Slashdot Mirror


Cutting out the Naughty Bits Ruled Illegal

An anonymous reader writes "Some of you may recall the lawsuit brought by several Hollywood directors against companies which edit movies for sex, language, and violence. The companies would trade consumers an off-the-shelf DVD for an edited one. Well, the CBC is reporting that Judge Richard P. Matsch has found that this practice violates U.S. copyright law, and 'decreed on Thursday in Denver, Colo., that sanitizing movies to delete content that may offend some people is an "illegitimate business." [...] The judge also praised the motives of the Hollywood studios and directors behind the suit, ordering the companies that provide the service to hand over their inventories.'''

16 of 1,329 comments (clear)

  1. Re:Selling damaged books illegal now? by nacturation · · Score: 5, Informative

    From what I understand from this ruling, it would be illegal for me to buy a book, tear out every other page, and sell it to someone else. That's a pretty close analogy, seeing as both my actions and Cleanflicks' third-party video cutting are not authorized by the copyright holder.

    Not quite. You own the physical book. You can do what you want with it... including tearing out pages, burning it, or blacking out all instances of the word "the" if you choose. What you can't do is type the contents of the book into a word processor, remove certain sections of it, reprint the modified book, and then sell that bound inside the original cover. That's the difference.

    --
    Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
  2. Re:Interesting Hypocrisy by Sparr0 · · Score: 4, Informative

    The rights to the movie belong to the guy (company) that made it. If the airlines pay for a license to show an edited version then that is cool. The company in question here did NOT have permission to distributed edited versions of the movies.

  3. Re:Selling damaged books illegal now? by interiot · · Score: 3, Informative

    No, I don't think it means that authors can ensure that only their authorized versions are sold. I think it means that third parties can only distribute "patches", but they can't include the original material with their patch, nor can they directly distribute the post-patch version. And I think that's been the case in the US for a long, long time.

  4. Re:An Alternative by masterzora · · Score: 5, Informative
    Sounds familiar...

    Oh, yeah, http://www.clearplay.com/

    --
    Remember, open source is free as in speech, not free as in bear.
  5. Re:Selling damaged books illegal now? by OmnipotentEntity · · Score: 4, Informative

    > they are buying a license to Gladiator, which doesn't include the right to make derivative works.

    F(*#$@ NO! They are *NOT* buying a license. They are buying a copyrighted work. You don't have to sign a EULA when you buy a DVD. You are, however, correct about derivative works (excepting works of parody) not being allowed under copyright.

    --
    "Build a man a fire warm him for a day, set a man on fire and warm him for the rest of his life."
  6. A little clarification by pockyninja · · Score: 4, Informative

    Wal-mart only censors music, not movies. And it's not Wal-mart doing the censorship; the tracks on a CD you'd buy at Wal-mart are the ones you'd hear on the radio. They are made by the record companies. And I don't know for sure, but I'd guess that one of the big reasons Wal-mart doesn't carry 'explicit lyrics' versions of CDs is because of liability. Selling one of those to a minor will get you fired just as quickly as selling them beer.

    1. Re:A little clarification by pockyninja · · Score: 4, Informative

      Yes, that is true. Unfortunately, though, there are fewer complaints about bullets than there are restricted movies. As a cashier there, I can tell you that there is a certain level of 'restrictedness' on different items, meaning you look at some sales more carefully than others. It is something like this: Spraypaint, rubber cement, superglue -- Low Caring R rated movies, M rated games -- Mid Caring Quantity-restricted medication, Alcohol -- High Caring Bullets rank somewhere between mid to low. Keep in mind, though, that bullets don't work very well without a gun. And buying a gun is a process that takes several weeks and has to be approved by a store manager. I'd also like to say that this is a completely unofficial list. In reality you can be fired for selling any of these items to a minor, though the actual punishment is rarely that harsh.

    2. Re:A little clarification by MMMDI · · Score: 3, Informative

      As a cashier there [...] buying a gun is a process that takes several weeks

      Has this changed in recent years? I ask because when I worked there (in sporting goods, aka, guns) four or five years ago, gun sales normally didn't take more than an hour, much less weeks. The process went something like this:

      1. Customer fills out a form - typical name / address / SSN / "I'm not a criminal" stuff.
      2. I take their license and confirm the info that I can.
      3. I call the FBI or the state police (depending on whether you wanted to buy a shotgun or rifle - I forget which was which, though). "Joe Somebody wants to buy a so-and-so model gun, their info is blah blah blah."
      4. They run a background check and call back with the results (almost always before the customer had enough time to walk out of eyesight; I can only think of one or two cases out of hundreds where this was not the case).
      4a. If your sale is confirmed, you pay, I call the manager, they walk you out, end of sale.
      4b. If it's denied, I prepare for the usual "But I don't have a criminal record!" speech.
      4c. If it's delayed (they need to do additional research or whatever before giving me an answer), I take the customer's phone number and call them back when I get a reply (usually took an hour or two, a day at most).

      Again, I haven't worked there in four or five years, and this is quite offtopic anyway... but that was my experience with gun sales.

    3. Re:A little clarification by qazwart · · Score: 3, Informative

      Unlike these services, Walmart doesn't itself censor CDs. They get their censored versions directly from the record companies -- technically with the artist's permission. The artist has a choice: Sell to Walmart a sanitized version, or risk losing 40% in sales.

      Walmart doesn't censor DVDs (at least not yet). They won't sell DVDs which they deem inappropriate for Walmart to sell. Walmart as of yet, hasn't taken to requesting sanitized versions of movies as they do music. Probably because it is harder to get sanitized versions of movies (sanitized versions of songs already exist for the radio), and because sanitized versions of movies basically means cutting out scenes that the directors felt necessary for their movies to begin with. It's one thing to substitute one short four letter word for another without destroying the general meaning of the song, its another to cut out whole scenes in a movie.

      Walmart doesn't sell sanitized CDs for their own protection. The Walton family (which owns the majority of stock) is quite religious and conservative and feels they are doing a public service keeping inappropriate songs away from the public. Walmart does not sell other popular magazines or DVDs that they feel are inappropriate due to this same reason.

      No one questions Walmart's right to do this. The problem is the power that Walmart has in this market where they control up to 40% of the sales. You don't have to sell to Walmart. Then again, you don't have to afford rent or food either. The choice is yours because it's a free country.

  7. Cleanflix, not Walmart by spencer1 · · Score: 5, Informative

    As others have already stated, this has absolutely nothing to do with Walmart. This applies to services such as CleanFlix, which are very popular in Utah and Idaho. I am a Mormon, and I frequent Cleanflix often. Some movies are very enjoyable, but contain bits that I don't wish to see. If the mainstream want to see those bits, fine, go ahead; these services are not for them. If I don't want to see it, how does it affect you? Cleanflix allows me to rent movies that I would not otherwise rent, they are now turning away a potential customer. This does not hurt the copyright holder, they still receive the full purchase price for all the movies that Cleanflix uses. Their revenue is not altered in any way by this editing.

    1. Re:Cleanflix, not Walmart by Catnapster · · Score: 3, Informative
      I live in Mesa, Arizona, which has a very dense Mormon population. Virtually every city block in the more suburban areas has an LDS church, frequently more than one. Therefore I feel I'm qualified to challenge your assertion.

      I have never seen or heard a Mormon ever preach to someone else
      Not to sound inflammatory but I think you're dealing with a very limited sample of "jack" Mormons. The Church is very enthusiastic about missionary work, and in places where there is a large Mormon population it is a very common sight to see the two-man missionary teams bicycling around to go door-to-door and preach. In fact I would say LDS is one of the most aggressive denominations in terms of evangelism. They even have commercials advertising free copies of the Book of Mormon - I've never seen anything similar from another denomination or religion, even Scientology (which strikes me as the most inclined to do such a thing).

      I do concede that it might be that most of my experience dealing with Mormons has been in the suburbs, where the vast majority of adult Mormons have children and a more conservative mindset than those in other types of area, but I actually find that Mormons are generally the most hard-line conservative in their attitudes among Christian denominations unless they're jack Mormons, in which case they're much more liberal-minded.
      --
      The world can be wrong today for once.
    2. Re:Cleanflix, not Walmart by ag0ny · · Score: 5, Informative

      Yes, you're right. Bisexuality is more common. But homosexuality isn't exactly unheard of:

      They're in love. They're gay. They're penguins.

  8. Re:Selling damaged books illegal now? by tm2b · · Score: 4, Informative
    Failing to deliver the entirety of a work does not count as a "derivative work". Nothing was added or changed.
    Nope.

    A condensation, especially one made along definite editorial lines that differ from the original creator's, is certainly a derivative work, by 17 U.S.C. 101:
    A "derivative work," that is, a work that is based on (or derived from) one or more already existing works, is copyrightable if it includes what the copyright law calls an "original work of authorship." Derivative works, also known as "new versions," include such works as translations, musical arrangements, dramatizations, fictionalizations, art reproductions, and condensations. Any work in which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship is a "derivative work" or "new version."

    Back to OP:
    When a newspaper cuts down an Associated Press article, does that qualify as a "derivative work"?
    It certainly does. Newspapers pay for the license to create derivative works as well as redistribute. As part of that license, they are required to not edit it in such a way that will distort the "essential meaning" of the piece.
    --
    "It is our blasphemy which has made us great, and will sustain us, and which the gods secretly admire in us." - Zelazny
  9. Re:Selling damaged books illegal now? by kirk__243 · · Score: 3, Informative

    That's bullshit. You are not buying a copyrighted work. That would entail that you are buying all the rights associated with the copyright. You are buying a copy of a copyrighted work. You don't become the owner of any of the rights associiated with the copyright, and you really only have the right to use the work privately and sell your authorised copy.

  10. Re:Premortal sex? by mirio · · Score: 4, Informative

    Certainly, my right to punch ends at my nose. But, how does getting an abortion physically harm you? How does it "punch you in the nose" so to speak?

    To pro-lifers, abortion isn't about how it effects them -- they honestly believe that a child in a womb is a child non-the-less, and that this child has a right to live. They believe that having an abortion is taking a child's life.

    Is it your business if one man kills another? Why are there laws against it? This is simply the view of the pro-life crowd. It's not that complicated.

  11. Re:Awesome by jambarama · · Score: 5, Informative

    A good alternative for those who don't want their young children to see "bad" stuff is clearplay. We've had it for a while, here is how it works.
    1. Buy a normal DVD with all the "naughty bits"
    2. Get the filter from the clearplay website for that DVD
    3. Transfer the filter via USB or CD to the clearplay DVD player
    4. Watch your DVD - the filter tells the DVD player where to skip the naughty bits - no editing, just timecodes to be skipped.

    I thought it'd be jumpy but it really isn't. Most of the time I can't even figure out what has been skipped. Plus you can set the level of each "naughty bit" - violence, profanity and sex - from low to high. Pretty neat stuff I'd say.