Piracy roundup

There have been several interesting contributions to the piracy debate recently, too many to give each one an individual post. This Oatmeal cartoon has been circulating widely on Twitter and elsewhere, encapsulating the commonly held view that piracy is worsened by the fact that it can be very difficult to legally buy digital content in some cases, an argument also recently expressed by Matt Gemmell. An older Boing Boing post is also relevant here, about how much more frustrating it is to watch a legal DVD copy than a pirate one due to unskippable anti-piracy messages and trailers.

Reasoned responses have come from Andy Ihnatko and Craig Grannell who both make a similar point – that difficulty in buying something doesn’t mean we are entitled to steal it – whilst acknowledging the point The Oatmeal post makes.

The essence of the argument is as follows:

  • Pirates – media institutions make it too hard to buy digital content, by making it more expensive than DVDs, not available in all regions at the same time, not compatible with a wide range of devices, or simply not available at all. Piracy would be reduced if it was easier to be a legal consumer.
  • Non-pirates (if we are sticking with the established nautical metaphor, is this the navy?) – we are talking about entertainment products here, not food or medicine required to save lives. Difficulties in easily obtaining a media product legally does not mean that we are therefore entitled to steal it instead. It is possible to simply wait until it is available, buy a DVD copy or just go without.

Finally, reports yesterday also said that The Pirate Bay may well soon be blocked in the UK, much as Newzbin2 was, as attempts to censor the internet in order to protect the interests of media institutions continue.

Hang The Pirates — But Start With The Movie Moguls And Record Execs « Nosey Parker

This piece by Al Parker of the Toronto Sun is well worth a read for anyone interested in the MegaUpload shutdown:

Law enforcement agents smash their way into a private building with sledgehammers and crowbars as part of a broad organized crackdown on “pirates” and “outlaws” who are brazenly flouting U.S. copyright and patent law, supposedly costing the legitimate copyright and patent holders a fortune in lost — “stolen” — revenue.

The legally mandated enforcers cause extensive, malicious damage and confiscate equipment, files, material and money that are the legal property of the building’s owner, who is charged with a variety of offences related to the alleged theft of intellectual property in the form of motion-picture films and technology.

Having shut down the business of the building without the necessity of a guilty verdict in court and having appropriated private property, again without a court finding of guilt, the enforcers leave the victim of their legally sanctioned invasion to pick up the broken pieces of his life.

Sounds a lot like Kim Dotcom (nee Schmitz), the Internet tycoon currently sitting in a New Zealand jail waiting for the U.S. government and its Hollywood backers to finally, slowly (the U.S. won’t actually produce documents for another month) get around to filing a formal extradition request on copyright infringement conspiracy charges.

But it’s not.

The victim could have been Carl Laemmle or William Fox or one of the dozen other independent producers who were later glorified as the founders of Hollywood. The legal enforcers were hired thugs representing Thomas Edison’s motion picture trust, a monopoly combine that controlled almost all aspects of movie technology, production and distribution in the U.S. before World War I. And the time was 1910 — more than 100 years ago.

Hang The Pirates — But Start With The Movie Moguls And Record Execs « Nosey Parker.

Observations on film art : Pandora’s digital box: Art house, smart house

Another fascinating, lengthy article about the impact the move towards digital projection is having on independent and arthouse cinemas. As larger cinemas move towards digital-only projection systems, fewer films will be released on 35mm. Whilst chains can afford to convert to the latest tech, it’s often prohibitively expensive for arthouse cinemas which may be forced to project from Blu-Ray or even DVD:

Theatres’ conversion from 35mm film to digital presentation was designed by and for an industry that deals in mass output, saturation releases, and quick turnover. A movie comes out on Friday, fills as many as 4,000 screens around the country, makes most of its money within a month or less, and then shows up on VoD, PPV, DVD, or some other acronym. The ancillary outlets yield much more revenue to the studios, but the theatrical release is crucial in establishing awareness of the film.

Given this shock-and-awe business plan, movies on film stock look wasteful. You make, ship, and store several thousand 35mm prints that will be worthless in a few months. (I’ve seen trash bags stuffed with Harry Potter reels destined for destruction.) Pushing a movie in and out of multiplexes on digital files makes more sense.

And on the subject of Video on Demand:

Ancillary income from DVD has declined steeply, and VoD pays well. According to Josh Dickey’s Variety article and Daniel Miller’s Hollywood Reporter piece on the rise of VoD deals, Margin Call, which attracted $5.3 million theatrically, took in an estimated $4-$5 million on VoD. Another advantage is that streaming provides fast returns, while any DVD income won’t show up for many months. Moreover, VoD can reach audiences in areas of the country that don’t have art houses. And some distributors believe that the theatrical and VoD audiences don’t significantly overlap. For Margin Call, it’s claimed, most people who saw it in the theatre didn’t know that it was on VoD, and many who caught it on VoD would not have gone to a theatre.

There don’t seem to be any firm conclusions about how much day-and-date or early release on VoD can harm a film’s theatrical release. In the absence of detailed evidence about VoD grosses, exhibitors are understandably nervous.

via Observations on film art : Pandora’s digital box: Art house, smart house.

UK box office passes the magic £1bn mark thanks to Harry Potter | Film | guardian.co.uk

This Guardian article looks at the UK box office for 2011 and includes a top ten for the year. Unusually, the three best performing films were all British – the final Harry Potter, The King’s Speech and The Inbetweeners Movie.

The UK box office hit £1bn for the first time in 2011 following a year which saw successes for the final film in the Harry Potter series and independent blockbusters such as The King’s Speech and The Inbetweeners.

The British Film Institute revealed yesterday that total earnings were up 5% to £1.04bn, while total admissions rose 1.4 % for a total of 171.6m tickets sold, despite the nation’s continuing economic woes. British-made independent films had a particularly good year, winning a market share of 13.5%, while films either made in Britain or financed here managed an impressive 36.2% share – up from 24% in 2010.

via UK box office passes the magic £1bn mark thanks to Harry Potter | Film | guardian.co.uk.

The Sky is Rising: report shows that entertainment industry is thriving; anti-piracy laws are about profit-maximization, not survival – Boing Boing

Whilst we face a radically changed internet in order to try and limit piracy, this Cory Doctorow post links to a report showing how entertainment revenue has risen during the period it is supposed to have been harmed.

The Sky is Rising: report shows that entertainment industry is thriving; anti-piracy laws are about profit-maximization, not survival – Boing Boing.

Pirating the Oscars 2012: Ten Years of Data – Waxy.org

Andy Baio’s annual Oscar piracy post contains lots of great data useful for AS Film students and any A2 Media case studies  or coursework related to film piracy.

Every year, the MPAA tries desperately to stop Oscar screeners — the review copies sent to Academy voters — from leaking online. And every year, teenage boys battling for street cred always seem to defeat whatever obstacles Hollywood throws at them.

For the last 10 years, I’ve tracked the online distribution of Oscar-nominated films, going back to 2003. Using a number of sources (see below for methodology), I’ve compiled a massive spreadsheet, now updated to include 310 films.

This year, for the first time, I’m calling it: after three years of declines, the MPAA seems to be winning the battle to stop screener leaks. But why?

via Pirating the Oscars 2012: Ten Years of Data – Waxy.org.

Piracy is part of the digital ecosystem | Technology | guardian.co.uk

More on piracy from The Guardian:

At the last Consumer Electronic Show, the British market intelligence firm Envisional presented its remarkable State of Digital Piracy Study. Here are some highlights:

• Pirated contents accounts for 24% of the worldwide internet bandwidth consumption.

• The biggest chunk is carried by bittorrent (the protocol used for file sharing); it weighs about 40% of the illegitimate content in Europe and 20% in the US (including downstream and upstream). Worldwide, bittorrent gets 250 million UVs per month.

• The second tier is made by the so-called cyberlockers (5% of the global bandwidth), among them the infamous Megaupload, raided a few days ago by the FBI and the New Zealand police. On the 500 million uniques visitors per month to cyberlockers, Megaupload drained 93 million UVs. (To put things in perspective, the entire US newspaper industry gets about 110 million UVs per month). The Cyberlockers segment has twice the users but consumes eight times less bandwidth than bittorrent simply because files are much bigger on the peer-to-peer system.

• The third significant segment in piracy is illegal video streaming (1.4% of the global bandwidth.)

There are three ways to fight piracy: endless legal actions, legally blocking access, or creating alternative legit offers.

I think this is the interesting point – creating alternative legitimate ways of getting digital content cuts piracy.

Compare the difference in US and EU internet traffic:

US – Netflix takes the largest chunk

EU – Bittorrent takes the largest chunk

via Piracy is part of the digital ecosystem | Technology | guardian.co.uk.

Dangerous Minds | Kiss your free movies and music goodbye: Is the era of digital piracy over?

In light of the Megaupload closure, Richard Metzger believes this is the end of the era of the cyber-locker.

If you’ve been illegally downloading movies, music, software, e-books, pr0n or anything else from the Internet’s various file sharing cyber-locker services like Megaupload or Filesonic—and you know who you are—then I hope you got your fill, because you can pretty kiss those days goodbye.

After the arrest in New Zealand last week of German-born Megaupload founder Kim Dotcom (AKA Kim Schmitz), several—most—of the file-sharing businesses are opting to close suddenly or greatly modifying their business models

via Dangerous Minds | Kiss your free movies and music goodbye: Is the era of digital piracy over?.

Was Megaupload bad for the creative industries? | Loz Kaye and Frances Moore | Comment is free | guardian.co.uk

Last week Megaupload, a high profile ‘file locker’ that allegedly hosted much pirated content, was been closed down and the operators arrested. The Guardian asks representatives from the Pirate party and the IFPI what harm the site caused.

The accusation against Megaupload was that it caused £300m in lost sales. But there’s no concrete evidence for that, or that shutting a site down will result in finding even a portion of that £300m. It’s claimed that the controversial Digital Economy Act will bring £200m yearly into the creative sector, but where is this money going to come from while incomes are squeezed?…We all – pirates and artists – have an interest in a properly functioning and free internet. Last year 70% of the total volume of British music sales were digital. The BPI would do well to remember that its future income is dependant on the very people it is currently antagonising.

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The problem with piracy is that it kills investment in culture – not just the financial investment of a music or film company, but the creative investment of the artist and creator. It takes time, toil and money to make that track or album that will inspire audiences across the world. That is why we have copyright, which is founded on the principle that those who create have the right to choose how their works are exploited.

via Was Megaupload bad for the creative industries? | Loz Kaye and Frances Moore | Comment is free | guardian.co.uk.