW.
If you don’t want to jailbreak a Firestick you can purchase an Androidtv device from Amazon and do the same Firestick is much user friendly instructions are available online.

[Mortal1]

If you have to ask then you already know the answer....so if you end up getting nabbed...no tears shed here. You get what you pay for...if you're stealing then you'll get very little sympathy from honest people.

[EdFNJ]

TL;DR

But NO it is not legal ... but my guess is the chances of you getting caught are virtually nil UNLESS the dealer gets busted and they take his customer list. He's been there so long now I doubt he will.

That being said you can "do it yourself" for free with 10 minutes of Youtube videos or Google search. Frankly though, the picture quality of 90% of what you can watch is far below good.

[Mleeja]

Here is an article which kind of agrees with the long article above but is more granular in the definition of streaming versus downloading and how each applies to copyright violations. For those that do not want to read the article, I will give my interpretation of the main points made in the attached article.
1. Streaming a program in your home is not necessary illegal.
2. Downloading a program is a copyright violation.
I would question anyone or any service that say you can watch everything for free.

When is streaming illegal? What you need to know about pirated content (https://www.allconnect.com/blog/is-streaming-illegal)

[EdFNJ]

Here is an article which kind of agrees with the long article above but is more granular in the definition of streaming versus downloading and how each applies to copyright violations. For those that do not want to read the article, I will give my interpretation of the main points made in the attached article.
1. Streaming a program in your home is not necessary illegal.
2. Downloading a program is a copyright violation.
I would question anyone or any service that say you can watch everything for free.

When is streaming illegal? What you need to know about pirated content (https://www.allconnect.com/blog/is-streaming-illegal)


EXCELLENT article link. I learned something there. My only caveat would be you don't want to be the person they make a test case out of or a "scare others" case because they have VERY expensive lawyers !

[My Daily Run]

My neighbor bought one and said it continuously rolls and reboots and not worth it...

[LarryParnelli@gmail.com]

Speaking of getting caught... Auburndale flea Market recently.
Suspects sold ‘jail broken’ Amazon Fire Sticks at Florida flea market, deputies say (https://www.clickorlando.com/news/local/2020/12/21/suspects-sold-jail-broken-amazon-fire-sticks-at-florida-flea-market-deputies-say/?outputType=amp)

[retiredguy123]

This thread contains a bunch of gobbledygook.

In my opinion, the simple answer to the OP's question is NO.

[JohnN]

As long as there has been television, there have been attempts to obtain pay television channels for free.

I'm so old, I remember when television was free and I couldn't understand why anyone would pay. I thought that was was the advertiser's did!

[John_W]

I'm so old, I remember when television was free and I couldn't understand why anyone would pay. I thought that was was the advertiser's did!

That's when all the available channels were broadcast over the air. Now 95% of the channels are what we refer to as Cable Channels, but you receive them via satellite, streaming, cable, etc. Locally Orlando has about 60 broadcast channels, half are Spanish speaking or religious. You have basically the 4 major networks and a few decent independent channels. Much of the sports, news, weather, crime, so many specialized channels cannot be received with just an antenna. Thus, we have the need to pay to receive more channels that appeal to most of us. I have 3 TV's and 2 are on Directv satellite and 1 is on an antenna in the attic. If I could only watch what was on the antenna TV, I would probably quit watching TV.

I remember the first time I got cable, it was 1973 and I was living in Savannah. Some guy knocked on the door and said do you want cable, it's only $5 a month. I said what do you get, at the time there was no such thing as a cable channel. He said you'll get all the Savannah channels crystal clear and all the Charleston Channels, about a dozen channels. I thought that's better than just the four I'm getting and they're not even that clear with rabbits ears.

The first time I had HBO was in '79 and it was $5 a month extra on the cable bill. It didn't come on the air until 4:30 and was on just one channel. It mostly all movies, no specials, no shows of their own, just commercial free uncut movies, and I liked better then.

[retiredguy123]

That's when all the available channels were broadcast over the air. Now 95% of the channels are what we refer to as Cable Channels, but you receive them via satellite, streaming, cable, etc. Locally Orlando has about 60 broadcast channels, half are Spanish speaking or religious. You have basically the 4 major networks and a few decent independent channels. Much of the sports, news, weather, crime, so many specialized channels cannot be received with just an antenna. Thus, we have the need to pay to receive more channels that appeal to most of us. I have 3 TV's and 2 are on Directv satellite and 1 is on an antenna in the attic. If I could only watch what was on the antenna TV, I would probably quit watching TV.

I remember the first time I got cable, it was 1973 and I was living in Savannah. Some guy knocked on the door and said do you want cable, it's only $5 a month. I said what do you get, at the time there was no such thing as a cable channel. He said you'll get all the Savannah channels crystal clear and all the Charleston Channels, about a dozen channels. I thought that's better than just the four I'm getting and they're not even that clear with rabbits ears.

The first time I had HBO was in '79 and it was $5 a month extra on the cable bill. It didn't come on the air until 4:30 and was on just one channel. It mostly all movies, no specials, no shows of their own, just commercial free uncut movies, and I liked better then.
Actually, air has nothing to do with it. It's electromagnetic radiation. The air just gets in the way.

[Mleeja]

Jail breaking a Firestick is not in itself illegal. In fact, I will tell you how to do it right now. Go into the settings, find the “developers options” and check “allow”. You have jail broken a Firestick. Now the question becomes what you do with it. There are 1000’s of programs that are not in the Amazon or Google play stores and are available only from the developers. Most are legal, some not so much. This is the bleeding edge of entertainment. So you need to be careful.

[bimmertl]

Suspects sold ‘jail broken’ Amazon Fire Sticks at Florida flea market, deputies say (https://www.clickorlando.com/news/local/2020/12/21/suspects-sold-jail-broken-amazon-fire-sticks-at-florida-flea-market-deputies-say/)

[Topspinmo]

Cable is such ripoff, look at you’re bill if you don’t agree, tax for this tax for that, rental charge, county tax, state tax, FCC tax. More taxes than gallon of gas which state and federal government make more than the gas companies, no wander the get tax breaks.

[EdFNJ]

This thread contains a bunch of gobbledygook.

In my opinion, the simple answer to the OP's question is NO.
That's the logical & seemingly correct answer but not so simple. There is a lot more to it as per the link a few messages back. Of course an expensive lawyer would be required.

This article: When is streaming illegal? What you need to know about pirated content (https://www.allconnect.com/blog/is-streaming-illegal)

[Carla B]

Suspects sold ‘jail broken’ Amazon Fire Sticks at Florida flea market, deputies say (https://www.clickorlando.com/news/local/2020/12/21/suspects-sold-jail-broken-amazon-fire-sticks-at-florida-flea-market-deputies-say/)

It would be interesting to see what will happen to this motley crew.

[swooner]

Believe the bill Congress passed yesterday officially makes it a felony. Beware the Villages trolls!

[EdFNJ]

Believe the bill Congress passed yesterday officially makes it a felony. Beware the Villages trolls! Yes, but not for "end stealers" like "The Villages People" buying at Marion Market but only those selling for a profit like the folks at the flea markets. It's amazing what gets stuck and hidden away inside bills to get them passed. This new law was stuck on page 200 of the new stimulus bill.

The story: The new stimulus bill makes illegal streaming a felony – TechCrunch (https://techcrunch.com/2020/12/22/stimulus-bill-streaming/)

Copied from above link: Senator Tillis also issued a press release noting that the legislation was co-led by Senator Patrick Leahy (a Democrat from Vermont) and emphasizing that it will only apply to “commercial, for-profit streaming piracy services.”

[pauld315]

In Polk County this week

Four arrested for selling illegal Amazon Fire TV Sticks - YouTube (https://www.youtube.com/watch?v=JLncBSR4Sy8)

[OrangeBlossomBaby]

Yes, but not for "end stealers" like "The Villages People" buying at Marion Market but only those selling for a profit like the folks at the flea markets. It's amazing what gets stuck and hidden away inside bills to get them passed. This new law was stuck on page 200 of the new stimulus bill.

The story: The new stimulus bill makes illegal streaming a felony – TechCrunch (https://techcrunch.com/2020/12/22/stimulus-bill-streaming/)

Copied from above link: Senator Tillis also issued a press release noting that the legislation was co-led by Senator Patrick Leahy (a Democrat from Vermont) and emphasizing that it will only apply to “commercial, for-profit streaming piracy services.”

The stimulus bill wasn't JUST the stimulus bill. It was also the bill to keep the government open, and that part of the bill was put in there with encouragement from both the House and the Senate, because everyone wants to keep the government up and running, and they didn't want to have to convene twice for two totally separate bills (which they would have had to do, if they weren't combined).

Regardless:

The reason why it's illegal to use a jailbroken firestick is this: the things you plan on streaming, were produced by people. There were actors, grips, catering companies, lighting people, makeup people, camera operators, assistants, site managers, wardrobe managers and assistants, transportation crews, limo services, copy editors, coffee-fetchers, "best boys" (it's a term in the industry), etc. etc. All of these people have to get paid. Some of them get paid a fee, plus residuals. It's in their union contract.

When you steal content, you are stealing their paycheck. If you LIKE something enough that you want to stream it, then you need to pay if they normally charge for it. Otherwise, you are DIRECTLY responsible for the increase of the costs of original content. No one wants to be stuck working for a "best-seller" that no one actually pays for.

[EdFNJ]

The reason why it's illegal to use a jailbroken firestick is this: the things you plan on streaming, were produced by people. RE: Stimulus bill ... yea, well aware of that but some of the pork in it is mind boggling. WRT streaming, From someone's article liked above (and I never realized it) it doesn't seem to be ILLEGAL to use one but it is to sell one. I don't believe an individual was ever arrested for simply USING any streaming device or computer to watch a posted video but definitely have been for posting/sharing files for others. That being said I agree with you for the reasons you stated that it isn't "morally legal". :D Kind of like music downloading which I'm sure no one does here either. <cough>.

Interesting article WRT the LEGALITIES of end-users streaming. When is streaming illegal? What you need to know about pirated content (https://www.allconnect.com/blog/is-streaming-illegal)

[OrangeBlossomBaby]

RE: Stimulus bill ... yea, well aware of that but some of the pork in it is mind boggling. WRT streaming, From someone's article liked above (and I never realized it) it doesn't seem to be ILLEGAL to use one but it is to sell one. I don't believe an individual was ever arrested for simply USING any streaming device or computer to watch a posted video but definitely have been for posting/sharing files for others. That being said I agree with you for the reasons you stated that it isn't "morally legal". :D Kind of like music downloading which I'm sure no one does here either. <cough>.

Interesting article WRT the LEGALITIES of end-users streaming. When is streaming illegal? What you need to know about pirated content (https://www.allconnect.com/blog/is-streaming-illegal)

I'm not familiar with the website you linked. Music downloading, and in fact downloading ANY copyrighted material (including anything that shows up on your jailbroken Firestick) that you aren't expressly authorized to download, is not just morally illegal. It's illegal, period. Bypassing legal means to download copyrighted material is against copyright law.

STREAMING - is not the same as downloading, and unfortunately technology has outpaced the law with regards to copyrighted material. Basically - if a content provider provides content that never actually gets loaded onto your computer, TV, your cloud account, or any other device you own, then you aren't liable. But if the content provider provides content that ends up saved to your device, or in your cloud account, then you are responsible if that material is copyrighted and you didn't have express permission to take possession of it.

Both of these things - streaming and downloading - can take place on a Firestick. Both of them can take place on a jailbroken Firestick.

This page is from the Recording Industry, regarding copyright law as it applies to recorded music and the internet:

About Piracy - RIAA (https://www.riaa.com/resources-learning/about-piracy/)

For any other copyrighted work, and accessing it, or using devices to circumvent authorized access, see here:
https://www.copyright.gov/legislation/dmca.pdf
An explanation of section 1201 starts at the bottom of page 3.

So - it is illegal. You won't go to jail for accessing copyrighted material using a jailbroken device. But you can be sued for it, and lose the suit, and monetary damages. Will you be sued for it? Probably not, ever. But that doesn't make it legal. Or merely "morally illegal." It's illegal.