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Shocker: Despicable Conduct From Disney

An Anonymous Coward writes: "Phil Lelyveld, (email) a Vice President for Disney, has written to the FCC to tell them to ignore Digital Consumer's comments on the Broadcast Flag issue. The Broadcast Flag is an inter-industry conspiracy to turn over the keys to general-purpose computing to Hollywood studio execs -- under this proposal, no one will be able to ship digital television technology (like DVD recorders and FireWire) without Hollywood's permission. Lelyveld wrote to the FCC -- who are taking comments on the proposal -- without mentioning his day-job, to tell them that Digital Consumer, a civil liberties groups with more than 40,000 members, is nothing more than a "two dot.com millionaires" working to create a world "where we are all artist/waiters." Joined the EFF Yet? (or is it time to renew?) Update: 12/06 14:55 GMT by M : Lelyveld is not a lawyer. Here's a summary of his background.

30 of 428 comments (clear)

  1. Applicable Quote by Anonymous Coward · · Score: 5, Interesting

    There has grown up in the minds of certain groups in this country the notion that because a man or a corporation has made a profit out of the public for a number of years , the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary public interest. This strange doctrine is not supported by statute nor common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped ,or turned back, for their private benefit.

    I'm not sure who said it. But it sure does apply.

    Also,


    Q: Just a small detail....How do you propose artists, producers and promoters be remunerated for their efforts?

    A: I don't claim to know the answers. But one can at least say, however the market chooses to remunerate them. Look, technology was what enabled musicians to reproduce cheaply and for a mass market in a way that enabled them to make millions in the first place. Now, technology has made it so easy to reproduce stuff that there's no reasonable law that can be made to halt it being distributed freely. To me there's no normative conclusion to be drawn. It just is what it is. And I think it's not so bad.


    Same deal. I don't know who wrote it but it sure does apply :)

    1. Re:Applicable Quote by Paul+Menage · · Score: 5, Informative
      There has grown up in the minds of certain groups in this country ...


      I'm not sure who said it. But it sure does apply.


      A judge in Robert Heinlein's short story Life-Line. It's part of the Future History series, and anthologised in various places, including The Man Who Sold The Moon. It's talking about a scientist who's created a machine that will tell you the precise moment of your death, and he gets sued by a bunch of life insurance companies, since by consulting him, people know exactly when to start investing in life insurance policies ...

      (Oh, and the original doesn't appear to have the words for their private benefit at the end.)

    2. Re:Applicable Quote by opencity · · Score: 5, Insightful
      There has grown up in the minds of certain groups in this country the notion that because a man or a corporation has made a profit out of the public for a number of years , the government and the courts are charged with the duty of guaranteeing such profit in the future.

      The same could be said about oil and munitions.

      But one can at least say, however the market chooses to remunerate them.

      As a tech-savy musician, I saw Napster coming way ... uh ... back in the day. I also know a lot of roadies, audio techs and graphics people that get a lot less work lately. Music was over valued, now it's going to be undervalued. If you build castles made of sand, don't complain about the tide

      Today I saw a promo on TV about guys who had big time tech jobs and were now delivering pizza. Internet skills were over valued, now they're going to be undervalued. How many programmers does the world need? Labor is always devalued systematically, and US and Euro tech workers are now going to compete more and more with an entire world of poorer people


      First they came for the Jews
      and I did not speak out
      because I was not a Jew.
      Then they came for the Communists
      and I did not speak out
      because I was not a Communist.
      Then they came for the trade unionists
      and I did not speak out
      because I was not a trade unionist.
      Then they came for me
      and there was no one left
      to speak out for me.

      Pastor Martin Niemoller
      --
      Physics is like sex: sure, it may give some practical results, but that's not why we do it.
  2. Lawyers by SemiBarbaricPrincess · · Score: 5, Funny

    You gotta love lawyers.
    But consider the alternative; if we don't keep lawyers busy they become politicians. *shudder*

    --
    Those who would live more than one life must die more than one death.
    1. Re:Lawyers by Zoop · · Score: 5, Funny

      You gotta love lawyers.

      Yeah, gotta love 'em. In fact, you have to love them. Actually, we are under a specific and legally-binding obligation to love them, with severe penalties for alienation of affection.

    2. Re:Lawyers by genka · · Score: 5, Funny

      I think it is time to realize that lawyers are humans like you and me. Some are assholes and some are hard-working honest people.
      I agree with this statement. 98% of sleazy lawyers make the whole profession look bad!

  3. Where, oh where, is this substantiated? by drom · · Score: 5, Interesting

    Where exactly is proof that this really happened? All I see is a bunch of links to digitalconsumer.org, some government sites, and nothing substantiating any email from anyone.

    Don't get me wrong, I dislike the MPAA as much as the next guy, but still, this is pretty unjournalistic. Even submitted by an AC? With email on the frontpage of /.? Looks like someone has a bone to pick with this guy.

    --

    --
    python -c "import string,re;print string.join(map(lambda x:chr(string.atoi(x,36)),re.findall('..','2z2t2x36
  4. Disney by Tempelherr · · Score: 5, Insightful
    Well, apparently Disney and Hollywood itself seem to have the ultimate goal of controlling the consumers and their end of it and more. The amount of time and money spent on all of that must be exhorbitant.

    Just think...if just half of their effort that was spent on influencing government regulations were focused on truly making artistic/good movies, think of the truly creative products they could come up with, isntead of rehashing old ideas. Especially with Disney's latest movie, which did rather horrible at the movies. I can see why.

  5. Surprise, surprise by Evil+Adrian · · Score: 5, Insightful

    I'll probably get trolled for this... but c'mon, folks, the whole attitude in the United States is "ME! ME! ME!" and people will get what they can, however they can, and the more they get, the more they can rationalize and justify putting any ethical considerations aside.

    So who's surprised that a big company like Disney is sending some fucking lawyer to do clandestine dirty work for them in the name of profit?

    --
    evil adrian
  6. hmm by hawkedwards · · Score: 5, Funny

    "two dot.com millionaires" Are there that many left?

  7. Lelyveld's comments by Anonymous Coward · · Score: 5, Informative
    Lelyveld's comments can be found here.

    Here's the text:

    DON'T SELL OUT TO MILLIONAIRES CLAIMING TO REPRESENT THE PEOPLE

    ! DigitalConsumer.com is two dot.com millionaires claiming to represent "the people." They represent nothing more than a free website. We need the Broadcast Flag in place so that REAL PEOPLE who spend their lives creating content can work in a sustainable business environment where they can get paid for their work. We do not want to live in the world DigitalConsumer.dot is trying to create for us, where we are all artist/waiters.

    Please SUPPORT the broadcast flag effort.

    Phil Lelyveld

    1. Re:Lelyveld's comments by imadork · · Score: 5, Interesting
      DigitalConsumer.com is two dot.com millionaires claiming to represent "the people." They represent nothing more than a free website.

      Now everything makes sense! In our Capitalist society, everything that's Free is Devoid of Value. DigitalConsumer.com is "nothing more than a free website", after all. People who offer something for free can't possibly have an intelligent opinion, or else they'd be using their intelligence to make more money!

      I hope we all appreciate the humor in criticizing a site which claims to represent "consumers" for being free (and not offering something overpriced for consumers to spend money on...)

  8. Where did Lelyveld say this? by Darkforge · · Score: 5, Insightful
    As others have commented, the story submitter provided no links to the offending document; no evidence that Lelyveld has written anything despicable to the FCC.

    Interestingly, Google has (as of yet) no mention of the phrase "where we are all artist/waiters."

    Are we supposed to believe that the story submitter a whistleblower of some kind? Or what?

    --

    When I moderate, I only use "-1, Overrated". That way, I never get meta-moderated!

    1. Re:Where did Lelyveld say this? by millette · · Score: 5, Funny

      Luckily for us, news.google is much better then a montly update. Try the same query with google's news engine, I promise you will find the phrase "where we are all artist/waiters." :)

      http://news.google.com/news?hl=en&q=%22where+we+ar e+all+artist%2Fwaiters.%22

      There, happy now?

  9. Digital Slaves by katalyst · · Score: 5, Insightful

    What's happening to this planet ?
    (1) You can't buy a cd/dvd/firewire product w/o permission.
    (2) Taxi drivers have to pay royalty if their passengers listen to radio.
    (3) New audio cds which will not work on standard audio equipment, but only on PCs with security locks.
    (4) The DMCA which just abt doesnt let you comment/work on any digital product.
    (5) Billing Kazaa users - no small amounts either
    (6) MP3 compression usage now demands a royalty fee.(br) These people seem to be forgetting that they exist because of us, the customers. And they are trying to upset those very people that help them stay in business. These guys are trying to push us into a corner and will probably start charging us for the air we breathe... soon. It disgusts me, and OPEN SOURCE makes all the more sense to me. Looks like there is gonna be a war... on intellectual property and rights.. soon.

    --
    |/________
    |\A|ALYS|
    1. Re:Digital Slaves by Martigan80 · · Score: 5, Insightful

      These people seem to be forgetting that they exist because of us, the customers

      Interest groups, that's all it is. These businesses are interest groups with a hell of a lot of money to get the government to see things their way. There are barely any interest groups for consumers. Do you know why?

      People just want to bitch a little and that's it. It takes the average Joe/Jane too much time to get active; they would rather sit down and surf, watch TV, or even just vegetate rather than driving somewhere for a meeting or to even write a damn letter. I bet more than half the people here will bitch all they want, mod people up or down-but writing a letter takes too much time. This is where abrasive idealists like Stallman come in trying to rally up the masses and get moving. If you look at it we are an interest group here, how many people are here? I'm sure there are enough to really get some things done if we just banded together and tried it out, hell we can see how fast we can bring down a web site after the article is posted, just imagine if we did this on a constant basis.

      Ring-ring-ring-ring.....OH crap I'm late for work.....clunk!

      --
      This SIG pulled due to lack of funding. (This damn war is costing too much!)
  10. Right here... by ryman · · Score: 5, Informative

    This required a little digging (on a site linked to from EFF's Broadcast Flag site), but should've been linked to by the submitter.

    --
    "We are far too easily pleased." --C.S. Lewis
  11. Re:Why the focus on Disney by Anonymous Coward · · Score: 5, Insightful

    For years, a large amount of Disney's revenue has come from dipping into the public domain, i.e. Cinderella, Snow White, Robin Hood, etc. If anyone truly understands the value of public domain, it is Disney. When it comes time for Steamboat Willy to enter public domain, Disney pulls out the pocketbook and buys itself some legislation.

    These lawyers aren't taking the initiative without direction. There have been numerous Disney lawyers doing this for the past thirty years.

  12. Re:Legal virgins? by Raiford · · Score: 5, Funny
    You know the comparison between the lawyer and a catfish:

    One is an ugly, scum sucking, despicable bottom-feeder and the other is a fish.

    --
    "player 4 hit player 1 with 0 stroms"
  13. View from the other trench by USC-MBA · · Score: 5, Interesting
    For those of you wondering what the "enemy's" take on all this is, the MPAA's site has their description of Broadcast Flag here. My favorite part:
    "It is unfortunate that some people may attempt to illegally hack or break into this security system. However, even if a few are successful, the flag will not be worthless. Most people are honest and will not attempt to circumvent the flag. We are hopeful that the broadcast flag will enable content providers to release more of their programming in HDTV format and drive the market forward providing new options for consumers. Consumers should not lose out just because there is threat against the technology"
    As if Broadcast Flag existed to benefit consumers instead of purely protecting the interests of media corporations.

    The problem faced by the EFF and like organizations will be convincing the public that they are not a bunch of .mp3-trading IP thieves. They are up against the deep, deep pockets of the entertainment industry, and faced with a credulous public which, as a rule, follows blindly along with the flashiest commercials (or most effective marketing campaign, as we were taught in b-school). I sincerely hope the EFF will be able to put a responsible face on digital copying and fair use issues, and will not end up looking like amoral war3z kidd33z

  14. Re:Why the focus on Disney by Alsee · · Score: 5, Insightful

    don't necessarily chastise the guy for enforcing what he believes to be right.

    Since when does what a lawyer says have anything to do with what he believes?

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  15. his email by sPaKr · · Score: 5, Funny

    Mmmm.. I LOVE the SMELL of FLAME war in the Morning. Posting his email address.. nice touch.. ssshh...."What was it?", "A disturbance in the network.. it felt like a 100,000 flames hit a Disney lawyers mbox.. and then silence"

  16. Re:Legal virgins? by bakes · · Score: 5, Insightful

    I second the endorsement of the EFF ... but shouldn't we be above throwing money at a problem? ;-)

    Especially when Disney/Fox/AOL-Time-Warner/etc have far more money than the EFF can rustle up. Don't get me wrong - the EFF is surely worthy of support - but you won't beat these guys at their own game.

    Write letters to, or telephone, the FCC and tell them what you want. Get petitions signed and send them in. Explain clearly and eloquently why you want the opposite of our good buddy Phil. Venting of the spleen usually accomplishes very little to further your cause, and can often prejudice people against your argument.

    --
    Ho! Haha! Guard! Turn! Parry! Dodge! Spin! Ha! Thrust!
  17. Look! He admits it! by knodi · · Score: 5, Informative
    I quote
    In my spare time, I monitor the web for new technologies and trends, track the goings-on of many 'consumer advocate' groups, and quietly work with my compatriots on proposals to create the entertainment industry of the future.
    Sound shady? Nah... Who could mistrust a proud member of the Rockland High School Academic Hall of Fame? Hey everybody, sign his guestbook @ http://www.ryze.com/view.php?who=pblelyveld His job at disney is not as mere IP attorney. He's actually the VP of Digital Industry Relations. I agree it's unethical not to mention your affiliation like he did, but read his job description of his first position at Di$ney
    Lelyveld joined Disney in 1997 as director, Digital Industry Relations. In this role, he worked with the company's business units on a wide range of initiatives in advanced television, digital cinema, emerging media and content protection.
    This guy's not a flunky or an overzealous marketeer (like mouseketeer? hah!). He's a professional. (last quote from http://laughingplace.com/News-ID10005230.asp)
    --
    Austin is more fun than Dallas.
  18. Re:dollars by djupedal · · Score: 5, Insightful

    I think you're confusing marketing and mass production with the ability of a single individual. Don Henley can't sit in his studio and burn CD's by the millions, now can he? But he can put up a website, with 10 or 20 MP3's, and let me use PayPal to download the ones that interest me. Can Don make money this way? Depends on his overhead and success with his fans. Can he get stinking rich? Not until the corporate stench leaves the room, no.

    The major houses have no qualms about taking advantage of any artist they sign. None.

    Anyone that imagines I can cause pain to a recording artist by duplicating his/her CD at home needs to study the economics of the recording industry just a bit closer. I worked in that industry just long enough to decide there was nothing glamorous about the way signed artists are treated.

    My point is this...the houses make a profit any way they can. I make a statement any way I can. One of us can sleep at night.

  19. DON'T SELL OUT TO MILLIONAIRES by StrawberryFrog · · Score: 5, Interesting
    The text says DON'T SELL OUT TO MILLIONAIRES CLAIMING TO REPRESENT THE PEOPLE

    That would also do well as an anti-Disney, RIAA, MPAA etc. slogan.

    --

    My Karma: ran over your Dogma
    StrawberryFrog

  20. The last day for FCC comments is TODAY! by jms · · Score: 5, Informative

    It wasn't mentioned in the article, but the comment period ends TODAY, Dec 6th. It was originally supposed to end on October 30th, but was extended to today.

    If you want to submit your opinion to the FCC on this matter, and have them read and consider it, today is your last chance.

    The digitalconsumer web page for sending comments is here.

  21. Re:Lost Government by Gonarat · · Score: 5, Insightful

    We lost control when
    1. Congress became a full time job
    and
    2. When it started costing Millions of Dollars to run for office.


    When the Federal Government started, Congress was not a full time job. Representatives came to Washington to take care of business, then went back home to Represent. As time went on, being a Representative or Senator went from a service position to a full time job. While this may not seem to be a big issue, it has lead to career Congress People (I don't know any 100 year old Congress People *Strom-cough*, do you?).


    The biggest problem today is the amount of money it takes to run for office. A Representative has to run every 2 years, so that means they must come up with Millions to run every even-numbered year. A Senator has it a little better, their term is 6 years, so they have more time to raise the Money.


    The result of these costs is that to run for Congress, one must raise the funds to run campaigns. A major source of these funds are (surprise) major Corporations. Most Congress People are not going to do anything to upset those who have helped them get elected -- and since most Slashdotters do not have megabucks to donate, that means we are ignored.

    --
    Beware of Sleestak
  22. Another Applicable Quote by ginbot462 · · Score: 5, Interesting

    When they took the fourth amendment, I was quiet because I didn't deal drugs.
    When they took the sixth amendment, I was quiet because I was innocent.
    When they took the second amendment, I was quiet because I didn't own a gun.
    Now they've taken the first amendment, and I can say nothing about it.

    --
    Atlas Shrugged : Thematic Story :: Battlefield Earth : Organized Religion
  23. He's being honest, you know. by twitter · · Score: 5, Insightful

    When he says, "We do not want to live in the world DigitalConsumer.dot is trying to create for us, where we are all artist/waiters." He really means it. Phil Lelyveld would hate to have a real job and do things for people. He does not want to live in a wold that does not sustain his and a few select others ability to rape everyone else.

    --

    Friends don't help friends install M$ junk.