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Ohio Prison Shows Pirated Movies To Inmates
An anonymous reader writes "Richard Humphrey was sentenced to 29 months in prison for selling pirated copies of movies through the subscription-based USAWAREZ.com. He was later sent to the Lorain County prison in February for a parole violation and while he was a prisoner, he says guards showed inmates Ride Along and The Wolf of Wall Street before they were released on DVD. A spokesperson for Lorain County Correctional Institution Warden Kimberly Clipper said prison officials are aware that pirated movies are being shown to prisoners and the issue is being investigated. But she said she couldn't comment further because the investigation is ongoing."
Is The Wolf of Wall Street the kind of movie you should be showing prisoners anyways?
They should show them pirated pirate movies.
"Tell me doctor, with all of your defenses, are there any provisions for an attack by killer bees?"
as some of you know, i've spent time in the florida prison system...this stuff is SOP...prisons are basically just the streets with much higher prices.
imo, its great that inmates get to watch illegal movies, brought in the guards, while smoking their illegal weed, often brought in by the guards (and of course through other less...sanitary? ways), while talking on their illegal cell phones, often brought in by...well, you already know.
it's all mostly a big game...now i'm not saying people don't belong in prison, lord knows i've met plenty who do, but a dude running a pirate movie site?
not really, imho at least.
never bring a twinkie to a food fight.
If it is a for profit prison, this actually would be showing pirated movies for profit.
Troll is not a replacement for I disagree.
Can you imagine if you were in jail on copyright infringement charges and the prison you were in was showing pirated movies?
Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
Wow; that *is* cruel and unusual punishment.
Well if the prison guards are actually showing pirated movies, it isn't piracy for profit, but it isn't exactly piracy for personal use either.
Given that the prisons in Ohio are privatized, yes anything provided to the inmates would be legally and practically "for profit". Still not sure why they would bother offering them anything but super old DVDs and VHS movies that have been scrapped at the local library, but one thing that comes to mind is a guard curtailed a favor from an inmate in exchange for something recent to watch. It will be interesting to see if the investigation turns anything up.
I don't think that's considered fair use :) It's pretty much illegal. Even if they bought a legal DVD, they're not licensed for public performances.
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Prison is not suppoed to be torture. Why not let them kick back and watch a movie? If you give them nothing to do, they will think up their own entertainment and it might not be good.
I'm guessing those are rated Arrr?
General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
Generally, you are right — the particular prisoner's case is different. However — content-owners have tried to make "non-profit" infringers (people making copyrighted material available for free to others) into examples by suing them for large sums of money (though no jail-time).
And second, the prison officials aren't just watching the material themselves — they are showing it to a large number of people (entire prison population). This is something, which you can not legally do even with a DVD you purchased in a store — they are only licensed for private viewing.
They should be busted and, ideally, someone ought to end up in the cell next to the protagonist — even if for a shorter sentence.
In Soviet Washington the swamp drains you.
I've wondered why we don't allow prisoners to play some kind of FPS (or ideally MMO) type games in prisons, and let them sort out their turf wars and aggression using that.
-- quite a few MMO players live very similar to convicts, in that they stay isolated in their cell for 20 hours a day.
-- shanking someone in a game would be far better than in real life.
Putting people in a confined space with no outlet and nothing to do for 20 hours a day -- and those who didn't already have violent or criminal tendencies will have them in short order. And the recreation they do find will not be something we want them to be doing.
From TFA:
In some cases, Humphrey said the movies appeared to have been illegally recorded by theater-goers. "You could see people walking in front of the camera," he said.
That's a pretty good sign it's not legit.
They were cammed. According to TFA, you could see members of the audience occasionally blocking the movie.
Ask the owner of any bar about people wanting money for "public performance" of copyrighted entertainment.
False. Though all unauthorized distribution is illegal, not all of it constitutes a criminal offense. To make the perpetrator a felon, according to paragraphs; 506 federal Title 17 of the United States Code, the distribution must be committed:
Our protagonist qualifies for the first item above. And so do his current jailers. Small-time non-profit distributors — such as torrent-users, who keep the stuff they just downloaded available, but not for long enough to qualify for the second case — do not.
In Soviet Washington the swamp drains you.
This is something, which you can not legally do even with a DVD you purchased in a store — they are only licensed for private viewing.
Although there is wording on DVDs to the effect that they are "licensed", this is not true. If you purchase a copy, you own that copy and retain all first-sale rights.
The actual phrasing in 17 USC concerns "public performance". If these DVDs had been legally purchased (instead of definitely pirated), it's possible the prison performance would not be considered "public". After all, can you just walk in and watch movies with the prisoners? Remember that size of audience is unimportant for determining "private" or "public". A wedding with 500 guests where only people with invitations are allowed in is "private", while a bar with seating for 3 people is "public".
Showing CAM rips?
That's gotta count as cruel and unusual punishment.
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Just don't show them the pirate movie "cutthroat island" ( http://business.time.com/2012/... .) After all, cruel and unusual punishment is unconstitutional!
The fact that the DVDs are sold, not licensed, means that the copyright holder does not have the legal authority to impose extra conditions upon the buyer.
The "public performance" provision, however, is imposed not by the copyright holder but rather by the law itself. That's where the difference lies.
"[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz
It is possible that the Ohio prison in question got itself listed as a budget theater and was able to get legal copies of those movies between the main theatrical release and the DVD release.
I find that highly unlikely, but it is possible.
Don't have to get listed; just have to give enough money to the distribution companies. If you have your own copy then you can also get a discount - e.g they charge extra to send you a copy to use that you then have to return. How much you pay depends on how well you can haggle the price; can easily be $350 (with DVD) or $700 PER film. Funny thing is, if you try to reach out and cannot get any traction then you've also done your "due diligence" and can just go ahead and show it - been there with Disney licensed Anime films. (We had a budget, wanted to pay them, but couldn't get anyone to stand up and take the money.)
So even if they did do a cam rip (probably bit torrent copy from somewhere), they very well may have had a license to show it.
And, at least in the Anime world, many of the distribution companies will even let you do it for free (e.g Pioneer, RightStuf) if you show all the ads they have on the DVDs and have asked them for permission to do so.
Truth is like the sun. You can shut it out for a time, but it ain't goin' away. - Elvis Presley (source: imdb.com)