Copyright Boss Thinks It's Possible To 'Starve' Infringement Sites
from the good-luck-with-that dept
Isn't there a term for doing the same thing over and over again and expecting different results? In a Congressional hearing that was more for show in preparation of a new push for the COICA censorship bill, the acting Register of Copyrights, Maria Pallante, told the hearing that the way to stop foreign websites that link to infringing content is to "starve" their revenue, by having credit card companies cut them off and having advertisers not be allowed to run ads on their sites (things found in COICA, of course). Amusingly, her claims come just a few days after a massively detailed research report suggested exactly the opposite was true. Not like one would expect the Register of Copyrights to actually pay attention to what the research says, I guess.Furthermore, Pallante's argument makes no sense for a variety of reasons. First, as we've pointed out repeatedly -- including to many entertainment industry officials directly: if these sites are really making so much money, why not start your own sites? Surely people would prefer to get the content from legitimate sources. All these sites are really doing is highlighting how the industry has failed to serve a consumer need. Second, for well over a decade, we've seen that the vast majority of unauthorized file sharing is done for entirely non-commercial reasons. You'd have to have not been paying attention at all to think that everyone setting up these sites is doing it for the money. Third, the idea that these sites would just go away if you blocked payment from these sources is again laughable. Every time these sites are taken down or blocked in some manner, they or other similar sites pop right back up. Continuing to pretend you can stop them, rather than trying to compete with them, simply doesn't work.
At the same hearing, Paramount's COO apparently did his usual song-and-dance where he showed how searching for stuff on Google could lead you to infringing material. He and another speaker, Daniel Castro, of ITIF, both suggested that censorship without prior adversarial hearings was not a problem. Sure, it's not a problem for the businesses they represent. It is a problem if you believe in the fundamental tenets of the Constitution, of course. Castro went to ridiculous extremes, suggesting that the government needs to blatantly censor the web through a "blacklist" filter that ISPs and search engines would be required to block. Anyone who thinks that won't be abused hasn't been paying attention. Thankfully, at least a couple of Congressional reps -- Zoe Lofgren and Mel Watts -- found these proposals extremely troubling. Unfortunately, many others on the panel are just itching to move forward with COICA, anyway. So, expect this fight to move on along similar lines. Hopefully enough of our elected officials recognize that there are existing ways to deal with infringement, and blatant censorship without serious due process is not even close to the right way to handle these things.
It's really amazing, in this day and age, that some of our elected officials honestly seem to think censorship is the answer to anything.
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Filed Under: censorship, coica, copyright, enforcement, maria pallante
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There's an answer.
I'll tell you why: because they can't. Every time a site gets started, it fails because it's laden with ads (remember those things you said were content?) Again, it doesn't matter if the ad is good. If it's embedded into other content, it's a major turn off to people.
Illicit sites don't embed ads into the content. That's why it's so much more alluring to acquire. No previews. No FBI warnings. No sob stories requiring the use of Rogaine.
Just content.
There's this belief that in order to give content to an audience, someone has to pay for the delivery through intrusive ads.
Let's take a look at a few examples: Hulu, AnimeNewsNetwork, Crunchyroll. Each has ads within the content and each wonders why people still go elsewhere to get their content.
Until those who build these sites wrap advertising around the content, just as pirate sites do, this battle of copyright will never, ever end.
Perhaps Nina make a comic to drive home the point content delivered on the internet should not be delivered in the same manner as it was on a medium now threatened by the internet called "television".
Techdirt has been reporting on the woes of copyright for how long? Yet not a single change has been done for the good.
Not. A. Single. Change.
COICA will pass. ACTA will get more support. "IP" is the new buzzword because it encompasses so much to a multi-billion dollar industry.
And all this started because somewhere, someone decided they didn't get their "fair share" of the profits made by something they worked on.
Stay classy, copyright. For without you, I'd never have the privilege of breaking several sections in the same law while trying to watch a legally paid for DVD which doesn't play in my latest player (because I don't want to update the firmware) so I have to pirate it so my 8 friends can enjoy it on a 60" LED LCD wrapped with 7.1 surround sound.
Not a single thing.
This was a depressing comment to write.
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The term is "lobbying Congress" and it works splendidly.
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Now, according the copyright people, I'm a free-tard, just wanting to get the content for free. Yet, here I am handing over hard earned cash. I spent it because then I can get the content I want faster, easier and it stays on my hard drive. I don't have to deal with DRM, if I want to put it on another device I can and will. I don't care if the money doesn't go to the creators.
This is what I, the consumer, wants. I want unlimited access to the files I download. I paid money for an easier method of getting them. Instead of 60 euros going on maybe, one or two series, I have unlimited content, at least for a year. Perhaps the copyright people can do something similar? No, not iTunes, I refuse to even look at anything related to Steve Jobs.
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Re: There's an answer.
Isnt there a chill or a troll on this tube to give Hiiragi a good laugh or something ?
Might need one too :[
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The FCC's ability to regulate public airwaves won't be abused. They will ensure adequate competition so that dissenting views can be heard. Same thing goes with govt imposed cableco monopolies. IP criticisms are always allowed on these communication channels.
Oh wait ...
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It's not going to be "win the war" strategy though.
There are enough of them that aren't in it for the money, and there are other ways of getting money that they will not be able to cut off. The demand is strong enough that they keep mutating and popping up somewhere else whenever one goes down.
Until the industry releases a quality product at a competetive price, these other tactics will have some small "successes" but ultimately won't have any major, lasting effect.
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One thing that absolutely has to change is DRM. I can think of at least 10 movies/games that I've had to illegally download because my legal copy failed to work due to faulty DRM. One game was from EA. I contacted them about the problem, and they tried to accuse me of violating the user agreement, when I absolutely had not. I was as nice and respectful as one person can possibly be, and it got me no where. Why would I give them anymore of my hard earned money??
Anyway, I just think it's really sad that we have such amazing technology to deliver content to so many devices in so many places... and it's all crippled because some idiotic executives think they can make more money by screwing over their customers. This is why piracy will go away.
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Rationalization rarely makes sense. Mix that with a belief system "piracy is the cause of all our problems" and things get out of hand. These people have never been businessmen they have been a monoply and there is a distinct difference. Monopolies when faced with competition place blame, normally using a single "Cause".
The cause in this case should be the internet, not piracy. But they can believe they are fighting the good fight with piracy, they can't fight the internet or telcom.
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Keep in mind one other thing about DRM
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It's not censorship
You should quit defending the lazy couch potatoes who are too cheap to spend 99 cents on some content. There are very real battles over censorship being fought in the US and in countries throughout the world. For instance, is it fair what's happening to Bradley Manning?
Don't lump these real first amendment defenders together the lazy, good-for-nothing goobers who are just stuffing their fat faces with potato chips while overloading the local cable loop with endless downloads of digital files that they'll probably never consume.
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It's hard to compare sites that don't have any product cost with sites that do actually pay for their content.
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Point of order
There.... FTFY!
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Try reading that sentence on its own. It's scary when you can mistake your own government for a genuine Communist dictatorship without even watching Fox.
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Sony were the main players behind the worst bits of SecuROM, behind the rootkit débacle, behind the removal of OtherOS and backwards compatibility from their hardware.
Other ridiculously bad companies for this are Ubisoft (Game Launcher keeps being reconised as a virus that was included in the game) spring to mind.
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Re: Re:
And another example of censorship is the mainstream media's censorship of the domain seizures and the fact that many innocent sites were seized as well.
http://www.techdirt.com/articles/20110307/00440713377/how-to-get-elected-officials-to-actua lly-hear-our-worries-about-censorship-speak-up.shtml?threaded=true&sp=1#comments
To say that the government's attempted Internet regulations won't result in censorship (or that they're not intended to) is similar to saying the government/FCC will take steps to ensure that censorship doesn't occur over public airwaves as a result of their regulation (and they pretended to do by initially requiring a minimal amount of competition). The reality is that this is false, censorship does occur over public airwaves (and cableco infrastructure) exactly because government regulations intentionally make it so. There is absolutely no reason for me to believe that the government's attempts to regulate the Internet aren't intended to result in censorship, if this weren't the case, the government would seek to correct the system they are responsible for that results in censorship outside the Internet. But they aren't lifting a finger to do that, only to regulate the Internet.
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Re:
A/ The question is not "would you rather buy it legally?" but instead "does it offer value for money?" with value being a personal calculation that can include ease of access, price, ease of use, legality and a host of other value adds and that includes your DRM gripe, which is valid, as well as "competing with free".
B/ The question is also not "How do I get everyone [who receives the content] to buy it?", but instead "How do I get enough people to buy it to turn a profit, and what price do I set to maximise that profit versus people willing to pay the price?". And again that's a question of offering value.
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Re:
I heard a few chill shout "VICTORY" when they saw that typo :)
It is a typo... right ?
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Re:
I think most people would. There are things that I will download to see if I want to buy it. If I like it I go buy it, if not, I wont and it gets removed from everything I own.
I have also had this issue with CDs I own cracking and such during moves (I tend to move a good deal) I don't worry because I have now digital copies from either before or after (I still hold onto the cracked CDs) There is no reason for me to buy and rebuy content I already own.
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http://arstechnica.com/tech-policy/news/2011/03/ars-interviews-rep-zoe-lofgren.ars?comme nts=1&start=40#comments-bar
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The only ones I expect to starve are the big labels and studios, those people will never see a dime from me, no matter what they say or do.
Mininova, VODO and Miroguide also can keep you entertained for the rest of your natural life.
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This is much bigger than Hollywood.
> express yourself. It's not when the state says
> you can't repeat someone else's opinions.
Actually. That is EXACTLY what censorship is.
Free speech is about far more than just the "entertainment business".
Free Speech is at odds with "ownership of creativity" and the founding fathers explicitly addressed this conflict. That is why the law doesn't treat a book the same as a table or your house.
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Isn't that kind of like saying that television manufactures should have to sell their TV's at higher prices and give a cut to the networks because they are using their content?
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closing tag
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Besides, software companies are hurt far more by file sharing than movie and record companies, and hardware companies make a killing selling DRM-infested devices designed by the MPAA and RIAA.
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Re: closing tag
how about now
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A normal market sets a price. When piracy is the dominant part of a "market", normal market forces no longer apply.
It really doesn't matter what they reduce the price to, people here have proven that even a very low cost song or movie still isn't attractive compared to a pirated download. The guy above, example, is paying 60 euros to download. If he downloads 1 movie per day, he is paying 22 cents US a piece. If he doubles that download rate (adding in maybe music and tv shows as well), he is down to 11 cents. Remove the costs of the download, maintaining servers, transit, etc... and there isn't a ton of money left to play with.
There certainly isn't any money to make content with.
You cannot compete with free, especially when it's your own product you are competing with.
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Is Masnick losing touch with reality? Censorship is part of the American way.
"Censorship" is the de facto treatment for pedophile and terrorist websites. There should be no different standard for criminal enterprises that profit illegally from American work.
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Other businesses are trying the opposite. In the US, cell phone companies give you a free phone but make it up on the service. I much prefer decoupled markets.
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Re: There's an answer.
FTFY
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Re: This is much bigger than Hollywood.
The only reason this is an issue is that losers like to pretend that stealing a free copy of a movie is somehow in the same league as the work of Martin Luther King, Peter Zenger and many others. It's an insult to everyone who's defended our rights to petition the government for redress to stretch the topic to somehow include some fat, lazy slob who's too cheap to spend 99 cents to support hard working men and women.
Okay, scratch that. Some of them are like Dire Straights who got their money for next to nothing and their chicks for free. But still they did something. They actually contributed something.
And remember that the constitution
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By your math many gaffers must be starving. No wonder hollywood wants to minimize Netflix.
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Right. The TV is the tool using the content. Priced independent of the content. Megaupload is also just a tool to upload and download files. Why is it different and why should Megaupload give their profits to the content owners?
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Re: Re: This is much bigger than Hollywood.
No Bob, no. It's an issue when the content owners believe that someone sharing a movie somehow gives them the right to restrict our rights. Thinking that the latest Hollywood movie is somehow more important than our rights of due process, or free speech or privacy is idiotic and not to tolerated by any sane person.
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Excellent
Copyright.
Full speed ahead!
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Re: Re: Re: Re: Market
> normal market forces no longer apply.
When monopoly is the dominant part of a "market", normal market forces don't apply, either.
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i find the first more likely.
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Re: It's not censorship
The second the government decides you can't say something - regardless of the reason - it's censorship.
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Re: Is Masnick losing touch with reality? Censorship is part of the American way.
Illegal doesn't mean unethical. The law could be wrong. and in the case of copy'right' the law certainly is wrong. Restricting my right to copy others is unethical. Copying is perfectly fine.
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Re: It's not censorship
It is unethical for a legal system to restrict others from copying. There is absolutely nothing wrong with copying others and I absolutely should oppose a legal system that implements unethical laws with no justification.
The justification for Copy'right' should be that it promotes the progress. IP is doing no such thing and so it is not justified. Instead, it's being used to help exploit both the public and artists so that the lazy middlemen record labels can make money for adding nothing of value that doesn't exist without their absence. Opposing IP injustice is every citizens duty.
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What you really mean is that Megaupload isn't a legacy business grown fat on years of monopoly pricing. The fact is that content only costs so much to create because you want it to since it justifies higher profits. In the past, you could get away with it because you operated as a monopoly cartel (funny how media always seemed to come in at certain fixed price points - wonder why that happened).
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Correction.
A normal market sets a price. When monopoly is the dominant part of a "market", normal market forces no longer apply.
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Re: Excellent
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Or perhaps you mean movie theaters? But wait, there have always been a number of theaters in my town and some of them were second run theaters that offered a discount for those that would wait. Even the first run shops were separated from the movie studios several generations ago.
Do you mean the news business? Even in today's one paper towns, the newsstands almost always have USA Today, the WSJ, the New York Times and a few others right along side the local so-called monopoly.
Do you mean music? There were always four or five big record companies but there were hundreds of independent labels even during the years of what you term "monopoly pricing."
Face it. Art costs money. Records don't make themselves. Movies require actors, producers, directors and many others. The reason why the marketplace standardized on a certain price is because that's the price that seemed to balance the costs to deliver something of a certain quality with what the market was willing to pay. That's called a "free market", not a monopoly.
As long as I've been alive, there have been small movie studios, small record labels, small publishing houses etc. None of them were ever shut down because someone said that they weren't allowed to create because there was a monopoly given to someone else. They usually failed-- if they failed-- because the market wasn't that interested in what they had to produce.
Get a clue.
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Re: Re: Re: This is much bigger than Hollywood.
You should take a look at how the law treats people accused of things like letting a parking meter expire. The law forces everyone to attach a tracking device to their car ("license plate") and then it refuses to allow you to register that car if there are unpaid tickets. Ever try to contest a traffic ticket? 99% of the people I know come away complaining that the system is stacked against them.
Repeat after me: taking someone else's work is not a right. Taking someone else's property is not a right. This has nothing to do with you speaking your mind, petitioning Congress for the redress of grievances, or just sharing your opinion with the world. Those are rights.
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Re: Re: It's not censorship
And really. You're exploited because some store charges too much for a DVD? Get real. You don't have to buy it. You can watch public domain cat videos on YouTube all night if you like. But if you want someone to create a big budget movie for your entertainment, you better arrange to give them some money to encourage them by helping them pay for a house and some food and some medical care.
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Re: Re: Re: Re: This is much bigger than Hollywood.
This crowd can't be reasoned with. If they don't get whatever they want whenever they want it, it's censorship. Mike and his band of idiots are abusing the word "censorship." That much is obviously true. Trying to explain that to them will get you nowhere fast. You might as well just hit yourself in the head with a hammer rather than try to have a rational discussion with the Techdirt Mafia.
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Re: Re: Re: Re: This is much bigger than Hollywood.
I never said either of those were rights. Nor are they even morally correct.
This has nothing to do with you speaking your mind, petitioning Congress for the redress of grievances, or just sharing your opinion with the world. Those are rights.
If you believe, even for a moment, that the actions being taken now on the behalf of the content owners won't be pushed further and further and in the process eroding our fundamental rights to things like due process, innocent until proven guilty, free speech and privacy, then you are simply plumb dumb.
The legacy gatekeepers want the Internet controlled so they can continue their one-way hype and spin to create markets for their products. The government wants the Internet controlled so they can have their one-way propaganda machine, like the old days with their lag dog mainstream media outlets. Unfortunately for them, the citizens have tasted real freedom of speech and information and that Genie will never be put back into that bottle. Sorry.
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Re: Re: Re: Re: Re: This is much bigger than Hollywood.
Sure we can. Just make sure you bring plenty of hard facts with you. We are pretty good at seeing through the bullshit.
...Techdirt Mafia.
Definition of Mafia:
–noun
a hierarchically structured secret organization allegedly engaged in smuggling, racketeering, trafficking in narcotics, and other criminal activities in the U.S., Italy, and elsewhere.
Dunno know about anyone else, but that sounds an awful lot like some large legacy gatekeeper organizations we know.
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But, the TV shows aren't the TV manufacturer's to distribute either, but they still make profits from selling a tool that allows users to consume them. Where is the line?
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Um..I don't pirate it. I barely even consume it. Sometimes, when it comes out on ShowTime or whatever, but for the most part I could care less about the stuff coming out of Hollywood these days and I am certainly not going to spend my hard earned money on it beyond my monthly cable bill.
I have replaced some of my older music purchases because the containers failed (stretched cassettes, cracked CD's), but nothing created within the last 10 years (seriously, if you can't make a profit on your content in 10 years, you are doing something wrong). Even that was because I was interested in learning the P2P technology more than anything else.
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First amendment doesn't mean you can encourage suicide
Sounds like evil censorship. What are they going to go after next? The sound track to "M*A*S*H"?
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Now they could take the path of creating a proprietary device and maybe distributing the content without ads-- something HBO does-- but they don't need to do that.
Companies do this all the time. It has nothing to do with rationalizing how it's all okay to make as many copies as you want.
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Ok, so I ask again, where is the line between something being a tool to consume content and something that infringes the content owner's right? By your argument, it only becomes infringing when the content owner decides they want more money. That's a pretty arbitrary line.
It has nothing to do with rationalizing how it's all okay to make as many copies as you want.
I'm not rationalizing that at all, I am merely curious as to where you think this line is and who gets to define it.
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Eric F. Vermote
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