David Kirkpatrick

February 6, 2009

The digital world and the entertainment industry

Filed under: Arts, Business, Media, Technology — Tags: , , , , — David Kirkpatrick @ 1:59 pm

I’ve blogged on the battle betweendigital media and the entertainment industry (link goes search for RIAA, but both RIAA and MPAA are equally stupid on this topic. The RIAA is just a little more stupid) and how futile this fight is for the dinosaurs.

In fact, the war is over and the industry has lost. Lost credibility, angered customers and is now way behind a curve that could have been used as a slingshot into the future. Instead both the RIAA and MPAA are floundering.

I don’t the MPAA is going anywhere, but I wouldn’t be the least bit surprised if the RIAA either ceases to exist, or continues in a radically different form within five years. I can see the major labels pulling away from an organization that increasingly acts like a cornered, dying beast.

Here’s a story on how “digital pirates” are blowing past every blockade Hollywood movie studios throw in the way.

From the link:

On the day last July when ”The Dark Knight” arrived in theaters, Warner Brothers was ready with an ambitious antipiracy campaign that involved months of planning and steps to monitor each physical copy of the film.

The campaign failed miserably. By the end of the year, illegal copies of the Batman movie had been downloaded more than seven million times around the world, according to the media measurement firm BigChampagne, turning it into a visible symbol of Hollywood’s helplessness against the growing problem of online video piracy.

 

The culprits, in this case, are the anonymous pirates who put the film online and enabled millions of Internet users to view it. Because of widely available broadband access and a new wave of streaming sites, it has become surprisingly easy to watch pirated video online — a troubling development for entertainment executives and copyright lawyers.

Hollywood may at last be having its Napster moment — struggling against the video version of the digital looting that capsized the music business. Media companies say that piracy — some prefer to call it ”digital theft” to emphasize the criminal nature of the act — is an increasingly mainstream pursuit. At the same time, DVD sales, a huge source of revenue for film studios, are sagging. In 2008, DVD shipments dropped to their lowest levels in five years. Executives worry that the economic downturn will persuade more users to watch stolen shows and movies.

October 25, 2008

Associated Press facing real heat

Filed under: Business, Media — Tags: , , , , , — David Kirkpatrick @ 2:18 pm

It’s about ‘effin time. The “Anachronistic Press” has been so brain dead about everything internet it’s sad. Reminds me of the RIAA and MPAA’s futile and doomed efforts against this digital world.

From the BuzzMachine (first) link:

So now Tribune Company has given the AP notice – two years’ – to cancel, joining the Minneapolis Star Tribune, Bakersfield Californian, Idaho Falls Post Register of Idaho Falls, and Yakima Herald-Republic and Wenatchee World. These are more than shots across AP’s bow. They are shots at the AP, which has to reinvent itself. More on that later.

October 13, 2008

RIAA losing battles and already lost war

I’ve done some blogging on the RIAA and MPAA copyright battles. I love the entertainment industries, but these organizations are doing much more harm than good suing ordinary people and flailing about in death throes.

And even the base strategy is a losing propostion. I think the war is long over even if both are still fighting.

From the second link, a New America Foundation analysis:

The Recording Industry Association of America (RIAA) has been taking a lot of people to court–basically, harassing folks in an attempt to curb file-sharing. The $220,000 verdict against Jammy Thomas got a lot of news (and probably worried a lot of folks). However, on appeal (i.e., after a new court not cherry-picked by the RIAA to try the case looked things over), the RIAA lost… again. ZDnet covered the verdict.

At its heart, the verdict reaffirms that simply making a copyrighted work available is not the same as actually distributing the work. In other words, copyright holders actually have to show harm before they can sue the pants off of people. More importantly, it lends yet more weight to the notion that our copyright laws are woefully out of date and that the RIAA has systematically overstepped the legal bounds of its authority under existing copyright law.

October 11, 2008

If you have an interest in online copyright …

… piracy and what can be considered fair use, go read this essay by Lawrence Lessig at the Wall Street Journal.

I’ve blogged on the idiotic crackdown by both the RIAA and the MPAA on online file trading. There are arguments on both sides — there is some real piracy out there and there’s lot of fair use, with a bit of actual piracy thrown in that actually increases sales by giving consumers a taste of the product.

The fact is the recording and motion picture industries have already lost this war, even as they occasionally win one of their one-sided-legally battles. You could think of pre-digital files as the age of the dinosaur and this new era of data storage and selling/trading/sending as the dawn of the age of the mammal. We know how the original end of that metaphor turned out.

From the link, but do go read the entire piece:

In early February 2007, Stephanie Lenz’s 13-month-old son started dancing. Pushing a walker across her kitchen floor, Holden Lenz started moving to the distinctive beat of a song by Prince, “Let’s Go Crazy.” He had heard the song before. The beat had obviously stuck. So when Holden heard the song again, he did what any sensible 13-month-old would do — he accepted Prince’s invitation and went “crazy” to the beat. Holden’s mom grabbed her camcorder and, for 29 seconds, captured the priceless image of Holden dancing, with the barely discernible Prince playing on a CD player somewhere in the background.

Ms. Lenz wanted her mother to see the film. But you can’t easily email a movie. So she did what any citizen of the 21st century would do: She uploaded the file to YouTube and sent her relatives and friends the link. They watched the video scores of times. It was a perfect YouTube moment: a community of laughs around a homemade video, readily shared with anyone who wanted to watch.

Sometime over the next four months, however, someone from Universal Music Group also watched Holden dance. Universal manages the copyrights of Prince. It fired off a letter to YouTube demanding that it remove the unauthorized “performance” of Prince’s music. YouTube, to avoid liability itself, complied. A spokeswoman for YouTube declined to comment.