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New Round of Lawsuits in Preparation for Oscars

An anonymous reader wrote to mention CNNMoney's coverage of the latest round of MPAA lawsuits targeting end users. From the article: "The civil suits against unnamed "John Doe" defendants seek up to $150,000 per downloaded digital file and come as the film industry prepares for its annual Oscar telecast in Hollywood where awards for top films and stars are given out."

34 of 389 comments (clear)

  1. 150K per file? by Tuxedo+Jack · · Score: 4, Interesting

    My god, that's completely insane. Why not just charge twenty bucks plus court costs? That'd prove far more agreeable to the users and pirates - it's the same price as a DVD, and you can claim Fair Use with what you do with it.

    --

    Striking fear in the authors of godawful fanfiction, I am here, appearing in darkness, Tuxedo Jack!
    1. Re:150K per file? by DaHat · · Score: 5, Funny

      Stop thinking rationally!

      This is of course the MPAA we are talking about... you know, the folks slightly more sane than the RIAA, but still both less crazy than your average /.er.

    2. Re:150K per file? by DrinkingIllini · · Score: 4, Insightful

      Because if you steal something, then get caught, you don't get to just pay for whatever you stole. I can't just shoplift something, and then give them the money for the item if I happen to get caught later. Same deal, you steal the movie, you're taking a risk. You get boned it's your own fault.

    3. Re:150K per file? by Walkiry · · Score: 4, Insightful

      >That'd prove far more agreeable to the users and pirates

      Yeah, but it's not about the users and pirates, it's about the dinosaur trying to survive the meteor impact. And it'll destroy every single small mammal he can to try and perpetuate the species.

      Why try to adapt? Changing your corporate ways is always a risk, it's much better when you can scare everyone into submission with absolutely insane punishment to give example.

      --
      ---- Take the Space Quiz!
    4. Re:150K per file? by Zangief · · Score: 3, Funny

      Do you have a pdf of a good law book around? Send me a link please!

    5. Re:150K per file? by Anonymous Coward · · Score: 4, Insightful

      You're mistaking what the plaintiff is asking for in damages with what the actual damage amount is. It's pretty common in civil cases to ask for a huge amount of damages (whether they can be supported or not) to make a splash. They could just as easily ask for $20 million if they wanted to. There's no requirement that they show any rationale to support the amount of damages at this stage.

      At trial, the plaintiff would need to provide evidence to support their claim of damages. And the actual amount of damages would be determined by a jury. But at this stage, they can ask for however much they want.

      This is a "statement" amount--scare tactics. They want to use the amount to make people think twice. And until and unless one of these cases actually goes to trial and comes back with a jury award, the "$150,000 per file" number will be hanging over everyone's head.

    6. Re:150K per file? by theantix · · Score: 4, Insightful

      The only "rights" involved in this story are the property rights of the film makers, which have been violated.

      And that's why it belong here. Some people don't think that Intellectual Property is actually property, you see. What has happened is not theft, but a violation of the government-sanctioned monopoly over reproductive and distributive rights for these films. In other words, your right to download and watch whatever you want off the internet like any other site has been trampled on.

      Perhaps you think this is right, and perhaps you think this is wrong -- that is up for debate, but either way it is most certainly at least partially about your rights online.

      --
      501 Not Implemented
    7. Re:150K per file? by FLEB · · Score: 3, Insightful

      ...do something about it that doesn't involve breaking the law.

      Or at least break the law creatively and demonstratively (civil disobedience), then suck it up and take your knocks when you get caught.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    8. Re:150K per file? by PacketScan · · Score: 3, Interesting

      the Mpaa can get more out of a user for one movie then i can get from the doctor that botched my surgery and left me disfigured for life.

      Anyone else see something wrong here?

  2. remember that nauseating grammy speech? by havaloc · · Score: 5, Interesting

    I remember seeing/hearing this speech by Michael Greene in 2002. I suspect we'll hear the same this year, should you be watching the Oscars.

    1. Re:remember that nauseating grammy speech? by djplurvert · · Score: 3, Insightful

      I just read it for the first time. I didn't see it on the tv...because....

      I don't have a TV ..in addition..

      I don't buy CDs
      I don't buy movies
      I don't buy software
      and I block ALL internet ads

      If you could sue someone for NOT consuming I'd be right up there on the list.

  3. MPAA Check Out by [cx] · · Score: 3, Insightful

    Who in the MPAA actually verifys the files are illegal and not just some homemade porn or some songs from your friends band that he gave you?

    And how do they justify the number ($150,000) per digital file? What if it's an analog file like a printout of the digital file? Is that still $150,000 or maybe just $50,000?

    The MPAA needs more clear guidelines than "If we catch you with a digital file we don't like, it's gonna cost you $150,000"

    Not that they care, they are just there to spoonfeed the rich more money so they get a piece of the cake in return. Just a good example of capitalist scumbags.

    We all know theres a real warm place waiting for the **AA Lawyers when their life is over.

    [cx]

    1. Re:MPAA Check Out by joeljkp · · Score: 3, Insightful

      I would imagine they take reasonable effort to make sure that the people they target were actually trading illegal files. Download a movie on a bittorrent, make sure it's legit, then record all the IPs downloading the same thing, for instance.

      If you get sued for downloading something that wasn't illegal, you don't have to settle. I'm sure if you bring it up in negotiations that the thing you downloaded was actually your cousin's piano recital, they'll opt to drop the suit rather than go to court and pay a nasty PR penalty when the words gets out. And if they're boneheaded and take you to court, a reasonable judge would make them pay your court costs and associated damages. Life, however, isn't fair, so perhaps somebody may get screwed.

      --
      WeRelate.org - wiki-based genealogy
  4. Give me one fucking name by Vordak · · Score: 3, Insightful

    "The studios argue that the lost revenue means fewer artists will work to create movies or TV shows." Give me one name of someone that is an 'artist' and won't star in a tv show or movie.. I can see not staring in a shitty movie/tv show, but there isn't anyone out there that won't star in a movie/tv show if its good..

  5. Downloaders? by joeljkp · · Score: 3, Insightful
    From the article:

    Earlier this month, the MPAA filed lawsuits against computer networks utilizing a software technology known as BitTorrent, but these new suits were against end users, or people who actually downloaded the films.


    Is this a change in tactic for both of the *AA orgs? I was under the impression that up to now, they had only sued the uploaders or the people facilitating the sharing.

    --
    WeRelate.org - wiki-based genealogy
    1. Re:Downloaders? by Tink2000 · · Score: 4, Informative

      Unfortunately (stupidly?), the *AAs are looking at both up- and down- loading as equally wrong.

      "Napster users infringe at least two of the copyright holders' exclusive rights: the rights of reproduction, 106(1); and distribution, 106(3). Napster users who upload file names to the search index for others to copy violate plaintiffs' distribution rights. Napster users who download files containing copyrighted music violate plaintiffs' reproduction rights." See A&M RECORDS, Inc. v. NAPSTER, INC., 239 F.3d 1004 (9th Cir. 2001) (emphasis added)."

      Untill just recently, they've taken a "kill the head and the body dies" approach by getting the big uploaders.

  6. I'm not surprised that they are targeting swappers by Rahga · · Score: 5, Insightful

    I'm nout surprised that they are targeting file swappers... I mean, it would look bad if you had to sue your own people after they leak the movies.

  7. Bazzars and Asian Piracy does not equate to dloads by Crashmarik · · Score: 3, Insightful

    For one thing the asian pirates produce a much better product. The picture is perfect its a full copy of the DVD usually indestinguishable from the originals.

    The stuff off the internet is usually at best described as low quality with choppy motion, questionable sound and video artifacts from the compression schemes used.

    While the MPAA has every right to go after people that violate their copyright they should in no way be allowed to delude the courts,their investors, or themselves that suing movie lovers will improve their bottom line.

  8. black market ( not file sharing) by free+space · · Score: 5, Insightful
    From the article:
    The studios claim they lose $3.5 billion worldwide in annual revenues from sales of illegally copied movies on video and DVD formats in street bazaars and black markets.
    ...
    Earlier this month, the MPAA filed lawsuits against computer networks utilizing a software technology known as BitTorrent, but these new suits were against end users, or people who actually downloaded the films


    Apparently, they're currently targeting the distributors who are selling illegally copied films.they should stick to that strategy, as it 1) focuses the attacks on what hurts them most (since black market targets customers who pay for the stuff) and 2) less likely to make consumers hate them
  9. stealing by Fuzzums · · Score: 4, Insightful

    you're actually better off by breaking in and stealing 1000 dvd's!

    but virtual crime seems worse...

    --
    Privacy is terrorism.
  10. MPAA: Sue the Screeners by Speare · · Score: 4, Insightful

    I'd like to see some high-profile news articles about MPAA suing the producers, the screeners, the guild members who leak out all those freebie discs. That'd be good for the debate, but I'm not gonna see CNN (a division of Time Warner) covering this sort of thing.

    --
    [ .sig file not found ]
  11. oh please by Arctic+Dragon · · Score: 3, Insightful

    "The studios argue that the lost revenue means fewer artists will work to create movies or TV shows. Traditionally the films that are rewarded by Oscar voters at the Academy of Motion Picture Arts and Sciences are those that take thematic and commercial risks.

    When rampant online theft occurs, these films become that much harder to finance...we cannot and will not let that happen," MPAA Chief Executive Dan Glickman said in a telephone conference call with reporters.
    "


    I'm sick of their "the stuntman will starve if you download a movie!!" argument, when actors make millions per movie (eg., Brad Pitt earned $17.5M for Troy). I'm not trying to justify the downloading of movies, I'm just sick of the MPAA's silly argument.

  12. Stupid lost revenue by ChaosCube · · Score: 4, Interesting

    I can see it now, "We've lost an estimated $2 billion so far this year; all due to peer to peer file sharing." There's a big flaw in their argument. Who is to say that users would pay for these movies in the first place? Let me explain. I have downloaded a few movies and songs in my day, but I would not have paid for them in a store. The studios are claiming lost revenue, but the reality is that the people are downloading them simply because they are there and a movie may be cool to watch. I have downloaded exactly one (1) movie that the MPAA would consider theirs, but I never would have paid to see it in the theater or purchase it at a store. There was no lost revenue, not even close. So, as we know, these numbers come straight out of people's asses. I suspect that many others share similar views about the movies. They are downloading them becuase they are there and may be entertaining, but would never actually pay money to see them because that would be a waste.

    --
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  13. "capitalist scumbags" by Infonaut · · Score: 3, Interesting
    Just a good example of capitalist scumbags.

    Hmm... . So the behavior of one cartel makes every captialist a scumbag?

    Are the people at Yahoo scumbags? What about the folks who run the show at 3M? Ford? IBM? Dow-Corning? ARM Holdings?

    Are there any capitalists who aren't scumbags, or is a large business automatically evil?

    --
    Read the EFF's Fair Use FAQ
    1. Re:"capitalist scumbags" by NormalVisual · · Score: 4, Insightful

      Are there any capitalists who aren't scumbags, or is a large business automatically evil?

      Large corporations are not necessarily "evil", however one wants to define that term, but in my experience the vast majority of publicly-held companies are amoral, meaning there is no real sense of right/wrong. There is only a sense of what increases the bottom line. These are the kinds of companies that will, for instance, continue to spew pollution as the fines for it are cheaper than actually lowering emissions. Another example would be of an automaker that saves money by settling with plaintiffs as opposed to making a safer vehicle. In general, the law doesn't mean a whole lot to them if it's cheaper to break it than to follow it, even if they get caught. I wouldn't categorically say that all large companies are evil, but I would say that it's a safe bet that most will do whatever makes them the most money, regardless of right or wrong, and unfortunately the upper management of said companies could be considered to be in breach of their fiduciary duty if they didn't.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    2. Re:"capitalist scumbags" by NardofDoom · · Score: 4, Interesting
      Let's talk about evil.

      In just about every creative work, evil is archetypical. Take vampires. They have an insatiable thirst for blood. They can never get enough. Same with werewolves. Same with demons. Same with The Flood from Halo. Same with the Aliens(TM). Same with the Cylons and the Goauld. Same with the Necromongers and Voldemort. They take what they want, by any means necessary, and won't stop until they have it all.

      So what does this mean, culturally? Do we find things that consume without end to be evil? There's one thing that knows no limits to consumption; that doesn't know the meaning of the word 'enough' and doesn't have any qualms about using whatever means necessary: A corporation.

      By now you're probably thinking "but corporations are run by people, and normal people aren't asshats." Well, corporations are designed to shield individuals from prosecution, and are motivated to maximize profit. Individuals in a corporation who make profits go up are rewarded, and ones that make profits go down are not. And, for the most part, they use a short-term view.

      So what you have is a race to the bottom. People who are willing to work the hardest for the least amount of money get the jobs. People who are willing to sacrifice their morals for increasing profits get rewarded. People who are willing to exploit others and make messes and not clean them up and even break the law (if the fines are less than the returns) are rewarded. In this environment, it's hard not to become "evil." This is particularly true in large organizations, where red tape and bureaucracy and sheer size make it impossible to monitor everyone's behavior.

      So, if you use the literary archetype of evil as your definition, corporations and the capitalists who run them are, in general, evil.

      I'm just sayin.

      --
      You have two hands and one brain, so always code twice as much as you think!
  14. What Proof do they have? by Z-Knight · · Score: 5, Insightful
    I may be naive, but what proof can they possibly have that

    (1) someone is downloading a particular movie/song/etc and not simply a file named as a movie/song/etc? I mean, someone can simply be downloading a file containing PI to the 10,000th digit or something stupid like that? How can they tell that what they donwload is the movie without actually looking at the file themselves? And if they are looking at the files that were download then are they not packet sniffing and hence breaking into people's computers (essentially)?

    (2) Secondly, what if someone owns a particular movie on DVD but does not have the ability to convert it to avi or mpg format for his computer...he then downloads it from the internet so he can view it on his trips, etc....does he not already own the movie? How can they sue him for downloading it since he already has it, he just needed a different medium of it!!! To take that a step further...how can the MPAA prove that he doen't own any of the movies that he downloaded? Maybe he does and maybe he broke all his disks or his kid scratched them up...should he be forced to buy new ones when he already bought them before?

    Seems to me, that these suits require people to prove their innocence rather than the MPAA having to prove their guilt...that is unconsitutional!!!

    1. Re:What Proof do they have? by sacrilicious · · Score: 3, Interesting
      someone is downloading a particular movie/song/etc and not simply a file named as a movie/song/etc? I mean, someone can simply be downloading a file containing PI to the 10,000th digit or something stupid like that?

      Conversely, a given downloader typically has no way of being certain of what they're downloading until it's complete. What if my friend says that there's an amateur porn movie with the title "Sideways", I download it, and it turns out to be the current theater release? I had no way of knowing this before completing the download. Is there a law that says that once a studio uses a word as a title, that no other work may be distributed while named the same word? IMO that would amount to copyrighting the word itself, which is clearly public domain.

      --
      - First they ignore you, then they laugh at you, then ???, then profit.
  15. Who do you think will win? by Laurentiu · · Score: 4, Funny

    "The next contestants may not be very well known to the general public, but they will be after our lawyers finish tearing them apart. Ladies and gentlemen, here they are:"

    Lights out.

    "John Doe One. This 15 year old criminal downloaded a crappy hand-filmed DIVX version of Spiderman 2. He agreed to sell one kidney and both his eyeballs to pay the 150k fee."

    "John Doe Two. A medschool student (still), the IP of his machine was found in the Lokitorrent logs. That's proof enough that he is guilty. He will spend the next 106 years making Texas license plates to cover for the fine."

    "John Doe Three. 35 years old, still living with his mom, has a valid Slashdot account. Since all Slashdot users are geeks and all geeks download illegal contents from P2P networks, he's guilty as hell. Sentenced to 25 years in the Russian unranium mines."

    "John Doe Four. Farmer, age 42. His computer contained the infamous BitTorrent software. He claims his 12 year old nephew has installed it without his knowledge. Both are in custody at a high security location, awaiting the decision of the MPAA board."

    "John Doe Five. He posted a nasty anonymous comment about MPAA on a well-known forum dedicated to freedom of speech. Why anonymous, John? Do you have something to hide? Thankfully his ISP has been forced to disclose his IP under the Patriot Act, and now the 28 year old security consultant faces the death sentence under accusations of theft, identity stealing (Mr. A. Coward was appaled to find out you used his name, buster!) and digital terrorism."

    Lights in. Humorous comment from the host.

    "And the loser is...."

    --
    Just /. IT
  16. How about they fix their security holes first? by Ironsides · · Score: 4, Insightful

    The bigest security hole in Hollywood does not come from it's customers, nor the "Analog Hole". It comes from insiders who either stupidly distribute the material to those who ask for it, or those who are bribed to supply it. Pro Pirates can come out with copies of DVDs before the official ones hit the street. How? Because they pay someone working in either the DVD authoring or the DVD pressing to send them a copy of the DVD.

    The other way is actually quite funny. My boss has been working in TV for a few decades now. Back when he worked in Network News, they called up the company that produced Star Wars: A New Hope (yes, the first movie) to get some footage for the news. The studio sent them the whole movie over the satelite (which they recorded to 2" tape). Mind you, at this point the movies was still in theaters, and they had their very own high quality copy.

    Before the MPAA can do anything about piracy, they need to fix their own security holes first. Consumers aren't going to be doing this proffesionaly and on a wide scale. The people who get to the material before the DVD that gets pressed are.

    --
    Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
  17. Re:Bazzars and Asian Piracy does not equate to dlo by Troed · · Score: 4, Informative

    The stuff off the internet is usually at best described as low quality with choppy motion, questionable sound and video artifacts from the compression schemes used.

    Absolute bollocks. 1.4Gb XviD, DVD-R rips or HRHD (that high definition rips in high resolution off HDTV) are sometimes _better_ quality than national TV in many countries - and HRHD rips rival _anything_ available to buy here in Europe (while still being playable in HDTV resolutions with an Xbox and a projector/plasma/lcd-tv).

    Why buy something of lesser quality when you can download something that actually makes use of the expensive toys you bought?

  18. art by rhennigan · · Score: 3, Insightful

    Human beings have been creating art for a looooong time without the protection of the RIAA or MPAA. I seriously doubt that downloading music and movies is going to change that.

  19. i want to see an open source movie by circletimessquare · · Score: 3, Interesting

    if linux can compete with microsoft, why can't we have "lisney" compete with disney?

    some hive of scriptwriters assembling a script piecemeal blog style... filming being doled out to small crews of the motivated filming individual scenes... editors being anyone at their pc, results voted on by committee... and then distribution and advertising is a no-brainer: all web

    digital hd is becoming really cheap now, there is no reason why an open source style studio system couldn't give the traditional lumbering studios that spend bajillions a good run for their money in terms of product people would want to see... and it's free as in beer and speech

    of course, since there is no "real" (traditional) money in it, the really good talent would get seduced by the traditional studio system for big bucks eventually... but, that fact alone means this plan is a workable idea

    and additionally, distributors WILL buy good product, so there might be a way to make money off of open source filmmaking directly anyways: copyleft ensures a line of ownership so money will get back to those who contributed proportionally (you wrote 2 lines of dialogue which was used in the final cut of the picture, the film made $32 million, so according to the rules we set up before scriptwriting started, here's your check for $4,233.12)

    and we can put to test once and for all the assertion that free product on the internet actually INCREASES purchases and interest in a product: a groundswell of interest a la "the blair witch project" leading to warm seats at the box office regardless of its pre-existing free availability on the net (yes, believe it or not, there are people out there like me who think that watching a film on a 17 inch monitor alone in my underwear doesn't compare to a real popcorn munching oohing and aahing theatre experience, even figuring in the crying babies and the cell phones)

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  20. No by tetromino · · Score: 3, Insightful

    you're actually better off by breaking in and stealing 1000 dvd's!

    No. Stealing 1000 DVD's would put you in felony territory in pretty much all states; that is to say, you get to spend some time in a mound-me-in-the-ass-state-prison, you lose the right to vote, you will have problems getting firearms legally (if that's your thing), and you will have great difficulties finding an employer willing to hire you. In the US, it really sucks to be a former felon trying to lead a normal life. On the other hand, stealing 5 DVD's is only a misdemeanor, so if you are caught, you might get off with a $500 fine and some community service.