Print 122 comment(s) - last by rcc.. on Oct 7 at 12:32 PM

Movie studios revive the RIAA's "making a copy" equates to "stealing one copy" argument

The RIAA and music labels gained a bit more notoriety when one of its associates, Sony BMG's head of litigation Jennifer Pariser, remarked during a case, "When an individual makes a copy of a song for himself, I suppose we can say he stole a song." Making "a copy" of a purchased song is just "a nice way of saying 'steals just one copy'."

Now the MPAA, which typically follows closely in the RIAA's footsteps, is suing software maker RealNetworks and making similar remarks.  In a similar mentality, which some say punishes the paying customer,
Paramount Pictures, Twentieth Century Fox, Universal Studios, Warner Brothers, Columbia Pictures, the Walt Disney Company and Sony have all filed suit against the company, which claims it only wants to provide content owners with a means of backing up their DVDs.

Greg Goeckner, executive vice president and general counsel for the Motion Picture Association of America, says that users shouldn't get to copy their DVDs -- even those they own.  He states, "RealDVD should be called StealDVD.  RealNetworks knows its product violates the law, and undermines the hard-won trust that has been growing between America’s moviemakers and the technology community."

Seattle-based RealNetworks found itself targeted after it released its RealDVD software, available for $30.  RealNetworks is no rogue operator -- rather it’s the software giant behind the RealPlayer software and the Rhapsody music subscription service, the second largest legitimate online music retailer.  Nonetheless, it found itself the target of the MPAA's aggressive campaign, which seeks to block any private DVD reproduction. 

RealNetworks is standing tall against the MPAA and blasted back in a tersely worded statement Tuesday.  The statement read, "We are disappointed that the movie industry is following in the footsteps of the music industry and trying to shut down advances in technology, rather than embracing changes that provide consumers with more value and flexibility for their purchases."

RealDVD conforms to all Hollywood’s rules on DVD protection by encrypting the digital copies.  This is intended to prevent filesharing.  Still, studios claim the program violates the 1998 Digital Millennium Copyright Act, an all-reaching act used for everything from web takedowns to filesharing cases.  The studios say that by overriding anti-copying mechanisms on the DVD, RealDVD is breaking the law.  The studios are seeking an injunction to prevent the program's sales.

A frustrated RealNetworks fired back with a countersuit of its own against the studios in a federal court in San Francisco on Tuesday.

This case will like bear major ramifications on the movie industry, and DailyTech will be following it closely.

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Fair Use? Maybe?
By dflynchimp on 10/1/2008 9:30:29 AM , Rating: 5
These companies seem to think that when we purchase a copy of their media we're only purchasing a "license to use" but not "license to own". Once I hand over the money at the counter what I do with a DVD/BD is my own business, as long as I don't turn around and try to make a profit off of it (resell is a different story, tyvm eBay). Most of the movies on my harddrive I actually own a hard copy of. I don't seed them in torrent form or put them up in P2P circuits. Just because having the ability to rip a disc onto a harddrive might facilitate pirating doesn't mean that everyone who rips/decodes shares their copies over P2P.

RE: Fair Use? Maybe?
By SunAngel on 10/1/08, Rating: -1
RE: Fair Use? Maybe?
By FITCamaro on 10/1/2008 10:14:19 AM , Rating: 5
I'm not sure I've ever heard of a case where a woman tried to rape another woman. God it'd be hot to listen to the testimony though...

RE: Fair Use? Maybe?
By Gzus666 on 10/1/2008 10:33:53 AM , Rating: 2
I forget the source, but I heard of one guy, a male stripper, getting raped by a group of women. They kinda "rectally violated" if you will. Not sure if that was the story you were hoping for, ha.

RE: Fair Use? Maybe?
By Entropy42 on 10/1/2008 11:26:14 AM , Rating: 3
Pretty sure that was an episode of Law and Order.

RE: Fair Use? Maybe?
By Gzus666 on 10/1/2008 11:41:12 AM , Rating: 2
I read it in some sort of news. I never watched Law and Order, so I don't think that was it. Plus, they usually loosely base a lot of those shows on real events they see on the news.

RE: Fair Use? Maybe?
By omnicronx on 10/1/2008 11:47:19 AM , Rating: 2
Haha, I remember the episode, and the real case. The law and order episode is like 4-5 years old though, so it aired before the case in question ;) Both made me laugh pretty hard.. I mean how can you consider something rape, when you have to get it up in order for a woman to perform such an act ;)

RE: Fair Use? Maybe?
By UppityMatt on 10/1/2008 12:16:42 PM , Rating: 2
I don't know about you...but hell sometimes the wind blows and i can "get it up" as your words say. Its not hard to imagine that even though you don't want it...that region has a mind of its own.

RE: Fair Use? Maybe?
By Sunbird on 10/1/2008 12:46:01 PM , Rating: 5
Let's see how much you smile after you have been anally violated...

RE: Fair Use? Maybe?
By quiksilvr on 10/1/08, Rating: -1
RE: Fair Use? Maybe?
By quiksilvr on 10/1/2008 1:10:56 PM , Rating: 2
...too soon?

RE: Fair Use? Maybe?
By erikejw on 10/2/2008 12:41:45 AM , Rating: 3
MPAA = Music Perjury, Anal Assault

Perjury:the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law

Music Perjury also known as Anal Assault on our paying customers.

RE: Fair Use? Maybe?
By quiksilvr on 10/2/2008 3:47:54 PM , Rating: 3
Hmmm...should've said Clay Aiken...

RE: Fair Use? Maybe?
By SavagePotato on 10/2/2008 4:44:57 PM , Rating: 2
Freddie Mercury being one of the greatest vocalists and showmen of all time and universally loved...

Clay Aiken, well yeah, Clay Aiken would have gone over much better.

RE: Fair Use? Maybe?
By 325hhee on 10/1/2008 4:04:33 PM , Rating: 2
I mean how can you consider something rape

It's only rape, if the person that's doing you is ugly, or poor. Here's an example Joe Blow mentions to a gal he wants to do explicit stuff to her, that's sexual harassment, Brad Pitt says the same exact thing, word for word, that's him hitting on her.

It's a double standard, and BS. If Joe Blow forces himself on her, she'd call it rape, if Brad Pitt forces himself on her, it's not, or he'd give her hush money, and she'll deny things it ever happened.

RE: Fair Use? Maybe?
By FITCamaro on 10/1/2008 5:46:31 PM , Rating: 3
Sad but true. Hot female teacher sleeps with teenage student. Likely gets restraining order, fired, and community service. 25 year old male goes to party where a 16 year old lies about her age and sleeps with him, he's in prison for a few years and is run out of every community he ever tries to live in.

RE: Fair Use? Maybe?
By feraltoad on 10/1/2008 7:27:19 PM , Rating: 4
I know of one. This girl went on a date with another girl who was cross dressed, posing as a guy. Later in the evening, presumably after lobster, the poser female assaulted the other female with a "homemade sexual device", as the police described. I don't know why they bothered to mention it was "homemade". I guess "Nothing Says Loving Like..."

RE: Fair Use? Maybe?
By Regs on 10/1/2008 12:21:07 PM , Rating: 5
I really wish Artists can cut out the middle men and go straight to the customer.

RE: Fair Use? Maybe?
By Gzus666 on 10/1/2008 12:30:40 PM , Rating: 2
I think they could if they really go for it. As things stand with Internet as prevalent as it is, it shouldn't be too much of an issue. Most people buying the music would keep track of new releases from their favorite bands anyway, and internet radio is quite popular, and a good way to hear new bands. The need for a label to back and advertise for you is fading, hopefully they start going that route. They really get screwed by the labels anyway, so it shouldn't be too hard of a sell. On that same note though, I hope they don't go making mp3 standard or anything, cause the quality is poor compared to a CD, even with the higher sample rates.

Here is to hoping.

RE: Fair Use? Maybe?
By Regs on 10/1/2008 6:30:57 PM , Rating: 2
Dell, Inc. found a way and saved millions and made millions at the same time. The only problem I see is that Dell had brand name recognition. Does not work the same for newly formed Artists or groups. Though the benefits weigh so heavily in these artists favor in terms of market penetration and distribution costs.

Lets just think of it. Maybe one day, USA will adopt fiber optics as the standard for Internet bandwidth. Not just music we're talking about here, but Movies, games, and other media. Online retailers? The possibility to download CD quality music, arrange it on a track anyway you want, the convenience of the comfort of your own home, to sample the music before you buy...Wow, seems too good to be true. How about streaming free game demos? It's possible with today's technology. Oh but no, lets just sue everybody...

Without getting off on too much of a rant, I think that's the source of today's problems in our economy. Industry is going down the tubes because small business owners are getting devoured by these large corporations (EA, Universal Studios, Starbucks, Unions). We need to start promoting an environment for small businesses, because one day, one of the small businesses will grow into a larger one that will eventually employee thousands of Americans.

Technology is a gem of an opportunity to help our industry grow. Why aren't we producing any? Fossil fuels, 56K modems, gas hogging trucks, out dated road and transportation systems, and electrial power lines that still run above ground waiting for nearest 60mph wind guest to knock them down.

I think people are really starting to realize this, but I hope they can make the connection with the restrictions of current government. Government spending has gone crazy. Since money, goods, and services are finite, the more the government spends the less public owned businesses has the opportunity to use to grow. 500 billion in Iraq, another few billion in military contracts gone bust, a few billion dollars for security measures in the USA that are unconstitutional and pointless....

Ok I said enough. WE NEED A NEW DEAL.

RE: Fair Use? Maybe?
By Regs on 10/1/2008 7:04:36 PM , Rating: 2
And one more thing about small businesses. Small businesses bring new ideas and services to our nation. Corporations, as you may notice in today's economy, only do what's best for their own interests (stock owners who want more money for gold coat racks and their 6th house in the Hamptons). A 17 million dollar severance package for a CEO that ran a company for two weeks that went under!!!

I call it the recycle effect. Corporations go bankrupt, then people disperse to work for smaller organizations or even start one of their own with a better idea from the experience of failing. Small businesses then grow into large public owned corporations and then likely bust or get bought out by a more successful competitor. However the recycle effect has come to a screaming halt. There is no more foundation to support small businesses or individual entrepreneurs. Why? Many reasons. Large corporations are too ignorant or greedy to change with the times just to keep status quo. Regulation has to be put in place. We can no longer think with this mentality that only the rich can provide the jobs, because the rich do not share the same interests as the common man. They don't care if you have 3 starving kids. The money distribution in this country has become so constrained, that it was just a blood vessel waiting to pop. They're holding on to the money and they don't think its worth it to invest for new opportunities for people like you. My company (run by the French) is mostly owned by middle eastern oil company's and another French owned cosmetic company. Do you honestly think they care? They'll sell their stocks in a heart beat and invest in some other foreign industry (like toy making in China or Arms dealers for the USSR).

There are so many good ideas out there that are being squashed by burcratic non-sense, the public resilience and fear of change, and a abused and burdened legal system, that it no longer makes me angry, but just down-right sad.

Every time I drive my 10 miles to work, that now takes me over an hour in traffic from a inept and out dated road system (and the fact that all the jobs moved to the coasts of the USA), I'm reminded of how corrupt and greedy our country has become. We let it happen, we turned a blind eye, now it's our time to pay. Pay we shall, until the problem is fixed. I know I sound like Ralf Nader on roids, but this is the reality we now face. We wait for a crysis to finally find time to face the problems.

RE: Fair Use? Maybe?
By kkwst2 on 10/1/2008 9:20:43 PM , Rating: 3
Whoa. Get a blog, dude.

RE: Fair Use? Maybe?
By pm on 10/1/2008 2:05:25 PM , Rating: 2
Michael Moore did this with his new movie "Slacker Uprising".

RE: Fair Use? Maybe?
By foolsgambit11 on 10/1/2008 1:42:13 PM , Rating: 2
There is a problem though, if you buy a movie, rip a copy for yourself, and then sell the hard copy of the movie. When you sell the hard copy, you are also transferring your 'license to own' as you call it. There's also the problem of people who get a 'license to use' (i.e., rent movies) and then rip them.

Most people in America (maybe not most people here) don't rip copies of their movies. They don't because they don't realize how easy it is. There are programs that make it easy, but most of them you'd have to go out of your way to find. But so many people use Real products, when Real pushes other products in their line (like the DVD copier), it introduces a lot of new people to the game. I think that's really what the MPAA is trying to stop.

I don't know exactly what Real does with their product, and the line of what's legit and what isn't is so ill-defined, I won't venture to guess whether Real or the MPAA will win out in this thing.

RE: Fair Use? Maybe?
By TOAOCyrus on 10/1/2008 2:09:27 PM , Rating: 3
I dunno, I would interperate "license to use" as the right for me to view the movie regardless of media. Kinda like MS doesnt care how you install Windows as long as you have a license. On the other hand just owning the physical media and making a copy could be compared to buying a designer hat and making a copy.

RE: Fair Use? Maybe?
By theapparition on 10/1/2008 2:41:20 PM , Rating: 5
I have no problem with movie studio's new insistance that we only purchase "rights", not ownership.......only if they then agree to provide those rights into any format I request, and replace damaged media for free.

Until they offer this (and I won't hold my breath), I will consider the purchase of physical media as ownership.

RE: Fair Use? Maybe?
By Solandri on 10/1/2008 3:11:49 PM , Rating: 5
Don't forget free/discounted upgrades. If I already have a license for a movie on DVD and want to get it on Blu-Ray, I shouldn't have to pay the same price as if I had no license at all.

RE: Fair Use? Maybe?
By download7 on 10/1/2008 11:57:57 PM , Rating: 2
And Also dont forget that you/we want to be able to play this licensed movie on any device we have without stupid DRM BS.

RE: Fair Use? Maybe?
By Alexstarfire on 10/2/2008 8:53:47 AM , Rating: 2
Here's to the day hell freezes over. Cheers.

RE: Fair Use? Maybe?
By rcc on 10/1/08, Rating: 0
RE: Fair Use? Maybe?
By Jimbo1234 on 10/1/2008 10:25:53 PM , Rating: 2
A dish has no content. However, I buy a paper dish for parties so my real dishes don't get broken. This is equivelant to buying a blank disc to put your movie (desert) onto in the car so the kids don't trash the original.

RE: Fair Use? Maybe?
By theapparition on 10/3/2008 5:51:32 PM , Rating: 2
Maybe the dumbest reply I've every read. I'm usually not that hard on people, but do you even have a clue?

Maybe this will clear it up.......maybe???

If I buy a dish, and break it.......I don't expect them to replace it.
If I buy a dish "licence".........I absolutely expect them to replace it.

Got it?

RE: Fair Use? Maybe?
By rcc on 10/7/2008 12:32:00 PM , Rating: 2
Nope, I don't get it. In the example, the OP broke the media. The license was still valid.

See, he broke something......... His problem, he pays. Get it????

I agree that there are other marketing methods that may work better for this industry. But as far as back ups go, it's a matter of convenience, it's easy to do so people expect they should be able to do it. If that were the limit, no one would have a problem. But, someone always has to take advantage, and that ruins it for everyone else.

I'd love to have a back up of my car, or dishwasher.... But even if I'm leasing a car, I'm responsible for damage I do to it.

So, go buy a clue if you need one. And take your petty self righteous attitude with you.

All meant in the nicest possible way, and IMNSHO, of course.

RE: Fair Use? Maybe?
By Denithor on 10/2/2008 3:14:34 PM , Rating: 2
I think this is the key problem, they won't replace damaged media. I have a buddy who makes copies of all his kids' Disney movies because, let's face it, kids are tough on relatively fragile DVDs. One good scratch and you gotta buy another copy of their favorite movie? Gimme a break...

"Young lady, in this house we obey the laws of thermodynamics!" -- Homer Simpson

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