Disney Warned Fusion Not To Do News Coverage That Might Embarrass It Or Others In Hollywood

from the so-that-happened dept

The NY Times has an interesting profile of "Fusion" -- the briefly high-profile project that was a combined offspring of Disney and Univision. Fusion got some attention last year for scooping up a bunch of high-profile journalists (including a few that I really like) to power its rush into the "we'll cater to the millennials!" market. The article suggests things aren't actually going that well, but that's not that interesting to me. Instead, what caught my attention was a brief aside about how Disney keeps stepping in to tell Fusion to shut up about stuff that Disney and its friends in Hollywood don't like -- such as coverage of the leaked Sony emails:

For instance, according to two senior Fusion staff members, who spoke on the condition of anonymity, Disney put the organization on notice that it would not take kindly to coverage that might dent its standing with consumers. The warning came after Fusion published several stories based on documents that hackers stole from Sony.

Fusion is not alone: In negotiations to create a Vice cable channel, Disney and Hearst insisted on a clause protecting the companies in the event that Vice content “embarrasses Hearst or Disney in any way,” according to people with knowledge of the matter, who spoke on condition of anonymity to discuss private negotiations.

Hmmm. If true, I'd hope that some of the journalists who joined Fusion would consider standing up and speaking out about that kind of bullshit corporate interference with the journalism side of things. Every time a big company owns a journalism outlet, we always hear that they promise not to interfere, but everyone knows the reality is different. But for the actual journalists, this kind of thing requires standing up and telling the corporate parents to shove off.

And it is true that Fusion was one of the leading online sources publishing stories based on the hacked Sony emails, with a whole bunch of stories by both Kevin Roose and Kashmir Hill -- two of Fusion's high-profile hires. It doesn't appear that either have written about the Sony hacks since back in December -- even though there have been a bunch of stories that have come out of the leaks since then.

Remember when CBS stepped in and blocked CNET, a publication that it owned, from giving an award to DISH, because CBS was involved in a legal dispute with DISH? At least one CNET reporter ended up resigning over that kind of interference. If the reports about Disney interfering with Fusion's coverage of things like the Sony hack emails is true, one would hope that Fusion's high-profile journalists would do the same.

Filed Under: corporate overloards, journalism, sony emails, sony hack
Companies: disney, fusion, univision

Chris Dodd Implies US Gov't Should Go After Wikileaks For Publishing Leaked Sony Emails

from the that-pesky-first-amendment dept

Variety has a report on the talk that MPAA boss Chris Dodd gave at CinemaCon, in which he appears to at least imply that the federal government should go after Wikileaks for publishing an archive of the leaked emails from Sony Pictures:

He did condemn WikiLeaks’ decision last week to publish a searchable list of the Sony materials, calling it “terribly wrong” and serving “no public purpose.” Dodd noted that many of the emails are from low-level employees who have a right to privacy.

Dodd said that the U.S. government was in the best position to try to go after the website not the trade organization he runs. In the case of the WikiLeaks situation, he praised Sony officials for being “highly responsive” in communicating with the proper authorities.

This is the same Chris Dodd who (before he worked for the MPAA) once gave a rousing speech at Google (of all places) in which he urged them to take a stronger stand against censorship and not giving in to government demands to block content.

Tell the Chinese government that Google.cn will no longer censor information with Google's consent. And should the Chinese government not find that acceptable, then Google.cn would shut down its operations. I understand that you've already moved all of your search records out of China, to prevent them from being turned over to the Chinese government. But what better way to affirm Google's commitment to the free flow of information as a human right, than to send this message to a nation with the largest population in the world?

But now, when a site is revealing some rather newsworthy leaked emails from Sony, Chris Dodd (MPAA version) wants the US government to throw the book at them and try to censor them. In that Google speech, Dodd said:

One way we respond to change, in my view, is to stand up, and to stand up for our principles, which do not change.

Apparently, your principles do change when the MPAA pays you over $3 million per year. I'm sure Dodd sleeps well at night with that money as a cushion, but I do wonder how he reconciles the fact that he sold out his principles.

Filed Under: chris dodd, free speech, sony emails, sony hack
Companies: mpaa, sony, wikileaks

As Sony Continues Threatening Reporters, NY Times Reporter Wins Pulitzer For Reporting On Sony's Emails

from the that's-called-reporting dept

We've been discussing Sony's ridiculous threat letters to members of the press (including us) with claims about how they should not read, share or report on the leaked Sony emails, hinting at how this violates all sorts of laws. As we've explained, that's a bunch of hogwash. While the original hacking almost certainly broke the law, reporting on what's in there after it's been leaked remains entirely legal. And, if you want even more support for why it's important, with the latest Pulitzer Prizes being awarded, it's notable that one of the winners for investigative journalism went to Eric Lipton of the NY Times for a series of stories that he's done exposing the influence of lobbyists -- and that includes Lipton's excellent reporting (with Nick Wingfield) using the leaked Sony emails to detail how the MPAA was trying to bring back SOPA via influencing various State Attorneys General.

That reporting has been tremendously important in exposing how the MPAA has sought to undermine the will of the public that was so outspoken concerning SOPA, but which had no way to speak out about what was happening behind closed doors because of those very doors. The fact that these emails have shone a bright light on questionable moves by the MPAA has also highlighted why we need more transparency on the policy making front and an end to backroom negotiations. That doesn't mean whoever released Sony's emails was necessarily right to do so, but those reporting on them absolutely have done incredibly valuable and important work. And, yes, it's legal to do so, contrary to Sony's silly threats.

Filed Under: eric lipton, influence, lobbyists, pulitzer prize, sony emails, sony hack
Companies: ny times, sony

Sony Execs Freaked Out That Its Marketing People Wanted To Use Torrents For Marketing

from the how-dare-you-embrace-new-technology? dept

The decision of whether or not to embrace or fight innovation is such a weird one at times. It leads to such ridiculous choices. It's no secret that the big movie studios have decided that things like BitTorrent are evil and must be shunned at all costs -- even as plenty of successful creators have learned how to embrace the technology in ways that helps them make money in ways that weren't possible before. But, if you've staked your entire corporate position on the idea that BitTorrent technology is pure evil, then you can never, ever even try to embrace it and see if you can actually use it to your advantage.

Witness this bizarre email thread, in which Sony's top execs completely freak out over the idea that some other Sony folks are considering ways to use torrents for promotional purposes. It started with some Sony folks in Europe, who had the idea of putting up fake torrents of the TV show "Hannibal" that would (at first) include a short portion of the show, and then would tell downloaders to watch the show on TV. But Sony bosses in LA put the kibosh on this plan:

Personally, I love this and this it is a great promotion – unfortunately, however, the studio position is that we absolutely cannot post content (even promos) on torrent sites. The studio spends millions of dollars fighting piracy and it doesn’t send a good message if we then start using those same pirate sites to promote our shows.

Well, first of all, it's not a "great promotion" because people have tried putting up similar fake torrents for ages, and it tends to just piss people off. There's a reason they're downloading it rather than watching it on TV and telling them to just watch it on TV probably doesn't help anyone. It just pisses them off. But let's leave that aside for a minute.

The folks on the TV side at Sony tried again. They thought, instead of a "promotion" for the TV, how about just a "public service announcement" (PSA) about how unauthorized downloads are bad. This is also a pretty dumb idea that has been tried for over a decade and generally just leads to mockery. So it likely wouldn't be that effective, but Sony top execs got even more worried that even using torrents for PSAs would somehow legitimize BitTorrent, and Sony cannot allow that to happen.

I called Paula and restated that this is simply a long road to “no” because it so severely undercuts our efforts not only in CE, but all we have accomplished elsewhere (and that could be compromised by making the distinction between bad & good sites more gray)… Forget about a site blocking strategy if we start putting legitimate PSAs or promos on sites we’ve flagged to governments as having no legitimate purpose other than theft… PSAs being for public good, etc…

Elsewhere in the email thread, Sony Pictures' top lawyer Aimee Wolfson notes that "this is a highly problematic idea":

This is a highly problematic idea. Even with a PSA message, it will be easy for the pirate sites to cite it as (a) lawful activity on their site, and (b) an attempt to promote the show. (Note that the attached script is definitely promotional, and responds to the pirate viewer’s activity with a knowing and conspiratorial “wink” – not the message we would want to send.)

Meanwhile, the Sony TV and marketing people keep pushing for this idea, with Sony TV boss Steve Mosko saying "this is really important to me" and others recognizing that this is a "clever" idea, considering that the European team has "no budget."

In some ways, this is so incredibly shortsighted. Here Sony is so committed to the idea that torrents can't be shown to have any legal, non-infringing uses (even though there are plenty), that it won't even allow its own staff to experiment with ways to use the new technology to their own advantage. But just the admission in the email alone shows that Sony's top execs know damn well that there are legitimate, non-infringing, uses for BitTorrent, and they're deliberately trying not to use them just to make BitTorrent look much worse than it is.

Sony's focus is so blinded by "Piracy bad! Piracy bad!" that it can't even consider "Hey, this technology might be helpful." Once again, I'm reminded of how Jack Valenti declared in 1982 that "the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone." Except, at least back then Hollywood wasn't so stupid as to not embrace the VCR. Just four years after Valenti claimed that the VCR would kill the American film industry, in 1986, VCR revenue for the movie industry surpassed box office revenue. The Hollywood of the 1980s fought technology, but at least it learned how to use it to its own advantage. Apparently the Hollywood of today is so committed to hating on technology that it will give up the new markets enabled by it.

Filed Under: bittorrent, hannibal, marketing, promotions, psa, sony emails
Companies: sony

MPAA Pirated Clips From Google Commercials To Make Its Own MPAA Propaganda Videos

from the can't-make-this-stuff-up dept

And here's another one from the Sony archives, this time noticed by Parker Higgins. It involves an email thread between Sony TV's Chief Marketing Officer Sheraton Kalouria and the company's top intellectual property lawyer Leah Weil (with top TV exec Steve Mosko included in the cc: field). In the email, they're discussing a new "reputational initiative" by the MPAA. From other emails, it appears that the MPAA finally realized that its reputation was toxic, and figured that rather than, maybe, figuring out why that is, it would put together a marketing campaign to improve the public's view of the MPAA. Here were the four goals of the campaign:

• Fill the knowledge gap about our industry
• Change consumer perceptions
• Claim our rightful position as innovators
• Reframe our consumer message in a positive tone

I note that "stop suing our customers and biggest fans" and "stop trying to censor parts of the web or destroy innovations that challenge our business model" didn't make the list. That's too bad, as either of those steps might actually, you know, help improve the MPAA's reputation.

But the really amazing thing about the campaign? Apparently at least some of the video involved unauthroized copying of content from... Google. The same Google that the MPAA and studios had dubbed "Goliath" and who they were hell bent on destroying because of the misleading belief that Google helped people infringe on their copyrights. Here was Kalouria's email to Weil:

Also, I was somewhat horrified that their creative shop used footage from Google commercials in their “Swipe-o-matic”. I kid you not…some of those scenes of people being “moved” by movies are from a current Google campaign...!

Weil only responded with a single word:

Yikes!!!

Yes. If you've been following along with the home game, you know that the MPAA is really, really against copyright infringement (or at least that's what it would have you believe). And it believes that Google is the single-biggest problem in the copyright world these days. And yet, when it's time for the MPAA to put together some of its own propaganda to put some spit and polish on its down in the dumps reputation, what does it do? Make use of Google's footage and pretend that the people being "moved" are actually being moved by the MPAA's movies.

Apparently, infringing on the works of others is okay for the MPAA when it does it itself. And that's leaving out the extreme irony of using Google's ad footage as well. It's unclear if this MPAA film ever saw the light of day, but it would be fascinating to see if anyone has it...

Filed Under: copying, copyright, leah weil, reputation, sheraton kalouria, sony emails, sony hack
Companies: google, mpaa, sony

Sony Once Again Ridiculously Warns The Media Not To Report On Leaked Emails

from the that-fair-use-thing... dept

Back in December, when the Sony emails first leaked, we wrote about how Sony hired super-high-powered lawyer David Boies to send off ridiculously misinformed letters to media outlets warning them that they should not write anything based on information in the leaks. Boies took it a ridiculous step further, threatening to sue Twitter for not blocking screenshots of the emails. Both threats had no real legal basis.

Of course, now that the emails are in the news again, thanks to Wikileaks posting the archive online and making it searchable, Sony is apparently shelling out more big bucks to Boies to send around another version of the letter. You can see the letter here or at the bottom of the post.

Once again, the legal reasoning in the letter is... questionable at best. The included attack on Wikileaks is even more confused, arguing that freeing up this information helps North Korean censorship. It's difficult to see how that's really true, but okay. But the really ridiculous part is arguing that the media should not publish this information to support the First Amendment. Really.

SPE [Sony Pictures Entertainment] therefore again asks for your help in protecting the First Amendment and declining to exploit the Stolen Information. As I stated in my December 2014 letter, SPE does not consent to your possession, review, copying, dissemination, publication, uploading, downloading, or making use of any of the Stolen Information. And we again ask that you take all reasonable actions to prevent your company and any of your employees, independent contractors, agents, consultants, or anyone who may have access to your files from examining, copying, disseminating, distributing, publishing, downloading, uploading, or making any use of the Stolen Information.

This is a rather confused understanding of the First Amendment, and the rights of the press to look at and publish newsworthy information, even if it's obtained through more questionable means. Hell, it seems worth mentioning right about now that Sony Pictures Entertainment just happens to be making a movie about Ed Snowden. Apparently, it's fine and dandy for Sony to make a movie detailing how the press was able to report on a bunch of "stolen information," but if anyone in the media does that about Sony, then it's magically illegal? Is Sony really going to try to push that argument in court? Because it's going to get a massive First Amendment smackdown if it tries.

Thankfully, it appears that most of the press is ignoring these threats, and there have been a number of interesting and newsworthy stories coming out of people looking through the emails. Well, except for Hollywood's favored mouthpieces, like Deadline.com. It reported on this letter, but used it to repeat Sony's completely bogus talking points and insist that "respectable media outlets don't seem to have any appetite to re-enter territory that seemed morally questionable in December."

While one might argue that revealing internal gossip and bad jokes by Sony execs is morally questionable, it seems that stories about paying for political investigations of companies you don't like is extremely newsworthy. As is trying to influence international trade policy with statements that completely contradict what you've said publicly. There is plenty of newsworthy information in these documents, and the media would be doing the First Amendment a major disservice to ignore newsworthy information just because Sony doesn't like it.

Filed Under: david boies, first amendment, free speech, journalism, sony emails, sony hack
Companies: sony

Sony Fires Off Letter To Press Outlets Demanding They Cease Publication Of And Destroy Any 'Stolen Information'

from the that-one-time-when-a-major-corporation-shot-itself-in-the-face dept

Sony may have no idea how to how to run a secure enterprise, but it doesn't really take a whole lot of expertise or technical know-how to see that this particular gambit could only backfire.

In a sharply worded letter sent to news organizations, including The New York Times, David Boies, a lawyer for Sony, characterized the documents posted online as “stolen information” and demanded that they be avoided, and destroyed if they had already been downloaded or otherwise acquired.

The studio “does not consent to your possession, review, copying, dissemination, publication, uploading, downloading or making any use” of the information, Mr. Boies wrote in a three-page letter sent Sunday morning to the legal departments of media organizations.

Somebody approved this -- someone higher up than David Boies. And that someone should probably step down and concentrate on staining his yacht deck or seeking to be nominated in the next Congressional election, or whatever it is studio execs do when they've outlived their usefulness.

The letter's wording [pdf link] makes it sound as though the press outlets are doing something illegal (mainly through repetitive use of the word "stolen") but is careful never to make that actual claim. It tries to bluster its way towards legitimacy by inserting a list of "in case of 'stolen' information" requests (worded to look like legal demands) into the letter.

As soon as you suspect that you may have possession of any of the Stolen Information*, we ask that you

(1) notify us using the contact information provided below;

(2) take all reasonable actions to prevent your company and any of your employees, independent contractors, agents, consultants, or anyone who may have access to your files from examining, copying, disseminating, distributing, publishing, downloading,uploading, or making any other use of the Stolen Information;

(3) arrange for and supervise the destruction of all copies of the Stolen Information in your possession or under your control, particularly information protected under US. and foreign legal doctrines protecting attorney-client privileged communications, attorney work product, and related privileges and protections, as well as private financial and other confidential information and communications of current and former personnel and others, confidential personnel data, intellectual property, trade secrets andother business secrets and related communications; and

(4) confirm that such destruction has been completed.**

In addition, if you have provided the Stolen Information to anyone outside of your company, we ask that you provide them with a copy of this letter, and request the destruction of the Stolen Information by the recipient.

[*"Stolen Information" being much more sensitive than your garden variety, lower-case "stolen information," obvs.]
[**"Recycle Bin had little pieces of paper in it, but now appears to be empty."]

I imagine the contact information provided is swiftly being bombarded with ridicule, fake tips, more ridicule, more fake tips and pictures of empty Recycle Bins.

The only threat in the document (other than the overall tone) is this:

If you do not comply with this request, and the Stolen Information is used or disseminated by you in any manner, SPE will have no choice but to hold you responsible for any damage or loss arising from such use or dissemination by you, including any damages or loss to SPE or others, and including, but not limited to, any loss of value of intellectual property and trade secrets resulting from your actions.

OK. Good luck with that. The Supreme Court has already held that this sort of dissemination is protected by the First Amendment. (h/t to Marcia Hofmann)

In a 6-3 opinion delivered by Justice John Paul Stevens, the Court held that the First Amendment protects the disclosure of illegally intercepted communications by parties who did not participate in the illegal interception.

The only mitigating factor is the relative worth of the "stolen information" to the public interest. Much of what's been covered likely isn't and much of what's contained in the files that hasn't been disseminated by press outlets definitely isn't. But there are some revelations that are definitely matters of public interest, not the least of which is the MPAA's plan to throw money at elected officials in exchange for some Google-hassling.

Sony appears to be in full panic mode, but it's tough to sympathize with a corporation that has been hacked 56 times in 12 years but still keeps passwords in a folder labeled "Passwords." This latest move won't earn it anything more than an internetload of derision.

Filed Under: david boies, emails, first amendment, free speech, journalism, sony emails, sony hack, sony pictures hack, stolen information, threats
Companies: sony, sony pictures

Sony Jabs Hornets Nest, Allegedly Engages In DDoS Attacks Against Sites Hosting Leaked Documents

from the Sony-Pictures-tells-astonished-reporter-studio-is-'bigger-than-logic' dept

To be sure, there is a large amount of schadenfreude contained within the hacking of Sony Pictures. To have your dirty laundry aired for the world to see is excruciatingly painful, but Sony Corporation's past actions have drawn a target on its back on multiple occasions.

Rayne, a contributor to Marcy Wheeler's emptywheel blog, notes that Sony has been hacked 56 times in twelve years. And it has learned nothing. Passwords for Sony Pictures accounts were stashed away in a folder labeled "Passwords." The password for this folder? "Password."

So, when Sony fights back, as it is now, it's far too late. It had several chances to shore up its defenses, but it never made a serious effort to fix its security holes. Now, nearly everything has been exposed. Celebrities' personal data. Staffers' borderline racist opinions on Barack Obama's movie preferences. Its plan to join the MPAA in paying off states' attorneys general to go after Google.

Sony has issued hundreds of DMCA notices in response to the leaked documents. It has seeded bogus torrents to thwart further distribution. Now, it's allegedly decided to take an even more aggressive approach to the continuing leaks.

The company is using hundreds of computers in Asia to execute what’s known as a denial of service attack on sites where its pilfered data is available, according to two people with direct knowledge of the matter.

Sony is using Amazon Web Services, the Internet retailer’s cloud computing unit, which operates data centers in Tokyo and Singapore, to carry out the counterattack, one of the sources said.

Or not. Or possibly not at this moment. Re/code's updated post contains a denial from Amazon.

“The activity being reported is not currently happening on AWS (Amazon Web Service),” Amazon said in an emailed statement to Re/code on Thursday. Amazon declined to comment further on whether the activity happened prior to Thursday.

“AWS employs a number of automated detection and mitigation techniques to prevent the misuse of our services,” according to Amazon’s statement. “In cases where the misuse is not detected and stopped by the automated measures, we take manual action as soon as we become aware of any misuse.”

Re/code's sources say "yes." Others say this isn't happening.

CloudFlare, which offers denial-of-service protection and network monitoring, said it has not seen anything that would suggest Sony had conducted a counter-attack. The company said it would continue monitoring the situation.

If Sony is indeed engaged in DDoS attacks, it's participating in the sort of behavior it's been quick to decry in the past. Sony Pictures may be relishing the chance to turn hackers' tools against them, but its history strongly suggests it really isn't in the position to be provoking further attacks. To pursue this option is pure hubris. It's hypocrisy and stupidity rolled into one. It may think it will escape this latest hack bowed but not broken, but whatever pride it has left at this point is delusional. It has opened everything up to criticism by failing to take proper precautions and destroyed its employees' trust that their employer would make the minimum of effort to keep their internal conversations internal.

Filed Under: cfaa, ddos, emails, hack back, sony emails, sony hack, sony picture emails
Companies: sony, sony pictures