Tag Archives: mpaa

Viral Pro-Hollywood Oscars Tribute Video Shut Down by Disney Because Stupid Pill Overdose

DisneyDooDooSend out for a documentary crew, because you just can’t make up this shit. Nelson Carvajal, a Chicago editor/blogger/filmmaker decided to spend some time a couple of months ago, creating a montage that honored the Best Picture winners before this year’s Oscars telecast. It not only went viral, but gained some good press for a job well done.

Leave it to Disney to step in and ruin it all. Claiming a copyright infringement, the studio that gave the world this has now forced Carvajal’s video off Vimeo. His was a video that praised Hollywood, followed fair use rules, and one that could spark  interest in viewers  to…oh, I dunno, perhaps seek out those movies. Heaven  forbid, that could even lead to DVD sales. Isn’t this the studios’ point of forcing the removal of videos in the first place?

 

 

Mitt Romney Quickly Dumps Stock of Chinese Online Company Accused of Piracy

From BuzzFeed comes the news that, until recently, Mitt Romney should have been talking like a pirate on Sept. 19:

Mitt Romney’s recently released tax returns show the governor recently sold off investments in the Chinese online-video company Youku, a Chinese version of YouTube. The site was launched in 2006 and quickly became a haven for downloading illegal American content. The site has been trying to repair its image as a piracy portal since lawsuits have caused them to remove unauthorized content”

Oops!  Looks like it’s another Mittstake. He’s going to need a ledger to keep track of them all. Anyone out there in his 1% donor clan with Excel experience?

Do you think he sneaked out of Kim Dotcom’s mansion just before the MPAA Chris Dodd authorities invaded?

As expected, he then accused the Obama Administration of catering to Chinese pirates:

“Did you know they even have an Apple store?” Romney said at a rally. “It’s a fake Apple store; they sell counterfeit Apple products. This is wrong. We’re gonna crack down on China when they manipulate their currency, when they steal our goods, when they don’t protect our intellectual property. We’re gonna make sure that China understands we mean business.”

I’m guessing he means their business.

Lew

Copyright Chaos: Pirate Bay Co-Founder Arrested as Troma Entertainment Releases a Library of Films for Free

If you want proof of the current fucked up state of copyright enforcement, you needn’t look further than a couple of headlines from the past week.

Pirate Bay co-founder, Gottfrid Svartholm Warg, was arrested in Cambodia with the reporting from Murdoch-owned assrag The Wall Street Journal using words like “mastermind” and “notorious” to send the boogeyman shivers down your spine. The actual crime that Warg committed, of course, is helping develop a platform on which individuals can share files and get the word out about movies and music that you may never otherwise hear about.  That’s why super rich ABBA founder Bjorn Ulvaeus can be pissed off about sharing files while struggling indie musicians depend on it for exposure.  And since the CEO of Universal Music just admitted that he doesn’t create art, that puts Bjorn, creator of soulless music in the company of a soulless music exec. Won’t help you much in the court of public opinion, guys.

Meanwhile, Troma, a film company in existence for over 3 decades, announced it has released 150 films on YouTube for free, including their signature flick The Toxic Avenger. Can you imagine a major Hollywood studio announcing they would release hundreds of classic movies online for free?

Or can you imagine them forcing Congress to pass a law allowing movie copyrights to be held for “death+70 years” and chase after people who could actually help those movies gain new audiences?

 

Anti-Piracy Advocate Compares Piracy to Homophobia

And I’ll bet he’s a PIRATE, too!

Timothy Geigner at TechDirt spotted a guest post by filmmaker David Newhoff on the blog The Copyright Alliance that displays before your very eyes the disconnect between file sharing advocates and opponents.

Amazingly, Newhoff treads into the waters of a civil rights issue (gay marriage) and somehow wants to make comparisons with piracy, an issue of economics and artistic expression.

The craftiest of gay-marriage opponents will argue that legalizing these unions infringes on their rights to be Christian in America, which is tantamount to undermining religious freedom. Yes, anyone with two working brain cells can recognize that this isn’t sound reasoning so much as thinly veiled bigotry. Same-sex marriage can only be a threat to religious freedom if we agree that the zealot’s belief that homosexuality is a sin should implicitly influence our legal definition of marriage. There is no way to cut through this logical Gordian Knot without concluding that all marriage would have to be religious (and ultimately Christian) in order to be legal in the U.S. And that would violate the definition I believe most of us apply to religious freedom.

Similarly, the copyright-threatens-speech proposal uses the illusion of reverse discrimination to suggest that when the producer exercises his copyright, this somehow infringes on the consumer’s desire to reuse or “share” the work as he sees fit, which amounts to a “chilling effect” on speech. Like the same-sex marriage thing, this argument glosses over personal bias to foster a logical leap to a shaky conclusion. Copyright only threatens speech if we agree that the consumer’s right to reuse is more important than the producer’s right to treat his work as property.

Geigner adeptly skewers Newhoff’s perceptions of what the pursuit of happiness in The Declaration of Independence means for copyright holders.

However, as someone openly gay and in favor of file sharing I find Newhoff’s comparisons deeply offensive. The anti-piracy forces of the RIAA, MPAA and others have consistently lied about how much money they lose due to piracy. This perceived loss is due to business decisions the recording and movie industries should have made a long time ago when it became clear that an entire generation of entertainment fans would be downloading files, instead of buying CDs and DVDs, as the main mode of acquiring new music and movies. Studies have shown, however, that those industries are still making profits and, indeed, benefit from piracy. If the mega industries are making profits but cutting productions (where I assume, Mr. Newhoff, you’ll be making most of your money), that’s a business/labor issue, not a rights issue.

Newhoff will have to explain to me how his freedom of speech and pursuit of happiness arguments allowing him to make money from his film productions bear any relevance to being allowed to simply live freely. After the hate talk of Jeff Sangl’s church, Ron Baity and Charles Worley, who’s ready to pull the switch on gays and lesbians, Newhoff’s claims look particularly lame.

Do you seriously think that if I click “share file” that I’m exactly the same as those who would send gays to the Nazi gas chambers, force gay men to be chemically castrated or simply pummel gays to death?

I don’t know where your personal history has taken you, David Newhoff. But mine includes chapters such as death threats made before the very first march for gay rights in Rochester, NY back in 1987. As part of a group helping organize that march, I had to deal with rocks, eggs and other debris thrown at us. People shouted out names. A pick-up truck containing guys wielding baseball bats parked across the street from our starting point. One of those guys wore a shirt with the phrase “I Hate Fags” printed on it. The coup de grace of disgrace was a man who brought his two knee-high children over to scream “Biblical” accusations at us. The children were wide-eyed and terrified. I’ll never forget that traumatic incident of child abuse.

File sharing has no comparison whatsoever to any of this. To even suggest that it does is insulting to anyone who genuinely cares about human freedom.

Lew Ojeda

Do Hollywood Studios Realize They Have a Working Relationship with Torrent Sites?

TorrentFreak reports today of the daily takedown efforts of sites like isoHunt, KickAss Torrents and Extratorrent.

Despite painting these sites as lawless bastards bent on destroying the entertainment industry, these sites and others apparently follow through on DMCA takedown requests, sometimes numbering thousands monthly. That is, of course, if the studios bother to even make the requests in the first place.

BitSnoop complied with over 360,000 takedown requests since December.  ExtraTorrent drops about 3000 links monthly. KickAss almost tripled the number of takedowns since January. And isoHunt, many times, surprises those requesting takedowns with responses within 5 business days.

But studios want these companies wiped out? Really? Seems like they’re doing the work Hollywood wants done without breaking into homes and seizing legal files. Silly execs.

 

Hollywood Studios Too Dumb to Use the DMCA Enforcement They Sought in Congress

Almost twelve years after the Digital Millennium Copyright Act  (DMCA) was passed into law and signed by President Clinton on October 28, 1998, Hollywood studios are running around with their hair on fire yelling for stupid legislation like SOPA, PIPA, ACTA, CISPA and the like. Trouble is, in many cases they’ve apparently not been properly using the enforcement provisions of the law they fought for and were given.

What’s more, some eagle-eyed researching by people like Julian Sanchez uncovers that some of the studios only got “serious” about enforcing the law around the time that SOPA was being pushed in Congress. Why? Quite possibly, it was a ploy to make it seem like copyright infringement was so rampant that SOPA/PIPA were necessities.

But for the Hollywood studios trying to perpetuate a lie, a tool like Google’s Transparency Report can be their worst enemy. Research on file takedowns found that the requests from studios spiked during the times the MPAA really pushed for the SOPA/PIPA  legislation.  Lionsgate, which existed for as long as DMCA has, didn’t even get around to its first takedown request until  November 15, 2011, during the very week SOPA was being deliberated in Congress. Twentieth Century Fox didn’t use the Google takedown request system until January 30 of this year. And before the debate on SOPA, Paramount pictures requested a takedown via Google exactly once. In response, Sanchez tweeted this great line:

How about before you break the Internet, you try USING THE F***ING TOOLS YOU ALREADY HAVE.

I would agree, however, someone may have to teach them how. You see, Enigmax at Torrentfreak found that the studios have been undermining their own marketing departments by stupidly demanding unnecessary takedowns of their own promos from approved sites like IMDB, Apple, Hulu and Crackle. Among the movies hit: Wrath of the Titans and Happy Feet 2, both of which could have used the extra publicity.

The studios better get around to properly using the DCMA before they screw up totally and get sued by film producers for negligence. Seriously.

Bogus Copyright Infringement Claims are Becoming a New Form of Online Harrassment

A few years ago a YouTube video was posted in which vloggers went on the air with claims of false copyright infringement. Back in those days (and true today as well) false claims of infringement were made many times by scammers trying to steal the ad revenue from popular videos uploaded on YouTube.

Now with big media corporations collectively pooping major bricks over piracy, some of them are making claims that are not only false, but in some cases downright weird. The following three I’ve read about in just this past week:

The Rick Astley “Never Gonna Give You Up” video was removed temporarily due to what was reported as a “glitch” in the Copyright ID system on YouTube. AVG Technologies, an anti-virus software company, was the “claimant” of the copyright infringement notice, although they had no legal rights to the video. It was later reposted, but apparently this has happened before with the “Hitler Reacts” videos clipped from the great film Downfall. The problem is that with the current Digital Millennium Copyright Act, a shotgun-type approach is all too common–remove the video now, worry about free speech or the legitimacy of the claim after people contact YouTube and complain.

I wonder if that’s now going to happen with Jay Leno. According to Brian Kamerer, Leno enjoyed a music video he and his friends made to boost the actual mayoral campaign of Travis Irvine in Bexley, Ohio.  The Tonight Show stealer  host played it on TV, Brian was happy. All was right with their world, until Brian tried to access the video–his own video that he produced–on YouTube and was blocked with a copyright infringement notice from NBC. If there’s one rule in comedy, it’s never make a funny man angry. This response letter to Jay Leno proves that.

And finally, the doozy, courtesy of TechDirt, where three networks and quite possibly a fourth are ready to do legal battle with DISH Network over a new “Auto Hop” feature, allowing consumers to automatically skip over commercials to view the main program. This hardly-new technology (I remember owning VCRs that had 30-second auto skips) had ABC clutching its heart like Fred Sanford getting ready to “join Elizabeth.” Unbelievably, the networks are arguing that removing the ads with Auto Hop infringes on their copyrights. Say what?!

But leave it to Investor Place to tell us how important companies like Disney are to our well-being over this matter:

 …making programmers like Disney cranky — or a host of other networks like NBC, which also weighed in against Auto Hop recently — may not be beneficial in the long run. Quality programming doesn’t come cheap and everyone is struggling to figure out how to generate money in this new media world to support quality programming.

Yes! God forbid, we should hamper the next great program offering like, oh let’s say, a show about a dog that runs its own blog.

I urge you to read Mike Masnick’s coverage of the crazy lawsuit against DISH. It should convince you, once and for all, the big media corps will stop at nothing to grab every penny it can. Once you read it, you should never comment about anyone else tying up the courts with frivolous lawsuits.

I’m convinced that false copyright infringement claims are going to be the new big media corporate scam when it’s clear that many people like their internet too much for privacy-infringing legislation. What’ll make it harder for those to counter is that getting your YouTube vids reinstated is a pain in the ass and can get you further in the mud if you don’t know what you’re doing when you are fighting back.

MPAA’s Chris Dodd to Personally Lobby His Buddies for Anti-Piracy Bills in Congress Beginning 1/2013

Chris Dodd imagining a beautiful world where he runs the Internet

Kevin Collier at The Daily Dot picks up on something Chris Dodd said a few days ago in discussing SOPA and other related anti-piracy legislation:

“I can’t say anything to them (Congress) about this for another seven months, but I think my colleagues understand how important this is,” he said in an interview with Variety.

Dodd has to wait because of legislation passed requiring him, as a former Senator, to wait until a full two years after leaving office to lobby anyone in Congress.

Does the phrase “my colleagues” refer to others in the MPAA or to his former co-horts on Capitol Hill? I wonder.

Now that the internet has the early word that he’s going to pull this stunt and try more anti-piracy legislation–albeit a “gentler” sounding variety–I’m sure he’ll be countered. Keep people informed and join organizations like Fight for the Future to help stop future attacks.

MPAA Undercuts Its Own Message: Piracy is Not Theft

Uh oh, Chris Dodd just clued us in on what the new strategy is for fighting piracy: don’t say it’s thievery.

He knows that the campaigns of passing laws like SOPA, PIPA, ACTA and CISPA have all gone over like lead balloons. Perhaps he doesn’t want to believe that file sharing doesn’t hurt the studios’ bottom lines, but the numbers don’t lie.

So what to do? Rebrand. But how do you do that when you’ve been pushing the copier-as-thief meme for over two decades? It’s going to be tough to counter your sworn arch-enemies by saying they are perhaps just a little bit right, no matter what sort of covert PR campaign you’re planning next. Somehow, I don’t think that approach is going to help avoid an eventual lawsuit and further embarrassment if Kim Dotcom doesn’t go to trial.

Honestly, I think Chris Dodd’s days as head of the MPAA are numbered.

MPAA Responds to Criticism by Putting Its Other Foot in Its Mouth

Does the MPAA understand how big a hole they’re digging for themselves when they don’t or can’t respond to criticism with any understanding of how they are hurting the film industry?

Torrent Freak wrote about the MPAA’s response to a previous criticism touting they did not even know Hollywood history.  In short, Thomas Edison formed the Motion Picture Patents Company to protect his copyrights. William Fox and other film company founders headed out west to a place called Hollywood to avoid the group and pirated movies at a profit.

Copyhype somewhat “countered” this charge with the statement that seems to suggest that the thought of heading out west to pirate films was a “little bit of historical revisionism.”

But consider this paragraph that Copyhype said was the real issue with MPCC:

The independents weren’t infringing on any patents themselves, they were violating the license and tie-in agreements that came with the MPPC’s equipment. The MPPC did enjoy some early success with its litigation efforts,  convincing several courts that illegal restraint of trade was not a defense to patent infringement.4

But the MPPC didn’t rely solely on the law — Edison enforced the Trust’s domination with violence. Hired thugs would smash cameras and raid the independents’ places of business.5 Historian Thaddeus Rockwell notes the extent of the violence perpetuated by the Trust: “They seized film, beat up directors and actors, forced audiences out of theaters, smashed the nickelodeon arcades and set fire to entire city blocks where they were concentrated.”  (bold emphasis mine)

Ah, so it wasn’t films that were pirated but equipment. That certainly makes a difference in the scheme of things doesn’t it? Honestly, do you think that the potential of thugs coming to beat up filmmakers and actors because of pirated equipment wasn’t used as a deterrent to independent filmmaking?

California courts eventually ruled that the Patents Company’s licensing practices presented “a potential power of evil” over indie movie producers and ruled against them.

Isn’t this turning out to become the pattern with Kim Dotcom? Seize his property and assets only to find a court rules against the FBI and he may not even go to trial now?

Dodd and company can’t see the irony right before their eyes.