b.cognosco

Where leaping to conclusions is my primary form of forward motion.

Most Popular

Book Reviews

Recently

Wednesday, November 17, 2004

When Ad-ing Equals Less

You buy a device, take it home, and the device manufacturer changes how the device operates post-purchase. WTF? This really is the objective of the media cartel - to subvert the entire concept of physical property ownership to the vagaries of intellectual property ownership. Good ole' Dan Glickman says so.

But this TiVo thing is really obnoxious. Where do you go? What do you do? Anyone up for building a FreeVo box?

On the Birth of TiVo-tising (Donna Wentworth)

Alan Wexelblat @ Blogbook IP:

Copyfight, among others, has been tracking the varied zigs and zags of TiVO as that company tries to navigate the shark-infested waters of modern electronics. OK, those are [Copyright] Cartel lawyers, not sharks, but who can tell the difference?

Now it appears that TiVo has sold out entirely, but not to the Cartel. Instead, they've climbed into bed with a coalition of 30 big advertisers to implement a "feature" (and I use that word advisedly) that takes away your ability to skip ads. Instead of a simple forward jump, you get to have your commercials overlaid with... wait for it... commercials. But they're TiVo's commercials. Soooo much better.

According to the LA Times story linked above, these "tiverts" as I think I'll call them will pop up during fast-forwards, offering contest entries, giveaways or links to other ads. And of course, this is accompanied by a vast giveaway (well, technically it's probably a sale) of your personal information to the advertisers.

Even if you don't participate in this effort to get you to mainline commercialism, you'll still be part of an intensive "market research" effort in which TiVo will examine your viewing habits on a second-by-second basis (no, I'm not making that up) and then sell THAT data.

"The message we really want to get across," says Davina Kent, TiVo's advertising and research sales manager, "is that we now have a dedicated road map for advertising." It's completely unclear to me whether they have a dedicated roadmap for customer satisfaction.

Another must-read post, on the off-chance you haven't seen it yet: TiVo Sells Your Fast-Forward Button to Advertisers [Cory Doctorow @ BoingBoing]. [via CopyFight]

Posted by:  Terry Frazier at 6:45 PM  | Permanent Link  | Trackback URL | 
Categories: Copyright, Technology

Friday, November 12, 2004

Dan Glickman on the Importance of Movies to America

Dan Glickman, new President and CEO of the Motion Picture Association of America (MPAA) and the successor to Jack Valenti, is speaking to the National Press Club on C-SPAN.

He's spending a lot of time explaining how movies are the storytellers of our time, and drawing analogies to campfires and cultural exchange. Of course, he doesn't mention that no one ever copyrighted those stories, or that his industry is built largely off those stories and never paid anyone a dime for them.

• The movie industry is a leading economic driver in the US. Exports more than imports. Talks about how the movie industry is bigger than lots of other industries. Calls it a valuable, new 21st-century, information-based business.
• Technology is wonderful, but the greatest threat this industry has ever known. The movies thrive on new technology. We have our own geniuses. We know technology. Look at all the ways you can buy movies today. Providing movies over the internet is very exciting. Of course, he fails to mention that the MPAA fought all these technologies at every opportunity. Says we will fight to protect copyright while protecting innovation (within the industry - nowhere else.)
• Now quoting a bunch of economic stats.
• Now talking about suing customers. We have to do this. We cannot let them permanently damage our business. Movie business loses $3.5 billion annually on piracy. No mention of how they calculate this number. Calls his customers thieves. Says downloading is just like walking out of Blockbuster with a DVD. Says we have to provide good product, at a reasonable cost, in a convenient fashion for customers. We have to let them get it in ways that they want, at a cost they find acceptable.
• Quotes the Copyright Act to Protect and Promote...etc. Says we need to push our copyright law out to other countries.
• Now talks about in-theatre camcorder usage. Very bad. 
• Now about educating students that the only people that can be trusted with intellectual content is the movie industry.
• Now about working with tech companies to make computers into better TVs.
• Now talks about their really bad business practices -- $140 million average cost. 6 in 10 fail.
• If MPAA falls the entire spectrum of movies, blockbusters to independents, will collapse with it.

Now there is Q&A.

• Can you support more screens to show independent films? - The industry fully supports independents. The studios recognize this.
• Where do pirates get access? Isn't it in the industry itself? - Primarily due to camcorders. Technology has really made this a tough thing to stop. Putting rewards in place, working with theatres.
• Will the movie industry lose favor just like the music industry did by attacking customers? - The music industry had some troubles, but is coming out of this ok. We have no choice. These are not customers. These are thieves. We have to signal them. You cannot take someone else's property without compensating them for it. If we don't stop it now we'll be in the same shape as the music industry.
• Will the new laws on camcording movies be enforceable? How? - This is just like robbing a bank or stealing food from a store. We have to stop it.
• Can you describe edu initiatives that are under way? - Gives kudos to American Mullah John Ashcroft. Says he's given this issue more focus and support than any AG in history. Says he has helped universities and colleges understand they have the ability to shutdown student systems. Says the French are in lock step with the MPAA on stopping piracy. But others, mostly Asian, are not.
• Will Republican control in Washington be a problem? Is Hollywood perceived as being out of touch with "red state" America? - Say MPAA is non-partisan. We pay both sides no matter who's in charge. We always have. We spend a lot of time making sure that our interests are well known on both sides of the aisle. Says freedom of expression is important. The industry can make wonderful movies for all kinds of audiences, still recognizing right to innovate. Talks again about the economic impact. Balance of payments is favorable. Movies create all kinds of jobs - not just for stars but for writers, crewmen, popcorn salesmen, etc. Huge industry.
• Do you plan to lobby more and what legislation can we expect? - Stacy Carlson new head of gov't relations. Building new lobbying team. I was hired because of my relationships in DC. We'd like in-theatre camcording to be a federal crime. (Sheesh!) We have to protect copyright. But we also want to protect the free expression of ideas.
• How do you plan to work with the tech industries? - Will go to CES and try to work with tech companies. Need to find new ways to distribute, but have to protect copyright. Can do both. Don't have to trade off.
• Is the business model of film to theatre to DVD to cable going to survive? - passes on this question.
• Who are you suing now? Can we expect to see more lawsuits? Are you suing individuals? - The RIAA did face some legal challenges but we've learned from that and we have to go through a more difficult process.
• Why do you think people are so comfortable "stealing" IP today, or buying it from people who do steal it? - Says the internet has given people the idea that whatever in their home is theirs. Has made it difficult to establish ownership rights. This is very tricky. The internet changes the paradigm. Ownership will be an issue for all kinds of areas in the future.
• How does politics in Hollywood compare to politics in Congress? - too early to tell.

Posted by:  Terry Frazier at 5:46 AM  | Permanent Link  | Trackback URL | 
Categories: Copyright

Tuesday, October 26, 2004

DMCA Setback for Lexmark

Sixth Circuit reverses Lexmark DMCA Ruling (Jason Schultz)

This just in --- Static Control Corp. has won its appeal against Lexmark over the right to produce after-market replacement cartridges for Lexmark printers.
Read the opinion here
More on the case here. [via Copyfight.]

Posted by:  Terry Frazier at 9:35 PM  | Permanent Link  | Trackback URL | 
Categories: Copyright

Down Under (Way Under) Copyright

The situation in Australia is different. We don't even have a fair use policy that applies to homes and so many of the technologies such as iTunes are technically illegal anyway. Australian copyright prevents you from copying a CD to a computer. Even if you own both. Even video from TV and the newer DVD recorders should remain in their boxes.

Generally, you will need permission to tape from TV

There is no exception which allows you to tape from TV for private use-for example, to watch a program at a more convenient time, or to watch a program again, or to give the tape to your friends to watch.

There is a very limited exception which means that you do not infringe copyright in the broadcaster's copyright by taping for private use. However, there are nearly always other copyrights to consider-including the copyright in the moving images and sounds, the copyright in any script or screenplay, and the copyright in any music.

This means that you will generally need permission to tape from TV. [Australian Copyright Council]

[via Quantum Gardener]

Posted by:  Terry Frazier at 9:00 AM  | Permanent Link  | Trackback URL | 
Categories: Copyright

Syndication

Contact

 

Presence

 

 
 ICQ

 

 

 

www.flickr.com More of GratefulZed's photos

This Page was last updated: Wed, 02 Jul 2008 22:06:57 GMT