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Author Topic: 'X-Men Origins: Wolverine' Leaked Online
Bobby Henderson
"Ask me about Trajan."

Posts: 10973
From: Lawton, OK, USA
Registered: Apr 2001


 - posted 04-17-2009 05:57 PM      Profile for Bobby Henderson   Email Bobby Henderson   Send New Private Message       Edit/Delete Post 
quote: Greg Anderson
If you released an unauthorized copy of a U2 album to the whole world, you should be punished accordingly. But should the person who downloaded it from you be sued for many thousands of dollars too?
Accepting stolen property is a crime. Even if the property is merely "intellectual."

quote:
This also points out the hypocricy of web sites like Aint It Cool News. They have no problem posting reviews from test audience screenings or even reviewing a script! But they suddenly found "standards" when they refused to review this particular work print. Oh, I admire them soooo much!
The difference is they're writing reviews from material that is not available to just anyone. Few people get to attend test screenings. Few have access to scripts of movies in production. Everyone has access to that "work print" of X-Men Origins: Wolverine.

quote:
Too late. Treating it as a major crime now just antagonizes the customer. The average consumer is thinking, "Wait a minute! The music industry is just part of "Big Business." Big Business created the CD, the Internet, MP3 files and the iPod. I'm just using what they made for me to use, and I'm being creative about how I use it!"
One could try using that rationale to steal a notebook computer from an Apple store or walk on a car lot and steal a Cadillac. After all, the companies that made those products are big business corporations being corporationey and doing corporate stuff and stuff. Or maybe they could just drive away from a gasoline pump without paying for the fuel because big business created the car and now that car is just being used in a more "creative" way.

quote: Greg Anderson
Today's average teenager thinks absolutely nothing of sharing music with his friends. That kid's going to grow up and still think very little of it. And then that kid's going to be elected to legislative positions and, well, I wonder how copyright laws will look after that.
The average teenager also isn't trying to justify what he's doing as somehow being right. They know what they're doing is wrong, but they don't give a damn about it.

Anyone that likes watching movies and TV shows with any kind of budget at all had better hope the copyright laws are maintained and enforced. If copyright laws are seriously limited or eliminated the content creation pipe lines for movies, TV, music, computer gaming, etc. will be largely ruined. The talent and crews involved in making such content aren't going to work for free. They'll just get jobs doing something else for a living.

Much of what is on YouTube is unwatchable shit featuring people videotaping themselves or their friends doing crap only they care about. That sort of shit is all that will be left to watch on TV or a computer screen if people in creative industries cannot make a living doing what they do. They have to get paid to keep doing it. If everyone insists on getting it for free then everyone will just do without.

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Chris Slycord
Film God

Posts: 2986
From: 청주시, 경북도, South Korea
Registered: Mar 2007


 - posted 04-17-2009 06:23 PM      Profile for Chris Slycord   Email Chris Slycord   Send New Private Message       Edit/Delete Post 
quote: Janusz Antkiewicz
That would somehow imply that there's kind of balance of power between the two opponents (here we have clearly defined adversaries)-the idea that doesn't necessarily appeal to me. It seems the entertainment industry (allow me to use this broad term to include various people connected with music/film as well as companies e.g. distributors) has a lot more resources (both creative and financial ones) than illegal downloaders (also those who share it, burn it on DVDs etc.). However the first ones are probably outnumbered. There's really nothing the rest of the people (that is those who aren't part of any of these two groups) can do to prevent the illegal activities other than preach and reason with them.
You completely undertestimate the power of the people not in industry.

Firstly, you said that the number of computer geeks around the world should ensure that this technology is good enough to not get defeated. But this point would only make sense, if most of those computer geeks were working on this technology. I bet that practically every security expert out there is NOT working on this technology. There's simply a lot of people who'd like to work against this stuff and a lot of them are really good at what they do. And the other side may have more money and are going up against people who do this stuff in their free time, but there's the problem that your security method has to work consistently for a long time for it to be a success. And all that while, those guys are working against it.

quote: Janusz Antkiewicz
Second, treating illegal downloading as an incurable disease in terms of our technical advancement and our effort in putting an end to them is not fair, however good it might at first appear. (As far as I know there's a cure that helps in some cases of cancer e.g. breast cancer and it's surgical operation.)
1) I wasn't treating this like a disease. I was merely taking your argumentation form and applying it to cancer and HIV. It's me using your argument form to come up with a counterexample.

2) Surgical removal of any part of the body is most definitely not a cure for cancer. That's not even CLOSE to a cure.

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Greg Anderson
Jedi Master Film Handler

Posts: 766
From: Ogden Valley, Utah
Registered: Nov 1999


 - posted 04-17-2009 06:25 PM      Profile for Greg Anderson   Author's Homepage   Email Greg Anderson   Send New Private Message       Edit/Delete Post 
Okay, it's cool. Simmer down. I'm really not trying to be an advocate. I'm just trying to analyze how we reached this point.

quote: Bobby Henderson
Few people get to attend test screenings. Few have access to scripts of movies in production.
Yes, and those few are usually subjected to some kind of non-disclosure agreement. So it's still wrong. And it's especially unfair, I think, to "spoil" a movie based on a script which might not even be the final draft. Whenever I've worked on movies and TV shows, the revisions are continually pouring in during production. By the end, the script supervisor's notebook is a rainbow of colored paper. (In case anyone is not aware, that's how they track script revisions during production. Different colors represent which level of re-writing has been reached.)

quote: Bobby Henderson
Anyone that likes watching movies and TV shows with any kind of budget at all had better hope the copyright laws are maintained and enforced.
Sadly, the trend seems to be moving away from high-budget TV. Kids today might be more interested in video games or going online than watching another incarnation of Law and Order or CSI. And the so-called "reality show" craze has certainly hurt episodic TV drama production around these parts. And I know a fair number of independent musicians who are simply going out of business.

I talk about kids "sharing" files online and calling themselves clever for doing it and you equate that with stealing cars. Again, the escalation in your analogy is what's hurting our cause. Most kids who think nothing of "sharing" their favorite song with their friends would never dream of stealing a car or stealing gas. When you lecture them and suggest that connection, you lose credibility with them.

Besides, the gas stations have figured out how to make you pay before you pump or use a debit card. I wonder how the music industry will come up with an air-tight way to prevent anyone from sharing a music file. And will it merely be a gigantic pain in the neck for those of us who just want the freedom to play our legitimately purchased songs on whatever stereo we already have?

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Tyler Potts
Expert Film Handler

Posts: 159
From: Anderson, SC, USA
Registered: Sep 2008


 - posted 04-17-2009 07:26 PM      Profile for Tyler Potts   Author's Homepage     Send New Private Message       Edit/Delete Post 
This brought up a discussion between me and some friends. A buddy said, "No one has ever been prosecuted for downloading music/movies. It's only the uploaders. If you clean out your upload folder, you're fine."

Is this true? I was always under the impression TONS of people have had to pay thousands of dollars for being singled out and made an example of.

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Greg Anderson
Jedi Master Film Handler

Posts: 766
From: Ogden Valley, Utah
Registered: Nov 1999


 - posted 04-17-2009 08:07 PM      Profile for Greg Anderson   Author's Homepage   Email Greg Anderson   Send New Private Message       Edit/Delete Post 
A quick Google search reveals lots of articles about people who were sued for "downloading," and some of those articles are specific about "sharing." Perhaps all of the lawsuits involved "sharing" but the reporters were sloppy about making a distinction. Nevertheless, if the articles got it wrong the recording industry will still be happy because the message to the average person is this: The record companies can get you for "downloading" and it'll ruin you financially, so you'd better not do that.

It seems like the record companies aren't even happy about legal downloading (like the iTunes music store). After all, they can no longer "force" you to pay $15 for an album that only has one good song on it. Now you can just buy what you want... except in some cases where certain songs are still only available from iTunes if you buy the whole album. Nice way to serve the customers, guys! Nice way to discourage piracy!

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Frank Angel
Film God

Posts: 5305
From: Brooklyn NY USA
Registered: Dec 1999


 - posted 04-18-2009 08:15 AM      Profile for Frank Angel   Author's Homepage   Email Frank Angel   Send New Private Message       Edit/Delete Post 
quote: Greg Anderson
I talk about kids "sharing" files online and calling themselves clever for doing it and you equate that with stealing cars. Again, the escalation in your analogy is what's hurting our cause. Most kids who think nothing of "sharing" their favorite song with their friends would never dream of stealing a car or stealing gas. When you lecture them and suggest that connection, you lose credibility with them.

I think that really is the crux of the problem -- the perception of whether or not watching a movie is hurtful to someone. You can make something illegal, you can even go after offenders like ASCAP going after some guy running a pizza store who plays music, or suing a housewife because her kid has downloaded songs on the family computer, but in the end, if the general population cannot make the connection that downloading a song is the same as stealing a car, no amount of legal har-rumphing is going to change anything, unless they think getting money from lawsuits of this kind compensates them adaquately for what they calculate they loose to downloading.

The real problem is in that 6 BILLION dollar figure the MPAA likes to trumpet as their annual loss because of pirating. They've kept upping the ante on copyright laws to favor and protect copyright owners over the years. Congress has pretty much given in to all the demands of the industry on how it wants the laws to read, but that hasn't stopped (evidently) the piracy nor has it gotten the general public to alter its perception that watching a downloaded movie is the same as stealing a car (or if you believe the MPAA, stealing a hundred cars....and Lamborginis at that). There are just certain perceptions which the industry seems not to have been able to change, and not for lack of trying, what with all the promotional efforts in this regard.

And as much as I understand Bobby's concern as an artist who earns a living by his creativity, you have to admit that there is quite a distinction between that song writer or graphic artist or novelist who actually do the real creating, and say a big record label which notoriously been known to steal from those very same artists. 20th Century Fox isn't exactly a starving artist in some loft in Soho, yet they were able to get the copyright laws changed to their decided advantage in terms of length of protection to read "the life of the artist plus 50 years" instead of the much more limited 48 year protection that was originally intended by the copyright authors. What exactly IS the life span of 20th Century Fox? Copyright monopolistic protection was supposed to be a LIMITED protection, balanced against the public's interests; it never was intended to be protection in perpetuity. But the big guys were pretty much able to rip that concept out of the law, virtually doing away with the Public Domain protection which the original law afforded John Q. Public's right to access. Those kinds of maneuvers don't help their cause.

As far good movies drying up due to piracy and downloads, I think reality seems to be proving that to be a pretty fallacious argument; if the industry can loose 6 billion dollars annually to piracy and STILL release tent-poles season after season with the occasional blockbuster, then it seems it will take allot more than piracy to make the creative juices dry up.

I am not arguing this as a justification for stealing copyrighted work, but only that the reality seems to be that in spite of all the downloads that are available in the internet and all the DVDs which I can buy on the street corners in NYC (at least 50% of the PRISTINE copies, not cam rips), the industry seems to do quite well for itself. And crying on the one hand about the dastardly consequence that the downloaded copy of Wolverine will cause, while on the other hand, making sure every tv and newspaper announces the grosses in millions on opening weekend, bragging that their feature beats out all other releases and pulls in however many millions, this is a disconnect which is not lost on the public and, like it or not, does little to change their seemingly immutable perception that downloading is nothing serious and hurts anyone. Right or wrong, it's now built into the culture and changing the perception is the only way to change the activity.

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Mike Blakesley
Film God

Posts: 12767
From: Forsyth, Montana
Registered: Jun 99


 - posted 04-18-2009 10:09 AM      Profile for Mike Blakesley   Author's Homepage   Email Mike Blakesley   Send New Private Message       Edit/Delete Post 
quote: Greg Anderson
It seems like the record companies aren't even happy about legal downloading (like the iTunes music store). After all, they can no longer "force" you to pay $15 for an album that only has one good song on it.
Well, sure! People have gone from buying a $13 album to one or two 99 cent tracks. This is probably the dumbest thing about the whole digital-music thing -- some of the industry suits actually thought their sales would NOT go down by slicing up albums into individual tracks. But they had to do that because that's what the customers want.

You guys are right about the perception vs. reality thing. OK, so downloading a tune for free is NOT as bad as stealing a car. But it IS as bad as stealing a CD from a store -- but the majority of people who would never dream of stealing a CD from a store, still don't see any harm in downloading, so that's why the media and the industry escalate the problem to make it a more "serious" looking problem.

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Greg Anderson
Jedi Master Film Handler

Posts: 766
From: Ogden Valley, Utah
Registered: Nov 1999


 - posted 04-18-2009 11:57 AM      Profile for Greg Anderson   Author's Homepage   Email Greg Anderson   Send New Private Message       Edit/Delete Post 
I think the situation is a little more complicated, still. Friends getting together to listen to music has always been a big part of how songs become popular in the first place. It’s just that, from the dawn of the record industry up until the 1990s, you couldn’t make a “perfect” copy of your friend’s recording before you went home. Now it’s easy.

The budget-strapped teenager 30 years ago (who was desperate to have his own copy of a song) might just call up his favorite radio station, request the song and then stand by with a cassette recorder until it played. This, apparently, was not illegal. So today’s teenager (whose dad used to record stuff from the radio) has a difficult time figuring out why it’s such a huge crime to “borrow” files from a friend.

(Again, I’m not an advocate… just trying to observe why we’re at this point now.)

A few months ago I listened to a speech from a “music industry expert” (I don’t really know who it was so I can’t vouch for his credentials, but he seemed to know what he was talking about) and he had determined that the proper pricing for downloaded songs (like on iTunes), considering supply-and-demand, “manufacturing costs,” royalties and a host of other factors was actually just 5 cents per song. I dare say that kind of pricing would kill most piracy. I do wonder how many record labels will try out iTunes’ new 69-cent pricing on new releases and how well that’ll boost their profits. Hmmm.

I found this satirical article last night…

RIAA Declares Using Brain to Remember Songs is Criminal Copyright Infingement

quote:
"The brain is a recording device," explained RIAA president Cary Sherman. "The act of listening is an unauthorized act of copying music to that recording device, and the act of recalling or remembering a song is unauthorized playback."


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Mike Blakesley
Film God

Posts: 12767
From: Forsyth, Montana
Registered: Jun 99


 - posted 04-18-2009 12:16 PM      Profile for Mike Blakesley   Author's Homepage   Email Mike Blakesley   Send New Private Message       Edit/Delete Post 
quote: Greg Anderson
a “music industry expert” (I don’t really know who it was so I can’t vouch for his credentials, but he seemed to know what he was talking about) and he had determined that the proper pricing for downloaded songs (like on iTunes), considering supply-and-demand, “manufacturing costs,” royalties and a host of other factors was actually just 5 cents per song.
I would say that expert is completely off his rocker. I would like to see the "host of other factors" list to see how many items he's leaving out of his calculations.

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Chris Slycord
Film God

Posts: 2986
From: 청주시, 경북도, South Korea
Registered: Mar 2007


 - posted 04-18-2009 12:55 PM      Profile for Chris Slycord   Email Chris Slycord   Send New Private Message       Edit/Delete Post 
quote: Frank Angel
And as much as I understand Bobby's concern as an artist who earns a living by his creativity, you have to admit that there is quite a distinction between that song writer or graphic artist or novelist who actually do the real creating, and say a big record label which notoriously been known to steal from those very same artists.
So your solution to artists being paid poorly is to guarantee them to be paid even less? They're paid a (very small) percentage of sales, so you making sure the sales decrease doesn't exactly help them.

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Bobby Henderson
"Ask me about Trajan."

Posts: 10973
From: Lawton, OK, USA
Registered: Apr 2001


 - posted 04-18-2009 01:25 PM      Profile for Bobby Henderson   Email Bobby Henderson   Send New Private Message       Edit/Delete Post 
Add to that the issue many band make much of their income from touring and selling merchandise on those tours. With copyright laws severely diminished anyone could create counterfeit t-shirts and all sorts of other tour-related swag.

The Chinese government is playing a pretty unique game regarding this stuff. That state encourages mass piracy and counterfeiting of western goods. However, state-funded movies and merchandise is off limits. Counterfeit that stuff and the Chinese guy doing it could end up facing a firing squad.

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Janusz Antkiewicz
Film Handler

Posts: 40
From: Wroclaw, Dolny Slask, Poland
Registered: Jan 2009


 - posted 04-18-2009 01:39 PM      Profile for Janusz Antkiewicz   Email Janusz Antkiewicz   Send New Private Message       Edit/Delete Post 
See how many things there are to be changed?

I'm not a picky customer but I'd like to propose some amendments to the existing situation, all in order to curb piracy.

First of all, I wish music/movies were as easy availible as its illegal counterparts. Impossible? Guess it is - e.g. in my country there are online shops selling individual tracks and whole albums but their offer is nothing in comparison to American biggest store.

This rises a question of law uniformity across the world-it's so complicated and different from country to country; it doesn't help either. Let me give you this example:
quote: Greg Anderson
This, apparently, was not illegal.
I'm pretty sure in my country (which is part of the EU and has its legislation adapted to "European standards") it's not against the law to taperecord music from radio- I clearly remember one of our artist, who takes part in antipiracy campaign, to encourage taperecording (seems like ideal proposal for the poor) rather than illegal filesharing.

So we come to the money issue. Don't know about an album price vs. an average wage in the USA but in my country they are way too expansive (there are not many albums I can buy for my monthly payment e.g. I can buy 62 copies of Metallica's last album and it's only because it's half a regular price).

Letting customers buy individual tracks rather than whole albums was a godd move. However I've been said that this music is not perfect i.e. (some?) tracks have lower bitrate (or something-wish I was an expert on that, too [Wink] ); the idea is that they are deprived of some (hardly distiguishable by a human) lines and beats.

Suing individual people and claiming multimillion fines is no good strategy either. I think it's been proved that a big punishment (exemplary punishment) does not actually deter people from acting against the law (as far as I can remember the research for correlation between the capital punishment that exists in some states and the number of serious crimes on their territory did not deter people from committing them). It's worth pointing out how silly this RIAA sometimes seems to act; and it's possible to win with it RIAA loses

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Greg Anderson
Jedi Master Film Handler

Posts: 766
From: Ogden Valley, Utah
Registered: Nov 1999


 - posted 04-18-2009 01:45 PM      Profile for Greg Anderson   Author's Homepage   Email Greg Anderson   Send New Private Message       Edit/Delete Post 
I admit that the 5-cent song theory sounded extreme to me too. But you can listen to the guy yourself if you want to.

It's LEGAL to download this free MP3 file of a podcast. And then listen starting at about the 31:15 mark for the relevant speech.

I suppose the reason this seems so crazy is that we've been conditioned to believe, for the past 20 years or so, that a CD should cost $15. Odd, then, that the price hasn't changed despite changes in manufacturing costs, studio costs and everything else related to creating an album. We just know, without wondering why, that a CD should cost $15. So, I found the speech interesting, to say the least.

I don't really know for sure, but I've always heard that the only way a band really makes money is by touring and selling T-shirts. The profits from the recordings are pretty-much eaten up by the record company anyway. (Again, not that it makes it okay to steal recordings, but I'm just saying that I'd rather pay the artist for the music I enjoy.)

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Mike Blakesley
Film God

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From: Forsyth, Montana
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 - posted 04-18-2009 04:55 PM      Profile for Mike Blakesley   Author's Homepage   Email Mike Blakesley   Send New Private Message       Edit/Delete Post 
quote: Greg Anderson
Odd, then, that the price hasn't changed despite changes in manufacturing costs, studio costs and everything else related to creating an album.
I don't know why I have to repeat this EVERY SINGLE TIME music discussions come up, but it's still true: CDs don't have to cost $15. Some do, but many are much less. Anything from the Universal Music Group (the largest company) has a list price of $13.98 and a shelf price would be less than that in stores. While it's true that many disks have a list price up to $18.98, the shelf price in stores can be all the way down to $13 or less and it's possible to buy far cheaper in many other ways: Catch'em on sale when they first come out, buy a used copy within days for a third of the cost on Amazon or eBay, etc.

CDs are one of the few products whose prices have come DOWN in recent years. Even movies can't make that claim.

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Greg Anderson
Jedi Master Film Handler

Posts: 766
From: Ogden Valley, Utah
Registered: Nov 1999


 - posted 04-18-2009 06:28 PM      Profile for Greg Anderson   Author's Homepage   Email Greg Anderson   Send New Private Message       Edit/Delete Post 
I can't bear the guilt of buying a used CD. How do I know that the previous owner has destroyed every back-up of the CD or every track on his iPod before I bought it. I'd feel like I was receiving stolen property. [Wink]

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