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<title>Techdirt. Stories about &quot;warner bros&quot;</title>
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<pubDate>Fri, 3 May 2013 08:25:00 PDT</pubDate>
<title>When Memes Go Corporate: Creators Of Nyan Cat And Keyboard Cat Sue Warner Bros.</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130502/23432722933/when-memes-go-corporate-creators-nyan-cat-keyboard-cat-sue-warner-bros.shtml</link>
<guid>http://www.techdirt.com/articles/20130502/23432722933/when-memes-go-corporate-creators-nyan-cat-keyboard-cat-sue-warner-bros.shtml</guid>
<description><![CDATA[ Two of the most well known internet memes of the last decade are probably <a href="http://knowyourmeme.com/memes/keyboard-cat" target="_blank">keyboard cat</a> and <a href="http://knowyourmeme.com/memes/nyan-cat-pop-tart-cat" target="_blank">Nyan cat</a>.  You may think they're silly, pointless or stupid, but there's no denying the incredible level of "memeness" each has reached.  And yet, as many of you submitted, the creators of both are now <a href="http://www.iptrademarkattorney.com/2013/04/los-angeles-copyright-trademark-sue-attorney-keyboard-cat-nyan-cat-meme-viral-videos.html" target="_blank">suing both Warner Bros. Entertainment and 5th Cell Media</a> for including both memes in the Scribblenauts game without licensing them.  Charles Schmidt, who created Keyboard Cat and Chris Torres, who created Nyan Cat have teamed up here for this lawsuit.
<br /><br />
The lawsuit is somewhat amusing to read, explaining what memes are, and how these two memes are especially well known.  But then it gets a little wacky, claiming that Warner Bros. logo is also a meme, even though it is not.  The point they're trying to make, obviously, is that "memes" can be protected by trademark or copyright law.
<blockquote><i>
The "WE" logo also is a meme, even though it is only two letters inside the outline of a shield. Of course, WE employs an army of lawyers who use trademark and copyright law to zealously protect its intellectual property, including its logo.
</i></blockquote>
Except that's not true.  Their logo is a logo, not a meme.  They try to redefine meme to their own purpose.  Look up most standard definitions of a meme in any dictionary, and you get something involving how it is passed from one person to another:
<ul>
<li><a href="http://dictionary.reference.com/browse/meme" target="_blank">Random House Dictionary</a>: <b>meme</b>: a cultural item that is <i>transmitted by repetition</i> in a manner analogous to the biological transmission of genes.
</li><li><a href="http://www.merriam-webster.com/dictionary/meme" target="_blank">Merriam-Webster</a>: <b>meme</b>: an idea, behavior, style, or usage that <i>spreads from person to person</i> within a culture
</li><li><a href="http://www.answers.com/topic/meme" target="_blank">Answers.com</a>: <b>meme</b>: A unit of cultural information, such as a cultural practice or idea, that is <i>transmitted verbally or by repeated action from one mind to another</i>.
</li><li><a href="http://dictionary.reference.com/browse/meme" target="_blank">Collins English Dictionary</a>: <b>meme</b>: an idea or element of social behaviour <i>passed on through generations in a culture, esp by imitation</i>
</li><li><a href="http://en.wikipedia.org/wiki/Meme?oldid=0" target="_blank">Wikipedia</a>: <b>meme</b>: A meme acts as a unit for carrying cultural ideas, symbols, or practices that can be <i>transmitted from one mind to another through writing, speech, gestures, rituals, or other imitable phenomena</i>
</li></ul>
There are many more where those come from.  But the key bit is that they all require the meme to be shared from person to person.  That's what makes it a meme.  The word originated from Richard Dawkins, who meant for it be analogous to biological propagation through "imitation" as things get passed around.  Yet that key element -- the transmitting by passing from person to person -- is conveniently left out of the definition presented by the lawyer for these meme makers, which allows them to falsely claim that Warner Bros.' own logo is a meme.  It is not.  It did not gain cultural significance by being passed around from person to person.
<br /><br />
And that, really, is the key issue with this lawsuit.  Neither Nyan Cat nor Keyboard Cat took on cultural significance because of Schmidt or Torres.  On any day you can find thousands upon thousands of similar videos.  Like most good memes, these two took on cultural significance <i>because of everyone else</i> who took on those ideas and did something with them.  For those two to step back in now and claim "ownership" over the memetic quality of their works is insulting.  It's a slap in the face to the community of folks who made those two memes popular.
<br /><br />
I know that some people think that this lawsuit is justified because it's "individuals against a big company" -- including a big company like Warner Bros. which has a history of being an obnoxious copyright and trademark maximalist.  But just because one company is an abusive maxmialist, doesn't mean others need to stoop to the same level against it.
<br /><br />
In the link above about this lawsuit, lawyer Milord Keshishian also points out some other problems, in that the meme makers certainly took their sweet time in registering their copyrights:
<blockquote><i>
Plaintiffs, however, mistakenly demand statutory damages and an enhancement of damages under <a href="http://www.law.cornell.edu/uscode/text/17/504" target="_blank">17 U.S.C. &sect; 504</a>, and mistakenly believe that they are entitled to attorneys&#8217; fees and costs of suit under <a href="http://www.law.cornell.edu/uscode/text/17/505" target="_blank">17 U.S.C. &sect; 505</a>.  Defendants are accused of infringing both copyrights in their initial 2009 release of the video games and neither copyright was registered until 2010.  Thus, neither Plaintiff is entitled to statutory damages or attorney&#8217;s fees, a prerequisite of which &#8211; per <a href="http://www.law.cornell.edu/uscode/text/17/412" target="_blank">17 U.S.C. &sect; 412</a> &#8211; is either registration before commencement of any infringement or within three months after the first publication of the copyrighted work.  Further, both the Keyboard Cat video and the Nyan Cat video were published over five years before the application to register the copyrights were filed, thus they are not entitled to a presumption of validity afforded by <a href="http://www.law.cornell.edu/uscode/text/17/410" target="_blank">17 U.S.C. &sect; 410(c)</a>. 
</i></blockquote>
The creator of Nyan Cat has <a href="http://prguitarman.tumblr.com/post/49463648971/a-legal-dispute-ive-been-going-through-with" target="_blank">tried to defend the lawsuit</a>, but his argument is basically that he just doesn't want it used by a for profit company without him profiting too.  Of course, I do wonder if the creator of Nyan Cat properly licensed the use of the pop tart that makes up Nyan Cat's body...
<br /><br />
This whole lawsuit seems particularly silly.  The two creators of these memes have benefited massively not from their own efforts, but from the fact that millions of people passed around their silly works to make them famous.  Having those same memes appear in a video game just further increases the awareness and lore behind these two memes.  It provides plenty of additional opportunities for the two of them to profit themselves if they wish.  But suddenly filing a lawsuit and demanding money from others is just lame.<br /><br /><a href="http://www.techdirt.com/articles/20130502/23432722933/when-memes-go-corporate-creators-nyan-cat-keyboard-cat-sue-warner-bros.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130502/23432722933/when-memes-go-corporate-creators-nyan-cat-keyboard-cat-sue-warner-bros.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130502/23432722933/when-memes-go-corporate-creators-nyan-cat-keyboard-cat-sue-warner-bros.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>it's-a-meme,-get-over-it</slash:department>
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<pubDate>Thu, 2 May 2013 09:50:00 PDT</pubDate>
<title>Warner Bros., MGM, Universal Collectively Pull Nearly 2,000 Films From Netflix To Further Fragment The Online Movie Market</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130430/22361622903/warner-bros-mgm-universal-collectively-pull-nearly-2000-films-netflix-to-further-fragment-online-movie-market.shtml</link>
<guid>http://www.techdirt.com/articles/20130430/22361622903/warner-bros-mgm-universal-collectively-pull-nearly-2000-films-netflix-to-further-fragment-online-movie-market.shtml</guid>
<description><![CDATA[ <a href="http://michaelcarusi.com/" target="_blank">Michael Carusi</a> points us to the news that Warner Bros., MGM and Universal Studios have agreed to <a href="http://mashable.com/2013/04/30/netflix-streamageddon-2013/" target="_blank">pull nearly 2,000 films from Netflix's library</a>, in order to put them in the Warner Bros. Instant Archive.  You may recall that Warner <a href="http://www.techdirt.com/articles/20130403/20404022568/warner-brothers-thinks-what-people-really-want-streaming-service-is-something-that-costs-more-offers-less.shtml">recently launched</a> this archive, which is an incredibly overpriced and ridiculously limited offering.  Apparently, they're trying to bolster the offering in part by hurting Netflix.  As we've <a href="http://www.techdirt.com/articles/20130114/18442221671/dear-hbo-disney-netflix-et-al-fragmenting-online-tv-lets-piracy-keep-its-biggest-advantage.shtml">warned</a>, this sort of fragmentation does little to help anyone.  Consumers don't want to have multiple accounts for multiple services.  They don't want to have to worry about whether or not a particular title is available in one place or another.  And they certainly don't want movies to suddenly disappear from the service they had been already paying to get.
<br /><br />
Everything about this move seems designed to piss people off, not provide them a better overall experience.  Sure, Warner wants films for its own archive, but removing them from other services doesn't suddenly make people run gleefully to join their service.  It just makes people annoyed and resentful of Warner Bros., which is exactly not the way to encourage people to sign up for their new service. In the article linked above, it noted that some people were having "marathon" viewings of some of the films about to disappear from Netflix.  Note that they weren't planning to sign up for Warner's lame archive, but rather watch while they could on the service they chose.  One of the key lessons from the past decade or so of internet content is that <i>you need to make accessing your content as convenient as possible</i>.  And Hollywood's response is to do the opposite.  Incredible.<br /><br /><a href="http://www.techdirt.com/articles/20130430/22361622903/warner-bros-mgm-universal-collectively-pull-nearly-2000-films-netflix-to-further-fragment-online-movie-market.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130430/22361622903/warner-bros-mgm-universal-collectively-pull-nearly-2000-films-netflix-to-further-fragment-online-movie-market.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130430/22361622903/warner-bros-mgm-universal-collectively-pull-nearly-2000-films-netflix-to-further-fragment-online-movie-market.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>this-isn't-helping</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130430/22361622903</wfw:commentRss>
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<pubDate>Fri, 3 Aug 2012 17:42:51 PDT</pubDate>
<title>Warner Bros. Sues A Ton Of Amazon Resellers For Selling 'Counterfeit' DVDs</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120801/17020419911/warner-bros-sues-ton-amazon-resellers-selling-counterfeit-dvds.shtml</link>
<guid>http://www.techdirt.com/articles/20120801/17020419911/warner-bros-sues-ton-amazon-resellers-selling-counterfeit-dvds.shtml</guid>
<description><![CDATA[ The Hollywood Reporter has a story on <a href="http://www.hollywoodreporter.com/thr-esq/warner-bros-files-mass-litigation-amazon-356354?utm_source=dlvr.it&#038;utm_medium=twitter" target="_blank">Warner Bros. filing a lawsuit against a bunch of individuals who use Amazon's marketplace offering</a> to sell DVDs that Warner Bros. claims are counterfeit.  The <a href="http://dockets.justia.com/docket/california/cacdce/2:2012cv06528/538592/" target="_blank">lawsuit</a> is pretty weak on details so far.  The THR report speculates on whether or not this is about packaging up downloaded or camcorded movies and pretending they're official.  
<br /><br />
However, if you look at the Amazon profile of the named defendant, Todd Beckham, you see that he has <a href="http://www.amazon.com/gp/aag/main?ie=UTF8&#038;isAmazonFulfilled=&#038;marketplaceID=ATVPDKIKX0DER&#038;isCBA=&#038;asin=&#038;seller=A2795NS1BBQ2B7" target="_blank">very good reviews</a>.  Currently, he has a 4.9 star rating with over 2,000 reviews.  If he were selling inferior counterfeit products, you'd think people would complain, because his <a href="http://www.amazon.com/Harry-Potter-Phoenix-Widescreen-Edition/dp/B000W7F5SS/ref=?ie=UTF8&#038;m=A2795NS1BBQ2B7" target="_blank">listings</a> certainly suggest they're new official copies.  So buyers seem to feel they're getting what they thought they bought.  It's possible that he's just a <i>really good counterfeiter</i>, but THR wonders why WB doesn't just use Amazon's existing internal controls to terminate service for users who sell infringing works.
<br /><br />
WB apparently told THR that this isn't a case of going after used product sales (where it would have a tough case, given the first sale doctrine -- and, again, would likely lead to negative reviews, since the offerings don't seem to indicate "used" conditions), but it's unclear how or why the company thinks these DVDs are counterfeit.  Again, given the sparseness of detail, it's entirely possible the targets are creating (apparently high quality) counterfeit flicks and selling them.  But it would be nice to see a bit more evidence that that's the case, and this isn't just a case of being worried about being undercut by the secondary market.  What's a little worrying is that, according to THR, WB is claiming that the sellers are violating its "distribution rights" to the films, not reproduction rights.  That raises at least some questions over whether or not the concern is just competition, or actual unauthorized copies.  At the very least, this will be a case worth following...<br /><br /><a href="http://www.techdirt.com/articles/20120801/17020419911/warner-bros-sues-ton-amazon-resellers-selling-counterfeit-dvds.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120801/17020419911/warner-bros-sues-ton-amazon-resellers-selling-counterfeit-dvds.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120801/17020419911/warner-bros-sues-ton-amazon-resellers-selling-counterfeit-dvds.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>counterfeit?-resale?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120801/17020419911</wfw:commentRss>
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<pubDate>Mon, 18 Jun 2012 11:16:00 PDT</pubDate>
<title>Louis Vuitton Loses Bogus Trademark Lawsuit: Using Fake Handbag In Hangover II Isn't Infringement</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120617/23233319364/louis-vuitton-loses-bogus-trademark-lawsuit-using-fake-handbag-hangover-ii-isnt-infringement.shtml</link>
<guid>http://www.techdirt.com/articles/20120617/23233319364/louis-vuitton-loses-bogus-trademark-lawsuit-using-fake-handbag-hangover-ii-isnt-infringement.shtml</guid>
<description><![CDATA[ Louis Vuitton is probably the biggest of the trademark bullies out there.  We have a <a href="http://www.techdirt.com/search.php?cx=partner-pub-4050006937094082%3Acx0qff-dnm1&#038;cof=FORID%3A9&#038;ie=ISO-8859-1&#038;q=louis+vuitton">bunch</a> of posts detailing some of Louis Vuitton's overreach.  Unfortunately, just a couple months ago, it actually <a href="http://www.techdirt.com/articles/20120404/02253718362/ridiculous-court-says-mock-basketball-which-appears-hyundia-commercial-1-second-dilutes-lv-trademark.shtml">won</a> in one of its more bizarre claims -- that a clearly fake basketball in a commercial damaged its trademark.  LV used that win to support <a href="http://www.techdirt.com/articles/20120411/12393118456/louis-vuitton-touts-basketball-trademark-victory-similar-lawsuit-against-warner-bros.shtml">another</a> ridiculous claim: that Warner Bros. using a counterfeit LV bag in its movie <i>Hangover II</i> itself represented trademark infringement.
<br /><br />
Thankfully, as a number of folks have sent in, district court Judge Andrew Carter <a href="http://in.reuters.com/article/2012/06/15/entertainment-us-louisvuitton-warnerbrot-idINBRE85E1HH20120615" target="_blank">is not convinced and has dumped the case</a>, noting (correctly) that "The likelihood of confusion is at best minimal."  The judge pointed out that the bag was on-screen for less than 30 seconds and no one was likely to notice it was fake.  The fact that the character in the movie (played by  Zach Galifianakis) made a joke in which he pronounced Louis Vuitton as "Lewis Vuitton" is meaningless here, even though LV seemed particularly hurt by being the butt of a joke, saying it was "an oft-repeated and hallmark quote from the movie."
<br /><br />
Now, if only we can get that ruling on the basketball overturned...<br /><br /><a href="http://www.techdirt.com/articles/20120617/23233319364/louis-vuitton-loses-bogus-trademark-lawsuit-using-fake-handbag-hangover-ii-isnt-infringement.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120617/23233319364/louis-vuitton-loses-bogus-trademark-lawsuit-using-fake-handbag-hangover-ii-isnt-infringement.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120617/23233319364/louis-vuitton-loses-bogus-trademark-lawsuit-using-fake-handbag-hangover-ii-isnt-infringement.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>get-over-it</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120617/23233319364</wfw:commentRss>
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<pubDate>Mon, 18 Jun 2012 08:13:00 PDT</pubDate>
<title>Zazzle &amp; Warner Bros. Pretend All References To Wizard Of Oz Are Covered By WB Copyright</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120617/23190519362/zazzle-warner-bros-pretend-all-references-to-wizard-oz-are-covered-wb-copyright.shtml</link>
<guid>http://www.techdirt.com/articles/20120617/23190519362/zazzle-warner-bros-pretend-all-references-to-wizard-oz-are-covered-wb-copyright.shtml</guid>
<description><![CDATA[ <a href="http://www.techdirt.com/profile.php?u=deviant12">Lowestofthekeys</a> alerts us to the situation of one W. Thomas Adkins, who had some t-shirt designs of his own making for sale on Zazzle... <a href="http://wthomasadkins.wordpress.com/2012/06/14/the-warner-witch-of-the-west/" target="_blank">until they were taken down in response to a copyright claim</a>.  After Adkins requested more info on why his images were taken down, Zazzle explained:
<blockquote><i>
...your product was removed due to an infringement claim by Warner Bros. Studios. While the artwork as you claim is original, the characters from the Wizard of Oz are currently property of Warner Bros. As a guideline, designs from the Wizard of Oz that are currently prohibited for sale on Zazzle&#8217;s Marketplace are:
<ul>
<li>All inspired artwork and character renderings from the Wizard of Oz
</li><li>Quotes from the Wizard of Oz Franchise
</li><li>All tags and descriptions that reference the Wizard of Oz
</li></ul>
- Zazzle
</i></blockquote>
There are a few problems with this.  First of all, characters from the <i>Wizard of Oz</i> are not, in fact, "property of Warner Bros."  The original book, written by  L. Frank Baum, was published in 1900 and is in the public domain.  The popular <i>movie</i> version, in which Warner Bros. holds the copyright, came out in 1939.  This does lead to some interesting copyright questions, and a few lawsuits.  For example, last year, we wrote about <a href="http://www.techdirt.com/articles/20110707/13110415001/wizard-oz-court-ruling-suggests-moviemakers-can-reclaim-parts-public-domain-put-it-under-copyright.shtml">a lawsuit</a> involving t-shirts designed with <i>public domain</i> Wizard of Oz images.  And then there's a brewing <a href="http://www.techdirt.com/articles/20120214/03392717756/disney-warner-bros-prepare-to-fight-over-who-owns-public-domain-wizard-oz.shtml">fight</a> over whether or not Disney can make a film based on the public domain parts of the Baum books if it makes no reference to the 1939 movie.
<br /><br />
Basically, what the law has said is that if you're making references to the specific characters or character traits that were portrayed in the movie, but which are not from the books, then its under WB's copyright.  So, if you were to display pictures of the actual actors or specific expressions or outfits that are from the movie, but not the books, then there's an issue.
<br /><br />
From Adkins' post, however, it appears these were the images on the t-shirts that were removed from Zazzle:
<br />
<center>
<a href="http://imgur.com/LsfC4"> <img src="http://i.imgur.com/LsfC4.jpg" /></a>
</center>
<br />
It is difficult to see how either of these come anywhere close to infringing on WB's copyright.  The first one merely displays a witch's pointy hat.  While it seems that the origin of the pointy, wide-brimmed witch's hat has been lost to history, the <a href="http://www.hatsandveils.net/blog/history-of-the-witches-hat/" target="_blank">various</a> reports <a href="http://www.controverscial.com/The%20Witches%20Hat.htm" target="_blank">online</a> suggest it long pre-dates 1939 and the movie. In fact, it appears that images in the original books <a href="http://en.wikipedia.org/wiki/File:Wicked_Witch_of_the_West.png" target="_blank">show</a> the witch in a pointed, wide-brimmed hat. So the hat is not copyright to Warner Bros.
<br /><br />
Then there's the flying monkey.  Problem being... the flying monkeys <i>were in Baum's books</i>, and Adkins' drawing is quite different from the version in the movie.
<br /><br />
The concept of water melting the witch?  Also in Baum's books, and as Adkins details in his blog post, it way predates the Oz books anyway.
<br /><br />
Basically, everything in Adkins' images appear to reference the original Baum books and not the movie.  Assuming Warner Bros. did make a copyright claim, as Zazzle's email stated, then it is engaging in copyfraud here and asserting copyright against images it has no rights over.
<br /><br />
That said, Adkins also exaggerates his own rights in his response to Zazzle, which he posted.  After explaining to Zazzle why his works did not infringe on WB's copyright, he unfortunately goes on to say:
<blockquote><i>
As such, I respectfully request that my material and corresponding artwork be returned to circulation for purchase immediately.  
<br /><br />
<b>Failure to do so would be an infringement on my copyright of my created artwork which, as verified by the testimony above, does NOT infringe upon Warner Bros. Entertainment&#8217;s copyright</b> on the 1939 film or the specific celluloid representations of the characters made in said film.  <b>If my copyright continues to be infringed upon I will seek legal action against both Zazzle and Warner Bros. Entertainment.</b>
</i></blockquote>
Uh... no.  Zazzle <i>choosing</i> not to display your work is, in no way, copyright infringement.  As a private company, Zazzle has every right to refuse to display any particular work, even if its reasons are dumb.  The public (and people like Adkins) are free to mock them, but there is no copyright issue there, and especially not infringement by Zazzle. The service certainly <a href="http://www.techdirt.com/articles/20120410/19243918445/zazzle-blocks-1-star-review-mug-gets-even-worse-review-instapaper-creator.shtml">does not</a> have the greatest reputation because of its quick trigger finger in pulling down perfectly legal content, but that doesn't mean it's illegal.  Claiming that not displaying someone's work is infringement is just ridiculous, and takes away from Adkins' otherwise strong arguments.
<br /><br />
Either way, the original point stands: Adkins' works don't appear to be infringing WB's copyrights.  If WB did make the claim, it appears that WB went way too far.  Adkins <i>should have</i> just filed a standard counternotice to Zazzle, and one would hope Zazzle does the right thing and puts the works back up.<br /><br /><a href="http://www.techdirt.com/articles/20120617/23190519362/zazzle-warner-bros-pretend-all-references-to-wizard-oz-are-covered-wb-copyright.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120617/23190519362/zazzle-warner-bros-pretend-all-references-to-wizard-oz-are-covered-wb-copyright.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120617/23190519362/zazzle-warner-bros-pretend-all-references-to-wizard-oz-are-covered-wb-copyright.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>there's-a-problem-here</slash:department>
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<pubDate>Wed, 30 May 2012 10:34:00 PDT</pubDate>
<title>DMCA Notices So Stupid It Hurts</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120527/23520719089/dmca-notices-so-stupid-it-hurts.shtml</link>
<guid>http://www.techdirt.com/articles/20120527/23520719089/dmca-notices-so-stupid-it-hurts.shtml</guid>
<description><![CDATA[ Google's decision to be much more <a href="http://www.techdirt.com/articles/20120523/17520119054/google-lifts-veil-copyright-takedowns-reveals-detailed-data-who-requests-link-removals.shtml">transparent</a> about DMCA takedowns for search has revealed a swathe of absolutely ridiculously stupid DMCA notices.  We've <a href="http://www.techdirt.com/articles/20120524/18190719071/odd-that-microsoft-demands-google-take-down-links-that-remain-bing.shtml">covered</a> some already, but TorrentFreak <a href="http://torrentfreak.com/copyright-holders-punish-themselves-with-crazy-dmca-takedowns-120525/?utm_source=dlvr.it&#038;utm_medium=twitter" target="_blank">has found some more</a> -- including multiple cases of DMCA notices by copyright holders that aren't just against their own best interests, but are often against content they, themselves, put up.  This isn't even a situation like Viacom suing YouTube over clips that Viacom's employees <a href="http://www.techdirt.com/articles/20100317/1936288607.shtml">had uploaded</a>.  In those cases, at least, it involved attempts to make the clips <i>look</i> unauthorized.
<br /><br />
Here, however, it appears to just be ridiculous bad processes in place to make sure DMCA takedowns are legit.  There is, for example, the case of Warner Bros. <a href="http://www.chillingeffects.org/notice.cgi?sID=291695" target="_blank">sending a DMCA takedown</a> for <a href="http://www.imdb.com/title/tt1646987/" target="_blank">the IMDB page</a> of its own movie, <i>Wrath of the Titans</i>.  It also demanded that the Guardian newspaper's <a href="http://www.guardian.co.uk/film/video/2012/mar/30/wrath-of-the-titans-trailer-video" target="_blank">showing of the official trailer of the movie</a> be removed from Google search.  Ditto the <a href="http://trailers.apple.com/trailers/wb/wrathofthetitans/" target="_blank">official trailer on Apple's site</a> and <a href="http://www.hulu.com/watch/344340/wrath-of-the-titans---clip---we-are-bothers-but-not-equal" target="_blank">Hulu's site</a>.  And, let's not forget the <a href="http://www.bbcamerica.com/anglophenia/2012/03/watch-is-wrath-of-the-titans-critic-proof-liam-neeson-sam-worthington-respond/" target="_blank">BBC America news article</a> about how the film might be "critic proof" as well as a page from Charleston South Carolina's newspaper, <i>The Post &#038; Courier</i> <a href="http://events.postandcourier.com/movies/show/668625-wrath-of-the-titans" target="_blank">about the film</a> and telling people where to go see it.  Though, I guess Warner Bros. lawyers didn't want you to see it at all, because all of those were DMCA'd for being in Google's search.
<br /><br />
It's almost as if the lawyers at Warner Bros. are so clueless that they were actively trying to hide any legitimate marketing for the movie.  I'm sure their colleagues in the marketing department must have been just <i>thrilled</i> about these efforts.
<br /><br />
The TorrentFreak article lists out a bunch more takedowns, directed at news sites, often promoting the works in question:
<blockquote><i>
<p>In addition to the Warner instance mentioned above, the RIAA <a href="http://www.chillingeffects.org/notice.cgi?sID=197144">asked Google</a> to delist <a href="http://www.guardian.co.uk/music/2011/sep/29/lady-antebellum-own-the-night-review">a review</a> of the album Own The Night published on The Guardian. The artist behind the album is Lady Antebellum, signed to RIAA-member Capitol Records.</p>
<p>Even more worrying, the RIAA <a href="http://www.chillingeffects.org/notice.cgi?sID=107820">asked Google</a> to delist Last.fm&#8217;s entire <a href="http://www.last.fm/tag/electropop">Electro Pop section</a> because they thought it carried a pirate copy of All About Tonight by Pixie Lott.</p>
<p>Warner also reappeared later on, asking Google to delist <a href="http://www.nme.com/movies/trailers/id/nbQdTrPk0eE/search/movie">a page</a> on news site NME which lists information on the latest movies, which at the time included information on the movie Hall Pass. The same page on NME was targeted on several other occasions, including by anti-piracy company DtecNet on behalf of Lionsgate, who had info on The Hunger Games <a href="http://www.chillingeffects.org/notice.cgi?sID=235587">delisted</a>.</p>
<p>Hollywood Reporter didn&#8217;t fare much better either. Sony Pictures <a href="http://www.chillingeffects.org/notice.cgi?sID=176506">asked</a> Google to swing the banhammer against the popular news site after it published an <a href="http://www.hollywoodreporter.com/news/girl-with-dragon-tattoo-soundtrack-269233">article</a> called &#8220;Trent Reznor Releases Six Free Tracks From &#8216;Girl With the Dragon Tattoo&#8217; Soundtrack&#8221; and Sony mistook it for a DVDRIP.</p>
<p>But as soon as Sony&#8217;s piracy fears on the first &#8216;Dragon Tattoo&#8217; movie had subsided they were back as strong as ever with the sequel. This time the sinner was Wikipedia who dared to put up an <a href="http://en.wikipedia.org/wiki/The_Girl_Who_Played_with_Fire_%28film%29">information page</a> on the movie The Girl Who Played With Fire. Luckily Sony were on hand <a href="http://www.chillingeffects.org/notice.cgi?sID=176506">to ask Google</a> to delist the page.</p>
</i></blockquote>
The more you play around, the more examples like this you can find.  Zuffa, the notoriously litigious folks behind UFC, demanded <a href="http://www.google.com/transparencyreport/removals/copyright/requests/58927/" target="_blank">a Hulu link</a> be disappeared from Google search, despite Hulu only posting authorized content.
<br /><br />
Sony Music and the Estate of Michael Jackson tried to get <a href="http://www.last.fm/music/Michael+Jackson/_/Slave+to+the+Rhythm" target="_blank">a page on Last.fm</a> for <i>Slave to the Rhythm</i> <a href="http://www.chillingeffects.org/notice.cgi?sID=189011" target="_blank">removed</a> as infringing.
<br /><br />
Let's see... we've got Universal Music/Interscope (by way of Web Sheriff) <a href="http://www.chillingeffects.org/notice.cgi?sID=158116" target="_blank">demanding</a> that Google delete a link to <a href="http://onespot.wsj.com/business/2011/12/02/8feec/lady-gaga-marry-the-night-music-video" target="_blank">Wall Street Journal post</a> (reprinted from Mashable) embedding an official Lady Gaga video from last year.  Oh, and that wasn't all.  They also went after <a href="http://www.mtv.com/news/articles/1672512/lady-gaga-marry-the-night-music-video.jhtml" target="_blank">an MTV news article</a> about the video shoot -- which did contain some footage that someone had shot from a distance, but that seems extreme to kill the whole article.  Ditto for <a href="http://www.nypost.com/p/pagesix/lady_gaga_films_marry_the_night_JGh5mwC8xstK8DquCZP5lI" target="_blank">a NY Post article</a>.
<br /><br />
Sony Music Nashville was so worried about a Carrie Underwood leak that it <a href="http://www.chillingeffects.org/notice.cgi?sID=293831" target="_blank">tried to erase</a> a <a href="http://www.reuters.com/resources/archive/us/20080422.html" target="_blank">Reuters archive page</a> from 2008 that just lists a bunch of headlines -- none of which has anything to do with Carrie Underwood.
<br /><br />
TorrentFreak noted above that the RIAA asked the Guardian to takedown its review of the Lady Antebellum album <i>Own the Night</i>, but that wasn't the only target.  The RIAA <a href="http://www.chillingeffects.org/notice.cgi?sID=197144" target="_blank">demanded</a> that Google remove a link to <a href="http://music.aol.com/sessions/lady-antebellum-i-run-to-you-sessions/" target="_blank">a review of Lady Antebellum songs</a> on AOL's music site.  Lady Antebellum was clearly so upset by AOL breaching its copyright that the band posed for a photo at AOL studios.
<br /><br />
For most musicians, getting onto Pitchfork is a goal.  For the RIAA?  Well, apparently Pitchfork must be stopped.  That's why it <a href="http://www.chillingeffects.org/notice.cgi?sID=86324" target="_blank">DMCA'd</a> the tastemaker website for daring to <a href="http://www.pitchfork.com/forkcast/15848-every-teardrop-is-a-waterfall/" target="_blank">post an article</a> about Coldplay, in which they embedded <a href="http://www.youtube.com/watch?v=1Kf_6BWcOOg&#038;feature=player_embedded" target="_blank">a song</a> directly from Coldplay's own YouTube account.  The article even notes that the band had released the song to Pitchfork.  Nice going RIAA, trying to stop your own bands from getting the publicity they seek.
<br /><br />
Anyway, that's just after a little bit of searching... I'm sure we'll have more examples going forward...  Thanks to the folks at Torrentfreak for their initial research which inspired some of these other findings  as well.<br /><br /><a href="http://www.techdirt.com/articles/20120527/23520719089/dmca-notices-so-stupid-it-hurts.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120527/23520719089/dmca-notices-so-stupid-it-hurts.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120527/23520719089/dmca-notices-so-stupid-it-hurts.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>yay-dmca</slash:department>
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<pubDate>Wed, 2 May 2012 12:40:00 PDT</pubDate>
<title>My Bloody Valentine's Kevin Shields On Reissue Delays: 'Sony Hid Our Master Tapes'</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20120501/07385618728/my-bloody-valentines-kevin-shields-reissue-delays-sony-hid-our-master-tapes.shtml</link>
<guid>http://www.techdirt.com/articles/20120501/07385618728/my-bloody-valentines-kevin-shields-reissue-delays-sony-hid-our-master-tapes.shtml</guid>
<description><![CDATA[ Shoegaze legend <a href="http://en.wikipedia.org/wiki/My_Bloody_Valentine_(band)" target="_blank">My Bloody Valentine</a> has never been mistaken for a prolific band. With their last album (<a href="http://www.wired.com/underwire/2011/11/my-bloody-valentine-loveless/" target="_blank"><i>Loveless</i></a>) having been released over two decades ago (1991 to be exact), anyone who's been holding their breath waiting for a followup has probably been revived enough times that friends and family are considering adding a DNR order to their living will.<p>Now, at long last, there are signs of life. On May 7th, Sony Records is set to release remastered versions of MBV's two full albums and several EPs [exclamation points!]. Not only that, but MBV co-founder Kevin Shields is strongly hinting at an actual new My Bloody Valentine album [more exclamation points, tempered with a "we've heard this before over the last 20 years, but still..."!]. <br /><br /> While the new remasters will be appreciated, it's a project that's been in the works since 2004. Most of those familiar with Kevin Shields' perfectionism (the obsessiveness that saw the band go through 19 recording studios and nearly as many producers while recording <i>Loveless</i>, nearly bankrupting Creation Records in the process) probably chalked up this extra-long delay to excessive amounts of knob twiddling. But in an interview with Pitchfork, <a href="http://pitchfork.com/features/interviews/8809-kevin-shields/" target="_blank">Shields points out that <i>this time</i> it wasn't him</a>: 
<blockquote>
<i>The [remastering] process actually started in 2001, when we managed to come to an agreement with Sony, who inherited us from Creation. Part of the Sony deal was that I wanted all of the EPs made into one package because, back in 2001, you could get the albums pretty easily but not the EPs. So it was basically a compilation of all the EPs, and that was it.</i> <br /><br /> <i>Then we decided to do Isn't Anything and Loveless as well-- if we're gonna remaster [the EPs], we should remaster everything. In 2002, I tried to start working on it, but the studio that had the tapes, Metropolis Studios, lost them; the analog multi-tracks were all missing for a year. Only after I started threatening to get Scotland Yard involved did they magically, suddenly reappear. The true story is as yet to be determined, but we'll fight that one out in the near future.</i>
</blockquote>
Tapes going missing isn't completely unheard of. When bands lie dormant for years at a time, the labels generally don't place a premium on keeping everything sorted out, especially when they can do things like issue faux-remasters by pressing the "+Loud" button while the CD is in the tray. Shields points out that Warner (who handles American distribution) did exactly that when issuing supposed vinyl "remasters" in 2003:
<blockquote>
<i>For example, in America, Warner Bros. licensed Loveless and Isn't Anything to Plain Records, and they basically just ripped [the audio] off the CD and put it on vinyl [in 2003]. They did an awful, terrible job. It was done without my permission, and the sound quality was 100% wrong. It was a rip off to anyone who bought it. But I didn't know anything about it until they were in the shops. We actually got an injunction against it being imported into the UK at the time because it was technically a bootleg but, in America, Warners operate under their own law, so it might have been slightly legal in the United States.</i>
</blockquote>
But Shields states that the missing master tapes wasn't the result of simple oversight:
<blockquote>
<i>The contract we did in 2001 basically gave me ownership of the tapes, and then the Sony regime that existed when that contract was signed left. And when the new regime came in, the tapes disappeared. That was relevant because even though I was the owner, it would only revert back to me if I remastered from the original tapes-- if the tapes were gone, I couldn't remaster from them and hence I couldn't ever own them.</i>
</blockquote>
[Fun note: Pitchfork asked Sony to comment on this and got this smiley chunk of PR spam in reply: "<i>We have really enjoyed working on these hugely iconic re-issues with Kevin, and can't wait for the release.</i>" We know this isn't true because <i>no one</i> enjoys working with Kevin Shields. (<a href="http://en.wikipedia.org/wiki/Loveless_(album)#Recording_and_production" target="_blank">HAHAHA ONLY SRS</a>. 19 studios! Thousands of pounds!!! Engineers not being allowed to listen to vocal takes!!!?!)] <br /><br /> So, keeping the tapes away from Shields meant preventing him from reclaiming control of his band's output or being compensated for any interim sales. In fact, despite continued interest in My Bloody Valentine's catalog, the band is still operating in the red:
<blockquote>
<i>Also, you don't get paid if you don't own it-- you know, we've never been paid one penny from the United States from any of the records we've ever made. In the record company's world, we're always in debt. But the strange part of the story is Loveless alone sold enough copies in its first year to put us out of debt. But somehow Warners have managed to create a situation where, hundreds of thousands of records down the line, we're still in debt. That's why the compilations aren't coming out on Warner Bros. They're extremely in breach of contract as well at the moment.</i>
</blockquote>
Despite all of this, Shields remains largely pragmatic about this situation. It's not that it isn't unfair or stupid or flat out ugly. It's just that it isn't <i>uncommon</i>:
<blockquote>
<i>I'm no victim here-- this is just the way it is for everybody. It's a bit like being in the middle of a battlefield and getting shot in the arm and going, "Why me?" I mean, to put it very, very, very simply: The corporate system is fully psychopathic, and any creative people who enter into business with any of these organizations come up against a lifetime of issues. You just deal with it as you go along. It'll keep on happening until people reorganize the organizations.</i>
</blockquote>
Shields expands on this, pointing out that this two-decade gap between the original albums and the reissues could have been a lot shorter, if there had been any sort of cooperation from the labels involved.
<blockquote>
<i>Well, the organizations are [psychopathic], but probably 70% of the individuals in them are decent people. But a significant controlling minority have no empathy. They don't give a shit. If you put them in a situation where they can't make any decision but one that is in your favor, they will-- but that can take years. That's the game. Most people just give up with time and go, "I'm a victim." The only reason I've got the reputation for delays and spending a long time on things is because I just don't stop. We've had incredibly huge obstacles in our way-- no tapes, no royalties, no cooperation on any level-- and we sort it out.</i>
</blockquote>
Apparently, this is what it takes do a proper reissue: eight years, two labels, Scotland Yard and Shields' willingness to keep pushing on despite the labels' best efforts to keep him and his music as far apart as possible. I eagerly await the naysayers who will point out that the label system is still the artists' best friend, preferable to self-publishing, Kickstartering, etc. while simultaneously pointing out that "Screw the artists! They signed a contract!" Fun stuff, this cognitive dissonance. </p><br /><br /><a href="http://www.techdirt.com/articles/20120501/07385618728/my-bloody-valentines-kevin-shields-reissue-delays-sony-hid-our-master-tapes.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120501/07385618728/my-bloody-valentines-kevin-shields-reissue-delays-sony-hid-our-master-tapes.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120501/07385618728/my-bloody-valentines-kevin-shields-reissue-delays-sony-hid-our-master-tapes.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>inevitable-'artist-signed-a-contract'-trolling-in-3...2...</slash:department>
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<pubDate>Thu, 12 Apr 2012 08:40:00 PDT</pubDate>
<title>Louis Vuitton Touts Basketball Trademark Victory In Similar Lawsuit Against Warner Bros.</title>
<dc:creator>Leigh Beadon</dc:creator>
<link>http://www.techdirt.com/articles/20120411/12393118456/louis-vuitton-touts-basketball-trademark-victory-similar-lawsuit-against-warner-bros.shtml</link>
<guid>http://www.techdirt.com/articles/20120411/12393118456/louis-vuitton-touts-basketball-trademark-victory-similar-lawsuit-against-warner-bros.shtml</guid>
<description><![CDATA[ <p>We recently wrote about the <a href="http://www.techdirt.com/articles/20120404/02253718362/ridiculous-court-says-mock-basketball-which-appears-hyundia-commercial-1-second-dilutes-lv-trademark.shtml">terrible ruling</a> in which a district court said Hyundai had diluted Louis Vuitton's trademarks with a one-second clip of a mock LV basketball in a commercial. Now THR reports that Louis Vuitton has <a href="http://www.hollywoodreporter.com/thr-esq/louis-vuitton-presses-hangover-ii-309608" target="_blank">included that ruling as part of a new filing in another ongoing trademark suit</a> against Warner Bros., over a scene in <em>The Hangover Part II</em> that briefly shows (and refers to) a Louis Vuitton bag. Warner Bros. is seeking summary judgement in that case, on the quite sensible grounds that featuring trademarks and brands in a film is protected speech under the First Amendment, but Louis Vuitton is using the Hyundai ruling as a counterweapon:</p>

<blockquote><em>The French brand says that judge's decision two weeks ago shows why it should be able to go forward with its claims against Warner Bros. for infringing and diluting its trademark by showing, for one brief moment in the movie, Zach Galifianakis telling someone who pushes his bag, &#8220;Be careful, that is &#8230; that is a Lewis Vuitton.&#8221;
<br /><br />
...
<br /><br />
"As Judge Castel recently ruled in Louis Vuitton v. Hyundai, Louis Vuitton's 'aggressive' enforcement of its trademark rights and prompt action against those who misuse its trademarks are necessary concomitants of its exclusive rights in the brand," the French company says in a court filing.
</em></blockquote>

<p>This is how a law gets out of hand: each bad ruling diminishes its intent a little further, until it no longer serves its original purpose. This is a big part of what happened to copyright law, and <a href="http://www.techdirt.com/articles/20120305/02351917976/louis-vuittons-international-tour-trademark-bullying-runs-smack-dab-into-upenn-law-school-who-explains-trademark-law-return.shtml">bullies</a> like Louis Vuitton are causing a similar erosion of trademark: a shift from laws that benefit everyone to laws that grant broad powers of ownership and control to rightsholders, infringing on freedom of speech in the process. Of course, Warner Bros. has been through something similar before, when the artist behind Mike Tyson's face tattoo <a href="http://www.techdirt.com/articles/20110429/16000214087/guy-who-did-mike-tysons-tattoo-sues-warner-bros-copyright-infringement.shtml">sued</a> over the very same movie&mdash;though that was a copyright issue, and <a href="http://www.tmz.com/2011/06/20/hangover-2-tattoo-mike-tyson-mystery-settlement-warner-brothers-ed-helms-face-tattoo/" target="_blank">settled</a> confidentially. The argument against trademark dilution is likely even stronger than the argument against copyright infringement, but it remains to be seen how Warner Bros. will respond to Louis Vuitton's latest move.</p>

<p>Of course, as always, one can't ignore the irony of Warner Bros.&mdash;a big proponent of stronger intellectual property laws&mdash;fighting <em>against</em> overly restrictive trademarks, and citing the First Amendment in the process. This hypocrisy is something media companies don't want to acknowledge: as content producers and distributors, they rely on the very freedoms and fair use exceptions that they are constantly seeking to curtail.</p><br /><br /><a href="http://www.techdirt.com/articles/20120411/12393118456/louis-vuitton-touts-basketball-trademark-victory-similar-lawsuit-against-warner-bros.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120411/12393118456/louis-vuitton-touts-basketball-trademark-victory-similar-lawsuit-against-warner-bros.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120411/12393118456/louis-vuitton-touts-basketball-trademark-victory-similar-lawsuit-against-warner-bros.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>trademark-hangover</slash:department>
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<pubDate>Mon, 9 Jan 2012 07:28:31 PST</pubDate>
<title>WB, HBO Continue To Suck At Economics; New Policies Encourage Piracy</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120107/01435817321/wb-hbo-continue-to-suck-economics-new-policies-encourage-piracy.shtml</link>
<guid>http://www.techdirt.com/articles/20120107/01435817321/wb-hbo-continue-to-suck-economics-new-policies-encourage-piracy.shtml</guid>
<description><![CDATA[ A bunch of folks have been submitting variations on two stories from last week that show -- yet again -- that the big legacy entertainment industry companies suck at economics.  <a href="http://www.techdirt.com/profile.php?u=adamr">AdamR</a> was the first to send over the news that Warner Bros. studio was <a href="http://allthingsd.com/20120105/warner-brothers-will-make-netflix-redbox-blockbuster-wait-longer-for-new-movies/" target="_blank">increasing the "delay" period for rentals</a>.  If you don't recall, WB has been at the forefront of this braindead idea that, if it forbids Netflix, Redbox and Blockbuster from renting videos, maybe more people will buy the DVDs they release for sale.  Of course, other studios took the time to study the matter and found that such a delay in rentals <a href="http://www.techdirt.com/articles/20100615/1842549841.shtml">doesn't increase sales</a>.  Meanwhile, a separate study showed that such windows <i><a href="http://www.techdirt.com/articles/20111201/03191216939/yet-another-study-shows-that-hollywoods-own-bad-decisions-are-increasing-amount-infringement.shtml">do increase infringement</a></i>, as those who are perfectly willing to pay the price to rent, find the price to buy ridiculous... and seek alternatives.
<br /><br />
It appears that WB is implicitly admitting that the strategy of delaying the rental period of a movie by 28 days has been a total failure, in the decision to increase the delay to 56 days.  They're basically admitting that not enough people were "buying" in those 28 days... so they somehow think that doubling the wait will increase the purchases.  It won't.  If people really want to pay the extra money to buy the DVD, they're likely to do so pretty early on.  It's not like they're waiting 50 days in and then saying "gee, I can't rent the movie, so I'll just pay a lot more money than necessary to own an obsolete piece of plastic."
<br /><br />
Meanwhile, HBO, coming out of the same corporate lineage as WB, has decided to <a href="http://news.cnet.com/8301-31001_3-57353134-261/hbo-forces-netflix-to-go-elsewhere-for-its-dvds/" target="_blank">stop selling Netflix the DVDs of its shows</a>.  Netflix, of course, notes that it can get these DVDs from other sources, but it makes you wonder what HBO thinks it's accomplishing here.  Pissing off its fans on Netflix by trying to force them into HBO's own annoying walled garden doesn't help build fans.  And if it does actually lead to Netflix not offering HBO shows, then as plenty of commentators <a href="https://twitter.com/#!/jackshafer/status/154998477909262336" target="_blank">quickly noted</a>, all they're really doing is encouraging more infringement.
<br /><br />
This is basic stuff at this point.  Not offering your content in simple, legitimate formats that the customers want doesn't help you at all.  It just drives people to infringe.  How does that help in any way, shape or form?<br /><br /><a href="http://www.techdirt.com/articles/20120107/01435817321/wb-hbo-continue-to-suck-economics-new-policies-encourage-piracy.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120107/01435817321/wb-hbo-continue-to-suck-economics-new-policies-encourage-piracy.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120107/01435817321/wb-hbo-continue-to-suck-economics-new-policies-encourage-piracy.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>do-they-not-realize-this?</slash:department>
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<pubDate>Thu, 20 Nov 2008 13:11:00 PST</pubDate>
<title>Movie Studios Sue Australian ISP For Not Waving Magic Wand And Defeating Piracy</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20081120/1214592902.shtml</link>
<guid>http://www.techdirt.com/articles/20081120/1214592902.shtml</guid>
<description><![CDATA[ A few years ago, after realizing that blaming consumers wasn't a particularly effective strategy in covering up for the entertainment industry's own inability to adapt to a changing market, industry insiders chose a new strategy: <a href="http://www.techdirt.com/articles/20080701/0241361562.shtml">blame ISPs</a>.  That sent them down a path of trying to force ISPs to do a variety of things, such as installing filters, policing their networks for copyright-infringing material and, of course, kicking users off their networks.  In the mind of entertainment industry execs, a failure to do any of these things should be a crime.  Note how the industry totally shifts responsibility here.  Rather than admitting that <i>they</i> should change with the market, it's always someone <i>else</i> who needs to change to protect the entertainment industry's obsolete business model.
<br /><br />
While the industry has been able to get some politicians and ISPs to agree (amazingly, often against their own best interests), it's now gone a step further.  A bunch of the biggest movie studios (Village Roadshow, Universal Pictures, Warner Bros Entertainment, Paramount Pictures, Sony Pictures Entertainment, Twentieth Century Fox Film Corporation, Disney Enterprises, and the Seven Network) have <a href="http://www.computerworld.com.au/article/268184/film_industry_sues_iinet_over_bittorrent_downloads?fp=2&#038;fpid=1" target="_new">teamed up to sue Australia's largest ISP, iiNet</a>, for failing to stop copyright infringement.  iiNet, you may recall, is the same ISP that has been <a href="http://www.techdirt.com/articles/20081118/0331192866.shtml">mocking</a> the Australian government for requiring filters.  So, naturally, it's response to this lawsuit is rather direct.  While the studios complain that iiNet isn't doing anything, iiNet responds that this is not true at all.  They pass each complaint on to the police, because if there's a crime, then the police should deal with it:
<blockquote><i>
They send us a list of IP addresses and say 'this IP address was involved in a breach on this date'. We look at that say 'well what do you want us to do with this? We can't release the person's details to you on the basis of an allegation and we can't go and kick the customer off on the basis of an allegation from someone else'. So we say 'you are alleging the person has broken the law; we're passing it to the police. Let them deal with it'.
<br /><br />
We are not traffic cops. We can't stand in the middle of it and stop the individual items that might be against the law. These guys are asking us to be judge, jury and executioner.
</i></blockquote>
Even better, iiNet's CEO Michael Malone gets to the heart of the matter:
<blockquote><i>
I think they genuinely believe that ISPs have a secret magic wand that we are hiding and if we bring it out we can make piracy disappear just by waving it. And it doesn't exist.
</i></blockquote>
Indeed, but that might mean that the entertainment industry has to actually take responsibility for their own business model failings, and they can't do that.  So they <i>have</i> to blame others.<br /><br /><a href="http://www.techdirt.com/articles/20081120/1214592902.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20081120/1214592902.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20081120/1214592902.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>blame-someone-else</slash:department>
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