Entertainment Industry: Yes, Please Keep Negotiating Secret Copyright Treaty To Save Our Asses

from the yeah,-that's-convincing dept

Sherwin Siy (one of the few people who actually was allowed to glance briefly at parts of the proposed ACTA treaty, though under strict NDA) has written about yet another letter sent by the entertainment industry to the government in support of ACTA. This letter includes pretty much everyone who benefits from abusing copyright laws and is afraid of the internet:

Advertising Photographers of America
American Association of Independent Music (A2IM)
American Federation of Television and Radio Artists (AFTRA)
American Society of Composers, Authors and Publishers (ASCAP)
American Society of Media Photographers, Inc. (ASMP)
Association of American Publishers (AAP)
Broadcast Music, Inc (BMI)
Commercial Photographers International
Directors Guild of America (DGA)
Evidence Photographers International Council
Independent Film and Television Alliance (IFTA)
International Alliance of Theatrical Stage Employees (IATSE)
Motion Picture Association of America, Inc. (MPAA)
National Music Publishers Association (NMPA)
NBC Universal
News Corporation
Picture Archive Council of America (PACA)
Professional Photographers of America (PPA)
Recording Industry Association of America (RIAA)
Reed Elsevier Inc.
Society of Sport & Event Photographers
Software & Information Industry Association (SIIA)
Stock Artists Alliance
Student Photographic Society
The Advertising Photographers of America
The Walt Disney Company
Time Warner, Inc.
Universal Music Group
Viacom Inc.
Warner Music Group

Funny... isn't it, that all these companies and industry groups are supporting a deal that no one's seen yet? Oh wait... that's because many of them have seen it and actually have had a hand in creating it. But what's really damning is that no where in the letter do they explain why this is actually needed or how it will do anything valuable. Instead, it's a pure faith-based letter saying "if you pass this secret treaty, good things will happen." I don't know about you, but generally, I prefer there to be actual proof and evidence that restricting consumer rights around the world actually leads to some sort of real benefit.

Tellingly, they don't respond to any of the points we raised earlier. This is not a treaty to help people or the economy. It's a deal to try to sneak through a system for propping up an obsolete business model by companies who don't want to adapt.

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SIIA's Sequel To Don't Copy That Floppy Lies About Criminality Of Copying

from the which-is-more-unethical? dept

So here's a question? Which is more unethical? Making an unauthorized copy of a piece of software or music for personal use... or outright lying in a commercial? I'm pondering this as a bunch of folks have sent in variations on the news that the SIIA is (bizarrely) resurrecting its old discredited "Don't Copy That Floppy" educational campaign:

The original campaign is widely seen as a total joke that did nothing to slow down the pace of copying, and it simply showed how out of touch the Software Publishers Association was with the market. The campaign did nothing to cut down on copying, but it did an amazing job informing the market how easy it was to copy software. It also was in the middle of the software industry's long and fruitless struggle with DRM, which was later mostly abandoned as a failure that did more harm than good for legitimate consumers.

So it's difficult to fathom who could possibly think it's a good idea to bring back the campaign... but that appears to be what's happening. Still, the "chorus" of the song claims that copying is a crime. I would argue that this is false advertising. Copying may be a crime, but the scenarios shown in the film don't appear to involve criminal activity, but civil torts. For it to be criminal copyright infringement it needs to involve being done "willfully and for purposes of commercial advantage or private financial gain." So the ad is falsely promoting the idea that personal copying is a criminal matter -- in fact it falsely suggests that simply downloading software or music will put you in jail.

So which is more ethical? Getting a personal copy of a song you wanted to hear? Or flat out lying about the criminality of that action to the widespread public?

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Have At You, Clip Art Pirates!

from the avast! dept

The Software & Information Industry Association is a great organization -- at least from a comedy standpoint. They got themselves some press a couple of years ago by offering a "bounty" for people who turned in vendors that sold them counterfeit software, but the offer was so full of fine print that it was completely pointless. They then showed a complete ignorance of the law by threatening to sue eBay because counterfeiters peddle their wares there, despite the safe-harbor provisions that protect platform providers. But perhaps the most entertaining story about the SIIA was the one about how their propaganda campaigns were driving people to turn away from proprietary software (you know, the kind produced by SIIA's members) and go with open-source software instead. Now, the group's adding to its comic legacy by unleashing a tidal wave of lawsuits against pirated clip art. The group's lawyer says the suits are "going to be big," while another SIIA exec says it is "making every effort in this challenging economic climate to protect the interests of both the software and graphics industries," adding that when stuff like clip art gets pirated, "everyone loses -- from individual consumers, to the economy as a whole." Since they're protecting the American economy and all, maybe they're just angling for some government bailout money?

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

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Software Industry Assocation About To Learn What Safe Harbors Mean

from the if-you-want-to-waste-your-money,-go-right-ahead... dept

It appears that the Software and Information Industry Association (SIIA) is about to learn what DMCA safe harbors mean. The group is apparently upset about the fact that some people sell counterfeit software on eBay. That's not surprising. But, the SIIA is planning to sue eBay for this activity, rather than going after the counterfeiters themselves. Of course, if anyone from the SIIA had been paying attention, they would know that courts in the US have repeatedly found that eBay and sites like it are protected by various safe harbor provisions. This is for a very good reason: it's not eBay counterfeiting anything. eBay is merely the platform. If the SIIA wants to go after the actual counterfeiters, that's their issue. But going after eBay for providing the platform is going to fail miserably. You would think that a trade group that claims they cover the "Information Industry" would know that already.

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How Pursuing Software Piracy Hurts Proprietary Software Firms

from the highlights-the-alternatives dept

While organizations like the BSA and the SIIA play silly games and announce bogus numbers about the "costs" of software piracy, it's nice to see the whole thing beginning to backfire. We've already pointed to the backlash against the BSA for its activities, and now we're seeing how these kinds of crackdowns are doing exactly the opposite of what BSA/SIIA members would want: they're looking for open source alternatives. Following the ongoing "international crackdown" on software piracy, it appears that the Vietnamese government is the latest to start promoting open source alternatives. Of course, for proprietary software makers, this should be seen as worse than piracy. After all, as Microsoft and others have long admitted, you're much better off if someone is using an unauthorized version of your software, than if they're using the competition (especially if that competition is free). If they're using an unauthorized version of your software, then at least there's a chance that they'll either buy it at a later date or convince others to buy it. However, by putting such a big effort into cracking down on software piracy, all the industry has done is highlight why people are better off going with free alternatives. This is a key point we've tried to highlight in the past. The issue isn't piracy at all, but the fact that the competition will eventually learn to embrace "free." Focusing on "piracy" only helps accelerate that process.

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SIIA's Bogus Bounty For Turning In Software Counterfeiters: Read The Fine Print

from the good-luck-with-that dept

We've already talked about the BSA's misleading program to get people to turn in their employers for using unauthorized copies of software. Now, sister organization, SIIA, has introduced its own silly program. Reader Jon writes in to let us know that the SIIA is supposedly offering $500 to anyone who "turns in" someone who sold them counterfeit software online. While the SIIA says it hopes that the recipient of the $500 uses it to buy legitimate copies of the software, they don't have to. At first glance, this program looks like it creates a system that gives people incentives to buy counterfeit software. After all, why not buy the counterfeit software, collect the reward and pocket it, while keeping the software? However, if you read the fine print, you'll realize that the program is quite limited. It's not really $500. It's "up to" $500, apparently at the SIIA's sole discretion. And... it's only open to the first 100 people who qualify. And... they'll get to use your name in press releases and force you to post feedback on eBay about how the seller sold you counterfeit software. And... it doesn't appear that you get any amnesty for having the software, meaning you could eventually be liable yourself for using counterfeit software (though, you have to give up the software to the SIIA, but if you installed it first...). Then, there's the best part. If the SIIA winds up in a court case with whoever you turn it, you may be required to testify -- and (wait for it...) the SIIA may reimburse your expenses, but if they do, those expenses will be reduced by the amount the SIIA paid as a reward. In other words, the "reward" simply becomes a prepayment on just some of the expenses you incur to testify on the SIIA's behalf. How nice of them.

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Company Fined For Passing News Clips Around Internally

from the there's-this-thing-called-the-world-wide-web... dept

It may be time to add the Software & Information Industry Association (SIIA) to the list of ridiculous industry associations who are excessively focused on copyright to the detriment of their own businesses. The group, which includes a number of newspaper publishers as members, began an "anti-piracy" program recently and have announced its first "win." An analyst firm has agreed to pay up a $300,000 settlement after an "insider" informed the SIIA that the firm passed around news clips to employees. This is very typical. Many companies employ news clipping services and receive copies of relevant news articles -- and often they pass those around to the appropriate people. However, it appears that various news publishers think that any company that does this should purchase a separate license. The reporter points out that many, many companies pass around news clips internally all the time, and an SIIA representative insists that's not true -- suggesting he has no idea what goes on in many companies. However, the key point is that this clearly does nothing to benefit these publishers. There are very few companies that will go through the trouble of actually licensing the individual news for the sake of passing them around. Instead, they'll either stop reading the clips altogether, or they'll simply go to the web, where it's free. Now, of course, it's worth pointing out that we at Techdirt provide original news analysis (not clips) to plenty of companies all the time -- and part of our contract is that we encourage the companies to pass our content around to as many people internally as possible. We know that the more people who see our analysis, the more useful and valuable it becomes. So, for firms worried about the SIIA suing you because you pass around news clips, feel free to give us a call.

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