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Jack Valenti's Views On The Digital Age

ditogi writes "The Harvard Political Review did a quick interview with the lord of darkness himself, Jack Valenti. He gives his thoughts on government mandated copy prevention, fair use, and lobbying. In response to his famous 'VCR is [to the movie industry]...as the Boston strangler is to the woman home alone.' quote, he responds, 'I wasn't opposed to the VCR.' And what does he think of his current job? 'I think lobbying is really an honest profession.'" My favorite quote: "In the digital world, we don't need back-ups, because a digital copy never wears out. It is timeless." Update: 02/05 20:05 GMT by T : Derek Slater writes "I'm the author of the Valenti article you guys linked to. I've made some brief comments about it on my site, and figured I'd send them along."

14 of 440 comments (clear)

  1. a shed by Spicy+Bisquit · · Score: 5, Insightful

    If Jack Valenti had his way back in 1982 (he almost did as the Sony BetaMax case went all the way to the Supreme Court) we wouldn't have VCRs today, Blockbuster wouldn't exist and 50% of Hollywoods income wouldn't exist.

    The guy is a knob.

    1. Re:a shed by mccalli · · Score: 5, Funny
      If Jack Valenti had his way back in 1982...50% of Hollywood's income wouldn't exist.

      Hmmm...

      OK, I've switched sides. I'm a fan now.

      Cheers,
      Ian

    2. Re:a shed by stratjakt · · Score: 5, Insightful

      Blockbuster, and ONLY blockbuster would exist. (We have that now through special deals with BB/Hollywood video, the mom & pops are dead)

      They werent opposed to selling you movies to watch in your own home, they were opposed to a free market distributing those movies.

      Thats where the whole crap about they sell 'liscenses' to the movies come about. Legally you can lend, trade, give away, or sell a videotape, but since the movie it contains is only liscensed to you for a particular purpose (personal viewing or rental) you cant.

      But in the digital age, apparently he feels we should not be able to protect those 'liscenses' we bought. Or he maybe thinks our liscense is only valid so long as the medium the movie came on is in working order?

      Is anyone stupid enough to believe a DVD is indestructable? My 8 year old single-handedly destroyed 2 of them this weekend alone. Does she no longer posess the liscense to view 'Shrek' because she stepped on the DVD, or can she watch the backup I made of it?

      --
      I don't need no instructions to know how to rock!!!!
  2. And by inference by mcSey921 · · Score: 5, Funny

    'VCR is [to the movie industry]...as the Boston strangler is to the woman home alone.' quote, he responds, 'I wasn't opposed to the VCR.'

    From that quote then we can also infer he wasn't opposed to the Boston Strangler. Maybe he is the "Prince of Darkness".

  3. Why? I don't know. by Dugsmyname · · Score: 5, Insightful

    We're breeding a new group of young students who wouldn't dream of going into a Blockbuster and putting a DVD under their coat. But they have no compunction about bringing down a movie on the Internet. That isn't wrong to them. Why? I don't know.

    Nowhere in this article did I find any mention of turning "Bringing down a movie on the Internet" into a viable business model.

    People download movies becasue it is easy, convenient, and fast.

    Attach a cost.

    Keep it easy.

    Keep it convenient

    Make it fast.

    and it could become a viable business model for the future...
    The music industry still hasn't gotten the clue, maybe the movie industry still has a chance before it eaten alive by Kazaa, IRC(for the moment), and other file sharing applications.

  4. Dear Jack by xXunderdogXx · · Score: 5, Funny

    Dear Jack,

    I work at the bank where your financial information is stored. We were considering backing up your jillions of dollars but decided after hearing your comments that the information is secure because it is digital.

    Have a nice day,
    A fan

  5. "Fair use is not a law" by TheFrood · · Score: 5, Informative
    From the interview:

    HPR: The MPAA has backed several bills mandating copy prevention technologies. Critics have lambasted these bills for curbing consumer's "fair use" rights, including the ability to make back-up copies. How can we balance the interests of consumers and the movie industry?

    JV: What is fair use? Fair use is not a law. There's nothing in law.


    Bullshit, Jack. It's right here: US Code: Title 17, Chapter 1, Section 107.

    TheFrood
    --
    If you say "I'll probably get modded down for this..." then I will mod you down.
    1. Re:"Fair use is not a law" by Thud457 · · Score: 5, Insightful

      JV understands, like GWB, that if you repeat a lie often enough, the sheep eventually swallow it.

      --

      the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  6. replacing VHS tapes for generations? by Bloodwine · · Score: 5, Interesting

    My god the VHS tape is barely over 20 years old, but you'd think the way he talks people have been breaking VHS tapes and buying replacements for over 100 years.

    Also I never knew it was illegal to copy VHS tapes that you already owned. All the FBI blurb at the begining of almost every U.S.-made movie says is that it is illegal to copy for distribution or showing in front of an audience. I guess he could get the legal eagles to define 'audience' as one or more people or pets.

  7. Valenti is unaware of copyright statutes by yerricde · · Score: 5, Informative
    Jack Valenti said:
    What is fair use? Fair use is not a law. There's nothing in law.

    He obviously has not read Title 17, United States Code, the statutes that specify copyright law in the United States. If he had, he would have seen section 107, which tells the judge what four factors to look at.

    And one of the four factors is commercial exploitation. Nothing from nothing leaves nothing. If a work is out of print or otherwise not being exploited, then it'd probably be possible for a defendant's counsel to argue that by taking the work out of print, the copyright owner has admitted that the work has negligible market value, that unauthorized copying could not possibly diminish the market value, and that the use of such material is more likely to be fair.

    --
    Will I retire or break 10K?
  8. So what? by stratjakt · · Score: 5, Insightful

    What's his point here?

    "What is not fair use is making a copy of an encrypted DVD, because once you're able to break the encryption, you've undermined the encryption itself."

    So what if I've 'undermined the encryption'?

    I do know what the DMCA says about it. But it's absurd and wrong that they can wrap a patent around something that copyright law won't let them accomplish.

    Through their own legal battles against used sales and mom & pop rental places, they've made the point that I'm purchasing a liscense to the content. Where is the liscense (if there is a standard one)? Is there a term anywhere that says the liscense is tied to the medium and the encryption somehow?

    Also I take issue to this quote:

    "We're breeding a new group of young students who wouldn't dream of going into a Blockbuster and putting a DVD under their coat. But they have no compunction about bringing down a movie on the Internet. That isn't wrong to them. Why? I don't know."

    This is bullshit. 'Young students' surely do know right from wrong. They know getting a movie (or video game or album) they haven't paid for is wrong. They also know it isn't theft, but a copyright infringement. I just hate his insinuation that we're not only criminals, but stupid.

    --
    I don't need no instructions to know how to rock!!!!
    1. Re:So what? by stratjakt · · Score: 5, Insightful

      You must not understand the difference between civil law and criminal law. Let me summarize.

      Copyright infringement is a TORT. A tort is a civil wrong. You can be SUED by the person/persons on the other end of the tort. The other party brings the lawsuit, the goverment merely acts as an arbitrator to settle the lawsuit.

      Theft is a crime. You are charged with a crime, and prosecuted by the state or federal government.

      Theft, more accurately, is the act of depriving someone of real physical property. If you take a DVD from blockbuster, blockbuster has 1 less DVD to sell/rent.

      If you rent the dvd and copy it and return it, no real property has been lost. But you have broken the rental agreement, and committed a civil wrong. Both blockbuster and the copyright holder could sue you. You may be liable for damages, but you have not comitted a crime, and are not a criminal.

      So, the MPAA is in the position of having to sue everyone they think might have copied a movie. This isn't feasible.

      Lo and behold, the DMCA makes it a CRIME to circumvent a technological measure put in place to limit your access to digital media. Copying a DVD is still perfectly legal, but decrypting the CSS to be able to do so is a crime.

      So no more wasting their own money to protect their copyrights. They get to waste taxpayer money sending the feds out doing their dirty work for them.

      --
      I don't need no instructions to know how to rock!!!!
  9. Backups...we don't need no stinkin' backups! by Slightly+Askew · · Score: 5, Funny

    Local Man Arrested For Violence At Bank

    Police Tuesday arrested a local man at a Bank of America branch. Jack Valenti, 46, was charged with assault and attempted robbery for beating the bank president with a spindle of blank CDRs and attempting to take cash from the teller's drawer. According to the teller, Mr. Valenti became upset when he was informed that, due to a computer error, his account had been closed. Due to recent changes in the bank's policies, the IT staff ceased making backups of the bank's data. When asked about the policy change, the IT manager, who appeared to be choking back laughter, said, "We recently changed our backup policies in light of statements made by Mr. Valenti himself that digital information was timeless and, therefore, did not need backed up. The bank president read that interview and told us he could no longer justify the cost of daily tape backups."

    Mr. Valenti is being held on $50,000 bond. His lawyer declined our request for an interview. In similar news, the RIAA has filed suit agains Bank of America for copyright violations. When asked what evidence prompted the suit, a spokesdemon replied, "They had CDRs, didn't they? What more evidence do you need?"

    --
    Public use of any portable music system is a virtually guaranteed indicator of sociopathic tendencies. -- Zoso
  10. An Answer for Valenti on CD's by jimsum · · Score: 5, Insightful

    I was surprised to discover that Valenti is also concerned about the music industry:

    "The music industry now is suffering nine, ten, fifteen percent losses in revenue. When you compound that over the next three or four years, the music industry is dead. I don't see a future for it. After awhile, who's going to produce it?"

    I think I can answer his question. I suspect that the same producers will still be available if the music industry dies; I doubt that all the producers will be killed.

    I think the question he really wanted to ask was "who's going to PAY to produce it?" The answer right now is that the musicians themselves pay to produce; the record companies just front them the money. If the musicians become about as popular as Britney Spears, they can earn enough to pay back the production costs out of their royalties.

    So the question really is, who is going to front the musicians production money when record companies can no longer make obscene profits from their control of music distribution?

    There are some possible answers to that, which I'll illustrate from experiments done by one of my favorite groups, King Crimson. The band owns its own record label, and they make 10 times as much money per copy on the CD's on their own label, compared to the CD's that they license the Record companies to distribute. Even if the current music distribution system collapses along with Valenti's predicted collapse of record companies, then independent record companies can still use their distribution methods.

    Although King Crimson is a popular enough band to be able to provide their own production money, only their new releases are sure to make back the money. They also have a scheme for paying the cost of producing CD's from old concert recordings. They ask their fans to front them the money by contributing to an account, from which they buy for the CD's that they want from the ones that are produced.

    Musicians and producers will survive the death of the current music industry. More and more musicians are bypassing the current record companies because of how badly they are being ripped off. I am confident that music will still be produced because either the artists or their fans will be able to front the production costs. If the big multi-national record companies no longer monopolize the distribution and promotion systems, I think you will find that the artists themselves will be able to take over. After all, the current system is really only helping the small number of hugely popular acts that dominate MTV. All other acts are simply getting screwed by the current system, which charges them for all the costs, but gives them only a tiny percentage of the earnings.

    --
    -- Pot is safer than Beer