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Hurt Locker File-Sharing Subpoenas Begin

In May we discussed news that producers of the film The Hurt Locker filed a lawsuit against 5,000 John Does, known only by their IP addresses at the time, for sharing the movie over peer-to-peer sites. Now, reader suraj.sun notes that subpoenas for the lawsuit are finally going out. "Qwest Communications on Monday notified a customer in Denver that the Internet service provider has received a subpoena from lawyers representing Voltage Pictures, the production company that made The Hurt Locker. ... In legal documents, Voltage Pictures has blamed the movie's relatively poor domestic performance on illegal file sharing. As of March 21, the movie had grossed $16 million domestically, but took in $40 million overall. According to reports, the film's production budget was $15 million. The film leaked to the Web five months before the movie's US debut. ... For allegedly downloading The Hurt Locker, DGW told the Qwest customer from Denver that settling the case early would cost $2,900, according to documents reviewed by CNET."

71 of 376 comments (clear)

  1. Culprit ? by dargaud · · Score: 5, Insightful

    The film leaked to the Web five months before the movie's US debut

    Looking for a culprit ? The guy who decided to sit on the movie for months while the marketing campaign was already on. When people want to see something and it is available, albeit illegally, they will.

    --
    Non-Linux Penguins ?
    1. Re:Culprit ? by L4t3r4lu5 · · Score: 3, Insightful

      Devil's Advocate here, but does that mean they shouldn't be sued for their infringement?

      I paid to see the film at the cinema. I feel ripped off twice over; I paid for something I could have received for free, and the film wasn't all that great anyway. I can't get a refund from the movie company or the cinema, but I can still be peeved at the folks who leaked it. IMHO, by the way, it's the leak who should be sued, not the consumers.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    2. Re:Culprit ? by garcia · · Score: 4, Informative

      The culprit was that the movie sucked plain and simple. I mean it was quite possibly one of the worst movies I have seen in the last 5 years and I just watched Repo Men. The movie was slow, it was repetitive and the only possible redeeming quality it possessed was that it was rah rah US military and how could you possibly hate on the US military right unless you're a terrorist, right?

      In addition to that, there is a recession. I haven't been to a movie in the theater in a long time because I simply do not have the money due to a new baby and a SAHM. Redbox's $1 rentals and Hulu's documentaries have filled the void. Why would I ever spend $20 (for two) to go to see a movie when I can spend $1 instead?

      Enough of blaming file sharing this is plain and simple a shitty and overhyped movie which was better watched from the comfort of your own home for 1/20th the cost.

    3. Re:Culprit ? by Xest · · Score: 4, Insightful

      Saying filesharers caused the lacklustre sales makes no sense either, as other films are breaking records all the time- Avatar, Toy Story 3 etc. broke new records this year but also similarly suffer the piracy problem.

      As you say, there was more to this films poor sales than simply filesharing, see my other post in this thread for one possible reason, your point is also a good reason.

      Really this film had such a poor financial showing because of management mistakes, it's as simple as that. Sure piracy problem does take a chunk out of film profits, but nowhere near enough to cause too many problems else if it did the afformentioned films such as Avatar and Toy Story 3 would never have been able to break the box office records they did compared to previous all time record breakers like Titanic that came around before filesharing movie piracy was even a problem.

      Let's be honest, the executives responsible for the management fuckups behind this films lacklustre profits know full well they fucked up, these lawsuits are just about ass-covering so that these execs can fool some other gullable film maker into running the business end of their production in future. "Oh, yeah, the Hurt Locker, it wasn't abysmal marketing that led to it's poor showing, it was the file sharers. Honest.".

    4. Re:Culprit ? by jdpars · · Score: 5, Insightful

      No, the culprit here is the guy on the production team who leaked it. That's who these people need to go after. This smells of lawyers trying to keep their clients from realizing how totally unnecessary they are. How much will 5000 trials cost the people paying for these lawyers, and how much will that cost the taxpayers? We ought to be in a riot that people are abusing our legal system like this.

    5. Re:Culprit ? by cHiphead · · Score: 3, Insightful

      I'm not military and even I saw the movie as complete bullshit. And I wanted to like it. Just too many little bs things added up to ruin it for me. Hey I'm a bomb tech and I'm gonna walk up and cowboy the shit out of every bomb I come across, not to save some children, but to just act like a badass. Quick, let's go outside our operating zone and SPLIT UP!

      That and the fact that the Nesquik cereal he is looking at near the end of the movie is not distributed in the US anymore. That was the most significant portion of the movie for me.

      --

      This is my sig. There are many like it, but this one is mine.
    6. Re:Culprit ? by L4t3r4lu5 · · Score: 4, Insightful

      Mine doesn't. I show my lack of support by not using any product requiring HDCP.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    7. Re:Culprit ? by mlts · · Score: 3, Informative

      The lawyers are not trying to get 5000 trials. They are trying to do one trial with 5000 defendants. And so far, they just might be successful at this.

    8. Re:Culprit ? by ginbot462 · · Score: 4, Funny

      Devil's Advocate was OK, almost not worth pirating, but certainly not worth buying.

      --
      Atlas Shrugged : Thematic Story :: Battlefield Earth : Organized Religion
    9. Re:Culprit ? by hedwards · · Score: 5, Insightful

      Well, to be fair, they may have a point. As soon as people started watching it, I'm sure that word of mouth started to circulate about the quality of the film. Personally, I haven't seen it, but I take it that it wasn't a very good movie. And in this day and age, a bad movie might only get one day before it's outed on the web for being a bad film. Which makes it very hard to make money if it sucks as people know better pretty quickly, unlike in the past where they might get a couple weeks.

    10. Re:Culprit ? by Mongoose+Disciple · · Score: 2, Interesting

      In addition to that, there is a recession. I haven't been to a movie in the theater in a long time because I simply do not have the money due to a new baby and a SAHM. Redbox's $1 rentals and Hulu's documentaries have filled the void. Why would I ever spend $20 (for two) to go to see a movie when I can spend $1 instead?

      Because it's easier to talk one of the baby's grandparents into babysitting while you take your wife on a "date" than it is if you're going home to watch a Redbox movie? At least, that's my answer.

      I'm crazy about our baby, but once in a while a couple hours together as adults without interruptions or baby care for dinner and a movie is really nice, too.

    11. Re:Culprit ? by Amouth · · Score: 4, Insightful

      Sued for the act of infringeing - yea sure

      Suing for lost, imagined profits? Eh no...

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    12. Re:Culprit ? by Artifakt · · Score: 5, Insightful

      The film owners still have a legal right to sue for infringement, and there's some pretty good arguments for a moral right, BUT ...

      The industry is claiming they need very high statutory damages to make up for the tremendous losses they say 'piracy' produces.
      If those losses are really so high in part because of cases where the industry itself screws up, then the industry doesn't really deserve especially high statutory damages, AND giving those to the industry may encourage their incompetence rather than them reformulating their business models to make 'piracy' less attractive. Metaphorically, the punishment for auto theft should not be made so attractive to the victim that he or she deliberately doesn't lock his or her car in a known bad neighborhood. Running up demand when you are not prepared to meet it, and delaying consumer gratification while the product is hot, are simply bad business models.

      The industry is also claiming they have a special need for taxpayers to foot more of the costs of them filing these lawsuits. If that same industry isn't bothering to do simple things they reasonably can to make those lawsuits unnecessary, then they themselves are the ones manufacturing that special need. That's one reason I qualified the part about moral rights, above - The industry has been claiming that the 'pirates' are solely responsible for creating that special need. If the industry itself is denying its own share of the responsibility, that undercuts their moral position. Going back to the metaphor I used, having your car stolen gives you no moral right to deliberately lie to the judge (and through him, the taxpayers paying the costs of a criminal prosecution) about whether you locked the doors or not.

      --
      Who is John Cabal?
    13. Re:Culprit ? by xtracto · · Score: 4, Interesting

      They wont get 5000 trials... if you read the summary they are offering to settle for $2,900.

      Assuming that 80% of the people choose to "settle" soon... they will have gained $11,600,000 ... assuming EVERYBODY settle, they would have recouped more than the cost of the film.

      So I definitely think this is their new business model.

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    14. Re:Culprit ? by the_fat_kid · · Score: 4, Insightful

      devil this.
      Who ever leaked this only caused "harm" to the box office take by letting people know just how bad this movie sucked.
      That would seem to be the studio's problem with it. They wanted to FOOL people into thinking it was a good movie. Word of mouth sunk the movie first. Try again.
      Save your peeve for the people who palmed off this turd on you.

      --
      -- Sig under construction...
    15. Re:Culprit ? by Rogerborg · · Score: 2, Insightful

      Plus, if it were any good (and it weren't) then those sharers would have become evangelists for seeing it at the theatre.

      FFS, studios actually give free screeners to generate buzz. 3000+ people saw Scott Pilgrim for nothing, said great things about it, and then it totally crashed and burned at the box office anyway before it even had a chance to leak online. So, what, it failed to make money because the screener audience stole all the potential gross, with their filthy thieving eyes?

      Go after filesharers, fine with me, the law's on the books. But trying to blame the failure of your theatrical release on them? Grow up and admit that the FAGs giving out smug awards to each other in Hollywood aren't an indicator of what Joe Popcorn wants to watch, any more than us nerds are.

      --
      If you were blocking sigs, you wouldn't have to read this.
    16. Re:Culprit ? by TheLink · · Score: 5, Insightful

      Yep. The most likely reason the movie didn't do that well was because most people didn't want to watch it. Or they were told not to bother from those who watched it.

      I wonder if those 5000 John Does are actually the total number of those who pirated the movie - which would be a rather embarrassingly small figure :). From what I hear, I wouldn't bother wasting my bandwidth downloading Hurt Locker, and I doubt I'd bother popping down the local pirate shop to get a copy.

      If filmmakers wanted to make more money they should make movies that millions of people will want to watch, and make it easy for them to pay and watch it.

      FWIW, I paid to watch Avatar in the cinema. And it was worth my money, nice graphics and all that. Even my mom paid to watch it with one of her friends and they both liked it too. Surprise surprise, my mom doesn't always like the same movies I like. My dad didn't want to watch it - he said it was too long. IIRC he watched LoTR, and I think that did well by most sane estimates.

      But despite that, somehow LOTR allegedly didn't make enough money for some crooks to pay Peter Jackson his fair share, and apparently Return of the Jedi never made money ( http://entertainment.timesonline.co.uk/tol/arts_and_entertainment/film/article6024677.ece). "Harry Potter and the Order of the Phoenix" lost money too: http://www.techdirt.com/articles/20100708/02510310122.shtml

      So guess who I think are the real thieves and crooks in the movie and music industry? It's not those file sharers.

      Makes you wonder how they stay in business. Perhaps the Government should shut them down and put them out of their misery.

      --
    17. Re:Culprit ? by truthsearch · · Score: 3, Insightful

      If they can show that they caused damages even close to $2,900? Perhaps then.

      I don't see how the damages can be more than the price of a movie ticket per person.

    18. Re:Culprit ? by future+assassin · · Score: 2, Insightful

      >Well, to be fair, they may have a point. As soon as people started watching it, I'm sure that word of mouth started to circulate about the quality of the film.

      Isn't that better for the consumer, they didn't get ripped off by the film company trying to use advertising to make their product look better then it actually was.

      --
      by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
    19. Re:Culprit ? by Supurcell · · Score: 2, Informative

      Yeah. You should really see what some people have said about this movie on the internet. If you ask me, this movie really got what it deserved.

    20. Re:Culprit ? by loafula · · Score: 4, Interesting

      I was Army and when I watched it, I couldn't get past the fact it took place in 2004 and not only was someone playing an Xbox 360 on a 32" LCD TV, they were playing Gears of War (released 2007). That and the fact everybody was wearing the ACUs (Army Combat Uniform-the grey pixelly one) and not the DCUs (Desert Combat Uniform), which were not all that common until 2005. Didn't notice the cereal though!

      --
      FOXTROT UNIFORM CHARLIE KILO
    21. Re:Culprit ? by andymadigan · · Score: 4, Insightful

      The definition of copyright infringement as theft is completely contrived. If I steal your car, take it for a joy ride and return it, have I caused you harm? Yes, you lost the use of your car for some period of time, in addition to gas in the tank and wear and tear on the car. If I go to the library and borrow a book written by you, have I stolen? No, because the law says I haven't. Intellectual property is something created solely through law, it has no basis in nature. This by necessity means that it might be defined too broadly or too narrowly. You can make the argument that these people broke the law and ought to be punished. You cannot validly make the argument that they caused a measurable loss to the IP "owner" since the owner lacked natural right to the IP in the first place.

      Note that I am not advocating the abolition of all IP law. I am simply stating the fact that the law does not define morality.

      By the way, your claim that "making your own currency is stealing" is obviously false. Passing off the currency is fraud, not theft. Same goes for stock. However, sending someone a copy of a movie without making any claim that it is legally licensed for such distribution is not fraud. Making your own U.S. currency would certainly be illegal, but the definition of the crime and the reasoning behind it is nowhere near theft.

      --
      The right to protest the State is more sacred than the State.
    22. Re:Culprit ? by foobsr · · Score: 2, Insightful

      ... Maybe I'm strange among /.ers, since I don't feel any compelling need to buy the latest shiny toys, but I've given the whole "HD" thing a miss for now.

      Same with me.

      ... I really should set up a MythTV or something ...

      So do I, but anticipating the crap that is produced I feel not very compelled.

      CC.

      --
      TaijiQuan (Huang, 5 loosenings)
    23. Re:Culprit ? by MightyMartian · · Score: 2, Informative

      Quite frankly I thought the film was dull anyways. I know it was a huge hit with the critics, but I never saw what all the fuss was about.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    24. Re:Culprit ? by modecx · · Score: 2, Informative

      All that means is that artsy-filmy people liked it, and as everyone knows these types tend to live in a reality distortion field--so their opinion on the qualities of a good movie is quite often disconnected from everyone else's. And let's face it, the whole Academy Award thing basically amounts to a huge, televised circle jerk.

      --
      Constitutional rights may be respected, repealed, or modified; but they must never be ignored.
    25. Re:Culprit ? by Haffner · · Score: 3, Interesting

      There was some movie exec who talked about how the current model is unsustainable, mainly because it involves the film industry repeatedly lying to consumers by saying "This movie is gonna be good!" and having it be crap, and then doing it again and again and again. As a result, he said, people will stop trusting advertising and won't even go to see the good movies before they've been out for a while, which will kill sales. Honestly, I think the best thing for studies to do would be to have smaller budgets on films that don't need huge budgets, and if a film is going to suck, they should advertise it but portray it honestly (not "This movie sucks!" but more "Cheesy romantic comedy with subpar dialogue!").

      --
      "Going to war without the French is like going deer hunting without your accordion." ~General Norman Schwarzkopf
    26. Re:Culprit ? by sixteenbitsamurai · · Score: 3, Informative

      And the DRM makes them a more attractive choice than the Blu-Ray discs or HD cable

      What makes them more attractive is that they don't cost $30 a pop. Having no DRM is a bonus, for sure, but really it comes down to HD movies being a horrible value. Most people outside the slashdot crew don't know what DRM is. Hell, most of them don't even know what a browser is. The bottom line is most people don't want to spend that kind of money on a Blu-ray when you can get two or three DVD's for the same price or just download them for free.

      --
      Yeah, that just happened.
    27. Re:Culprit ? by Score+Whore · · Score: 3, Interesting

      I disagree. The price is an unlimited distribution license of the movie, not a copy of the movie or a trip to the movie. The damages should be about $5,000,000 for that license. Oh wait, an Oscar-winning, critically acclaimed film? $25,000,000. So $2,900 doesn't seem too bad really.

      You know what you should do if you don't like copyright? You should create content and give it away for free and if you're right and copyright is a blight on society and only holds back the advancement of the arts and science, then you'll become very successful in your model. Then you might have a case for advocating for the elimination or major reform of existing copyright law. But as long as the people bitching about copyright are 99.99% non-creators, all anybody hears is "gimme gimme gimme... i want free shit..."

    28. Re:Culprit ? by WitnessForTheOffense · · Score: 2, Insightful

      With torrents, the act of downloading is simultaneous with uploading, and unavoidable. It's the same act. The company is double dipping if they try to hold you accountable for both downloading and uploading, because they're also suing the guy who downloaded from you.

    29. Re:Culprit ? by nabsltd · · Score: 2, Interesting

      But to answer your ignorant rhetorical questions: yes, you can seek punitive damages against someone who causes your harm, in addition to actual damages.

      The difference is that copyright damage awards permitted by the law are not considered "punitive". In other words, they are not intended to be a punishment, but rather a recovery of either actual or reasonable theoretical losses.

      So, using high damages to "punish" file sharers is an incorrect application of the law.

    30. Re:Culprit ? by orgelspieler · · Score: 3, Insightful

      You know what you should do if you don't like copyright? You should create content and give it away for free and if you're right and copyright is a blight on society and only holds back the advancement of the arts and science, then you'll become very successful in your model. Then you might have a case for advocating for the elimination or major reform of existing copyright law. But as long as the people bitching about copyright are 99.99% non-creators, all anybody hears is "gimme gimme gimme... i want free shit..."

      We're all "content creators" now. You just created content. I just "consumed" it for free. So your argument that 99.99% of the complainers are non-contributors is not quite viable. By making a complaint on a blog or the like, they are actually creating content.

      I'll go one further: I am an engineer who happens to compose music on the side. I give my music away for free to anybody who wants to perform it. I don't make a dime off of it, yet I still make about one piece a year. I also have quite a few pictures on flickr that are CC-BY-SA. These photos have been used on several blogs, including some big professional ones. I have no beef with that. I've even had people offer to pay me a nominal fee for the use even though they don't have to. You'll find several e-book authors who give away their stuff, too. Granted it's mostly crap (no doubt my music and photos are as well), but so is most of the stuff we pay for.

    31. Re:Culprit ? by unr3a1 · · Score: 2, Insightful

      I 100% agree with you, but unfortunately Component is going away come Dec 31st. http://hardware.slashdot.org/story/10/02/19/1936209/2010-mdash-the-Year-AACS-and-HDMI-Kill-Off-HD-Component-Video

    32. Re:Culprit ? by uniquename72 · · Score: 3, Interesting

      I happily obey a copyright term of 7 years in order to reward innovation, creativity, and production of things I enjoy. Anything older than that is fair game.

    33. Re:Culprit ? by mcgrew · · Score: 2, Interesting

      Sure piracy problem does take a chunk out of film profits

      I don't know of any studies about movie piracy, but studies I've read about concerning music piracy that weren't paid for by the major music labels show that music pirates spend more money on music than non-pirates.

      With books, it takes 2-3 weeks after a book hits the shelves for copies to show up on the internet. One publisher commissioned a study to see how badly the piracy impacted sales, and was astounded to find that after the initial sales spike when it went on sale, there was a second sales spike when the book hit the internet.

      From what I've seen, piracy only affects sales in a positive way. That's why Cory Doctorow posts his books on his website for free download.

      There's a dangerous group of anti-copyright activists out there who pose a clear and present danger to the future of authors and publishing. They have no respect for property or laws. What's more, they're powerful and organized, and have the ears of lawmakers and the press.

      I'm speaking, of course, of the legal departments at ebook publishers.

      These people don't believe in copyright law. Copyright law says that when you buy a book, you own it. You can give it away, you can lend it, you can pass it on to your descendants or donate it to the local homeless shelter. Owning books has been around for longer than publishing books has. Copyright law has always recognized your right to own your books. When copyright laws are made -- by elected officials, acting for the public good -- they always safeguard this right.

      But ebook publishers don't respect copyright law, and they don't believe in your right to own property. Instead, they say that when you "buy" an ebook, you're really only licensing that book, and that copyright law is superseded by the thousands of farcical, abusive words in the license agreement you click through on the way to sealing the deal. (Of course, the button on their website says, "Buy this book" and they talk about "Ebook sales" at conferences -- no one says, "License this book for your Kindle" or "Total licenses of ebooks are up from 0.00001% of all publishing to 0.0001% of all publishing, a 100-fold increase!")

      I say to hell with them. You bought it, you own it. I believe in copyright law's guarantee of ownership in your books.

      So you own this ebook. The license agreement (see below), is from Creative Commons and it gives you even more rights than you get to a regular book. Every word of it is a gift, not a confiscation. Enjoy.

      What do I want from you in return? Read the book. Tell your friends. Review it on Amazon or at your local bookseller. Bring it to your bookclub. Assign it to your students (older students, please -- that sex scene is a scorcher) (now I've got your attention, don't I?). As Woody Guthrie wrote:

      "This song is Copyrighted in U.S., under Seal of Copyright #154085, for a period of 28 years, and anybody caught singin' it without our permission, will be mighty good friends of ourn, cause we don't give a dern. Publish it. Write it. Sing it. Swing to it. Yodel it. We wrote it, that's all we wanted to do."

      Oh yeah. Also: if you like it, buy it or donate a copy to a worthy, cash-strapped institution.

      Why am I doing this? Because my problem isn't piracy, it's obscurity (thanks, @timoreilly for this awesome aphorism). Because free ebooks sell print books. Because I copied my ass off when I was 17 and grew up to spend practically every discretionary cent I have on books when I became an adult. Because I can't stop you from sharing it (zeroes and ones aren't ever going to get harder to copy); and because readers have shared the books they loved forever; so I might as well enlist you to the cause.

      I have always dreamt of writing sf novels, since I was six years old. Now I do it. It is a goddamned dream come true, like growing up to be a cowboy or an astronaut, except that you don't get oppressed by ranchers or

    34. Re:Culprit ? by kurokame · · Score: 2, Interesting

      For that matter, the definition of bittorrent use as copyright infringement is a little contrived itself. Are you making a copy, or receiving one after consenting to have one be made? And is it really a copy at all? If I duplicate the data from the completed download on my own hard drive 100 times...how many copies do I really have? And why is it substantially different from loaning a DVD to your buddy, or showing it while you're throwing a party?

      The ethics are a bit ambiguous because we're a bit new to the potential scenarios enabled by modern technology. The law is likewise ambiguous (except where lobbying over the last ten years or so has changed it). The big IP owners (mostly not creators) have been taking advantage of this to set ethics through propaganda and to set law through lobbying and one-sided big corp vs. individual legal maneuvers. Well, I'm all for the right of someone who worked hard on a creative work to make a living off of it. But I only see one side here which is clearly behaving unethically. Downloading content you could have paid for is at least a bit grey...downloading content you couldn't have, probably less so, especially if you make a habit of purchasing your favorites once you have the opportunity. (This additionally makes the policy of rewarding good content and abstaining from rewarding the mediocre tripe which makes up the bulk of today's market...)

      Likewise, the only clear lawbreaking going on is in the sense that one side is exploiting it for things it was never intended to be used for. C'mon, mass lawsuits against more-or-less defenseless individuals whose only choice is how much of a mess you're going to make of their life and finances and for how long? That's really supposed to be within the scope of the law? Really? I grok the whole anti-download thing, even if I don't think it's practically going to work that way in the end. Models are going to have to change. You have to adapt when the fundamental situation has changed or you will eventually have to face the consequences. But it's really, really hard to empathize with people complaining about individuals doing something questionably ethical when the accuser is doing something wildly unethical, immoral, and abusive of the very legal system which they're using to prop up their extortionist policy.

  2. Extortion by theskunkmonkey · · Score: 4, Insightful

    When are they going to make extortion illegal?

    Oh wait...

    1. Re:Extortion by Haedrian · · Score: 3, Insightful

      When it stops being so profitable.

    2. Re:Extortion by Haedrian · · Score: 2, Informative

      Seriously, if someone proposed "Lets update our copyright/piracy laws so that skimping out on a less than 10 dollar cinema ticket isn't worth a few thousand in lawsuit" the law would die in congress so quickly that you'd smell the rot from Europe. Probably the media will go on a "Would you like your property to be protected? The GOVERNMENT wants to take that away from us" smear campaign, and the backfire would be negligable.

  3. Maths ? by daveime · · Score: 4, Insightful

    So they want 5000 filesharers to pay the ENTIRE production cost of the movie (5000 * 3000) = 15m, then the 40m is clear profit ?

    So, you payda money and maybya dont fall down da stairs ? Bunch of corrupt bastards. Sorry, bunch of government santioned bastards.

    1. Re:Maths ? by Joce640k · · Score: 5, Insightful

      This will be the new Hollywood business model.

      a) Make movie
      b) Hype it
      c) Release it on P2P
      d) Wait six moths, release in theaters
      e) When it bombs, sue 10,000 John Does because you know they can't afford to defend themselves.
      f) Profit!

      Anybody see a flaw?

      --
      No sig today...
    2. Re:Maths ? by The+Moof · · Score: 3, Informative

      then the 40m is clear profit?

      You're neglecting Hollywood accounting when you think about this. On paper, I'm sure this movie lost the studio billions somehow.

    3. Re:Maths ? by Haedrian · · Score: 3, Insightful

      Its a very viable plan, the only thing you lose is some public respect.

      But as the past has shown, the 'general public' is a bunch of morons who don't mind if you put rootkits in their cds or bankrupt college students for a few songs.

    4. Re:Maths ? by Miseph · · Score: 2, Insightful

      More importantly, you can just keep making up new company names forever with little or no repercussion. Who the hell are voltage Pictures? I've never heard of them before, and I suspect I'll never hear of them again. The next project funded by the same people could be released by Amperage Pictures instead, and nobody would be the wiser.

      --
      Try not to take me more seriously than I take myself.
  4. Great by rshxd · · Score: 5, Interesting

    My Tor exit node is probably going to get DMCA takedown requests. I got one for "CSI: Miami Season 4" and CERT Malaysia said I was launching an attack against XXX.XXX.XXX but won't provide me an IP address or range to block. Silly DMCA folks!!!!

  5. Marketing fail. by Xest · · Score: 4, Insightful

    First I heard of this film was when it won it's Oscars, by which point it'd been out 6 - 9 months, and seeing as most cinemas drop films after a couple of months then there's no wonder it got poor showing.

    Perhaps if people actually knew the film existed, it'd have done better at the box office. Not advertising the existence of a film whatsoever then wondering why the hell no one went to watch it, despite it being popular post-Oscars is the real reason this film did so miserably financially.

    Blaming file sharers wont fix a marketing mistake, and by the time they've gone through the courts, dealt with the claims they're entirely unable to prove, it'll probably have cost them far more in man hours than they can expect to earn back through strong arming people with settlement threats.

  6. I like the part where by kick6 · · Score: 2, Interesting

    They assume that the movie would have been a much bigger success were it not for file sharing. Maybe the movie didn't succeed because it sucked. I certainly didn't go see it because nobody I know that did recommended it. It would appear that the new business plan is 1. make a shit movie cheaply 2. leak the film while sitting on it for no reason 3. blame filesharing for the fact that no one liked your shit movie 4. sue file sharers for what you think you should have made 5. profit!

    1. Re:I like the part where by Java+Pimp · · Score: 2, Insightful

      Maybe the movie didn't succeed because it sucked.

      Actually, illegal file sharing had a huge part in the movie not making any money. People could see just how bad it sucked for free before shelling out the cash to see it suck in a theater.

      --
      Ascalante: Your bride is over 3,000 years old.
      Kull: She told me she was 19!
  7. Ugh. by Pojut · · Score: 3, Insightful

    Look...I understand that piracy is wrong, and if something can be legally obtained it should be.

    That being said, this is freakin' insane. All 5,000 Does rolled up into one case? A case filed in Washington, DC...where almost none (if any) of the Does live? Fining these people so much money that the entire movie's budget is literally payed for by SUING people?

    If this isn't abusing the justice system, I don't know what is.

    1. Re:Ugh. by Kjella · · Score: 3, Interesting

      Well hopefully it will get broken up into separate actions. I mean, the alleged wrongdoing and the alleged proof may be similar, but the defenses will vary wildly from plain denial to family, tenants, guests, open wifi, trojans and so on. I don't see how one judge could possibly make the decision they're all guilty or not guilty, and so it doesn't fit as a class action the way I think of it. But I imagine for most it's about the fear and collecting settlements, if everyone simply said no and asked for their day in court this would stop. Even if you just showed up yourself and gave your layman "I have no idea what they're talking about" defense. If you just keep the spending at an absolute minimum and assume you'll lose, I doubt you'll be out more than $2500 anyway. The statutory minimum is $750, and if you don't piss off the judge or jury you'll likely to get that.

      --
      Live today, because you never know what tomorrow brings
    2. Re:Ugh. by betterunixthanunix · · Score: 3, Insightful

      Look...I understand that piracy is wrong, and if something can be legally obtained it should be.

      Basing a moral argument on what the law says is probably not the best strategy, especially considering that the relevant law in this case constantly changes (usually to subvert the interests of commoners and to favor the interests of corporations).

      --
      Palm trees and 8
  8. I would like to perform poorly by pspahn · · Score: 3, Insightful

    Voltage Pictures has blamed the movie's relatively poor domestic performance on illegal file sharing.

    ...took in $40 million overall. According to reports, the film's production budget was $15 million.

    They made $25 million and are blaming file sharing because it performed poorly? I think that possibly their standards are a bit skewed because they have been gluttonous bastards for so long. In the REAL WORLD, if a product's return is more than twice what it cost them, I'd say they are doing pretty good.

    --
    Someone flopped a steamer in the gene pool.
    1. Re:I would like to perform poorly by rotide · · Score: 2, Funny

      No, that's not how it works. If you're awesome enough to make something copyrightable, you must be paid millions upon millions in perpetuity. It's only fair. So what if it only cost you $5.29 to make. You deserve $250,000,000,000,000 for it and if you don't get it, there must be rampant piracy and the witch hunt is on!

    2. Re:I would like to perform poorly by dhermann · · Score: 2, Informative

      In the REAL WORLD, if a product's return is more than twice what it cost them, I'd say they are doing pretty good.

      You would be wrong. It is remarkably poor performance for a film that won the Best Picture, regardless of its production value.

      • 2008 Slumdog Millionaire FoxS $141,319,928
      • 2007 No Country for Old Men Mira. $74,283,625
      • 2006 The Departed WB $132,384,315
      • 2005 Crash Lions $54,580,300
      • 2004 Million Dollar Baby WB $100,492,203
      • 2003 The Lord of the Rings: The Return of the King NL $377,027,325
      • 2002 Chicago Mira. $170,687,518
      • 2001 A Beautiful Mind Uni. $170,742,341
      • 2000 Gladiator DW $187,705,427
      • 1999 American Beauty DW $130,096,601
      • 1998 Shakespeare in Love Mira. $100,317,794
      • 1997 Titanic Par. $600,788,188
      • 1996 The English Patient Mira. $78,676,425
      • 1995 Braveheart Par. $75,609,945
      • 1994 Forrest Gump Par. $329,694,499
      • 1993 Schindler's List Uni. $96,065,768
      • 1992 Unforgiven WB $101,157,447
      • 1991 The Silence of the Lambs Orion $130,742,922
      • 1990 Dances with Wolves Orion $184,208,848
      • 1989 Driving Miss Daisy WB $106,593,296
      • 1988 Rain Man MGM $172,825,435
      • 1987 The Last Emperor Col. $43,984,230
      • 1986 Platoon Orion $138,530,565
      • 1985 Out of Africa Uni. $87,071,205
      • 1984 Amadeus Orion $51,564,280
      • 1983 Terms of Endearment Par. $108,423,489
      • 1982 Gandhi Col. $52,767,889
      • 1981 Chariots of Fire Col. $58,972,904
      • 1980 Ordinary People Par. $54,766,923
      • 1979 Kramer Vs. Kramer Col. $106,260,000
      • 1978 The Deer Hunter Uni. $48,979,328
  9. Re:$25 million by Jarkov · · Score: 2, Insightful

    Yeah, this is like a warning to independent film-makers everywhere: WATCH OUT or else YOU TOO could have your movie leaked to the web and still only make more than double your production budget back in sales worldwide!

  10. Occam's Razor says... by Angst+Badger · · Score: 2, Insightful

    ...maybe the film didn't do all that well because not that many people were interested in it. I know I had absolutely no interest in watching it.

    --
    Proud member of the Weirdo-American community.
  11. Avatar by Joce640k · · Score: 5, Insightful

    The Avatar DVD is currently #51 in the Amazon sales charts despite being released in April. I bet it was way more pirated than The Hurt Locker will ever be.

    #6 in the Amazon sales charts is a movie made in the 1960s that has been available for piracy for many years.

    Occam's Razor: The movie isn't as good as they think it is.

    --
    No sig today...
    1. Re:Avatar by rotide · · Score: 3, Insightful

      I _highly_ doubt they don't realize the truth. Suing everyone and basically having your own "war on piracy" probably provides far better revenue and/or chances to grab power than just sitting there collecting sales revenue. People aren't stopping buying their movies (well, I have, but I'm sure I'm in a minority) but they sure as hell stand to make _thousands_ of dollars off each person they can pin down on a piracy charge. "Oh we see you were probably never going to buy our movie, well, you owe us $2k+ now, thanks for "purchasing" our non-DRM version of [movie]!"

  12. Re:Barely heard of it... by Jaysyn · · Score: 5, Interesting

    The Hurt Locker was an amazingly good movie.
    Intense, interesting.

    Well, this vet says it's crap.

    http://www.newsweek.com/2010/02/23/when-cin-ma-v-rit-isn-t.html

    I'll go with the vet.

    --
    There is a war going on for your mind.
  13. Seems to me, they're spending too much! by King_TJ · · Score: 4, Insightful

    Regardless of whether or not someone leaked out a copy of the movie months before its release, the *real* problem seems to be that they're spending WAY too much to make a movie, and then complaining when their return on investment isn't what they hoped for!

    The average motion picture is roughly 2 hours long, right? (Often shorter, and sometimes a few minutes longer, but let's just say 2 hours for the sake of picking a number.) That appears to be about $125,000 per MINUTE they spent to make it, given a $15 million budget!

    I haven't even watched Hurt Locker yet, but as I understand it, it's a contemporary movie about the war we're STILL fighting right now! It's definitely not a film that required a lot of painstaking effort to accurately re-create events of the distant past. All the costuming, props, etc. should have been readily available. So WHY can't this type of story be told for FAR less money?

    Personally, if I was producing a movie in Hollywood today, I'd pass on any of the "big name" actors and actresses that demand huge salaries, and concentrate instead on having a really good script. Then I'd find some talented but under-appreciated/utilized actors/actresses and see what I could do with them instead. In the last 5 years or so, I've seen much more "in depth" and interesting stories coming out of foreign films with exponentially lower production budgets than the garbage we keep cranking out here in the USA. It's time for Hollywood to rethink how they do business ... not to blame file-sharers for their problems and try to continue the status-quo!

    1. Re:Seems to me, they're spending too much! by DreadPiratePizz · · Score: 2, Informative

      You still need to pay people, and rent equipment. Making a professionally done film requires both proper gear, and crew, both of which you have to pay for!

      You need to pay for:
      The camera package.
      Lighting package.
      Grip package.
      Costumes and makeup.
      Props.
      Crew which consists of grips, gaffers, the DP, an AD, and the director at LEAST. Often times you need hair and makeup, as well as stunt and visual effect co-ordinators.
      You need to pay the producers, the editor and assistant editor, the sound editor, as well as whoever writes the score.
      Filming permits and possibly travel arrangements for your crew.
      Making a professional looking film is just not cheap to do. While it's possible to make a good film with just your DV camcorder and your spare time, if you want it to look good you have to spend some money. As for your point on props and costumes, you still have to buy and fit these costumes to your actors!

  14. Re:I bought the DVD, then shared it by plumby · · Score: 2, Insightful

    Avatar was 10 times better? Hurt Locker must have been truly awful then.

  15. Re:Barely heard of it... by cHiphead · · Score: 4, Insightful

    No, it fucking wasn't. And I watch a LOT of movies. A LOT. Especially crappy movies. And it was definitely in the nonsense bullshit category. Black Hawk Down was a good military movie. The Hurt Locker was ruined by DUMB fucking plot line twists. And I mean REALLY REALLY FUCKING DUMB.

    Men Who Stare At Goats was more accurate portrayal of military life than Hurt Locker.

    --

    This is my sig. There are many like it, but this one is mine.
  16. Worst Part by O('_')O_Bush · · Score: 2, Insightful

    The worst part, in my opinion, is that this isn't even a good movie to pirate. I mean, it was okay to watch on Netflix, but there's no excuse for pirating such a mediocre film. Yea, it won an Oscar, but it was basically just a re-packaged Jarhead.

    If this had been over Inception or another really great film, I could understand better. This? Please.

    --
    while(1) attack(People.Sandy);
    1. Re:Worst Part by Anonymous Coward · · Score: 5, Funny

      The worst part, in my opinion, is that this isn't even a good movie to pirate. I mean, it was okay to watch on Netflix, but there's no excuse for pirating such a mediocre film. Yea, it won an Oscar, but it was basically just Minesweeper: The Movie.

      If this had been over Inception or another really great film, I could understand better. This? Please.

      FTFM.

    2. Re:Worst Part by xtracto · · Score: 2, Interesting

      The worst part, in my opinion, is that this isn't even a good movie to pirate. I mean, it was okay to watch on Netflix, but there's no excuse for pirating such a mediocre film. Yea, it won an Oscar, but it was basically just Minesweeper: The Movie.

      If this had been over Inception or another really great film, I could understand better. This? Please.

      FTFM.

      Mhmmm... I saw that trailer.

      Unfortunately as it is now common, after watching the Hurt Locker I realized the only good scenes were the ones in the trailer...

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
  17. Re:Barely heard of it... by Colonel+Korn · · Score: 2, Insightful

    The Hurt Locker was an amazingly good movie.
    Intense, interesting.

    I found the characters to be contrived caricatures. The film almost seemed like a parody of itself, filled with the kind of overly stylized, cliched, and rather shallow scenes South Park would show to make fun of an overblown director.

    **/****

    --
    "I zero-index my hamsters" - Willtor (147206)
  18. The real reason ... by tgd · · Score: 3, Funny

    Academy masturbation aside "zomg, a WOMAN made a WAR movie about IRAQ!!!", the real reason it had a poor box office showing was that the movie, frankly, sucked.

    The people who downloaded it were the lucky ones.

  19. What do you expect... by pongo000 · · Score: 2, Insightful

    ...from a movie that only opened in "art houses"? At least where I live (largish metropolitan area), the movie opened in *two* indie theaters. I don't exactly know how this works, whether the movie producers steer their movie towards indie or mainstream theaters, or if the theaters can pick and choose the movies they show. At any rate, it's no big surprise that a movie that opened in a city of 2 million+ in only two movie theaters would have been short-lived, over-hyped (as these types of movies often are), and revenue-deficient.

  20. Interesting by Steauengeglase · · Score: 2, Interesting

    This seems like the most equitable form of extortion I've ever seen come out of the entertainment industry, so at least I'll have to give the producers credit for not being complete pie-in-the-sky assholes ("We lost potential billions for the rest of time!")

    I'd love to see this the other way around. Before a film begins shooting, I pay them $2, just me Joe-Blow consumer. I can pick whatever project I want to give cash to, though I have no input on the content. In exchange for the $2, I get a license. I can copy and past the movie wherever I want to after it goes through the initial theatrical release. I also get to keep the license for an indefinite period, as it is MY license for a movie I invested in with my money (the average consumer isn't going to throw it out on to torrents, because dammit, they already own a copy). If done right, you could create an environment where movies are pure profit.

  21. Regret by whisper_jeff · · Score: 2, Insightful

    I bought the movie when it came out on DVD because I'd wanted to see it in theatres but missed it and heard it was worth the money.

    I really enjoyed the movie and was happy to see it earn some Oscar recognition.

    Now that they are backing this sort of action against people, I regret giving them any of my money. I will no longer recommend this movie. I regret supporting this movie if they are so willing to participate in a legal action that I find offensive. The copyright laws, as they exist, were designed to combat _commercial_ piracy and that's a battle I support. Suing individuals for the same monetary damages that are designed to discourage commercial infringement is abusive.

    Fuck them.

  22. Sounds like they were just lazy by Sycraft-fu · · Score: 2, Insightful

    They were going for a "gritty, realistic," movie but couldn't be bothered to do the actual work to make it so. Well that might wow critics, it would seem the movie was loved by the critical press, but it is going to fall flat for people who are actually in to that sort of thing. You can have an action packed, special effects thriller type that has little to no connection with reality and it'll do fine. People go to watch those for the spectacle, not for reality. However if you make a movie that is slowly paced and is supposed to connect with people because it feels so real... well then you'd better get the fucking details right. You'd better spend the time to make sure it does indeed feel real, and not half ass it.