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MPAA Sues Movie-Swappers
aacool writes "The MPAA has filed a first wave of lawsuits against individuals they say are offering pirated copies of films using Internet-based peer-to-peer file sharing programs." From the article: "The MPAA said it would also make available a computer program that sniffs out movie and music files on a user's computer as well as any installed file sharing programs. The MPAA said the information detected by the free program would not be shared with it or any other body, but could be used to remove any 'infringing movies or music files' and remove file sharing programs."
They will make available a program that guesses which files are bad?
Can I rename my home movies with names like "Terminator.mpg" and then sue them when the file is deleted?
You can never go home again... but I guess you can shop there.
The MPAA said it would also make available a computer program that sniffs out movie and music files on a user's computer as well as any installed file sharing programs.
I would like to see the source code for this program, please. (Guessing it behaves much like a common virus or spyware.) I hope SpyBot releases some patches against this kind of snoopery.
The dangers of knowledge trigger emotional distress in human beings.
Har! But I already wrote & patented a program like that, so the MPAA is infringing on my copyright by distributing it for free over the internet!
"...program that sniffs out movie and music files on a user's computer as well as any installed file sharing programs..."
This program must have access to a master list of movie names for comparison to your filenames that is either installed locally or accessible online. Couldn't an enterprising individual just "back into" those reference names and rename his files to something that then won't trigger a flag?
Bill Clinton: Pimp we can believe in. - The Shirt!!!
"The MPAA said it would also make available a computer program that sniffs out movie and music files on a user's computer as well as any installed file sharing programs."
I believe this to be an opt-in download and scan. Of course, there is no way in Hell I would run this kind of program willingly. However, as a Systems Admin, it would be nice to have this available to scan my corporate LAN. I am all for file-sharing, but I don't trust users to do so safely and would prefer to protect my servers and avoid lawsuits at work.
Just my opinion.
Glad to see the movie industry finally taking action against those responsible for breaking copyright law, rather than against the tools such as P2P, Bittorrent, and other filesharing programs which all have legal purposes.
Backup not found: (A)bort (R)etry (P)anic
It's too bad that they cannot find alternatives to lawsuits, you might find it plausable that they could perhaps offer movie's online at low-prices, and maybe even really early releases for people on the internet, and charge a price? Well I guess the thoughts didn't add up to make enough, although these lawyers aren't very cheap, it's hard to say which would make more profit... Anyway those are just my two cents!
Any intelligent fool can make things bigger, more complex, and more violent. It takes something special to be different
...and the home of mega-conglomerates who sue their customers despite record sales!
when they pry it from the ashes of my cold, dead hard drive.
Seriously, I can understand the movie issue but I think it's a bit idiotic of them to go after filesharing in general. Oh, wait - there are no legitimate uses for filesharing, right? I see where I was wrong. I apologize humbly. I will go immediately and chop up my debian cds.
picpix image polls. create - share - vote. fun!
Somebody at the MPAA must be crazy if this is true.
So this program, presumably similar to what they use to find movies and music, is actually available to everyone? So, for example, I can "check" "my" drive for any "illegal" music or movies? I've ripped most of my CDs onto my hard-drive. Of course the MPAA doesn't know if I own those CDs (they would have to prove I do not), but I will gladly direct them to the boxes downstairs where I keep all the jewel cases (for the record, since file-sharing, my music purchasing has gone from 1-2 CDs per month to 3-4 CDs per week).
Other people might use the program as "insurance" to make sure they are safe from any one tracking them.
As I don't have anything to hide, I would not mind using that program. Rest assured I would do my best to make sure information isn't being sent somewhere (custom host file? firewall? who knows).
So, my guess is I am the anomaly and would actually not mind downloading that software and trying it out.
Small potatoes make the steak look bigger.
Yeah, it was the *cough* interns *cough* who did it.
Damned kids these days. *cough*
Parents!
There have already been well publicised cases of families having to settle with the RIAA because of a child's filesharing activities.
I expect this will be promoted by the MPAA as a way for parents to ensure that their children don't get the family in trouble.
The real "Libtards" are the Libertarians!
This article cites St. Louis as the first city to receive suits, followed by New York and Philadelphia. Examples of movies: "Troy," from Warner Bros., "Spider-Man 2," from Columbia Pictures and "Confessions of a Teenage Drama Queen," from The Walt Disney Co.
...any installed file sharing program That's a good one - I must admit that a lot of p2p file sharing is about pirating software/music/movies, but why on earth are they trying to find out whether someone is using a file sharing app? Looking for people sharing files called Terminator3.avi on Kazaa (example) is one story, but scanning entire subnets for p2p apps sounds to me like the RIAA is pushing it too far again.
I don't read replies by ACs.
I'm rather interested to see about this. I only use BitTorrent right now; are they tracking bittorrent users as well?
I wouldn't be surprised if they were (BitTorrent is inherently public after all), but I'm wondering what they will do about Japanese anime type of stuff (Since that's the only thing I download these days).
From the linked MSN news article: "The copyright law also provides for penalties of up to $30,000 for each motion picture traded over the Internet, and up to $150,000 if such infringement is shown to be willful."
So, if some family member of mine uses my computer, downloads some movie using a P2P program and leaves it there in my "shared files" folder, I can be fined $30,000, or potentially more?
Whatever... hearing about this stuff just makes me want to promote the piracy of movies (and music) because of the way the record/movie industries are handling the situation. They're behaving like little kids who got their candy taken away from them... they'll bitch and whine and scream and do anything to get it back, but never even consider any form of rational reaction.
When you spray pesticides on a population, and only one plant is resistant, that plant thrives. To date, the MPAA has not allowed the porno industry to join its ranks; after all, it's responsible for regulating morality for America via PG and PG-13. So if they go after movie swappers, but not PORN movie swappers, won't this have the effect of creating a population of p2p shared movies which are "safe" - that is, just porn?
I love the law of unintended consequences.
If guns kill people, then CmdrTaco's keyboard misspells words.
Dear MPAA,
I ran your program and my computer said, "not executable". Had I known it might execute me I would not have complied with your request.
Sincerely,
Joe Numbnutz
Now I'm the grandest Tiger in the Jungle!
Why would the MPAA release a scanner that detects pirated music files? I thought their purpose was to protect motion pictures from being pirated, not music.
Nope, they have more money and lawyers, so they'll win every court case. That's one of the reasons that these tactics can't work in Canada or other places with a loser-pay system.
If they sued me, I'd find ten lawyers who'd work for the "we'll get paid after the case" idea. Then the CPCC (our equivalent) would have to pay my lawyers.
It doesn't really matter. We pay a fee on all blank media, and in exchange, we can freely download music, software, and movies - legally.
---
ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
Great. So now this'll just further fuel the movement of the extremely large file-sharers to move to those P2P networks that are completely anonymous, like GNUNet or Freenet.
Do you think that 90% of the population even realize the war that is being fought on the internet to protect their basic rights? The invasion of big corporation into our homes is a serious problem that the vast majority of americans would not want to have happen to them, yet they are wholly unaware that this almost happens on a daily basis because of big corporations.
I've got a new idea that's simple enough. Don't let companies own copyrights. Simple enough, if an artist writes a song, and wishes to be signed to a record label, the label can't own the copyright, only the artist. On top of this it shall be illegal to make a contract binding the individual to use the copyright in any way, shape or form, so companies can't just simulate owning it by saying "you must do what we want with it and we'll make you money." And there shall be punishment to any company who is trying to bribe or use any other type of manipulation to get someone to enforce their copyright in a certain way. This includes threatening to end contracts over it. Assume greed.
This will ensure that those who are using copyright's protections against people are the actual creators of the object, not some corporate giant who had it signed over to them, and is going to use it to "protect" it's investment even if the creator doesn't agree with it.
It also means we know who to buy from, and who to avoid like the plague. Who's evil and who's good. But oh no, this proposal would take away the god-given-right of companies to be treated as individuals. Tough shit.
This is getting ridiculous. Of course you know I'd proposal total elimination of copyright in favor of a system guaranteeing creator-recognition and listing works used, but not guaranteeing any type of profit, but this would get mr.right-wing's panties in a bunch, so I won't go there in this one.
This is just an addition onto an existing law, after all, most laws are. Radical changes never get made in this country because everyone is afraid of failure. Of course those who are really afraid of the change are those in control, those who lose, and those who don't know. When it's already failing, those three are one in the same.
If you don't want someone to copy something, don't give it to anyone.
Since when does illegal = wrong? I don't understand that way of thinking. Yet many people have that attitude.
In some us states, pounding your wife in the ass is illegal. In some us states getting a blowjob is illegal.
You can't turn and say because something is illegal, it's wrong. Take alcohol prohibition in the 1920's for example. Some hard liners in Congress felt that drinking was wrong and made it illegal. Many disagreed. After some civil disobedience, the prohibition was lifted.
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There's no way for this program to tell if I own a legal copy of the CD and made mp3s from it to use on my mp3 player. It seems as though the program would just assume any music found on the computer in the catalog of the major record labels must be pirated. The same goes for movies.
How expensive are movies and recorded music? I'm not talking about $8 movie tickets or $20 CDs, I'm talking about Total Cost of Ownership. Suppose some random person had to die every time a new movie was made, or every time a CD was released. Would we value our entertainment enough to tolerate that? What if the RIAA and/or MPAA had to electronically approve every file you saved on your hard drive, and could scan anybody's files at any time?
Helping movie studios and record companies continue to exist in spite of technology that makes it trivial to violate their copyrights does not come free. At some point the cost of these forms of entertainment is too much. How many FBI agents will we need to enforce the technology restrictions the entertainment industry wants to impose? How many more lawyers will we have to support? How much personal freedom will we give up so Hollywood can exist?
At some point you have to cut your losses. I wouldn't go to movies or buy CDs if they were $50 a pop, and I would personally rather live without them entirely than give the people who run studios and record companies all the powers they want, or pay the monetary cost of keeping the system going.
Did anybody else notice this from the bottom of the article?
Copyright 2004 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
And just below that:
PRINT THIS ARTICLE -- EMAIL THIS ARTICLE
I mean, stupid unenforceable copyright notices are one thing (especially when it relates to an article that is about illegal distribution of copyrighted material) but then they actually include a link to email it on, encouraging people to break their own rules?
What the hell was going through the minds of the designers of msnbc's website they built that sort of functionality?
If the pattern goes 9am, 10am, 11am, why isn't noon 12am?
The damages they ask for are reasonable. If they sue for, say, 2-5x the price of the DVD I'm behind them. That's enough to make it unattractive to copy it (I mean who wants to pay MORE for a poorer quality copy) but still a fair and reasonable amount, as required by the constution. If, however they sue for the statutorly allowed amount of $150,000 per infrimgement (which they will) then I cannot support that. That is basically saying they will financially ruin you simply for copying ONE movie.
c h2004.pdf) found that there was no stasticaly significant impact of file sharing on purchases. So at worst the company is losing a sale, and usually they lose nothing.
That is complete bullshit. We have a very strong concept of the punishment fitting the crime in this country, it's one of the founding ideals. Our justice system is designed around that. Speeding is a small fine, drunk driving is a larger one and loss of privledges, killing someone while driving drunk is serious jail time.
More than just recognising it, it's in the fucking constution, you know, the document that all other laws are supposed to conform to. Ammendment 8: " Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." Notice the part about excessive fine not being imposed.
Ok well copying a digital file is a MINOR crime. It causes little to no harm. I mean an empricial study by Harvard and UNC (http://www.unc.edu/~cigar/papers/FileSharing_Mar
Yet for some reason, it is punishable by $150,000 PER FILE? If that's not excessive, I don't know what is. You would literally get off easier if you went and stole the DVDs form a store. Now that's an actual real theft, with reall loss (you took something of value they had, depriving them of it), not just copyright infringement.
That's why I can't support these orginizations in their crusade against sharers. They bribe congress in to passing unconstutional laws, and then use them to beat people in to submission. Even those that are innocent are forced to settle because the amount they stand ot lose is to large to bear.
A person sharing 20 movies should not be a case for a major multi-million dollar civil suit. It should be a matter of a grand or two in small claims court. Enough money to make it a punishment for doing it, but not so much as to ruin a person for life for what is really a piddlyshit crime along the lines of speeding.
This is actually a fantastic tool for pirates.
Afraid that you could get nailed for sharing a movie? Run the tool and see if any of your movies show up on their radar. If not, and the movie isn't brand-new, you can be fairly secure that you won't get caught for it.
If it does show up, edit what you can until the hash value changes and the movie no longer shows up as a known pirated film.
This is a boon for pirates.
so how long before ISPs are going to be required to have these programs scan packets going across there networks?
In which case I will encrypt all of my data to a proxy server off shore. That way there's no way in hell my ISP will be able to look at what I am doing, and any file sharing program I use will show me downloading form outside the US.
I really don't see this effecting me, because I can get around it, long enough for the public to wake up, and realize they are getting raped in the ass by big brother and it's buddy, Corporations.
I just posted a screenshot of an add the MPAA ran yesterday (Monday) in the school newspaper here at the University of Michigan:
- this-week.html
http://adamjh.blogspot.com/2004/11/lawsuits-begin
The ad features the usernames and partial IP addresses of peer2peer file sharers, surrounded by bold, red captions reading:
IS THIS YOU?
IF YOU THINK YOU CAN GET AWAY WITH
ILLEGALLY TRAFFICKING IN MOVIES, THINK AGAIN.
LAWSUITS BEGIN THIS WEEK.
It then proceeds to note that:
Pursuant to the Copyright Act (17 U.S.C. Section 504(c)), statutory damages can be as much as $30,000 per motion picture, and up to $150,000 per motion picture if the infringement is willful.
*sigh*