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The Hurt Locker Producers Sue First 5,000 File-Sharers

Voltage Pictures, the production company behind 2008's Oscar-winning Iraq war film The Hurt Locker, today sued 5,000 people who illegally downloaded the movie over BitTorrent. Quoting CNET: "Attorneys for Voltage wrote in the complaint that unless the court stops the people who pirate The Hurt Locker then Voltage will suffer 'great and irreparable injury that cannot fully be compensated or measured in money.' Voltage has asked the court to prevent those who downloaded the movie without paying for it from downloading its movies ever again, and order them to destroy all copies of The Hurt Locker from their computers and any other electronic devices they may have transferred the film to. As for monetary damages, the movie's producers want those found to have pilfered the movie to pay actual or statutory damages and cover the costs that went into filing the suits." According to the complaint (PDF), the 5,000 infringers are known only by their IP addresses at this time.

36 of 861 comments (clear)

  1. Not this again... by ZeroExistenZ · · Score: 4, Interesting

    We've been playing this game for over a decade now..

    Are there already good alternatives for bittorrents?

    The onion-based darknets seem to be empty because it hasn't been as necessary yet there hasn't been anything other then torrents it seems..?

    --
    I think we can keep recursing like this until someone returns 1
    1. Re:Not this again... by LostCluster · · Score: 5, Insightful

      Are there already good alternatives for bittorrents?

      1. See it in the theater.
      2. Buy the DVD/Blu-Ray
      3. Rent the DVD/Blu-Ray
      4. Watch on Pay Per View Cable/DBS
      5. Watch on HBO/Showtime pay cable
      6. Wait until it's rerun on basic cable.

    2. Re:Not this again... by h4rr4r · · Score: 4, Interesting

      It's called netflix, they even send you a disc you can easily copy if you so desire.

    3. Re:Not this again... by u17 · · Score: 4, Insightful

      He said good.

      All of the above lack either quality or user control. Some have quirks like needing to break encryption and being careful about your hardware locking up due to changing region codes. None can replace BitTorrent, even when not taking price into consideration.

    4. Re:Not this again... by Alanonfire · · Score: 4, Insightful

      He said good.

      All of the above lack either quality or user control. Some have quirks like needing to break encryption and being careful about your hardware locking up due to changing region codes. None can replace BitTorrent, even when not taking price into consideration.

      Essentially, broke teenage kids want free stuff.

    5. Re:Not this again... by Anonymous Coward · · Score: 5, Insightful

      the people who make record years at the box offices happen... year after year after year.

    6. Re:Not this again... by u17 · · Score: 5, Interesting

      Essentially, broke teenage kids want free stuff.

      That, too, but once these kids grow up, they are already accustomed to being able to get movies quickly, conveniently, and in a format that gives them full control over how they watch them and what they do with them. A large fraction of these kids will probably gladly pay a small price for each download in a similar service, but will stick to BitTorrent if you try to take their freedom, convenience and inexpensive cost away from them.

    7. Re:Not this again... by bcat24 · · Score: 4, Informative

      "Doing the right thing" and not stealing isn't moral relativism.

      And pirating movies isn't stealing. Stealing means I deprive someone else of their property. Copying said property is a different matter entirely.

    8. Re:Not this again... by Jah-Wren+Ryel · · Score: 5, Insightful

      Taking something without paying is stealing.

      Then hollywood and all the other publishers are the biggest thieves in the world.
      Why? Because of retroactive copyright extensions.
      Because of those extensions the publishers have stolen millions of works from the public domain.
      Works that were created and released under very specific copyright terms that guaranteed their release into the public domain.
      If they didn't agree to those terms, they should never have published in the first place.
      But instead, they hired lobbyists to steal all of those works from every single citizen.
      That is theft on a scale hundreds of thousands of times greater than 'internet piracy' could ever achieve, even if every single citizen pirated everything they ever watched.

      So if you want to talk about stealing you should be focusing on the biggest thieves in the world bar none not these piddly little downloaders.

      --
      When information is power, privacy is freedom.
    9. Re:Not this again... by Spatial · · Score: 4, Insightful

      That's the point. Piracy is commonplace yet they're rolling in money despite their complaints.

    10. Re:Not this again... by Knuckles · · Score: 5, Interesting

      Indeed. I decided to get a TV after all, and figured that the HDTV via IP package of the largest German ISP would be a good companion. This comes with a so-called online video rental shop which they currently advertise heavily, and I'd be fully willing to pay reasonable money for its supposed conveniences. Well, guess what, it sucks:

      • Rental prices are higher than in the brick & mortar store at the corner.
      • Just a few thousand titles, less than the brick & mortar.
      • All movies are dubbed in German, no other languages available, not even the original one. DVDs have offered this for how long now?
      • No obvious way to watch on laptop in bed, and impossible with Linux anyway.
      • User interface is clunky, slow, and annoying. All of this you can do better with IMDB and Piratebay.
      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    11. Re:Not this again... by Shadow+of+Eternity · · Score: 5, Informative

      Are you being intentionally ignorant?

      DRM hasn't ever made a difference in piracy, the only people that are ever impeded by it are the ones that actually legitimately purchased the product.

      --
      A bullet may have your name on it but splash damage is addressed "To whom it may concern."
    12. Re:Not this again... by dubbreak · · Score: 4, Insightful

      A large fraction of these kids will probably gladly pay a small price for each download in a similar service, but will stick to BitTorrent if you try to take their freedom, convenience and inexpensive cost away from them.

      Or even a large fraction of the population. I really cannot comprehend why I can't readily pay to download a movie to my computer in a format I am guaranteed to be able to play. I'd gladly pay a few bucks (my limit is probably around $5 and that'd have to be 1080P and a fast DL), but I'd do it often. I'd give up cable if I could pay to download the shows I actually watch for the same price as I pay per month in cable and the show producers would make more money (my local cable provider would still make money as they provide my internet service).

      I really don't get it. Make downloads cheap enough and fast enough that it's more convenient to pay for a DL and there goes the majority of your pirating problem. Hell, even continue the posting of fakes etc to make the free DLs less attractive.. just offer me a legal alternative that isn't DRM encumbered. There are potential customers waiting, someone just has to offer the service.

      --
      "If you are going through hell, keep going." - Winston Churchill
  2. alright by nomadic · · Score: 5, Insightful

    Yadda yadda, outrageous, MAFFIIIIIAAAA, etc. etc., but what's their alternative? The most common solution offered on slashdot for the people who make these movies is basically to just allow piracy.

    1. Re:alright by Anonymous Coward · · Score: 4, Insightful

      No. One more time. Please pay attention this time.

      The alternative is to make your movies available for convenient download for a reasonable price.
      If people can get your movie conveniently and cheaply the vast majority won't bother to 'pirate'

    2. Re:alright by Anonymous Coward · · Score: 5, Interesting

      Well, I don't know what the alternative is.

      I just don't like the idea of the justice system being subverted in such a way that a corporation can sue someone anonymously, and I don't like the idea of a family being destroyed financially because their kid downloaded a movie, when otherwise shoplifting the movie would be a petty theft charge.

      I would rather see them out of business if this is the only way they can make money. I'm a model mpaa customer. I have over 200 bluray movies purchased, but they would still label me a criminal because I have taken (at considerable effort) the evil step of digitizing all my movies (ripped and encoded to my fileserver in mkv). I have a live copy, and a backup, and the physical copy sits in a closet. They have never been shared. If I lived in America, they would undoubtedly sue me if they discovered what I have done.

      Allowing me to rip movies harms their business plan of reselling the same movie every format change.

      Fuck them.

    3. Re:alright by h4rr4r · · Score: 4, Insightful

      I think everyone is ok with them stopping distribution of their films, just not with them suing folks for millions for downloading 1 film.

    4. Re:alright by twidarkling · · Score: 5, Insightful

      Here's my alternative: Offer me a service that will allow me to download the movie, at a good rate of speed, at a resolution of my choice, and include all the extras that would be on the DVD release, and make it available the same day the DVD releases, and in my country. No staggered release bullshit, no "in the US first, then elsewhere."

      Make it tiered pricing based on resolution, and then maybe things like basic and special editions that include or exclude the special features. Sort of like how it's done in brick and mortar stores, with DVD vs. Blu-Ray and special editions. Also make the pricing realistic. It should not be the same price as going out and buying a physical disk at a store, due to not needing the distribution channels. I figure about a 25% discount over stores should cover it, and induce people to try it out, and encourage impulse buys.

      --
      Canada: The US's more awesome sibling.
  3. Cannot fully be compensated or measured in money? by rmckeethen · · Score: 5, Funny

    I assume this means they're suing for an a full and immediate apology, right?

  4. I've never understood... by adbge · · Score: 4, Insightful

    Why is this sort of legal tactic allowed? The "sue everyone and let the court sort out who is guilty" attitude is ridiculous. Is there some kind of legislation that prevents this sort of behavior? Why isn't this illegal? It's obviously an abuse of the legal system, as far as I can tell.

    Basically, I feel that this is extortion. Their tactic is: pay me x dollars or else you'll have to pay to fight an expensive civil suit. That's not ok.

    Of course, it's easier to blame pirates for the failure to properly monetize your film. Couldn't be Hollywood's fault, could it?

    1. Re:I've never understood... by h4rr4r · · Score: 5, Informative

      The issue is they can sue you and make sure it costs $10,000+ to even go to court then offer to settle for $1,000. This means even an innocent man will be forced to pay if he cannot spare $10,000.

      I suggest they sue for reasonable amounts and do it more often.

    2. Re:I've never understood... by MWoody · · Score: 4, Insightful

      *sigh* So when they went after file sharing sites, people whined that they were just facilitators, not themselves guilty of anything. Fair enough. "Punish the actual infringers!" slashdot cried.

      Then they went after the programs and tools themselves, and people whined that they were just tools, and had perfectly legitimate uses. Very reasonable. "Punish the actual infringers!" slashdot cried.

      Now they're flat-out targeting people who actively infringe copyrights. These people are BREAKING THE LAW, and more importantly, doing something immoral: they are taking someone else's work and not merely using it without due compensation, but helping others to do the same.

      I'm sorry, I'm out of excuses; I'm out of pity. We won the important war. BitTorrent thrives as a legitimate tool, and merely linking to something bad is usually not itself cause for litigation. My moral outrage stops at those caught red-handed, hands thoroughly lodged in the cookie jar (and no, "someone else could have being using their personal IP or broke into their house and used their computer" is a flimsy argument at best.)

    3. Re:I've never understood... by twidarkling · · Score: 4, Informative

      Punish the infringers, yes, but the punishment should fit the actual crime. In the Far Cry case, they're asking for $1,500 from each infringer to settle out of court. That's with no hearings, nothing. Just "pay us $1,500 and we'll drop it." That's extortion, since it'd cost well over that to fight it.

      So, we have a case where they're charging people with infringement, without having compelling evidence (simply obtaining an IP doesn't even come close), and setting the bar far in excess of actual damages, but well below what would be incurred defending oneself.

      And yes, I said the Far Cry case, but it's being handled the exact same way as this one, since it's by the same law firm.

      --
      Canada: The US's more awesome sibling.
  5. Re:Wow.... by lorenlal · · Score: 4, Insightful

    Ummm... Actually... I'll disagree. If they're suing for "actual" costs, and the costs of filing the lawsuit, then I think they're going totally against what the *IAAs have been doing. In fact, I think it's a totally reasonable and justifiable damage to seek among the downloaders. They're not looking to charge these folks $80K for the download, they're looking to get the illegal copies deleted, or have them pay for the movie and pay the court costs. That's exactly what I think it should be.

    Now - If they decide that the "actual" cost is upwards of $80K + court costs, then I'm certainly going to go along with the wet dream theory.

  6. Re:The first movie by Theril · · Score: 4, Insightful

    Watching The Hurt Locker caused great and irreparable waste of time that cannot fully be compensated or measured in money.

  7. Asking the courts to prevent them from downloading by FooAtWFU · · Score: 4, Insightful

    They're asking the courts to prevent them from downloading their stuff again... How would you implement that? Ban the people from the Internets entirely? (Including at the local coffee shop?) Short of stuffing them in jail, I don't see how you could actually do that. So what do you think they have in mind here?

    --
    The World Wide Web is dying. Soon, we shall have only the Internet.
  8. Even better by geekoid · · Score: 5, Insightful

    it's called the library.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  9. Re:Sued by your IP... by anagama · · Score: 4, Informative

    Remember that these civil lawsuits have a burden of proof called a "preponderance of the evidence", which means the jury needs a confidence level over 50% to go with the studio. That leaves significant room for doubt in the jurors' minds -- they just have think that there is more than a 50% probability he actually was the one who downloaded the movie. Anyone really want to risk their financial future on those odds?

    --
    What changed under Obama? Nothing Good
  10. Re:Wow.... by Mordok-DestroyerOfWo · · Score: 5, Interesting

    The main problem is that even court costs can be enough to destroy somebody's life. The odds are if you're downloading you're probably not among the wealthy elite in the world. They're probably more like me, in their 20's and only a few missed paychecks from being homeless. I simply don't think that a few hundred megabytes is worth the real human misery that you would cause. Legally they are in the right, but that doesn't make it right.

    --
    "Never let your sense of morals prevent you from doing what is right" - Salvor Hardin
  11. "Well it wasn't that good anyway" by kentrel · · Score: 5, Insightful

    There seems to be a bit of post hoc rationalisation going on here regarding the quality of this movie

    Now this is just my observation and as such anecdotal evidence, but, I noticed that ever since Hurt Locker was released it was praised by everybody I spoke to. I hang out a lot on both movie forums and filesharing forums, and that opinion was nearly universally shared well after it won a bunch of Oscars and the hype naturally faded. There's an argument to be made that the sucess of the movie, and word of mouth was greatly helped by filesharing, but I'm not making that argument here. Its almost certain that a huge amount of people who liked the movie and spread the word, pirated it. However, almost every opinion I read was that it was an excellent film, until news came out that people were getting sued.

    So I look at the file sharing forums, and torrent news blogs, etc and as expected, near universal derision for the producers, but, strangely, suddenly an awful lot of people seem to think "Well it wasn't that good anyway".

    What's interesting to me is not just that there are suddenly a lot more negative comments about it than I've seen before, but they're automatically linked to this news story, like its justification. Obviously, the quality of the movie has nothing to do with the rights holders to sue for copyright infringement, so its strange that

    Does it feel like a rationalisation to anyone else or just me? Could it be a form of cognitive dissonance, specifically Postdecision dissonance? http://en.wikipedia.org/wiki/Cognitive_dissonance#Postdecision_dissonance

    1. "This is a good movie." 2. "Uh oh, this filmmaker has done something abhorrent to my beliefs." 3. This guy is an asshole. 4. Well maybe it wasn't that good a movie

    The movie is done, and hasn't changed since released, but if I was to look at the various forums around the internet right now, the universal feeling seems to be it wasn't that great a movie after. The idea that the quality of

    1. Re:"Well it wasn't that good anyway" by twistofsin · · Score: 4, Interesting

      Illegal or not, you have just explained why the studio is making a huge mistake with these lawsuits. This behavior is making their products unattractive.

  12. Re:The first movie by Knuckles · · Score: 5, Interesting

    Who says? How many of the sued saw it in the theater and just wanted a copy on their HD? How many were, will be, or would have been paying customers of other movies of the same creators or studio?

    I, for one, spend a lot of money on CDs. And yes, sometimes I'll also illegally (depending on jurisdiction) download stuff, because there is an upper limit to what I can afford to spend, and there is much more fantastic music around. Nobody gets hurt by this, because I would not have spent any more money anyway, The only effect of not downloading would be that I wouldn't have listened to this music. And I've often bought CDs after a download if I liked the stuff. So yes, it would be wise to consider me a customer or potential customer even if I haven't paid for a particular mp3. Suing me would be a damn stupid business move.

    --
    "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
  13. How does DRM make pirating harder? by Nicolas+MONNET · · Score: 5, Insightful

    If you own the disc, DRM has an (negative) impact on you.

    If you don't own the disc, DRM does not prevent you from using BitTorrent, since there is no DRM on thepiratebay.org..

    1. Re:How does DRM make pirating harder? by Spewns · · Score: 5, Insightful

      Lack of DRM makes it easy to get the movie onto TPB in the first place.

      The point is flying over your head.

      1. Disc with DRM -> will end up on TPB.
      2. Disc without DRM -> will end up on TPB.

      So what's the point in ruining discs with DRM in the first place when by this time (and for a long time now) it has been a proven failure as a technique to curb piracy. It's so bad of a solution that the only people who complain about DRM are people who do buy the discs. Anyone with a brain should be pirating everything nowadays.

  14. you are wrong by Weezul · · Score: 5, Insightful

    I'm pretty sure most people saying the movie sucked are simply action movie buffs who felt the movie was slow and boring, and just forgot about it. You've also got people who've avoided criticizing the film for social reasons, like patriotism or the awards, but who'll now honestly say they disliked the film. In fact, I'm suspicious the films support largely comes from cognitive dissonance around patriotism and the awards in the first place.

    I watched the beginning of the film, but I got bored fairly early and quit. And yes I've never told anyone that before, well I felt the movie was lame before. I mostly just never cared enough, but yeah I was reluctant to contradict the academy when I'd not even seen the film. I've only rarely admitted that I've never finished Foucault's Pendulum either.

    That said, these producers are trying to ruin people's lives for watching their movie. So yes erasing the film from our cultural consciousness sounds like an appropriate response. In fact, one easy move would be helping thin down the wikipedia article.

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
  15. Re:The first movie by cyn1c77 · · Score: 5, Insightful

    Agreed. Had I paid to see it, I would have asked for my money back.

    So if you like a movie, does that mean you pay afterwards? You are a thief. You take the product of someone's labors against their will and offer nothing in return. That has nothing to do with whether what you steal meets your personal standards.

    Yes. And every time you fastforward through a TV commercial or get up to go the bathroom during them, you too are a thief.

    Or do you watch all the commercials to satisfy your morality? Do you listen to all the commercials on the radio in between songs? Do you read all the banner ads on every webpage you load?

    Welcome to 2010. You can't lock media down as easily anymore and you can't charge exorbitant prices for shit and expect everyone to happily pay it. And using your political influence to sway the FBI and the judicial system in your favor is not going to change the popular opinion.

    If the movie industry doesn't like it, they can always stop making movies...