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Directors Counter-Sue Movie Bowdlerizing Company

crazyhorse44 writes "The lesser of two evils? 'The Directors Guild of America is suing more than a dozen companies that delete scenes depicting violence, sex and profanity from Hollywood films, saying the process violates federal copyright law. The lawsuit, filed Friday in Denver, was a response to a suit filed last month by Clean Flicks of Colorado, which is part of the Utah-based rental chain Clean Flicks. The company had asked a judge to rule its practice legal, despite protests from several well-known directors, including Robert Redford and Steven Spielberg. Clean Flicks argues it doesn't violate copyright law because it purchases a new copy each time it edits a film and because customers are technically owners of the videos through a cooperative arrangement. The edited tapes also carry a disclaimer that the film was edited for content, the company says.' Whose side to take? The DGA is defending the desecration of many of our favorite films, while Clean Flicks is strongly advocating for the copyright rights of the consumer to edit and/or alter the media that they purchase. At the extreme you have folks who want to eliminate all traces of sex and violence from the popular media against the movie industry who wants to eliminate all property rights of the consumer. Whose side would you take? Links at Salon, USA Today and FindLAW." We've had previous stories here and here.

53 of 817 comments (clear)

  1. A poll? by compacflt · · Score: 4, Interesting

    This would be a good story to base a poll on!

    My vote is hung, can't decide.

    Compaclft

  2. While I'm not generally a fan of copyright law... by Corvaith · · Score: 3, Insightful

    I think, on this one, they're solidly in the right.

    Sure, people have a right to not be exposed to that sort of content. They're free to find other movies to watch, ones that mesh better with their ideals. The idea that they have some sort of right to take a knife to someone else's work... and then /market/ that... seems idiotic, to me. I'm hoping the directors win.

    Now, I have no problem with people doing their own editing. The main issue, as I see it, is that all these little companies are making money off of the destruction of someone else's creative vision. And that... just sits very badly with me.

  3. Question is... by Anonymous Coward · · Score: 5, Funny

    is there a sister company called Dirty Flicks, which makes films consisting solely of all the bits they cut out?

  4. Whose Side by alistair · · Score: 5, Insightful

    "At the extreme you have folks who want to eliminate all traces of sex and violence from the popular media against the movie industry who wants to eliminate all property rights of the consumer. Whose side would you take?"

    This is an easy one, you quite clearly take the side of the consumer, even though in this case you may not agree with their use of their rights. Free speach is to be supported, even if no one person could support, say, the racist and anti-racist uses that this may be put to. So first you support the fundamental principle and then you critisise those who would use that right for what you may consider to be "the wrong ends".

  5. What's the problem? by hol · · Score: 5, Insightful

    C'mon - this is not an issue. I will happily take the side of someone arguing for end-user rights. Full stop.

    Just because a company who is willing to defend this right decides to sanitize films for overprotective parents does not make them less worthy of it. Further, the fact they make those sanitized films puts me under no obligation at all to be their customer.

    We should be supporting them if we agree with the goal of making copyright law more sane, and protecting the right to use products that we purchased, not questioning what they do with that right.

    --
    - - - Non Caffeine Drink or Drink Error
    1. Re:What's the problem? by Tet · · Score: 3, Interesting
      We should be supporting them if we agree with the goal of making copyright law more sane, and protecting the right to use products that we purchased, not questioning what they do with that right.

      Speak for yourself. I don't support them, and I don't believe you should either. Despite all the bile that's been spewed up here, this has nothing to do with end user consumer rights. No one is attempting to restrict personal editing here. The changes aren't being made for personal use. What they're objecting to is a commercial company modifying and then reselling (or republishing, if you like) their copyrighted work without their consent. That seems a pretty reasonable objection to me. After all, you don't expect Readers Digest to be able to publish an abridged version of a book without the consent of the original author and/or publisher. So why do you expect Clean Flicks to be able to do it?

      --
      "The invisible and the non-existent look very much alike." -- Delos B. McKown
    2. Re:What's the problem? by NoMoreNicksLeft · · Score: 5, Insightful

      I'm saving a copy of this post to use as an example, as proof, so that when someonoe claims a low userid implies some sort of wisdom, I can show this and shut them up.

      Me, I have trouble understanding why anyone would ever want to watch half a movie, or for that matter, the worst half of it. I'd object if they tried to force me to watch it, or criminalized the search for an uncut version.

      You on the other hand, want to force people to watch parts of movies they'd rather not watch. Hell, you want to do this even when it might violate their religious practices in addition to their civil rights.

      You see, you can't ask someone to edit their own movie, that they'll later watch. It kind of defeats the purpose, if you have to first watch the parts that you are trying to avoid watching. Duh.

      Not to mention, it penalizes those that don't have the skill to edit it themselves.

      Or interferes with a private transaction between two individuals when one is selling a legal service to the other. Think about it. If I hire someone to rip pages out of the Reader's Digest for me, what right does anyone have, to interfere?

      And, as for the original slashdot question, I'll go to bat for the goody2shoes consumers on this one, no hesitation. The sad part is, even with a fair judge, CleanFlicks is dead as a company. That's what I hate about the judicial system in this country... the penalty isn't something imposed after you lose the case, it's the trial itself.

    3. Re:What's the problem? by mlong · · Score: 3, Insightful
      Hey moron, since when are people forced to watch a movie they don't want to watch?

      He was specifically referring to personal editing. The original poster said nobody is preventing the customer from editing it theirselves, and the reply was that it would defeat the purpose if the customer had to watch it first (to edit it out). Maybe you should read instead of insulting people?

      --
      //m
  6. Who's side? by RumGunner · · Score: 3, Insightful

    You're either "FOR copyright facism" or "AGAINST censorship." I think I'll choose against censorship.

    I think we've had more than enough puritanism. If you don't want your kids to see violence or sex, don't show them the bloody movie. Read them a book or something. Or would that be too much work for parents?

    .

    1. Re:Who's side? by SmokeSerpent · · Score: 3, Insightful

      Its not censorship if you choose not to view something, whether by averting your eyes or by hiring an agent to cover them for you. No one is being forced to view the "sanitized" version instead of the original.

      --
      All kings is mostly rapscallions. -Mark Twain, The Adventures of Huckleberry Finn
    2. Re:Who's side? by evilviper · · Score: 3, Insightful

      Is that like "Heads I Win, Tails You Lose?" You've said that someone must either be FOR the studio's right to prevent editing, or you must be AGAINST people doing editing.

      For one thing, it's not censorship. There are plenty of movies today that come in an "R" rated version, and an Unrated version. So when you see that there is an "R" rated version, is that what you consider to be censorship?

      Can you understand that someone might not want to watch the sex and gore? Do you understand that people under 18 do not have the right to watch, listen, or read anything explict unless their parents choose to allow them to do so?

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  7. As long as proper age restrictions are there... by Jugalator · · Score: 4, Interesting

    I've always wondered why censorship is needed if proper age limits are set. Perhaps the discussion shouldn't be whether we can see the movie without censoring or not, but if they have the proper age restrictions. I've found it strange that here in Sweden, we have the highest normal restriction at an age of 15 when we are minors until 18. Still, movies with extreme violence are shown without problems to 15 year olds. Heck, I'm sure 14 year olds can watch the movie without too much trouble as well.

    When we have the "proper" age restrictions (where it's another story to decide how to set them), I definitely think we should have no censorships. I can decide what to watch and not. If I had bad experiences from an extremely violent movie, I would never think "Oh, why didn't they protect me from that scene by censoring it!?" but instead "Why did the director keep that unnecessarily violent scene".

    --
    Beware: In C++, your friends can see your privates!
  8. Hubris by quintessent · · Score: 5, Insightful

    The studios release differing versions of movies for a number of purposes:

    TV
    airlines
    for release in different regions

    They release "unrated" versions of movies like American Pie on DVD.

    Yet, somehow when consumer groups ask for versions of videos that are more "family friendly" (say, the same versions they provide for TV or airlines), the studios turn their noses up.

    Finally, people get fed up with this and someone begins to profit by providing what people are asking for. The studios realize that someone else is making a profit and turn their lawyers loose.

    1. Re:Hubris by Corvaith · · Score: 3, Interesting

      Maybe their efforts would be better turned, then, towards making movies that don't have violence and sex as a part of their plotlines, as so many do today? (The ones that it's not a part of the plotline, it generally takes up so much space anyway that you'd probably end up with a five-minute short if you cut it all out.)

      If you don't like what's in a movie, you're within your rights to not watch that movie. There are good movies out there that don't have all those elements in them. Your desire to not see anything violent does not mean that Peter Jackson has a responsibility to cut out all the battle scenes in Lord of the Rings in order to let you watch it.

      Nor does it mean that another company should be able to change Jackson's work to better suit your tastes.

      I think more movies without the overload of sex and violence that we often see today would be a great thing. I don't think that gives third parties the right to cut out all the bits they don't like and then re-market films that they don't own the rights to.

  9. Obvious comment... by weave · · Score: 5, Funny
    Broadcast TV does this all the time.

    btw, I'm almost tempted to buy Pulp Fiction from them. I think the entire movie would be about 5 minutes long -- the scene where honey bunny is talking about blueberry pankakes.

    Nah, scratch that, they aren't married and are in a hotel together. OK, the boring cab scene.

    "I'm American, our names don't mean bleeep"

  10. Re:This *is* a tricky one... by JaredOfEuropa · · Score: 4, Interesting

    Not tricky at all from the side that matters: the public's side. People who want movies without the profanity and whatnot now have a choice. The rest of us can still rent the smutty versions at our local video rental. This is not censorship, and it isn't any different from TV stations editing out naughty bits or beeping out cusswords.

    --
    If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
  11. The Phantom Editor may be the next one sued by phr2 · · Score: 4, Insightful

    People are in a huff about Clean Flicks because what's being edited is sex and violence, which gets one side yelling "smut!" and the other side "censorship!". But really, if it's what the viewer wants to watch, cutting the sex scenes out of doesn't seem worse than cutting Jar Jar Binks out of Star Wars 1. Best of all (but probably not feasible) would be if the edited movie was delivered as an edit list on the same media (e.g. DVD) as the unedited original, so the viewer would always be able to choose which version s/he wanted to watch. The edit list would just tell the player to automatically skip parts of the movie, if the user enables it.

  12. How can this even be a question? by C64 · · Score: 5, Insightful

    If you really feel that watching a movie the way you perfer it even though it differs from the original presentation is wrong, well, listening to a CD outside of it's original presentation on the CD is wrong, too.

    For all the babbling that goes on here at Slashdot about fair use, for someone to even question what ClearFlicks is doing is "right" really blows my mind (Well, it would if this weren't Slashdot).

    Do I like what they're doing? No.
    Do I have plans on buying movies from them? No.
    Is it wrong for people to do what they want with their PROPERTY for their own private use? NO.

    I'm sorry, but you can't have it both ways people - either you agree that we have our fair use rights, or we don't. So what if someone is doing something that you feel is Bad(tm) on artistic grounds? It's their choice to make - let them waste their money how they see fit, just as I should be allowed to waste mine as I see fit.

    No one's forcing me to watch their bastardized verion of a movie - I see no reason someone should be forced to watch the original.

    1. Re:How can this even be a question? by Corvaith · · Score: 3, Interesting

      It's suddenly private use when you start renting them out to other people, and selling them?

      Funny, that's not generally what I consider private.

      It's one thing for, say, a mother with some A/V experience to edit out a few scenes she doesn't want her son seeing. It's another for a business to edit things out and then sell them.

    2. Re:How can this even be a question? by spun · · Score: 3, Insightful

      Have to agree with Revery. Corvaith, and all you other sloppy thinkers out there, wise up. You can't have your cake and eat it, too. If you want rights, you have to defend those rights in all cases.

      In ALL cases. Laws, and basic rights, don't just apply to me, and those I approve of. They apply to all, equally, or they are worthless.

      So I will defend a Nazi's right to come to my town and march. I hate Nazism and all it stands for. I will go out with picket sign and bullhorn to meet them. But I will defend to the death their right to say what they want.

      On a more personal note, I lost sight in one eye, due to being mugged in Seattle. I wouldn't want people of the ethnicity that did it to me pulled over and searched at random.

      Because I don't want to be searched at random. It's my right as an American. That means it's every American's right, not just for people of the same skin tone as me.

      If I want to buy a bunch of porn, and edit out all the boring bits, would you want to stop me?

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  13. Lets Be Reasonable by Cyberllama · · Score: 5, Insightful

    Who does it hurt if people want to purchase (rent) a mutilated copy of a movie to watch? While I think most would agree they are short-changing themselves, I hardly see how this could be hurting anyone else. A legitimate copy of the movie has been purchased, so Royalties have been paid. A disclaimer is shown so people don't blame the inevitable crappiness of the movie on the directory. Honestly, I ask, what is wrong with this?

    I frankly don't see any victims(other than the suckers renting this watered-down crap). And if you do see a problem with this, What about other movie edittings (I recall a certain edit of Star Wars Episode 1 that was rather popular involving, or should I say lacking, in a certain Mr. Binks)?

  14. Could quickly get hairy... by fleeb_fantastique · · Score: 4, Insightful

    Anyone remember Woody Allen's _What's Up, Tiger Lily_ film?

    He took a terrible Japanese film and redubbed it with his own words to make the film considerably more enjoyable. Pretty heavy editing, that could have gotten him in some kind of trouble if Hollywood manages to succeed in their bid to keep people from editing movies.

    Then there's Mystery Science Theater 3000...

    --
    And so it goes.
    1. Re:Could quickly get hairy... by poot_rootbeer · · Score: 3, Informative


      Mystery Science Theater 3000 (and, presumably, similar "reworkings" of films such as What's Up, Tiger Lily and Steve Oedekerk's horrid Kung Pow) exist because the producers of them got permission from and/or paid a license fee to the original copyright owners.

      I have no objection to people creating their own derivative works based on movies they have bought. But I don't see how a for-profit company can justify doing that without the permission of the original copyright holders. The "we don't actually OWN the movies, we just perform the service of editing them" defense seems pretty flimsy to me and I wouldn't expect it to hold up in court.

  15. Can this be a chance to overturn MAI Software? by phr2 · · Score: 5, Interesting
    MAI Software was the ridiculous decision that by loading a program from disk to RAM in order to run it, you're making a temporary copy, and therefore need further permission (in the form of agreeing to an obnoxious EULA) before you can run a program you buy.

    Clean Flicks is presumably copying the original film in the course of making its edit. If they win this case, it shows that such temporary copies aren't infringement after all. That could get rid of the MAI ruling, which would in turn make a lot of awful EULA's unenforceable.

    I am supporting Clean Flicks on this one.

  16. This is not censorship: Go Clean Films, Go! by pvanheus · · Score: 5, Insightful
    "At the extreme you have folks who want to eliminate all traces of sex and violence from the popular media against the movie industry who wants to eliminate all property rights of the consumer."

    No, this is a clear misstatement of what's going on here. Clean Films, etc, are not removing anything from "the popular media". They're producing an alternative version of the popular media, for consumption by their customers.

    In the past, the US-based religious right has launched verbal attacks on Hollywood. The response of many people to the religious right's arguments has been that if you don't like it, don't go and see it. Now, Clean Films are providing a third way: you can now see a version without the bits you don't like (a bit like the "Phantom Edit" does for Jar Jar Binks haters).

    What Clean Films is doing is in fact an example of the classic liberal remedy for "bad speech": more speech. For myself, Clean Films' products, like "Christian Rock", will no doubt be aesthetically unpleasant. But I applaud their creativity in finding another way forward besides the bigoted "Clean Up Hollywood" crusades of the past.

    The Director's Guild's actions here are plain and simple attempts at control, in an era when the technology has opened up new avenues for participation in popular culture. They're trying to maintain a simple "push" model of production, and a extremely simplistic and philosophically untenable notion of the director as solitary "creative genius". I REALLY hope they lose this one.

    P

  17. As usual: follow the money by ites · · Score: 3, Insightful

    This discussion has nothing to do with 'artistic control'. It is about money.
    The studios do not like a third party assuming any kind of editorial control over their content.
    Someone has discovered a good market and is making money from it.
    The studios are suing to try to regain control. As usual, Hollywood is reacting to events instead of leading them.
    It is hard to sympathise with either party here: the studios are using lawyers instead of their imagination.
    Clean Flicks are acting like mullahs. But no-one is being forced to chose their versions. Maybe a better comparison would be DJs who remix other's music.
    The obvious solution is for the studios to give consumers the choices they want and are willing to pay for.
    Knowing Hollywood, this is unlikely to happen fast.

    --
    Sig for sale or rent. One previous user. Inquire within.
  18. How about pr0n? by NightWhistler · · Score: 4, Funny

    So let's get this straight: the directors want you to watch every part of the movie, just because they made it?

    So when I watch pr0n I can't fast-forward the 'dialogs'?
    Better start stocking up on good books... ;-)

    --
    PageTurner Reader: open-source e-reader for Android with cloudsync. http://pageturner-reader.org
  19. ...as much as I despise the practice... by jdbo · · Score: 5, Interesting
    ...of censoring films, I have little problem with this "in concept", as it is voluntary on the part of the renter.

    In practice, however, I get a sinking feeling in my belly at the idea that censored versions of "cultural works" (movies, books, whatever) will be going into wide distribution (not sure how wide, but certainly wider than it currently is should this be judged a legal practice). this uneasiness is compounded by the realization that community pressure will push people towards only renting from the "nice store" that doesn't push "dirty movies" (yes I'm caricaturing, but social pressures _do_ work this way).

    I would much prefer that the original version of the movie be distributed on DVD, along with a DVD playlist that can be used to playback a "niche audience" version (similar to "play widescreen/fullscreen").

    I see this as actually being a significant enough market that some sort of modified DVD player that accepts a separate CD (containing one or many "alternate cut" playlists for a film) could be a strong seller, with several bonuses:
    • variable cuts could be made for different community standards (some people don't like sex in movies, some don't like violence. some don't like both, some are OK with both, but hate the dirty words. this system could serve all of these groups without having to dub multiple copies for each audience, or use complex controls (and no, it is not reasonable to ask someone to update a text-based config file in order to watch a movie. sheesh.)
    • the "closeted" uncensored-movie viwer (living in areas where the censored store is the only video outlet) could watch their PG+ fare with impunity
    • the studios can't claim distribution-based copyright infringment, and (once more) the original cut option is still there...
    • unlike the 100 posts discussing how one could do this using DeCSS + misc. linux utilities, this could be watched on a home entertainment system without having to deal with the fershluggin' computer.
    • no generation-loss transfer issues

    As far as this case goes (IANAL etc. etc.), I see the achilles heel as being the cooperative ownership aspect. That seems to fall right in the zone of judicial judgment (please correct me if I'm off), and the entertainment industry has all those scary lawyers who know exactly which judges to push the case in front of, not to mention plenty of other dirty tricks.

    (In short, both sides suck, and everyone should listen to me.)
    1. Re:...as much as I despise the practice... by anomaly · · Score: 3, Insightful

      The problem is that the producers of this content are not interested in the marginal revenue that could be generated by producing edited versions of their creations. Sadly, this leaves a gap in what people want to view as compared with the products that are offered by the studios. As a result, people turn to a company that is offering what consumers want. I have no issue with cleanflicks in this case.

      --
      But Herr Heisenberg, how does the electron know when I'm looking?
  20. Censorship vs. DRM? Hardly! by silentbozo · · Score: 3, Interesting

    The slashdot blurb is misleading - the DGA represents the directors, not the corporations - hence the crap about robbing consumers of their rights by pushing DRM is complete hogwash. What we have here is a bunch of people who want to watch the latest movies, but who are unwilling to watch the whole thing (due to hang-ups about sex, violence, etc.) They want to live nice "clean" lives, and don't want to see the movie as the director intended.

    Lacking the know-how to do it themselves, they happily employ the services of this company, which has made big inroads among certain communities, and is making this business of chopping films for consumption very profitable. It's getting to the point where the movies the directors make are not getting to the end audience they way they intended.

    Traditionally, the way the directors handled these cases was pretty much - tough, that's my film, if you don't like some of the material, you're welcome not to watch. It was up to the individual. Here, you have what arguably is a distributor (the "co-ownership" agreement aside, which I would argue is purely a legal device), dictating what the audience sees.

    "So what?", you say? "The audience wants them to edit the films for them!" Well, there are several different takes on this issue, so let me re-frame the situation. People want web-filters to block "unsuitable" sites as well. Does that mean we should support web-blocking, since the blocking only happens by request of the end-user? Perhaps.

    What about a bookstore with "sanitized" versions of popular works? Would you support that, even though it violates the writer's moral rights (after all, you have changed their work WITHOUT their permission.) Some of you would probably find that distasteful, or even disingenuous.

    Personally, I find the practice disturbing. It's bad enough people choose to ignore history and reality, without enabling a practice that effectively filters out ideas and images, on popular media. What's next? Editing out minority populations (language and violent situations are already a casualty on movies and cartoons screened on network and even cable TV), replacing dialogue, or even characters?

    Yes, much of this already happens with the blessing of the media companies (partially because they want to cater to this restrictive audience.) The directors gripe and grumble, but in the end, they can try and deliver DVDs and Videos that capture the vision of what they wanted to deliver. This service takes that control away, and puts it in the hands of a third party censor, who then effectively controls the vision of what is seen by this particular population.

    In the end though, I guess what really bothers me is the attitude that these people have. It's the kind of attitude, I want to consume all I want, but I don't want to deal with the consequences of my consumption. Or, to rephrase it for these folks, they hate Hollywood and everything that it stands for, but they want to be entertained anyways. Arguably a good business opportunity, but not one that I would personally support. :P

  21. Re:GPL by OrangeSpyderMan · · Score: 5, Insightful

    I don't remember directors releasing movies under GPL, so why should anyone be able to tamper with their work?

    I genuinely believe that I should be able to do what I want with a product once I've bought it, as long as I do not tred on the toes of the person I bought it from.

    Example: I buy a book. I should be allowed to lend it to a friend, tear pages out, write notes in the margin, strike out paragraphs I don't like or aren't interesting to me. Hell I should even be able to sell or give away my copy because I freakin' paid for it. People may not want to buy my copy if I've torn pages out or struck out certain paragraphs but if they know I've done this and still want to buy it then no-one should try and stop them buying it or me selling it.

    --
    Try NetBSD... safe,straightforward,useful.
  22. Tyler Durden Inc. by Perianwyr+Stormcrow · · Score: 3, Funny

    No, see, the bizarro version of Clean Flicks would obviously be a company that splices frames from pornography into "family" films.

    --

    What we call folk wisdom is often no more than a kind of expedient stupidity.-Edward Abbey

  23. Re:While I'm not generally a fan of copyright law. by sql*kitten · · Score: 5, Insightful

    Now, I have no problem with people doing their own editing.

    What Clean Flicks do is nothing more than provide a service editing movies that their customers own. Really, buying from Clean Flicks is no different from renting time in an editing suite and hiring someone to show you how to operate it.

    The main issue, as I see it, is that all these little companies are making money off of the destruction of someone else's creative vision

    By that argument, so is any company that makes equipment allowing someone to edit any tape. All Clean Flicks do is facilitate; it's not as if they are editing, then reproducing the edited movie without the studio getting paid. Every copy they sell is owned.

    And that... just sits very badly with me.

    The question is: do you own the movie, or just the right to watch the movie? If the studio retains control of the media, then that means you only have an license to watch the movie, you don't own it. Clearly that is an indefensible position: if it were true, and you damaged your copy, the studio would replace it for no more than the cost of duplication. That doesn't happen, which suggests that there is plenty of precedent for the movie being owned by whoever buys it, and thus they are free to do with it as they please.

  24. I really hate this place sometimes by Anonymous Coward · · Score: 5, Insightful

    I am usually proud of being a geek, and I've worked quite a bit at trying to fight geek stereotypes throughout my life, but for God's sake it is exactly this kind of story that makes me embarassed to be part of this community.

    How can anyone here seriously take the position that the consumer is wrong here? After all our fights against the DMCA and DeCSS and GPL code that supposedly empowers us, why is this community suddenly getting cold feet when someone decides to use those rights to produce a product that we happened to find silly?

    I mean, really, isn't this the kind of behavior that we should be encouraging? The religious right sees a bunch of movies that they don't like. And for once, their reaction is to simply fix what they find wrong for viewing within their own community of interested viewers. They aren't trying to get movies banned; they aren't trying to get YOU to stop going to the movies. They aren't even asking you to watch their edited version of the movies! (Though, of course, you are free to do so if you wish.) Isn't this exactly the kind of consumer-centered decsion making that we are supposedly fighting for? Wouldn't you prefer this solution, rather than this group trying to somehow force their edited-down versions to be official?

    Besides, where was all this sudden concern over the sanctity of movies when geeks were making spoofs like TIE-tanic, or recutting the Star Wars trilogy, or making any of the thousand Star Trek "lost episodes" by putting new dialog to old footage? Oh, but someone uses this same technology and allowance of law to recut a movie in a way that you happen to not care for, and suddenly you're on the side of the RIAA?

    Please.

  25. Re:While I'm not generally a fan of copyright law. by Corvaith · · Score: 4, Insightful

    I happen to be a sometimes-writer, and I have good friends who're far more serious about it than I am.

    By your token, because I buy a book, I should therefore own all the contents of the book. This is the reason that copyright law exists--to protect the people who create things.

    Cleanflicks obviously has to be making a profit off of this, or else they wouldn't be in business. (Well, one assumes, though you can never tell anymore.) If they're making a profit, they're making that profit because of the work of the people who created the movies... while not respecting that those people created a specific vision. Yes, sometimes that vision includes violence. You have plenty right to go see something else.

    Ooh, I know. I'm going to go buy a bunch of big long books and cut out all the violence and sex and maybe the boring passages, too, and re-sell them. Of course, I'm not going to stop to ask the author what they think of this; it's my right to free speech, right? Forget the rights of the original creator. Forget, for that matter, their feelings, or that they're even human beings at all, because it's so much easier to think of them as the Evil Movie Industry whose sex and violence are so damaging to our precious little children.

    In personal use, you're not making money for doing it. You do it for yourself, your family, sure. When you start doing it to make a buck, then you're doing the very thing that copyright law is designed to prevent.

  26. Re:misrepresenation the issue - software analogy by danny · · Score: 3, Insightful
    almost none of the companies that use apache source code market it as apache

    Exactly. And nor should people be distributing modified versions of (say) Pulp Fiction as Pulp Fiction, not unless the director is ok with it. That's just straight-forward misrepresentation.

    What is the difference between Clean Flicks and the fast forward button?

    The fast forward button is private, Clean Flicks is not.

    Note that I'm not saying people shouldn't be free to modify, parody, etc. films as they feel free - I just don't think copyright is the only issue.

    Danny.

    --
    I have written over 900 book reviews
  27. CleanSlashdot (Re:Side against the directors...) by Lars+Arvestad · · Score: 5, Funny
    In order to provide a child friendly SlashDot environment, I have taken the liberty to improve Critical_'s comment. Please mod down the original. Thank you.

    Unfortunately, these days I wouldn't be surprised. Why? Most media has gone way too overboard. Sure, when I'm with the guys its fine but if there are little kids even around in the house, I don't want to. Movie houses such as these allow movies to be played without the worry of junior sneaking around when watching such films at night.

    Anyway, I fail to see. How is hollywood gonna stop me now? Oh wait, some DVDs don't allow you to time advance!

    --
    Reality or nothing.
  28. Re:Anime fansubs? by Saxerman · · Score: 3, Informative
    As a member of a group that creates and releases fansubs I can tell you that we exist inside a very murky area of the law. We only distribute subs of anime titles that have not yet or will not be released in the US. Once an anime title is released in the US we stop distributing the work. This is for a copy of reasons. The primary reason is that before a title is released over here the copyright holder is in Japan and therefore does not have a US copyright on their work. Once the copyright holder sells the rights to allow some other entity (including themselves) to distribute in the US they now have a duly authorized US copyright holder. Its a pain in the butt for a Japanese copyright holder to attack a bunch of fanboys in the States. Its business as usual for a US company to get us.

    On top of this we have a fairly good relationship with the major anime distributors in the US. Primarily because we DO stop distributing titles once they're released. Before release we're giving them free advertising. After release we're cutting into their profits.

    So we do NOT have the right to distribute fansubs, but we're tolerated as long as we play fair. This status will likely change if Anime continues to become more popular and more money is involved.

    --

    A steaming cup of soykaf would be real wiz right now.

  29. Re:While I'm not generally a fan of copyright law. by spongman · · Score: 5, Insightful
    i think what he's saying is that if I buy your book then I should have the right to rip a page out. And I believe that under current copyright law I am alowed to do that. Further, I should be able to pay someone to do that for me: perhaps I'm disabled, or as is the case here, I'm not an expert in ripping pages out of books.

    If the director's case is uphelpd, then wouldn't it also be a breach of copyright to sell any book that didn't contain each and every letter it originally contained?

  30. Re:While I'm not generally a fan of copyright law. by Bishop · · Score: 5, Insightful

    What you describe is exactly what copyright is designed to prevent. Modifieing a copyrighted work for profit. "Adding value" to an original copyright work is not covered under fair use.

    Regarding value added software: In such cases the value added reseller has permission from the copyright owner to resell the value added version. Obviously this is the opposite of the Clean Flicks case.

  31. Re:While I'm not generally a fan of copyright law. by Hope+Thelps · · Score: 5, Insightful

    By your token, because I buy a book, I should therefore own all the contents of the book.

    Yes, that's right. If I buy a book and I want to tear out pages or cross through the boring bits or color in the pictures or fold over the corners where the dirty bits are, or write in the margin why the author was wrong... yes, I can do all that because it's my book.

    This is the reason that copyright law exists--to protect the people who create things.

    Copyright law prevents me from copying your works, it doesn't (or shouldn't) stop me tearing out the pages in copies made with your permission and purchased by me.

    Cleanflicks obviously has to be making a profit off of this, or else they wouldn't be in business. (Well, one assumes, though you can never tell anymore.) If they're making a profit, they're making that profit because of the work of the people who created the movies... while not respecting that those people created a specific vision.

    That's right, just like I can buy a car, respray it, replace the seats and resell it. Oh no, profiting without respecting a 'specific vision' how terrible. If you don't want me to modify a car don't sell it to me, clear?

    Yes, sometimes that vision includes violence. You have plenty right to go see something else.

    Yes, including the right to watch the bits of this I like and not the bits I don't.

    Ooh, I know. I'm going to go buy a bunch of big long books and cut out all the violence and sex and maybe the boring passages, too, and re-sell them. Of course, I'm not going to stop to ask the author what they think of this; it's my right to free speech, right?

    Yes, go ahead.

    Forget the rights of the original creator

    No, they keep all their rights intact. What's that got to do with you mutilating the books you own?

    Forget, for that matter, their feelings, or that they're even human beings at all, because it's so much easier to think of them as the Evil Movie Industry whose sex and violence are so damaging to our precious little children.

    What are you on? This has got nothing to do with them being evil. By all means respect their feelings BUT people really really are entitled to buy books and burn them specifically to hurt the feelings of the author if they want to. No, not pleasant, but hard to believe though it may be hurting people's feelings isn't a crime and I hope it never will be.

    In personal use, you're not making money for doing it. You do it for yourself, your family, sure. When you start doing it to make a buck, then you're doing the very thing that copyright law is designed to prevent.

    Rubbish. Copyright law was about protecting an income stream in order to encourage the creation of works. It was never about protecting people's feelings from people who were making money without
    "respecting their vision". The idea is completely without foundation.

    --
    To summarise the summary of the summary: people are a problem. ~ h2g2
  32. TV ads and changing content by radja · · Score: 3, Insightful

    if TV networks can insert ads in a movie (I highly doubt the director meant for those tampon commercials to be in there), then cleanflicks can remove offensive content. both change the content. I fail to see the difference.

    --

    No one can understand the truth until he drinks of coffee's frothy goodness.
    --Sheikh Abd-Al-Kadir, 1587
  33. Re:This *is* a tricky one... by rhysweatherley · · Score: 3, Interesting
    This is not censorship, and it isn't any different from TV stations editing out naughty bits or beeping out cusswords.
    One of my favourite all-time movies is The Breakfast Club. I loved that movie, growing up in Australia. It was always shown in its original four-letter form.

    One time, when I was visiting the US, I had the unfortunate experience of watching it on TV with all the naughty words altered. It completely ruined the emotional impact of the movie.

    Such editing should not be done without the permission of the director. Not by Clean Flicks, and neither by TV stations.

  34. Apply the "would I care if it happened to me" test by Rogerborg · · Score: 4, Insightful

    Let's imagine that you've just made a small film on a shoestring budget. For the sake of argument, let's say that it's a biting socio-political expose of the corruption in industry and goverment.

    Now here comes Microsoft. They buy copies of your film, redact the parts that they don't like, and release them with your name on it, and slap on little "Edited to remove adult themes" stickers.

    If they have the marketing muscle to make their version more readily available than yours (and they do), then they can de facto change what you said. Sure, if they're buying a copy of your original every time they sell a redacted version then you make money, but perhaps that wasn't your intention. By bringing money into it - whether you ask for it or not - they also paint you as a whore ("We've already established what you are, now we're just discussing price"). They can simply buy your rights away from you, even if you don't want to sell.

    That's perhaps an extreme example, although you can take it further (what if they start adding scenes?). But it illustrates the limits of fair use rather nicely. While I'm fiercely in favour of individual fair use, I do not believe that fair use covers commercial editing and duplication, simply because allowing it for arguably good intentions opens it up to abuse for rather henious ones as well.

    --
    If you were blocking sigs, you wouldn't have to read this.
  35. Re:But there IS no conflict, only an apparent one by weslocke · · Score: 5, Interesting

    Hmm... don't get it.

    Censoring someone else is NOT an exercise of free speech, but an infringement of it. You have every right not to watch a film if you don't like it's content, but that does NOT mean you can chop out what you don't like and then redistribute it.

    So this means that I can sell a copy of Ender's Game (Great book by Orson Scott Card, btw) on Ebay (Since I bought it) when I'm done. But since the shower scene was disturbing, I ripped those 5 pages out. So now I can't sell it?

    You're telling me that the only way I could get rid of this book is by throwing it away then? Aren't you forgetting the fact that I would be clearly letting people know that those pages are gone, and that those people would actually have to come to me to get this copy with a brutal murder removed from the book?

    Is it censorship when the people viewing the material have to make an effort to have it that way? Or is it simply a matter of choice for them? They'd rather watch a hacked up movie than one with those scenes in... You and I wouldn't want to, but then again we wouldn't be patrons in this store in the first place.

    But fair use doesn't ever permit you to redistribute any copy of the film to anyone else, regardless of whether there is any profit at all, because it's NOT YOUR FILM. It's only your COPY of the film. Possesion of the copy doesn't give you the right to edit the original work.

    Hmm... you can't redistribute originals of the materials you buy? Did you check that out?

    They go buy a tape. They edit that tape. They sell/rent that tape. Selling/Renting copies is not a factor here.

    Personally, I'm squarely on the side of the rental store.

    1) They bought the tapes, they can do with them what they like short of selling/renting copies of those tapes.
    2) They aren't pushing for censorship of the source material (unlike 5,000 other groups out there). They have their own 'acceptable copies' and quietly rent those out to people of like minds.
    3) They aren't forcing their views on others, indeed customers have to seek them out.

    After all, what are they doing that a fast-forward button in the hands of some evilly moralistic moviewatacher couldn't do?

    --

    'Life is like a spoonful of Drain-O, it feels good on the way down but leaves you feeling hollow inside'
  36. Service OK, rental and sales are not by gaj · · Score: 3, Insightful
    Seems to me that offering to edit movies that people have already purchased is beyond reproach. As an owner of a copy of a movie, I should certainly be able to make a "clean" version to watch with my family. If I can do it myself, I should be able to contract another to do it for me.

    Rental and sales of already edited movies is another thing entirely. Just as I should not be able to edit The Lord of the Rings, then sell it, and just as I should not be able to change Perl to no longer have regexes and still distribute it as "Perl", I shouldn't be able to edit out the good bits of a movie and distribute the movie. Unless, of course, I got the permission of the copyright holder.

    Fair use is good. Further, Cleanflicks could still stay in business, albeit with a change of focus to the editing business. Further, with appropriate automation, they should be able to turn things around nearly as fast as if they just stocked edited movies. I think preserving the distinction between stocking edited movies and actually producing an edited version of the owner's copy is important.

  37. Not obvious at all... by Microsift · · Score: 3, Insightful

    Broadcast TV gets permission to do this, therein lies the difference.

    What I'd really like to see is Clean Flicks version of The Fountainhead. Would they remove the scene where Roark destroys the buildings he designed because someone else altered his design?

    I wish these people would edit the sex out of their own lives, it would do wonders for the gene pool!

    --
    My other sig is extremely clever...
  38. Re:While I'm not generally a fan of copyright law. by poot_rootbeer · · Score: 4, Insightful

    If I buy a book and I want to tear out pages or cross through the boring bits or color in the pictures or fold over the corners where the dirty bits are, or write in the margin why the author was wrong... yes, I can do all that because it's my book.

    Granted. But what if you want to sell that book later? Is it still the same book you bought?

    Used college textbooks sell for 1/2 to 2/3 of the price of new texts, even if they're the same edition and only a single semester old, for this reason: by applying your edits to the book, you're decreasing its value to anyone but yourself.

    That's right, just like I can buy a car, respray it, replace the seats and resell it. Oh no, profiting without respecting a 'specific vision' how terrible. If you don't want me to modify a car don't sell it to me, clear?

    A car is not a copyrighted work. Your analogy is poor and misleading.

  39. Re:While I'm not generally a fan of copyright law. by siskbc · · Score: 4, Informative

    Dunno if you've been to college at all or recently, but any student I knew would much rather buy a used textbook - not only because they were cheaper, but because if the prior owner was at all intelligent, then it really reduced your workload by the book being well-highlighted. New books almost never sell until the used ones sell out. So the edited version has more value.

    In the movie example, how would clean flicks stay in business if they decreased the value of the movie? They buy a movie at standard retail and sell it for more. And obviously they have customers. That's the definition of value-added.

    A car is not a copyrighted work. Your analogy is poor and misleading.

    A car may not be copyrighted, but it's fairly irrelevant, because there's no part in copyright law that prevents resale (Used record stores still exist). There's also no part that says "upon resale, work must remain intact." So, since copyright law makes no guarantee of creative integrity, the car sees the same protection under law: ie, NONE.

    So I'd say the guy's analogy looks pretty good.

    --

    -Looking for a job as a materials chemist or multivariat

  40. Designs and Copywrite by GoofyBoy · · Score: 3, Informative

    A car is not a copyrighted work. Your analogy is poor and misleading.

    Actually a car is. Its standard to do this with any sort of design which alot of work has been put into, like a design for a building.
    If it wasn't, you can be sure there would be tonnes of fake, cheap, imported Corvettes running around.

    --
    The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
  41. Re:While I'm not generally a fan of copyright law. by VivianC · · Score: 3, Insightful

    Granted. But what if you want to sell that book later? Is it still the same book you bought?

    Used college textbooks sell for 1/2 to 2/3 of the price of new texts, even if they're the same edition and only a single semester old, for this reason: by applying your edits to the book, you're decreasing its value to anyone but yourself.


    You seem to be opening a whole new can of worms. If you sell a book that you have torn pages from or written in, should that be illegal? You say it is of less value? What if Jim Morrison wrote poetry in the margins? Isn't that more valuable?

    And what about the used book sellers? They are buying used books and reselling them at a profit and the author never sees a dime. How many times can you resell Darwin's The Origin of Man before it's worn out? Should the publisher be paid for each resale?

    --
    Viv

    Gmail invites for ip
  42. Re:Apply the "would I care if it happened to me" t by Chops · · Score: 4, Insightful
    A more accurate analogy would have them slapping "edited to remove socio-political expose" stickers on the side (since Cleanflicks seems to be honest about what they're doing.) Oh, and also "they" are the tiny shoestring operation (Cleanflicks), and "you" are Microsoft (Hollywood) -- your entire analogy hinges on the editing people being powerful enough to displace the "untainted" copies in the marketplace, which simply isn't happening here.
    They can simply buy your rights away from you, even if you don't want to sell.

    What rights are those? If you don't want someone cutting up your movie, and possibly reselling it, don't sell them a copy. That goes whether "them" is Joe Blow or Microsoft.
    commercial editing and duplication

    What duplication? You seem to be talking about situations that do not exist.
  43. Re:But there IS no conflict, only an apparent one by cpt+kangarooski · · Score: 4, Insightful
    You own a copy of the book, which for your own use you may do what you like, but you can't alter the content, then sell it, no.


    That's an absurd comment to make. First Sale doctrine protects your right to alter copies of works you have bought, e.g. tearing pages out of a book. First Sale doctrine protects your right to resell a copy of a work you have bought, e.g. selling a used book.


    Are you so stupid that you are seriously telling me that I can only do one of those at a time? Seems so!


    Here's a nickel, kid -- don't bother coming back to talk about copyright issues till you've read up on the law.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.