Wikileaks Reveals BitTorrent Lawsuit Background

daria42 writes "A US diplomatic cable published by Wikileaks has revealed much of the previously hidden background behind the BitTorrent court case currently playing out in Australia's High Court, including the Motion Picture Association of America's prime mover role and US Embassy fears the trial could become portrayed as 'giant American bullies versus little Aussie battlers.'' Oops. Looks like there's a little bit of egg on the movie studios' faces!"

Comments

And what?

[chuckymonkey]

Good, nice to see stuff like this. Although to be honest I don't really see anything changing. Really, what are the proles going to do? Protest? I'm sure the MAFIAA is oh so terrified of the protesters who after a day or so will get tired, go home, and watch a movie and listen to some music.

Re:And what?

[Xest]

To be fair I think it's more subtle than that. Each time people see something like this they feel ever less guilty about, and ever less desensitized to piracy.

Each time the MPAA does something like this, they push people further and further away from legitimate services.

I for one don't see why anyone should see the slightest guilt in downloading MPAA movies, frankly paying money to buy their product to support their existence seems more morally bankrupt than downloading, or ideally just simply not watching their content at all nowadays.

Really, all wars in whatever context rely on either winning the hearts and minds of the people, or brutally supressing them. The MPAA in it's war on piracy is attempting the latter, yet even the latter only works as a temporary stop gap, the former is the only permanent solution, yet that's a battle they've already long lost.

Re:And what?

[grub]

Each time people see something like this they feel ever less guilty about, and ever less desensitized to piracy.

I think you nailed it.

Re:And what?

[tpgp]

I'm sure the MAFIAA is oh so terrified of the protesters who after a day or so will get tired, go home, and watch a movie and listen to some music.

You know, what? I reckon the people behind AFACT are truly terrified of people getting tired, going home, and watching a movie and listening to some music that they've downloaded from a non AFACT site.

Re:And what?

[Lumpy]

My favorite is the argument that downloading TV shows is stealing.
I pay for cableTV so I get all those channels. how the hell is it illegal for me to download a TV Show that aired on a TV channel I PAY FOR to watch it later? I'm just using the internet as a TiVo... which is 100% legal.

And how about all TV shows that are broadcast over public airwaves? Those are free to record.

So I gladly continue to download TV shows. and tell the MPAA,RIAA,WMAA, NCAA and WNBA to stuff it up their rectums.

Re:And what?

[grub]

Yeah, I didn't catch that but parsed it ;)

Re:And what?

[Xest]

"If you dont like the laws, change how you vote."

But this is equally a rediculous argument. When parties are too focussed on corporate interests at the expense of the voterbase, through, as we've seen recently in the UK, the likes of entire political parties running shit scared of the likes of Murdoch, then what use is voting when it comes to such things? On such issues most Western countries simply can't be classified as democracies as democratic principles are ignored when legislation is made surrounding things like saner copyright laws.

"But dont try to push some "I can do whatever I want and then act outraged when the courts disagree" nonsense, part of being an adult is that you put childish ideas behind you.."

Except many adults would disagree with you, and in fact, so would history.

Pirate radio in the UK in the 60s and 70s was instrumental in creating the UK's thriving private and public sector radio broadcaster market today. At the time law meant that radio was limited to literally only a select few stations, but because pirate radio persisted, government finally, over 20 - 30 years eventually realised that the only way to solve the problem was to give consumers what they want, not to fight them, because it's a fight that government and other vested interests cannot win.

The ideas you see as childish are the types of ideas that have kept democracy thriving. Bowing down blindly to government and putting faith indefinitely in a corruptible political system is naive at best.

Re:And what?

[RearNakedChoke]

I pay for cableTV so I get all those channels. how the hell is it illegal for me to download a TV Show that aired on a TV channel I PAY FOR to watch it later?

Because the laws of the land, in combination with the terms you agreed to with your cable and internet service, say so.

Its like people think they arent responsible for the laws of their land or for the agreements they sign. If you dont like the terms, dont sign the agreement (regarding software licensing, DRM, etc). If you dont like the laws, change how you vote. But dont try to push some "I can do whatever I want and then act outraged when the courts disagree" nonsense, part of being an adult is that you put childish ideas behind you..

There's many times where you SHOULD say fuck the law. It was the LAW that made slavery legal. And it was "illegal", "lawbreaking" slaves that dared escape from their masters. And it took a damn war to make change, not stupid letters to their congressman. And It was the fucking LAW that made Rosa Parks a criminal. It wasn't the fucking voting booth that made change. It was people breaking stupid ass laws and going to jail that did it. And don't try to argue that slavery is different than corrupt copyright law. Of course it is dumbass. The point isn't the level of injustice, but rather that injustice is sometimes best overcome via civil disobedience.

Re:And what?

[Cut]

Let me ask you, what do you think the purpose of DRM is? Go up to a dozen people on the street and ask them the same thing. Nearly all of them will tell you DRM is to prevent media theft.

Actually, nearly all of them will tell you they have no idea what DRM is, much less what it's intended to do. I personally think that's a bigger problem, but it's also reality.

Re:And what?

[jaxtherat]

That is a little harsh. As an indie film maker I probably fall under the "assorted bungholes" label you freely dish out. I however also hold down an "honest" (according to your world view) job; I work as a sysad for an environmental consultancy.

I can tell you from personal experience that film making is craploads harder than any IT work I have ever done, and I have had some doozies in the past. It is also fun and extremely rewarding.

Re:Oh gee

[azalin]

But these studios are the victims here. Not the bullies.
Poor, wretched victims... Where is the MPAA relief fund when they are in such dire need.
*Glues plastic tear under left eye*

Re:Just go away Wikileaks

[elrous0]

Is that the OFFICIAL response from the MPAA, or are you just speaking for yourself?

The Truth

[Sponge Bath]

US Embassy fears the trial could become portrayed as 'giant American bullies versus little Aussie battlers'.

So they are worried about the truth getting out. That is a warning flag that you are on the wrong side of an argument.

Re:The Truth

[Baloroth]

Fear of being "portrayed" as giants bullies is a far different thing than actually being giant bullies. Now while I think the MPAA are giant extortionist bullies, but this cable is less fear of leaking the truth and more simple image management. And the Embassy doesn't really have anything to do with the case, it looks more like they were briefed simply because it's an international case, and what they fear is America looking bad. It's not like the US Embassy is trying to defend their own actions.

The cable doesn't actually seem to contain anything scandalous, it just comfirms that the MPAA is the primary motivator behind the case. IANAL but that doesn't seem like either a surprise or a problem (legally speaking. Of course the MPAA are a bunch of scummy bastards who should be banned from legal filings pretty much period.)

Dinosaurs

[Severus Snape]

The most worrying part of the cable is they admit one of the main reasons behind the higher rate of piracy in Australia is due to wait for content to broadcast in Australia and in some cases TV series and such never been released on DVD at all. They accept this, why the hell don't they tackle the real problem then instead of sueing everybody into oblivion just because their business model fails?

Re:Dinosaurs

[am 2k]

Those aren't the same people. It looks to me like the diplomats of the US embassy are more on the intelligent side compared to the MPAA decision makers.

Re:Dinosaurs

[JustAnotherIdiot]

Because that would
A. Require they admit fault on their part and
B. Require they do some sort of action other than a lawsuit.

Re:Dinosaurs

[Anonymous Coward]

Because the MPAA, being a shield organization, can't really change that. Its members have to come to the same realization, but they're paying the MPAA dues to keep from having to confront reality.

MPAA is paid to shield the movie studios from the reality that their business model is broken. When these things "hit the fan" so to speak, the MPAA takes the flak and the movie studios hype their next release. How many people gripe that Sony, Universal, or Disney do these things? None. They blame the MPAA. Thus the real culprits never face the wrath they deserve. And because of that, they never learn the lessons they need to learn.

Re:Dinosaurs

[fuzzyfuzzyfungus]

Under the(now broken) assumption that "not selling" means "the consumers just have to suck it up and wait", it can be a useful price discrimination tactic. If one market is willing to pay more, you release there first(so that if there is any uncontrolled intra-market flow, remember kids, free trade is only for corporations, not for you!, it is more expensive copies flowing to rabid fanboys in lower-price countries, rather than low-price-but-legitimate copies being imported into higher priced regions). NTSC/PAL differences and DVD region coding are also directed at stopping that; but those are mostly a dead letter at this point.

There are likely also delays that stem simply from the transaction costs and delays involved in the hellish morass that is international licensing contracts; but those aren't really the product of intention, just inertia.

Commonwealth countries are, presumably, hit particularly hard by this sort of thing because they are more likely to get english-language releases, which would be generally quite acceptable to customers in the US and UK, which are prime early-release markets. Markets with less common languages may see a delay for dubbing; but it is less likely that studios would be worried about those being imported, except by relatively small expat populations.

Re:Dinosaurs

[RogerWilco]

Yeah. I don't live in Australia, but in Europe. But the problem is the same: A lot of media content is not released globally (not just MPAA, also Japan, India, China) but with the Internet the borders between countries no longer exist.

If I could buy what I want and play it on any device I own, then I would.

Movie Studios Don't Care

[organgtool]

Oops. Looks like there's a little bit of egg on the movie studios' faces!

There's no egg on any movie studios' faces. The MPAA is used as the tool to deflect hatred away from the groups it represents. If consumers directed their anger squarely at Sony, Universal, et al, then those people would likely consume fewer of their products. But since it's the MPAA we hate, we don't think anything of buying the products of the companies they represent.

In addition to that, the cables state that the US Embassy is the one who fears the image of the United States. The MPAA doesn't care because they're used to be hated - that's become their primary purpose.

MPAA and bad PR

[cain]

.'' Oops. Looks like there's a little bit of egg on the movie studios' faces!"

The movie studios do not care that the MPAA looks like goons and everyone hates them. That's what the MPAA was created to do and that's why the studio keep them funded: they take all the bad PR on behalf of the studios. They are a front to take the bad PR.

I will get moded into oblivion....

[FlyingGuy]

But the simple answer is, stop pirating content and they will stop taking you to court.

Regardless of peoples "I want it therefor since they are not providing it I will find a way to get it without their consent and give it away to all my friends" actions and attitudes the content is the property of the creators and it is their right to distribute it in the manner and time of their choosing and no one elses.

Re:I will get moded into oblivion....

[Anonymous Coward]

Is that like:

"don't let anyone know you're homosexual, if you don't want to be persecuted for it"

"don't dress like a slut if you don't want to be raped"

"don't make a fuss if you don't want to be hammered down" ?

Yup, I can totally see your point..... If I disagree with your actions than have no proven effect on me, and you have every natural right to be doing (which we do in this case, even if it's not legal, it is bloody moral) I should hit you as hard as I bloody well can.....

 

Re:I will get moded into oblivion....

[hercubus]

... the content is the property of the creators and it is their right to distribute it in the manner and time of their choosing and no one elses.

Unfortunately it is more complicated than that. There is a cartel that controls distribution for movies. The cartel takes the largest share of any revenues. Giving money to the cartel perpetuates the cartel.

My personal take is that I am loathe to give money to the cartel. Sony, for example, stands between me and the people who really made the movie. I can't give the actual creators any money, as much as I appreciate their work, I can only give Sony money and then some insignificant sliver of that goes to the creative types who are really just Sony employees. Should I care that Sony pretends to be the creator and pretends to be hurt by my actions? I don't care about Sony's rights, I'm appalled anyone would think Sony has any rights.

Note that I consider first-runs in theaters to be fair game. They can charge what they want, keep it in the theaters for as long as they want, etcetera. Movie sales as it is currently situated is what I find so appalling. If I pay for a disc I should own it. Even better, I should pay for a file download and own that, as we now have for music.

Contrast the current movie situation with books. If a book is new and I want it, I pay for it. I do this because I appreciate an author's work and my money pays them for that work and encourages them to do more. A fair percentage of what I give Amazon will really get to the author, so I feel like my actions matter in this case. I'm also fairly persuaded that money for music is more fairly distributed and the "product" is now no longer crippled with DRM. I'd be thrilled if they ever did that for books, it's really the only sticky point for giving money to Amazon.

If the movie cartel would pretend to care about the current social contract and renegotiate it with me and every other consumer, I'd play along. What's a fair price to own a movie? Let's find out. Let's have a market and see what happens. And if I knew there was percentage of my money going to writers, directors, perhaps even actors, I'd be more willing to part with cash. If I owned the "product" I was paying for I'd be happier. What the cartel is actually doing is what cartels always do: thump chests, hurt random people with lawsuits, pay for governments (especially USA) to strong-arm anyone they consider a threat, etcetera.

Fuck them.

Re:I will get moded into oblivion....

[FlyingGuy]

We (the citizens of the world) have not given monopoly powers to content creators to maximize their profits nor to allow them to prevent or limit dissemination of their creations.

Yes you have. Your elected representatives are the ones who vote on those laws. If you don't like the way they are voting, the vote them out. If you can organize enough people who actually care and will not simply give up after 5 minutes things will change because elected representatives want to keep their jobs. Yes that sounds simplistic, but that is how it works. Get enough people elected who believe the way you do and you can change copyright, patent or anything else for that matter.

Re:I will get moded into oblivion....

[tombeard]

From TFA:
"It was clear Ellis did not want to begin by tangling with Telstra,
Australia's former telecom monopoly and still-dominant player
in telephony and internet, and a company with the financial
resources and demonstrated willingness to fight hard"

from FlyingGuy:
"What they are doing is reprehensible; however, they are trying fight their battle in the cheapest way they can and I can't really say I blame them"

Much like thugs targeting the sick and elderly, you can't really blame them because they want to attack those least able to defend themselves.

Cable author

[geogob]

The author of the cable seems pretty lucid about the whole copyright/piracy situation (I doubt the ambassador redacts the cables himself). Sadly, the people behind the movie associations do not share that lucidity.

From TFA:

[...] Australia, which does have very high rates of illegal movie and television show downloads, in part because of the sometimes long gaps between their release in the US and their arrival in Australian theaters or on local television.

Oh! Did we just mention a probable (reasonable?) cause for increased piracy... which can be very easily solved?

Fix the problem

[mu51c10rd]

That was my take on this as well and what was most glaring. They admit to knowing what the problem is, yet take no steps to fix it. Instead, resorting to questionable legal tactics. Is there any business roadblocks to having movies/ TV shows released globally at the same time?

Re:Fix the problem

[rocket rancher]

That was my take on this as well and what was most glaring. They admit to knowing what the problem is, yet take no steps to fix it. Instead, resorting to questionable legal tactics. Is there any business roadblocks to having movies/ TV shows released globally at the same time?

Well, yeah, there are, and it's all about profit. For example, a studio won't go to the expense of distributing a product to a different region until they are reasonably certain that there is a profit to be made, ie, demand is high enough that they will be able to sell enough units to cover the cost of localizing for that region. I work for a company that assumes that risk, and gambles that the demand is out there, or can be created if it isn't. We acquire licenses for Japanese manga and anime, then localize and distribute them in the US and Canada. We make fucking fantastic amounts of money when we get the timing right, and we lose fucking fantastic amounts of money when we don't.

Re:Oh gee

[Pf0tzenpfritz]

Or sniff the glue and become an MPAA supporter.

Re:Sensitized to piracy

[wagnerrp]

Increasing DRM does work, you just fail to grasp what it is trying to do. DRM isn't supposed to stop pirates, or even the more technologically capable customers. DRM is to prevent the bulk of their customers from using their rightfully purchased content in a manner other than is desired by the publisher. In that sense, it is doing a great job.

Principle

[brit74]

As a matter of principle, I support cracking down on filesharing because I support the people who invested money to create products over the people who simply want free entertainment and contribute nothing back. I don't care if it's the RIAA or MPAA. It doesn't even matter if I dislike the RIAA. Similarly, if someone in my neighborhood is a crappy human being I still support certain rights for them - and if someone steals from that detestable person, I'm not going to say "we'll screw them, they're a crappy human being", as if being a bad person means they no longer get the protections everyone should get (in fact, mistreating them in the legal system would only make them worse).

(And, no, I'm not saying I support long copyright terms or large financial penalties for pirates.)

Re:Oh gee

[ifiwereasculptor]

This!

Re:Oh gee

[GameboyRMH]

Good gracious, its as if, because MPAA commits one wrong, it excuses us circumventing the legal system just to spite them for that wrong. Illegal is illegal, whether or not you like the prosecution. Are people really pushing for anarchy and the abolition of the justice system?

This is funny. When the MPAA does something wrong to the public, it's no excuse to break the laws that the MPAA made as a result, illegal is illegal!

If I bribed a politician to make it illegal to refuse to give me money on request, and I asked you for all the money in your wallet, by your logic you'd have to oblige me.

Re:Oh gee

[TheReaperD]

When the justice system is no longer just to the people, then yes. Whether or not it has reached that point is a matter of opinion.

Re:Oh gee

[tombeard]

No, we are pushing for anarchy and the abolition of the injustice system.

Re:Oh gee

[SleazyRidr]

Then no-one would need plastic tears, and those hard-working plastic tear manufacturers would be out of a job. Of course they'll blame the losses on plastic tear piracy...

Why Piracy rates in Australia are high

[StArSkY]

Australians are getting ripped off, and are jack of it, so piracy is increasing. No surprises there.

Some examples:
The AUD and USD are close enough to each other to be comparable.

Netflix Streaming only subscription in US - $8 per month UNLIMITED.
Streaming service in Australia (no Unlimited subscription services exist as far as I know.
Bigpond movies $6/movie. Sony on PS3 $6 or $7/movie, Quicklix $6/movie

New release DVD purchased in Australia (Battle: Los Angeles) - $30
New release DVD purchased in US (Battle: Los Angeles) - $20

New release Blu-Ray purchased in Australia (Battle: Los Angeles) - $40
New release Blu-Ray purchased in US (Battle: Los Angeles) - $30

2D Cinema Ticket in Australia - $15.50
2D Cinema Ticket in the US - ~$10.00