Canadian Theatre Chain Sued for Abusive Search
An anonymous reader writes "A Canadian theater chain has been sued for an abusive search for camcording equipment. A Montreal woman is seeking $60,000 in damages for the search, which comes after the Canadian government caved to US pressure and enacted anti-camcording legislation."
Anyone willing to watch a camcorder bootleg of a movie is not going to shell out for the product anyhow.
I hope this lady wins.
Regards.
Wasn't this search voluntary? As in: I want to go to this movie badly enough that I will subject myself to this search. They weren't threatening her with anything absurd, she could have just said no, maybe written an angry letter to the theater chain or sent them an envelope full of glitter?
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...That America still believes in exporting freedom, even if it hurts them.
[/Sarcasm]
Great Intellect...
Is that a camcorder in your pocket or are you just happy to see the movie?
"Kittens give Morbo gas!"
It must be that there's only so much freedom to go around. Once the US has exported Freedom (TM) to all the world, there's none left domestically for the Americans to enjoy.
Pity - I admired the notions that created all that freedom in the first place.
(Oddly, the captcha is 'failure')
I didn't mean to trip you with my tripod :)
See my art -> http://herbevore.deviantart.com
I'd have liked to see a definition of invasive. Did they strip-search her? Poke around in her bags? How invasive was this anyway?
Recording equipment is so easy to conceal now that unless they want to stop people from bringing cellphones into the theater (not a bad idea), they arent going to stop people. In the meantime, they can keep checking women's blouses for equipment.
But castles are awesome. Let's do it!
They just need to buy some cheap Soviet surplus night vision goggles and check out the theater once or twice during the show. I guess that would make too much sense. American stupidity is invading Canada, apparently.
Good luck my Canadian friends. May you have more success then we have.
It's only paranoia if your wrong...
They have been doing this for eons for concerts. A lady friend asked me how get her camera into a concert. I told her to put it in her bra. She was gifted by nature to pull it off.
Another friend used to sneak recording devices in concerts under his GFs short skirt taped to her legs. There are some places that are not to be touched by a man or a woman doing the search.
If you are determined a camera will get in.
People need to stop thinking everyone has authority over them, seriously you can just leave the premisis.
Then in my example you just lost $150 bux.
I realize my example is not the best but management needs to know why you want your money back. Just walking out with a refund is not enough. Management does not see that. The manager needs to know why you are not spending money in their business.
qz
I seem to recall seeing stories on Washington D.C. and New York City photographers getting hassled for taking pictures. This is kind along the same lines. Does anyone really watch the cam pirated movies anyway? The few I've seen have been terrible quality. Maybe it was just for personal consumption.
This search has nothing to do with the Canadian government but theatre owners. The infamous Bill C-59 (http://www2.parl.gc.ca/HousePublications/Publicat ion.aspx?DocId=2993072&Language=e&Mode=1&File=24) is not law yet and gives no additional rights for anyone to search anyone for anything.
Even if C-59 was passed, which is not likely, no one would ever see jail time over it. Good luck proving an intent to distribute the recording and no judge in Canada would ever put anyone away for even a day for a non-violent offense with a maximum sentence of only 2 years.
Once again, this is simply theatre owners reacting to intense industry pressure. This is not a story about the oppressive Canadian government.
I'm a big fan of a greyscale night-vision mode with an infrared filter on a sunny day at the beach myself.
If she's not so hot, someone else can search her while I record the movie on my fancy camera.
I saw a guy walking out with a camera bag when I was leaving The Simpsons last weekend. Clearly, we have an Invasive Search Gap with our neighbor to the north.
"You know why you do not see me styling wit my homies? Because I have no homies!!" -Mojo Jojo
Perhaps they didn't do a good job making it clear that it was voluntary. I've seen places that really skirt the edges of the law when it comes to private security and such. They do as much to make them look like cops as possible and try to give the impression that when they tell you something, you've no right to refuse. Thus if the theatre did that I could see how they'd be in trouble. As far as I'm concerned they should have to state something like "We want to search you and/or your belongings prior to this movie. This is a voluntary search. If you don't agree to be searched, we won't let you in the theatre, but will refund the money for your ticket. Is it ok if we search you?" That I'm fine with, especially since maybe then people will stand up and say "fuck you" and leave. If enough people do that, they'll stop the damn searches (or go out of business). However I could easily see it being more along the lines of "Give me your bag, we are going to search it before you enter. No, you don't have a choice."
Either she wanted to see whatever movie so badly that she subjected herself to it, or she just wanted a reason to sue someone for $60k.
This is about humiliation. The first part was being tricked - there was no posting outside, you just got the choice to be searched or lose your tickets. Second, options are humiliating. Searches are usually reserved for people caught red handed committing a crime. "Show us the Maxi Pads or leave, lady." How nice. The attendant might have been rude.
$60,000 is little more than a slap on the wrist to a business and nothing compared to their damaged reputation. I hope she gets it and the movie theaters turn around and sue the dumb assed MAFIAA rep who forced them to do such a stupid thing. The word is out, go to Guzzo and be treated like a criminal. Ticket sales are going to the bottom and they will wish they had never heard of camcorder searches.
Friends don't help friends install M$ junk.
It isn't always as easy as that. There are all sorts of possibilities including using the "if you don't like it leave" program to exclude certain types of people from the establishment.
It is like a country club having a dress code that specifically excludes the garments minorities commonly wear and then claiming to be open to the public. Maybe the theater knows that people with herpes medication in their pack or sex toys purchased at a local shop in the same mall or whatever else, will not come inside and that is their way of keeping their establishment clean.
Anyways, there seems to be some charter in Canada that limits a persons ability to search people without an accusation of a crime already happening. So from the looks of it, everyone who is searched is suspected of a crime that never took place without regard to their ability to go somewhere else or not go in.
I am not sure about in Canada, but in the US adhesion contracts (contracts that do not allow equal, two-way negotiation between two parties) are a good way for a company to get sued. Did she get competent legal advice as to what the "search" could entail? Did she understand her rights? Did she have an opportunity to propose an alternative arrangement that was satisfactory to both parties?
Man will never be free until the last king is strangled with the entrails of the last priest. --Denis Diderot
I was ejected from a movie theatre after manhandling one of the 14 year old movie drones. he actually reached out and felt a bulge in my vest pocket! (Manitoba btw). I was shocked, first reaction was to shove him into the wall rather hard. Manager came over, got my money back, and was asked to leave.
Fuck them. start randomly patting down people WITHOUT EVEN ASKING is going to get you hurt.
I have never once witnessed a bag being searched going to a movie, and maybe the reason it is starting to happen in Canada is because of the number of camcorder pirates. Honestly, these guys irk me. I know plenty of people who stopped going to theaters because of how easy it is to download movies the week they open, free of charge on your computer. I think The Hulk was the first film they made a big deal about this, but there have been several cases where a film was either leaked during opening weekend, or before, and then the film makes considerably less money that weekend than was initially expected. When a company loses potentially tens of millions of dollars in a weekend because of a leak, people are going to get pissed, and at the moment it is hard to suggest that the whole thing is harmless.
People suggest the only people who would pirate are those who wouldn't buy it in the first place, and I know that just isn't true. For many people, pirating often comes down to how easy or difficult it is. Once a process is simpler, more people do it.
I have a hefty DVD collection, but I still enjoy the theater experience on the whole. It isn't the screen or audio (I like my TV and sound system) but rather being surrounded by an excited group who have been geeking out in anticipation of a movie. As fewer people are going to the movies, prices are going up to compensate. So while others are downloading movies, I get to pay for it.
Look, go catch a matinée, or wait until there is a cheap release of the DVD. My video store down the street usually has a 3 for 25$ deal going and I load up on those. I'm not advocating searches or harassment, and I hope theaters don't actually continue such tactics. But if people weren't bringing camcorders in the first place, no one would be pushing for searches.
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There are far more theatres where these sorts of privacy invasions are not occurring than those where they actually are. I don't abide by what this theatre chain has decided to do, but what's happened here is the exception and not the rule what is happening in Canadian theatres. The anti-camcording law brings stiff penalties to people who record in the theatres but _DOES NOT_ authorize the theatres to search patrons. The new bill does give theatre owners a little more leverage in getting criminal charges filed against people they catch recording, however, effectively making a stronger deterrent against repeat offenders. Where previously many theatres simply had a policy of simply kicking the patron who was caught recording the movie out of the theatre, and nothing more was ever done, theatre owners and managers in Canada now at least have the ability to legally detain a person who has done this until the cops they've called arrive.
File under 'M' for 'Manic ranting'
...Am I allowed to film them searching me? some people like that sort of thing....
www.purevolume.com/martyd
If anyone has seen the trailer they'll know all about spiderpig. There are several clips on youtube too which are just doctored trailer footage.
DVD sales have long ago surpassed theatre sales for where the money is made. Many movies lose at the box office but make it into the back after going out to DVD. Some never get a chance in the theatre but become successful on video all the same (Boondock Saints). Thus far the numbers do NOT bear out that P2P is hurting legit sales. In fact the one and only proper, scientific, peer reviewed study shows no impact (http://www.unc.edu/~cigar/papers/FileSharing_Marc h2004.pdf). This seems to be supported by the fact that despite their crying about rampant piracy, media companies are not only not going out of business, they are posting healthy profits.
I know that the media industry likes to claim that the evil pirates are killing their business, but thus far the real numbers just don't bare that out.
Around here (Seattle area), we usually call it a movie theater.
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I mean come on- the level of lawsuit sophistication in Canada isss pitiful. Here in the USA we can sue for over Seven million dollars if someone ruins our pants,let alone physicallly searching you. We could get up to 60 million dollars for that.
..........FULL STOP.
I hate it when people say this sort of thing. This crap has happened to me before at a theatre and they refused to refund my ticket when I refused the search.
I think they should have definitely refunded your ticket, but I still believe that the right thing to do is leave and not let them search you. Whatever option you pick I don't think submitting to their search should be the choice. I'm just saying that it is your fault they search you if you say 'Ok you can search me'.
I was just going from what I read from links inside the article linked to.
I like the way you clarified it with the sex.
I wonder what they are gonna do when cell phones and similar devices are able to take hi quality video?
PLEASE LEAVE YOUR BAG AT THE DOOR. (It will cost extra of course)
I live in Montreal, and I've been to Guzzo theaters many times. It sucks. The people who run the projectors are idiots, and there's always a problem with the film. The seats are comfortable, but what's the point spending $10 for comfortable seats when you can just go to Famous Players, and get comfortable seats + a decent sized screen & sound loud enough that you don't hear the projector?
Guzzo, from every theater I've been to, is strictly cash based. You can't buy tickets using an Interac or credit card or anything. Odd how they can't invest in a machine to make it a little more convenient for their clients. Then again, this has sparked the rumor that their entire operation is a money-laundering operation for the Mafia.
Contextually, 90% of the time. A theatre is a theatre is a theatre.
When necessary, we'd call it a movie theatre. Shortened, "we're going to the movies/see a movie." Cinema is kind of an archaic term; I only hear it in relation to "cinema studies' majors and things of that nature. A stage theatre is usually just a theatre.
We also tend not to say things like "I'm going out to the theatre tonight," even if we're going to see a show or a play. Here in New Jersey, depending on where you're going, it's either "I'm going to see a Broadway show," or stating the specific name of the venue or show. Also, in the southern part of the state you're closer to Philadelphia, in which people almost without fail refer to the name of the venue.
So I called my neighbor - a trekkie who is more up-to-date on entertainment stuff. He explained the macrovision flag, and told me what to use to make a copy with the flag removed. It was the only way we could watch it.
All I can say is that it's too bad they don't make compostable DVDs. That copy is shamefully occupying space in a landfill somewhere.
These idiots are targeting 18-35 year olds - are they (theater owners) really that stupid?
Hey idiots - those are the only people paying to get into your theater! I haven't seen a movie in a theater (or bought an $8.00 box of popcorn) in over 10 years thanks to my home theater system.
Anyway - good riddance. Every theater in America could go out of business tomorrow and I wouldn't miss them.
-ted
As unreasonable search and seizure becomes grudgingly accepted by the public, it will gradually become more unreasonable, more random, and prevalent.
This sort of thing must be stopped now.
Also, I strongly suspect this theatre group didn't do their legal homework.
From Wikipedia (http://en.wikipedia.org/wiki/Search_and_seizure):
This is one of those cases where people have just jumped in and applied an American legal framework, which allows invasion of privacy, to that of another country, not realizing the laws are very different and there IS a legal expectation of privacy.
I'm also VERY interested in finding out a good digital recording set up, with high end mikes...for recording concerts live. Not for money making, but, for personal collections...share with friends..etc. It needs to be small, high end...and have long recording times...2+ hours at high fidelity.
Any suggestions?
Light travels faster than sound. This is why some people appear bright until you hear them speak.........
Civilians have no right to search other civilians unless they have been granted special dispensation by the government (eg border patrol guards).
It's not the gray-hat outsiders in the theater with a cheap camcorder that's the problem.
It's the black-hat insiders with keys to the crown-jewel vault that's the problem.
Can we get a "-1 Wrong" moderation option?
Well as far as i know unless from a official law officer, a security guard or theater employe has no right to search you. Even for a police officer a resonable cause is needed in order to search or even ask for your identification. Just refuse the search plain and simple or make them call the police. In canada police doesnt even bother coming to theaters for a cam issue. The will tell you sorry we have real crimes to care about.
I believe possessing equipment which violates the DMCA is a crime now.
So I guess, which is the worst penalty?
Blar.
Theatres around here have a big sign where the ticket checker stands stating that your bags are subject to search if you choose to enter the theatre.
Simple enough.
In the past it wasn't about piracy, but about keeping outside food and drinks out. (Ticket sales barely cover the cost of the film reel. The theatre's actual money comes from popcorn and drinks.)
But anyway, this is standard practice in many places. Go to any sort of club, and the bouncer will check your bag for alcohol. (MAJOR, MASSIVE liability reasons.) Don't like it? Don't go in.
Does it make you happy you're so strange?
If you don't like the prices a company offers for its services, you can find an alternative or do without. You don't have the right to steal the product.
Canada has had the highest number of camcorder incidents, particularly in Quebec, according to the National Association of Theater Owners. It is getting to the point where Canada might not get first released pictures unless they prevent theft of services. Tell me, how many normal DVD burners are those camcorder incidents numbers equal too? 128? A gazillion?
That industry who's hurting? It's been MAKING MORE PROFIT EVERY YEAR THEY'VE BEEN MAKING DOOM AND GLOOM PREDICTIONS ABOUT PIRACY.
You can't take the sky from me...
What's the fuss about the movie theater taking a look inside your bag? Do you have something to hide? First, why are you going to see a movie with a backpack? Are you going camping? Unless we're talking about a "full body search", I don't think that having a peek in a bag is "invasive"...
This sig is better than nothing!
Anecdotes are not data, but I'll answer yours with one of my own: I pretty much stopped going to theaters. One significant reason is the bad taste I have in my mouth knowing I'm giving money to the culture pirates in Hollywood.
You're right on the money. Except harassing cinema patrons makes going to the movies more difficult, while it does very little to increase the difficulty of watching a pirated copy.
So you'll always keep going. But casual filmgoers are theirs to lose (like me - I don't care for sticky floors, lineups, or obnoxiously loud sound; when I used to frequent the cinema, it was as a social experience with friends). Your geeks are one of our better hopes. The value of many films is created by its audience and fans. If geeks build their enthusiasm around alternatives, then perhaps we can replace the culture of control of the MPAA and their ilk with a culture of freedom.
They are not interested in finding camcorders in your bags.
This is just a pretext to SEARCH YOU FOR ILLICIT SNACKS.
Theaters make very little money from ticket sales, and a huge chunk of their revenue comes from overpriced concessions. The cost-conscious movie fan knows to bring a bottle of water (or beer!) and some skittles, and this pretty much halves the cost of your evening. The theatre loses money, but there's really not much they can do about it.
Until now.
This is not a police search, so there is no legal problem with searching for one thing and finding another. They search your bag for cameras, find the skittles, publicly embarass you for being a cheapskate, and turn you away.
Meanwhile, the smart people who buy or download the DVD can eat and drink whatever the hell they want. Maybe along with the anti-piracy ads there should be a warning to only use MPAA-approved snacks for the duration of the movie.
I'm not sure how often it's unreasonable to "blame the 'States". This time it's reasonable. We even heard about on-going attempts by first the film industry and then later by the US govt. to get this kind of law passed. There was even a PR campaign launched and pressed by the US govt. to get US citizens to think of Canada as a "nation of media pirates".
Were I a Canadian I would not think very charitably of the US govt., and I would definitely blame it for the passage of this law...and for any and all unpleasant results.
I think we've pushed this "anyone can grow up to be president" thing too far.
There is a difference between pat downs for public safety (like for an airplane) and for potentially getting a bad copy of a movie you just paid for.
http://www.youtube.com/watch?v=5XQ_GWKvDE0
Please help metamoderate.
Most, if not all, players can be made into multi-zone players by entering a special code etc.
Engineering is the art of compromise.
The thing to blame is the combination of both. Solve either, and the problem is gone. From the end user point of view, it is easier to blame a single player (and use a potentially illegal one that is not fully BS-compliant) than to worry about every single offending disc.
If every player disrespects the UOP flags, there is no reason to use them. Similarly, if no DVD uses UOP flags, there is no reason to ignore them player-side. However, as there are more manufacturers of player devices than of each individual DVD titles, the player choice is the easier way for the end user.
Ummm... how can your "criminals" be blamed for the movie previews and ads? The antipiracy crap is merely the smaller part of the overall problem.
The big problem is with the attitude of the content producers and to a lesser extent, the player manufacturers. The content producers look for the best DRM and the player manufacturers race to see who can provide the necessary protection that will impress the content producers, therefore making sure that their platform will have lots of content available for it.
It's fortunate that DVD isn't quite as secure as they would like it to be - we still have the analogue hole if all else fails. With the move to HDMI and similar secure systems, the choice to buy a device that will ignore these restrictions may no longer exist.
-- Using the preview button since 2005