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.

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.

Make good stuff, then make it easy for people to buy it. There’s your anti-piracy plan.

Following his amusingly flippant tweet about the MegaUpload closure, Jonathon Coulton gives the issue some further thought. Well worth a read if you are interested in the ongoing piracy debate.

Make good stuff, then make it easy for people to buy it. There’s your anti-piracy plan. The big content companies are TERRIBLE at doing both of these things, so it’s no wonder they’re not doing so well in the current environment. And right now everyone’s fighting to control distribution channels, which is why I can’t watch Star Wars on Netflix or iTunes. It’s fine if you want to have that fight, but don’t yell and scream about how you’re losing business to piracy when your stuff isn’t even available in the box I have on top of my TV.

A lot of us have figured out how to do this. So if you can stand me sounding a little crazy, listen: where is the proof that piracy causes economic harm to anyone? Looking at the music business, yes profits have gone down ever since Napster, but has anyone effectively demonstrated the causal link between that and piracy? There are many alternate theories (people buying songs and not whole albums, music sucking more, niches and indie acts becoming more viable, etc.). The Swiss government did a study and determined that unauthorized downloading (which 1/3 of their citizens do) does not create any loss in revenue for the entertainment industry.

MegaUpload by Jonathan Coulton

 

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.

vs

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.

UltraViolet service offering digital locker of films and TV planned for UK | Media | guardian.co.uk

An interesting approach to tackling piracy is being launched in the UK. Consumers often find it frustrating that they are expected to pay for content but then cannot easily access it on different types of device. In the past the industry has liked the idea that people would pay again for it in a new format, upgrading vinyl to CDs and VHS to DVD then Blu-Ray. However, the public has been less keen, often upgrading via piracy. This new service will mean digital copies of DVDs and Blu-Rays will be able to be downloaded or streamed to a wide variety of devices. This is particularly relevant to AS Film Studies FM2.

A consortium including Warner Bros, Sony Pictures and Fox are backing the UK launch of a new service that aims to revolutionise home entertainment, and cut piracy, by offering consumers a digital locker of films and TV shows they can watch on any device.

The UK is the second market to launch the UltraViolet service, a digital library for films and TV shows, which gives consumers the rights to “buy once, play anywhere” on as many as 12 devices.

UltraViolet’s backers – 75 companies as varied as Tesco, Samsung, Nokia, Sky and LoveFilm – claim their open system has the edge over more restricted services offered by Apple and Disney.

When a consumer buys a DVD or Blu-ray disc of the title they will get a code they can use to download or stream a digital version of the film or TV show and build up a virtual locker.

via UltraViolet service offering digital locker of films and TV planned for UK | Media | guardian.co.uk.

Movie fans turn to piracy when the online cupboard is bare | Technology | guardian.co.uk

This Cory Doctorow article looks at the difficulties in obtaining high quality legal downloads of films. It seems that it remains much easier to illegally download, and the quality will probably be better too. He also casts doubt on the industry’s claims of lost earnings through piracy.

ORG’s study Can’t look now: finding film online investigated the lawful availability of downloads for “recent bestsellers and catalogues of critically acclaimed films, including the top 50 British films” and what they found was that the claims of the lawful market for movies are as evidence-free as the piracy claims they accompany.

Here’s what ORG found: though close to 100% of their sample were available as DVDs, more than half of the top 50 UK films of all time were not available as downloads. The numbers are only slightly better for Bafta winners: just 58% of Bafta best film winners since 1960 can be bought or rented as digital downloads (the bulk of these are through iTunes – take away the iTunes marketplace, which isn’t available unless you use Mac or Windows, and only 27% of the Bafta winners can be had legally).

And while recent blockbusters fare better, it’s still a patchwork, requiring the public to open accounts with several services to access the whole catalogue (which still has many important omissions).

But even in those marketplaces, movies are a bad deal – movie prices are about 30% to 50% higher when downloaded over the internet versus buying the same movies on DVDs. Some entertainment industry insiders argue that DVDs, boxes and so forth add negligible expense to their bottom line, but it’s hard to see how movie could cost less on physical DVDs than as ethereal bits, unless the explanation is price-gouging. To add insult to injury, the high-priced online versions are often sold at lower resolutions than the same movies on cheap DVDs.

via Movie fans turn to piracy when the online cupboard is bare | Technology | guardian.co.uk.