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Canadian Fined For Videoing Movie In Theatre

canadian_right writes "A Calgary man was fined $1,495 and banned from theaters for a year in the first conviction under a new Canadian law making recording a movie in a theater a crime. Until the new law took effect in 2007, prosecutors had to show evidence of distribution to get a conviction; now, recording without permission is sufficient. The Canadian Motion Picture Distributors Association was disappointed that jail time was not given." The man was also banned for a year from possessing any video recording equipment, even a video-capable cellphone, outside of his home.

63 of 382 comments (clear)

  1. Your Movie Rights Online. by Ostracus · · Score: 5, Insightful

    Am I going to be the only one who asks the obvious? Why should he be allowed to record the movie?

    --
    Shai Schticks:"You don't make peace with friends, you make peace with enemies"
    1. Re:Your Movie Rights Online. by bhtooefr · · Score: 2, Interesting

      Not sure that it's so much that the recording shouldn't be illegal (it should be, IMO, you're paying for a one view license, at that specific time, technically, and stuff even states that,) but rather the punishment being that extreme.

    2. Re:Your Movie Rights Online. by bhtooefr · · Score: 4, Insightful

      Oh, and I'll reply to myself, because I forgot something... the fine certainly wasn't extreme, the not being allowed to possess video recording equipment outside of his house part is what I consider extreme.

    3. Re:Your Movie Rights Online. by Anonymous Coward · · Score: 5, Funny

      Shouldn't you be able to record anything you see or hear with your own eyes, short of in cases of invasion of privacy?
      It's just on a tape instead of synapses.

      Um, you do realize that there are a few itty bitty fundamental differences between your brain and an electronic medium? Like, for example, the ability to upload the data for others to download and circumvent copyright laws, and therefore is significantly different than a brain.

      Unless of course you're a cyborg from the future, in which case I for one welcome our apparently borderline retarded, shitty-analogy-making, time traveling, Cybernetic Anonymous Coward Overlords.

    4. Re:Your Movie Rights Online. by conlaw · · Score: 2, Insightful

      I think there may be one more obvious question; despite the illegality of his actions,how could anyone expect to come up with a good image while just sitting there with a video camera aimed at the screen? It seems that you'd have to be careful where you sit--not too close nor too far from the screen. Then, even if you're in the best seat for making a quality videotape, you'll still have to deal with people getting up and walking in front of you, while the other folks around you are talking and a couple of kids are screaming.

    5. Re:Your Movie Rights Online. by Anonymous Coward · · Score: 5, Insightful

      Possibly the judge was trying to draw a hard line under the lesson for the perp and the public, without resorting to jail time -- which would be excessive for a non-violent first-time offense, immediately expensive for the public, and probably long-term expensive for the public and the perp because of the troubles he'll pick up from his time in our overcrowded prisons.

      It's an interesting sentence. It'll get more news-report column-inches and watercooler-discussion than a simple fine. I think the judge was thinking.

    6. Re:Your Movie Rights Online. by narcberry · · Score: 2

      Well he wasn't recording the movie, only the light absorption patterns on an otherwise blank screen. Where else is he going to do that?

      I wish Canadians would stop valuing corporations over science, like here in the states.

      --
      Modding me -1 troll doesn't make me wrong.
    7. Re:Your Movie Rights Online. by LingNoi · · Score: 3, Interesting

      and as soon as you can record those synapses and download them off the internet we'll be hearing about mind wiping devices.

      I am assuming in 2040 we'll be hearing something like this, "We wanted to wipe people's brains before, it's just up until this point the technology hasn't been available to enforce our rights. You have the right to view our movie only once, not remember it!"

    8. Re:Your Movie Rights Online. by ozphx · · Score: 4, Funny

      I see what you did their...

      --
      3laws: No freebies, no backsies, GTFO.
    9. Re:Your Movie Rights Online. by Yvan256 · · Score: 4, Funny

      You have the right to view our movie only once, not remember it!

      In the case of "Battlefield Earth", that would be a welcomed feature.

    10. Re:Your Movie Rights Online. by audiodude · · Score: 2, Insightful

      He shouldn't, but it's simply not a criminal matter. It should be prohibited by theater policy, in which case once he starts he's trespassing. And making a copy of the movie is a civil matter between him and the owner of the movie's copyright.

    11. Re:Your Movie Rights Online. by TheVelvetFlamebait · · Score: 3, Insightful

      It's there theater and there movie. He was violating their agreement in all senses. File sharing infinitely copyable bits is one thing. This is outright blatant theft.

      Well, the movie is just electromagnetic radiation and variations of pressure in the air, right? Why aren't we allowed to reproduce them, huh?

      The correct answer is that the whole thing is stupid. We look at copyrighted media as just the media, and not what's on it. Imagine if we did that with private data? I'm allowed to copy bits, so I can copy your bits off your hard drive, or off your bank account, or wherever your credit card details are stored. Oh, they are stored physically? Well, since I'm allowed to capture light in my camera, I'll just photograph your documents/credit card.

      Thankfully, for all of us, the courts aren't so stupid. They realise that the value of media is more than the physical components. Unfortunately for some, the realisation that arrangement of mundane materials can have value in itself opens the door to applying the concept of property. I guess you have to take the good with the bad. You have to pay for your media, but then again, you get to keep the rest of your life savings.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    12. Re:Your Movie Rights Online. by Sinbios · · Score: 2, Insightful

      Do you know anyone who goes to the threatres and records a copy of the film for their "personal private use"?

      Besides, a movie ticket is a license to view the film once. If you want to do it multiple times you need to buy a different kind of license, called a DVD.

      --
      Anyone can "stand up for what they believe", but it takes a very brave individual to change what they believe. - Loundry
    13. Re:Your Movie Rights Online. by zippthorne · · Score: 2, Informative

      The ones with no camera are *cheaper*. You're just not looking hard enough. A cursory glance at my cell provider's offerings brought up the i335 by Motorola and S1 by Sanyo (i stopped looking after that) both free with 2 year agreement.

      Most of the pre-paid phones don't have cameras, either, and they're actually pretty small and sporty, and refreshingly no-frills.

      In fact, the one option you can't find is precisely the one you claimed you didn't want: a pricey up-scale wealth-announcer. You can't get a camera-free iPhone.

      --
      Can you be Even More Awesome?!
    14. Re:Your Movie Rights Online. by CSMatt · · Score: 5, Insightful

      Let's not forget this little gem:

      The Canadian Motion Picture Distributors Association was disappointed that jail time was not given.

      The fact that someone could get jail time for recording a movie is scary enough. The fact that the CMPDA wants to throw everyone caught recording a film into the slammer is just plain terrifying.

    15. Re:Your Movie Rights Online. by thetoadwarrior · · Score: 5, Funny

      Well recording a movie is one of the worst things you can do. Al Qaeda record movies all the time.

    16. Re:Your Movie Rights Online. by laederkeps · · Score: 2, Interesting

      Or, if you only want to view the film a few times but not commit to a lifetime* license, you can buy it on Blu-Ray and wait for the key revokation fever to hit you.

      And they say the consumer has too few choices...

      *lifetime of the storage media

    17. Re:Your Movie Rights Online. by arkhan_jg · · Score: 5, Insightful

      What I find extreme is that there was the possibility of jail in the first place. He didn't use violence. He didn't threaten anyone. He's guilty of using a video camera in the wrong room.

      The worst you can accuse him of is that he was going to cause economic harm to a corporation (and even that's a stretch - how many people do you know that skip going to the cinema because some shitty rip is available? The only people I know who watch rips is because they can't physically go, and the rip is better than nothing)

      They didn't find a massive stash of recorded films and a dedicated shadowy organization ready to run off millions of DVDs and sell them across the far east, with him as the head making millions in profit. they found an unemployed builder on what appears to be his first offence. They didn't convict him of distribution or even copying.

      Yet the studios wanted to put him in jail for using a camera. That's what I find extreme.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    18. Re:Your Movie Rights Online. by PFI_Optix · · Score: 2, Interesting

      Most if not all cameras are vulnerable to being partially blinded by IR LEDs. I wonder if it would be possible for theaters to use these to ruin unauthorized recordings without spoiling the viewing experience, either by emitting from behind the screen or reflecting them off the screen along with the normal image.

      Of course enterprising pirates would eventually figure out how to work around this by filtering IR frequencies or whatever they would need to do, but it would stop casual recording and reduce the number of people who are capable of creating pirate copies in theaters, meaning that each arrest has a more significant impact on the scene.

      If you want to see the movie for free so bad, just wait for the DVD/Bluray rips to show up a day or two before it's in the store. If you really need to see it opening weekend, it's worth paying to see.

      --
      120 characters for a sig? That's bloody useless.
    19. Re:Your Movie Rights Online. by CohibaVancouver · · Score: 2, Funny

      Am I going to be the only one who asks the obvious? Why should he be allowed to record the movie?

      Infidel. How DARE you ask such a blasphemous question on Slashdot.

      The answer is obvious: "Movies want to be free."

    20. Re:Your Movie Rights Online. by Slippy. · · Score: 2, Interesting

      Seriously? Lame.

      You just grab a random sentence and posted inflammatory, trollish statements that have little to add or do with the article, story, or anything other than getting a rise. And not a very good one. Begone, foul beast!

      -----

      Back to the article.

      The recording was not so innocent a blunder, but not so bad either.

      The interesting point was the ban on recording devices *anywhere* outside his home. The rest of the story adds weight and background for personal opinions: How much should copyright be valued? How much do the circumstances change your opinion?

      --
      -- Life is good. Tastes like chicken.
    21. Re:Your Movie Rights Online. by TheoGB · · Score: 2, Insightful

      I don't like to come down on the side of 'the Man' but in all honesty I don't see why anyone should ever be filming a film with recording equipment in the cinema.

      The studios want him in jail for breaking the law. Thankfully that didn't happen but equally the guy's a class A MORON who should have maybe read those warnings before the film that told him the penalties he could face if he attempted to film the movie, eh?

      I find it hard to have sympathy for dribbling incompetents.

  2. Is this any surprise? by rah1420 · · Score: 2, Insightful

    From TFA: he is an unemployed contractor with an aggravating injury that is preventing him from working. It's pretty obvious what he's doing.

    I'm not a big fan of either the MPAA or its Canadian cousin, but I don't see this as news. It's not as if they didn't warn you ahead of time that recording a movie within a theater is illegal.

    Frankly, the sentence seemed reasonable. FTW, he didn't even get jail time. He should count himself lucky.

    --
    Mit der Dummheit kämpfen Götter selbst vergebens.
    1. Re:Is this any surprise? by MrNaz · · Score: 5, Insightful

      That you think that jail time is remotely acceptable, such that not getting it makes him "lucky", speaks volumes about the level of brainwashing that the RIAA and its global cohorts have managed to inflict upon the public.

      In the digital age, copying a film or music track should be a misdemeanor, given that the principles of the rule of law instruct that the ease of the offense, its commonality, the view that the general public has of it and the mindset that people have when they do it all have to be taken into account.

      Assigning jail time to an action that is as socially innocuous as copying an MP3 violates all of these. It is obviously only there to protect the now-defunct business model that the recording studios live by, and has no basis as a common social conception of what is and is not morally acceptable.

      Which, when you break it down, is what the law is supposed to be; commonly accepted morality. We as a society have become so socially sick that this fundamental concept seems odd to even state.

      --
      I hate printers.
    2. Re:Is this any surprise? by rah1420 · · Score: 5, Insightful

      Nope, I'm not brainwashed. However, I am minded to reply to your comments.

      1) The ease of the offense: We're not talking Ctrl-X Ctrl-Y, we're talking about a man taking a digital camcorder into a movie theater, setting himself up in a good vantage point, taking pains to conceal the camera (he used a sock or something, IIRC, to hide the recording indicators) -- are all these easy? Would the average moviegoer do this? You tell me.

      2) Commonality. Again, the average person knows how to copy files. The average person does not bring a camcorder into the movie theaters, the last time I checked anyway.

      3) The view that the general public has. Again, I haven't polled the general public about this but even given the comments I've seen on this article on /. (duh, serves him right, etc.) I think that it's obvious that the 'general public' would consider copying a file a bit more mundane than actually bringing in equipment to record a movie.

      4) The mindset that people have when they do it. I'm not even gonna touch this one. I think we have all formed a pretty good opinion of what his mindset was - and it wasn't to make an archival copy to watch later. Although I will be the first to admit that I don't know this for a fact.

      So, in my eyes, your argument that assigning jail time to an action 'as socially innocuous as copying an MP3' appears to beg the question of whether setting up video recording equipment in a movie theater is equally socially innocuous. I would hasten to argue that it is not. These are two separate kinds of actions.

      The question of whether it 'protects the now-defunct business model' is moot.

      --
      Mit der Dummheit kämpfen Götter selbst vergebens.
    3. Re:Is this any surprise? by SpeedyDX · · Score: 4, Interesting

      I agree with your points. I do think that recording movies seems to be a "higher level" offence than simply electronically distributing them. If I were to see someone opening utorrent and sharing a movie, I wouldn't bat an eye*. But if I saw someone set up a video cam to record the movie, I would probably report him to theatre security.

      I don't think, however, that he should have received jail time. One upshot of Canada's system of sentencing is that it allows judges to be very creative. IANAL (I am not a lawyer), but IAACS (I am a Criminology student), so here is a quick and dirty lesson on Canadian law. The relevant statute is s. 432.1 in the Criminal Code of Canada, which states:

      432. (1) A person who, without the consent of the theatre manager, records in a movie theatre a performance of a cinematographic work within the meaning of section 2 of the Copyright Act or its soundtrack

      (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or

      (b) is guilty of an offence punishable on summary conviction.

      An indictable offence is similar to a felony. If the Crown (the prosecutor) decides to proceed by indictment, the accused is given certain rights, such as the right to choose to be tried by jury or by judge, the right to be tried in a federal court, the right to a preliminary hearing, etc. In this case, the maximum jail term if the Crown elected to proceed by indictment is only 2 years. If the Crown elects to proceed by summary (similar to a misdemeanor), the rule in the Criminal Code is that the maximum jail term is two years less a day, and the accused does not need to be given the rights mentioned above. I did not read the actual case, but I'm pretty sure that the Crown elected to proceed by summary in order to avoid all the hassle of having a trial by indictment, considering the punishment would be similar either way.

      Maximum sentences are extremely rare in the Canadian justice system, and jail time is generally considered a last resort, especially in summary convictions. If we considered the closest possible world (i.e., similar judge with similar leniency, etc.), the sentence for jail time would probably be considerably less than 6 months. Considering that it was his first offence, with no evidence of past or potential future offences, and that he is a relatively young adult, I can't imagine a jail sentence of more than 3 months. Judges often take into consideration the impact that jail time would have on your life (job, family, etc), on top of the already stigmatizing effect of a conviction. In this case, it is likely that the judge thought that a jail sentence would do more harm than good to the individual, that the psychological effect of being put through the system, and that a significant fine was enough to "teach him a lesson", as it were. Considering the fine requested by the Crown was only $2000, it is probably the case that the accused could not reasonably have afforded to pay a fine much higher than $2000, which would make the current fine a significant amount. Plus, as someone in his age-range, I would think that it sucks to not be able to carry around a phone with a video camera, which most new phones have nowadays.

      * I, personally, would not bat an eye. Most of the people I have been in contact with (Canadians) would probably not bat an eye. The few Americans that I have talked to (on WoW, admittedly), however, seem to be pretty averse to P2P. I've gotten reactions like "Isn't it illegal?" or "Aren't you afraid of getting caught?" or other similar statements. It seems, on an anecdotal, probably unreliable sense, that the average Canadian is more lenient towards P2P than the average American.

  3. Medical devices by Hao+Wu · · Score: 4, Insightful

    Are they going to ban retinal implants for the blind?

    Eventually they might produce quality vision that can be recorded (and of course redistributed):

    The system comprises on an implant, ... a pair of spectacles that contain a camera and a transmitter, and a wearable computer worn at the patient's waist that processes the input from the camera to replace the information processing function of the formall healthy retina.

    --
    I suggest you read Slashdot
  4. Riight... by cjfs · · Score: 4, Insightful

    The house lights were turned on and the movie was shut off and Calgary police arrested him.

    I'm sure all their paying customers enjoyed this. Way to encourage honest people to buy your product.

    1. Re:Riight... by eggnoglatte · · Score: 4, Informative

      Actually, a police raid sounds loads more interesting than the crap they have been showing in theaters lately ;-)

  5. What took so long? by C18H27NO3+ · · Score: 3, Interesting

    1. They arrested him on the spot with the equipment.
    2. The theaters each have a unique embedded watermark.
    3. The investigation into his wrongdoing took 6 months.
    /boggle

    1. Re:What took so long? by SpeedyDX · · Score: 2, Insightful

      This wasn't a crime where anyone's right to physical security was threatened. Police just took their time to investigate, gathered evidence, and made a case against the accused. I don't see what's wrong with this. I'm GLAD it took this long. It means the police didn't take (m)any short cuts. This is just what due diligence by the police looks like. We still have some semblance of it in Canada.

    2. Re:What took so long? by magus_melchior · · Score: 2, Interesting

      It's 1 month to build the product and 5 months to play Doom...

      Scratch that, 1 month to actually collect evidence, and 5 months to convince the DA/judge/jury with the requisite court procedures.

      Litigation/prosecution is far from fast. We may think "speedy" in terms of nanoseconds, but you can't shrink the legal process down (yet) similarly to Moore's Law because the legal process also exists to protect the rights of the accused.

      --
      "We are Microsoft. You shall be assimilated. Competition is futile."
  6. Videoing Movies at the Cinema by notseamus · · Score: 2, Interesting

    I've seen the warnings that are played before movies since about 2006, but I', not sure if I'd report anybody that was recording a movie. Has anyone else actually encountered this? What would you do?

    --
    I dreamed of Freud: What does this mean?
    1. Re:Videoing Movies at the Cinema by Skye16 · · Score: 2, Funny

      Watch the movie?

      Mix sno-caps and popcorn together in one mouthful?

      Hiss at my fiancee when she decides to try talking during the previews?

      Pretty much the usual.

      (Hey, you asked!)

  7. We need to BAN videocams NOW! by elashish14 · · Score: 2, Funny

    Serves that bastard right for using it for the wrong purposes.

    Stay away from my guns though. I reserve every right to carry them around in public.

    --
    I have left slashdot and am now on Soylent News. FUCK YOU DICE.
  8. Fine by me by jesperhh · · Score: 5, Funny

    Fine by me, i hate cam releases!

  9. Can't recode =( by psnyder · · Score: 2, Funny

    ...the first conviction under a new Canadian law making recoding a movie in a theater a crime.

    Damn. Guess I can't use Nero Recode in the theaters anymore. I'll have to go all the way home to start compressing the video I took. What a pain...

  10. Re:Phones will be getting good video by icegreentea · · Score: 4, Informative

    When the person next to you, or behind you sees you holding up your cellphone pointed at the screen for 20 straight minutes. Seriously, use some common sense. The people running theatres aren't all dumbasses. They'll put up some rules about cellphone use, and since they won't want to piss off their customers, they'll make the rules reasonable, and in return, they'll ask people to report other people who have their damn cell out for 30 minutes at a time.

  11. Re:jail time? by lysergic.acid · · Score: 5, Insightful

    because corporations are the new aristocracy. in the olden days committing a crime against an aristocrat was a far worse offense than the same crime committed against a commoner. ridiculously harsh sentences were there to reinforce the difference in status. if you stole from or committed any other offense against an aristocrat/noble they could pretty much do whatever they wanted with you. that was their aristocratic privilege.

    as caste systems began to fall out of favor with educated societies people began to seek a more egalitarian justice system. therefore punishments for crimes were the same regardless of the socioeconomic status of either the perpetrator or victim. but like the concept of democracy this egalitarian idealism didn't last for very long in practice. a corporate plutocracy was quickly created to replace the nobles and ruling elite of the past.

    and with corporate interests dominating the government & political system in most capitalist societies, the same double standards are again resurfacing. that is why the RIAA is allowed to bully regular citizens using the threat of costly court battles to extort money from innocent individuals, and individuals convicted to pirating music are ordered to pay hundreds of thousands of dollars for "stealing" $20-30 worth of music. similarly, non-malicious hackers accused of causing financial damages to large corporations are often punished more severely than violent offenders.

  12. Re:Phones will be getting good video by ozbird · · Score: 5, Funny

    What if I txt during the movie? At what point do the house lights go up and the police barge in?

    As soon as possible, you inconsiderate clod.

  13. Why not place IR floodlights around the screen? by timholman · · Score: 4, Interesting

    Frankly I wonder why theater owners haven't tried placing infrared floodlights all around the screen, so that any cell phones or videocameras pointed at it will only record a washed-out image. I know that some researchers at Georgia Tech have tried building a system that targets cameras and blinds them with directed IR, but that's always struck me as overkill. Just brute-force it with lots of floodlights.

    1. Re:Why not place IR floodlights around the screen? by Snowtred · · Score: 2, Informative

      Could easily be countered by a cheap IR filter, no? There are dozens of sufficient ones in our optics lab. I wonder if this would stop even the directed IR?

    2. Re:Why not place IR floodlights around the screen? by ozphx · · Score: 5, Funny

      The problem is that IR lamps will make everyone hot. We should pick a frequency that won't heat up the body, but will stop the recording.

      A strong gamma source should do it...

      --
      3laws: No freebies, no backsies, GTFO.
  14. A bit overboard on the second part by jaredbpd · · Score: 4, Insightful

    I think I'm more bothered by the fact that he can't possess any video recording device, of any sort, outside of his home, for any reason, for an entire year. Last I checked, most people don't automatically walk into a movie theater the second they leave their homes.

  15. The judge's comments annoyed me in this one by jesterzog · · Score: 2, Interesting

    Are they going to ban retinal implants [igargoyle.com] for the blind?

    Based on this article I don't see why. The article (and even the Slashdot summary) makes it quite clear that under the new Canadian law, it's necessary to prove that there was intent to re-distribute the illegal recording before any charges can be laid.

    What happened (if the article's correct) doesn't really bother me. It's a movie protected under copyright law that he was illegally recording in a movie theatre with the intent of re-selling it for his own profit, breaking copyright laws. I can remember stories about people using home video cameras in various places at least as far back as 1993 for selling crappy renditions of newly-released movies on the streets, and I bet it's been going longer than that. The sentence that he got for doing this sounds reasonable to me.

    What irks me about this whole thing, which unfortunately still doesn't surprise me, is that the Judge has been quoted as comparing what he did with stealing a cart of meat! From the article ('Skene' is the judge in the case):

    "Skene said if one compared Lissaman's crime to shoplifting, it was not like someone stealing a loaf of bread or litre or milk for personal use but like someone taking a cart of meat to be re-sold for profit."

    Surely a judge would know the difference between stealing and copyright infringement, and perhaps she was just dumbing the whole thing down so a reporter could understand it, but it really doesn't help for the accurate portrayal of information to the masses. All it does is to publicise exactly the same mis-truth that the corporate copyright propagandists want everyone to believe, which is that copyright infringement is the same as stealing and that its damage can be measured in the same way.

    1. Re:The judge's comments annoyed me in this one by canajin56 · · Score: 4, Insightful

      He's not saying it's the same at all. He's making an analogy. Steal a loaf of bread to eat, they will go easy on you. Steal it to sell it they will not. Record a movie for your own use, they can't even charge you under this law. Record a movie and sell copies, they can!

      Would it make you feel less righteous indignation if he compared it to breaking and entering? If you break into a home with intent to rob, they'll throw the book at you. If you are caught in a storm and break into a remote cabin you stumble across, that's a completely different situation. Better?

      --
      ASCII stupid question, get a stupid ANSI
    2. Re:The judge's comments annoyed me in this one by jesterzog · · Score: 2, Insightful

      He's not saying it's the same at all. He's making an analogy. Steal a loaf of bread to eat, they will go easy on you. Steal it to sell it they will not. Record a movie for your own use, they can't even charge you under this law. Record a movie and sell copies, they can!

      Good point, I mis-read it and was hasty in assuming she was saying copyright infringement is the same thing as stealing. It still irks me though that she even used the stealing analogy given the topic of the case.

      The movie and recording industries would love people to believe the claim of copyright infringement being the same as stealing -- they spend enough time trying to tell me and everyone else. From what's supposed to be a respected legal position, she's giving them a heap of new quotations in connection with a copyright case for everyone to get confused with.

    3. Re:The judge's comments annoyed me in this one by CSMatt · · Score: 2, Informative

      Based on this article I don't see why. The article (and even the Slashdot summary) makes it quite clear that under the new Canadian law, it's necessary to prove that there was intent to re-distribute the illegal recording before any charges can be laid.

      No it doesn't.

      Until the new law took effect in 2007, prosecutors had to show evidence of distribution to get a conviction; now, recording without permission is sufficient.

  16. Note to editors by damn_registrars · · Score: 2, Informative
    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  17. Re:Phones will be getting good video by rmallico · · Score: 4, Interesting

    had a row of teen girls in front of us last week (their parent right in front of my 4 year old) at the Madagascar 2 showing... two people asked them to stop texting and the mgmt was not anywhere in sight. my 4 year old was getting into the movie and his feet were kicking the back of the seat (of the parent might i add) and she asked me to control my child kicking her seat... and my response was short and sweet..

    I would love to have him stop once the texting by her child (and others) stopped...

    I expected her to have them stop... no, she huffed and moved the group up to the neck crick seats (ones like 5 feet away) and which also put her children in plain sight of the finally walking through theatre mgmt person who asked them 2 times to stop and finally booted them...

    what a great show it was...

    --
    sig goes here!
  18. Double Standard for Jail Time by CuteSteveJobs · · Score: 5, Insightful
    > "The Canadian Motion Picture Distributors Association was disappointed that jail time was not given."

    That's a bit rich since the movie industry itself regularly engages in fraud to rip off movie makers and actors. Did you know the author of Forrest Gump didn't make a single cent from the movie, the smash hit My Big Fat Greek Wedding technically made a loss (so the actors were ripped off royalties) and both Rob Schneider and Spielberg and many others have both stolen movie ideas in the past and baulked at paying the creators. So why is camcording a movie a criminal offense publishable by jail but fraud isn't? and in the US why is fraud only ever settled in civil courts without the threat of jail?

    http://en.wikipedia.org/wiki/Hollywood_accounting
    http://www.tmz.com/2007/12/11/aussies-to-adam-you-stole-our-gay-firemen-flick/
    http://news.ninemsn.com.au/article.aspx?id=335127

  19. Hotbed, eh? by Grokko · · Score: 4, Funny

    What makes this funny is the comments from the Paramount exec:

    From the TFA:

    "Canada is a hotbed of movie pirating, which is a billion-dollar loss to the movie industry," Mark Christiansen, executive vice-president of operations for Paramount Picture's motion picture distribution, said outside court after reading his victim impact statement.

    - Really? They caught one guy. You had a better chance of winning the lottery than getting caught for recording a movie.

    "The perception is that Hollywood stars are the only ones hurt by this, but it affects everybody who works in theatres."

    - I'm sure all the high school students getting minimum wage in the theatre believe that in all their hearts, their pay and jobs will be affected by some jerk recording a fuzzy copy of a movie.

    Virginia Jones, of the Canadian Motion Picture Distribution Association:

    "We would have liked to see jail time, sending a stronger message. We hope this is just a starting point," she said outside court, also after delivering a victim impact statement.

    - She delivered a victim impact statement? Asked for jail time? The winner, for best performance in a dramatic role is Virginia Jones.

  20. Re:I'm curious... by SpeedyDX · · Score: 2, Informative

    Perhaps you misunderstood the poorly worded summary. There are two ways to read the summary: 1) You cannot create video footage in a theatre; or 2) You cannot create video footage of a movie that is being shown in a theatre. The statute is as follows (emphasis mine):

    432. (1) A person who, without the consent of the theatre manager, records in a movie theatre a performance of a cinematographic work within the meaning of section 2 of the Copyright Act or its soundtrack

    (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or

    (b) is guilty of an offence punishable on summary conviction.

    The statute states clearly that you can't create video footage of the movies that are being shown on the screen of the theatre, rather than not being allowed to create video footage in a theatre. If you wanted to create video footage in a theatre, it's fine so long as you have the permission of the theatre, and there is no movie being shown in said theatre (unless you have permission from the copyright holder and/or the movie has gone into the public domain). There are no more or less hoops to jump through than before, because recording movies shown in a theatre for the purpose of distribution was illegal prior to the amendment, IIRC.

  21. Re:And thats it... by Seraphim1982 · · Score: 2, Interesting

    The point of a ban like this is to keep him honest. If he is caught doing it again proving was in a theater, or was carrying a camera, is a lot easier then proving they were videotaping a specific movie. For example, if he deletes the video/tosses the disk before the police catch him, then the authorities don't have to worry about trying to restore it, or proving it was there, because he's still in trouble for having the camera or being in the theater.

    Most bans imposed as a result of a criminal trial work under the same idea. The court tries to it a lot harder for the criminal to repeat his crime without being convicted, and hopefully that works to deter him.

  22. Re:Not extreme by Anonymous Coward · · Score: 5, Funny

    For everything else, there's Guantanamo Bay, Cuba.

  23. what the law is supposed to be ... by reiisi · · Score: 3, Insightful

    Yeah, society is sick when so many people are thinking, "But he shouldn't have been ..." instead of "Why can't the theatre just confiscate the tape, eject him from the theatre, and bar him from coming back?

    As far as we know, this was a first offense.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  24. The law and the common morality by reiisi · · Score: 3, Insightful

    Setting aside for a moment what the law is supposed to do, we must recognize that it does reflect the common morality.

    Two hundred years ago, the common view of the world was a lot more dog-eat-dog than it is now. Malthus was an optimist. Actually, Malthus is still an optimist, but the misinterpretation was considered optimistic back then. There was a prevailing opinion that the only way a person could have a reasonable standard of living was on the back of at least a few someone else's slave labor. Even the guys on the bottom accepted that idea to a certain extent. (Speaking from a "western" point of view, since we are talking about western laws. The moralities and laws of the people that were imported to be the new bottom rung didn't count, which, of course, makes the slave trade that much more evil.)

    The revolutionary concept was that we didn't have to be at war with everyone else to survive. That we didn't have to oppress others to have something good of our own. And we've forgotten that concept.

    And this law, frankly, is stark evidence that we have forgotten it.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  25. Red LED by Easy2RememberNick · · Score: 2, Funny

    I bet a person in the movie theater could have some fun with a 9V battery, a resistor and a red LED.

  26. Draconian penalty by jandersen · · Score: 2, Insightful

    The Canadian Motion Picture Distributors Association was disappointed that jail time was not given

    Which is why it is just as well that the prosecutor is not the same as the judge.

    The man was also banned for a year from possessing any video recording equipment, even a video-capable cellphone, outside of his home.

    Which is what I think is wrong on many levels. A fine is OK, I think - he knew that he was doing something that was illegal and it had to have consequences. A ban from going to theatre might have been reasonable too; but banning a person from carrying any video recording equipment in public is likely to be perceived as wrong. The validity of any law rests ultimately on public support, not on the severity of the punishments, and if penalties are seen as unreasonable, you lose the public support. We can see this in several places in UK - when the police want to investigate even a murder in certain areas, they don't get anywhere, because people don't support them. Whole local communities have somehow lost their trust in the authorities and simply don't want to help the police. From that perspective it may turn out to be a very stupid decision by the judge.

  27. If you were right, you might be right, but, ... by reiisi · · Score: 2, Informative

    That's not how I read the article. In fact, if I remember the article correctly, it said something to the effect that, under the new law, they don't have to show any evidence of intent to sell.

    The old law, they did have to prove something, and that was why the RIAA wanted to change the law.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  28. Re:Phones will be getting good video by Phroggy · · Score: 2, Informative

    what's wrong with texting?

    The backlight from your phone, which you hold up while you do it, is distracting to the people behind you. Also, even if you have it set to vibrate, I can probably hear it every time a message comes in.

    --
    $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
    $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
  29. Professional criminal by Alomex · · Score: 2, Insightful

    Look, someone with a video camera in the theater is likely not a high-school kid making copies to file share with his classmates. In all likelihood this person had done it before, many times which is why they were waiting for him with cops and all (yes Virginia, movies have theater-specific watermarks).

    The only reason people here are supporting this guy is reflexive anti-RIAA sentiment, nothing else.

    On this case, they seem to have landed a professional criminal who makes it a business to record movies and sell them for distribution, in which case jail time is not out of the question.

  30. Re:Isn't it just like a EULA? by jesterzog · · Score: 2, Interesting

    How about you give me your address and I'll help myself to anything in your house? You can just STFU, and I'll take anything I wish out of your house. Seems like a good analogy to me. Or, how about I siphon your gas tank every day. That's even better, since the cost of gas is somewhat higher than actually eating nowadays :).

    But that's a fundamentally different thing from copyright.

    Why is it a fundamental right of yours to control the use of information that you happened to create in the first place? It's not physical property and you don't lose anything if someone makes a copy of it. There certainly never used to be restrictions on making copies of things or using other people's ideas until relatively recently, and building on other people's ideas and extending other people's work tends to be how progress happens.

    If I make a copy of something you did, you haven't lost anything at all because you still have your copy of it and you can do what you like with your copy. At best, there might be a lower possibility of you making money in the future by charging for access, but exactly how much you would have made if you applied yourself is uncertain anyway.

    But this is why copyright law exists. It's an artificial legal construct to provide an incentive for people to create something in the first place, which it does by letting content creators have a monopoly on their work for a limited time and under certain conditions. (ie. Other people are still allowed to reproduce it in certain ways and for certain reasons.) It's supposed to be a balance for both sides, to allow the creator to benefit from what they've done, while at the same time letting everyone else have a reasonable use of it and (eventually) unrestricted use when it finally moves into the public domain.

    The fact that copyright terms have become so ridiculously long just means that authors and publishers get mis-led into thinking that their IP is some kind of real property, and that it must be a crime if it's ever used in any way they don't authorise, even if it's completely legal under law. When authors and publishers start assuming people are criminals because they might be copying something (or even because they are copying something), it also means they're effectively re-writing the law on their own terms in a way that prevents legal copying, and this is what concerns me. If theatre owners don't want recording equipment on their property then whatever, but there needs to be a way to make sure that the avenues for using information legally aren't being cut off because a few publishers happen to be paranoid.

    Copyright law is a good thing, and I think it's great to give people limited control over work they produce so they can make some money from it and have an incentive to do it in the first place... but copyright law only even exists so that there is an incentive to create new content in the first place. The problem with content distributors putting physical restraints on the abilities of people to make copies and cryptigraphic constraints on the abilities of people to make now get offended that their stuff comes out of copyright at all, or gets used by other people legally without their permission while it's still in copyright. The only thing you might not have anymore is the ability to make money from people you might have sold it to.