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Hollywood Studios Fuming Over Indie Studio Deal With BitTorrent

silentbrad sends this quote from TheWrap: "'It's a deal with the devil,' one studio executive [said]. 'Cinedigm is being used as their pawn.' Cinedigm announced this weekend that it would offer the first seven minutes of the Emily Blunt-Colin Firth indie Arthur Newman exclusively to BitTorrent users, which number up to 170 million people.... Hollywood studios have spent years and many millions of dollars to protect their intellectual property and worry that by teaming up with BitTorrent, Cinedigm has embraced a company that imperils the financial underpinnings of the film business and should be kept at arm's length. 'It's great for BitTorrent and disingenuous of Cinedigm,' said the executive. 'The fact of the matter is BitTorrent is in it for themselves, they're not in it for the health of the industry.' Other executives including at Warner Brothers and Sony echoed those comments, fretting that Cinedigm had unwittingly opened a Pandora's box in a bid to get attention for its low-budget release. ... 'Blaming BitTorrent for piracy is like blaming a freeway for drunk drivers, ' Jill Calcaterra, Cinedigm's chief marketing officer said. 'How people use it can be positive for the industry or it can hurt the industry. We want it help us make this indie film successful.' ... 'We'll be working with all of [the studios] one day,' [Matt Mason, BitTorrent's vice president of marketing] said. 'It's really up to them how quickly they come to the table and realize we're not the villain, we're the heroes.'"

38 of 187 comments (clear)

  1. and WHO are the movie studios in it for, us? by d00m.wizard · · Score: 5, Insightful

    really?

    --
    * A world imprisoned screams with pain There are no leaders you can blame Your avarice destroyed your sphere And the
    1. Re:and WHO are the movie studios in it for, us? by interkin3tic · · Score: 5, Insightful

      I'm astonished that the studio executives own intestines didn't spring forth and strangle the man for such blatant hypocrisy. I'm astonished that politicians aren't on television right now saying "Yeah, that's some pot/kettle 'black' shit right there. I'm astonished any reporter he was talking to didn't kick him in the balls. I mean, I probably would have done all those things. Simultaneously in fact.

    2. Re:and WHO are the movie studios in it for, us? by AlphaWolf_HK · · Score: 5, Insightful

      The Screen Actors Guild is really uptight about making sure that every actor everywhere is in their union, to the point of fining its members if they perform in the same piece as an actor that isn't part of that union. I wouldn't be surprised if they tried to kill this either, namely because indie studios might be more likely to stay away from that union because they can't afford to pay what any of its members demand.

      --
      Careful with names containing L slashdot.org/~AiphaWolf_HK slashdot.org/~AlphaWoif_HK slashdot.org/~AiphaWoif_HK
    3. Re:and WHO are the movie studios in it for, us? by Anonymous Coward · · Score: 5, Funny

      That's simply because gutless worms have no intestines.

    4. Re:and WHO are the movie studios in it for, us? by ShieldW0lf · · Score: 5, Insightful

      The Screen Actors Guild is really uptight about making sure that every actor everywhere is in their union, to the point of fining its members if they perform in the same piece as an actor that isn't part of that union. I wouldn't be surprised if they tried to kill this either, namely because indie studios might be more likely to stay away from that union because they can't afford to pay what any of its members demand.

      If that leads to a series of entertaining films coming out that don't contain any members of the Screen Actors Guild, they're really going to be up shit creek.

      --
      -1 Uncomfortable Truth
    5. Re:and WHO are the movie studios in it for, us? by Anonymous Coward · · Score: 4, Insightful

      Unions are in it for money, you can just stop there. They don't give a rat's ass about conditions anymore.

    6. Re:and WHO are the movie studios in it for, us? by Karl+Cocknozzle · · Score: 4, Funny

      I'm astonished that the studio executives own intestines didn't spring forth and strangle the man for such blatant hypocrisy. I'm astonished that politicians aren't on television right now saying "Yeah, that's some pot/kettle 'black' shit right there. I'm astonished any reporter he was talking to didn't kick him in the balls. I mean, I probably would have done all those things. Simultaneously in fact.

      That's a television show, all to itself, if you can actually pull it off without hurting yourself. I'd DVR that.... Or maybe D/L the torrent if I forgot. ...Shit, even if you do get hurt, the audience would be mesmerized...

      MES-MER-IZED!

      --
      Who did what now?
    7. Re:and WHO are the movie studios in it for, us? by Rinikusu · · Score: 5, Informative

      As an aspiring independent filmmaker, it's not really as bad as you make it out to be. There are very affordable indie-extremely-low-budget rates for us, and waivers and what not that can be had. Film permits, on the other hand...

      --
      If you were me, you'd be good lookin'. - six string samurai
    8. Re:and WHO are the movie studios in it for, us? by Rinikusu · · Score: 4, Funny

      (also, I used a SAG actor in my last film. I paid him in korean barbeque)

      --
      If you were me, you'd be good lookin'. - six string samurai
    9. Re:and WHO are the movie studios in it for, us? by Mr.+Slippery · · Score: 4, Informative

      Because we all know that screen actors are working for slave wages.....

      Most, yes. Like musicians, a handful become stars and get rich, the rest make a marginal living at best, usually with some other job.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
  2. Honestly? by DiSKiLLeR · · Score: 4, Insightful

    Honestly? A deal with the movie studios (or any of the recording studios) is a deal with the devil.

    I applaud Cinedigm for giving an alternative a shot.

    --
    You can tell how powerful someone is by the magnitude of the crime they can commit and be able to get away with.
    1. Re:Honestly? by nametaken · · Score: 3, Insightful

      Well and, what exactly is wrong with this even if it's true?

      fretting that Cinedigm had unwittingly opened a Pandora's box in a bid to get attention for its low-budget release

      Isn't that precisely what you're supposed to do for your project? Get attention and as many eyes on the product as possible?

      Besides, we're talking about 7m of content here. It's not like they're relying on BitTorrent to sell and distribute a feature film. Though with external mechanisms, that's entirely possible. It's not like we don't have private trackers and such, and guys like Louis CK have demonstrated that a little good faith effort can make non-DRM'd content a financially viable product.

    2. Re:Honestly? by Anonymous Coward · · Score: 3, Insightful

      It's an indie flick. The big studios want it to fail no matter what.

    3. Re:Honestly? by crutchy · · Score: 3, Insightful

      Goliath (Hollywood) is simply worried that David (indie) may create a slingshot.

  3. Cinedigm gets it! by Anonymous Coward · · Score: 3, Insightful

    It's not the technology, it's how you use it!

    1. Re:Cinedigm gets it! by jamstar7 · · Score: 4, Insightful

      It's like owning matches makes you an arsonist in the *AA's eyes. If you have bittorrent on your computer, you're a pirate, plain and simple.

      A 7 minute trailer distributed by bittorrent (After all, that's about all it will be equivilent to) gets the *AA up inside themselves? Good deal.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
  4. I'd support Cindigm even if its a crappy movie by detain · · Score: 3, Insightful

    I probably won't like the movie but I respect them for trying to incorperate technologies that are uncommon in that industry.

    --
    http://interserver.net/
    1. Re:I'd support Cindigm even if its a crappy movie by amiga3D · · Score: 5, Insightful

      I don't give a shit if it is the worst movie I've ever seen. I'm going to buy the blu-ray edition when it comes out. I hope they sell more copies than any movie ever. With a little luck that will cause some of the movie execs to die from apoplexy.

    2. Re:I'd support Cindigm even if its a crappy movie by crutchy · · Score: 4, Funny

      someone should stick the 7 minute clip at the start of a pirated copy of the latest hollywood flick and then spread that throughout the torrent world... that would help with marketing for the indie film and really piss the mpaa off... two birds, one stone :)

  5. Bittorrent != piracy by Shadow+of+Eternity · · Score: 5, Insightful

    What we need is to stop the delegitimization of torrenting as a file transfer method. Equating torrents with piracy is ridiculous on it's face, it's nothing more than a means of transfering ANY data that's use legally all over the place. i haven't downloaded a linux distro the normal way in years, steam uses torrents, the list goes on.

    --
    A bullet may have your name on it but splash damage is addressed "To whom it may concern."
    1. Re:Bittorrent != piracy by ArsonSmith · · Score: 5, Funny

      that's like equating tors silkroad with drug purchasing. there is literally tens of other things on there.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
  6. I don't get it by jfengel · · Score: 3, Insightful

    It's the first seven minutes. That is, it's an ad for the movie, not the movie.

    They could have just used YouTube, which would probably get them a lot more eyeballs, and has social-networky features to try to encourage others to watch it. You _want_ people to watch your ads, for free; you'd pay them if you could. I can't imagine why they'd use BitTorrent, aside from the fact that BitTorrent gets you a few headlines.

    This isn't any skin off Hollywood's nose. Well, maybe a little: by acknowledging that BitTorrent isn't universally evil, it cuts into their deranged "BitTorrent = piracy" campaign. But I can't see anything more to it than that.

    If they were using it to distribute the film, the studio might have some kind of point, though that point would be "How the heck can you distribute a movie on which you spent a minimum of $10 million just on the two lead actors (and probably more) via a medium you can't charge for?"

    1. Re:I don't get it by Threni · · Score: 4, Funny

      > I can't imagine why they'd use BitTorrent, aside from the fact that BitTorrent gets
      > you a few headlines.

      "Hmm...this one says `7 minutes`...and this one says `116 minutes`....where to click...."

    2. Re:I don't get it by chilvence · · Score: 5, Insightful

      Why does no one ever consider the possibility that perhaps $10 million for a lead actor is a slightly over the top wage for the challenge of 'looking pretty while pretending to be someone else in front of a video camera for a few months'?

    3. Re:I don't get it by chilvence · · Score: 3, Insightful

      I mean seriously, it's no wonder no one has any shame about robbing hollywood, they've been robbing everyone else for decades :)

      It isn't really that hard to piece together the big picture is it?

    4. Re:I don't get it by Grieviant · · Score: 3, Interesting

      I think Harrison Ford would actually be in complete agreement with you. I recall an interview with him where he was recounting his early career and how he eventually became a big name actor. Basically, in a minor role as a bus boy, he had been pulled aside by a movie exec and told that he didn't have the 'star power' required to make it in Hollywood. The exec cited another popular actor of the era and said that he was easily recognizable as a star, even in a similar minor role. Ford replied something like "I thought the audience was supposed to be seeing a bus boy, not a movie star".

      I managed to find part of the interview here:
      http://www.biography.com/people/harrison-ford-9298701/videos
      Relevant bit starts 40 seconds in, but unfortunately it does not include Ford's rebuttal to the exec.

    5. Re:I don't get it by iluvcapra · · Score: 4, Informative

      The economic reality is that motion pictures are a star-delivery system -- people pay to see faces and people they are familiar with, more than story and any other "quality" metric. A $10 million salary is justified if the movie will make $100 million, when the reality is that if it didn't have the star in the first place, it would have only barely made its cost back. Most of being an "star" actor isn't in the acting, it's the intentional ruining of your life in order to maintain a brand or image that audiences will seek out again and again.

      This is why lead actors don't generally get "$10 million," but in fact get $5 million or $10 million "against" some percentage of the producer's gross take of the box office. Their celebrity is the primary equity contribution they make to the film. Sad, and not a very nice thing to say about the intelligence of the median moviegoer, but it's the truth, particularly when the move is sold to foreign markets, where movies make the majority of their money nowadays.

      The alternative would be to pay the actors flat and let the producers keep the $100 million -- this is how it generally worked before the Free Agency revolution in Hollywood the 1950s, and the system was universally derided as exploitive and biased in favor of the studios over working artists.

      --
      Don't blame me, I voted for Baltar.
    6. Re:I don't get it by Solandri · · Score: 3, Insightful

      perhaps $10 million for a lead actor is a slightly over the top wage

      Because it's not. Or at least it wasn't. Back in the days when distribution required printing thousands of copies, inking deals with thousands of theaters to show them, and contacting hundreds of local TV stations, magazines, and newspapers for advertising. Back then the barrier to entry was so high that only a few companies could make widely-distributed movies. Which meant only a few movies could become national (or worldwide) memes. Which meant only a few movies could rake in hundreds of millions of dollars. Which meant the actors who could consistently help you create a blockbuster movie commanded extraordinarily high salaries.

      The Internet completely pulls the rug out of that at the very lowest layer. Distribution is now essentially free, advertising nearly so especially if you can go viral. The obvious (well, obvious to me) outcome of all this is that whereas we used to have a few big studios, a few big movies, and a few big stars, now we're going to have lots of smaller studios, lots of smaller movies, and lots of small stars. Aggregate "filmmaking" revenue will go up, but it'll be distributed across a much larger population so average revenue per studio/movie/actor will go down. Yeah there will still be the blockbuster, but it's going to become increasingly rare (be sure to take into account inflation before you post any data claiming otherwise - the top grossing domestic film of all time in inflation-adjusted dollars is still 1939's Gone with the Wind).

      The established studios are scared to death of this, so are fighting tooth and nail to prevent it and preserve their old, outdated business model. Just like happened with the VCR and movie rental stores. They fought those tooth and nail too, claiming they'd be the doom of the movie industry. Instead they turned into the lifeblood of the industry (tape/disc sales and rentals have long since surpassed movie theaters for revenue).

  7. BitTorrent is not what they fear by BitZtream · · Score: 4, Insightful

    But its cute to try and blame it on one particular ... protocol? I'm not sure what 'deal with bittorrent' means. I mean, I get the 'first 7 minutes to bittorrent users' but who is that exactly? People that use software from bittorrent inc? Anyone with a bittorrent client? Who are they actually talking about? Well thought out statement you have there.

    Anyway, my point is that the big studios fear anything they don't completely control. They are afraid of people sharing things without them making a cut. They don't give damn about bittorrent, they care about sharing without them profiting.

    You just sound stupid when you propagate the stereotype, anyone with a clue knows they are just as afraid of you downloading something from HTTP as they are with bit torrent. Its not like they let you get buy with it via HTTP but not BitTorrent.

    From what I can tell from the actual article is that:

    The studios repeated their default statements anytime anyone shares anything online when they aren't getting a cut of the profits.
    Some indie movie is going to be put shared via bittorrent ... which isn't anything new, there are thousands of shitty indie movies on bittorrent already, thats like saying some indie movie is going to be uploaded to youtube. Contrary to what you may think: Indie does not imply that its worth watching.
    No one has heard of or cares about this indie movie either.

    Forget news for nerds, this isn't even news.

    --
    Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    1. Re:BitTorrent is not what they fear by ShieldW0lf · · Score: 4, Informative

      But its cute to try and blame it on one particular ... protocol? I'm not sure what 'deal with bittorrent' means. I mean, I get the 'first 7 minutes to bittorrent users' but who is that exactly? People that use software from bittorrent inc? Anyone with a bittorrent client? Who are they actually talking about? Well thought out statement you have there.

      If you visit http://www.bittorrent.com/ it will become quickly apparent what they mean, I think.

      http://bundles.bittorrent.com/torrents/BitTorrent-ArthurNewman.torrent

      I imagine they're seeding it.

      --
      -1 Uncomfortable Truth
  8. As an indie filmmaker... by dex22 · · Score: 5, Interesting

    As an indie filmmaker, I understand the dilemma. Granted, I'm at the low end, and don't get to work with name actors, but the problems stay the same until you have to start worrying about territories and distribution - and this is a dispute about controlling distribution.

    If I invest, say, $20,000 of my own money in a project, I need to be reasonably confident about making at least some of that money back or I don't get to make another movie. I don't have a patron or rich lover to fund what I do, so... I have to not make consistent losses.

    Facing this reality, the main way I make money is through private showings in indie theaters, selling disks direct, and then when the economic potential of the production seems tapped out, sticking it somewhere accessible so at least it is seen by *people*.

    That doesn't really work. I don't know what else to do. I have a couple of really fun hard sci-fi ideas I'd love to develop, but the audience is hard to reach and still get paid enough to just cover my costs... Or I can participate in the conventional distribution system and be SURE of making no money.

    Unless there's some rich benefactor or wealthy single lady out there *grins* my really very specialist movies have no chance of being made or seen by a wide audience.

    Bittorrent breaks the distribution problem, but doesn't help the money problem.

  9. Delusional Nitwits by FuzzNugget · · Score: 3, Insightful

    In what other business could you act so profoundly antagonistic towards your own customers and expect your business to actually be around to see the next day?

    Fun object lesson: what happens when a violent animal is backed into a corner?

  10. Re:Indie - pendent by mill3d · · Score: 3, Interesting

    I second that. We CG people sure don't get to see the kind of money the major production houses flaunt and only have our jobs shipped out of country as ultimate reward. Many would be better off if it wasn't for overly-greedy middlemen ; we might actually see more cultural diversity as well. CG work is gruesome, constant focus work with short deadlines and low salaries for the amount of skill required. If Cinedigm opens an alternate route that turns out to be viable, new life can be breathed into the suffocating US film and animation industries and add some extra fluidity to the economy as a consequence.

    This should be an interesting fight.

    --
    Nothing is enough for whom enough is too little - Confucius
  11. The end of block by assumption by sgt+scrub · · Score: 3, Informative

    I ditched warner bro's cable because they assumed all my UDP traffic was P2P. The went from shaping UDP to flat out blocking it. I wouldn't doubt they have hope other ISPs would follow. Anything legitimizing P2P would mean they couldn't block UDP based on assumption. Well. Considering how clue free their networking engineers seem to be, that might not be true.

    --
    Having to work for a living is the root of all evil.
  12. Re:I think Louisiana has these, BTW. by Crypto+Gnome · · Score: 4, Insightful

    > " 'Blaming BitTorrent for piracy is like blaming a freeway for drunk drivers, ' Jill Calcaterra, Cinedigm's chief marketing officer said"

    I like Bittorrent, but this is a bit disingenuous. It's more like blaming a freeway with with drive-thru bars every 100 feet because zoning doesn't forbid it, for having drunk drivers.

    Seriously? You HONESTLY believe what you wrote?

    I don't often bite back on such OBVIOUS BULLSHIT but you, sir are a complete ASSHAT.

    The PRIMARY reason there is blatant and comprehensive copyright violation is because THE INDUSTRY HEAVYWEIGHTS (RIAA/MPAA,and friends) have a ridiculous stranglehold on distribution. And by RIDICULOUS I mean literally impossible for some customers (eg outside the USofA) to legally purchase some content.

    LITERALLY impossible to purchase. In some cases literally FOR EVER, in most cases "what the hell do you mean I have to wait YEARS before I can legally purchase this content". And NO, for the record, I'm NOT only talking about "purchasing online", some content you CANNOT purchase even on "original media" (DVD or whatever) outside the US; for NO REASON other than "I control the distribution and I could not be bothered distributing THAT".

    The Music/Movie distribution industry constantly sends a big FUCK YOU, FUCK YOU ALL to literally millions of customers - but STILL insists they have a right to cry UNFAIR.

    Seriously folks, SHUT THE FUCK UP AND TAKE MY MONEY ALREADY.

    Let me say this again, there is ABSOLUTELY NO VALID MORAL ARGUMENT IN DEFENSE OF THE BEHAVIOUR OF THE MUSIC AND MOVIE INDUSTRY.

    They have literally gone out of their way, time and time again, to make it actually impossible to purchase content (either at all, or online, or they simply restrict it to some obscure almost unused format, or they excessively compress it so it's ONY worth watching on the postage-stamp that is a 10 yr old phone).

    ...

    To be fair (and even handed) lets be clear, the MPAA/RIAA "claim" to be "the industry body" but IN PRACTICE they act in the interests of existing distribution channels (and NOT "the movie/music industry" as a whole).

    --
    Visit CryptoGnome in his home.
  13. So the "industry" is harmed. So what? by John+Hasler · · Score: 4, Insightful

    > The fact of the matter is BitTorrent is in it for themselves, they're
    > not in it for the health of the industry.

    The fact of the matter is the studios are in it for themselves, they're not in it for the health of anyone but themselves. And that's fine, but why should the rest of us give a shit about their health? So Cinedigm's innovative move might cause movies to become less expensive and owning a studio less profitable. So what? That's competition.

    In fact, if the studios have some sort of agreement not to make any of their "properties" available via BitTorrent they should be sued for engaging in a restraint of trade.

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  14. Re:Indie - pendent by iluvcapra · · Score: 5, Informative

    Champions of "indie" cinema take note: Cinedigm is simply a production/distribution division of Technicolor, (yes that Technicolor), a multi-billion dollar Hollywood production service company that operates as a vendor to all the Hollywood studios. Several of the producers have ongoing relationships with Technicolor and Focus Features, a division of NBCUniversal, which is handling distribution of the film in several foreign territories. Cinedigm is the US film and animation industries.

    This entire thing is just Technicolor putting up a tiny film, probably entirely produced with UK Lottery Fund money and North Carolina tax credits, as a stalking horse/advertising experiment. The film has no stars to speak of, it was probably going to die an unlamented death on pay-per-view before they upgraded their marketing campaign to full Viral mode.

    --
    Don't blame me, I voted for Baltar.
  15. Re:Matter of time by mcgrew · · Score: 4, Informative

    How long before a talented bunch of individuals are capable of making high quality movies without the industries backing.

    What? You haven't seen Star Wreck? Hilarious and better than half the dreck from hollywood. And it's a free download! DUDE!!!!