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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.

22 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 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.

    5. 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
    6. 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.

    7. 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.

    8. 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

    9. 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

    10. 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.

    11. 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.
    12. 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. 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.

  3. "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.

  4. 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.
  5. 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.

  6. 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
  7. 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.

  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.
  9. 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,

  10. 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...