MPAA to Sue BitTorrent Tracker Servers
Mirkon writes "The Register and Reuters report that the Motion Picture Association of America is planning to begin a legal assault on websites that host BitTorrent trackers for copyrighted movie files. An announcement is supposed to be made by the MPAA President/CEO today, along with help from CEO of private P2P network developer Red Swoosh, and the CEO of BayTSP, 'which offers file-branding and -tracking applications.' Not that they have any vested interests in this of course. Though the articles take care to mention that this action is not against standard users, how long is it until BitTorrent itself is targeted?" Apropos of nothing, I saw a movie in the theaters a few days ago. At the official start time, the lights dimmed. Then there were 14 minutes of commercials (Pepsi, hair mousse, cologne, etc.) followed by 13 minutes of movie trailers (which are also advertising), followed by a few minutes of junk, followed by a 100-minute movie. I can't imagine why people would want to download movies when they have that great theater experience to compare against.
Apropos of nothing, I saw a movie in the theaters a few days ago. At the official start time, the lights dimmed. Then there were 14 minutes of commercials (Pepsi, hair mousse, cologne, etc.) followed by 13 minutes of movie trailers (which are also advertising, of course), followed by a few minutes of junk, followed by a 100-minute movie.
Then why did you include it in your post? Say this in a comment instead. Anyhow, I will respond: I agree that it is silly and frustrating to have to sit through tons of ads before a movie, the length of time by the way standard so you cannot say "I will simply come ten minutes later". Additionally, ads are appearing in front of DVD movies which works for nationally known companies but not so well for smaller local companies which I am sure is one of the biggest reasons behind the push of On Demand. Namely the ability to sell localized content ads for an "at home audience". We are going to be faced with a deluge of ads (even intimately targeted ads) no matter what. The way to deal with it is vote with your dollars.
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Apropos of nothing, I saw a movie in the theaters a few days ago. At the official start time, the lights dimmed. Then there were 14 minutes of commercials (Pepsi, hair mousse, cologne, etc.) followed by 13 minutes of movie trailers (which are also advertising, of course), followed by a few minutes of junk, followed by a 100-minute movie.
How many of you remember MTV, Nickelodeon, and other cable-only channels were originally commercial-free back in the early 80's?
Just because these media conglomerates are making money off of you directly doesn't mean they won't try to make it indirectly as well.
Dan East
Better known as 318230.
I do not see this as a threat to bit torrent as it is not removing the arguement of having other, valid uses.
rather pay even higher ticket prices. See, the advertisers defer some of the cost of the movie, be it at the production level, distribution or showing.
Don't want to sit through some commercials, tough tittie, still doesn't give you the right to steal it.
I bought the Shrek 2 DVD, and Disney forces you (at least on my non-modded DVD player) to sit through several minutes of adversting under the guise of previews/trailers before the movie starts. Skipping the previews is a prohibited operation. I can understand how they might do this on a $89 rental copy, but not on MY (MY) personal $19.99 copy. I should NEVER be forced to watch previews.
Of course, the 100-minute movie was filled with dozens of product placements (actor A holding a can of "Pepsi" while actress B says "I have to check my AOL account").
Michael, quite your whining. You chose to go to the movie. No one forced you to do this.
When i go to the theater i like watching the trailers, and judging by the download count of the big movie trailers i'm not alone. I really dont see any problems with that, and if you have a problem you can always arrive late and miss them. When i was in the states a couple of years i could swear that they showed at least 15 minutes of commercials on tv. Every hour!
The fact that the RIAA and MPAA are now going after the people breaking copyright law instead of writing legislation aimed at crippling technology and suing service providers is a good thing.
Now, of course there are still some stupid hybrid technological/legal measures they're pushing like 5C encryption and the broadcast flag. But if unlawful uses of file sharing/copying/archiving diminish due to fear of individual suits, then legitimate fair use will become a significant part of what is being prevented by these measures and they'll hopefully stop or be forced to stop them. Hopefully.
"Sources say the MPAA is not necessarily going after BitTorrent's developer, Bram Cohen, only the server operators."
Why don't they go after the creators of ftp and http too while they're at it...
He hasn't done anything wrong.
What they're going to argue is that the tracker sites are designed and operated specifically for the distribution of copyrighted materials. We might like to think they're on shaky ground with that kind of argument, but legally they have a pretty good chance of winning if certain things are evident.
1: Jurisdiction.
2: Intent.
Jurisdiction is something the MPAA has been good at manipulating for years. They'll find a way to get jurisdiction over anyone they actually sue, or mirrors, etcetera. Intent will be really easy in case of sites like Suprnova that have entire sections named off for things like Movies, Comics, Music, Games, etcetera. The sub-grouping of categories, show titles and other such breakdowns within those areas I listed above will be the most presentable evidence used to show "Hey, these people knew they were distributing copies of X TV show or music by this specific artist - they have a section with X's name on it.".
My own pointless vanity vintage computing page
What I can't get is TV episodes. If I knew where to buy them, I would (Invader Zim, anyone?) but I can't find any.
So it's really a shame to have the tracker services shutdown.
When things get complex, multiply by the complex conjugate.
>14 minutes of commercials (Pepsi, hair mousse, cologne, etc.) followed by
>13 minutes of movie trailers (which are also advertising, of course), followed by
>a few minutes of junk
30 solid minutes of ads?? Sorry, I don't buy it (no pun intended). I might see a one or two movies a month, and while I've never put a stopwatch to it, there is no where near an entire sitcom's length of ads before a movie.
While I admit that the trailers and ads are getting more pervasive, I think I'd notice if there were *28* consecutive 30-second spots, and a dozen 1-minute trailers shown before a movie.
See, even coming a few minutes late to miss the commercials will not stop the advertising. Nowadays, the advertising is embedded within the movies. Some do it pretty seamlessly, but I would hate to watch a good movie ruined because the producers had to go out of the way to mention Nike shoes.
Of course, since the people at Microsoft have provided the O.S. to facilitate storage/creation/manipulation of these illeagal files they also are liable. Furthermore, Segate and Western Digital (sorry if I didn't name your brand) are also liable because they are actually providing medium to hold illeagal files. You know, if we really get down to it, they need to be suing all the energy companies for providing the electricity to allow the pirating of these files. We wouldn't have digital piracy without electricity now would we?
If someone shoots somebody with a pistol.... does the pistol maker get sued?
This is not about lawsuits against someone who is only publishing information about files, rather than publishing any (potentially) copyrighted information themselves. What it is about is someone with a lot of money filing lawsuits against someone who can't aford to fight them.
I'm an American. I love this country and the freedoms that we used to have.
But the sites themselves do not carry the files. They only have information about the trackers, and are not involved in the actual distribution or sharing of the files.
But they do host the torrents, don't they? And the torrents are specific to a certain file? So specific that they even have a cryptographic hash to prove that they are talking about the right file?
It seems to me that they are as liable for the copyright infringement as somebody who posts an encrypted tarball full of MP3s to usenet and hosts the decryption key on their own server. In short - they aren't specifically doing the copying, but they are deliberately helping specific cases of copyright infringement.
This isn't an analogue of Napster - they were simply running an indexing service and didn't promote specific copyrighted files.
This doesn't mean the developers of BitTorrent are next - they aren't promoting specific instances of copyright infringement either.
The copyright goons are suing the right people for once.
The key: look away.
Don't consume mass media, either free or for a fee. Just look the heck away. They will then reform themselves, or die.
Write your own stories. Make your own movies. Who cares if they're "crap"; share them with friends and give em to strangers. Do anything you can, just don't feed the established media industry.
Start creating. Stop consuming.
I know. Unrealistic hippie talk. Lay off the crack pipe. Blah blah blah...
-- All views expressed in this post are mine and do not
-- reflect those of my employer or their clients
Apparently neither do you...
Yes the tracker will direct me to each pieces, but those pieces all belong to a SPECIFIC file, be it an illegal game or movie. That torrent tracker becomes tied to that illegal activity by aiding the distribution of that specific illegal download.
So to user your analogy... the person who sets me up with johnny breakayoulegs(hitman), knowing that he's a hit man and knowing what i want him for, is also guilty of a crime under U.S. law.
Why should it be surprising to ANYONE that a PAID EDITOR OF SLASHDOT gets a certain amount of leeway in editorializing in articles?
Guess what? This website doesn't just have editors around to pick and choose which articles are allowed to go to the front page. A well-written script could do that.
Jesus Fucking Christ. If you don't like it, LEAVE. Slashdot is NOT a part of the commons.
+++ATH0
Remember to place disclaimers on your sites to limit liability. It is unfortunate that in such a open and powerful media, that litigation can be so invasive merely by threats.
The Law(tm) isn't like source code; slashdotters seem to have trouble understanding that. It is open to interpretation, and it can ask questions about intent (what you MEANT instead of what you DID). And it's pretty clear that suprnova's INTENT is to contribute to copyright infringement.
Those who fail to understand communication protocols, are doomed to repeat them over port 80.
So, what, he shouldn't have mentioned it unless he can solve the problem for the entire freaking world?
nor is it actually P2P
Actually, it is the most P2P method of sharing imaginable. It's Person 2 Person without the computers in the way.
-Looking for a job as a materials chemist or multivariat
Well, there are just some movies out there I never planned to buy or rent or even have anything to do with that I downloaded, then actually liked and bought. Also, I'm a cheap bastard and would gladly screw over a faceless conglomerate of corporations by downloading a movie, rather than giving my hard earned $7.50 to watch it in a crappy movie theatre, only to be interrupted by that jackass with the cell phone three rows ahead.
Considering that they're a member of the EU, they probably need to watch what they're doing, as opposed to their Balcan neighbors, or the remnants of the USSR.
If you don't know what AltaVista is (was), get off my lawn.
I detest those ads too. Here's what I do to get back at them:
Caption:Movies. They're worth it.
Me [yelling]: YEAH! WORTH DOWNLOADING!!!
Always gets a laugh and makes me feel better.
What I hate about sites like suprnova.org is the trapping code that attempts to disable your back button when you try to leave the site.
What I wish search engines like Google would do is, when they scan the site, flag all those with trapping code, viruses, attempts to download known adware/spyware/garbage-ware, as well as list how many pop-ups to expect from the page linked to. Now that would be a useful search engine.
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
My concerns lie with the enforcement of overly-restrictive legislation It is my belief that I have the freedom to do as I please with my digital data, so long as I do not attempt personal financial gain from someone else's work.
Surely everyone can agree that downloading a DVD rip of, say, Shrek 2 and selling copies of it on ebay for "cheEp" is horrendously immoral and wrong. In line with that, no one would rightly complain about copyright legislation that prevents such scenarios *through civil remedies, not criminal!*
I see no reasonable argument for preventing my from copying CDs/DVDs/etc for my own personal uses (whatever those might be - stripping off forced commercials, the stupid FBI warning, editing out graphical sex scenes, etc).
Further, I see no reason why I should be prevented from obtaining a work online that is not available through other means (old roms, old movies, etc), especially if I already own a copy in another format already.
I think we all agree that "w00, free movies!" is not the point. Today's reality has brought us criminal punishments for civil crimes, the inability to legally watch movies in Linux, inability to legally even talk about bypassing encryption schemes, and other ridiculous craziness with the DMCA that frankly pisses me off.
The *AA's have made themselves representatives of all of the least-sensible aspects of current copyright legislations, and so it's not surprise that people hate them. If the legislation made sense, and we didn't have to worry that we might face criminal charges or ridiculously huge fines for doing something that used to be Fair Use - well, that'd be nice, wouldn't it?
-ZOD-
your saying suprnova.com?
if not WTF are you talking about?
Suprnova.org is pretty clean.
What exactly makes you think that those work?
-- 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.
Boycotting based on one day of the week doesn't do much. It just shifts the gas need to the other six days. I guess an extreme and unlikely result could be having less employees work on Mondays, and hiring more workers during the rest of the week.
Absolutely and unequivocally. Anyone - *anyone* - can go to school, amass a certain amount of technical knowledge, and become a perfectly serviceable doctor or teacher or what have you. Yes, it's a long, hard road to get there, and I don't mean to diminish the contributions that doctors and teachers make, but there's really no barrier to getting there other than "do they know the material?" Can you take a test to be an actor? Where do you go to apply for a position as a matinee idol? At any point in an actor's life there are dozens of people who can instantly end their job that day (or that week, or their career as a whole) because of a reason no more substantial than "I don't like his eyebrows" or "her tits are too small." If Miss Bliss' first-grade class turns out to be a bunch of simpletons and half of them fail then Miss Bliss won't find herself blackballed from the entire teaching industry for life, but do you think Halle Berry will get the same break after "Catwoman?" You can coast on your past record for a while in Hollywood, but eventually it all comes down to putting asses in seats. If you're not a box-office draw then you don't work - period. Now how many of you can name *horrible* teachers that you had who just keep going year after year because of tenure? Or doctors who are heartless, arrogant assholes who keep working because they can get the job done? Yeah, there are terrible actors (and writers and producers...) who keep bringing in an enormous paycheck, but can you name one who's been doing it for more than a few years? Sharon Stone? Stallone?
I've said it before and I'll say it again - the day 20 million people will spend their weeknight in front of the TV watching Polly Perky teach algebra, *then* I'll believe that Tom Cruise (or Barry Bonds) is overpaid.
That is a beautiful sentiment. I completely agree. This isn't much but a "me too" post but I think your premise can extend to every area of your life.
I kind of realize how much help and enjoyment I gather from the internet and all of it's multitudes. So I decided I needed to start writing down my own knowledge (in my case, running, computers, books, etc.) to sort of give back.
I would gladly pay more for all the information I find on the net than the I would for the latest movie.
And yet the information is freely given while the 2 hours of enertainment sold by hollywood continues to go up in price.
There's this place I found in my neighborhood that has a LOT of movies, books, and CDs, and they let me take them for absolutely nothing... and keep them for a week, sometimes more.
... apparently they've been in business for years, but I don't see how. What a funny business model, letting your customers take your stuff home for free... HA HA!
Sure, sometimes I have to wait for things, but hey, the price is right. All I had to do was sign up for a little card that said I promise to bring it back before its due.
FREE!
They call it a "Public Library"
Actually, despite all this "piracy", the RIAA's sales continue to increase, as shown. The November 11, 2004 press release from the MPAA shows similarly for the MPAA:
"The movie industry's share of the American economy is growing--faster than the rest of the economy. And the copyright industries are creating jobs at twice the rate of the rest of the economy." (excerpted from above)
I fail to see how you can call something "theft" when someone is seeing greater sales happen while the "theft" is occurring. Theft would presume a model in which, for every download which occurs, one sale is lost. This is quite simply not true, as many, many people download things to preview them and see if they are worth the money. Given the large amount of garbage put out by the **AA's and the inflated prices they charge for it, this does not seem an unreasonable precaution.
The true solution for the **AA's is one which is known to all businesses which don't have a virtual monopoly and routinely have to deal with competition: Improve your product, LOWER YOUR PRICES, and find innovative ways to market and deliver the product.
Don't put ads on something people have paid money for, it will turn them off very quickly. (A trailer or two generally won't turn a consumer off if placed on their DVD, but a non-skippable Pepsi commercial most certainly will.) There is NO quicker way to turn off a consumer than making it so that the product they purchased (their DVD and DVD player) do not do what they expect it to (fast-forward when they hit the fast-forward button.)
Imagine your car not starting for 5 minutes after you turned the key so that it could play ads over the car's stereo. If you wouldn't be extremely frustrated by this, and very unlikely to purchase that brand of car again, well then, you are the definition of corporate whore. But the reason car manufacturers -don't- do this is because other manufacturers exist, and would refrain from doing this and take away their business. However, the MPAA has no competition, at least not on anything even remotely approaching their scale. If it takes suprnova and Kazaa to create the competition, then I'm not sorry to see it, whether or not there's a technical violation of law.
If these companies are not willing to address the fact that CUSTOMERS ARE NOT SATISFIED, and the ONLY reason that they have stayed in business is a lack of real competition, they deserve to die off and I don't care if people do pirate the stuff.
To fight the war on terror, stop being afraid.
Easy enough we pass a law that only says a movie can only make back what it cost to make it plus a fair salery to all involved and the rest must be donated to charities. Instead of this imoral greed.
If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
I suppose (or maybe wonder is a better word) with some of the "Hong Kong movies", now that HK is no longer with England, to what extent do the people who make the movies there "tune in" to what is acceptable and what is not -- what morals are being put forth, are there tighter limits on the types of issues that can be addressed in the creative realm than there were before - are the producers, writers, etc... more paranoid of having the government give them a hard time? I am not an expert in this, perhaps it's just a cultural thing - but there is probably some kind of attention paid to these things in a policital environment such as Hong Kong. Really, not that HK movies are bad, I like them very much - "Breaking News" was one I saw that was cool, and that was very recent. It's just in terms of creative freedom that I pose this question, and any limitations real or perceived, of that creative freedom.
But here in the states, where we normally shouldn't be as concerned about what our government may or may not think about what concepts or ideas we are using our freedoms to express - provided it's not for TV - it strikes me as odd that the entertainment / multimedia arts community would be attempting to forge stronger bonds with the government, bonds that are strange - bonds that appear to be advanced in part by lobbying money, in part by a shameless appeal to the merits of harsh punishment that would cross the interests of tens of millions of Americans. In any case, point being that if the *AA's don't think the government is going to "want something in return" for this request for VIP status from the *AAs, they are smoking something that is messing with their ability to think clearly.
Isn't it better for the movie industry to present a counterpoint to the "goody goody two shoes" mentality? Isn't there something "cool" about a good movie? Not to be completely rebellious, but to just kind of stand out there on its own, make its voice heard, and exhibit a "coolness" that would be inappropriate and out of place in a government agency.
It's just something that has never made sense to me. One decade, fighting to not get warning labels on CD's, another, trying to earn massive brownie points by shamelessly appealing to government regulation in the worst way. Showing a wanton willingness to sacrifice any and all artistic or creative freedom in exchange for strict, broad, governmental control over any and all creative multimedia, with massive profits acting as a light at the end of a tunnel of inaccurate information and a lack of understanding of the "end-users" of the movie industry's artistic efforts. Who ARE these people? Human beings are multi-faceted creatures; there is more to human existence - and this is what the multimedia arts ought to address.
When the *AA's get closely involved with government, the profits of maintaining a stranglehold on an ineffective and antiquated distribution model become more important than the expression of ideas and concepts, and the artistic creativity of the people making the films.
This is not good - going to a movie becomes more like flying on an airplane - checking for camcorders, people with night vision goggles spying on you, being forced to watch "educational" materials.
Of course, they can argue that their morals are correct, that file sharing does have some negative consequences, or "piracy", as they put it (and piracy does have negative consequences, it's just that filesharing is not exactly piracy) - but in any case, I can understand the point of view that if everyone fileshares for free there may be problems from that... but here's my point...
You have all this freedom of expression in America. You have this big Hollywood industry. Isn't it a waste of the artistic and creative freedoms that we all enjoy here in the US to go hop in bed with the government? Isn't it almost like a self-inflicted censorship? Can Hollywood simultaneously expect to retain its creative freedoms while trying to forge a tighter, closer, more intima
Thanks to the DMCA, if they sue you, they obviously illegally broke encryption somewhere along the line and would be liable themselves (as well as nullifying their evidence).
Sorry, this won't work. The DMCA makes it illegal to decrypt without the copyright owner's permission. In this case, it would be the copyright owner himself who is suing. He has his own permission to do the decryption. The DMCA will not stop this.
Strange situation, when you consider how these guys are so famous for "caring" about the less fortunate, and so infamous for demeaning the "greed" of OTHER industries.
But just consider this: How irreplacable are the extras in those fast food commercials? How about the boom operators or the production assistants on those movie sets? Have you ever witnessed a Hollywood set in action? Can you believe the number of people who are, half the time, doing essentially nothing?
And no, it's not necessarily because the work they do requires the most unique skills.
If the culture of Hollywood weren't so fundamentally wasteful and profuse, more movies would get made, more people would get hired, and consumers overall would have more venues to enjoy a more robust selection of movies. Hell, just take a silly union like SAG out of the picture, and we'd see a difference overnight.
The central problem here, from Hollywood's point of view, is that the instantaneous "what you want, when you want" free market environment of the Web is intrinsically antagonistic to their culture. After all how many Hollywood productions would survive in a free market environment like the Internet? Far fewer than what we see today. I can guarantee that.
Hollywood isn't interested in free markets or anything similar. They want to continue producing as little as possible for as much money as possible. And the nature of the Internet threatens them at the most fundamental level.
If they have to sell the public and/or the governments a bill of goods like "Piracy is harming artists at all levels" or whatever, they will do so. If they have to sue everybody and their mother throughout the world, they'll do that, too. They'll do anything OTHER THAN adjust to the new environment.
Which is another way of saying that Hollywood's days could be numbered. Hollywood could easily become a shell of itself in a few generations if they don't wake up.
Which would suit me just fine. =)
Don't forget all those caring folks putting their feet up on the seats in front of them, kicking the seats, talking on their cell phones and talking loudly to each other to comment on the movie. Also those lovely people (usually women) who laugh loudly whenever a character speaks. If I stayed away from the theater I would also miss out on the loud crunching of popcorn and slurping sounds 6 inches from my ear. Unforgettable.
I do admit that, at least until digital projection takes over (at which time there will be [i]no[/i] reason to go to the theatre), it is the only way to actually see the film on film. Video is a poor substitute, which is why the MPAA should have nothing to worry about.
Quite an experience to live in fear, isn't it? That's what it is to be a slave.
and i didn't take anyone else's copy of any movies, i made my own
Oh, and that copy took so much effort, and now you feel you have the moral high ground? Whilst the comparison with salt can be stretched too far, someone claiming that copying a file is some form of civil disobedience shouldn't claim so unless they're willing to stand up for what they believe and go to jail for those beliefs.
Being an anonymous thief on P2P networks is not heroic. If there was a *real* world-wide clampdown on this kind of thing 90% of the users would drop it and stop copying, because it would actually involve the credible possibility of punishment.
If you don't like Hollywood, make your own films (not copies) or watch independent films. If you do like Hollywood films and choose to steal them, please don't try to convince people it's something other than opportunism. You're stealing because it's convenient, free, and there's little chance of being caught. When ISP networks are locked down and searched for this material and the distributors routinely punished, will you still be copying?
Anyone - *anyone* - can go to school, amass a certain amount of technical knowledge, and become a perfectly serviceable doctor or teacher or what have you.
It's amazing that such tripe gets modded up as "Insightful". So you are saying that the only thing different between Joe the Janitor and Ed the Engineer is the type of work they like to do? Unbelievable.
The fact is, some people are better at some things than others. At the extreme ends, a few are talented in many areas, and some have no talents at all.