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33 Months In Prison For Recording a Movie In a Theater

An anonymous reader writes: Philip Danks used a camcorder to record Fast & Furious 6 in a U.K. cinema. Later, he shared it via bittorrent and allegedly sold physical copies. Now, he's been sentenced to 33 months in prison for his actions. "In Court it was claimed that Danks' uploading of Fast 6 resulted in more than 700,000 downloads, costing Universal Pictures and the wider industry millions of pounds in losses." Danks was originally told police weren't going to take any action against him, but he unwisely continued to share the movie files after his initial detainment with authorities.

43 of 465 comments (clear)

  1. The real crime here by GameboyRMH · · Score: 5, Funny

    Is bothering to upload a camrip. Just wait for a DVD release or at least a leaked screener copy!

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
    1. Re:The real crime here by Anonymous Coward · · Score: 5, Insightful

      No, the real crime is punishing a non-violent civil offender with violence (i.e. forced into a cage). It only takes a moment of critical thinking to realize that punishing non-violence with violence is a product of injustice, not justice.

    2. Re:The real crime here by NotDrWho · · Score: 5, Funny

      No the real crime is that he encouraged people to watch Fast & Furious 6 .

      --
      SJW's don't eliminate discrimination. They just expropriate it for themselves.
    3. Re:The real crime here by tgeek · · Score: 5, Interesting

      Nah, the real crime here is . . . STUPIDITY:

      1. He failed to sufficiently anonymize his upload and got caught (I'm unclear if he was caught from his p2p or physical sales though).
      2. When he DID get caught, he didn't cease doing something that would land him in jail
      3. We can (and have!) debated all day long about the morality of p2p sharing . . . but he went a step further and was monetarily profiting from his acts (albeit via physical media as opposed to p2p sharing). I think it's safe to say most people don't agree with this.

      Now is a 33 month prison sentence fair for gross stupidity? /shrug I've heard of worse . . .

    4. Re:The real crime here by bluefoxlucid · · Score: 4, Interesting

      Actually, they should have caned him. 33 months in prison is stupid. Beat him 40 times and send him home.

    5. Re:The real crime here by mlookaba · · Score: 5, Insightful

      the real crime is punishing a non-violent civil offender with violence (i.e. forced into a cage)

      Would you feel the same way if a financial advisor intentionally stole all the money your parents had for retirement? That wouldn't be a physically violent act, but would seem to have consequences that merit punishment other than a fine.

    6. Re:The real crime here by flayzernax · · Score: 3, Insightful

      In this case the "victim" was granted a monopoly by us. Big difference between fraud and a monopoly abusing a PRIVILAGE we the people granted it and now they are lobbying all over the world to make international criminal law... oh wait.

      This is not a crime and there is no victimization. Nothing is being stolen. The person recording videos just disagrees with what is clearly out of line. It is a civil matter. The worst that can happen in civil matters in the US is one party can force the other into debt or bankruptcy.

    7. Re:The real crime here by Cajun+Hell · · Score: 5, Insightful

      I think it's impossible for a government to do anything without at least some real threat of violence behind it. How do you enforce a nonviolent sentence?

      Government: "Pay me a $1000 fine."

      Offender: "No."

      Government: "You're a poo-head."

      Offender: [sobs pathetically] "Ok, ok, I'll pay! Just please, please don't hurt my feelings again."

      --
      "Believe me!" -- Donald Trump
    8. Re:The real crime here by mlookaba · · Score: 5, Insightful

      You're arguing about something unrelated to my comment. My point is that sometimes the physical "violence" of being incarcerated is justified for non-physical crimes. That's all.

    9. Re:The real crime here by dave420 · · Score: 4, Informative

      Copyright infringement for money is a criminal offense, fyi.

    10. Re:The real crime here by Aaden42 · · Score: 3, Insightful

      How do you enforce a nonviolent sentence?

      Easy: By ordering a more compliant entity that has a financial relationship with you to comply on your behalf.

      Government: "Pay me a $1000 fine."

      Offender: "No."

      Government: “Offender’s Bank: Give us $1000 from Offender’s account (by seizing every penny deposited for the next 10 years immediately in priority over EVERY other debit if necessary) plus an extra penalty for non-compliance.”

      Offender’s Bank: “Okay, here’s your money, and BTW we’re taking our own fee for enforcing this, and of course we’ll charge them for every overdraft fee that results from draining their account.”

      Offender: [sobs pathetically] "How am I going to pay my rent or car payment or buy food now?"

      --- Or alternatively if no bank accounts: ---

      Government: "Offender's employer: We're garnishing offender's wages. Give us the next $1000 you were going to pay offender, even if that means he doesn't see a penny for a paycheck for the next two months."

      Offender's Employer: "Okay, here's your money, and BTW thanks for letting us know our employee's a thief. We’ll be looking to replace them ASAP.”

      —-

      See: Civil compliance and no truncheons necessary. There will almost always be someone with more to lose than you and less desire to stick it to the man. They’ll comply so you don’t have to.

    11. Re:The real crime here by Zero__Kelvin · · Score: 3, Insightful

      That is an excellent idea. I just hope the unthinkable never happens, and somebody who doesn't have a legitimate bank account and job suddenly decides to be a ciminal!

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    12. Re:The real crime here by Frosty+Piss · · Score: 4, Insightful

      Copyright infringement for money is a criminal offense, fyi.

      Not at Slashdot...

      People seem to miss the point that this was a criminal activity for profit.

      But of course here, entertainment that cost millions of dollars to create must be free.

      --
      If you want news from today, you have to come back tomorrow.
    13. Re:The real crime here by SydShamino · · Score: 3

      What if the offender's employer refuses? What if the offender's employer doesn't have a bank account? What if the offender's employer's customers refuse? What if it's turtles all the way down?

      Physical confinement is a good deterrent for white collar crime - far better than it is as a deterrent to violent crime, in my opinion, because the type of people who use violence tend to have minds better able to shut off emotions and critical thought as needed, whether than need is for 10 minutes while shooting and robbing someone or 15 years behind bars.

      --
      It doesn't hurt to be nice.
    14. Re:The real crime here by Zero__Kelvin · · Score: 4, Funny

      "The dude made the choice. No one put a gun to his head and told him to patiently hold the camcorder up for 2 hours ..."

      Are you 100% certain about that? This is Fast & Furious 6 we're talking about here.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    15. Re:The real crime here by shadowrat · · Score: 4, Insightful

      No, the real crime is punishing a non-violent civil offender with violence (i.e. forced into a cage). It only takes a moment of critical thinking to realize that punishing non-violence with violence is a product of injustice, not justice.

      no, the real crime here is a misleading title that implies he was given 33 months solely for the act of filming a movie with a camcorder.

    16. Re:The real crime here by Anonymous Coward · · Score: 4, Interesting

      And what benefit does jail time give the public? Jail time for non-violent offenders is the stupidest, most useless thing we could do with these people. There are all sorts of public services that are in dire need of manpower. A shit ton of community service as a punishment is far far far more useful than just incarcerating people. I find it astonishing how primitive and archaic peoples' thinking is when it comes to punishments for crimes. Just like we don't spank kids anymore because it's pointless and counterproductive, we should also stop "spanking" non-violent offenders but put them to good use instead.

    17. Re:The real crime here by shadowrat · · Score: 4, Insightful

      Offender: [sobs pathetically] "How am I going to pay my rent or car payment or buy food now? I guess i'll have to start mugging people."

      FTFY

    18. Re:The real crime here by Austerity+Empowers · · Score: 4, Insightful

      I agree, it's cheaper and does not encourage prison corporations to side with the copyright lobbies.

    19. Re:The real crime here by StikyPad · · Score: 5, Insightful

      He's not in jail for recording a movie; he's in jail for distributing copies and selling them. Selling copies isn't a civil offense; it's a crime. And did you miss the part where he kept selling and distributing even after his arrest? I have pretty liberal views on file sharing, but this guy was asking for it.

    20. Re:The real crime here by SternisheFan · · Score: 3, Interesting

      And what benefit does jail time give the public? Jail time for non-violent offenders is the stupidest, most useless thing we could do with these people. There are all sorts of public services that are in dire need of manpower. A shit ton of community service as a punishment is far far far more useful than just incarcerating people. I find it astonishing how primitive and archaic peoples' thinking is when it comes to punishments for crimes. Just like we don't spank kids anymore because it's pointless and counterproductive, we should also stop "spanking" non-violent offenders but put them to good use instead.

      Agreed, though this sentence is meant to dissuade other would be uploaders from copyright infringement. That is the point of the sentence, for others to think twice before uploading. Much like not all tax evaders in the U.S. are caught, the IRS will make an example of high profile celebrities.

    21. Re:The real crime here by Anonymous Coward · · Score: 5, Insightful

      Actually most crimes are not prevented or thwarted by jail or excess sentencing. The reason is that those committing crimes aren't considering the risk or consequence of their actions. The line of thinking that jailing, violence toward (physical abuse, caning, etc), etc will reduce crime is naive, but it is also the line of thinking most people have grown up with and been taught. Other solutions may not necessarily have a significantly better outcome, but without different approaches being attempted its we're probably not going to see a significant reduction in crime.

      What we know has had major impacts in different parts of the world:

      1. Advancements in medicine (drugs) have reduced crime (they have almost eliminated the need for insane asylums)
      2. Banning certain chemicals from gas (has resulted in significant reductions in violent crime)
      3. Reducing the wage disparity between classes (particularly reducing poverty, educational opportunity, and enabling advancement)
      4. Focusing on rehabilitation facilities for drug offenders rather than jail
      5. Legalization of at least low-impact recreational drugs

    22. Re:The real crime here by Sarius64 · · Score: 5, Insightful

      Damn! If only he had bankrupt an energy conglomerate, dissolved hundred of millions of dollars in pension funds, and legally embezzled 9 figures into personal accounts! He'd have received no punishment at all!

      The fall-out from Enron

    23. Re:The real crime here by Anonymous Coward · · Score: 3, Insightful

      Which is why it is unjust. Punishing someone as an example to others is reprehensible.

    24. Re:The real crime here by Obfuscant · · Score: 5, Insightful
      So you're referring to Ken Lay the weasel who was convicted on ten felony counts for his acts as the head of a corporation, but managed to avoid 20-30 years in prison as punishment for his crimes by having a heart attack and dieing. That's the guy you're unhappy got "no punishment at all"? The sneaky bastard planned all along on having a massive heart attack if he was ever convicted of anything as a way of avoiding a prison term, you bet.

      Even though the criminal justice system had to vacate the convictions because he died before his appeals were exhausted (and he couldn't very well assist in his own defense at this point), "civil suits are expected to continue against Lay's estate." In other words, you can't imprison the dead man to punish him (or you could, but it wouldn't be a very effective punishment, deterrent, or rehabilitation effort), but his family can be punished by having money and property taken away from them through the civil courts.

      Nice try.

      At the bottom of the reference I linked to, they mention that there are conspiracy theorists that say that Lay faked his death and he's still alive. Are you one of them? Of all the people who saw his dead body, not a single one of them would come forward to tell his story for the probable six figure payment he'd get? Sure.

      When I saw the headline for this article I could guess that it was biased and incorrect, and I was right. The guy got 33 months in prison not for recording a movie in a theater, he got the criminal sentence for distributing copies for sale. The former could have gone unnoticed and would have harmed nobody, had he not continued to distribute even after he was warned about it.

    25. Re:The real crime here by jedidiah · · Score: 5, Insightful

      > Sounds like you're a violent sociopath. Maybe we should cane you if you like that kind of punishment so much.

      A good beating administered by the authorities in a controlled and relatively safe environment will likely do FAR MUCH LESS damage than being locked up with animals and sociopaths for 3 years.

      You simply don't have any clue. You can't relate do doing any kind of hard time. You probably can't even relate do doing a week or a weekend in the local lockup.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    26. Re:The real crime here by nukenerd · · Score: 5, Insightful

      "civil suits are expected to continue against Lay's estate." In other words, you can't imprison the dead man to punish him .. but his family can be punished by having money and property taken away from them through the civil courts.

      It is not punishing his family. It is restoring them to the status they would have been in if the culprit had not committed his crime. Which is as it should be.

  2. If he sold phyiscal copies by Anonymous Coward · · Score: 4, Insightful

    If he deliberately recorded and actually sold physical or digital copies, I have no sympathy for him. Why would I?

    1. Re:If he sold phyiscal copies by just_another_sean · · Score: 5, Insightful

      I agree he deserves to be punished and I get that he probably doesn't have enough money to pay a fine so it's off to the joint he goes but is 33 months really a fitting punishment here? That's almost three years of this guy's life. And the claim that "millions were lost" has been proven to be exaggerated over and over again. A download does not equal a lost sale; those that download do not buy, they simply go without. I'm not saying that makes it OK, I'm just saying the punishment does not fit the crime.

      --
      Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
    2. Re:If he sold phyiscal copies by Wycliffe · · Score: 5, Insightful

      Why should anyone have control over the copying industry? Free market here would be great IMO.

      I'm all for the free market but it's not the copying that is the problem. The problem is that it takes thousands of man hours
      to produce a movie and all those people want to get paid. If you made copying legal then one of 3 things happen:
      1) Noone produces movies anymore
      2) They figure out another way of paying for the movie (merchandise tie-ins, product placement, etc..)
      3) Metal detectors, etc... at the movie theatre and/or some other way of preventing copying.
      Copying is too hard to enforce and we need a better way. I don't think swat teams and prison is the answer but I
      don't really like the idea of movies being even more corrupted with advertisement either.

      artists can get payed better when not bottlenecked by shitty distributors with monopolies

      That might be so but if copying is legal then the indie film producer has the same problem. They can only sell 1 copy.
      How do you fairly compensate the people who spend the many man hours producing the movie? The movie industry
      isn't perfect by any means and there are plenty of people getting rich who maybe shouldn't but removing all copy
      protection would require movies as we currently know them to cease to exist.

    3. Re:If he sold phyiscal copies by ruir · · Score: 3, Interesting

      I would be fine with metal detectors at theatres. While you are at it, besides shoving down their throat one hour of adverts as it already happens, whip them too. I am not going to theatres anyway, these people do not deserve our hard earned money. As for the proceedings of the movies trickling down to actors or people, or the actual book writers, dream on, Hollywood accounting makes sure they only get a pittance.

    4. Re:If he sold phyiscal copies by DahGhostfacedFiddlah · · Score: 3, Interesting

      What would you say if you got that much prison for drinking out of a puddle after a rain instead of the tap you pay for

      I don't think I'd be particularly concerned, assuming:

      • He was also charging people for that same puddle of water
      • The puddle of water was created by the water industry at great expense
      • The industry had a legal right to the puddle of water, with precedents going back centuries.
      • Drinking the water was purely for entertainment, and not a requirement for continued living

      I'm not saying 33 months isn't an excessive sentence, but you just sound dumb when you make these comparisons.

  3. "millions and millions" by Anonymous Coward · · Score: 4, Insightful

    Yet the banksters who cost the public billions and TRILLIONS have yet to spend a single day behind bars.

    1. Re:"millions and millions" by Jason+Levine · · Score: 4, Insightful

      Well, that just makes sense. Sure, they cost the public billions and contributed to a vast economic melt down, but they didn't violate COPYRIGHT! Priorities, people!

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  4. Not smart by jratcliffe · · Score: 5, Insightful

    "Danks was originally told police weren't going to take any action against him, but he unwisely continued to share the movie files after his initial detainment with authorities."

    In other words, the cop had decided to let him go with a warning for speeding, and then, while the cop was walking back to his car, he peeled out and gunned the engine, accelerating as hard as he could.

  5. "Unwisely" by halivar · · Score: 5, Insightful

    Understatement of the year. This is a sad case of a stupid law intersecting with an incredibly stupid person.

  6. Re:We need to have no laws at all by wonkey_monkey · · Score: 5, Funny

    We need to have no laws at all

    Good luck enforcing that!

    --
    systemd is Roko's Basilisk.
  7. There are 6 of them now? by Travis+Mansbridge · · Score: 5, Funny

    I'm just surprised 700,000 people wanted to see Fast and the Furious 6.

  8. Nature of tort reform by TWX · · Score: 5, Interesting

    Yes, this happened in the UK, not the US, but I don't think that the point I'm about to make is invalid...

    Crimes and punishments need to be re-evaluated. No truly-victimless crime (personally using drugs without any intent to distribute, for example), when being the only crime, should never receive stronger sentences than crimes that don't affect persons directly and only lightly, at best, affect corporations (like this theatre-cam incident), and those types of crimes should never receive stronger sentences than for those where a person is individually victimized or significant chattel property is stolen (mugging, home burglary, car theft, etc), then would come violent personal crimes (any crime involving brandishing of a weapon, battery, threats of a greater harm like using the claim of a planted bomb, etc) and crimes where a person's life-savings were taken putting them into severe hardship, etc.

    The scale should be steep; it should take numerous, numerous counts of the small crimes to even approach the sentences of the next crime up the scale, and the nature of what becomes a count should accurately reflect what's going on. In the case of providing copyrighted material, the law needs to bear in mind that much of the time the material would not have been purchased by the consumer had it not been available for free anyway, so the actual damage to the content creator is lower than usually represented.

    --
    Do not look into laser with remaining eye.
    1. Re:Nature of tort reform by JustNiz · · Score: 4, Insightful

      >> truly-victimless crime (personally using drugs without any intent to distribute, for example),

      Thats a very naive viewpoint. Just by buying the drugs you're funding the entire drug machine so keeping it rolling, including the bits that hurt innocent people.

  9. This is Bull Shit by Hillgiant · · Score: 3

    There is no way there were 700,000 people who wanted to watch Fast & Furious 6.

    --
    -
  10. Not my kind of person. by westlake · · Score: 5, Insightful

    Would you feel the same way if a financial advisor intentionally stole all the money your parents had for retirement?

    The financial advisor isn't a geek ---

    and the geek should never have to serve hard time.

    That is the argument as it usually plays out on Slashdot.

    Prison sends the message that the white guy with a six or seven figure income will be treated the same as the poor and the black.

    It sends the message that intangible property is still property.

    Something that the geek --- who spends his entire working life inside a digital universe defined by the value given to endless streams of ones and zeroes --- ought to be applauding,

  11. Easy Lesson Here: Don't Piss Off The Judge by WheezyJoe · · Score: 5, Informative

    Ars Technica has more on the story, and links to actual news sites covering the mess. And as many insightful Slashdot commentators have surmised, there's more to the story than a lousy cam-rip of a lousy movie.

    Copyright silliness may have led to him being caught, but Danks got his 33 months all by himself.

    Danks was arrested only six days after he'd uploaded the video, and two days later he wrote on Facebook, "Seven billion people and I was the first. F*** you Universal Pictures."

    Danks had also sold DVD copies of the movie for £1.50 each. He said his total profit from the scheme was about £1,000.

    To who? Who buys these things? Why would anyone spend money and time to suffer through a cam-rip?
    how much of this was earned after he was arrested?

    The prosecuting and defending attorneys both seemed to agree that Danks' motive for the piracy of Fast and Furious 6 was “Street Cred.” His defense attorney told the court, "He has no substantial assets of any sort, and his financial gain has been extremely limited, but he was obviously aware that it was a popular film that would be of interest."

    The judge was particularly harsh on Danks because of his cavalier attitude."This was bold, arrogant, and cocksure offending,” he said to Danks, as Sky News reports.

    --
    Take it easy, Charlie, I've got an Angle...