The big six film studios take RealDVD to court this week in San Fransico. They claim RealDVD violates copyright an if they win will be questioning whether consumers can make copies as they have done with music, video and audio for many years.
RealDVD, made by RealNetworks, allows DVD owners to make digital copies of their discs onto a computer or laptop hard drive for their own personal use. However online dwnloadable versions can now be purchased and some studios let users make a digital copy of a movie onto a computer by paying extra for an "expanded edition" of a DVD.
As RealDVD effectively bypasses DRM controls, the movie studios, represented by the Motion Picture Association of America (MPAA), claim it is illegal under the DMCA (Digital Millennium Copyright Act). The movie studios fear a ‘rent, rip and return’ culture where the end copy can get shared and loose revenues.
RealNetworks, claim that the digital version made using RealDVD can only be played on the computer that made the copy. The National Consumers League, a consumer watchdog group, said a survey it conducted in conjunction with RealNetworks showed consumers want choice.
RealDVD is not alone in what it does, but that is no defence. So is the question more about behaviour and education or about control and restrictions? We all know that the more you restrict and control the more the incentive to break it. The next problem is defining the loss. One side says its huge, crippling and could bring the industry to its knees, the other that it may be a likened to shrinkage in a store – it happens.
It’s somewhat ironic that the case in the U.S. District Court for the Northern District of California is being heard by Judge Marilyn Patel. She presided over the Napster case and eventually shut down the original peer-to-peer music file-sharing service.
Showing posts with label MPAA. Show all posts
Showing posts with label MPAA. Show all posts
Tuesday, May 05, 2009
Wednesday, August 06, 2008
US Education Establishments Forced to Play Copyright Cops
In the US a bill has been passed in the House that will empower the secretary of education to withhold federal financial aid money to schools that do not develop and implement solutions to reduce the amount of illegal downloading. The bill now just needs presidential signature.
Schools and Universities now must inform students that they could face civil or criminal charges if they are found to be illegally downloading copyrighted material. They must also develop a file sharing policy and inform the Education Department on the steps taken to prevent and detect illegal file-sharing.
On one hand the schools point out that this is a non funded exercise that they must find funds to cover and on the other hand the bill is welcomed and fully supported by the Copyright organizations such as the Copyright Alliance, the National Music Publishers' Association and the Motion Picture Association of America.
The MPAA claimed that piracy on university campuses accounted for 44% of the movie industry's annual losses to piracy. A claim later found to be grossly inflated and withdraw. The RIAA published a list of top piracy schools but faced serious court setbacks when it tried to develop a site to handle automated settlements. The MPAA also distributed a software toolkit for detecting file-sharing, but was forced to discontinue its distribution when it was discovered that they themselves had broken copyright by failing to adhere to its General Public License under its distribution.
Currently there are no penalties for failing to comply with the requirements but the structure is now in place to implement them and then schools and universities could be denied funding.
The problem is that this is merely just shifting the problem down the line and not addressing any of the core issues. Threatening to withhold funding against an institution who has to combat any illegal peer sharing at their cost is similar to asking ISPs to be responsible for what everyone does on their service. It’s ironic that the bill reaches this stage at a time when the world is watching China and what it allows and doesn’t on the Internet.
Schools and Universities now must inform students that they could face civil or criminal charges if they are found to be illegally downloading copyrighted material. They must also develop a file sharing policy and inform the Education Department on the steps taken to prevent and detect illegal file-sharing.
On one hand the schools point out that this is a non funded exercise that they must find funds to cover and on the other hand the bill is welcomed and fully supported by the Copyright organizations such as the Copyright Alliance, the National Music Publishers' Association and the Motion Picture Association of America.
The MPAA claimed that piracy on university campuses accounted for 44% of the movie industry's annual losses to piracy. A claim later found to be grossly inflated and withdraw. The RIAA published a list of top piracy schools but faced serious court setbacks when it tried to develop a site to handle automated settlements. The MPAA also distributed a software toolkit for detecting file-sharing, but was forced to discontinue its distribution when it was discovered that they themselves had broken copyright by failing to adhere to its General Public License under its distribution.
Currently there are no penalties for failing to comply with the requirements but the structure is now in place to implement them and then schools and universities could be denied funding.
The problem is that this is merely just shifting the problem down the line and not addressing any of the core issues. Threatening to withhold funding against an institution who has to combat any illegal peer sharing at their cost is similar to asking ISPs to be responsible for what everyone does on their service. It’s ironic that the bill reaches this stage at a time when the world is watching China and what it allows and doesn’t on the Internet.
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