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Tag: Copyright (page 2 of 3)

Think the DMCA Is Bad? How About a Law That Starts U.S. Internet Censorship?

Internet censorship

We’ve written a few times before about the entertainment industry’s war against piracy, and the collateral damage that it causes. We’ve covered the U.S. government’s seizure of domains without due process, the government’s mistaken take down of 84,00 innocent sites, and attempts to push through a treaty with other nations that would, among other things, make it illegal to unlock phones. That was bad, but if a bill that is currently under consideration today is passed, things could get much worse.

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Netflix, Starz Battle Ends with Netflix Down Disney and Sony Content on February 28, 2012

Netflix, Starz Battle Ends with Netflix Down Disney and Sony Content on February 28, 2012 | 40Tech

Recently, Netflix angered a large amount of its US subscriber-base by announcing changes to its pricing model. It used to be that, if you wanted to do the Neflix videos-by-mail thing and stream content as well, it would only cost you an extra couple of bucks per month. Now (as of two days ago, in fact), if you want both, you need to pay double — $7.99 for each service. While the Netflix move may be understandable, and part of a potentially larger plan to phase out physical delivery altogether, the customer backlash was also unsurprising — and significant.

To make matters worse for Netflix, on the very day that the new pricing came into effect, Starz, the distributor of Sony and Disney content decided not to renew their contract with Netflix. This is probably going to hurt Netflix customer relationships even more, but believe it or not, it happened as a result of Netflix attempting to preserve their pricing model, and, presumably, to keep their customers from imploding.

Netflix has been doing well, business-wise, of late. They opened up content streaming in Canada — which I use all the time, even though we don’t get the coolest content up this way — and they have plans for world internet-streaming domination that could be very viable. Unfortunately, their content and entire business is dependent on their relationship with content license owners. Starz Entertainment apparently insisted that Netflix put their content behind an additional pay-wall, making customers pay more to access it. Netflix offered them in excess of $300 million per year for the content, but that wasn’t good enough for Big Media, who initially asked for more than 10 times what Netflix paid them in 2008, according to the Wall Street Journal.

In a press release, Starz cited the usual spiel regarding “protecting the premium nature” of their brand and “preserving the appropriate pricing” of their “exclusive and valuable content.” The bottom line here, however, is that Starz holds all of the cards here. Disney and Sony content is good content. It is sought after. In a statement to Business Insider, Netflix CEO Reed Hastings maintains that it only marks 8% of their overall audience views, and that the content would have likely gone down to 5-6% of domestic views by Q1 2012 anyway, but as we all know, it takes less than 8% of pissed off people who perceive that they’ve lost something they felt they paid for to make 80%-sized noise about it.

One also has to wonder if other Big Media groups will follow Starz lead. To many of them, Netflix is likely more of an experiment that they tolerate to see if it will pay out big in the long run. Now that the dollars are coming in, naturally, they are going to want a bigger cut — one that makes them feel more like they are returning to their original business model that made them a money hand over fist — you know, before the advent of broadband and the explosion of extremely easy content piracy.

Speaking of piracy… it has been proven that consumers, by and large, are willing to pay a subscription price for content. If they weren’t, Netflix would never work; neither would Hulu Plus, Rdio, Sirius, pay-to-play MMORPGs, or any of the other premium-based multimedia providers out there. However, those prices need to be reflective of the general feel of pricing online — pricing that Apple was the baseline for with iTunes and apps taking over the online world as we know it. That is to say, the pricing needs to be low-ish. If all of the major license holders start clamouring “premium subscriptions for our content or else,” Netflix and their sizeable customer base will be threatened. When a media consuming customer base is threatened, they jump ship — and they have a tendency to land in a submarine that stealths its way into a dialect punctuated with “yo ho ho’s” and the occasional “Aaargh!” Not to beat the pirate metaphor to death or anything…

So what do you think of Starz demands for a Netflix pay-wall for their content? What about their decision to pull out? Should Netflix have given in?

U.S. Government “Accidentally” Seizes and Shuts Down 84,000 Websites

DOJ seizes 80000 domains

Two months ago, we wrote about the U.S. Department of Justice’s largely unilateral seizure of domain names of commercial websites that were engaged in counterfeiting. We’ve now seen the danger of that process, with the government pulling a major “whoopsie” and mistakenly shutting down a large number of perfectly innocent sites, as the government went after child pornography sites.

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How the U.S. Government Was Able to Seize BitTorrent Domains Without Due Process

U.S. seizes domain names

By now, you’ve heard how the United States Department of Justice seized the domain names of several commercial websites that were accused of engaging in counterfeiting.  Among these were some file sharing sites.  If the seizure shocks your idea of fair play, you’re not alone.  How exactly did the U.S. government seize these domain names, without giving the site owners a chance to defend themselves?

Ars Technica has a fascinating article detailing the seizures.  In short, the government filed an affidavit to support the seizure request.  In that affidavit, the government trotted out data and statistics it had received from those in the movie and music business.  As Ars Technica reported,

[Immigration and Customs Enforcement (ICE) Special Agent Andrew] Aeynolds doesn’t attempt to hide his obvious reliance on the content industries; his affidavit is littered with comments like, “according to the MPAA…” and “based on my participation in the investigation and my discussion with MPAA representatives…” In the end, ICE got its way; a US Magistrate Judge signed off on the seizure order, and the domain names,,,, and were seized and redirected to an ICE warning image.

Even more disturbing, the seizures do not appear to be part of any criminal case.  If they were, then perhaps an argument could be made that the seizures were similar to a seizure of physical property as part of a criminal investigation.  As Ars Techicna noted, though,

the case was closed after the order was executed. In searching the federal courts, we can find no evidence that these five sites are actually being prosecuted. The domains were simply seized, and while it did happen with a court order, the sites were not given any chance to respond and none appears to be forthcoming.

Wow.  Don’t confuse my feelings on theft of an author’s work.  It stinks.  If we want content creators to keep producing content, we need to find a way to make sure that they get paid.  Freeloaders are only shooting themselves in the foot in the long run.

But is this really how we want our government to go about doing business?  Should our government be able to seize a domain name, without giving a site owner a chance to defend himself?

Shame on you, freeloaders.  But even more so, shame on our government officials.  You’ve stained the reputation of the United States, and conveyed to the world, rightly or wrongly, that our leaders whore themselves out to an industry willing to pay enough money.

Now that I’ve effectively insulted those on both sides of the argument, let me know in the comments if I’m missing the boat here.  Where do you fall in this debate?

Undue process: how Uncle Sam seized BitTorrent domain names [Ars Technica]

Netflix Streaming Comes to Canada (Mostly)

Netflix Canada Lacks Content | 40Tech

After a (very) long wait, Netflix has finally opened up in Canada. Well, mostly, anyway. For starters, the Canadian arm of the service is streaming only, no delivery, so that that immediately cuts down the amount of possible content available to Canadians. That was just the first content cut, however… Canadian usage rights for entertainment content have always been an added difficulty with any mainstream media service, and Netflix proves to be no different. Even though the service has finally found its way to Canada, when Hulu, Pandora, and even YouTube content is still restricted, the selection of movies and television episodes have been met with groans of disappointment by many.

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