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The MPAA and EFF Cross Sabers

wigwamus writes "Motion Picture Association President Dan Glickman and Electronic Freedom Foundation co-founder Johh Perry Barlow lock horns, then knock lumps off each other over the movie business' attitude to the Internet. From the article: 'These are aging industries run by aging men, and they're up against 17-year-olds who have turned themselves into electronic Hezbollah because they resent the content industry for its proprietary practices.'"

21 of 401 comments (clear)

  1. sooner or later the industry will give in... by Ritz_Just_Ritz · · Score: 5, Insightful

    The bottom line is that if I can see it or I can hear it, I can find a way to copy it. If you make it too difficult to watch a movie or listen to a music, people won't buy it. They'll eventually figure out that they have more to gain by making things easy to use rather than creating ill will and incompatibiity by trying to stamp out casual copying.

    1. Re:sooner or later the industry will give in... by GoatMonkey2112 · · Score: 5, Funny

      Eventually people who are not computer geeks posting on /. will realize that DRM is a pain in the ass. It could even be the downfall of Blue ray and HD-DVD. Eventually there will be a music/media player that is cooler than the iPod and people will realize why DRM sucks. All of the time spent in courts will eventually be a waste on both sides of the issue. Just wait and things will work themselves out naturally.

    2. Re:sooner or later the industry will give in... by sorak · · Score: 5, Interesting
      that's a good point; although I'm going to pull you up on the "If you make it too difficult to watch a movie or listen to a music, people won't buy it." bit... It is already far too hard just to play DVDs that you own; you have to jump through hoops like watching "you shouldn't copy this" etc. and then on Fedora because of the copy protection it won't play strait off (you need an update from livna). And the copy protection means that I can't use my RIGHT to hold a copy of the material I have bought... which meant that when I lost one of my Futurama DVDs all I could do legally is buy another... they don't deserve to have any customers.

      Unfortunately, most people use standard DVD players, or their playstation 2, if they have one, and will never know or care about the pains of trying to play DVDs on a Fedora install. As for the FBI (or interpol) warning, well, originally, a selling point of DVDs was that you could skip past the previews and go straight to the movie. Now that VCRs are going extinct, the movie industry is designing DVDs that make you watch the previews anyway, and people are still sitting through it, to get to the movie. The point is that if they are willing to sit through five minutes of previews, then the FBI warning is no obstacle for them.

      The only thing they really care about is that they can't make backup copies of their stuff. Most people however, are more cynical than idealistic, and so they just assume that because most people do not make backup copies of their cds and dvds, and because most of the people who do copy them, give copies away, that it is fair for the industry to do whatever they can to protect their content. Point is, the grassroots resentment toward the MPAA/RIAA isn't getting any better, and most people will jump through whatever hoops they're given.

      I'm also wondering how long it will be before the RIAA comes up with a new media distribution format (a sort of super-audio-CD) that does something for the customer (maybe raises the sampling rate from 44k to 48k), and also uses a CSS-style encryption. Such a system would be cracked in no time, but the purpose of it would be to make mp3 rippers and unlicensed players illegal (through the DMCA ban on decryption software). Of course, they could then license the rights to microsoft and a few other companies to create software (some of it would come with WMP) that could rip the music into a heavily DRMed format, so that end-users would get just enough freedom to make them use the format. The funny thing is that Microsoft would warn people that they no longer support mp3 ripping of this new media because it is "insecure", and people would eventually stop using mp3 because they perceive it as an outdated technology.

  2. that's right, we're escalating by Surt · · Score: 5, Funny

    No longer will copiers of electronic media be referred to as 'pirates'. They are now to be escalated to terrorists. That way, the MPAA & RIAA can get federal anti terrorism money to help in their fight against these evil people.

    --
    "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  3. Hear the audio by wigwamus · · Score: 5, Informative

    You can hear extended audio of Glickman v Barlow on the Newsnight 9th June podcast, 20 minutes and 20 seconds in. Download from http://phobos.apple.com/WebObjects/MZStore.woa/wa/ viewPodcast?id=136697142

  4. Comparing bits to concrete items? by haluness · · Score: 5, Insightful

    I think Glickmans comparison of music to clothes and cars is where his argument fails.

    Copying a song does not deprive anybody of the item - only the entity that controls how money is made from the transaction

  5. Re:Yep by kfg · · Score: 5, Insightful

    See the Boston Tea Party and the American War of Independence.

    KFG

  6. Excuse me by Monkeys!!! · · Score: 5, Insightful

    As someone who recently was a 17 year old "electronic Hezbollah", I can say ideology had nothing to do with my choice to download and share movies. I did it, and still do, because it's easy and costs basically nothing. Sure I don't like the MPAA but I would still torrent if they didn't exist.

    1. Re:Excuse me by oneiron · · Score: 5, Interesting
      As someone who recently was a 17 year old "electronic Hezbollah", I can say ideology had nothing to do with my choice to download and share movies. I did it, and still do, because it's easy and costs basically nothing. Sure I don't like the MPAA but I would still torrent if they didn't exist.
      Visit any piracy-centric message board, and you'll find countless arguements about the ideologies that justify sharing copyrighted content. You'll even find it here on slashdot most any time there's a story like this one. You may not be doing it for those reasons, but many others have convinced themselves that they are...and are quite vocal about it. Look at the collection of legal threats sometimes flaunted on the front page of piratebay, for crying out loud... It's just human nature that we tend to dig for excuses to justify our actions so we can avoid the feelings of guilt typically associated with them...
  7. Re:Yep by w33t · · Score: 5, Insightful

    if you change one word I think your point becomes fallible.

    People with old world business experience going up against young idealists

    In either case, new ideas actually quite often do win.

  8. This is all about distribution by w33t · · Score: 5, Insightful

    The real thing the 'AAs have lost is the power of distribution.

    20 years ago if you wanted a movie you had to hop in the car. Even for home viewing of a VHS you had to go to the video store.

    The MPAA and RIAA need to face the fact that the internet is essentially a broadcast/time-shifted medium which casts to a broader audience than ever. And how do broadcaster's make their money? Advertising.

    This may or may not be a popular notion - but it is my opinion that the best way to support movies and music in the future is via product endorsement. Yes, that's right. You might see wayne's world-esqe product placement rise - but isn't everyday life just product placement anyhow? look around you and count the consumer items that have no labeling on them. Our movies and music should follow suit and become freely distributable.

    They cannot hold back the tide forever - I think it is inevitable.

  9. deaf ears by Scrameustache · · Score: 5, Insightful
    John Perry Barlow: We were at one point the biggest grossing performing act in the United States, and most of our records went platinum sooner or later.
    It's an economic model that has worked in my experience and I think it does work. It's just that it seems like it wouldn't. It seems counter-intuitive.

    Dan Glickman: It is ridiculous to believe that you can give product away for free and be more successful. I mean it defies the laws of nature.


    "Look, this works. I have proof."
    "I refuse to believe it can work."

    If they can't listen to reason, we'll have to wait for them to die, it seems.
    --

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

  10. Both sides have it wrong... by Churla · · Score: 5, Interesting

    The EFF is painting a picture of people who are pirating for teh sake of pirating becauase they feel it's the right thing to do. None of the people I know who actively copy movies and songs have every mentioned once screwing any institution. For them it's "I can watch this new movie at home, on my big screen TV, with my popcorn and drink and not fork over $25 for my wife and I to go to a theater and probably have a better experience" or "This let's me have tons of music I wouldn't go buy just so I can listen to it and see if I like it" and things like that. There's no magical army of "copyfighters" out there. Just people who want free media.

    The MPAA and RIAA and various other organizations have it wrong in thinking that they will out-litigate these people because simply put, these people know what they're doing is illegal and choose to do it anyway.

    I do agree with the concept that they need to make it possible for people to buy media in a conducive manner without an undo cost and they will make money. ITMS and several others are proving it's possible.

    The MPAA can go ask the software industry exactly how profitable "stamping our piracy" has been for em. Or they can ask them how much inexpensive downloads have helped good software spread.

    --
    I'm a fiscal conservative, it's a pity we don't have a political party anymore
  11. MORTAL KOMBAT! by EmperorKagato · · Score: 5, Insightful
    JPB: If I were to encounter Dan Glickman on the street and we were to have a civilised conversation about this subject, which would be a long shot, I'd tell him to relax.
    DK: First of all I'd tell John Perry Barlow that I'm very relaxed and if we met each other we'd probably have a very good time. But all of us kind of need to chill out.
    Someone PLEASE get these two in the same room to debate.

    You can tell Dan Glickman's age in his speech:

    DK: It is ridiculous to believe that you can give product away for free and be more successful. I mean it defies the laws of nature.
    • Microsoft: SQL Server 2005, Visual Studio 2005
    • Washington Mutual: 2 dollars given out in $2 denominations(the $2 bill)
    • Gentleware: Poseidon(Community Edition)
    • Wal Mart / Sam's Club: Sampled foods from selected vendors
    • Arby's: Chicken Fingers(?)
    • Google
    It doesn't defy the law of nature, it's a useful technique called marketing!

    DK: Would a clothing store give all their clothes for free?
    Old man should see this

    DK: Would a car dealership give all its cars for free?
    In a contest they would.
    --
    ----- You know you have ego issues when you register a domain in your name.
  12. Sabers by Billosaur · · Score: 5, Funny

    Glickman: You are powerful, as the Emperor expected. But you are not a Jedi yet.

    Barlow: You'll find I'm full of surprises!

    Clash of lightsabers, sparks

    Glickman: You don't know the power of the DRM Side! Join me!

    Barlow: Never! I'll never join you!

    Glickman: It is pointless to resist!

    --
    GetOuttaMySpace - The Anti-Social Network
  13. Re:Yep by Anonymous Coward · · Score: 5, Insightful

    often, but not always. with movie piracy I am reminded often of what happened in Canada many years ago with cigarettes. Big business (the Canadian gov't) lost big time on that one and the little guy was triumphant.
     
    Without going into much detail, or even providing a link (i'm that lazy and at work so I shouldn't even be here) - Canada decided smokers would pay out the ass if they heavily taxed cig's, i mean heavily, i think at the time it was early 90's and suddenly the price of the dirty cancer sticks jumped a couple of dollars. they still paid. for awhile. than, oddly enough, people found some stores that sold cheaper slightly less taxed (OK, not taxed at all) cigs at some stores. Canadians liking to save money like everyone else opted for the lower cost. I inquired into it a bit and discovered that pirate rings for cigarettes had been established - in some cases it was local reserves, others it was smuggling from the US, and local stores were frequently buying quantities of cigarettes of people who sure didn't look very official.
     
    the gov't saw this happening and took immediate steps to stop it that succeeded, they dropped the tax on the cigarettes and learned a valuable lesson - when you charge a lot for crap, people stop buying it. now to bring this up to today, in the article the MPAA advise that they need to pay these people salaries so they will continue to produce, i whole heartedly agree, but not million dollar salaries, if you need to make several million for working for a few weeks and can't get by without it, than screw you and the horse you rode in on. if the product was priced more on par with the value the consumer got from it than they wouldn't be having this problem.

  14. Re:on the contrary by Anonymous Coward · · Score: 5, Funny

    well I can tell you've obviously never used a vehicle replication device.

  15. And this is exactly why. by Jerk+City+Troll · · Score: 5, Insightful

    People are powerless when they are convinced they are powerless.

  16. Re:There is a difference/ happy fans vs SPITE by Infoport · · Score: 5, Informative

    A few things that should be noted: the Grateful Dead do NOT give away ALL of their "product". But, giving away some of their products gives THEM much exposure and helps others see that what they have to offer shows skill and has variation each and every time. From this they are able to build greater customer base and support and from that sell more of their other products.

    For instance,

    1. you still usually have to pay to see a concert. RESULT: they were the top grossing band in 1990 with almost DOUBLE the 2nd place grosser (I'm sure they did ok in other years too)
    2. You are not allowed to copy and sell COMMERCIAL releases, but are allowed to copy and give away concert recordings. RESULT: happy fans police themselves and each other, and stop any illegal sales through community pressure and free concert tapes.
    3. They sell t-shirts, bears, stickers, coffee cups, license plates, etc, and protect their logos.
    4. they also speak up on issues and are listened to, etc because fans like how they act
    5. etc etc

    With unhappy people, they may copy and distribute product out of SPITE, but with happy loving fans they only do what allowed out of happiness with group, and help police themselves out of happiness too. THIS is what the Grateful Dead have achieved (now some may find a few fans distributing stuff they shouldn't but it is the small minority)

    To address the quality point, the Dead allow people to bring in equipment and mike stands, usually up to 6ft or 12ft. People spend thousands on equipment. Files are made using LOSSLESS formats (not mp3), and some copies are even distributed with 5.1 sound-- these are NOT low quality copies!!!



    InfoPort
  17. The funny part is ... by zappepcs · · Score: 5, Insightful

    The funny part is (at least to me) that this is not about an industry so much as it is about the *AA and associates trying to maintain a fully disfunctional (in light of current and future technologies) business model.

    The real deal in all this mess is that content creators "REALLY DON'T NEED THE *AA ANYMORE" since for not much more than a data center contract, any record label, including independents, can set up their own music distribution system over the Internet. The entire need for a music and movie distribution organization (i.e., the *AAs) no longer exists.

    US Telephone users are finally going to get to stop paying for the Spanish American war, but when will recording artists get to stop paying for 'breakage of vynl disks' on their contracts?

    Its not about DRM, its about stolen wealth, and the *AA is currently stealing it, blatantly stealing it. They counter claim that because they were unable to steal it from content buyers, it was stolen from them.... I'm calling BS.

    Now, the price of content is high because of the *AAs of the world, but if content providers could get out of the draconian contract they signed, and start providing content over the Internet at reasonable costs to users for the 'PURCHASE' of said content, most users would happily just purchase the content as its not worth the effort to most people to be illegal or even figure out the ins and outs of stealing it. Additionally, any kind of licensing setup that allowed fair use (backup copies, multiple players, etc.) would be accepted easily if the price was low enough (see iFanboi rhetoric for an example).

    Its pure "pot and kettle black and white" when it comes to the *AA claiming downloaders and file sharers are stealing from them.

  18. Re:Aw geez. by mcmonkey · · Score: 5, Interesting

    I wasn't trying to be funny.

    Currently in the US of A, being a terrorist means you have no rights. You can be a US citizen, arrested on US soil, for alleged acts committed in the US, and have none of the ordinary rights 'guaranteed' to someone in that situation.

    You can be put in civilian prison, or a military prison, or sent to Gitmo, or sent overseas. You have no rights. You don't get a lawyer; you don't get a phone call. You don't even get a trial. You can be held for YEARS without the government even admitting you are being held.

    You can be tortured. No interrogation technique is off limits.

    You won't get to question witnesses or review the evidence against you. If you do happen to get a trial or hearing, the government can submit 'classified' evidence you won't know about. And the judges will assume all government evidence is true until you can prove otherwise. (How do you prove something you don't even know about is untrue? Well, that's your problem.)

    And if that's how the US treats its own citizens--registered voters even!--think what we might do to the rest of the world.

    So, if you've ever downloaded a movie or CD in a situation of any questionable legality, or used any kind of hack or work-around to perform any sort of replication of a DVD or CD, attempted to play a DVD on linux, even if you think your actions were covered under fair use, Barlow just said all the above should apply to you.

    I'm not laughing.