• First up, is a documentary about Aaron Swartz called The Internet's Own Boy by Brian Knappenberger, who previously did a documentary about Anonymous. Knappenberger's film isn't a "memorial" about Swartz, but rather an "investigative" documentary about his story and the lawsuit against him, as well as the legal structure that led to his arrest and trial. The video that Knappenberger has put together is really compelling and touching: This project has received a lot of attention, so there's no surprise that it's quite close to its $75,000 target with a few weeks to go. It looks like it should be a great project to support.
• From once CFAA case to another. Krystof Andres & George Russell are doing a documentary called The Hedgehog & The Hare, all about the CFAA, but mainly focused on the case against Andrew "Weev" Auernheimer. The documentary will also explore how the CFAA goes way too far in trying to criminalize perfectly reasonable computer activities. The target for this project had much more modest goals than the Swartz one, though the production values definitely look a bit more amateurish. Plus, frankly, the rewards on the Swartz movie are a lot more reasonable. That said, with just a few days left, it looks like this movie is likely to squeak by the target even if it's just slightly under as I write this.
• This next one, I'm a bit less sure about, but the topic could be interesting. It's supposedly a short film, made in South Africa about the big pharmaceutical makers going after generic drug makers, called The Cure. What makes me a bit unsure about is that the filmmakers, Katey Carson and Errol Schwartz, seem a hell of a lot more excited about the fact that (a) they signed up some "Oscar-winning talent" to be in the film and (b) that they're filming the whole thing with an iPhone, than they are about the story, which they barely mention at all. The topic sounds interesting. I just wish they'd actually have said something about that, rather than the other stuff which really isn't that interesting. The project has barely raised any money, and they're pretty ambitious to seek $35,000 for this. But since it's an Indiegogo "flex funding" campaign, they'll get the money even if they don't raise the full amount. Also, the "rewards" you get back seem ridiculously high priced. You have to pay $100 just to get a download of the short film and $50 for the script? Hmmm. Love the idea of a film that highlights problems with drug patents, but not sure this is the best way to do it.
• And, finally, a documentary about piracy. I mean that's what critics insist this site is all about, right? So I figured, why not. Here's a documentary film about a Somali pirate -- you know, one who actually hijacked a ship, called The Smiling Pirate, which aims to tell the story of the one remaining living member of the pirates who hijacked the Maersk Alabama. As the story suggests, despite a forthcoming Tom Hanks movie about this whole thing, there appear to be a lot more questions than answers about what really happened both aboard the ship and then with the captured pirate after the whole thing happened. Sounds like an interesting story, but it hasn't picked up very many backers yet. It's also an Indiegogo flexible funding project, so will receive any money it raises, but it's not clear if it'll get enough to really support the making of the documentary any time soon.

But that was then, this is now: the Internet is having a massively disruptive effect on the film industry, just as it is on many others. That doesn't give film producers any entitlement to handouts from the Italian state for sales they claim they might have made. And notice, too, that De Laurentiis is calling for compensation for allegedly lost sales, not lost profits, which might have been minimal.

It's sad that so many in the copyright world apply their creativity to thinking up reasons why they should be protected by governments from the massive changes underway throughout the world, rather than applying that creativity to coming up with new ways of making money. They could do worse than listen to Riccardo Tozzi, president of Italy's audiovisual association, who was the co-host with De Laurentiis of the film industry symposium where the latter made his call for legal action:

Tozzi suggested a different tact: making it easier for people to legally download films, for a fee. "We should balance the threat of illegal downloads with a legal supply of films," he said. "It can be too difficult to download films legally, so there's no good alternative" to piracy.

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But the MPAA is focusing elsewhere, and no longer citing the earlier studies, after an internal review that followed the SOPA debate, MPAA spokesman Howard Gantman said. “At the current time we do not actively cite the figures directly relating to movie piracy, as the landscape has changed significantly since these studies were conducted both regarding the growth of broadband and the development of streaming technology, as well as the introduction of hundreds of new sites world-wide for viewing legal online content,” Gantman said.

I think I can safely say that Super Meat Boy has been pirated at least 200,000 times. We are closing in on 2 million sales and assuming a 10% piracy to sales ratio does not seem unreasonable. As a forward thinking developer who exists in the present, I realize and accept that a pirated copy of a digital game does not equate to money being taken out of my pocket. Team Meat shows no loss in our year end totals due to piracy and neither should any other developer.

Loss due to piracy is an implied loss because it is not a calculable loss. You cannot, with any accuracy, state that because your game was pirated 300 times you lost 300 sales. You cannot prove even one lost sale because there is no evidence to state that any one person who pirated your game would have bought your game if piracy did not exist. From an accounting perspective it’s speculative and a company cannot accurately determine loss or gain based on speculative accounting.

After the frustrations with SimCity I asked Origin for a refund and received one. This was money they had and then lost a few days later. Applying our earlier conversation about calculable loss, there is a loss that is quantifiable, that will show up in accounting spreadsheets and does take away from profit. That loss is the return, and it is much more dangerous than someone stealing your game...

In the retail world, you could potentially put a return back on the shelf, you could find another customer that wants it, sell it to them and there would be virtually no loss. In the digital world, because there is no set amount of goods, you gain nothing back (one plus infinity is still infinity). It’s only a negative experience. A negative frustrating experience for a customer should be considered more damaging than a torrent of your game.

I challenge a developer to show evidence that accurately shows implementation of DRM is a return on investment and that losses due to piracy can be calculated. I do not believe this is possible.

I do believe people are less likely to pirate your software if the software is easy to buy, easy to run, and does what is advertised.

People have to WANT to buy your software, people have to WANT to support you. People need to care about your employees and your company’s well being. There is no better way to achieve that than making sure what you put out there is the best you can do and you treat your customers with respect.

According to Jeff Cusson, HBO’s senior vice president of corporate affairs, “We think the key to combating piracy is to make content like Game of Thrones available worldwide within the smallest window possible…to 176 territories within the week of the U.S. premiere.”

Cusson said, “HBO is also rolling out HBO Go internationally,” which means many viewers in Europe, Latin America, and in other locations like Hong Kong can watch Game of Thrones at their leisure on their iPad/iPhone, Roku, Xbox 360s, their Android devices, and selected Samsung Smart HDTVs.

When asked about the prevalence of piracy in America, Cusson said, “We utilized various tools to protect our copyright in 2012.” I countered that they didn’t work, because it was still the most downloaded show that year. Cusson responded, “We think the success of our business shows that our approach is relatively successful.”

I’m glad the author is pointing out what is pretty clear to people who browse the internet everyday, piracy is still widespread and is evolving every year. Not even taking into account the huge piracy issues overseas, each of these takedown requests represents lost revenue for both views and time spend tracking and reporting this illegal behavior. NBC will and should continue to do this because legal viewing of their content is vital for their business. But the better long term solution is to create a system where NBC isn’t playing a carnival game just to receive the proper copyright benefits for the content they invest so much in.

Kelseliz, AlexB and SteveFeather, I’m glad you all enjoyed my story. However, I’m not too surprised you all share the same point of view. After all, the three of you commented from the same Washington D.C.-based IP address, and one of the email addresses you left points to a D.C. lobbying firm that gets paid by major labels, rights holder groups and movie studios… but I’m sure that’s all just one big coincidence.

In its adolescent years, the U.S. was a hotbed of intellectual piracy and technology smuggling, particularly in the textile industry, acquiring both machines and skilled machinists in violation of British export and emigration laws. Only after it had become a mature industrial power did the country vigorously campaign for intellectual-property protection.

The most candid mission statement in this regard was Alexander Hamilton’s “Report on Manufactures,” submitted to Congress in December 1791. “To procure all such machines as are known in any part of Europe can only require a proper provision and due pains,” Hamilton wrote. “The knowledge of several of the most important of them is already possessed. The preparation of them here is, in most cases, practicable on nearly equal terms.”

Notice that Hamilton wasn’t urging the development of indigenous inventions to compete with Europe but rather the direct procurement of European technologies through “proper provision and due pains” -- meaning, breaking the laws of other countries. As the report acknowledged, most manufacturing nations “prohibit, under severe penalties, the exportation of implements and machines, which they have either invented or improved.” At least part of the “Report on Manufactures” can therefore be read as a manifesto calling for state-sponsored theft and smuggling.

Panel mediator Rosemary Neill noted Game of Thrones was the most pirated show of 2012 and that 10 per cent of the downloads came from Australia. But Petrarca shrugged and said the illegal downloads did not matter because such shows thrived on "cultural buzz" and capitalised on the social commentary they generated.

"That's how they survive," he told the crowd gathered at the University of Western Australia.

He said HBO alone had 26 million subscribers in the US and 60 million worldwide, which meant there was plenty of money filtering in and allowing the channel to produce high quality content despite any illegal downloading.

I am 100% against illegal downloading. I said that downloading creates buzz but def am NOT in support of illegal downloads. The issue is a distribution system that gets content to viewers legally in a timely manner. People want to pay if made available.

I may get lynched for saying this – but I have always believed that internet piracy was actually, in some ways, a good thing to happen to the industry. If not for that, the music industry would never have pulled its act together and embraced innovation and realised changing consumer behaviour and digital distribution. The challenges the music content industry faces are too vast to lay down here but the most significant one is the fact that the very core of the industry and its business dynamics have been shaken deep due to the consumer’s changed consumption habits and habitat, and its value proposition changed forever. It’s almost akin to consumers not wanting to pay to consume Coke/Pepsi anymore. In that sense it is as good as creating a brand new entertainment industry, creating brand new value and brand new revenue models at the same time as preserving the existing value/revenue base.

Faster access at affordable prices has always created a massive boost for consumption. At one point it was content that was king, then the portable device became the centre of the digital universe and now it’s the war of the OSes. The underlying factor across all these spurring growth (or preventing growth) has always been access and in this particular case it’s the global LTE and LTE Advanced roll- outs that will accelerate growth, especially in large countries such as India, Indonesia and China. This [growth of access] will be nothing short of an internet revolution, due to the wide-scale consumption it will create as common people’s daily habits change.

Six months later, we have found no evidence that Google’s policy has had a demonstrable impact on demoting sites with large amounts of piracy. These sites consistently appear at the top of Google’s search results for popular songs or artists.

Well-known, authorized download sites, such as iTunes, Amazon and eMusic, only appeared in the top ten results for a little more than half of the searches. This means that a site for which Google has received thousands of copyright removal requests was almost 8 times more likely to show up in a search result than an authorized music download site. In other words, whatever Google has done to its search algorithms to change the ranking of infringing sites, it doesn't appear to be working.

For this analysis we performed searches for [artist] [track] mp3 and [artist] [track] download over a period of several weeks starting December 3, 2012

1. The RIAA will never, ever be satisfied, no matter what Google does. Which again, reinforces the idea that it was probably a bad idea to even cave in in the first place.
2. The RIAA still doesn't understand how search works, nor does it seem to have any interest in learning. It doesn't understand that every single other website in the world has to work hard to lift themselves up in Google's search rankings. They don't get to specifically call out sites they don't like and automatically force Google to lower their rankings. The RIAA gets a massive headstart on every other site in the world... and they still haven't figured out how to take advantage of this.

So, if they had done the same percentage as say iTunes, 30/70 instead of 65/35, that's a difference of about $600 million. Now if you take a middle class musician, say, $50,000 year, year in and year out, divide it into $600 million, that's 12,000 people that Google has siphoned the money off.

And that's 12,000 people that are now working in the salt mines of Walmart.

A few years ago, theatre releases were limited to tier-I and tier-II cities due to high costs of prints. It took between three months and a year for a film to be released elsewhere. Consequently, films reached television and home video only after six months of a theatrical release. Pirates gleefully filled that vacuum by bombarding consumers with cheap optical discs....

Not anymore. The brightest stars of the Rs 100-crore constellation are theatres and prints.... Digital prints, which cost one-fifth of analog prints, have facilitated the swift reach of movies across the country.

According to Dwyer, the better-off who earlier paid to have high-quality cinema systems at home are no longer interested in poor quality (pirated) copies. "The quality of DVDs and Blu-ray discs is excellent with extra features and at a reasonable price."

For one, producers are happy with the current box-office fortunes. There is also no evidence to show big hits suffering from online piracy. On the contrary, data crawls suggest that the most downloaded films are nearly always the biggest hits, according to Lawrence Liang of Bangalore's Alternative Law Forum, one of the authors of the India chapter of the Media Piracy report.

What has really changed is the focus on piracy. As the case of AACT shows, the struggles against pirates are few and far between to make even news, leave alone act as a deterrent. "The tendency has been to focus always on the numbers we are capturing rather than looking at leaked markets," says Uday Singh, managing director, MPDA.

Because movies matter—to more people, in more places, who want to watch them at more times, across multiple platforms—the film and television industry is continuously innovating to meet that demand.

Today movies and TV shows can be viewed in theaters, on the big screen, or at home on TV screens, laptops, iPads, Kindles and smart phones.

There are more than 375 unique licensed online distribution services around the world that provide high-quality, on demand film and television shows, offering the easiest, fastest, safest, highest quality product and viewing experience possible.

These innovations are great for consumers. I'm not exaggerating when I say a new golden age in television and film is being ushered in. You can watch more content than ever, through more channels, and the quality of the movies and TV shows is outstanding.

This is why it's so crucial that we protect this content from theft. Because consumers deserve to enjoy first-generation versions of their favorite films—not secondhand, pirated films-of-films shot and recorded inside a movie theatre on a mobile phone.

We must strike a balance between the desire for a free and open internet and the protection of intellectual property. The future cannot be about choosing one over the other—between protecting free speech OR protecting intellectual property—it must be about protecting both

We can and must have an Internet that works for everyone, and we can and must have protection for the creative industry’s genius that intellectual property represents.

To protect IP, and the openness and freedom of the Internet, we must together innovate our way through these challenges. Fortunately, Silicon Valley and Hollywood are making some progress on this front.

Hi, I'm Sean! I'm one of the two guys who made Anodyne. It's neat that Anodyne's ehre and I'm glad that means more people can play it, though of course we'd love it if you bought the game! We're tryin' to get Greenlit on Steam so we'd really appreciate it if you and your friends gave us an upvote over at http://steamcommunity.com/sharedfiles/filedetails/?id=92921739.

Most importantly let us know what you think of the game and if you like it or if it fills you with burning rage! - we're on Twitter at @seagaia2 and @jonathankittaka.

"Yeah, piracy is inevitable so it's better to embrace it – plus, it gives lots of people who couldn't normally afford the game the opportunity to play it – and I think when you're a small group of developers (only my friend Jon and I made Anodyne), it's better to have lots of people able to experience your game," he wrote.

Why I Download TV/Movies For Free (US, Based On Americans Who Do)

While price was one of the top three reasons, this hardly paints a picture of penny-pinching freeloaders—rather, it shows emerging trends in media consumption that distributors and rightsholders simply can't keep ignoring. Absolutely none of these responses are surprising, because they are exactly the way people have been interacting with the majority of content online for years now. They share, they use multiple devices, they expect comprehensive access and a choice of sources, they want access as soon as possible, and they are put off by obtrusive advertising.

Of course, that last item is a bit of an oddity. The knee-jerk reaction among most people is that all advertising is bad, but that seems to underestimate the amount of stuff that advertising pays for or subsidizes, and that most of us happily enjoy on a daily basis. Advertising is one of those things that only ever gets badmouthed, because you only focus on it when it's bad — when it's good it doesn't register as advertising because it doesn't register as intrusive. The perennial buzz around Superbowl commercials and the 44-million views on Old Spice's famous viral ad support this notion pretty strongly.

In the world of online television, I think there's room for both subscription models and advertising-funded models — and even some combinations of both if balanced correctly. But until content providers start tackling the overall problem by catching up to pirate sources in the many areas where their services fall short, no model is going to succeed in defeating piracy.

The United States warned Antigua and Barbuda on Monday not to retaliate against U.S. restrictions on Internet gambling by suspending American copyrights or patents, a move it said would authorize the "theft" of intellectual property like movies and music.

"The United States has urged Antigua to consider solutions that would benefit its broader economy. However, Antigua has repeatedly stymied these negotiations with certain unrealistic demands," said Nkenge Harmon, a spokeswoman for the U.S. Trade Representative's office.

"I do think that the US has a mixed, immature and difficult domestic situation with respect to gambling in general and remote gambling in particular," Mendel told Wired.co.uk. "However, I think the main reason the US has not complied with the WTO rulings is that Antigua is such a small country they think they can get away with it. I also think that, unfortunately, some people in the US government were almost offended that Antigua chose to challenge the US and have been so persistent in its pursuit of justice that the US government has adopted unusually harsh and unyielding lines that have made it difficult to consider our issue in its proper context."

"In these circumstances, Antigua has no justification for taking any retaliatory actions against the United States. Moreover, if Antigua actually proceeds with a plan for its government to authorize the theft of intellectual property, it would only serve to hurt Antigua’s own interests. Government-authorized piracy would undermine chances for a settlement that would provide real benefits to Antigua. It also would serve as a major impediment to foreign investment in the Antiguan economy, particularly in high-tech industries."

For years, people who write about TV have been wondering just what the tipping point would be, when DVR usage, online streaming, and pirated viewing of TV broadcasts would become so significant that networks would essentially have to invent a new business model. The networks aren't at that point yet, but they're so close that everybody's talking about it with great confidence, as if the Internet hasn't thrown a great fear of the unknown into their souls. There's still far more money to be made in the old model, the sort of money that can still afford to produce big, ambitious shows like Revolution, as opposed to smaller-scale things like reality series and multi-camera sitcoms, than there is to be made under any new model. But the tipping point is almost here.

Is it ever. The news of big things happening with online service providers, especially Netflix, never stops pouring in. Though traditional analysts might recommend Disney start a cold war with Netflix, the companies instead recently entered an exclusive partnership to stream lots of content from Disney, Pixar and Marvel. There's only one part of that sentence I wish I didn't have to type: exclusive. It's a word that pops up all too much in recent news about evolving TV and movie business models.

Netflix has been stockpiling exclusive original content, including a lot of potential hits like the revival of Arrested Development, a new drama starring Kevin Spacey, a murder mystery produced by Eli Roth, a new Ricky Gervais series and more — all on top of deals like the one with Disney. Then there's the infamously closed-off HBO and its hoard of ultra-popular shows that can't be accessed without a full cable package plus an HBO subscription (and which also happen to be among the most pirated shows). HBO recently reached its own exclusive agreement, this time with Universal — to air the studio's films and keep them off of Netflix, along with the rest of the HBO catalogue. For at least ten years.

Paul Tassi has a good grasp on what this move really represents:

I think people are missing the larger idea of what's happening here, and that's HBO becoming the closest thing Netflix has to a direct competitor. The groundwork is already in place with the aforementioned Go service. Add in exclusive access to movies from all those studios, and $15 a month for HBO Go starts looking nearly as appealing as $15 a month for Netflix.

Basically, HBO is betting against cord-cutting, but also trying to compete in the online space, assuming that most people will keep their cable and pay extra for exclusive content plus digital access to that content. I can see that being true for a while (lots of people have both cable and Netflix), but it makes no sense in the long run. Eventually, HBO will be forced to offer some sort of online-only subscription.

But will even that be enough? Here's where we get back to the exclusivity problem. All these exclusive deals are serving to fragment a market that doesn't yet have clearly defined rules for delivery. Exclusivity is a great thing for creators to sell, and a great thing for businesses to leverage, but in this transitional phase for distribution models, it's harming everyone involved by making sure piracy retains its biggest advantage: comprehensive access. Networks have always had exclusive shows, but they all ended up in the same place — your television, delivered through a single antenna. Then later you needed not just an antenna, but a cable, to get everything. Then later you needed to pay more for specific cable channels to get certain shows — and lo and behold, those shows were among the first and most widely pirated.

The knee jerk reaction to piracy's unflagging popularity is to assume that, as the mantra goes, "people just want everything for free." But as the evidence that pirates buy more media has continued to pile up, that idea has been stripped of its credibility.

As some people have been pointing out for years, piracy's real advantage lies elsewhere: convenience, selection and availability. Piracy is currently the fullest realization of the internet's potential as a culture-machine: virtually any movie, any TV series, any song, any obscure documentary or bootlegged live performance, all accessible to anyone. No need to subscribe to multiple different providers; no release windows or geographical barriers. The fact is that no other means of obtaining media has matched piracy in terms of sheer selection and accessibility, so naturally it has never gone away, even though it has many significant flaws like spammy sites and spotty quality control.

I'm not saying everyone should hand everything to Netflix — only that service providers, studios, networks and everyone else involved need to employ a little game theory and figure out how to move the business forward to everyone's benefit. This means partnerships that allow more sharing of content, new infrastructures that make delivery and payment more seamless, and the undeniably challenging elimination of geographical restrictions and other obsolete licensing concerns. As the world moves away from the captive audience and towards a culture of infinite choice, expecting people who want comprehensive access to buy multiple different subscriptions from multiple different companies is tragically foolish. The culture machine has been built; pirates shouldn't be the only ones using it properly.

Our data shows that current anti-piracy efforts are visible, but their overall impact appears to be rather limited. Furthermore, our analysis of the file sharing ecosystem suggests that future antipiracy measures that are currently under discussion may not be as successful as their proponents might expect.

Greetings Pirate Bay!

This is 2 Player Productions here, and we hoped we could be the first to upload our new movie "Minecraft: The Story of Mojang". We've never uploaded a torrent before so hopefully this isn't all screwed up.

We wanted to come here first because we knew the movie would end up here eventually, and the best thing to do seemed to be opening a dialogue. Torrents and piracy are a way of life and it probably won't be going anywhere anytime soon. There are many people that want to punish you for that, but we have a more realistic outlook on things.

We've been there. We've all needed to do it at some point. Maybe you don't have the money. Maybe you want to try before you buy. Maybe you're pissed at us for premiering the movie on Xbox Live. These are all fine reasons. But if you feel that piracy is, in Gabe Newell's words, "a service problem," please consider that we are selling DRM free digital downloads that you can watch in whatever manner you please.

We're just three guys trying to make a living doing what we love. We love the world of video games, and we love making it real. If you buy the movie, you support those efforts. The reason we Kickstarted this movie in the first place was that we didn't have enough money to make it ourselves, and even then, we still put A LOT of our own money into it. Not to mention nearly two years of work.

Watch the movie. Hopefully you'll like it, and understand what we're trying to do. Please consider supporting us by buying the $8 DRM-free digital download of the movie at www.theminecraftmovie.com, or the $20 DVD from www.fangamer.net.

We've worked with a lot of amazing people in the games industry and had the incredible fortune to make some great films the way we wanted to make them. Please consider helping us continue on this path. The best has yet to come.

-2pp

It's obviously great to see African countries like Nigeria develop as an increasingly important player in the world of technology, but it's depressing to see its politicians repeating the mistakes of the West in this area. Imposing retrogressive levies do little to help local artists, but are likely to hinder the development of local hardware industries because of the extra costs they impose on purchasers.

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