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MPAA Blames BitTorrent for Star Wars Distribution

AI Playground writes "Slyck News reports on the MPAA's press release (.doc) blaming the BitTorrent protocol for the leak of Episode III. MPAA President and CEO Dan Glickman: 'There is no better example of how theft dims the magic of the movies for everyone than this report today regarding BitTorrent providing users with illegal copies of Revenge of the Sith. The unfortunate fact is this type of theft happens on a regular basis on peer to peer networks all over the world.'"

33 of 1,196 comments (clear)

  1. Copyright by kdark1701 · · Score: 5, Insightful

    I'd start taking him seriously if they used proper terminology. It is copyright infringment, not theft.

    1. Re:Copyright by pete6677 · · Score: 4, Insightful

      Copyright infringement carries heavier penalties than theft in the traditional sense. If you are ever unlucky enough to be on the receiving end of a copyright infringement lawsuit, you'll be wishing you had just been caught stealing a movie from Best Buy and got off with probation and a small fine, rather than a civil suit which will bankrupt you even if you ultimately prevail.

    2. Re:Copyright by tomhudson · · Score: 4, Insightful
      The copyright owner has the exclusive rights to copy and distribute the work among others.
      No, they don't have EXCLUSIVE rights. Fair use, use in educational situations, quoting when reporting, etc., are all recognized by law as exceptions to the so-called "exclusiveness" of copyright.

      Its mentioned in the very first 2 lines of the law you quoted:

      Sec. 106. Exclusive rights in copyrighted works

      Subject to sections 107 through 121
      so, what do they say there?
      Sec. 107. Limitations on exclusive rights: Fair use

      Notwithstanding the provisions of sections 106 and 106A, the fair
      use of a copyrighted work, including such use by reproduction in copies
      or phonorecords or by any other means specified by that section, for
      purposes such as criticism, comment, news reporting, teaching (including
      multiple copies for classroom use), scholarship, or research, is not an
      infringement of copyright. In determining whether the use made of a work
      in any particular case is a fair use the factors to be considered shall
      include--
      (1) the purpose and character of the use, including whether such
      use is of a commercial nature or is for nonprofit educational
      purposes;
      (2) the nature of the copyrighted work;
      (3) the amount and substantiality of the portion used in
      relation to the copyrighted work as a whole; and
      (4) the effect of the use upon the potential market for or value
      of the copyrighted work.
      Section 108:
      Sec. 108. Limitations on exclusive rights: Reproduction by
      libraries and archives
      Section 109:
      Sec. 109. Limitations on exclusive rights: Effect of transfer of
      particular copy or phonorecord
      Remember how the music industry got all upset about people selling their used CDs? Fuck 'em, its legal.

      Section 110:

      Sec. 110. Limitations on exclusive rights: Exemption of certain
      performances and displays

      Notwithstanding the provisions of section 106, the following are not
      infringements of copyright:
      Section 111 - rebroadcasting:
      Sec. 111. Limitations on exclusive rights: Secondary
      transmissions

      (a) Certain Secondary Transmissions Exempted.
      There's more, but I think I've made my point. There is no such thing as "exclusive".
  2. Once again... by Geekenstein · · Score: 5, Insightful

    A case of blaming the highway for the high speed chase. Nothing new here...move alone.

    1. Re:Once again... by Dysfnctnl85 · · Score: 5, Insightful

      EXACTLY!

      BitTorrent maybe the catalyst but it's certainly not the reason the movie got leaked...how about the person who actually ACQUIRED the film in the first place?

      Good lord!

  3. Tinfoil hat time! Did the MPAA leak it purposely? by GuyMannDude · · Score: 5, Insightful

    It's interesting to note that the copy making rounds on the p2p networks is a workprint and not a cam-copy, suggesting an inside job. Given that everyone knew how high-profile ROTS was going to be, it doesn't seem too improbable that the MPAA purposely leaked the print just so they could make a big deal about it. I mean, ROTS is pretty much review-proof and p2p-proof; anyone who was interested in the film was going to the theater to see it anyhow. So there really wouldn't be a big loss by leaking this copy and it gives them a perfect opportunity to bang on the drum again. If ever they were going to leak a blockbuster, ROTS would be the one to do it for.

    GMD

  4. P2P and guns by CaymanIslandCarpedie · · Score: 4, Insightful

    Why is it whenever anyone talks about wanting to ban guns because of the "dangers" they pose, they get laughed out of the spotlight and everyone says "guns don't kill people, people kill people". However, when it comes to piracy these idiots seem to be making progress with their message of trying to ban technology.

    Repeat after me.

    Technology doesn't pirate IP, people pirate IP!!!!!!!!!!!!!!!

    --
    "reality has a well-known liberal bias" - Steven Colbert
    1. Re:P2P and guns by Stalyn · · Score: 4, Insightful

      It is because in America we believe that guns == freedom. That somehow if the big bad government goes out of control and takes away our freedom we can get it back with our guns. The reality is the government is taking away our freedoms slowly and those guns are not going to stop it. It is some sort of fantasy embedded into the American unconscious that we can earn our freedom through shooting people.

      Freedom isn't earned through how many deaths you can inflict on the enemy but how many deaths you are willing to risk.

      sorry for going offtopic...

      --
      The best education consists in immunizing people against systematic attempts at education. - Paul Feyerabend
  5. Magic of Movies by futurekill · · Score: 5, Insightful

    I think the $10 price of a ticket is starting to dim the "Magic" of movies more than bootlegs...

    --
    The gates in my computer are AND, OR and NOT; they are not Bill.
  6. Everyone I know by mindaktiviti · · Score: 4, Insightful

    Who's downloaded Episode 3 has gone - or is planning to go - to the theatre to see this movie.

    If it was some drama or romantic comedy, then no, they wouldn't go to the theatre, but this is a special efx movie and is best seen either at the theatre, OR on a crazy home system if you have the DVD or DVD-like quality.

  7. Re:And this is news? by bman08 · · Score: 5, Insightful

    I believe it was BitTorrent on the Grassy Knoll. BitTorrent also touched those boys at Michael Jackson's pad. This is like blaming Boeing for destroying the World Trade Center.

  8. He's absolutely right by Shky · · Score: 4, Insightful

    As I stood in line at midnight, surrounded by fellow geeks, the only thing I could think of was: "Wow, BitTorrent has dimmed the magic right out of this."

    No, wait, it didn't. The simple fact is, those who were going to see it in theatre did, and those who never were (or who were just going to borrow the DVD from a friend when it came out) didn't. Nothing new here.

    --
    CC Licensed Serialized Story and Podcast: Ingenioustries
  9. Terminology is chosen to generate emotions by GuyMannDude · · Score: 5, Insightful

    You're splitting hairs to justify doing something that is clearly ethically wrong, that is pirating movies, music, and software.

    It's more than splitting hairs. Piracy is not a synonym for copyright infringement. Piracy and theft are charged words designed to generate a strong emotional response. Unconsciously, the word 'piracy' conjures up images of barbarians who murder and rape without remorse. 'Theft' is used to dig at the fear that everyone has of having their material items stolen from their house. Yes, consciously, we know that a 13-year old 'pirate' is not a raping, murdering, theiving monster but the MPAA wants to generate fear, anger, and other emotions in the public. Using 'copyright infringement' -- the correct term -- just won't do that for them. So they continue to use incorrect terminology. We're not being grammar nazis by insisting that they use less-neutral terms. Yes, copyright infringement is wrong. But it's a different class of wrong from the actions of pirates and thieves.

    GMD

    1. Re:Terminology is chosen to generate emotions by vsprintf · · Score: 4, Insightful

      I'm not that old. The word 'piracy' does not conjure up images in my brain of barbarians raping and murdering without remorse.

      I guess I'm older because it does carry connotations of rape, pillage, and murder for me, and I'm the same generation as most of the legislators in the Congress. Guess which generation has many members with little computer knowledge but are making these misguided laws. It's not just age or familiarity either. The politicians are in the pocket of big business, and a bit of hyperbole from the privateers (MPAA, RIAA) makes for a good, self-righteous speech on Capitol Hill while pocketing the campaign contributions and sponsoring the legislation.

      I keep trying to vote these glad-handing, carpetbaggers out. Where is the younger generation?

  10. Re:Tinfoil hat time! Did the MPAA leak it purposel by timeOday · · Score: 4, Insightful

    How much mileage do you think they'll really get out of this, though? The general public knows that some people download movies, just as they know some percentage of people driving their cars to see the movie at theaters were speeding. It doesn't make it OK, but it's just not interesting to hear about anymore.

  11. Re:they need to be stopped by rokzy · · Score: 4, Insightful

    why do you assume wanting people to be truthful about something ammounts to justifying it?

    for example, no matter whether I'm for or against the right to have an abortion I don't want people describing the doctors as "baby murderers". it is incorrect.

    and anyone who needs to make incorrect statements to make their argument sound strong should always be regarded as suspicious.

  12. Re:they need to be stopped by Scrameustache · · Score: 5, Insightful

    clearly ethically wrong, that is pirating movies

    The MPAA is in no position to give me, or anyone else, ethics lessons.

    --

    You can't take the sky from me...

  13. Re:they need to be stopped by rpdillon · · Score: 5, Insightful
    Granted, but that is not really the point of the article. The release specifically says that Bit Torrent has provided the pirated movies.

    This is obviously wrong and misleading. It is akin to saying the axe murdered the person, or it was the car that hit the guy in the crosswalk. That is simply not the case: it is the PEOPLE behind the tools that make the decision about how to use them.

    This rampant demonization of peer to peer software is absurd. The fact that we have to have a case go to the supreme court to decide whether or not peer to peer software should be legal is absurd. They have to decide in the HIGHEST COURT of the land whether or not people who own computers can share data between the computers?

    Again, we (as a society) love to blame the tools, rather than take personal responsibility for our actions. I, for one, grow tired of it.

  14. Re:they need to be stopped by skasingularity · · Score: 5, Insightful
    Clearly unethical? Like stem cell research is clearly unethical? Or more like homosexuality is clearly unethical?

    There are people who would tell you eating pork is clearly unethical. You say the grandparent poster is splitting hairs, I say you're being too general.

  15. Re:And this is news? by Anonymous Coward · · Score: 5, Insightful

    BitTorrent is (one of many) file transfer mechanisms that spareds distribution cost evenly over content consumers, instead of dumping it all on the content producer.

    And that's all it is. Nothing magic, evil, or anything.

    The only reason the MPAA doesn't like it is because it happens to be prohibitively expensive for someone who isn't making money off of it to distribute lots of content in the old days. The MPAA makes lots of money from licensing their content, so they don't care if it's expensive for a content producer to distribute data. P2P simply happens to reduce cost to content producers (good for individuals who can produce worthwhile content, like open source authors or Red vs Blue artists) below the point where individuals without scads of money can infringe on copyrights held on very large files like movies.

    The attacks the MPAA is making against P2P are attacks against inexpensive content distribution, and all those that rely on it and those that benefit from it.

  16. Of course by Kjella · · Score: 4, Insightful

    It's more than splitting hairs. Piracy is not a synonym for copyright infringement. Piracy and theft are charged words designed to generate a strong emotional response. Unconsciously, the word 'piracy' conjures up images of barbarians who murder and rape without remorse.

    ...when that term was first coined (centuries ago), people actually feared pirates. Nowadays pirates are characters in cartoons and adventure films for the family with very little resemblance to actual pirates. Quite a few are anti-heroes (ie. on the bad side, but still "cool") or in some way redeem themselves, and not least of which act a lot less brutal and more honorable than the real thing. When children get old enough that they want to be scared, they don't go see a pirate vid about how it really was, they see "Alien" or the like. I think the effect is overrated at best.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  17. Re:Let's please get our heads on straight... by Anonymous Coward · · Score: 5, Insightful

    I find nothing wrong with the terms "piracy" and "theft" to describe such actions.

    But what about "rape" and "murder"? When you copy a movie, you are metaphorically raping the director by taking something he considers precious, without consent, for your own pleasure. And you are metaphorically murdering his chance of making a profit out of you.

    In fact, I think people who rape kids' movies should be charged with sex crimes. Those pedos are some sick people. I heard about this guy who even copied an old "Bambi" VHS tape! Pedophilic rape and bestiality in one. The sicko tried to say it was okay because the copy was for his granddaughter. That's just twisted.

    Or maybe we could, you know, use words which are actually descriptive of the real crimes being committed?

    "Copyright infringement" should be reserved for cases such as when I make a video game that stars Mario or Pokemon, infringing upon Nintendo's copyright.

    No, it shouldn't - because that would be a case of trademark infringement, not copyright infringement, unless you used Nintendo's actual artwork or level layouts.

    Of course, it's not your fault you don't know the difference. You've been confused by everyone using words wrongly. If everyone used "theft" to mean theft and "copyright infringement" to mean copyright infringement and "trademark infringement" to mean trademark infringement, then there would be no confusion. When you start using "theft" to mean copyright infringement, it's hardly surprising that you then get confused and use "copyright infringement" to mean trademark infringement.

    And yes, the difference is important. Copyright infringement can be a criminal offense in some circumstances; I don't think trademark infringement can. That's a pretty big difference.

  18. MPAA's at fault by Propaganda13 · · Score: 5, Insightful

    I didn't know that you could download the new Star Wars until the MPAA told me. So they're really to blame for me downloading it right now.

  19. Well, last I checked... by Kjella · · Score: 4, Insightful

    ...I didn't get to buy ABC (Atomic, Biological, Chemical) weapons, jet fighters, tanks, artillery, rocket launchers, assault rifles, sniper rifles or any other kind of heavy weaponry on the free market. The content industry is worried because we have a WMI (Weapon of mass infringement) in every home. Or well, slashdotters have an arsenal. If everyone had WMDs, I'd be heading for the nearest bunker real quick.

    Their real problem is that there's no specific purpose. If you were building a large enough arsenal to start WWIII, well chances are pretty good that's what you're planning. If I build a means to quickly distribute large amounts of information, it doesn't imply anything at all. Sending streams of 0s and 1s is as general-purpose as you can get.

    To pull a real geeky analogy, it is as if we invented the Star Trek replicator, and it was banned because it could replicate anything, even weapons and controlled substances. Or the holodeck was banned because it can simulate anything, and then someone could simulate their pedo fantasy in there.

    Trying to turn the attention towards people is pointless, because anyone who isn't completely blind can see that people don't care about IP. It's like saying the same about guns when everyone is going around slaughtering eachother. If you want a better analogy, copyright is the "modern prohibition" and piracy the massive moonshine production. Banning P2P is like banning grain and potatoes to stop moonshine liqour.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  20. Well, I'm 100% in favour of the MPAA by biglig2 · · Score: 4, Insightful

    Why? Because I'm glad to know it was bittorrent that ruined the magic of Star Wars for me.

    You see, for a few nasty moments there I thought it was the shitty dialogue, the obscene toy commercialism, and the crude racial sterotyping that was doing it, but now I know it is BitTorrent, so I can uninstall Azereus and get my childhood back...

    I still remember my Dad deciding I should go and see Star Wars despite the pain in
    my bad leg, and I still love him so much for it, and it's good to know that a easy to uninstall protocol is what tried (and failed!) to piss on that memory.

    What makes it a really noble announcement by the MPAA is the fact that, since I have bought DVDs of every single non-shite film I ever downloaded via Bittorrent, removing Azereus will decrease MPAA member revenue.

    You have to salute people who are willing to make a stand for what they belive in!

    --
    ~~~~~ BigLig2? You mean there's another one of me?
  21. the blame game by Anonymous Coward · · Score: 5, Insightful

    Let's blame trucks for bringing illegal immigrants across borders, hyperdermic needles for heroin use, beer cans for alcohol abuse, cameras for pornography, voice boxes for the rise in bad language and linear time for people getting older and dying.

  22. Re:You, sir, are most correct! by muszek · · Score: 5, Insightful

    1. With 40k salary, $100 is still important. On the dark side: Lukas shits money (not sure if it's correct English), $xM is less for him then $50 for me.

    2. I don't recall anybody but my friends/family worrying after I got robbed/stolen from (it happened few times... even after I got kicked multiple times in the head they told me to wait patiently at the hospital for several hours before any doctor spoke to me). Why in the world would we give a shit about people that aren't even "neutral strangers", but people we honestly dislike (MPAA)? I didn't go outdoors to find that guy and smash his head. And that's exactly what MPAA and other fatties are doing. Here's one recent example. They do a lot of nasty things, which are immoral to people that are far less strict than I am. 3. Stealing $100 from me means I'm losing $100. Downloading illegal movies means they are not getting extra $xx. Little difference, but still, a difference.

    4. I personally believe that it's morally worse (yes, I'm a relativist) to be a fat guy that chases little ones than to be a little guy and steal intellectual property from fat guys.

  23. Re:Shh! by Greyfox · · Score: 4, Insightful
    It's not just a matter of it being their product. They're lobbying for legislation against technology that is not their product. They're attempting to make it impossible for anyone else to use that distribution model either. They're attempting to hold programmers responsible for how their programs are used.

    Apple's already clearly demonstrated that the market's there and has a price point higher than zero for music. It's only a matter of time before someone (Tivo maybe?) figures out how to do that for movies. The more the *AA people stand in the way, the longer that's going to take. That's what I'm on about.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  24. Re:You, sir, are most correct! by Atryn · · Score: 5, Insightful
    Ahhh, it's all relative then. So you wouldn't care if some homeless guy ripped you off for a hundred bucks or so. Got it.
    No, you are completely missing the point. It has nothing to do with relativity. It has to do with a complete misunderstanding of the impact of this technology on the market. Did Ep III land on BitTorrent? Yes. Did that impact it's first day sales? No.

    If anything, the excitement around the movie was probably heightened by early reviews that came out from folks who had seen it illegally. I know I was in a theater auditorium live on a MUD (on my Blackberry, yes I'm a geek) and someone said they had already seen it 12 hours ago but were going again that day. They had also already encouraged others to go see it.

    Hollywood seems to believe that everyone is out to rob them. The truth is that when a movie is good, folks WANT to see it on the big screen and folks WANT to reward Hollywood for a job well done.

    Where BitTorrent might have an impact would be on a BAD movie -- and that is what I think Hollywood is really worried about. Did you see the backlash against cell phones and SMS after The Hulk came out? It's dissapointing start was largely blamed on early messages floating around telling folks how bad it was, causing them to cancel plans to see it.

    I, for one, think Hollywood should embrace technology more. I have a 1-year old child, and seeing the midnight debut of Ep III was a MAJOR hassle. Had they provided me with a legal way to see it in high quality, I would gladly have paid more than a theater price for the convenience.
    --
    Come play Moral Decay!
  25. Re:And this is news? by et764 · · Score: 5, Insightful

    Except in this case the press release is directed specifically at BitTorrent for facilitating the distribution of Episode III. They are not attacking piracy, but blaming BitTorrent for it.

  26. Rape = download? Who modded this guy insightful? by MunchMunch · · Score: 5, Insightful
    "If you see this same woman, is not working at a particular moment, due to not having a paying client, should you be allowed to take a free romp? Sure, why not, that's what she does, and she's just sitting there."

    Wow...Just, wow.

    I know multiple women who have been raped (and, if you check out the anonymous survey statistics, chances are you do as well) and I'd like to see you try to tell them that their being raped is comparable in any way to downloading a movie without permission.

    I know what you were trying to say (trying to paint copyright as an absolute moral right--an idea so historically rejected and antithetical to the original conceptions of copyright in the US that that in and of itself deserves to get you kicked out of the room), but if you can't see how watching a movie without permission and raping a woman might -- just might -- be too incongruous subjects for analogy, then there isn't much more to say.

  27. Re:You, sir, are most correct! by Guppy06 · · Score: 4, Insightful

    "Hollywood seems to believe that everyone is out to rob them."

    When it's what you do all day it's difficult not to expect it from others.

  28. Re:You, sir, are most correct! by crizh · · Score: 4, Insightful

    If I were the Dealership or even Ferrari itself I would immediately acquire the wand.

    I would have recognised it as a method of slashing my manufacture and distribution overheads and therefore a way of increasing profits.

    Just as the RI/MPAA have manifestly failed to.

    --
    Trust The Computer, The Computer is your friend.