Yet Another Reason Why Hollywood Is Evil

Ever see the mashup of Buffy the Vampire Slayer dealing with Edward from the Twilight movies? It just got a lot harder to see since Lionsgate has ordered the video deleted from YouTube. Read about the whole ridiculous mess at Ars Technica.

This is what happens when a system stops being truly creative and relies desperately on intellectual property to eek out every last cent they can. McIntosh is clearly within the bounds of fair use, yet he can’t get a fair ruling. The system is very broken with no signs things will get better.

In fact, I suspect it will get even more draconian.

Why Hollywood is Evil, Part 1,345,798,221

The production and licensing company that owns rights to The Hobbit are suing an English pub that has been named The Hobbit Free House for twenty years. Read the article and ponder the stupidity of the money grubbers sitting in the USA going after small fry in another land. If the name Zaentz sounds familiar, he is the one who screwed over John Fogarty and prevented him from recording for years after Creedence Clearwater Revival broke up.

IP Rights Battles Are Only Beginning

There seems to be a great deal of celebration over having derailed SOPA and PIPA in the U.S.A., but they are not completely dead yet. In the meantime, ACTA has been passed by the majority of the EU nations. It still has not yet been ratified. That is little comfort, for I suspect it will be ratified easily when the time comes. To get an understanding of why this is a big deal, please check out my earlier posts on it here and here.

Another blow to the free travel of information came when the Supreme Court ruled that works in the public domain can be taken out of that status and copyrighted again. So those of you who have downloaded eBooks and movies in the public domain may end up becoming law breakers in the future. This aggravates the erosion of having limited copyrights and sets them well on the way to perpetuity, despite what Justice Ginsburg wrote.

It is ironic that there is such an effort to stifle the flow of knowledge and creativity in a time when we can finally share such things quickly and easily. Innovation is dying out in large part to actions such as these. Sure it sounds warm and fuzzy to talk about helping families of celebrities who were ripped off by their managers/producers/record labels, but resting on the laurels of those who came before is lazy. In the end, only the big media companies and their puppets in government truly benefit as most copyrights will be held by large corporations, not individuals.

So while a battle has been temporarily won, the war continues. If things keep up the way they are going, a long period of cultural stagnation is ahead for us. I firmly believe that humanity needs to keep striving and creating to advance. To my eyes, we have ceased doing so over the past twenty five years and the momentum generated in the past is fading away. We need some intellectual turmoil and the best way to create that is to ideas, concepts, and collaborations bouncing around like mad. Caging those is a huge mistake.

Panic Has Hit the File Sharing Services

So after going through my normal routine of to start the day, I decided to check on some of the tech sites to see what effect the Megaupload arrests were having on the online community. While Anonymous continues to make sporadic and ineffective attacks in retaliation, other file services are beginning to react. Filesonic has stopped allowing file sharing altogether, which means users can only upload and download their own files. Slightly less panicked, FileServe has reportedly ended their affiliate program where users were paid when they got others to join the service. As many have already commented, who needs SOPA or PIPA when the U.S. government can already reach out and have people in New Zealand arrested?

While I do not like the ease with which the international arrests were carried out at the behest of Hollywood, it was painfully obvious what these file services were created for. So I do not mourn their passing in the least. Yet I wonder what affect it will have on the legitimate file locker companies? While I am not terribly enthused about cloud based computing in general, I do use Amazon’s cloud service to back up my purchased iTunes and MP3 files. Oh and then there is Steam, which is a cloud like service that I am fond of.

I am feeling some ironic amusement though. If you went through various technology and multimedia forums in the past couple of years, the pro-pirate forces had declared bit torrenting dead and the entire future to be these file locker services. As anyone familiar with how spy and terrorist organizations operate, the easiest ones to roll up and eliminate are the highly centralized ones. That is one reason why they operate in cells. Painting big old targets on yourself is not particularly smart and that is what these companies did.

My suspicions are that we will see the file sharing sites gone or inaccessible from America in the very near future. Torrenting will increase with a move to decentralize magnet links becoming the new standard. All of this reminds me of Spy vs. Spy in Mad Magazine as Hollywood and the recording industry use the U.S. government against the pirates.

Stop SOPA and PIPA!

Contact your local Senator and Congressman to let them know you support free speech on the Web.   Allowing web sites to be taken down by the government simply based on a complaint from someone else about copyright violations is ridiculous. The whole idea of the world wide Web is to allow linking to other sites to share information and these bills would jeopardize the very structure of the Internet.

Wikipedia, Minecraft, Craigslist, and Reddit Go Black Tomorrow

While it is only the English language version of Wikipedia going black to protest SOPA and PIPA, it will not go ignored by millions of users there and at the other sites participating. WARNING: the link will have a video start up automatically, but the text also covers the details.

It will be interesting to see how much this affects things. I have to say that Dick Costolo of Twitter has it very wrong from reading that quote in the article. Of course, Hollywood types live and die by Twitter these days, so I am not surprised by his stance. I do not have a way of blacking out my blog so that will not happening here. Instead I'll let my posts opposing SOPA and other IP "protections" speak for themselves.

Ding Dong, the SOPA Bill Is Dead

Some good news that Eric Cantor has killed the bill in the House after a weekend where the author, Lamar Smith, started backing away from it and the White House came out in opposition. The latter shows what use an election year can be for activists to derail unpopular legislation. I highly doubt this positive outcome would have happened otherwise.

I hope the Senate version dies as well.

Wikipedia May Go Blank in Protest Against Bill

There is an odious piece of legislation called SOPA (Stop Online Piracy Act) being pushed in Congress right now that jeopardizes a large amount of the Web. Wikipedia is considering blanking their pages in protest of this corporate paid for bill. Intellectual property (IP) rights have gotten out of hand as failing movie and music industries try to stem the bleeding in lost profits. Instead of blaming their very poor products for the decline, they would like to censor the entire Internet in pyrrhic fashion thinking it would up sales.

While legislation against pirate sites is a reasonable goal, this implementation is dangerously excessive. Wikipedia would go under due to it and many a blog would as well. Linking to photos, pictures, and articles would be potentially criminal under this law. That kind of kills the whole concept of the Web, doesn’t it?

It is not the only attack on freedom of speech online. A recent ruling against a blogger by an Obama appointee is a direct attack on the idea of the “citizen journalist” that has flourished on the Net. Not a good precedent, but one I had been expecting for some time. The desire to control others gets stronger the bigger a government gets.

I can only hope this bill fails, for it will be a disaster for free speech not just in the United States.

Killing the Golden Goose

Having rejoined Netflix a couple of months ago, I have been enjoying hard to find films such as Ugetsu (brilliant film) as well as catching up on hits from the past five years. But I am wondering just how long they are going to be around as a company.

The first sign of problems was the change in fees shortly after I joined, with the ability to stream and have one DVD out going up considerably. I opted for the two DVD only package because most of what I want to see is not available streaming. Also, Starz contract will not be renewed and it appears other studios providing streaming content intend to follow that path.

Most people opted to keep the streaming, believing that is the future of entertainment delivery. But many threw up their hands and quit Netflix outright. Many as in millions of customers. Consequently, the stock tanked when the losses were revealed.

So when the CEO Reed Hastings announces out of the blue that it was a poorly handled change it should be a good thing. right?

Sadly, the buffoon running the show has decided to spin off the DVD operation into a different company, Qwikster. It is clear that Hastings wants the DVD side to die completely, but with the demise of the streaming service likely next year this is incredibly stupid.

I disagree with the analysis in The Atlantic Wire piece. Netflix has the Hollywood studios completely against them with some executives thinking the rental business has hurt theater box office. It has appeared to have damaged DVD sales, though I would argue that poor product has more to do with it. Which is why you don’t see new films streaming and a three month wait after DVD release on the disc side.

This is all fall out of the fanatic intellectual property rights fight which is based on greed and laziness. The sad result is less choice for consumers and no increase in sales of tickets or DVDs.

But the sheer idiocy of thinking the studios will cave on streaming video when they won’t even support their own endeavor, Hulu, is astounding. Even though DVD sales have plummeted, Red Box proves there is a market for renting them.

For rural people like me, renting movies will become nearly impossible once Netflix/Qwikster fold. With iTunes getting rid of rentals and only allowing purchases, things are going to get interesting. But this will make cable and satellite providers happy, since they have been losing people moving to Internet delivery of entertainment.

It dawns on me this is the perfect combination of events to drive up piracy. Oy.

Infinite Copyrights? Let’s Kill All Innovation

The growth in intellectual property (IP) rights has gotten to be quite an issue in the service oriented economies of the world. Here in the Unites States, it is getting to the point few things will ever end up in the public domain again. Now that trend is being exported with an RIAA written law going into effect in New Zealand and the European Commission extending sound recording copyrights from 50 to 70 years.

Shane Richmond has a good OpEd at The Telegraph on this and it has sparked a debate in the comments. Some good points are made there opposing his views, but in the end I agree with him.

Ever heard of the phrase “starving artist”? I believe that the best work often comes from artists who are struggling to make ends meet, because that motivates them to reach higher and try new ideas. If there is one thing that causes mental and creative stagnation, I’d say it is laziness born of security. Risk aversion is not a creative engine economically, scientifically, creatively, or spiritually.

It is perverse that humans do not dare when they are comfortable. One would think that having a solid safety net would encourage taking risks, but that is not how we behave. Instead there is a tendency to only take action when forced to. These copyright extensions are to make the already comfortable even more so.

I do agree that copyright holding does need to exist, but my complaints are about the draconian interpretations that take fair use away and the constant extending of ownership. What is the best amount of time for a copyright to be held? I cannot say for sure, but I think anything past 25 years is ridiculous for entertainment properties.

Frankly, the idea that ideas equal “properties” bothers me greatly. We have gotten so far from the physical in what we produce that is had damaged the economic health of the country. Perhaps it is a function of growing older, but tangible things speak to me of reality far more than IP’s do. Still, there must be incentive to create, so going to the extreme of making everything open source is foolish in the long run.

So we need copyrights and royalties. But we need them to be reasonable in order to foster daring, that thing that fuels creativity. Instead we are strangling creativity in the name of profits and protecting rights.

If I were to ever get published, I would put my works in the public domain somewhere around ten to fifteen years later. That is a promise I will keep if such things come to pass.

Getting an Edge in Copyrights

I’m not happy with the way Intellectual Property (IP) rights are handled because I feel that the current laws are stunting creativity in a stagnant society.

An article at boingboing.net got my attention last week and highlights how trademark law can be abused. Edge Games hasn’t put out a real product in many years, but has terrorized anyone that dares to use the word “edge” in any videogame, movie, or comic book. They’ve been successful at this, gaining settlements with other companies for over a decade.

This is a truly bizarre story, especially if you read the full details over at ChaosEdge.  Mind you, it can be eye glazing but if you dig, you can find documented IP theft by Edge Games themselves! The strange sales (or lack of sales) by this company from their web store is an epic story by itself.

At least with EA’s involvement there is a chance these people will be shut down, but it shows how the current system can be gamed – no pun intended.  I’m wondering how this guy Langdell has made money from this.  He has to have to keep filing lawsuits, right?

Government Gone Wild

With various things going on including a very demanding abandoned kitten to care for, I let things slide as far as blogging goes.  The links to interesting bits of news will stretch back into last week as a result.

Serves New London Right

At Hot Air, Ed has a post filled with immense irony.  After the idiocy that was the Kelo ruling , the original case has turned into a classic bad joke. Pfizer got New London, CT to use eminent domain to take homes away from residents and now won’t be developing the property.  To make it even more painful, the jobs lured there by the deal are being moved to another town!

The Supreme Court badly damaged private property rights in America with this ruling and the end results show why government having absolute control over who gets to own what is foolish. Makes me wish the founding fathers had put something in the Constitution or Bill of Rights about private property.

Big Guy Picks on Little Guy, Government Doesn’t Care

Back when SEIU member continued the proud union tradition of beating people during a tea party protest, most of the media yawned about it.  Kenneth Gladney was the recipient of the attack because he dared pass out “Don’t Tread On Me” items outside a Rep. Russ Carnahan (D-CT) forum.  The left spun the story by claiming Gladney started the fight, but the police report says otherwise. Interesting to read the behavior of the SEIU members present, including another assault, resisting arrest, and one who tripped and tried to claim the police beat him!  The district attorney in St. Lois has yet to do anything about it and no charges have been filed despite the video and police report on the incident. This smacks of corruption and favoritism. Thank you Big Government for posting the report.

This Message Will Be Controlled

One thing that sets dictatorships and totalitarian states apart is they insist on absolute control of the news media. Censorship abound and everything has to be in line with what they want.  It may surprise people that totalitarians will suppress even those of the same ideological or political persuasion, not just their obvious opponents. No criticism is to small to be allowed. More and more the Obama Administration is showing these tendencies. Besides attacking Fox News there is the curious case of Indymedia, a left wing website. The demand by the Justice Department for information on people who browsed the site is a privacy rights nightmare list with the following info demanded: Social Security Numbers, bank account numbers, credit card numbers, and home addresses.  Read Ed’s post at Hot Air for the details of a truly bizarre story.

Secret Copyright Treaty Leaks

ACTA will affect Intellectual Property rights in the US and other countries beyond just dealing with counterfeit goods.  While this lecture at BoingBoing is a bit dry, it covers the concerns raised over this far reaching treaty. The idea of iPods being searched at the border is insane, but shows the reach of media companies into the government. Also, the ability to confiscate or destroy goods without compensating the owners is incredibly draconian. At around the 15 minute mark, the Internet provisions are discussed and I’ve touched on that before.

Orwell Predicted the Present

In Great Britain, phone companies and Internet Service Providers (ISPs) will be forced to keep every telephone call, web visit, email, and any other thing done on Internet on record for one year. Originally the ministers had wanted this stored on one central government database, but backed off from that. Even so, this quote is chilling to anyone who believes in privacy:

653 public bodies will be given access to the confidential information, including police, local councils, the Financial Services Authority, the Ambulance Service, fire authorities and even prison governors.

It is rapidly getting to the point where the only private communications in the UK will be face to face, for Big Brother is watching. The British are lost and only people fighting for their freedom will keep it here in the United States.

Governing the Internet

Intellectual property rights are all the rage in governance right now.  Having been pushed by media conglomerates for some time now as their faltering products fail to earn enough moola, governments are moving to halt piracy of music on the Net.  The latest attempt is a stealth move under the guise of an anti-counterfeiting trade agreement (ACTA).  Basically, the idea is to force the internet service providers (ISP’s) to be held responsible when someone downloads an illegal copy of a tune or movie.  Before this the individual was held responsible and the ISP’s were immune to prosecution. 

Why is this a bad thing?  Well, the US government hid the details of what is in the treaty and the countries that actually counterfeit music and movies aren’t involved in the treaty.  So it does nothing about counterfeiting and is all about snooping into the contents of people’s computers.  The ISP’s will have to do that to keep from being sued. That’s a big civil rights issue and once the ability to do that is granted, it won’t go away and will be abused.

IP rights are okay for a limited time, I personally believe 15 years is good enough with an exception made on religious materials.  If people aren’t allowed to rest on their laurels, it will encourage them to come up with new material.  I’m a big fan of intellectual ferment and the marketplace of ideas, so limiting IP to a shorter span would be a true stimulus of creativity.  Right now it feels like the whole world is going through the motions and repeating itself.  Be nice to break free of that stagnation, wouldn’t it?

The secrecy involved is the real deal breaker.  They wouldn’t be secretive unless they were up to something illegal.  Though what is legal is becoming more of a “we say so” kind of thing rather than true application of jurisprudence.  I think we are seeing the money out of Hollywood and the music industry behind all this as they are losing money due to inferior products.  They won’t admit this and have to blame something for their failure. However, the consequences of this push may much bigger than they understand.