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MPAA Tells The FCC: If We Don't Stop Piracy, The Internet Will Die
Tech Dirt ^ | 3 November 2009 | Mike Masnick

Posted on 11/05/2009 11:31:58 AM PST by ShadowAce

Never let it be said that the folks in Hollywood aren't good at coming up with a totally fictional horror story. I just have a problem when they use it not to entertain, but to create a moral panic to push the government to pass laws in their favor. In discussing the recent 60 Minutes piece that was really nothing more than an MPAA scare tactic, some suggested that it was really just a first step in the process of getting the government to make sure net neutrality rules had a special Hollywood exception. So, it's interesting to note that just before that 60 Minutes episode aired (and just before Halloween), the MPAA sent a "scary" filing to the FCC warning it how the US would always be a broadband laggard if it didn't stomp out piracy. The full filing (warning:pdf) claims, repeatedly, that piracy is sucking up all our bandwidth and getting rid of that would somehow make it cheaper to install faster internet connections.

The Commission has projected that it could cost $350 billion to ubiquitously deploy broadband networks capable of delivering 100 Mbps, which is rapidly becoming the international standard. The Commission, however, should not ignore that illegal content accounts for a vast amount of online traffic. Thus, it could generate substantial savings in this tremendous build-out cost -- to be borne by both government and private sector investment -- by encouraging construction of networks that are designed not on the basis of accommodating capacity-hogging transmissions of unlawful content but rather with the goal of providing consumers a rich broadband experience.
And, of course, it pushes for kicking file sharers off the internet (it hides this by calling it "graduated response," of course, rather than the more common term "three strikes"). The filing also goes on about how the MPAA is just so sure that ISPs can stamp out piracy, and because of that, it thinks the government should force them to get on it.

The MPAA wastes little time mocking those who disagree with its position, and suggesting that the FCC "pay no heed" to consumer concerns:
[The] Commission should pay no heed to assertions by some members of the advocacy community that the problem of content theft can be ignored because some amount of legitimate e-commerce already occurs through vendors such as iTunes.... The same holds true for the preposterous notion that the law should be ignored unless a property owner can demonstrate that a thief, in the absence of stealing, otherwise would have legitimately purchased a stolen product. A shoplifter who steals a DVD from a store in a mall is not immune from security intervention, let alone prosecution, simply because he might not have planned to buy the product that he attempted to steal.
Except, of course, there's a huge difference there. If someone steals a DVD it's no longer there for someone else to buy. If someone who never would have purchased the movie views it online there's no loss. it's difficult to see how the MPAA can simply ignore this while assuming that FCC commissioners are too stupid to grasp this rather simple economic concept.

But where the filing really comes into its own in being laughably funny is where it tries to claim that if the FCC doesn't do this, the internet will effectively die. How does it get there? Well, first, it claims that the reason people use the internet is to view content from Hollywood. And, if file sharing keeps up, there won't be any of that content left, and then why would anyone use the internet? Think that's an exaggeration? How else do you interpret this:
Quite clearly, it is the promise of access to the content flowing over the Internet's network architecture that motivates Americans to adopt broadband. The Internet without content would be nothing more than a collection of hardware; a series of computer links and protocols with great capacity to communicate but nothing to say. Television once was unfairly derided as little more than a toaster with pictures. In the absence of compelling content, the Internet would offer consumers even less value than that proverbial toaster. It is the content that flows over and through the Internet that makes the breakthrough technology so potentially powerful.

Yes, because even though the internet existed for decades before the folks at the movie studios had even heard of it, they had nothing to say, at all, until people could start sharing the latest camcorded blockbuster. Do they really think people are this stupid? Sorry, Hollywood, but it's not "the content" that you're thinking about that makes the internet so powerful. It's the ability to communicate. Sure, the content is a nice-to-have, but the internet grew and grew because it let people talk to each other, not because it was another broadcast medium. This fantasy story by the MPAA also leaves out the fact that more content than ever before is being produced today, even as "piracy" numbers have gone up. And, oh yes, once again, the movie business is hitting record highs at the box office. Funny that the MPAA seems to spend so much time insisting that its industry is dying, while leaving out the record revenue bit. Instead, it just keeps jumping out and yelling that piracy will kill the movie business...

And then it gets into rewriting history, by insisting that every new technology is only successful if the big media companies support it:
Throughout history, whenever transformative communications technologies have captured the imagination of consumers, compelling content has been the vehicle for forward progress.
Apparently, the MPAA is unfamiliar with the telephone. Hopefully, the FCC is a bit more familiar with that particular technology.

The filing goes on and on like this, designed to "scare" the folks at the FCC with a bit of a moral panic, but only inducing laughter (good show, Hollywood) from anyone with any actual understanding of technology, history and copyright. Another favorite tidbit is the MPAA's demand that the FCC not pay attention to how incredibly screwed up every single attempt at using technological measures to stop piracy has been in the past:

MPAA does not want the Commission's consideration of the important overarching issue of unlawful online conduct to be derailed by backward-looking debates about the pros and cons of any given technology, particularly those that already have been surpassed by new innovations. MPAA firmly believes that future developments will yield an entirely new generation of ever-more-sophisticated online protection technologies.
In other words, please ignore how badly we've screwed up in the past. Don't worry about things like rootkits and security vulnerabilities we've created. Also, ignore the fact that DRM doesn't work and only punishes our legitimate customers while driving more people to piracy. That would be a waste of time. Really.

And finally, I leave you with the most stunning statement of all, along those lines. One that I'm amazed the MPAA lawyers let go through in this filing, because it absolutely has to come back to haunt the MPAA in the future. In responding to concerns from lots of different people, including consumer advocates and consumer electronics firms that the various technological protection measures the MPAA wants to force on ISPs will harm, the MPAA states:
That a tool intended to stop unlawful conduct could be put to ill use, however, is not an argument for prohibiting the use of the tool....
Wait... isn't that exactly the argument that the MPAA has used for years against every new file sharing technology out there? Wasn't it the crux of the Grokster lawsuits? That because the tool could be put to ill use, it needed to be prohibited? Yet, now, suddenly it doesn't want its own technologies prohibited just because they can be put to "ill use." Double standard, much?



This is nothing but a typical moral panic from Hollywood. They are storytellers out there, and they know how to craft a horror story. Hopefully, though, the FCC reviewers of this particular fantasy will give it the thumbs down for simply being totally unbelievable.


TOPICS: Business/Economy; Computers/Internet
KEYWORDS: hollywood; internet; mpaa; netneutrality; thoughtcontrol
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1 posted on 11/05/2009 11:32:00 AM PST by ShadowAce
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To: rdb3; Calvinist_Dark_Lord; GodGunsandGuts; CyberCowboy777; Salo; Bobsat; JosephW; ...

2 posted on 11/05/2009 11:32:50 AM PST by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: ShadowAce; Revolting cat!; Slings and Arrows

The Hollywood Reds dictate that our our internets belong to them.


3 posted on 11/05/2009 11:38:03 AM PST by a fool in paradise (I refuse to "reduce my carbon footprint" all while Lenin remains in an airconditioned shrine)
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To: ShadowAce

Remind me to download more movies. I have nineteen and I’m going to download more. Let them chew on that.

Download Pride!


4 posted on 11/05/2009 11:38:38 AM PST by Niuhuru (The Internet is the digital AIDS; adapting and successfully destroying the MSM host.)
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To: ShadowAce
The full filing (warning:pdf) claims, repeatedly, that piracy is sucking up all our bandwidth and getting rid of that would somehow make it cheaper to install faster internet connections

People are making their OWN content now. They don't need public access channels to get their own shot productions on a "tube" now.

Hollywood's days are numbered. They want to snuff out the competition.

5 posted on 11/05/2009 11:42:59 AM PST by a fool in paradise (I refuse to "reduce my carbon footprint" all while Lenin remains in an airconditioned shrine)
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To: ShadowAce

Hollywood hates public domain content. Be sure to download (or stream) a lot of it:

archive.org

Consumers can also stream movies via monthly services like netflix.

Not all such content is “stolen”. Don’t give them “security clearance”. They are worse than “Big Brother”.


6 posted on 11/05/2009 11:46:43 AM PST by a fool in paradise (I refuse to "reduce my carbon footprint" all while Lenin remains in an airconditioned shrine)
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To: ShadowAce

As Krusty the Klown said in the Simpsons Movie: “DRAMA QUEEN!”


7 posted on 11/05/2009 11:49:05 AM PST by Reaganesque ("And thou shalt do it with all humility, trusting in me, reviling not against revilers.")
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To: ShadowAce
The full filing (warning:pdf) claims, repeatedly, that piracy is sucking up all our bandwidth and getting rid of that would somehow make it cheaper to install faster internet connections.

Another example of how predators, both in and out of government, capitalize on the general public's woeful ignorance of things scientific and technical.

To jog our memories, during the tech frenzy of 10-20 years ago, fiberoptic was installed worldwide in a whilwind of activity that defied logic, since each fiber was capable of transmitting thousands of times the capacity of normal wire. Multiple cables were installed all over the place. I doubt seriously that capacity is a problem.

Having said that, there are other more serious problems that the dying MPAA and the RIIA(?) have caused that are almost invisible.
Perhaps the ultimate demise of Microsoft, should they persist in including destructive DRM in their operating systems. Windows 7 is as doomed, for the same reason, as VISTA was.

The internet industry does not suffer fools. Individual providers are in a better position to police abuse than the FCC (everything the centralized mafia touches turns to crap).
The individual providers are in a better position to also police other abusers, such as spammers and Phisers and purveyors of viruses and trojan horses. These can be identified by their country of origin. It would be possible to lock out ISPs in foreign countries which allow the criminals constant access. The money must be good for them.

In summary, FCC keep off our internet!

8 posted on 11/05/2009 11:50:45 AM PST by Publius6961 (Â…he's not America, he's an employee who hasn't risen to minimal expectations.)
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To: ShadowAce

I have NEVER downloaded a song off limewire that I would have purchased. Frankly, with youtube and Pandora I can “listen” even easier than by using limewire.

‘Course, my main reason for using limewire is to download songs to learn them for my bands. And usually I have a CD or vinyl copy of my own. It’s just more convenient.

I just finished reading a book called Hotel California. I highly recommend it. One of the things I gleaned from the book is that even with the advent of rock in the 60’s, it took a while for record companies to really cash in, and the cash cow is long gone. People have moved on.

The biggest problem with “illegal” downloading is that it reinforces, in people’s subconscious, that recorded music is not something you pay money for.

To put it in perspective, I bought the first Star Trek movie on beta for $105 and thought I was getting a great deal. My perception has changed.


9 posted on 11/05/2009 11:52:39 AM PST by RobRoy (The US today: Revelation 18:4)
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To: a fool in paradise
ONOZ!
10 posted on 11/05/2009 11:52:43 AM PST by Slings and Arrows ("When France chides you for appeasement, you know you're scraping bottom." --Charles Krauthammer)
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To: ShadowAce

Screw the MPAA. And the RIAA, while we’re at it.


11 posted on 11/05/2009 11:53:16 AM PST by ZirconEncrustedTweezers (Those who provide the least and demand the most have a voting majority.)
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To: ShadowAce

LOL. Are they really that stupid??


12 posted on 11/05/2009 11:55:16 AM PST by ken in texas
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To: ShadowAce

When a store employs security/store detectives, the store pays for them (and gets the benefit).

The MPAA is offering to pay for the development and deployment of the tools to stop this illegal practice, right?


13 posted on 11/05/2009 11:55:53 AM PST by MortMan (Stubbing one's toes is a valid (if painful) way of locating furniture in the dark.)
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To: ShadowAce
The Internet without content would be nothing more than a collection of hardware; a series of computer links and protocols with great capacity to communicate but nothing to say.

Yes, "absence of [our leftist, perverted, unoriginal] content" is exactly the same as "absence of content". The vast majority of stuff I look at online is actual INFORMATION, not soul crushing Marxist propaganda from Hollywood. Arrogant pricks.

14 posted on 11/05/2009 11:56:48 AM PST by Still Thinking
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To: ShadowAce
That a tool intended to stop unlawful conduct could be put to ill use, however, is not an argument for prohibiting the use of the tool....

I thought that was the definition of their entire life. Boy, is "tool" appropriate or what?

15 posted on 11/05/2009 11:59:57 AM PST by Still Thinking
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To: Slings and Arrows

That graphic includes pirated images. And they are MOVING!!!

ONOZ!!!!!


16 posted on 11/05/2009 12:00:08 PM PST by a fool in paradise (I refuse to "reduce my carbon footprint" all while Lenin remains in an airconditioned shrine)
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To: a fool in paradise
Did you check out the most popular downloads on the audio portion of archive.org? Here it is: 1. Fares Abbad فارس عباد 140,874 downloads 2. القرآن الكريم The Holy Quran 121,762 downloads 3. Maher Al-Muaiqly- TvQuran.com 21,788 downloads 4. TvQuran.com Ahmad Al-Ajmy 19,974 downloads 5. dmyra - Unpollution (ca325) 18,093 downloads 6. Abdulbasit Abdulsamad (mojawad) 15,752 downloads 7. TvQuran.com الرقية الشرعية و الآذان 14,620 downloads 8. Mishary Alafasi 13,907 downloads 9. Mutation Urbaine - Ville Imaginaire (ca326) 13,851 downloads 10. Morgan Craft - The Silver Bullet (ca324) 13,496 downloads Notice anything?
17 posted on 11/05/2009 12:00:18 PM PST by RobRoy (The US today: Revelation 18:4)
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To: Still Thinking

Hollywood owns book publishers, news agencies, movie and tv studios, and licensing to syndicated reruns and 80 years of movies.

Their attitude is that YOU need to be coughing up some money, because somewhere sometime you MAY see something and they may not collect some money on it.

Works for ASCAP and BMI to get businesses to pay quarterly licensing fees to have a tv or radio on in a bidness. The artists never see a dime of that money but the goon squad is satisfied to collect their cut.


18 posted on 11/05/2009 12:02:59 PM PST by a fool in paradise (I refuse to "reduce my carbon footprint" all while Lenin remains in an airconditioned shrine)
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To: MortMan
The MPAA is offering to pay for the development and deployment of the tools to stop this illegal practice, right?

Do you WANT stuff designed by the MPAA keeping an eye on you?

19 posted on 11/05/2009 12:03:59 PM PST by Still Thinking
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To: ShadowAce
Quite clearly, it is the promise of access to the content flowing over the Internet's network architecture that motivates Americans to adopt broadband. The Internet without content would be nothing more than a collection of hardware; a series of computer links and protocols with great capacity to communicate but nothing to say. Television once was unfairly derided as little more than a toaster with pictures. In the absence of compelling content, the Internet would offer consumers even less value than that proverbial toaster. It is the content that flows over and through the Internet that makes the breakthrough technology so potentially powerful.

Talk about arrogance, coupled with terminal narcissism!

I have never accessed movies on line, a certain, documented means of getting your computer trashed. Even if I were so inclined, the one movie out of 50 that I would want to own (and presently buy) hardly supports this asinine view of the internet as "a device with great capacity, but nothing to say."

Say what?

I can't possible list all the things that I have downloaded in the last two months that have nothing whatsoever to do with music or movies! And they all benefit enormously from broadband speeds.

I can name a few:

Books free on line, classics.
Research on plate techtonics and earthquakes.
Recent developments and new books on the Great Missoula Floods.
Seismic details of the Great New Madrid Earthquake.

Travel and geographic information of all kinds.

These Hollywood doofuses are judging the internet users by their own focused tiny minds and interests.

Fortunately, that PDF copy of the "complaint" includes the address of the FCC, for the benefit of those of us inclined to add our two cents to the discussion.

20 posted on 11/05/2009 12:04:38 PM PST by Publius6961 (Â…he's not America, he's an employee who hasn't risen to minimal expectations.)
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