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MPAA Sued Over DVD Screener Ban

bigjnsa500 writes "Fourteen small movie houses are suing the Motion Picture Association of America (MPAA) trying to stop the ban on DVD 'screeners'. 'It will chill the financing of independent films by limiting the awards they can receive', say the plaintiffs, who include Talking Wall Pictures, Sandcastle 5 Productions and Salty Features. They feel they are being treated differently because several 'specialty' indy film shops are still allowed to send out 'numbered, encoded videocassettes' to Oscar voters. This ban was issued by MPAA President Jack Valenti initially to stop the illegal distribution of DVD screeners on the Internet."

22 of 265 comments (clear)

  1. Well maybe they should by Anonymous Coward · · Score: 2, Insightful

    ...call this a hint and a half that they shouldn't be members of the MPAA?

  2. Define "screeners"... by hungryfrog · · Score: 4, Insightful

    From the context I'm assuming these are pre-release copies, but the article shouldn't have assumed that all /. readers would instantly recognize this term.

  3. Re:I'd rather... by akiaki007 · · Score: 5, Insightful

    Or better yet, over the 15 minutes of TV commercials and consumer product commercials we're forced to watch at the Movie Theatre that I just paid 10$ to go to in order to watch a movie.

    --
    "Time is long and life is short, so begin to live while you still can." -EV
  4. canned response by happyfrogcow · · Score: 2, Insightful

    Rich Taylor, an MPAA spokesman, said the lawsuit is misguided because the reason for the ban was "to reduce piracy and to preserve the motion picture industry for filmmakers, both large and small."

    What a numbscull. He never stopped to think that the ban was misguided. We can only expect such responses I guess.

  5. Idiots! by sulli · · Score: 2, Insightful

    Just quit the MPAA and be done with it!

    --

    sulli
    RTFJ.
  6. Re:MPAA: Typical American nonsense by Anonymous Coward · · Score: 0, Insightful

    Glad you don't live here too!

    Freedom does not mean "pretty" buddy. If we have not already bombed your country already then we will probably be there to save it from someone that is. Like we have done to 100's of others all over the world. If it was not for the US you would be speaking German or Japanese.

    Dumb ass! You can thank us now ;-)

  7. Seems like me by SargeZT · · Score: 2, Insightful

    This is reminiscent of the Microsoft Monopoly Lawsuits. The small corporations/movie studios are pissed because the large corporation is making sure they never get off the ground. I know there are glaring differences, but then again, who the hell cares?

    --
    And why did you staple the trout to the RAM?
  8. Re:Silly MPAA by Fancia · · Score: 2, Insightful

    But if the film was being reencoded to another format when being ripped, wouldn't that bit change? And wouldn't single-pixel changes possibly be distorted when the frame is reencoded?

    --

    Bít, zabít, jen proto, ze su liska!
  9. Re:I'd rather... by palp · · Score: 4, Insightful

    I'm pretty sure the reason for this is that the movie companies take such a large percentage of ticket revenue that the theaters have to find any way they can to make some money.

    --
    -palp
  10. It's all getting out of hand by freeweed · · Score: 5, Insightful

    I went to an advance screening last night for the first time in 5 years or so.

    Printed on the back of the ticket was a 10 line disclaimer/EULA/warning about bringing in any "electronic recording equipment", claiming that my attending means I agree to have it confiscated if they find it (yeah, unsigned contracts always hold up in court!).

    When we got to the theatre, we had our bags thoroughly searched (this is a leather attache case btw, and I was dressed in a suit and tie). They also ran a metal detector over us, and our bags. It was quite honestly as invasive as an airport screening area.

    Then, when we sat down, the promotors did their shpiel, gave away some prizes, and went on a several minute tirade about how we shouldn't steal movies, we're hurting artists, etc. Anyone caught with a camera will be ejected and possible criminal charges brought against them. And (get this) if you see anyone else with a camera, please notify us immediately.

    Finally, the movie starts, and I get to listen to another idiot telling me that downloading a movie is no different than stealing a chocolate bar.

    I've never, ever felt more like a suspect in my life. After last night, I can understand why Blacks in the US complain about supposed random stops on the freeway. In fact, I almost expected a few police to be on hand.

    Of course, for fun I poked around on Kazaa last night, and lo and behold, the movie was there. All it takes is one person, you morons, and inconveniencing and/or pissing off the MILLIONS of people who pay to see your movies is NOT a good way of doing business.

    This is the final straw. It was bad enough last week seeing Master & Commander, and those damn brown spots were all over this one scene with mostly light-coloured backgrounds in it, so all I could do was sit there and think "Ok, enough with the dots!" and then lose track of what was going on with the movie.

    I can't honesly see myself paying for another movie again, if this is how I'm going to be treated.

    Oh, and in case anyone's curious, this happened in Canada. I guess we have our own MPAA equivalent here, or their reach is just that long.

    --
    Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
    1. Re:It's all getting out of hand by Anonymous Coward · · Score: 1, Insightful

      > All it takes is one person

      And the chances are pretty good that the one person happens to be a major stakeholder in the business -- someone the studio wouldn't want or be able to go after. Someone who could say, "OK, Mister Spielberg, let's say you pipe down, and maybe you can continue to use Panaflex lenses for your little pictures."

      It's not just that there are inside jobs, it's that the insiders seem to be BIG insiders.

  11. Re:I'd rather... by override11 · · Score: 4, Insightful

    ummm, the friking 4 dollar soda and the 6 dollar popcorn doesnt make em any money?? anyone home?

    --
    No I didnt spell check this post...
  12. Re:Are they upset that the competition is limited? by hurtstotouchfire · · Score: 2, Insightful
    Read the whole article thoroughly. They did point ount the distinction as to why this particularly screws indie films.

    "Awards and accolades beget more awards and accolades, which culminate for the awards season with the Academy Awards," the lawsuit said.

    The way the smaller filmmakers reason it, they need those small awards groups to get the attention of larger ones. The ban no longer restricts distribution of screeners to all awards groups, it was partially repealed:

    Last month, the Hollywood studios partially reversed the ban, agreeing to send copies to about 5,600 Academy Awards voters but not to the far larger pool that votes on lesser honors.

    So now they've effectively done what large bureaucratic groups so often do, they've screwed the little guy and failed to fulfill their primary purpose.

    1. Big guy makes rule to make more money.
    2. Rule annoys other big guys who also want to make more money.
    3. Rule is changed so it no longer applies to other big guys.

    Here's the part where the rule loses it's effectiveness (The lawsuit said the ban was too restrictive and treated all movies the same, "in spite of the fact that it is clearly the big blockbuster movies that are most at risk of being pirated.") and screws the little guy in the meantime, who can't make all that much noise, because he's too busy being sat on.

    Pardon my hot-blooded commie liberal speech, but it's pretty true.

  13. Why does this ban have any force? by Kelmenson · · Score: 2, Insightful
    The one thing I have never seen asked (let alone answered...) is why this ban has any teeth at all?

    The MPAA is not in charge of the Academy Awards in any way. So if a studio wants to send out screeners, why should they listen to the MPAA? The MPAA does not give any benefit to a studio, other than a lobbying force, and its hard to make your lobbying help one studio while hurting another...

    And what business does the MPAA have telling the studios how to run their business anyhow? If the studio feels they will lose money by sending out screeners, then don't send out screeners. If they feel they will make money by getting more Oscars, then send out screeners. That is their call. It is their money. It is their movie.

    What's actually stopping them?

  14. The Real Problem by lhpineapple · · Score: 2, Insightful

    Rather than ban DVD screeners, the MPAA should really be focusing on the real problem, the leak. It must be an internal matter.

    The independent film makers shouldn't have to be punished for someone else's problem, but I guess that's the price of freedom.

  15. Re:What's the punishment for mailing them out anyw by cens0r · · Score: 2, Insightful

    Most likely you get kicked out of the MPAA. This may not seem like a big deal until you realize that the MPAA has exclusive contracts with 80% of the distribution channels.

    --
    Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
  16. Re:I'd rather... by banzai75 · · Score: 2, Insightful

    I don't see the theatres footing the bill of making the movies either. So if the movie industry takes most of the profit, I'd say that's probably fair.

  17. Re:leave the mpaa.. by cens0r · · Score: 2, Insightful

    Except that then they can't distribute to 80% of theaters. Which is what the lawsuit is really about. The MPAA is an illegal trust forcing these studios to play by their rules or die.

    --
    Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
  18. Corporate Hollywood by BlueQuark · · Score: 2, Insightful

    As someone who has worked most of his professional career in Hollywood, I can honestly say that Corporate Hollywood is probably running scared.

    Profits are running thin on big budget Hollywood films, especially after so-called 'A' List actors, directors and writers get their big cut/fee.

    Because Hollywood is beholden to corporate overloards who in turn are beholden to stock holders, there is very little incentive to produce 'riskier' films. This has resulted in a series of dull, uninspiring lackluster productions. Which audiences will not show any interest in. These are usually quite expensive.

    A common formula used in creative Hollywood "accounting" is to take the budget of the film and multiply that by three. This means the film has broken even for the 'studio'.

    Now alot of low/small/medium budget films are making easily three times their budget and the number of independent film makers making good movies, that audiences want to see is growing!

    And it's becoming such a growing segment of filmed entertainment that the big studios are worried.

    I would guess that the MPAA which represents the big studios did what it did, as it saw indy films as a threat.

    Funny thing is is that each of the big studios also has a 'independent' arm, which acts as a distributor for these films.

    Now the MPAA and the studios should realize that the screaners are not the main source of pirated movies. Most high quality pirates are from people working at the post production houses.

    But knowing a few studio execs, there not THAT smart, it's easier to blame guys w/ video cameras and screaner distribution..

  19. Re:Which by loraksus · · Score: 2, Insightful

    it's not like people who download screeners have money to go to the theater . . .

    --
    1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
  20. Re:This is dumb. by Anonymous Coward · · Score: 1, Insightful

    Sorry for buttin in but how come common sense isn't?
    Law and common sense is like oil and water... they don't mix.

    Common sense says that when you spill hot coffee on your crotch you are a dumbshit.... The law as it is implemented now says you're the winner of a million dollar lawsuit just because you were too stupid to hold the cup away from your crotch.

    I just wish I could be the one with the stupidity^H^H^H^H^H^H smart lawyers that would allow me to "milk" the system for a few bucks that Uncle Sam can't touch.....

  21. Re:UOP blocking by mufasio · · Score: 2, Insightful

    Basically, ignore the warning screens, and do a kind of "pre-flight check"

    That would be a good idea but unfortunately I tend to do all that before I sit down to watch the movie and then get pissed when I have to watch 10 min of commercials that can't be skipped or fast-forwarded. Another thing about dvd's that pisses me off is the 30 sec transition scene that plays after you select Play Movie from the main menu. Why they can't just go straight to the movie I don't know but the transition scenes are just a terrible idea.