Disney Blames Apple For Music Piracy
Vishniac writes "It looks like Disney CEO Michael Eisner is accusing Apple in part for fostering music piracy, particularly with its 'Rip, Mix, Burn' campaign. Testifying before the U.S. Senate Commerce Committee, Eisner said that the ad suggests to people that 'they can create theft if they buy this computer.' Apple? iMac? Impossible."
I wondered when they would get around to going after Apple. *sigh* granted in order to RIP the music you sort of need to have bought the CD, but of course fair use rights can just be damned.
One has to wonder what effect this may have on Disney's relationship with Pixar. After all, Steve Jobs is the CEO of both. I've always hoped that Disney would purchase Pixar. They do great work and would be a valuable addition to Disney. Buy them, and then leave them alone. Don't interfere in that division.
But, with Eisner making these comments could the already difficult relationship between Disney and Pixar become even more strained?
they can create theft if they buy this computer
Theft is an act. It is not something that is created. People can create pirate copies of music with this computer, but they can do that with most modern computers. Why pick on Apple? Why not pick on Redhat for shipping GRip and and MP3 encoder with their distro?
Follow me
People like Macs in part because they can rip, mix, and burn their purchased CD collection, or tote it around on their iPods. They also like Macs because they come with the tools necessary to put your own videos on DVD and send them to your pals. The latter is a power Disney does not want you to have. All video entertainment must come from the corporate empire. None of it must come from regular people.
The arguments the "industry" keeps posing are like blaming the people who make ballpoint pens for ransom notes....
Sinepaw.org: Grape Winos
To the rest of the world, however, they equate "rip" with "rip-off" as in "steal".
This whole problem is a result of bad word choice by the folks that coined the term for digital audio extraction. If they would have called it "extraction" or "transformation", Disney wouldn't be able to criticize Apple this way.
Disney is really a hypocrite, I mean it has been proven that a lot of their movies have been ripped off of others, such as Lion King from Kimba the White Lion and Atlantis from Nadia. Where has Apple gone wrong?
Maybe it is because of the Disney and Pixar issue (where Pixar is bound by Disney and they really want to get out of the contract) and Disney is really aiming at Steve Jobs... Thats probably completely wrong but is a thought.
Doesn't disney Own "Go" A search engine that allows you to fing DeCSS?
= go _home&Keywords=decss
http://srch.overture.com/d/search/p/go/?Partner
Shouldn't they be yelling at themselves for aiding and abetting piracy?
_ _ _ Go for the eyes Boo! GO FOR THE EYES!
Sounds to me like they're promoting doing what teenagers around the world have done for decades: make music mixes.
Only Apple has made it easier to do via CD's. If you own the CD's, how is that piracy? Since if you're RIPping, you have to have the actual CD in the drive, correct? MIXing is rearranging tracks, and BURNing is putting the mix BACK on the CD.
I, for one, am tired of all of the legal bullshit that's being tossed around over the same damned issue time and time again. Do these people have nothing CONSTRUCTIVE to do, for crying out loud?
GIR: I'm going to sing the Doom song now. Doom doom doom doom doom doom de-doom doom doom doom doom doom doom...
I hope some of the Congressmen realize the difference between "Rip, Mix, Burn" and "Download, Burn." When Apple advertises that their computers can do this, they are in no way advocating stealing anything from the music industry (obviously). When you "rip," you take the music off of a CD that you purchased, when you "mix," you remove the crappy songs from the album that were only included so you don't feel ripped off because you bought a CD with only 2 or 3 good songs on it, or you put the best songs from several albums that you purchased onto one CD, effectively discarding the excess crap that the good ol' music industry always surrounds the good stuff with. And I think that even the elected know what "burn" means.
"Rip, Mix, Burn" does not in any way advocate taking things away from the music industry, in fact it advocates getting rid of the things you paid for but deem worthless.
Lack of eloquence does not denote lack of intelligence, though they often coincide.
Ford is accusing Sears of encouraging theft by their promotion of "Crafstman" brand crowbars, thereby distressing Ford's customers. When asked about the actual legitimate uses for crowbars, a Ford spokesman responded: "What's the first thing that comes into your mind when you hear the word 'Crowbar'? I bet it's smashing things. Maybe smashing windshields. We just want to help keep crowbar wielding thugs off of our streets."
Love the new Apple icon for /.
Actually, he blames tech in general, that some tech companies are making money by selling devices that enable piracy of OPIP (other people's Intellectual Property).
Disney likes to have things both ways, go to a store and pick up a Disney branded toy, if the toy plays music, it will play either Disney-owned tunes, or public-domain music. Disney doesn't want their stuff going into public domain because they would have to actually create something new!
Of course, Disney creates new stuff all of the time, often drawing from public domain sources(Grimm's Fairy Tales, Hans Christian Andersen, Arabian Nights). So when Eisner say he wants to hold the rights to Mickey, Donald, Goofy in perpituity, it is with the knowledge that public domain works have fuelled his company's growth for the last decade(Beauty and the Beast, Little Mermaid, Alladin).
My other sig is extremely clever...
This is a pretty shocking accusation. I have to wonder if Eisner shared his planned comments with anyone at Disney or Apple beforehand? That is a pretty striking statement from someone who has in the past supported Apple.
Evenmoreso, Apple pretty frequently says they support people keeping the music that they own on their iPod and in iTunes. There is a little clause with iTunes and iPod telling consumers to be responsible and only store music they own.
Eisner is being a bit extreme. He should learn to pick his battles. Picking a fight with Apple is a bad idea... Especially when you have fish like MusicCity and Gnutella to fry.
Bad business decision. Really bad.
Justen
Ummm, IMHO fair use is still alive. Until further notice, I reserve the right to space-shift any content that I have purchased.
Mikey can perform unnatural acts on a wildebeest for all I care. Come and get me, Disney lawyers!
In other news, astrophysicists have announced that they now know what all that dark matter is: it's stupidity.
Isn't this kinda like blaming ferrari for global warming? I don't quite see how '5%' of the computing population could be responsible for the decline in 'insert favorite medium here'...
As an aside, I think the term 'rip' has been misinterpreted...I remember when iTunes came out and I had to explain to someone that 'rip' was parlance for extracting songs off a CD...not 'ripping off the musicians' by downloading illegally obtained music.
I guess "Extract, Mix, Burn" isn't as catchy...
We apologise for the fault in this post. Those responsible have been sacked. -- Signed RICHARD M. NIXON
How is someone supposed to "Rip" if they don't "Own" first? Someone needs to put these companies in their place and protect us from their unbridled greed. We have fair use rights, if we have paid for the music then we are legally allowed to make copies for our own enjoyment. You cannot "Rip" unless you have already purchased the product. Apples rip, mix, burn ads do not encourage theft, they encourage fair use. It is Disney who is encouraging theft by trying to persuade congress to restrict our freedoms for their unfair desire to charge us all multiple times for the same product. Now THAT would be theft.
The problem comes in step 0 and step 4.
Step 0: Borrow cd from a friend
Step 4: Burn 100 copies and give them to your other friends.
The ad is perfectly legal, but it did have the effect of focusing the music industry's attention on Apple. Hmmmm maybe they'll focus so hard on Apple that they'll forget about my Neo MP3 Player.
I see a new Apple ad campaig in the making:
Jobs to Eisner - "Bite. My. Ass."
Actually, what I'd really like to see is Jobs going full-tilt and taking his case public.
How about a picture of Hollings, Eisner, and Valenti, with scrolling text describing what the SSSCA would do to the computer industry. ("In 2002, Congress held hearings on the SSSCA...") with appropriate soundbites on how "they can create theft if they buy this computer" and other Hollywood claptrap droning on in the background, presented on a giant screen, with throngs of dullards staring blankly at the screen, until someone comes in and throws an iPod through the screen, shattering the telestreen (and the images of the Hollywood Cartel spokesdrones) into billions of fragments.
"Rip. Mix. Burn. The reason why 2004 still won't be like 1984"
Yes, it's completely Apple's fault. Eisner's 100% right.
I didn't WANT to buy a Mac. Apple made me because they convinced me with marketing how great it is!
I didn't WANT to use OS X -- Apple made that the default.
I didn't WANT to download Limewire. My hand was forced.
Downloading them music itself? Well gee, I had Limewire, OSX, and the Mac, so I figured it was alright.
Sheesh! Leave it to Apple to corrupt me. God forbid it's as simple as an individual making his or her own decisions.
Luckily, Disney isn't forcing me to pay for their overpriced, shitty theme park, nor are they making me see their crap films (not including Pixar movies -- simply because those ARE pixar movies, not disney whatsoever).
Anyway, I'm going to write my Congressman and demand Apple be stopped!
The next comment I write will be ready soon, but subscribers can beat the rush and see it early!
All Disney needs to do is to buy out Apple.
Err.. Is it too early in the year to start this rumor? It is March..
Your car is the first step in creating DRUNK DRIVERS!
Your lighter is the first step in creating ARSONISTS!
Your Axe is the first step in creating AXE MURDERERS!
Your Penis is the first step in creating RAPISTS _AND_ PEDOPHILES!
Lather, rinse repeat.
If we eliminated all "first step" items, you should just ask Herr Ashcroft to lock up the whole world, and put us all in straight-jackets.
I prefer to take action that use these TOOLS for bad purposes. (notice I sad bad, not illegal. Sometimes these are defininitely not the same.) Taking away the tools simply because some might abuse them is just plain stupid, unless of course, you prefer a totally "unfree" society.
Cheers!
Eisner said that the ad suggests to people that 'they can create theft if they buy this computer.'
So, the mere hint of an illegal activity will obviously lead to rampant law breaking?
Blaming Apple is really a stretch. I would guess that people with enough money to purchase a Mac are less likely to pirate all their music than users of more affordable hardware.
It looks like corporations that deal with copyrighted material have a new scapgoat for any failure to bring in revenue. Blame Apple. Blame Napster. Blame college kids.
Eisner's bellyaching is yet another example of a trend where large corporations try to portray themselves as victims.
Pathetic.
Why do pleas for sympathy coming from Michael Eisner ring hallow?
No artist tolerates reality. -- Nietzsche
There's an ad for AT&T broadband that runs on my local TV in which a guy says "I want to download the top 40... while it's still the top 40!"
I've always taken that to be telling me that I should buy a cable modem to pirate music faster.
Besides, the only reason Eiser is going after Apple is because he's pissed at Jobs.
Why? Because:
- Pixar is a better animation studio than Disney is,
- Eisner knows it,
- and the Disney/Pixar contract has only three films to go...all currently in production.
Poor Little Farquad (or as my daughter [properly] pronounces it "fuckwad") is just mad about those sour grapes.You're still missing the point.
Who are you to say that it's "more directly related to music piracy"? Doing so, in legal terms, will create a dangerous precedent. Outlawing something simply because it might lead to piracy is the same thing as outlawing cars (or alcohol - take your pick) because they might lead to drunk drivers.
The fact of the matter is, the act of ripping is perfectly legal and is protected under the Fair Use provisions of copyright law. Your reference to meth labs is irrelevant because meth is a controlled substance, right or wrong. Digital music, unlike meth, is legal. That's what you're failing to see. MP3's are legal. Meth is not. Your analogy fails.
What we need to understand is that we cannot outlaw everything that makes crimes easier. Murder is a crime. Should knives be outlawed? Grand Theft Auto is a crime. Should crowbars be outlawed? Rape is a crime. Should Astroglide be outlawed? Of course not, because all of them have legitimate uses - kinda like ripped MP3's.
Every once in a while I like to masturbate a new word into my vocabulary, even if I don't know what it means.
Granting the ABILITY to do something is almost never a problem. Doing it might be another matter. The general rule of law in this country is "innocent until proven guilty."
Sadly, it seems that companies nowadays are taking the viewpoint that their customers are guilty criminals unless proven innocent. And they're buying laws (DCMA, SSSCA, etc) to make this viewpoint a legal default. As far as I'm concerned, though, if they have to assume that all of their customers are criminals, then they should seriously reconsider how they are doing business. If 60 million people are downloading music from Napster and I were a record exec, I'd think "Gee, there's a big demand for online music. Maybe there's some way for me to profit off of this by providing a for-pay service that customers would want to use. Something that would make piracy a less-attractive option."
Actually, I apologize for the paradox up above.... If I were a record exec, I wouldn't be able to think and everytime I heard "Internet" by few remaining brain cells would replace it with "dirty, low-down, cyber pirates."
My sci-fi novel, Ghost Thief, is now available from Amazon.com.
Hmm. His hyperbole is much more accurate than yours. The term 'meth lab' suggests only one purpose, and that purpose is invariably illegal. While a CD burner certainly has many legitimate uses. Not to mention, that meth labs themselves are illegal, which is not the case with CD burners (yet).
But your arrogant stupidity astounds me. You forfeit basic "rights" every day without thinking, and it's for the greater good that way. Who's the government to tell you not to steal? You accept the law because it protects you as much as it limits you.
I'm not sure I understand what you are talking about here. There are no laws against ripping a CD , and the person you replied to did not even remotely attempt to justify defying government rule. You're seeing a pro-anarchy rant when there really is none.
You are NOT being sold a license when you buy a CD. You are being sold a CD. And the material on it is covered by copyright law. Period.
Not counting Toy Story 2, they've released:
Now, I'm no math major, but doesn't five minus three equal two films left on that contract?
Eisner's just being a moron anyway. I'd be suprised if anyone takes him seriously.
Yeah, the CEO of Disney is just some guy nobody really takes seriously.
He doesn't have any influence over bussiness or government at all, unlike, say, slashdot user #559709.
__
Choose mnemonic identifiers. If you can't remember what mnemonic means, you've got a problem. - Larry Wall
I hope some of the Congressmen realize the difference between "Rip, Mix, Burn" and "Download, Burn."
There seems to be three opinions:
Apple - "Rip, Mix, Burn"
Eisner - "Download, Burn, Steal"
Slashdot - "Burn, Hollywod, Burn"
There are 10 types of people in this world, those who can count in binary and those who can't.
- I can take my gun to the shooting range and practice. That makes me a hobbyist.
- I can take my gun into the parking lot and shoot someone. That makes me a criminal.
- I can go into the Apple Store and buy a Mac (yeah, a nice Dual G4 1GHz... *wipes drool* sorry where was I). That makes me a consumer.
- I can take my Mac home and pop in a CD to listen to, as well as rip that CD to MP3s and even take my favorate songs from that CD and others for use in my car. That makes me a hobbyist.
- I can also burn that mix 1,000 times and sell it unlicensed on the black market while paying no royalties to the record label or artist. That makes me a criminal.
The logic behind most corporations management of IP assets gives me a siezure if I think about it too hard. If seems that most common sense has gone out the window when it comes to tech. issues. The problem is that money is as addictive as cigarettes and those who are addicted are already swiming in it. Therefore they have the resources to buy off elected officials and get restricted laws passed. And let's not pretend for one second i'm being "unconstitutional" or "anti-american" by suggesting our politicians take kickbacks, either.
The real unconstitutionality here is that those corporations that already make enough to feed all the hungry nations of the world and don't, (yes that's you Disney, you sweatshop fucks) simply try to bleed us dry as well, as if the ultimate goal for them is to have ALL the money in the entire world. Fellas, that's not how the game is played, get your head out of your ass before you ruin every aspect of our lives.
If you made quality products, piracy or not quantity wouldn't be a problem. Stop screaming bloody murder for the protection of IP that isn't even worth protecting.
CAn'T CompreHend SARcaSm?
I can create theft with a crowbar and some duct tape, whether or not the hardware store advertised this fact. Besides, 'Rip, Burn, and Mix' is perfectly legal. I have a tendency to be rough on CDs. Nor do I like all the songs on any given one. Its very nice to be able to create a mix copy of my favorites. Best of all, thats perfectly legal. I can do anything I want with a legally-purchased CD. I can use it for a coaster, I can use it as a frisbee, and I can use it damn near any way I choose, as long as it doesn't make me money. Its not like apple says 'Rip, Burn, and Mix (illegal music)' or anything. Sheesh, gimme a break.
What could possibly hurt the security of the American people more than giving our own government the ability to hide its
disney is the outfit that dreamt up classics like cinderella 2 and peter pan 2 (wtf?). surely these people don't publish any music that i might ever want to listen to or inspires others to go on a pirating rampage?
Don't get me wrong!
I agree with your post, however I keep seeing this "It's just a tool" argument on /. accepted without any contest.
Just because something is a tool with potential for good and/or evil does not mean that not allowing people to own them is necessarily a bad idea (or somehow makes society "unfree"). I certainly don't want my neighbors to be able to own explosives, and I am willing to part with most of my rights to similar "tools" that endanger my neighbors if in return they agree to do so as well. While an iMac falls well short of getting dismissed on these grounds (nor should they be so much as altered due to Disney's arguments IMO) it does not mean that simply because it is a tool it cannot produce a good outcome if it where illegal to own.