Why Do Elections Officials Always Seem To Side With E-Voting Companies Over Voter Concerns?

A Year In Jail For Filming 20 Seconds Of A Movie?

from the disconnect-with-reality dept

Fri, Aug 3rd 2007 12:33am — Mike Masnick

For some odd reason, the movie industry has been really focused on the supposed camcorder threat this year. They've been talking it up with completely unsubstantiated numbers and getting various governments to pass stricter laws, making it a crime to record movies. The thing is, it's already against the law in most places. These laws are just much stricter. However, the bigger issue is that camcording is the least of the industry's worries. After all, a large percentage of the movies that are downloadable online aren't from camcorders, but are leaked from Hollywood insiders. More importantly, every movie is available online. You're simply not going to stop movies from getting online by throwing some kids with camcorders in jail. All it takes is for one copy to get online and then it's available to everyone. Stopping 99% of the people putting movies online won't make the movie any less available because all it takes is that one person to get a copy online and it can spread like wildfire. Finally, downloadable movies do not appear to be a substitute for the social experience of going to the movies. We've seen this over and over and over again -- most recently with the Simpsons Movie.

But what happens when you get into the habit of treating your customers like criminals and even get laws past to make it easier to accuse them of crimes? You get ridiculous situations like the story of a 19-year-old girl on her birthday who was having some fun with a video camera to record her trip to the local mall. She and her boyfriend went to see a movie and she decided to film about 20 seconds of it to later send to her brother to convince him to go see the movie (yes, to promote the movie, so her brother might become a paying customer). Instead, she was arrested and now faces fines and jailtime. You would think that anyone would recognize this wasn't a movie pirating situation and let it go -- but instead, the theater owner, Regal Cinemas, is pressing charges, while the MPAA is citing its discredited bogus stats as a reason that this type of action makes sense. It's difficult to see how this benefits the movie business in any way. It's scaring off people from going to the theaters, treating movie fans as criminals and discouraging them from promoting movies to their friends. Plus, on top of it all, a company like Regal Cinemas is making itself look like a bully. This helps the industry how exactly?

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: camcording, movies, mpaa
Companies: mpaa, regal cinemas

53 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Gary H., 3 Aug 2007 @ 1:26am

Year In Jail For Filming 20 Seconds.
"she decided to film about 20 seconds of it to later send to her brother to convince him to go see the movie" smells like a big smelly pile of doodoo! Tell your brother to go on-line and check out the previews like everyone else. Who DOESN'T know that taping a movie is illegal?

I agree that the MPAA can go too far sometimes and "downloadable movies do not appear to be a substitute for the social experience of going to the movies" but the pitiful arguments (there are many) this article makes only hurt the cause.
[ link to this | view in thread ]
anon, 3 Aug 2007 @ 1:32am

What's the deal with these movie things I keep hearing about? Who the hell can afford time from work or sleep to go out and PAY to have a good time? Movies should be outlawed. That will shut up the MPAA...permanently.
[ link to this | view in thread ]
Anonymous Coward, 3 Aug 2007 @ 1:33am

the real problem
If the movie industry wants to know what hurts their business, I’ll tell them. It’s not me downloading a movie, it’s the fact that my son is only two and the wife and I haven’t been able to “just go to the movies.”

We use to be avid movie goers, at least three or four movies per month if not more, when my son was born that all changed, but not the desire. When we get the chance we love going to the theater, price isn’t that big of deal, it never was, it’s simply a matter of opportunity. Now we have to coordinate our schedule line up a sitter, and pick a time to be back before it’s too late.

Now we just wait for DVD release, if it’s really something I want to see (300/Transformers) I’ll look for a download and guess what, they were so good we decided to actually see them on the big screen just for the effect. “300” came out Tuesday, guess what I bought.

So, some kid filming a movie is not the problem folks, mass black markets like China and Yugoslavia are your worries and half the time those are leaked Hollywood screeners. Don’t be like the RIAA, your customers are still with you; do not alienate another form of media entertainment for unfounded worries of internet downloads.
[ link to this | view in thread ]
Lord Farquhart, 3 Aug 2007 @ 1:38am

Surely...
...as the article in the Post suggests, common sense MUST prevail in court?

If not, there should be a co-ordinated mass protest...everyone should take cameras into their local cinema on a given day and record 20-second clips of the film (=movie ;) ) being screened! They can't arrest EVERYBODY!!
[ link to this | view in thread ]
Mike (profile), 3 Aug 2007 @ 1:40am

Re: Year In Jail For Filming 20 Seconds.
he pitiful arguments (there are many) this article makes only hurt the cause.

Why is it that nearly every time someone says that I've made bad arguments, they don't bother to point them out so I can actually see whether or not the arguments are bad (and if they're not bad, respond). Seriously, point out the bad arguments so we can have a discussion. Otherwise, it's tough to know what to respond to.
[ link to this | view in thread ]
Mike (profile), 3 Aug 2007 @ 1:42am

Re: Year In Jail For Filming 20 Seconds.
Tell your brother to go on-line and check out the previews like everyone else. Who DOESN'T know that taping a movie is illegal?

What if she felt it was more personal if she could prove that she saw the movie and liked it? It wasn't about showing *the film*. It was about showing that she went to it.

And, in that spirit, why would she think it was illegal to pull out her camcorder? She KNEW she wasn't taping much of the actual movie. She KNEW there was no commercial damage being done. It's completely natural that she wouldn't think what she was doing was illegal.
[ link to this | view in thread ]
Bas, 3 Aug 2007 @ 1:44am

Probably STEALING a handycam has a lower punishment...
[ link to this | view in thread ]
GP, 3 Aug 2007 @ 1:50am

Come on......
Are you kidding me? The movie was part of the experience she was filming.
I agree with you that recording a movie is illegal not to mention that it takes the fun out of the movie experience.
I can also see why the cinema might have suspected illegal activities initially and maybe she should have requested their permission beforehand but seriously...jailtime??? For 20 seconds of footage???
Does the law replace common sence???

Even if she was lying...I'm sure that you could probably download a better quality version on the internet anyway, which is the point of the article I believe. The MPAA would be better served with thinking up a smarter way of serving their paying customers....this is just a bully's solution and it doesnt even solve the problem!!
[ link to this | view in thread ]
Dion Moult, 3 Aug 2007 @ 1:56am

Well, it's a bit harsh...
I agree she should've known it was illegal...but please, it's a bit harsh for her. Jail time? I think that's overdoing it.
[ link to this | view in thread ]
Regal Cinemas CEO (MPAA Lapdog), 3 Aug 2007 @ 2:04am

Re: Surely...
Oh we can, and will...
[ link to this | view in thread ]
The Swiss Cheese Monster, 3 Aug 2007 @ 2:21am

Re: the real problem
I knew that black people were to blame somehow.
[ link to this | view in thread ]
Anonymous Coward, 3 Aug 2007 @ 4:35am

Why is the burden not on the owners of the movie theatre? It doesn't even make sense that it should be on the courts. It is up to the movie owner to decide whether someone has been recording the ENTIRE movie in order to put it up online (even though I could find a better copy anyway) and someone who makes a 20 second clip. And to those that are blaming the girl because she should have known. First off, dumb laws need to be broken to show how silly they are. Second off, when its your birthday and you are having fun, do you think to yourself, "hmm perhaps i shouldn't record 20 seconds of this movie because my little bro will love it. i might get arrested."
[ link to this | view in thread ]
Charles Griswold, 3 Aug 2007 @ 4:49am

Re: Surely...
[E]veryone should take cameras into their local cinema on a given day and record 20-second clips of the film . . . They can't arrest EVERYBODY!!
Actually, yes they could. It wouldn't be the first (or last, probably) mass arrest in U.S. history.
[ link to this | view in thread ]
Bob Knight, 3 Aug 2007 @ 5:56am

Jury Nullification a right recognized by the Supre
Get on a jury, find them not guilty, stop this bullshit.
Research Jury Nullification a right recognized by the Supreme Court.
[ link to this | view in thread ]
your kidding right, 3 Aug 2007 @ 5:57am

Re: Re: the real problem
what kind of statement is that. Hope your just trying to stir people up. I know you can't be serious.
[ link to this | view in thread ]
Anonymous Coward, 3 Aug 2007 @ 5:58am

Is it illegal?
It would seem that this actually fits pretty neatly into the "fair use" exception. Taking a small excerpt of a copyrighted work for private review purposes is perfectly legal, and this shouldn't be a criminal matter.

On the other hand, if the activity violated the theater's policy, asking them to leave could have been perfectly legitimate.

Finally, if the theater confiscated the video camera and had someone arrested for legal activities, there may be well be some liability for the theater.
[ link to this | view in thread ]
Myk Jones, 3 Aug 2007 @ 6:00am

Losing their grip
Has anyone heard about the nightclub in nyc being charged thousands for "playing music"!? WTF!! The corporations are just trying anything and everything to control what they've all ready lost. Read about it here: http://www.nypost.com/seven/08022007/news/regionalnews/no_license_to_trill_regionalnews_chuck_bennet t.htm
[ link to this | view in thread ]
npgmbr, 3 Aug 2007 @ 6:11am

Don't Feel Sorry for Her at All
This woman is not stupid. She knew what she was doing was wrong. If she wanted to convince her brother to see the movie she could have easily sat him down infront of a computer to look at the many trailers offered online. No I don't feel sorry for her and this is not a ridiculous event because what she did was against the law. Its time we stop excusing peoples behavior because we don't agree with the policies of the particular organization that the offender has violated.
[ link to this | view in thread ]
npgmbr, 3 Aug 2007 @ 6:17am

Re: Don't Feel Sorry for Her at All
However, I don't agree that she should get a year in jail, thats the part thats stupid!
[ link to this | view in thread ]
pacija, 3 Aug 2007 @ 6:40am

Re: the real problem
Hahahahahaha this gave me so much laugh. But also the sadness. Nasty evil Yugoslavia (btw. this country does not exist for more than four years) takes profits from American movie industry. Why is it so poor then? Also, did you know that 'Yugoslavia' was forbidden to import anything (including movies, music, food etc.) during the period of more than 10 years in the '90s? So u think those people living there should just have waited 10 years for embargo to stop to see the first movie, or to travel to Hungary to cinema?
I apologize i spoiled quality of your life, Anonymous coward, being citizen of 'Yugoslavia'. Long live Hollywood and corporations. Kill the freedom. Kill the poor.
;)
[ link to this | view in thread ]
Anonymous Coward, 3 Aug 2007 @ 6:41am

The article said that the clip was taken with a cannon power shot. If I am not mistaken that is a digital camera with the ability to take short clips. Is it even possible to record an entire move with it?
[ link to this | view in thread ]
John Duncan Yoyo, 3 Aug 2007 @ 6:43am

Re: Jury Nullification a right recognized by the S
We need a new standard. Not Guilty enough- yes we the jury recognize they did something wrong but it certainly isn't enough to be punished with the full force of the law that is being applied.
[ link to this | view in thread ]
bubba C, 3 Aug 2007 @ 6:43am

Re: Don't Feel Sorry for Her at All
the next time you go through a yellow and it turns red you should get a year in Jail and see how you like it... (expletive deleted)
[ link to this | view in thread ]
Overcast, 3 Aug 2007 @ 6:51am

is not a ridiculous event because what she did was against the law.

When people get less time for manslaughter and rape? Yeah.... right...

I mean ol' Scooter Libby got a pardon for perjury and obstruction of justice - let's not forget what Paris Hilton got for repeated drunk driving, nor let us forget what Sandy Berger got for stealing government archives

And she gets a year for this?

YES, I AGREE!!! SHE GOT WHAT SHE DESERVED!!!

We can clearly see where the justice system's priorities are.
[ link to this | view in thread ]
Lazloman, 3 Aug 2007 @ 6:55am

Re: Year In Jail For Filming 20 Seconds.
I agree, she asked for this.
[ link to this | view in thread ]
Overcast, 3 Aug 2007 @ 6:56am

the next time you go through a yellow and it turns red you should get a year in Jail and see how you like it...

Yes, I agree - or tailgate, speed, etc.
[ link to this | view in thread ]
Anonymous Coward, 3 Aug 2007 @ 6:57am

keep it real
How is this situation "scaring off people from going to the theaters"? Both sides of the MPAA debate tend to make overblown statements.
[ link to this | view in thread ]
npgmbr, 3 Aug 2007 @ 6:59am

Re: Don't Feel Sorry for Her at All
bubba C,
If I run a red light I'll automatically get a ticket if a camera is installed at that intersection. If a police officer is three I'll possibly get my license suspended and points on my record. But if I was stupid enough to do it then I deserve what I get. But the honest truth is that I don't run red lights because I don't want to be responsible for ruining the life of another person for my own selfish desires and I certainly don't want to be stuck having the pay the VA any excessive fees associated with wreckless driving.

What you fail to realize is that our actions have consequences. Stupidity is no escuse for violating a law.
[ link to this | view in thread ]
npgmbr, 3 Aug 2007 @ 7:02am

Re: Re: Don't Feel Sorry for Her at All
Furthermore, I stated right after my first post that I didn't agree with the punishment. READ it again.
[ link to this | view in thread ]
AnonyMOOSE, 3 Aug 2007 @ 7:20am

I was just foolin' around at a party and having a good time when I saw a passed out girl and took her panties down and put just the tip of my penis inside of her when her boyfriend came over and pummeled me and had me arrested for rape. I was only messin' around and wasn't even gonna put it in all the way and wasn't even gonna try to cum or nothin'. Now I'm about to be convicted of a rape and I didn't even get a happy ending. Somebody please HELP ME!!!

(She is facing a year in jail for being stupid.)
[ link to this | view in thread ]
ACumia, 3 Aug 2007 @ 7:37am

Regal
Want me to go back to the movies?

Maybe regal can spend some of their time escorting out the 20 black youth that feel like they need to talk on their cell phone or exchange long coversations while the movie is playing.

Yes, it's racist. Yes, it's stereotyping. It's also accurate.
[ link to this | view in thread ]
Dan, 3 Aug 2007 @ 8:12am

Was what she did illegal? Yes
Does she deserve some sort of punishment? Yes
Can it be argued that a full year in jail is too harsh? Yes

For 20 seconds of film, she needs to remain in jail for a full year. You can say she got what she deserved, but think about this, she is told she will remain in jail for a year simply because she filmed 20 seconds of a video. I am not argueing that what she is did was right, nor am I saying she should get off the hook, however I do believe this is an excessive punishment for her crime.
[ link to this | view in thread ]
npgmbr, 3 Aug 2007 @ 8:16am

Re:
My God MOOSE, that was drop dead funny.
You just made my day with that one!
[ link to this | view in thread ]
rstr5105, 3 Aug 2007 @ 8:18am

Uhhh....
It's been mentioned before and I'll state it again,

IT WASN'T Illegal! She was taping the clip for Personal Review Purposes! It's fair use and not infringement.

Although I suppose it also depends on where in the film she started taping, because if she started taping at the beginning of the movie her intent COULD have been to film the whole thing.
[ link to this | view in thread ]
Geoffrey Kidd, 3 Aug 2007 @ 8:25am

Piracy NOT the issue, Proportional Response IS
20 seconds = 1 year in jail. That's rather like being cut off on the sidewalk by a skateboarder and shooting him. The response is *NOT* I repeat *NOT* proportional to the magnitude of the mistake.

Taking the camcorder from her until the movie's over. Fine.

Kicking her and camcorder out of the theater. Fine.

Banning her from the theater. Marginal.

1 year in jail. Bullying.
[ link to this | view in thread ]
nipseyrussell, 3 Aug 2007 @ 8:49am

i've never sided with anti-pirate forces before, but here i have to agree. why the hell was her camera out in the first place? shes as bad as the people talking, using phones, etc. you're at the movies not your living room. SHUT UP, SIT DOWN, AND WATCH THE MOVIE....or go to jail! i love it
now if they would incarcerate the other filth at the movies maybe it would be a more pleasant experience and people would start to go back.
[ link to this | view in thread ]
Anonymous Coward, 3 Aug 2007 @ 9:05am

Re: Don't Feel Sorry for Her at All
You are an a$$hole. Do not speed pn the way to work. Do not fail to claim yard sale income on your taxes and make sure EVERYTHING you ever buy from anywhere is totally legal or else you to must go to jail! A$$hole!
[ link to this | view in thread ]
Anonymous Coward, 3 Aug 2007 @ 9:06am

Re: Re: Year In Jail For Filming 20 Seconds.
U2 are an A$$hole
[ link to this | view in thread ]
Anonymous Coward, 3 Aug 2007 @ 9:08am

Re: Re: Don't Feel Sorry for Her at All
SO. Lets play a movie on my headrest screen in my convertible in front of that traffic camera and bring chrges against the city or the DOT for recording a movie.
[ link to this | view in thread ]
Buzz, 3 Aug 2007 @ 9:42am

Eh?
No compromise? They cannot just have her erase the footage and call it good? The MPAA obviously wants a big deal to take place. They WANT to humiliate her.
[ link to this | view in thread ]
Bill from Phoenix, 3 Aug 2007 @ 9:51am

Year in Jail for Filming 20 Seconds
She is a teenager and only shot 20 seconds of a movie for her "Day at the Mall". What is preventing her from doing the same with a DVD in her home. You all have missed the point. It is the greedy theater and the MPAA. They can not control insider jobs so they go after little teenage girls. They are hurting themselves.

So if all of the current movies now in the theater are on the Internet we all know what to do to slap the MPAA silly. Don't go to the movies, don't buy the DVD - Down load it off of the Internet!
[ link to this | view in thread ]
npgmbr, 3 Aug 2007 @ 10:47am

Re: Re: Don't Feel Sorry for Her at All
Oh because I believe that what she did was wrong im an a$$hole? The a$$hole is the person that makes excuses for those that knowingly break the rules when everyone else is playing by the rules.

I didn't make any cliams to be a f*ckin saint, but if I get caught breaking a law, my first response will be to own up to it and not pretend to be an idiot.
[ link to this | view in thread ]
Anonymous Coward, 3 Aug 2007 @ 11:11am

To all those morons commenting about legality. Laws are made everyday some are good, some are bullshit. The fact is recording a film should NOT be illegal in any way shape or form. If the law makers weren't such corrupt bastards it wouldn't be illegal and the worst that could happen to anyone recording a film in part or whole is being kicked out and banned from the cinema.

The second thing to point out is whether what she did (record 20secs) is actually illegal, just because the MPAA says it is doesn't make it so nor is it any more true when you trolls say it is.

Third, even if it is illegal to record a film the maximum punishment should be a ban from the cinema and maybe a small fine something like £100.

Fourth, do you morons actually want to pay for this woman to go to prison? Why would you want your taxes to go up and up having to pay for bullshit jail terms?

You morons are so brainwashed by corporate america you actually believe the shit they come out with. Why not just give them all your money you idtiots.
[ link to this | view in thread ]
Nasty Old Geezer, 3 Aug 2007 @ 11:26am

Re: Piracy NOT the issue, Proportional Response IS
Let me see here:

If 20 seconds = 1 year

and the typical movie is 120 minutes -- 7200 seconds-- long

then

taping a whole movie should land you in jail for 360 years

(7200 divided by 20)

That makes sense, yessir!
[ link to this | view in thread ]
Anonymous Coward, 3 Aug 2007 @ 12:38pm

This kind of story always seems to bring out the MPAA turf trolls.
[ link to this | view in thread ]
Nasty Old Geezer, 3 Aug 2007 @ 1:52pm

Proportion, please
THe kid did something dumb. Don't use a video recorder ina theater -- at all, ever.

So, kick her out, no refunds. If she makes a BIG fuss, invoke contract law and civil penalties, cost her a couple hundred dollars.

Jail time for that is idiotic -- if it is legal , then it is a bad law. Reserve the jail time for people that are found to be distributing pirated material for profit
[ link to this | view in thread ]
supr, 28 Aug 2007 @ 8:54pm

just wow
I just can't believe this.Why the MPAA waste time and money with such stupidity?TO scare average Joe?Yes it is.
Record 20 seconds and be jailed for 1 years!I smoke some marijuana in the face of a cops and don't get arrested.But if i record or download a movie be ready for years of jail.Welcome to this shitty world.If you defend them , than you're probably one of these fat guy with small penis siting all the day long in the office and setting their own little shitty rules,grabbing your hard making money laughing and drooling like pork.Legal does not always mean good.

It's hurt the cinema economy?When a actor is paid 10,000,000 a years i think they are looking at the wrong direction of who's a thief.If the MPAA want to stop file sharing.Than cut the internet plug or sue the reel publisher of pirated content.The true coupable it's not the guy sharing a file he just download.But the one making it's easy to access these files by just typing - The transformers

That why caribean pirates it's a great movie.Because pirates rules
[ link to this | view in thread ]
Alidor, 20 Sep 2007 @ 10:35pm

20 sec = 1 yr.
It's like the skateboarding analogy.
Imagine getting sentenced to being shot in the groin with one of those weird beanbag guns, you know, the police things? 300 times, at random intervals throughout the year, just for arbitrarily abusing a questionable artwork-protection measure.
Surely a code of humanitarian conduct is being contravened by the the party pressing charges. But even if they are just trying to cozy up to some industry player would it really seem just to fire hundreds of supersonic 1/4-pound bags at their crotch for an entire year? Imagine them at a meeting or at home at the dinner table:
"OK are we ready? Good. Earlier this month Stan Jenkins and I met to discuss the Q3 production sched-BLAM-THOK! Ahhhhhhhh! Ohhhhhhhhh. Ohhh god... not again... Ohooohoohohoo nooo... Aaaa..haaaah. Why can't they just kill me? Awwww god..."
Or:
"Janie? Davie? Don't you have something to tell mommy? Your teacher told me you got a badge at school today for helping an elderly lady with her groc-BLAM-PWACK! Boh! Hoooh-hawggg..."
"Daddy? Are you sick? Where does it hurt?"
"Leamme-alone! Awwww god nooooh... I need to throw up..."

It just seems like it wouldn't be a fair punishment. Sure it'd be fun to watch, but I doubt we'd get to.
[ link to this | view in thread ]
Anonymous Coward, 11 Oct 2007 @ 5:00am

Re: Regal
How about a big black cock in your mouth. So you will STFU
[ link to this | view in thread ]
Anonymous H, 10 Apr 2008 @ 3:48pm

Laws like this reveal the real crime: Greed
She did nothing wrong. End of story. The movie theater could've confiscated the video, then that'd be it... no ILLEGAL distributing happening...

God actors make MILLIONS of dollars, people download MILLIONS of movies... EVERYBODY WINS...
[ link to this | view in thread ]
darkness (profile), 22 Jul 2014 @ 1:24am

While a year in jail might seem harsh, who doesn't know that this is illegal? How do you stop piracy without sending a stinging message to those who do it? I work in a theater and had to enter the movie recently to stop someone from doing this very thing. It was disruptive (the light from his phone, not me) to everyone else in the theater. I didn't kick him out, though I probably should have. I just asked him to stop. Luckily for us both, he complied. His feigned ignorance, however, ticked me off. He knew better than that. Who doesn't these days?
[ link to this | view in thread ]
magnetite (profile), 12 Nov 2019 @ 7:02pm

A camera might be a camera, but the human eye is also a glorified camera. You can't post what you see online though, that's the only difference. However, everything you see, can be recorded into your memory, so you can talk about it with friends. So if the act of taking a picture that is copyrighted, so is viewing it with your eyes, because you're taking in all that information and recording it into your memory. http://www.foxcroftarts.org/uploads/5/0/4/9/50491891/eyecamera_orig.jpg Lawmakers think that cameras and eyes aren't the same thing, but they are.
[ link to this | view in thread ]
Anonymous Coward, 31 Dec 2019 @ 6:28pm

Re: Re: the real problem
IDIOT
[ link to this | view in thread ]