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File Swapping and the Analog Hole

forehead writes "Lawmeme is running an interesting piece on piracy in the digital age. It covers a number of the logical fallacies often cited by the major media companies and certain lawmakers."

103 of 248 comments (clear)

  1. what the hell is the loss? by Anonymous Coward · · Score: 3, Insightful

    how can you claim a "loss" for pirated materials if the parties in question would nevcer have paid the retail cost for the materials?

    This consistently boggles my mind, all these companies saying "piracy costs us $500 mil a year". Listen, some third world family that makes $100 a month isn't going to pay $700 for office, alright?!?

    -rt

    1. Re:what the hell is the loss? by Burgundy+Advocate · · Score: 2, Informative

      This consistently boggles my mind, all these companies saying "piracy costs us $500 mil a year". Listen, some third world family that makes $100 a month isn't going to pay $700 for office, alright?!?

      Oh, and I'm sure that it's the third world families that make $100/month that are pirating music.

      On their C-64 from 1986.

      Much like our good friend, JUNIS FROM AFGHANISTAN.

      Sorry, but most of the piracy is middle to upper-class teenagers and students... people who could pay for the music, but choose to pirate it.

      I have very little sympathy.

      --
      Dragging people kicking and screaming into reality since 1996.
    2. Re:what the hell is the loss? by Anonymous Coward · · Score: 2, Insightful
      The people that I know as teenagers or students that copied music as MP3s, or cassettes prior to that time, generally ended up being people that bought a wide range of varied music new in the end, as their copied tapes wore out, or they lost the MP3 collection, or simply because it is nice to own the original CD.

      Without access to the copied music, they wouldn't have been exposed to a wide range of music, and thus they might only feel compelled to by a fraction of the music.

      Remember, the numbers point to file sharing actually increasing CD sales, as people use it as a test bed for music leading to informed CD buying without hassle (finding sales assistant, asking to listen to a certain CD, etc), and thus buying more as a result.

    3. Re:what the hell is the loss? by aka-ed · · Score: 2, Insightful
      Dude. You got it wrong.

      Junis has an Amiga, quite a video-ready machine. Though he may have some problem with the popular pirate codecs, Junis could well be in the streets of Afghanistan, selling boots of AotC.

      We will know as soon as Junis is ready for the Q&A Katz promised the NY Times would occur once things calm down in Afghanistan.

      Though I'm not sure why things have to be calm for Junis to engage in further email. This does puzzle me. As time goes on, my faith in Junis does occasionally falter.

      May Katz forgive me.

      --
      I survived the Dick Cheney Presidency 7 to 9 AM 7-21-07
    4. Re:what the hell is the loss? by neuroticia · · Score: 5, Insightful

      Arguments for piracy are foolish and merely forward the agenda of those who are seeking to cripple us in ways that are far more important. Forget about your "so called right" to steal or borrow or copy music or programs in any form. It's irrelevant. It's already been determined that what you are doing is illegal. Get over it.

      The important thing, and the thing that is in danger is our right to fair use, and our right to innovate and push the technology we have at our fingertips. The right to use CDs to back up our files, and the right to duplicate files that rightfully belong to us. The right to have POWERFUL hardware and software that is fully functional without limitations. And the right to determine how/for what purpose this hardware is used for.

      Stop saying "I defend my right to shoot my neighbor because if I didn't have a gun I'd stab him" and start saying "I defend my right to bear firearms." You do not need to push home the point that technology is being used in illegal ways. You need to push home that certain bits of proposed legislation is going to HARM THE RIGHTS THAT WE HAVE.

      Stop letting the REAL issues get so clouded by this tirade about capitalist pigs. We aren't going to change the world for the better this way, but maybe we can at least focus our arguments and keep the rights we have.

      -Sara

    5. Re:what the hell is the loss? by Nightlight3 · · Score: 3

      The piracy is a merely another decoy, the same as child pornography, indecency, violence, recipes for explosives, spying, selling drugs, doubting certain parts of the official history,... etc. The underlying objective behind all those moves is to regain the control over the information that the 'masses' may receive. They had it tied up so nicely with TV, movie and major print media all in the few hands. Then internet came and ruined it all. They've been itching to clamp it down by any excuse they can sell. Each pretext du jour they're pushing slices the opposition differently. Eventually, these fragments of the opposition will become so small and misaligned in their particular purposes, that they can be brought again under control.

    6. Re:what the hell is the loss? by MoneyT · · Score: 3, Insightful

      Regarding religions: Religions really only work at the local and individual basis. Any time religion starts to become a massive movement centered arround a single living leader, problems arise. Not nessesarily war, but usualy it does end in blood shed of some type (i.e. crusades, Hitler, Bin Laden, centuries of holy wars). More people have died in the name of God than for any other cause. There's something about this that doesn't fit right with me.

      --
      T Money
      World Domination with a plastic spoon since 1984
    7. Re:what the hell is the loss? by MoneyT · · Score: 3, Insightful

      The other thing that often get's overlooked is that most people given the opportunity, will follow the law if it is easy to do so. Case in point, jay walking. Technicaly it is against the law, yet I'll bet all of us have done it. Yet when we come to a street corner, we don't go out of our way to walk across outside of the cross walk and against the light because following the law is more convenient in this instance.

      So the same would apply to file-sharing and music theft. People would be less inclined to steal music if purchasing the real music was more convenient and more desireable. If I could buy a CD knowing exactly what was on the CD, and at a price which the CD was worth (not $16+ for a 9 song manufactured pop CD) I would be far more inclined to purchase the CD than to download the songs. Partly because it is more convienient to get a guarenteed quality original recording.

      But when one CD costs me 3 hours of work (at minimum wage, for us "middle class teens") it's easier to spend an hour looking for a good quality rip. Every law is followed simply because it is convenient and desireable as compared to the alternative. The same applies to music sharing and boot legging.

      --
      T Money
      World Domination with a plastic spoon since 1984
    8. Re:what the hell is the loss? by sconeu · · Score: 2

      So the MPAA is claiming $3Billion. Have they put those numbers on their SEC filings? If they haven't, they are either lying to Congress, or Enronning (is that a word?) their shareholders.

      Gee, which do you think it is?

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    9. Re:what the hell is the loss? by neuroticia · · Score: 2, Interesting

      I completely agree on the convenience issue. I'm a lurker down at the used CD stores on St Marks, becuase I refuse to pay the $20 that seems to have become the average price of CDs in NY stores.

      The problem is that the companies realize this, and instead of trying to bring down the prices to increase the convenience issue they're attacking the "convenience" part and trying to decrease the convenience of downloading music. They're also allowing it to carry over to other areas such as CD burning, broadband, etc.

      It's like the whole damned prostitution thing. Instead of making it easier [like Nevada--regulating the prostitution] they crack down on it and push it further underground to make it even less convenient.

      The more we bring it to their notice the further they'll push us.

      In my opinion, we should band together and remain silent about the aspects of filesharing already deemed illegal, and instead raise hell in a UNIFIED VOICE about the aspects of our lives that are in danger of being crippled. Stop the cry to arms about "I can steal music if I want to." Instead yell out at the top of your lungs that you've genuine concerns about the rights which our government is preparing to deny us.

      "Dear Senator:", we should write. "I do not support any legislation which will take away our right to innovate and advance the human race. I do not believe that this is in the best interest of any of us, nor do I believe that it furthers the interests of the copyright holders."

      Doesn't that speak a lot louder than immature whinings about how we won't buy the darned CD in the first place?

      -Sara

    10. Re:what the hell is the loss? by MoneyT · · Score: 2

      Political correctness can bite me. All I was trying to draw attention to is the fact that any claim that somehow religious groups are naturaly less evil than any other faction is false. A religious institution is a item of human design, flawed by the same flaws that affect the rest of society.

      --
      T Money
      World Domination with a plastic spoon since 1984
  2. mpaa.com vs mpaa.org by dattaway · · Score: 3, Insightful

    mpaa.com that is link to in the header seems to be a legitimate business, but mpaa.org is the cartel we seem to be concerned with.

    So much for the internic's rule of .com and .org domain rules where .org's are supposed to be "non-profit!"

  3. Re:Analog Hole? by Anonymous Coward · · Score: 2, Funny

    I would like to thank Mr. Valenti for giving ammuntion and arms to the trolls for his "analog hole" remark. Only a true trolling genius could think up such a brilliant concept.

    Mr. Valenti, your remarks will be added to the Troll Hall of Fame along with *BSD is Dying, Right Wing Maniac, and the page widening posts.

  4. Anybody else notice.... by Fenris2001 · · Score: 3, Informative
    --
    ---------------
    Vpered na Mars!
    1. Re:Anybody else notice.... by 56ker · · Score: 2

      I did but you beat me to it - it should've read major media companies

    2. Re:Anybody else notice.... by ImaLamer · · Score: 2

      Yes, someone who posted right before you....

  5. Quality of analog bootlegs by flewp · · Score: 2

    I for one, won't bother watching an analog (tape) copy of a film that's in the theaters, mostly because of the quality. I want to see it in it's full glory. However, thanks to DVD ripping, file sharing, and a cable modem, I sometimes will download a movie and watch it on my PC, as I can get a decent picture and sound. I rarely do this though, as I mentioned before that I like movies in their full glory, and sitting a few feet from my 17 inch monitor and my okay sounding speakers doesn't really cut it.
    Then again though, I'll gladly watch a movie on my TV where I can lay on the couch or bed (that's what I'm talking about full glory) with just the TV's internal speakers.

    --
    WWJD.... for a Klondike bar?
  6. The real "digital" threat by 00_NOP · · Score: 3, Interesting

    The article says:

    One of the most prominent and recurrent arguments of the copyright interests is that "digital piracy" is far worse than "analog piracy" and thus justifies the imposition of draconian paracopyright laws, such as the DMCA and CBDTPA. I refer to this argument as the "analog fallacy." The fallacy is that analog piracy is not nearly as threatening as digital piracy because analog copies degrade with every generation while digital copies remain pristine no matter how many copies are made. While true in a strict sense, the fallacy is that most of the assumptions necessary for this argument to be true are not realistic.

    But surely the real 'threat' of digital media is actually the close-to-zero marginal cost of copying the original.

    With a VCR each copy is a real, physical, medium. With digital everything is, well, virtual.

    There are different responses to this - in software, free software is a response. Free software advocates accept that digital 'objects' can and will be copied, so build that in.

    I'm not convinced that model works for music and movies though.

    Free software is built on a pre-existing cultural norm - ie hacking - that doesn't exist for these other media.

    Furthermore, no government contracts (the States), or direct support (elsewhere) is available to create the movie-making equivalent of MIT's AI lab.

    1. Re:The real "digital" threat by cadallin451 · · Score: 4, Insightful
      "Free software is built on a pre-existing cultural norm - ie hacking - that doesn't exist for these other media."

      I would argue with this point. In what way do hackers differ from other people who make art on an amateur level? There are people who write, produce music, and produce visual arts non-commercially, and some of this material is damn good, such as Penny Arcade, PvP, or Megatokyo. This is true for all media forms and goes back to a central flaw in the media industry's argument.

      They would like us to believe that without commercial distribution i.e them, media would not exist, but this is simply false. Money is not the sole reason people create art, they do so because they enjoy it. They whole idea copyright and IP in US is based around the idea that "Hmm, It would be nice if people who create art could charge for it, allowing them to more easily support themselves and create more." This initial idea was valid and good, but it has now been carried over to the extreme. The media industry now is essentially rabidly trying to destroy non-commercial media, as a threat to their profits.

      The attitudes the RIAA shows towards independent labels and bands are really the opinions the media industry has about all amateurs, if we start amusing ourselves, we won't need them. This is why content creating is in danger from SSCA/CBDTPA. They want us to be locked into them with no other choice.

    2. Re:The real "digital" threat by Dr.+Awktagon · · Score: 4, Insightful

      But surely the real 'threat' of digital media is actually the close-to-zero marginal cost of copying the original.

      With a VCR each copy is a real, physical, medium. With digital everything is, well, virtual.

      Yeah, but if you have an analog copy, you make it into a digital copy, and the game's over. And there's always someone who will be able to get a higher-quality "rip" then you did, somewhere, someplace. That's why this is all such a futile waste of effort on their part.

      Unless the {RI,MP}AA manages to outlaw ALL computers and recording devices and criminalize ALL recording not performed by them, an analog->digital rip will always be possible and the content will be available. The world is digital and we can't turn back the wheels of Progress. (In fact we should Promote it!)

      I'm not convinced that model works for music and movies though.

      The basic model they have now seems to be working just fine.. how much did Spiderman make?? All they need to do is lower their expectations of gross margins to the levels of most every other established industry.

    3. Re:The real "digital" threat by SocialWorm · · Score: 2, Interesting

      Free software is built on a pre-existing cultural norm - ie hacking - that doesn't exist for these other media.



      Maybe it should.

      What is hacking? Eric S Raymond has an interesting definition, but I don't think that's what you mean. I think you're talking about the "sharing code" aspect of free and open-source software; this is the sense in which RMS was referred to as "The Last Hacker"

      Slashdot has had other stories of people sharing things other than software -- stories, music, etc (note that I am not speaking of Napsteresque file swapping, but of artists who choose to make their work available). Perhaps I am an optimist, since I know of no scientific evidence of this, but I believe that sharing and helping one another are things that people do naturally. Isn't that what society is about? Isn't society all about individuals and small groups mingling together to improve the quality of life for those people? There are different lines of thought regarding internal structure and philosophy which are beyond this discussion, but I have difficulty imagining anyone other than a hard-core collectivist disagreeing with me.

      I've had arguments with aquaintances about this. They say (I kid you not) that a libertarian philosophy will never work because almost all people are evil and greedy, that the government must step in and do something (it's interesting that they disagree about what exactly the goverment must do - a liberal, by which I mean a specific liberal and not liberals in general, says that we must redistribute the wealth in the US, and a conservative says that we need a strong military to defend the country, but I disgress). That's not the world I live in. The existance of NGOs and non-profit organizations proves that people will rally behind the causes they believe in, be it making free software, helping people, or stopping torture. It's not a world in which private colleges and universities thrive on grants and donations well out of proportion to their government-funded counterparts. In the real world, people actually do show compassion; while there are certainly heartless people in the world, there are not as many as those projecting friends of mine would have you believe.

      What's this got to do with the current topic? If people are willing to share physical property, intellectual property should be even less of a leap. It is therefore a shame that the greedy few, the MPAA, the RIAA, the BSA, and their kin, are placed as an example of what is considered normal. Although it has been bought by an RIAA member, plenty of artists still have their music on MP3.com gratis. A precious few even have music which is libre.

      Sharing is everywhere. You just have to know where to look.
      --
      My Blog: http://nic.dreamhost.com/
    4. Re:The real "digital" threat by ninewands · · Score: 5, Insightful

      Quoth the poster ---

      <QUOTE>
      The media industry now is essentially rabidly trying to destroy non-commercial media, as a threat to their profits.

      The attitudes the RIAA shows towards independent labels and bands are really the opinions the media industry has about all amateurs, if we start amusing ourselves, we won't need them. This is why content creating is in danger from SSCA/CBDTPA. They want us to be locked into them with no other choice.

      </QUOTE>

      After all the ranting I have seen on /., somebody has FINALLY stated that which SHOULD have been obvious. The whole SSSCA/CBDTPA uproar in Washington has LITTLE, if anything, to do about you and me downloading "mp3z" or "|\/|0\/i3z" over the internet. It's all about the fact that the means of content production and distribution have gotten inexpensive enough that the CREATORS of the content are no longer beholden to the publishers of content.

      The "pirates" that scare the bejesus out of the MPAA and the RIAA aren't the "CD-rippers". They are the indie artists who can afford to purchase mixers, etc. and record and digitally encode their own music and distribute it LEGITIMATELY over the 'net without Sony, Time-Warner, MCA, Disney and the rest of the "usual gang of suspects" getting THEIR cut.

      It's not about copying, it's about CONTROL. It's about the survival of an outmoded business model that has left many of the original artists of rock dependent on charity in their old age. It's all about preserving the KNOWN historical rip-off (of the artists by the labels) by preventing a future speculative one.

      It's all about the fact that digital camcorders and digital audio recording is on the verge of making the studios and labels and their 18 layers of middlemen and IP lawyers as obsolete and dead as the dinosaurs.

    5. Re:The real "digital" threat by yzf750 · · Score: 2

      Hmmm then explain the "Blair Witch" movie. I was shot on consumer level film, put together, and got nowhere until a big studio bought the rights to it at Sundance. Do you really think if it was digitized and stuck on a website it would have generated the millions it got when a major studio got behind it and marketed it out the wazoo? Name me a band that has launched into Gold Record status from mp3.com or from individual web sales. It takes money to make money, and the RIAA and the MPAA have the money. For every Britney, Backstreet Boys, Linkin Park, Metallica, Bruce Springsteen, there are WAY more failed bands, even with the marketing muscle of the RIAA. The MPAA is about the same, for every Spiderman, there is Godzilla 2000. Joe Average does what the ads say, and it will not change for some time.

      I'd wager a significant amount of money that even successful sites like Megatokyo, Slashdot, PvP and other "fringe" sites have far fewer mainstream hits than the big media sites like AOL, CNN, MSNBC, etc....

    6. Re:The real "digital" threat by einTier · · Score: 2
      That's right -- today. The MPAA and RIAA are thinking about tomorrow. The day when it's just as common for me to get my audio files online as it is at the record store. Suddenly, the MPAA and RIAA become very irrelevant.


      It used to be neigh well impossible to record your own material and have it sound or look as good as the big boys in California. It was horribly expensive. Now, a guy with several thousand dollars worth of equipment can do it. One day, it will be someone with a few hundred dollars of equipment. One day it will be common to get our files on line, just as we get them on CDs today. I might even argue it's common today, except that a vast majority of people don't even have internet access, and many of the people that do don't have broadband or any current knowlege of mp3s and DivX.


      But one day, they will. Publishing will be cheap, and the RIAA and MPAA will be useless. That's what scares them.

      --
      -------------------------------------------------- $665.95 -- retail price of the beast.
  7. The real cost of swapping movies by maxmg · · Score: 2, Interesting

    In Australia, where I happen to live, download limits on broadband connections are heavily capped. The ISPs usually offer 1GB plans for about 55A$ and 3GB plans for 75A$. Why on earth would I spend almost all of my precious 1GB download limit on a single ripped movie? For the same amount of money, I can go and see four movies at the cinema AND have popcorn as well!

    --
    I asked for a refund - and got my monkey back.
    1. Re:The real cost of swapping movies by Disevidence · · Score: 4, Insightful

      No it isn't, its just that Telstra (my broadband carrier) sucks ass.

      You see, in Australia, there are two companies that give cable. Telstra and Optus. Telstra is a 51% owned government company, and while it may have good telephone service, its cable service is expensive, gets knocked out with regularity, and it has special software that doesn't run on Linux. Optus is waaay better, especially since there is an option for the cap to be X times what the average user uses. Excellent stuff.

      (For all Telstra Broadband Cable users, use BPA Login, a linux friendly, easier and more extensive configuration client)

      Back to the point. I certainly wouldn't waste my time downloading a crappy movie (on my 15'), one which i can see with more enjoyment in front of a nice big tv, with good sound and clear picture.

      Besides, I would find it strange sitting with a bunch of friends watching a movie on the PC, or for the few with GF's, how the hell are you mean to curl up with her if your infront of a computer???

      Yet these MPAA and RIAA just want to keep enforcing more "protection", make us jump through more hoops, and do not give people the benefit of choice. I make sure i buy all my cd's, DVD second hand etc, and you should too. Its cheaper, anyway.

      DVD is an excellent idea for storage and lots of files on the one medium, but due to the MPAA and RIAA's selfishness and oversight, and the corrupt american system (I am not american, Im an Aussie, but we stupidly adopt most american things about 6 months after),the high-tech, convienent uses for DVD is going down the drain.

      If that law goes through (and then, undoubtedly, come here), its illegal for me to download Mandrake and burn it onto CD so I can do a install, and have the CD's there for booting or use on other computers. Quite frankly, its gh3y. So much for the tech revolution. More like the tech devolution.

      --
      Think nothing is impossible? Try slamming a revolving door.
    2. Re:The real cost of swapping movies by Disevidence · · Score: 2

      But thats the exception, not the rule. How many people would have the following setup?

      Compare to what the MPAA is doing to trample rights, the amount of users that actually pirate is negligent.

      Anecdote: I know quite a few computer enthusiasts, and not one has the setup you prescribed. Computers just are not conducive to watching movies with great visuals and sound. The MPAA has draconially overreacted, and the American Senators hitched on for the ride.

      Also, considering the age of the senators, they probably won't be around in 20 years to see the results of what they are doing. They're just securing the finacial future of their offspring, they don't really give a shit what they pass into legislation.

      --
      Think nothing is impossible? Try slamming a revolving door.
    3. Re:The real cost of swapping movies by Azza · · Score: 2

      1. Run svideo or composite cable from your GeForce to your TV/VCR.
      2. Run audio cable from your soundcard to your stereo.
      3. Play movie full-screen, on your TV.

      How hard is that?

    4. Re:The real cost of swapping movies by nettdata · · Score: 2

      Besides, I would find it strange sitting with a bunch of friends watching a movie on the PC, or for the few with GF's, how the hell are you mean to curl up with her if your infront of a computer???

      You may be interested to know that my new Powerbook G4 has, in addition to the digital video output, a SVHS output that the manual explicitly states is designed to be used to watch DVD's on your TV. It also works for DIVX and QuickTime stuff as well.

      I think that's kind of cool. :)

      --



      $0.02 (CDN)
  8. Re:Digital is different. by grung0r · · Score: 2, Insightful
    It's much more of a danger to the Music Industry, and they have a right to protect themselves.

    Protect themselves how? By making laws that do nothing for the public good, instead only helping to line their pockets? How is making progams that have perfectly legitamite uses illegal their "right"? is that what you mean? Can you name a tool that can be used for illegal purposes that is illegal in the united states? Crack pipes? Guns? penises? Nope. Nothing. Why? becuase who is to say what a object's legitamte purpose is. Why do you want to be analy raped by huge corparations? I don't get it. Why would anyone defend the rights of an entity that isn't even alive? it's bizzare behavior.

  9. Re:Digital is different. by Warin · · Score: 3, Informative

    You create a perfect copy, yes. But a perfect copy of what?

    The vast majority of digital files traded over the net with ease are sub par. Have you ever watched any of the bootlegs out there? I dont think I have ever seen one that matches even 3rd generation VHS copy quality. Especially in the case of video, making something small enough to be easily swapped also means making it of such a low quality that only the cheapest of person would use that as an option to seeing the film in a theater, or renting it on VHS/DVD

    Don't buy into the strawman being put up by the MPAA! They are looking for ways to screw us all for even more of our money...and it's time that the public says 'enough'

  10. Pirate vids et al by h0tblack · · Score: 2, Interesting

    For years people have been watching pirated videos copied from studios or screeners. The quality was often not been great, but neither are a lot of the first digital copies of films to appear. People have been copying radio, tv, vinyl, tapes, cd's etc for years. Copying and sharing is not a new thing, but it's being made out to be by certain organisations. I remember people making a fuss when recordable audio and video cassettes arrived on the scene. Have these killed the industry? No, they've grown larger and created new industries. Methodology may have changed, but what people do has not, well, not a great deal. Maybe new avenues have been opened, but isn't that what the Internet is all about? Opening new doors, broadening horizons, breaking down barriers. Lets not use new technology to create extra barriers to peoples freedom and creativity.

  11. Funniest Line from the Article by telstar · · Score: 2, Funny
    At a minimum, within a day or two of any movie being released, bootleg videos based on camcorder recordings of showings are available on certain streets in New York City
    • Why don't they just come out and say Canal Street?
  12. $250 million seems a relatively small figure to me by melted · · Score: 2, Funny

    >> $250 million seems a relatively small figure to me

    A quarter billion bucks is nothing for this Yale dude. :0) Wow, now I understand what kind of deep-pocketed-parent kids study there.

  13. Re:Digital is different. by Indras · · Score: 4, Interesting

    Yes, but the point of this article is to detour people from this way of thinking. The fact is, while digital copies may make things easier, it's no more or less illegal than analog copies, which is what the writer calls the "analog myth." I can remember getting most of my home music by borrowing other people's cassette tapes (audio, not VHS) and copying them. A friend of mine had two VCR's, and every night he would rent a few movies and make copies, and sell them for a few bucks to friends (just enough to get more blank tapes, no profit involved).

    The fact is, digital pirating is likely just as difficult, just as widespread, and just as damaging as analog pirating. Actually, many cam rips (when someone sits in a theater with a camera and records the whole movie) are analog to begin with, then later converted to a digital format, and additionally put through some lossy compression schemes to bring it down below 700Mb to be put up on servers.

    "It's much more of a danger to the Music Industry, and they have a right to protect themselves."

    Actually, this article is about the Movie Industry, not music, I see you didn't take time to read it. And yes, they have the right to protect themselves, but suing KaZaA, Morpheus, iMesh, Napster, and so on for allowing this to take place is like suing UPS for allowing people to send drugs illegally through the mail. The fact is, they SHOULDN'T know what's inside the files that are being swapped, just as much as UPS shouldn't know what's inside a package they deliver.

    And, forcing companies to create hardware that won't allow you to make illegal copies is stupid, too. That's like making Xerox put something in their copiers that won't allow people to make photocopies of of pages out of copyrighted books without permission (which is illegal, too). How does a DVD player know that the DVD you're playing in it is being copied to another DVD, and how does the DVD burner (in the case of copying DVD's) tell that the incoming signal is copyrighted material, not the owner's home movie of his son building a sandcastle?

    The fact is, if something is being done illegally, the MPAA needs to go for the people who are committing a crime using these devices, not the people who make the devices.

    --
    The speed of time is one second per second.
  14. Re:Digital is different. by Com2Kid · · Score: 5, Informative

    In digital, you can create perfect copies and send them out to everyone you know... at the click of a button.

    With analog, you actually have to work at it. You'd have to tape the tape (lossy), make copies (lossy), and give it to friends/fellow pirates manually.

    Computers make things much easier for pirates. That's why there's so much focus on swapping music digitally. It's much more of a danger to the Music Industry, and they have a right to protect themselves.


    Uh huh.

    BULLSHIT

    It is A LOT easier to make an analog rip (put tape in machine, hit record) then it is to do a digital rip.

    First off there isn't any "Big Red Button" solution to doing movie rips that are of a high enough quality that ANY self respecting movie pirate would use.

    Doing even a DECENT digital rip requires extensive knowledge of a large variety of programs and a good deal of work, not to mention the patience to wait while your video sits there and encodes at .1 FPS or so on a 1Ghz+ machine.

    Now if you want to do a GOOD rip (a GOOD digital rip will look better then the original DVD, many rippers take pride in that they can correct errors made in the original DVDs mastering) then you had better know a ton about mathematics, some basic data theory, a good deal of color theory, have an intuitive understanding of at least some parts of matrix mathematics, and know how to combine it all of those skills together to create one nice highly polished product.

    This is not even going into how you are using primitive tools that range from being everything from crash prone to inducing video or audio errors into your stream if you push the wrong button or select the wrong option. (not that that option should induce errors, but. . . . Betas are betas and all, and the programs you are using likely will never be out of beta stage).

    Yah sure now the couriers may have a somewhat easy job (though it does depend on how you are transferring the files) but hell;

    don't say that making a digital rip it easy, because it is not.

    (of course good Analog copiers have to go through similarly difficult troubles, just hitting record on a VCR doesn't cut it if you want quality goods.)

  15. Bigotry, Facism and the MPAA by JamesSharman · · Score: 2

    I've downloaded attack of the clones, I haven't watched the downloaded copy but I have seen it twice at the cinema, and I'll probably go again. I'll most likely watch my downloaded copy during the endless gulf between cinema and the time I can rush out and bye a copy on the first available day. My shelf is stacked full of movies and dvd's I've paid for, I've never downloaded a film I haven't previously or subsequently PAID to go and see at the cinema and rarely have I not bought the film on release and yet I am the enemy. Mr Valenti would have you believe I'm an enemy of the movie industry, Wake up! I'm your friend, I love the movie industry, I'm a fan, I pay my way.

    If you thought my subject line was provocative think about it. The MPAA is exactly that, we are dealing with an organisation that is beating the drums of war. They point at a group of people and say "They are your problem, they will take your jobs, they will destroy your livelihood, deal with them and life will bed a bed of roses" . What we have is an organisation that is exploiting the same fears and weaknesses in the people they are exploiting as fascists and warmongers have done since the dawn of time.

    Next time your watching your favourite (and presumably legally purchased if not legally played) dvd turn on the directors commentary and listen. Most of the time I hear people who care about the movies they are making, they care about the art form and they care about the people who are going to watch it. These guys are as much the victims of the MPAA as we are, keep making your movies and we will keep paying for them.

    Some people might consider me foolish for admitting to downloading films and not posting anonymously but in my own way I'm standing up to the MPAA, supina slashdot guys, get my user details. Come to the UK, let 12 of my countrymen see my dvd shelf and then convince them I've lost you money. You'll probably win but I'll get a fine and you'll get a big stack of mud on your face.

  16. Hindering independent filmmakers by captaineo · · Score: 4, Insightful

    This article, which I though was generally excellent, unfortunately stops short of naming the MPAA's true goal - continuing its monopoly on the production of blockbuster movies by ensuring that no high-quality filmmaking equipment falls into the hands of non-studio filmmakers.

    Back in the pre-digital days it was easy for a determined independent artist to throw together some analog video equipment (eg consumer VHS decks, camcorders, and mixers) and make a film. The only thing you couldn't easily do is distribute the result to a wide audience...

    Now, thanks to the internet, anyone who can compress some videos and set up a web server can theoretically distribute films.

    *BUT* look at where the technology is going... There is no cheap digital recording and distribution system that is accessible to independent artists. (yeah, DV is fairly cheap - except for editing decks - but you can't *distribute* on DV). You can buy DVD burners for a few hundred dollars now, but consumer-level burners do not let you "author" a properly-formatted, CSS-scrambled DVD like the megadollar Hollywood systems can. And there is certainly no low-cost high-definition format on the horizon - HDCAM is insanely expensive, and HD DVD will be read-only. Broadcast digital video systems use obfuscated encryption methods and will only be accessible to studio productions.

    It's in Hollywood's best interest to keep recording and distribution technologies out of the hands of independent artists. Using the cry of "piracy!" as a distraction, they are trying to pass laws that will basically make it illegal to use high-quality video equipment outside of the studio system. This way the MPAA companies will maintain their control over what films get made, resulting in fewer choices and higher prices (the inevitable consequences of a successful monopoly).

    Incidentally, in my own production work I've already been hindered by the media industry's efforts. On two occasions I've had to perform a digital->analog->digital dub to record copy-protected music, *the rights for which I had legally paid for*... Also, I've been forced to reverse-engineer a high-definition video transmission format, because no such equipment is available to those without a studio-level budget.

    1. Re:Hindering independent filmmakers by Alan+Partridge · · Score: 3, Insightful

      that's the stupidest comment I've ever read. In EVERY way it's now FAR easier to shoot and distribute your own productions and with INFINTELY better quality tha was possible 10 years ago. Editing decks? You don't edit with DECKS these days. HDCAM? Apointless format if ever there was one, and a great many commercial producers neither can or want to afford it. You are an absolute fool - if you were that interested in making TV you'd get a job in... TV!

      --
      That was classic intercourse!
    2. Re:Hindering independent filmmakers by M-2 · · Score: 2

      ...did you actually READ that?

      His point was that, in fact, it IS easier to shoot and distribute your stuff now than it was ten years ago.

      And that the MPAA and the movie studios are scared shitless that someone out there will make a BETTER MOVIE Than they have in the past, and get all the riches and fame, and THEY WILL NOT. Therefore, part of the issue with destroying the ability of PCs to record to DVDs and do video editing is SPECIFICALLY to take the ability to make movies out of the hands of Just About Anyone and put it back in the hands of the studios.

      SOMe of us don't have major comic book collections, a bunch of credit cards to max out, and a bunch of friends to hit for loans that we can use to make our first movie. Meanwhile, on my next trip, I can start working on mine and do the work on my laptop in my hotel room, getting things started. For about $4000, instead of $50,000.

      And even if it sucks, hey, I can use the media over again and start from scratch...

    3. Re:Hindering independent filmmakers by Swaffs · · Score: 2
      "that's the stupidest comment I've ever read"

      You must be new to Slashdot.... hell, you must be new to this planet.

      --

      --
      "Karma can only be portioned out by the cosmos." - Homer Simpson [1F10]

  17. Re:Digital is different. by Anonymous Coward · · Score: 2, Informative

    It's much more of a danger to the Music Industry, and they have a right to protect themselves.

    At the expense of everyone else's fair use and unrelated activities?

    They presently have a flawed business model that relies on poor technology to protect their income. They've always had this model, and they're afraid to change it because they've never tried anything else.

    But if others are innovative and creative enough to improve the technology over time, which was obviously going to happen because that's the nature of technology, why should everyone else suffer as a result of a few mega-sized media companies' bad business decisions and lack of strategic future thinking?

    If they want to take reasonable action against people stealing their IP, then fine. But don't let them tear the world down just to save their small profitable island.

    Nice troll.

  18. Effect of Piracy by chill · · Score: 5, Insightful

    Just to point out, as the article details, a DIGITAL bootleg of Spiderman was out on the Net the day before it hit the theater. The result? The theatrical release STILL was the largest grossing opening day (and weekend) ever. Its second weekend was the largest second weekend for a movie ever. Its third weekend (this weekend) is sitting at $46 million which is, surprise, the largest third weekend ever.

    Star Wars II: Attack of the Clones.

    Ditto. Movie out in digital piracy a week before opening, and it still makes obscene amounts of money ($86 million this weekend and $110+ million so far).

    Wanna check on the sales of Star Wars I: Phantom Menace when released on VHS/DVD? One of the best sellers; ditto for The Matrix -- both of which were floating the web in DivX format before they hit the theaters, much less DVD/VHS.

    The last 4 years (1998-2001) are the best on record for revenue generated and attendence at theaters. DVD/VHS sales are thru the roof.

    In the "perfect" world, where movies are uncopiable and you have to see it at the theater and/or purchase a legitimate copy, the industry would see only a paltry rise in revenue compared to today -- not the $3 Billion touted by Mr. Valenti.

    Most people who get rips would either do without altogether, or wait until the DVD/VHS that THEY WERE GOING TO PURCHASE ANYWAY became available.

    --
    Learning HOW to think is more important than learning WHAT to think.
    1. Re:Effect of Piracy by 56ker · · Score: 2

      As with mp3s, divxs just persuade people to buy videos they wouldn't otherwise buy. When the industry is actually going to realise they're gaining sales through this rather than losing them is anybody's guess though!

    2. Re:Effect of Piracy by DreamingReal · · Score: 2
      Most people who get rips would either do without altogether, or wait until the DVD/VHS that THEY WERE GOING TO PURCHASE ANYWAY became available.


      Recent events in my life have lead me to believe that what you say is utterly true. I've been out of work for nearly a year now and my nest egg is slowly dwindling. As a result, the two things in my life that dictated how, where, and why I make media purchases (time and money) have flip-flopped -

      Employed - Plenty of money, no time.

      I buy on impulse. When I buy, I buy alot! I purchase CDs, DVDs and books I think might be good. I don't bother looking for bargains. I stick with one or two retailers that ship fast (but don't necessarily have the best prices). I almost never buy used. I hardly use P2P unless I cannot find something I want, or it's in transit and I can't wait for two days to watch/listen.


      Unemployed - Plenty of time, no money.

      I never buy on impulse. I never buy anything unless I've heard it/watched it and know that I like it. I buy from the retailer with the lowest price, even if it takes two weeks to arrive. I buy used whenever I can - more often than not, I wait until new releases are available second-hand before I purchase. I constantly use P2P to preview to see if I want to buy and to enjoy the rest that I can't afford to buy at the moment.


      Granted, my evidence is anecdotal and limited only to myself but it has opened my eyes, nonetheless. Despite the ravings of Jack Valenti et al. "pirating" is no substitute for purchasing. P2P is a pain in the ass - constant disconnections, mislabeled files, incomplete track listings, and the quality blows more often than not. Not to mention that a bootleg of a movie ONLY available in theaters is in NO WAY a substitute for the original (so I have to budget in the new releases I want to see, grrr...). Am I trying to get a free lunch? Fuck no! I'd rather spend the money, if I could.

      --
      We want some answers and all that we get
      Some kind of shit about a terrorist threat

      - Ministry
    3. Re:Effect of Piracy by sconeu · · Score: 2

      Now that Napster's gone, I don't think I've bought a single CD since then...

      Well, according to the RIAA, you'd obviously be one of those Evil Content Pirates(tm), so you're not buying CDs because you can't rip them and distribute them to the world.

      Remember, that's how Hillary and Jack think.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    4. Re:Effect of Piracy by mpe · · Score: 2

      In the "perfect" world, where movies are uncopiable and you have to see it at the theater and/or purchase a legitimate copy, the industry would see only a paltry rise in revenue compared to today -- not the $3 Billion touted by Mr. Valenti.

      Any rise in revenue would need to be offset by any loss due there no longer being people who chose to buy after seeing the bootleg.

  19. Because that would be "linking"... by mkcmkc · · Score: 4, Insightful
    ...which the courts have ruled (in the 2600 case) is illegal. :-P

    Mike

    --
    "Not an actor, but he plays one on TV."
  20. The REAL Solution by mkcmkc · · Score: 2
    None of what the *AA's are trying to do--even outlawing general purpose computers--will really make much of a dent in unauthorized copying as long as the final product has to be displayed on a screen somewhere. Of course, that's nothing they can't fix with a poke in the eye with a sharp stick.

    Mike

    --
    "Not an actor, but he plays one on TV."
  21. D-Disney by SeanTobin · · Score: 2, Funny
    For example, one prominent proponent of this argument is Sen. Fritz Hollings (D-Disney), who made this statement when introducing the CBDTPA:
    ROTFLMAO!
    --
    Karma: SELECT `karma` FROM `users` WHERE `userid`=138474;
  22. Heh heh. by DarkZero · · Score: 3, Insightful

    I think the funniest part of this whole "losses from piracy" thing is that newspapers around the country run a story about piracy whenever a big movie is bootlegged before its release and then go on to mention the "threat" that these bootlegs pose to the box office revenues of the movie... but they never do follow-ups saying, "Oh, I guess not" whenever that massively marketed movie breaks a dozen box office records in a single day.

    Gee, could these big corporate newspapers be writing in the favor of their even bigger corporate owners? ;)

  23. Absolutely right! by DreamingReal · · Score: 2


    Someone please mod this parent up! You are exactly right - comparing the ripping and encoding of a CD to that of a DVD is apples and oranges. Any 8th grader with a copy of Musicmatch can rip the latest N'Sync album to MP3 but their head would likely explode if you asked to to DIVX a copy of The Matrix. The process has a steep learning curve and encoding takes a long time and a powerful machine! This is to say nothing of the fact that WAV -> MP3 has a lot less apparent loss of quality than does VOB -> MPEG4. The MPAA does not have the same problem as the RIAA.

    --
    We want some answers and all that we get
    Some kind of shit about a terrorist threat

    - Ministry
    1. Re:Absolutely right! by einTier · · Score: 2

      In my perfect world I'd have a TIVO type device attached to my TV and Computer (same box, two connections) that would let me watch anything, anytime I want. TV wouldn't be broadcast anymore. TV programs would "air" as an available time and date (The latest ER "airs" every Thursday night at 10 pm EST). I could view any show at any time on or after the "air" date (obviously cant watch TV shows before they are made!). Same with movies - watch any movie after an "release" date. Same with music.

      Wow. That's exactly what I want. Not sure if I'd pay "pay per view" prices, but if they were low enough, it would be a non-issue. If they could give me pay-per-view and purchase-forever prices for every piece of media, and those prices were reasonable enough that I wouldn't break the bank watching/listening/consuming the 100 hours or so of new media that would be possible to experience in a month's time, then I'd never, ever pirate again.


      Let me say that again, because I'm a pretty hard core pirate. Give me the following:

      1. Any piece of media available at any time after the release date, as quickly as I'm able to download it. Nothing unavailable or out of print.
      2. Pricing low enough that I can spend a reasonable amount of money and still have too much new media to consume. Perferably, give it to me in buy-once and buy-forever pricing formats.
      3. Make the buy-forever formats non-propriatary, so that I can move them whereever I choose to consume them.

      That's it. Give me that, and I'll never pirate again. Ever. You want to end piracy? That's how you do it.
      --
      -------------------------------------------------- $665.95 -- retail price of the beast.
  24. Why is there no focus on the Constitution? by Anonymous Coward · · Score: 2, Insightful

    Why does no one ever seem to bring up the Constitution in these matters? The Constitution says:
    To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

    The progress of science and the useful arts.
    Securing for limited times.
    Authors and inventors.

    The only copyright that is Constitutional is one granted for a limited time to the author or inventor for a limited time for a product that promotes the progress of the useful arts or science. The rest are not Constitutional.

    If it's not a copyright to the Author or Inventor, it's not valid.
    If it's not a copyright granted to promote science and the useful arts then it's not valid.
    If it isn't for a limited time, it's not valid.

    1. Re:Why is there no focus on the Constitution? by SEE · · Score: 2

      Ha! This is the same country where growing wheat on your own property for your own consumption is legally classed as "interstate commerce".

      At least the Congress is granted the power to create some form of copyright. If you're worried about the Constitution, there are many more areas where the Federal Government is exceeding its enumerated powers far further.

      And if you aren't worried about those abuses, you're an absolute hypocrite bringing up much lesser ones.

  25. Resistance to change by theolein · · Score: 5, Insightful

    Even if one were to agree that internet piracy is decreasing the revenue of the RIAA and MPAA, even if Microsoft (yes, they are doing a similar scheme with their new licences) were actually right about the dangers (to microsoft) of OSS, in my opinion it boils down to a simple problem: Resitance to change.

    Why are they resisting the change? Because of revenue. All the above organisation's profits are dropping for various reasons and they are trying to stem the loss with either restrictive laws or restrictive licences. As I posted in another topic, this only changes the response to the laws and licences, but does not stop the actual process itself. Trying to exert control, by American companies, of personal devices and media, in an effort to stop the growing digitalisation of society will only result in even more resistance by consumers and the general move of innovation away from the US and bitter infighting amongst the industry. Trying to outlaw devices such as the general purpose PC, will drive parts of an entire industry, into insolvency (Software and tool developers above all) and will make the US an unpopular place to do business in and shift the impetus of media away from there.

    I'm not sure but I think that whichever way they go, they will have to face restructuring in the long term and this means losses. There are so many examples that one could fill pages with them- The steel industry trying to stop change with protectionism (only resulting in retaliation from overseas traders), The car industry trying to stop unionisation with violence and anti-communist propaganda (didn't win there either), the English monarchy trying to stop the US from gaining independance, AT&T trying to hold onto it's monopoly in the communication business. - In the long run it mostly backfires. Musicians who earn next to nothing from the RIAA can and will use these restricive laws to further their own poularity by speaking out against it. Companies moving to OSS because it's cheaper and less controlled. Developers not making products for sale or use in the US due to the restrictions there.

    I think, in the long run, laws such as these, are immensly damaging to the very organisations trying to enforce them now, because your average person, who doesn't pirate, will get ticked off that he has to pay more for a DVD or CD (or did you think that they were going to implement all these copy restrictions for free?), the same guy will get ticked off that he has no access to independant media, that everything he does on his non-general purpose computing device is watched and controlled by someone. Programmers in the US will be the laughing stock of the world if they can only code within a strictly defined set of parameters that entails very little freedom.

    I'm not a fan of Science Fiction analogies but "Flow my tears the policeman said" by Philip K Dick is good reading for the case that these restrictions become law.(Especially the epilog)

  26. Re:Digital is different. by smagoun · · Score: 2

    Funny you should bring up Xerox....rumor has it that color copiers have special circuitry to prevent counterfeiting money, and JJ Johnson (Nevada libertarian candidate for senate) seems to think that copiers print an invisible serial # on every copy you make, allowing the feds to trace it if necessary. The imprint goes there even if you're not copying anything illegal. I have no idea if any of this is true, but it wouldn't surprise me...

  27. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  28. The Effect of Piracy - Future Speculation by dasunt · · Score: 2

    The problem with piracy is not now, but in the future. At the moment, due to bandwidth and hard disk size, most videos have noticable artifacts and have lost details in compression.

    Now imagine the future. Bigger hard disk, more bandwidth. Now imagine high quality video piracy.

    For example: at the moment I'm addicted to a series on UPN. Locally, UPN is unavailable to me, and due to living constrants, a DSS feed is unworkable. So, I go to a certain IRC channel and download the latest eps. They might be poorer quality, and it takes awhile to download, but at least I can watch the show. OTOH, there is no commercials and no trailers.

    Now imagine the world 10 years from now. I'll probably find a different show to be addicted to, and there will be other changes. If I wait for DVD, I'm probably waiting years between when the show airs and when the DVDs are pressed. With the DVD I get trailers that some players won't skip over, and I have the problem of copywrite protection and the whole region-x hassle. OTOH, if I go online, I'll find the show within hours of it airing, it will be without commercials, and in a choice of formats that will play on any computer and probably easily be burned to a DVD.

    So, for a mental exercize, assume that the DVD is $20, and the online stuff cost $25 for, er, bandwidth costs. What would you rather buy? Now, realize that a broadband connection is less then $100 bucks, which means our $25 figure is rather inflated.

    Piracy is a problem, but it is partially because the pirated stuff is a better product. Else, why would I spend hours downloading/burning when I could just walk into Walmart and pick up a copy? I'm not *that* cheap.

    Just my $.02

    1. Re:The Effect of Piracy - Future Speculation by Anonynnous+Coward · · Score: 2, Interesting
      And ya know, the MPAA could solve that problem today by selling unencumbered copies of its videos online for a reasonable price. But they'd rather take the route of calling every viewer a potential criminal.

      There's obviously a demand for "video on demand"--what's there's not a demand for is "pay every time you watch the video you bought," which is what the industry wants to sell.

      So they buy legislation in an attempt to cram it down our throats. Ultimately, we all lose.

    2. Re:The Effect of Piracy - Future Speculation by chill · · Score: 2, Interesting

      Movies or television shows? Totally different ballgame. Production costs, quality, effort involved, etc. are miniscule compared to a feature-length movie.

      If you want to talk TV shows...

      The current model is based off of a certain number of episodes per year, shown a week apart. Half the year gets reruns so people can catch up.

      There is the problem -- people no longer need half-a-year to catch up. They can get the episodes they missed by downloading them. If the industry wants to compete, then do it with convenience.

      Make a central location (i.e.- getSouthPark.com) that people can go to and d/l an episode for $5 or so. High-speed servers that make your P2P look like shit. Don't have to hunt, don't have to worry you're getting inferior VHS to DivX after-the-dog-chewed-the-tape copies, don't have to wait. Hell, $5 for ones with the commercials or $7.50 sans ads.

      Lots of people would jump on that. Add a subscription service for a show -- get all the episodes sent directly to your TiVo for $50 a season. Sort of like "League Pass" with the sports.

      The problem is the model is changing and the industry execs don't want to change with it. They are comfortable.

      --
      Learning HOW to think is more important than learning WHAT to think.
    3. Re:The Effect of Piracy - Future Speculation by Graspee_Leemoor · · Score: 2

      $5 is way too much for one episode with ads. If they did this, one person would buy it, then share it on p2p.

      I found something interesting on the tv licence website the other month. (Sorry, lost link- google for it if you like). Apparently if you have a TV licence then you can record programmes and then give the tape to a friend who does not have to have a TV licence.

      It remains to be seen whether this can be used as an excuse for ripping BBC stuff and then sharing it p2p; reminds me of those plates outside people's houses saying: "There are no strangers, only friends we have yet to meet".

      graspee

    4. Re:The Effect of Piracy - Future Speculation by e-gold · · Score: 2, Interesting

      The problem is the model is changing and the industry execs don't want to change with it. They are comfortable.

      That is one of the problems, and it's a big one, but it's not the only one...

      Another problem is that what's currently called "ecommerce" (credit cards are a 1950s-era system, and they were not designed for the internet) takes far too large of a bite out of a $5 payment (which doesn't settle for sure for over a month, even with the big-bite). This bite is especially hard on "little-guys" (assuming they can even GET a merchant account, they'll pay more & be treated worse).

      I sell something that can help little guys get around the getting-paid bottleneck simply, and with a far-smaller bite taken out of the payment. The big guys, whose generals are busily fighting the previous war, don't want to think about it yet, of course...
      JMR

      (My opinions, not any employer's)

      --
      Try e-gold - (contact me). I'm NOT e-
    5. Re:The Effect of Piracy - Future Speculation by mpe · · Score: 2

      The current model is based off of a certain number of episodes per year, shown a week apart. Half the year gets reruns so people can catch up.

      It depends where you are in the world. The US model involves showing a series in one slot throughout the year. Contrived so that new episodes come at certain times and you get "rerun hell". In other parts of the world you'd tend to get either shown once then something else shown in the same slot or shown once in it's entirity then repeated in entirity.
      Repeating the programme isn't intended for the benefit of the viewers, it's so that the broadcaster can fill up their schedule at least cost to them.

      Make a central location (i.e.- getSouthPark.com) that people can go to and d/l an episode for $5 or so. High-speed servers that make your P2P look like shit. Don't have to hunt, don't have to worry you're getting inferior VHS to DivX after-the-dog-chewed-the-tape copies, don't have to wait. Hell, $5 for ones with the commercials or $7.50 sans ads.

      Also since it's comming off a server the ads can always be current ads. Also ads can be selected by the geography of the viewer. Which means potentially more advertisers.

      Lots of people would jump on that. Add a subscription service for a show -- get all the episodes sent directly to your TiVo for $50 a season. Sort of like "League Pass" with the sports.

      Thing is that the status quo interests would want this $50 to go to the existing broadcasters. Rather than new distribution companies or even direct to production companies.

  29. Not complete without a mention of my Congressman by browser_war_pow · · Score: 3, Informative

    No debate about the DMCA is complete without discussing my Congressman, Bob Goodlatte of the 6th District, VA. He is a fantatical support of the DMCA and has called me a thief and a supporter of theft in public because I stated my opposition to it. He is on his 6th term IIRC and he has currently no true competition worth even mentioning. The Democrats probably ran a guy against him last time in the hopes that they could raise some quick cash because right now he is totally unopposed with no hope in sight. That is bad, it means we have in the house a nearly institutional barrier that dearly loves the DMCA.

    He comes from a generally right wing district (though one that is generally quite secular, the most religious person I've met in my area supports marijuana legalization for example!) and not even the LP will try to steal his seat. He has the luxury of having a district that is not dependent on government subsidies and doesn't have a large techie population therefore he can propose stuff like the DMCA and NETA safely (he is directly responsible for the latter and claims to have been heavily involved in the house version of the former).

    People like Goodlatte are proof that we cannot rely on either party, we need a multiparty system where at least half the parties have clear cut political philosophies like the LP and Green Party. The LP IIRC is staunchly opposed to the DMCA and all legislation like it. It is the third largest party and that is a constant. The Green Party doesn't have even half the number of people in pubic office that the LP does. The LP is admittedly not very large, but it doesn't need a "celebrity" like Nader to get politically active people to remember that it even exists. In the last election, I could vote for the LP for governor, lt. governor and IIRC attorney general. The same could not be said about the Green Party. We need a party that has a shot of winning and we need to support it whenever possible.

  30. Re:Digital is different. by man_ls · · Score: 3, Informative

    Bootleg is a relatively ambigious term here.

    There are several levels of quality in the underground world:

    Cam. Handheld cam for video, audio from cam's mic. Level of insiderness required: None.

    TS (Telesync). Handheld cam for video, but the audio is picked up from a "remote source", frequently a lineout in the projection room. Level of insiderness required: Small. You have to work at a theater, but don't have to be important.

    Screener. Ripped pre-release copy of the movie, either from a "for-review" copy of the film reels, a preproduction disk, or from the a/v outs of a projector. Quality is usually just below DVD-quality. Level of insiderness required: High.

    DVD-Rip. Decoded from a DVD, obviously. Great quality. Level of insiderness required: None. But it takes time for the movie to come out on DVD.

    I've seen a bootleg Lord of the Rings that's a screener. DVD-quality audio and video, with an MPAA copyirght warning scrolling randomly down the bottom of the screen about every 20 minutes. It's great.

    I've also seen Resident Evil on a Telesync. Crappy quality, sound wasn't bad though. Glitchy, artifacated video stream. Sucked, but it was okay for re-watching after I saw the movie in the theater.

    A bootleg's quality is directly proportional to the time spent creating it.

  31. Who are the dinosaurs--the computer industry by joneshenry · · Score: 2, Insightful

    Ironically enough it's the members of the MPAA who are using science and engineering to advance while the computer industry stagnates and refuses to pay any attention to consumers except for video games. And the video games industry is more a product of Japanese society--Americans are just resellers.

    The motion picture industry in the past decade has accomplished the switch to having special effects be the real stars of movies. This results in a more uniform and dependable product where the consumer is guaranteed to at least have some payoff. The mass media also embraces scientific marketting where demographic segments are separately marketted to based on gender, age, etc. The American computer industry on the other hand has disinvested from consumer technology except for Apple. Resellers such as HP/Compaq and Dell add absolutely nothing of importance to their products. If there are cheaper and more powerful devices it is due only to the entrepreneurial hustle of Taiwanese, Koreans, and Japanese, not Americans. The basic PC experience for users of all categories remains a hellish nightmare of incompatibilities, nonfunctionality, and blatant lies.

    The most elementary advances in the computer industry are made impossible by the industry's stubborn denial of mistakes and a refusal to adopt to technology even decades old. As a small example, the original programmers of C developed the language and Unix on a machine whose capabilities are laughable compared to modern machines. The operating system cut back on features that had been planned for the failed Multics project. In such a restricted environment decisions such as deliberately forgetting the true length of arrays were required just to have an operational system. There is no such excuse today, yet the computer industry persists in trying to sell to consumers knowingly defective products which are compromised by simple buffer overflows. The computer industry thinks its just fine that consumers should have to constantly try and engage in a futile endless quest of "upgrading" to patch security holes that would not exist if a proper computer language had been used to write the base system.

    It is the computer industry that in recent years has suffered a complete collapse in revenue and valuation. It is the American computer industry that thinks marketting to consumers rectangular beige or black boxes with no style or gender customization is just fine while in Japan there is no reticence to market electronic devices directly to females.

    The only reason the American computer industry didn't have a day of reckoning sooner was the incestuous selling between corporations for IT spending, with the last hurrah the bubble caused by Y2K sales. But that opportunity is now gone and the computer industry is openly admitting it has no new ideas. The motion picture industry for the most part spends the money to develop new movies that for a few hours can satisfy the dreams of its customers. The computer industry can't even make a reliable PC. The motion picture industry eventually embraced DVDs and has changed the economics of the industry so that even apparent flops eventually earn more money than was spent to produce them. The PC industry's idea of progress is removing serial ports, parallel ports, and floppy drives because it can't figure out how to otherwise manage the pathetically small number of IRQs. The American PC industry is quickly heading towards Dell being the only reseller to consumers and businesses while Apple fills a niche upper-class market. Meanwhile the motion picture industry keeps on churning out monster hits such as Spider Man and continuations of franchises such as Star Wars and The Matrix, not to mention potential new franchises in Lord of the Rings and Harry Potter. So who are the dinosaurs and who are dying? It's not the motion picture industry.

    1. Re:Who are the dinosaurs--the computer industry by RzUpAnmsCwrds · · Score: 4, Insightful

      I believe I speek for everyone when I say: shut up and get off your damn soapbox. The computer industry has increased computing power by a factor of two almost every year. Windows XP, Mac OS X, Linux, and other modern operating systems have made system crashes extremely rare. IRQs are no longer a problem thanks to things like USB and IEEE 1394. There are plenty of computer resellers: Dell, HP (Pavilions are #1 in retail), Gateway, eMachines, and many other smaller companies manufacture and sell computers. PCs are more compatible than ever. I have different products from different companies with an OS that was developed 2 years after the computer was made and a printer that is six years old and and two hard drives from different manufacturers at different rotational speeds with software from at least twenty different companies as well as software which I have developed as well as an internet connection that runs over a cable line that lets my computer talk to computers running different hardware, different operating systems, and different software. And guess what? Everything works just fine.

      So what does all of this have to do with the price of eggs?

      The computer industry has produced faster, better machines at lower prices every year. Software has become easier to use and more reliable every year. A single network with most of the computers on the planet has emerged. Through open standards, computers of all types can communicate with each other. Hardware and software works on whatever type of system you have. Retailers and manufacturers, large and small, have been putting together standardized, low-cost components to make computers.

      On the other hand, the motion picture industry has been giving us mostly rehashes of tired old stories (with a few exceptions), usually filmed and distribued to theathers on 50+ year old technology.

      So who's the dinosaur?

  32. Problem with the article by Lumpy · · Score: 2

    Yes, analog Pirated copies degrade over time... but this is a NON issue to the pirate. by the time their origional copy degrades to the point where a good Pirated version of a film is no longer marketable (or even in some cases as good as the video tape released) noone wants to buy it anyways.

    Film pirating hurts the studios as much as Piracy hurts the software industry... The little guy with grand ideas that he/she will become a billionare will get the slap of reality from the piraters and the big rich guy will not notice that the piracy happens except for the pretty impressive numbers magically pulled out of an analyst's ass. Look at the Recipts of Spiderman already.. it has surpassed EVERYTHING else at the box office.. What the hell did they expect that piracy stole from them?? another trillion movie goers? BAH, nothing but FUD again from a journalist that is trying to not look like a industry puppet. If attack of the clones fails it's because it SUCKS... I personally felt it was nothing more than TITANIC revisited with a star-wars theme... I dont care about the teen-aged angst and the repeated attempts of our hero to get in the protaganists pants... I saw it to see things get blown up, people chopped in half and hopefully to see jar-jar die...It will not fail because it was pirated, digitized and then shared on Kazaa at a horrible bitrate and over-compressed audio track.

    Please, someone take these reporters out of their offices and show them what 90% of the pirated stuff is, and then they'll write a column that "worries about pirating are unfounded unless you like to see films of the backs of people heads, crappy-out of focus, pixelated.."

    --
    Do not look at laser with remaining good eye.
  33. Indeed, bandwidth is not free, digital !=quality by Chuck+Chunder · · Score: 2

    I spent about a week downloading the Buffy musical DIVX on my modem. I still watched it on TV when it was on here in Australia. The VHS copy I made while it was on TV is significantly better than the DIVX copy (for now at least, obviously it will degrade over time if it's watched enough). When it arrives on DVD I'll likely add it to my DVD collection which, quite frankly, I've already spent enough money on.

    I love DVDs. I enjoy hearing the Smashing Pumpkins talking about their videos while I'm watching them. I enjoy the countless remixes with each video on my Beastie Boys anthology. I enjoy Robert Rodriguez pointing out all the snafus in Desperado (shadows of a camera on a boom passing through a shot, the same extra dying multiple times etc). I like the features.

    There was a thing on TV here the other day about cinemas in Australia not being able to afford the equiptment to show digital movies, so we get AotC on analogue film rather than the original digital. People go to the Cinema for the large high quality picture and the sound, in short the experience. If cinemas here can't afford the digital technology, what percentage of people are going to have anything approaching it in their own homes?

    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
  34. Re:Digital is different.--NOT by Lumpy · · Score: 2

    First off, my video encoder can encode at 6Mbps full frame MPEG2 better than DVD quality. it is a Pentium 133 with 64 meg of ram.

    Yes you heard me. Pentium... IT has a SCSI-II hard drive array that will hold 4 hours of video. and a set of 3 full length PCI video capture and audio capture cards. I insert the video tape (Betacam or 3/4 for old stuff) set the start timecode, set length of capture or end timecode and press the BIG RED BUTTON. encoded in realtime perfectly.

    It was horribly easy to make a digital rip. I can teach a 12 year old how to do it.

    You said..
    don't say that making a digital rip it easy, because it is not.

    well it is... with real hardware not the toy stuff available to the general public it is mind-numbingly easy....

    Yes the encoding station I speak of can be bought for $36,000.00 today with a wasted Pentium III in it... but the new version can let you spit out a DVD of the encoded video after encoding....

    Remember, EVERYTHING is easy if you have enough money to throw at it... and even thinking that video encoding, something done constantly by every network, broadcast company, cable company, and TV station, is still hard is plain silly... Please chekc out modern video production equipment.. it's much different than the consumer or pro-sumer crap that is available.

    --
    Do not look at laser with remaining good eye.
  35. Re:Digital is different. by len_harms · · Score: 2, Insightful

    How is making more laws going to HELP? It is ALREADY ILLEGAL to copy the stuff and give it away. Dont belive me its written on every cd vhs dvd I own. Laws that are not enforced do NOTHING. Digital is just a new way to store things. Why in the world do we even make a distinction? Technicaly there is but from Joe consumers point of view one just looks better than the other. He give a rip if one is digital or analog. They just want a better product!

    Their WHOLE busness model was based on content distribution charging/control. They are just starting to realize it. Which is why they are lobying VERY hard for new law to 'help' them. When distrubting it costs almost nothing, and they do not control the proces of getting music, the price WILL and MUST go down. They are whining as their busnesses can no longer sustain the higher costs of their OWN system they setup. Also given we are/were in a economy downturn im surprised they are doing as well as they are. There were LOTS of companies that lost ALOT of money in the past few years. However in the past few years in the eye of competion from a new startup basicly (napster/kazaa/gnutela). Did they do what all smart busnesses do when someone else comes out with a similar product? Did they inovate, lower prices, anything? No they bitch and moan and try to pass more law.

    Ill quote danny deveto from other peoples money IMDB "I'll bet the last company that made buggy whips made the best damn buggy whip ever." While it may or may not be true. His anaolgy from the movie is. And if I remember from economics the only times price of product will go up in these conditions. is Increase in production cost, higher demand, or monopolistic controls. They can control 2 of those. One we the consumer controll. If 'piracy' is such a big problem why are their prices going up? Prices tend to go down or level out during recessions. Also if your market share is going down you tend to lower prices to try to attract more people to it. If your a monopoly you can put the price wherever you want. Something else is going on and I do not think piracy is the answer.

    My question is simple. Why are they raising prices and therefore pricing MORE people out of their market. As they are moving the wrong way on the demand curve. They make CD's for what 10-20 cents EACH, if that. Then sell them for 15-20 BUCKS each? Their marginal revinue probley does not equal marginal cost. When that happens you are either loosing money or you could be making more. I had that grilled into me in every econ class I took. And if there is an alternative cheaper source of the same as or close to same as copy of the product available, loosing customers to other forms of media that they do not control?! Ill use the pizza example they grilled into me also. If Bob's pizza joint one sells slices of pizza for 1 dollar. And Mikes pizza joint down the street makes very similar pizza for 2 buck a slice. The Bobs pizza will do more busness on a whole baring other cirumstances such as atmospher, help working there, freebees, etc... Both will probly make about the same amount. Now Jimmy makes a magic box that he can setup on the corrner and make pizza for 10 cents a slice. While not AS good as the compition but decent. Little jimmy will make and sell ALOT of pizza. But jimmy _could_ be making more money at it. But he is happy with what he gets. Soon the market will start to change, people will want 10 cent pizza. They will ask why cant the other two places make 10 cent pizza. Why buy from them? The other 2 busnesses will either have to come up with something pretty good or move away from Jimmy. Or try to put Jimmy out of busness with law. Do either hold the patent or copyright on pizza? They may try to ruin Jimmy with health violations etc...

    We are seeing from the music/movie industry is a lack of imagination (funny considering what they do!). So if you can not inovate litigate...

  36. Quit focusing on rights & technology by aero6dof · · Score: 2, Insightful
    The article refutes the points of DRM legislation supporters on the grounds of technology and consumer rights pretty well. However, if the technology community wants to fight DRM legislation effectively, it needs to come up with better political arguments against DRM. These come to mind for me:

    DRM hardware/software amounts to a tax on non-media industry businesses

    Nations which already turn a blind-eye to copyright infringement will likely omit DRM measures in hardware for regional markets. This wll put foreign countries at an IT procurement advantage

    The trend of closed hardware makes the media industry less competitive by raising barriers for small independent artists. (alright this one is a stretch, but its large media conglomerates who cater to the lowest common denominator.)

  37. The Simpsons by joshuaos · · Score: 2
    I watch the Simpsons every single week. Every time it's on, I do indeed try to watch it. I own the first season DVDs (only one out, as far as I know), hell I even have some of their merchandise. I take almost every oportunity I get to give the makers money (through advertising, etc.)

    I also have about 60 odd episodes on my hard drive. I like to be able to watch them more often than I'm given opportunity. Presumably, these AVIs and RAMs and ASFs that I've downloaded off iMesh and gotten burned on CDs from my friends are illegal, pirated episodes... But if I'm giving them money every opportunity I get, how can I possibly be said to be STEALING from them for watching The Simpsons every day, instead of the lame every week (if I'm lucky) that it's on in the season? Off-season, it might not even be on at all! Same holds true for the (not all that many) shows that I actually enjoy on the babble box.

    Cheers, Joshua

    --

    When in danger or in doubt, run in circles, scream and shout!

  38. Re:Digital is different. by MoneyT · · Score: 2

    Not only that, but there was a shoot out in California a few years back that ended sucessfuly for the police only because there was a gun shop near by that had more powerful weapons than they did

    --
    T Money
    World Domination with a plastic spoon since 1984
  39. Re:Digital is different. by MoneyT · · Score: 2

    You mean like in Germany where, despite their immensly strict gun control, they still had a kid go psycho on them and kill his school-mates. Yeah, gun control works nicely doesn't it.

    --
    T Money
    World Domination with a plastic spoon since 1984
  40. Re:Digital is different. by MoneyT · · Score: 2

    Obviously you haven't spent any time downloading rips. Any one who has can tell you most of the digital files you get are crap. People some how manage to scew up the process of moving a file from a CD to an MP3. And most Divx rips are really low quality. On top of that, any file that you download has the possibility of having missing data bits. I can't tell you how many files I've gotten that have random blips in the file or fades of soud etc. Digital piracy is no better or worse than analog piracy. The only reason the MPAA and the RIAA are after this is because they already lost the battle for VCRs and Audio Cassetes, they need a new target to keep their profits higher than the market equilibrium price.

    --
    T Money
    World Domination with a plastic spoon since 1984
  41. Re:.org doesn't necessarily mean non-profit by I+Want+GNU! · · Score: 2

    Yep, that surely is one of the most widely held misconceptions about the Internet that I have seen. But usually they are non profit, out of habit, and .com's are more desirable for businesses.

  42. Re:Digital is different. by einTier · · Score: 2
    And, forcing companies to create hardware that won't allow you to make illegal copies is stupid, too. That's like making Xerox put something in their copiers that won't allow people to make photocopies of of pages out of copyrighted books without permission (which is illegal, too). How does a DVD player know that the DVD you're playing in it is being copied to another DVD, and how does the DVD burner (in the case of copying DVD's) tell that the incoming signal is copyrighted material, not the owner's home movie of his son building a sandcastle?


    It's funny you should say this. People really don't think what the ramifications for the SSSCA (CBDTPA) would really be like. Under either one, Xerox would be obligated under law to produce such a magic chip, and not manufacture any new copiers with the capability to copy copyrighted information.


    Personally, I can't imagine how such a copier would function. But, it's an interactive electronic device (some new copiers are, in essence, desktop computers with special software), and one capable of displaying and copying copyrighted material. It would be illegal under the SSSCA, unless Xerox could somehow manage to keep you from copying so much as a page from any book in your local library.


    Sounds absurd, but you could easily hand copy the information, and as the current 2600 rulings have shown, the right to a fair use copy does not obligate you to a copy in the highest fidelity possible. You could still copy it, but it would be slow, and in your crappy handwriting.


    I wonder if an electronic typewriter would be prohibited from letting you plagerize. I don't know how you'd stop it, but they are interactive digital devices, and the words on that page are copyrighted... it wouldn't be hard to make copies.

    --
    -------------------------------------------------- $665.95 -- retail price of the beast.
  43. They Don't Care by bullocha · · Score: 3, Interesting

    The whole $$$ lost due to piracy is just a fabrication... Here is my crazy theory:

    The record companies don't care about me, you and john down the street downloading songs off of Napster/AudioGalaxy/Kazza/Whatever. The songs we download and don't pay for only make up the smallest percentage of the companies revenues. Even then, most of us (well I know I do) still go out and buy the damn CD. I believe what the record companies are really scared of is losing THE ARTISTS.

    Here in Australia, if an artist is signed to a record company, and they produce a top album, for all their hard work they receive less than $2 per copy sold. Each CD retails for $30+ each. Of this $30, the record company, the distributor, the retailer and even worse, the government take their share. This leaves the artists with very little. In this brave new world, the artists will not need any of these people. They will be able to go into a studio, hand over their $$, record an album and distribute it online, all without the need of some giant company threatening them with contracts, intelectual property etc. Even if they sold online copies for $5 each, and every second person gave it to a mate for free, they still make more money than they did under the record company reign of terror.

    The record companies have realised this, but they can't go to the press and tell the public 'Stop Napster, cause it will send us broke, and you will be able to buy albums for $5 each'. The public wouldn't care less for their plight. So, they make up these figures on how much it is costing them, and how piracy is the reason you pay so much for music.

    This, I see the same with the large movie distributors like Fox. They aren't concerned with us pirating Star Wars or Spiderman.. We will all still want to go see it in the cinema with the sound, the screen and the atmosphere. They just use this excuse to cover the fact that soon, people will be able to make and distribute movies without them.

    What can I say? I love a good theory.

    A/./

  44. Hindering independent musicians by RAVasquez · · Score: 2

    You can also apply the same argument to the music industry. Right now, you can record, mix and master a high-quality album on an off-the-shelf computer, and either have it pressed into CDs or distributed online, with total expenses under the credit limit of a platinum Visa.

    What hasn't been mentioned enough is that passage of the CBDTPA would cripple that model. Because any equipment capable of performing an analog recording could be used to pirate music, future audio packages and digital microphones, etc., will need to be RIAA-approved. Will anyone outside a recording studio or a major label be able to invest in recording if that happens?

    --

    --- Work, worry, consume, die. It's a wonderful life. -- Bill Griffith

  45. Re:i guess you can't get Optus cable then.. :) by EvilBastard · · Score: 2

    Events have passed you by then www.whirlpool.net.au

    According to reports from The Age, SMH and Australian IT, NetStats will be phased out on July 1 and 'soft limits' will be placed on the OptusNet Cable service.
    An Optus spokesperson revealed that the plans for Optus Choices subscribers will be as follows:

    550MB - $54.95
    3GB - $69.95
    5GB - $134.95
    10GB - $265.95

    Australia, the continent of the 3gb 'Broadband' Internet

  46. Analog Fallacy by ImaLamer · · Score: 2

    The fallacy is that analog piracy is not nearly as threatening as digital piracy because analog copies degrade with every generation while digital copies remain pristine no matter how many copies are made.

    Have you ever downloaded anything? There is a slight chance that your copy won't work or something has gotten screwed. Considering most pirates may have Cable, DSL or higher, better access - they are likely getting non-corrupted files.

    But! If these digital copies are always so great then how come there is sfv [crc] checking, par files and the rest?

    Digital copies aren't exactly 100% point-click-error free-copying. In both cases better equipment makes for better copies.

  47. The piracy issue is a ruse by PotatoHead · · Score: 2

    I submitted this there as well, just so you all know. I was interested in the responses I might get from either forum.

    First, this is a very good article! I have often thought about this, but never really was able to put it quite as well the author did.

    Second, I would like to add a piracy method to your collection. Pre-release DVD
    screening copies are distributed in advance of an actual DVD release. These
    copies get duplicated, or ripped by someone in the chain then are sold for as
    little as a dollar overseas. The interesting thing is that these screening
    copies are clearly marked as such with additional contact information for those
    viewing them. "If you have rented or purchased this DVD, please call
    1-800-MPAA-NO-COPIES"

    Clearly the quality of the copy has little to do with the incentive for piracy.
    Having viewed one of these, I was surprised that anyone could get anything for
    them at all. The questionable legality of these things is right there in the
    viewing experience!

    Finally, my point. I agree with the basic premise of your article in that the
    RIAA / MPAA proposals will do little to solve the problem. The answer, as I
    see it, has little to do with piracy however.

    I believe the primary motivation behind the increasingly draconian copyright
    legislation is about control and profit. Media conglomerates in general see
    digital technologies as a powerful enabling technologies for "Pay Per View"
    (PPV) delivery. PPV technologies provide long tern annuity profits from every
    item in the catalog. PPV combined with copyright extension and litigation are
    not aimed at protecting anything but profit. If we are forced to get our
    content from the source each time, that source is guarenteed profit for as long
    as their media content is of any relevance to society.

    One more point to consider: Hollywood is not producing new content at the same
    rate it is being consumed. WIth analog media, this is a concern, but not a
    problem. They get annuity profits from the replacement and resale of older
    media. The primary selling point of digital media is long life and high
    fidelity. These present a problem today in that the average purchase may
    likely be good for the lifetime of the buyer. Our rate of media consumption
    is greater than their rate of production. In the near future, if we are
    allowed to own personal digital copies, we will only be purchasing new content.

    The rights we currently enjoy and the long media life will combine, through
    media resale and trading, to sharply reduce the high annuity revenue the media
    industry currently enjoys.

    It is this future loss of revenue that lies behind the current barrage on our
    rights today.

    Their answer will be new formats, and delivery methods designed to lead people
    away from the durable open media we use today. The switch from analog (vinyl
    and VHS) to digital (CD and DVD) made a lot of sense for both sides. Future
    format changes have few advantages for us, and many for them.

    "Of course I could be wrong..." --Dennis Miller

  48. How else to explain this kind of thing? by Crag · · Score: 2

    Stop saying "I defend my right to shoot my neighbor because if I didn't have a gun I'd stab him" and start saying "I defend my right to bear firearms."

    I completely agree that the principles themselves should stand without explination. The problem is that the few people who haven't made their minds up need something to point them in the right direction. The right to bear arms is severely challenged right now, as are many other rights which were sacred to the old white men who founded the US.

    Slashdot has its flamewars, but when we talk rationally we tend to agree on a few basic things which we might be tempted to call common sense. These things are not obvious to the rest of the world, and "because I can do it anyway" is one way to begin explaining why prohibition, strong gun control, extreme intellectual property laws, and other victimless crime laws have never worked and never will. The ones who've made up their minds will trot out their "if it saves one kid" and their "we have to do something", but there's hope for the others, and these arguments are a start.

    There is another element of your post which I should address. Your original point seemed to be that we should be campaining for our rights to do harmless things instead of defending the implied rights to do what might be destructive things. That is, the right to bear arms, versus the right to use them against others. This distinction is also lost on far too many people.

    There are two sides to this. One is the "prohibit everything by default and allow only what is sanctioned" school of security. Why would you want to own a gun? There's nothing good that could come of it. Why would you want to grow that plant? Why would you want to drink that toxin? It's for your own good. This approach to security assumes that the rule-maker knows everything, and that the rules actually restrict the ruled. These are easy assumptions to be trapped in!

    The other side of the lost distinction between freedom to choose and freedom to choose poorly is that people assume that there is a way to elect "better" choosers to make the decions for the "worse" choosers. That is, "we" elect "them" to protect "us" for our own good. The obvious problem with that is that if we are poor choosers we are likely to pick the wrong people. There are many other problems with this, but my post is getting too long and has almost nothing to do with digital vs analog piracy.

  49. Re:Digital is different. by GMontag451 · · Score: 2
    Can you name a tool that can be used for illegal purposes that is illegal in the united states? Crack pipes? Guns? penises?

    Crack pipes are most definately illegal in the US. If you have a crack pipe on you and a police officer finds it, you can, and probably will get charged with Possession of Drug Paraphenalia.

  50. Re:What's the big deal? by GMontag451 · · Score: 2

    There is a fourth group. That is the group of people who "collect" bootlegs. People did it with warez and they do it with movies, TV shows, and music albums.

  51. Enough lawyering by serutan · · Score: 3, Insightful

    This article, while furnishing some interesting info about the numbers, was a sickeningly typical lawyer nitpick. Instead of attacking verbiage with better verbiage, I wish these legal geniuses would address the real issue, which is whether or not copyright enforcement benefits the general public to an extent that justifies taking away other things.

    America has always been big on law enforcement, but there have traditionally been limits, like search and seizure laws and rules of evidence. The rights-ownership industry (we're not talking about creative artists here) appears to think that protecting IP should become the central goal of law in America. Privacy doesn't matter -- it could be used to hide infringement. Innovation doesn't matter -- it could be used to defeat protection. Opensource doesn't matter -- it's an evil socialist plot anyway. Everybody's behavior must be restricted so as to guarantee that people like Jamie "skipping commercials is theft" Kellner get a nickel every time anybody reads, views or hears anything other than their own bodily functions.

    We ought to do follow the advice put forth in some recent article posted here (can't remember the freakin one) that advocated focusing political contributions to defeat legislators who act as toadies to the entertainment industry. Every time a new tendril appears, cut it off. Blacklist the entertainment industry and see how they like it. Does anybody know who Hollings' opponent is going to be in the next election? Send him or her money. Send letters to every other senator notifying them that you are doing this and why you are doing it.

    American politics tends to be a series of one-issue campaigns. Our lawmakers understand that principle very well. Make the defeat of the copyright industry your one issue and let them know it.

  52. Re:Digital is different. by jedrek · · Score: 2

    TS (Telesync). Handheld cam for video

    Telesyncing is actually a pretty 'offical' process, it's one of the more popular ways to convert film to video (where the main problem is the FPS conversion). A pretty standard procedure, but quite a specialized one. In a closed space you project the picture onto a screen and film it off the screen with a camera (like a good Betacam or something).

    Of course, in the pirate world, this just means you stick the camera onto a tripod, hook it up to the sound system and roll.

    I've seen a bootleg Lord of the Rings that's a screener. DVD-quality audio and video

    That's because it was a DVD. A *lot* of Academy members and movie reviewers don't actually go to the cinema, they just sit at home and watch screeners on TV. Now, for years screeners have been VHSes - mainly because... well, that's how it's always been done. Most popular format, and all.

    A year (or two) ago this started changing. Studios realized that most Academy members/reviewers probably have DVD players and would apreciate a DVD more than a VHS tape. So many top oscar contenders (like LotR) came out as DVD screeners.

    I'm sure that there's more than one Academy member ready to make an extra couple of hundred bucks every now and then by letting some guys copy one or two of his tapes. Or borrow his DVDs.

    A bootleg's quality is directly proportional to the time spent creating it.

    A bootleg's quality is directly proportional to the media being copied. You will not make a DVDRip like DivX out of a screener even if you capture each frame by hand. High quality DVDRips take a few hours to do, even if you run a double pass codec on them.

  53. Re:Digital is different.--NOT by hughk · · Score: 2
    Ok, you have ripped it, what will you do with it? 6GB or so of MPEG2 isn't much use to man or beast. You can watch it once, but that is a lot of HD space. Even if you want to keep it just for yourself, that is a problem.

    If you want to dump it out into another format, say MPEG-4 or DiVX, there are a lot of fiddly bits, as regards how to get the best out of lossy compression. A non-action film may compress much better than an action film, trade-offs must be made. However, you can end up with 1-2CDs of data that are quirte viewable. It may take a couple of attempts though.

    --
    See my journal, I write things there
  54. I thought I had seen everything on /. by juliao · · Score: 2
    But let me tell you, you're really not supposed to use the word "hole" right next to something that spells "a-n-a-l-..."...

    What are you trying to do, take /. to new levels?

  55. Re:The scary part by hagardtroll · · Score: 2

    The only remedy to that is to prevent digital copies from a camcorder, even if it is for a legitimate, non-Hollywood content use, such as making low-cost digital copies of the images in a patient's medical record for the benefit of that patient. Sheesh, how about a copy of my daughter's birthday party to send to her grandparents. Isn't that the PURPOSE of purchasing a camcorder?

  56. Re: Might be right about the goal, but.... by King_TJ · · Score: 2

    Despite what the MPAA might hope to accomplish, it'll backfire as long as there are sufficient numbers of independents who desire to create content. As you said, you can now buy a DVD buner for under $400. This was absolutely unheard of until the end of last year. It doesn't burn in the DVD "authoring" format? So what? If the resulting disc plays your recorded work on people's DVD player, that's all the end user cares about. (If it doesn't always work due to compatibility problems, that'll resolve itself as the general public applies pressure for compatibility. People don't just sit back and accept it when products don't work "as advertised" -- and there's an understanding that the DVDs you make can be played back on typical DVD players.)

    To put it quite simply, the MPAA has no way to ultimately control what types of equipment fall into the hands of the public. If they manage to get laws passed that outlaw use of their proprietary equipment, it will instantly become irrelevant. People use formats that they have access to - not ones that they don't.

  57. Re:Not complete without a mention of my Congressma by poot_rootbeer · · Score: 2

    Um, sounds like your district alrady has a party that has a shot of winning -- the Republican party, which has steamrolled Mr. Goodlatte to victory over and over again.

    I agree that voters should not suffer the constrictions of the two-party vote race, but it sounds to me that your district has already chosen a preferred representative in Congress. I'm sorry that he's not who you would have chosen.

  58. Re:Digital is different. by Lonath · · Score: 2

    Hmm. So, if they "protect" themselves, they make it harder for "little people" to create art because the things that record and copy sound and images will be crippled for everyone except the big boys. I don't call that "promoting the progress of the useful arts." If they get rid of computers, it will be much harder to make technological advances because computers are used everywhere to advance society and the sciences. I hardly call that "promoting the progress of the useful sciences." If we took away all devices in the world that were either designed by or manufactured with or include the kinds of machines the copyright industry wants to outlaw, we would be in much worse shape. We would go back to 1950 in terms of technology and freeze the calendar there.

    Remember that the only reason copyright (and patents for that matter) exist is


    to promote the progress of science and the useful arts by securing, for limited time, to inventors the exclusive right to their respective discoveries.


    You can't use copyright to do things that will hinder the arts and sciences. There is no right to "protect yourself". You can get some limited protection if you promote the arts and sciences, but you can't do things that will hurt society by retarding progress just to keep your obsolete business model functioning.

  59. How very sad for you. by dave-fu · · Score: 2

    > But when one CD costs me 3 hours of work (at minimum wage, for us "middle class teens") it's easier to spend an hour looking for a good quality rip.

    And when a Z6 costs me a year and a half's salary, does this justify me spending an hour looking for a good quality Z6 (for me to) rip (off)?
    Kudos for rationalizing your theft, but don't bullshit yourself into thinking you're some kind of freedom fighter because you're stealing. I don't agree with IP/copyright laws in their current state (you may not but it's more likely that it's just convenient to say you don't and hedge your justification) but it's still theft.
    And what's with decrying the $16+ for 9 song pop CDs? CDs are easy to find cheaper (christ... I can walk into a Best Buy and find plenty of fine CDs for $10-$12) than the exorbitant rates some places charge and if people want to buy overpriced crap, let them. Are you one of those folks buying tripe?
    You're still a consumer, just not a paying one.

    --
    Easy does it!
    This comment has been submitted already, 276865 hours , 59 minutes ago. No need to try again.
    1. Re:How very sad for you. by MoneyT · · Score: 2

      And when a Z6 costs me a year and a half's salary, does this justify me spending an hour looking for a good quality Z6 (for me to) rip (off)?

      You missed the main point of my post. The point was consumers will do what is convenient for them. This takes into account all aspects of convenience, including jail time, cost, and "utility" (which defined economicaly is the satisfaction you get from having a product). I am not saying that the theft is in any way justified, but it is the convenient and consumer friendly method. Theft of this magnitude, rationalized the way it is even in the minds of law abiding people only comes about when there is something inherrently wrong with the current system. Though it may not be the best or most legal way to do so, file sharing is society as a whole saying that there is something wrong with the system and they want it fixed. Instead of fixing it, the industry just wants to shut us up.

      --
      T Money
      World Domination with a plastic spoon since 1984
  60. Re:They mention and point to ShareReactor . . . by mlinksva · · Score: 2
    I'm impressed that you've shared 400k files. You must be sharing tiny files or have access to a huge amount of disk (well over a terabyte if your shared files' average size is similar to the average size of shared files (i.e., ~4 megabytes)).

    The current Bitzi catalog/service is in preview mode. It'll be more comprehensive once we get past that stage.

    [disclaimer: I work at Bitzi]

  61. Re:Linking to queries by mlinksva · · Score: 2

    urlview could do that, but I don't know whether anyone has integrated it or similar with mozilla. It'd be cool if browsers optionally aggressively made links out of text that looks like a URL but isn't a href'd. These inferred links wouldn't even need to change the look of the page, e.g., they could be accessible via a contextual menu -- exactly how urlview works inside an xterm.

  62. Comment removed by account_deleted · · Score: 2

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  63. Comment removed by account_deleted · · Score: 2

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  64. Comment removed by account_deleted · · Score: 2

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  65. Re:Digital is different. by Fulcrum+of+Evil · · Score: 2

    Or go to Japan, with its stricter gun control, where some guy cut up a class full of children with a kitchen knife. It's not the guns, it's people.

    --
    "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"