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  1. #1
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    Its wrong.. but up to 3 years in jail? Movie Distribution...

    I do not agree with copyrighted music swaping and movie swaping, nor do I do it myself.. but c-mon.. Up to 3 years in jail for a single copy of pre-released movie??

    I have seen career criminals, theifs, assultists, drug dealers, and wife beaters get less than 3 years in jail. Don't you think our justice system (or more so law makers) are getting out of hand?


    SOURCE: http://news.com.com/Prison+terms+on+...3-5677232.html


    Update: File-swappers who distribute a single copy of a prerelease movie on the Internet can be imprisoned for up to three years, under a bill that's slated to become the most dramatic expansion of online piracy penalties in years.

    The bill, approved by Congress on Tuesday, is written so broadly it could make a federal felon of anyone who has even one copy of a film, software program or music file in a shared folder and should have known the copyrighted work had not been commercially released. Stiff fines of up to $250,000 can also be levied. Penalties would apply regardless of whether any downloading took place.

    If signed into law, as expected, the bill would significantly lower the bar for online copyright prosecutions. Current law sanctions criminal penalties of up to three years in prison for "the reproduction or distribution of 10 or more copies or phonorecords of one or more copyrighted works, which have a total retail value of $2,500 or more."

    The bill could be used to target casual peer-to-peer users, although the Justice Department to date has typically reserved criminal charges for the most egregious cases.

    Invoking a procedure used for noncontroversial legislation, the U.S. House of Representatives on Tuesday overwhelmingly approved the measure, called the Family Entertainment and Copyright Act. Because the bill already has cleared the Senate, it now goes to President Bush for his signature.

    Enactment of these criminal penalties has been a top priority this year for the entertainment industry, which has grown increasingly concerned about the proliferation of copyrighted works on peer-to-peer networks before their commercial release.

    "This bill plugs a hole in existing law by allowing for easier and more expeditious enforcement of prerelease piracy by both the government and property owners," said Mitch Bainwol, chairman of the Recording Industry Association of America. "We applaud Congress for taking this step."
    PC secrets

    The bill's supporters in Congress won passage of the prison terms by gluing them to an unrelated proposal to legalize technologies that delete offensive content from a film. That proposal was designed to address a lawsuit that Hollywood studios and the Directors Guild of America filed against ClearPlay over a DVD player that filtered violent and nude scenes. (ClearPlay had gained influential allies among family groups such as the Parents Television Council and Focus on the Family.)

    Peer-to-peer network operators criticized Congress' vote on Tuesday.

    "It appears the entertainment industry has once again gotten Congress to use taxpayer dollars to clean up their internal problems," said Michael Weiss, chief executive of StreamCast Networks. Weiss, whose company distributes the Morpheus client, says that many movies and music files that find their way to the Internet early are provided by insiders in the entertainment industry.

    Adam Eisgrau, executive director of P2P United, a peer-to-peer software industry association, said his group remains "concerned that the nature of the punishment remains radically disproportionate to the technical crime."

    Added Peter Jaszi, a professor at American University who specializes in copyright law: "I don't think this is an approach that is well calculated to create respect for the system."

    The criminal sanctions embedded in the Family Entertainment and Copyright Act have been inching their way through Congress since late 2003. An earlier version was drafted in response to footage of "Star Wars: Episode II," "Tomb Raider" and "The Hulk," reportedly surfacing on peer-to-peer networks before their theatrical release. A few months earlier, the major studios had halted their normal practice of sending DVD "screeners" to Academy Award judges.

    "I am pleased that the House has passed this bill, which takes us forward in the fight to prevent the most egregious form of piracy--the illegal copying and unauthorized distribution of 'prereleased' works," Sen. Dianne Feinstein, a California Democrat, said after the vote.

    Public interest groups have criticized the measure, saying that the strict criminal sanctions do not take "fair use" rights into account. Other sections of the bill create new federal prison terms of up to three years for anyone who unlawfully records a movie in a theater and provide copyright holders with new civil remedies for prerelease movies, music and software that is registered with the U.S. Copyright Office.

    Under a 1997 law called the No Electronic Theft Act, copyright infringement has long been a federal crime when the value exceeded $1,000, even if no money changed hands. But Hollywood and the RIAA have argued that it has been too difficult to convince the Justice Department to prosecute people who have been distributing prerelease movies and music.
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  2. #2
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    That's why I love Netflix and Napster. No need to worry about any of that.

  3. #3
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    True... we are a big Netflix fan.. been a customer with them for quite awhile now. Its a great service
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  4. #4
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    what is netflix?

  5. #5
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    www.NetFlix.com - Its a monthly rental service that you can rent anywhere from 1 - 50 DVDs per month. Price ranged from $10/mo - $48/mo.

    www.blockbuster.com now has a similiar program for $14.. I think..
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  6. #6
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    yeah i just spotted that. did a google on the work netflix

    cheers

  7. #7
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    interesting, definetly much mroe severe than before, but most people that the RIAA got were the innocent victims...not the technical savvy ones..
    All life is an experiment. The more experiments you make the better.

  8. #8
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    Originally posted by RealtorHost
    www.NetFlix.com - Its a monthly rental service that you can rent anywhere from 1 - 50 DVDs per month. Price ranged from $10/mo - $48/mo.
    This is very inaccurate. Netflix's business model is to eliminate just what you suggested they have -- a limit to how many DVD's you can rent per month. (However, Netflix has, to my disappointment, just started offering one plan where you can get 2 DVD's at once with a maximum of 4 per month)

    How much you pay monthly depends on how many DVD's you want to be able to have out at once. There is absolutely no contractual limit to how many DVD's you can have out in a month (with every one of the plans but one, the newest one), as long as you only have the specified amount of DVD's in your possession at once. For example, if you pay $18/month, you can have 3 DVD's out at once, and when you've watched or are finished with one, you simply seal it up in a very easy, self-sealed, already-postmarked envelope and stick it in your mailbox. In a day or two, a local distribution center will receive the DVD and immediately send out a new one from the top of your queue, which can hold up to 400 DVD's.

    It is -- or at least, was, until other companies sprouted up or started offering this same service, with hopes of competing against Netflix -- a very unique business model, and I think it is both profitable for the company and offers the consumer a very wide array of choices and a very convenient way of renting and watching DVD's at (almost) a whim.

  9. #9
    I think im going to go to netflix. There are a couple of movies I haven't seen yet.
    Money is the root of all evil. So if you don't want to go crazy, give it all to me

  10. #10
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    Originally posted by SniperDevil
    This is very inaccurate. Netflix's business model is to eliminate just what you suggested they have -- a limit to how many DVD's you can rent per month. (However, Netflix has, to my disappointment, just started offering one plan where you can get 2 DVD's at once with a maximum of 4 per month)

    How much you pay monthly depends on how many DVD's you want to be able to have out at once. There is absolutely no contractual limit to how many DVD's you can have out in a month (with every one of the plans but one, the newest one), as long as you only have the specified amount of DVD's in your possession at once. For example, if you pay $18/month, you can have 3 DVD's out at once, and when you've watched or are finished with one, you simply seal it up in a very easy, self-sealed, already-postmarked envelope and stick it in your mailbox. In a day or two, a local distribution center will receive the DVD and immediately send out a new one from the top of your queue, which can hold up to 400 DVD's.

    It is -- or at least, was, until other companies sprouted up or started offering this same service, with hopes of competing against Netflix -- a very unique business model, and I think it is both profitable for the company and offers the consumer a very wide array of choices and a very convenient way of renting and watching DVD's at (almost) a whim.
    Yes, but its only possible to have so many movies in 30 days. I say its impossible to get 50 movies a month, so in a way, there is a limit.
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  11. #11
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    Originally posted by BillNathan
    Yes, but its only possible to have so many movies in 30 days. I say its impossible to get 50 movies a month, so in a way, there is a limit.
    Sure, there is a practical limit, but not one in the way the person whom I quoted suggested. He misrepresented the Netflix service, and I thought I should clear things up.

  12. #12
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    Originally posted by SniperDevil
    This is very inaccurate. Netflix's business model is to eliminate just what you suggested they have -- a limit to how many DVD's you can rent per month. (However, Netflix has, to my disappointment, just started offering one plan where you can get 2 DVD's at once with a maximum of 4 per month)

    SniperDevil i've been a NetFlix customer since day #3 of it opening. Try their 8-Deal package.. and see how many DVDs you can get it a month. Considering it takes (on average) 2 - 3 days to even receive a DVD.. its 8 DVDs per week.. lets times 4 shall we.. and it equals = *TADA* 32. I was being a tad over zealous by stating 50.. as we were never able to get 50 in a month.

    You even stated they started to limit how many DVDs you get in a month. I've been a loyal customer since the beginning, and i've used everyone of their packages from 1 - 8 DVDS per time.. you?

    Sure, there is a practical limit, but not one in the way the person whom I quoted suggested. He misrepresented the Netflix service, and I thought I should clear things up.
    I didn't missrepresent anything.. I just stated what exactly you can and can't do. Pay the $47.99 per month and prove me wrong... I've done it.. you won't be able to. So I double-quadruple-double dog dare ya! hehe
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  13. #13
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    I can understand if you download it, and then sell it.
    But 3 years for downloading a movie, that is complete BS.

  14. #14
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    Originally posted by RealtorHost
    SniperDevil i've been a NetFlix customer since day #3 of it opening. Try their 8-Deal package.. and see how many DVDs you can get it a month. Considering it takes (on average) 2 - 3 days to even receive a DVD.. its 8 DVDs per week.. lets times 4 shall we.. and it equals = *TADA* 32. I was being a tad over zealous by stating 50.. as we were never able to get 50 in a month.
    I never said there wasn't a practical limit on how many DVDs you can get per month, however there is no contractual limit. Obviously your mileage will vary, depending upon your location and other factors, but the limit is only practical and not contractual.

    Originally posted by RealtorHost
    You even stated they started to limit how many DVDs you get in a month. I've been a loyal customer since the beginning, and i've used everyone of their packages from 1 - 8 DVDS per time.. you?
    No, they're not starting to limit how many DVDs you can get in a month by any means. They ostensibly just wanted to (a mistake, IMHO) tap into the cheaper market for those who only want a few DVDs a month and/or who want to pay a minimal amount for said service. It doesn't take one who has tried every service they offer to know this, and that argument is just ludicrous. But, for the record, we have tried the 3, 4, and 5 DVD "packages" as a -- I believe -- 3 year customer of Netflix.


    Originally posted by RealtorHost
    I didn't missrepresent anything.. I just stated what exactly you can and can't do. Pay the $47.99 per month and prove me wrong
    Yes, in fact, you did misrepresent the service. First of all, even with the most basic "package", you get more than one DVD per month. Secondly, you represented the service as such that there would be a contractual limit on the number of DVDs one can have per month, and that would most definitely effect confusion on people who were or are less privy to knowledge on the service, especially without explanation, such as how the service works -- which is exactly what my post was about.

  15. #15
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    Originally posted by ilyash
    I can understand if you download it, and then sell it.
    But 3 years for downloading a movie, that is complete BS.
    While I agree with Realtorhost that our justice system is out of whack, I don't understand why so many people think its OK to D/L copyrighted music, movies etc. It is after all illegal, if caught you have to expect to "pay the price", what's debatable is whether or not the proposed punishment fits the crime.
    After all if someone hacked your server and started using it because "the internet is free" you would be upset. Or if someone stole your software or design you would be upset. So many times I have seen various people post complaints of company XYZ stealing their web design or slogan. But somehow stealing music or movies is supposed to be OK.
    Sorry I just don't get it.
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  16. #16
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    I have no sympathy for downloaders but I don't think my taxes should be spent to incarcerate them. There either needs to be an effective yet inexpensive (to the taxpayer) punishment or maybe the RIAA/MPAA could pay for the prison stay since the legislation is so specifically written to their benefit.

  17. #17
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    I'm not going to agree with this. I do not think stealing is right at all and I do agree with the idea that people who do so, should pay.

    But what about the user who knows not what is going on?

    More and more, the home user is becoming a very large target. "Hackers" and "a like" no longer target big companies or goverment servicer, rather the home user. Should someone get access to your system and use it to host files... Should you pay the price? Already there are people who's pc's are being used to send out spam and other junk. This bill does not address that. Only that as long as it happens on your system, you're f*cked!
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  18. #18
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    All I have to say is... Do not do the crime if you do not want to do the time! I think 3 years is to soft on some of these people.

  19. #19
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    Originally posted by Torith
    All I have to say is... Do not do the crime if you do not want to do the time! I think 3 years is to soft on some of these people.
    Agreed. But what happens if you didn't do it, but someone else did on your system? Either remotely or while on your computer. Should you pay for their actions? I would hope not, but this bill does not address that.
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  20. #20
    Even though stealing is wrong.. No one is saying that its right. But take a look at it.. People who do much worse sometimes gets easier punishment. I've seen people who robbed people with a loaded weapon get a year.
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  21. #21
    I am not sure how you guys interpret this, but from where I come from, you could be hanged if a popee tree grows outside your house compound.

    The law is made to protect the interest of the society. Having a copy of PreReleased movie could be called criminal act because the producer could have spend millions to produce it. Hence such act of owning and distributing the pre release will create damages to the producer/company.

    If the law does not prohibit, that could mean the end of the movie industry. No more movie in theather.

    Sad but true. Before VCD technology come about, (or CD writers), there was 3 movie theater/cinema in my home town. But sadly ever since the distribution of pirated movies began, all of them shut down.


    Joshua
    Last edited by joshuayip; 04-21-2005 at 12:35 AM.

  22. #22
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    I'm greatly disappointed and worried that no one has addressed my question. Another reason why I want to leave this country.

    The question was, "what if you didn't do it, but someone else placed it on your system without you knowing? Either remotely or while on your system."

    The unsaid answer seem to be... "Tough sh*t. As long as someone (anyone) pays for it."

    This is unacceptable and another reason why I believe we no longer have the interest of the people. We should protect the innocent and seek out the truth, to bring justice upon the guilty. We've become so quick and "needy" to point blame, that it has become enough in the public eye.
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  23. #23
    How about you create a disc scanner, every day it will scan your drive for any file bigger than ...say 50MB. Now this scanner will report to you by email. Then you are showing you are taking preventive measure. And if the system works, you should be able to detect and rectify the problem before it turns ugly and turns on you .

    Hope this helps

    Joshua

  24. #24
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    Read the law real careful it says PreReleased movie meaning a movie that is not even in the theaters yet. Has not been sent to distrubution.
    That is aimed at people that work in the movie industry and steal a movie before it is released to be seen by the general public and try and sell it or offer the pirated version for sale.

    I do not disagree with it all, how many of you are willing to pony up $100 milion to make a movie and before you even get the thing cut and sent to theaters find out that half a million or so copies are floating around out there for free?

  25. #25
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    What Atlantis is asking here is a huge concern. How many hosts do we see every week that has found out they are gateways for phishing scams, warez or other general hacks they didn't know about. Home PC users are even worse off as most that are infected with spyware do not know about it. There are huge tech bulletins that broadband users computers are being used as servers to help distribute sites, software and other things. How can they prosecute someone who doesn't know how to operate a computer securely? The RIAA has proven to be nothing but a bunch of blabbering idiots thus far. Most of the busts made by them are not hitting the source but the 13 year old end user who doesn't know and the parent that didn't know. I agree with the Morpheus guy, the record/movie companies need to fix the problem from within instead of trying to blame the public on their failing. Stop churning out so many crappy albums/movies that should have been chopped on the approval floor and actually stop trying to keep raising prices of CDs/DVDs when the technology is getting cheaper.
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