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Uwe Boll, Other Filmmakers Sue Thousands of Movie Pirates
linzeal writes "Directors whose films have done poorly at the box office are increasingly being solicited by high-powered law firms to file lawsuits with offers of settlement. This practice, which the EFF has been calling extortive and 'mafia-like', has resulted in courts starting to rule in favor of the consumer, and in some cases throwing out the lawsuits. This is all fine and dandy, however, when you are considered the world's worst director and you largely finance films through your own holding company. At that point, the rhetoric and ridicule gets ratcheted up rather quickly."
Are they seriously trying to convince me that someone would want to pirate Uwe Boll's movies?
None of these people are proven to be pirates. Uwe Boll claims they are. But that doesn't mean you get to report that they are. The headline should be "Uwe Boll, Other Flimmakers Sue Thousands of People".
Slashdot could be sued for this headline.
These ludicrous lawsuits are already in jeopardy, as the judge has ruled they have to prove a valid legal reason to roll up all these John/Jane Does in one lawsuit. Rightfully so. I have no problem with them suing these people, but trying to roll them up into single lawsuits so that their filing costs and complexity remain low is abuse of the justice system.
Living With a Nerd
Sorry, but your expectation rest on the assumption that politicians gives a flying f_ck, and that somehow common sense would prevail in a system where every politician is bought and paid for by special interest groups.
ELOI, ELOI, LAMA SABACHTHANI!?
There's multiple problems:
1) The software they use to determine who is downloading a movie may not give accurate results. This was particularly true with Kazza Lite. You could ask it for a list of IPs of people on a share and it would return incorrect results. So, maybe your IP got reported incorrectly.
2) Your ISP could give them incorrect information. Perhaps their logs of who had the IP at a given time were incorrect. Let's not pretend like software never fucks up. Perhaps they got tampered with (it is just text files after all). Maybe one of their admins was doing the downloading and falsified the logs to cover his tracks.
3) Your net connection could have been used without your knowledge. Unless you are really serious about wireless security, someone could have used it. Many people run open APs or WEP and that can easily be bypassed. So it is perfectly possible for someone to have used your connection to download.
That is one of the many problems with lawsuits like these. You really can't be sure that the people being sued are the people who did the downloading. So not doing it is NOT good enough to prevent you from getting sued. You could still find yourself hit with a lawsuit. You claim "But I didn't do it!" and they say "Ya right, pay us the extortion money or we take you to court."
From the article I linked to:
"A brief entry in the official court docket lays out the order. "MINUTE ORDER requiring Plaintiff to show cause in writing no later than June 21, 2010 why Doe Defendants 2 through 2000 should not be dismissed for misjoinder under Federal Rule of Civil Procedure 20," wrote the judge in The Steam Experiment case. The same order was repeated in a separate case targeting 4,577 users alleged to have shared the film Far Cry."
Let's take a look at Federal Rule of Civil Procedure 20:
"Persons may join in one action as plaintiffs if:
(A) they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and
(B) any question of law or fact common to all plaintiffs will arise in the action. "
Unless all of these people were a part of some vast conspiracy to download the same movie from the same source en mass, they can't be joined together in a single lawsuit. Explain how my post is wrong, based on the entry in the court docket and Procedure 20.
Living With a Nerd
Let's play "who's a bigger threat to society"
On the one hand, we have internet pirates. They click buttons in the privacy of their own homes, and watch movies for free.
On the other hand, we have you, who seems to think getting raped in the ass is a just consequence for copying bits.
So, America. Who would you feel safer living next to?
Give me Classic Slashdot or give me death!
On the other hand, it's a valid point.
The law is pretty clear on whether copyright violation is legal or not.
Using the "I'm not likely to be one of the people they choose to pursue action against" strategy seems, as time goes on, to be a less-than-optimal one.
But since we're commenting on flamebait mods... the whole article is flamebait for slashdot. The only reason this is newsworthy is because it includes Uwe Boll, make of some of the most nerd-despised movies on the planet. It's no longer news when a media rights holder pursues action against infringers -- the only reason this article made the main page is so we can flame (1) entities that pursue enforcement of their IP rights and (2) that director of tripe, Uwe Boll.
Seriously, it's hard to complain about flamebait posts when that's the very nature of the article.
"Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
Shouldn't Boll be PAYING people to download his films? What Ed Wood have done?
Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
Wrong.
Not doing something doesn't stop you from getting accused of doing it, and a lawsuit is, after all, just a very formal accusation.
Specifically relevant to copyright and P2P, I suggest you familiarize yourself with the history of Media Sentry and Media Defender.
From Uwe Boll's wikipedia entry (this is priceless): "Another reviewer wrote that Alone in the Dark was "so poorly built, so horribly acted and so sloppily stitched together that it's not even at the straight-to-DVD level."[16] For example, in one scene a character who was "killed" can visibly be seen getting up as the actor prematurely made the move to get off the set."
GAH!
Thanks for pointing that out. here is the relevant portion, from the same link:
Persons -- as well as a vessel, cargo, or other property subject to admiralty process in rem -- may be joined in one action as defendants if:
(A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and
(B) any question of law or fact common to all defendants will arise in the action.
Living With a Nerd
I disagree. I had never heard of Uwe Boll until he started his lawsuit campaign. The reason this issue gets under my skin is the egregious abuse of copyright and the court system, not because of the person doing it.
Saying that "it's no longer news when a media rights holder pursues action against infringers" is dangerous- do you want such actions to become the accepted norm?
That Anonymous Coward guy is pretty annoying. Can we have the government censor him or something?
It doesn't bother me one way or the other. I don't knowingly violate copyright. If copyright law gets changed, then my actions may change. Until then, I buy the media I choose to consume, and if I don't think the price is right -- I do without.
The key reason the pursuit of action against violators is not newsworthy is that we know it happens frequently. This is nothing new. What would be more newsworthy are articles about how enforcement is changing, or articles about how the law itself is changing. Yet another copyright holder suing due to infringement just isn't news anymore.
One other note:
You must be new here :) . Luckily for us, since Germany (and other countries) closed the tax loophole investors in his films were taking advantage of, he hasn't been getting a lot of work. The tax loophole is what made his bombs profitable despite their dismal ratings.
"Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
On the one hand, we have people who copy data without paying the creator. They have a small impact on the creators' financial incentive to create, and potentially reduce the cultural output.
On the other hand, we have Uwe Boll, who produces films that are so mind shatteringly bad that people need weeks of expensive therapy after watching them, taking money away from competent film makers and causing an entire generation to lose respect for the cinematic medium.
Finally, we have people who pirate Uwe Boll movies, intentionally spreading them to a large unsuspecting population.
People in category one are selfish. The person in category two is unfortunate. The people in category three are dangerous sociopaths.
I am TheRaven on Soylent News
I don't think it's masochism. Sometimes I just want to watch a laughably bad movie. I don't know why, I just do. When I was a kid, I used to love those Saturday afternoon kung fu movies on our local independent station. I didn't just go to see Battlefield Earth, I actually paid good money to see it in a theater. Not even as a matinee. To this day, I'll often watch whatever crapbomb is on Syfy on Saturday or Sunday afternoon. If you think Uwe Boll is bad, try watching Atomic Twister sometime.
I dunno, it's just fun to sit there and watch a movie thinking, "Whoa, that's three miles past bad." It's also fun to talk about them with my friends. "Oh yeah? You thought that was bad? Let me tell you what I saw last Saturday!"
By the way, I don't know why you lumped Mortal Kombat with those types of movies. Did it win an Oscar? Hell no, but it was still actually kind of neat and exciting to watch. It actually had some redeeming qualities to it. The fight scene with Subzero was awesome. I thought Linden Ashby's (Johnny Cage) fight with Goro was cool, too. The start of it was hilarious. Anyway, there's a difference between mindless fun action and just plain bad. It was Mortal Kombat. What exactly were you expecting?
That was a pretty good summary of the civil court system. :) But you left out the part that you (the plaintiff) may still will in court on an unjustified lawsuit. A lot of it has to do with how good the lawyers are for both sides. If there is a jury involved, it's all showmanship. Whoever puts on the best show wins.
Plaintiff with a big budget versus defendant who can barely afford to keep his Internet connection, I'd wager on the plaintiff.
The only sure way not to get sued is to not be on record anywhere, and never have contact of any sort with anyone. If no one knows who you are, and no one finds out about you, then you're almost safe. That is becoming harder and harder to do though.
Serious? Seriousness is well above my pay grade.
Illegal? Few people contest that copyright infringement is against the law. But immoral? Morality is subjective. Piracy isn't automatically immoral simply because you say it is, basing your assertion on your beliefs about copyright law. Simply because noncommercial copyright infringement is illegal does not automatically make it wrong, and if you believe otherwise, there is no way to have a rational argument with you.
Before people choose sides in the War on Piracy, they ought to be required to have a basic understanding of copyright law. This lets them have at least a slight grasp on the issue instead of just mindlessly yammering about something they don't understand. And I would personally add that those evil pirates are much harder to demonize when you understand what a clusterfuck modern copyright law is and how it is abused by large corporations.
That Anonymous Coward guy is pretty annoying. Can we have the government censor him or something?
And that is why it is such a problem. Given that they can show up with some pretty shoddy evidence and your only way to defend yourself is to mount a defense more expensive than paying their extortion fee, you more or less have to pay the fee even if you are innocent.
The idea that you can be sued, successfully, for six figures for supposedly downloading a movie on very weak evidence is a problem. More or less there is no reason for them to try and make sure the suits are legit since people are forced to settle or have their lives ruined.
If this was something like a civil traffic ticket, where you are being charged a hundred bucks and you can defend yourself without drastically increasing the amount, I'd be ok with it. You don't need a massive amount of evidence in that case. However here people are being sued for many orders of magnitude over the actual value of the product on weak evidence, and have to settle for thousands, even if they are innocent.
You could literally shoplift the same movie, a crime which causes actual harm, and be given better representation and face far less sanctions if found guilty. A first offense shoplifting charge here for low values of merchandise will get you a fine of $250 plus the value of the merchandise and probation. That is for a crime where actual harm is caused (the store loses the value of the item you stole) not one with just theoretical harm (in a download, they theoretically lost a sale, but in many cases actually did not).
Lower the fine to a level reasonable with the nature of the crime (victimless crimes like speeding or jaywalking) and allow people to defend themselves in a civil court like traffic court and I'm ok with it. Keep lawsuits in the 6 figure range, and I cannot support something on so flimsy an evidence.
The real news (and injustice) in TFA is this:
His production company, Boll KG, exploits a German tax loophole, so even when he films an English-language movie in Canada ... his financiers get a fat write-off from the German government.
So German taxpayers are funding Uwe Boll's movies? Shouldn't we petition Germany to stop that crime against humanity?