Nina Paley 's Techdirt Comments

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  • On the post: Nina Paley: My Decision To Turn Down Netflix Due To DRM

    Nina Paley ( profile ), 25 Apr, 2010 @ 07:46am

    Re: DRM != BAD in all situations

    I personally would be more likely to end up watching it if it were available via the methods I've chosen to consume media [Netflix streaming in this case]. As it is, even though I want to watch your film, and even though I've known for a long time that it is available for free, I have not yet seen it. It is simply not convenient for me to track down the site you have it available, download it, and convert it to a DVD, or transfer it to my media sharing in order to watch it as I typically watch movies. If I had to individually track down each movie I want to watch, and deal with whatever codec each movie was distributed in, I'd watch a lot fewer films.
    If it were available via Netflix streaming, it would fall within my daily routine of adding movies to my queue to watch. As a bonus, you'd actually get paid for it. I know I can add it to my physical DVD queue [and probably will eventually], but I'm an 'instant gratification' kind of guy. :) At this point probably 95% of my Netflix viewing is of streamed movies. In the last year I've only gone through about 4 physical DVDs from Netflix.

    Doubletwist, your paragraph above sums up why this decision was so difficult for me. I wouldn't fault anyone for deciding the other way, including myself. This was one of the least clear dilemmas I've faced around "Sita." I desperately want "Sita" to be as conveniently accessible as possible. Netflix's VOD would have been so good, if not for the DRM.

    I should add that I wasn't really tempted by the money. The $4,620 was offered to the distributor, FilmKaravan; I would have only received half of that, $2310. That's nice, but what I really wanted was the eyeballs Netflix would have offered.

  • On the post: Nina Paley: My Decision To Turn Down Netflix Due To DRM

    Nina Paley ( profile ), 24 Apr, 2010 @ 12:23pm

    Re: Re: Re:

    "Sita" makes money just like any other film.
    http://blog.ninapaley.com/2009/12/07/correction-again/

    In fact "Sita"'s Free license has made the film MORE profitable for me.

    Commerce good. Monopolies bad.

  • On the post: Nina Paley: My Decision To Turn Down Netflix Due To DRM

    Nina Paley ( profile ), 24 Apr, 2010 @ 05:18am

    Re:

    Nina, maybe you want to consider putting a special message at the beginning (end, middle, every 20th frame, whatever...) of Sita Sings the Blues that says it will be removed from Netflix in 1 year if Netflix does not add a DRM free option or when 10,000,000 fans register at some site.

    That would compromise the quality of the film. And I'm not interested in trying to "strong-arm" Netflix: I like Netflix, and I have weak arms. I just want a non-DRM streaming option. Netflix good, DRM bad.

    It's possible Netflix is open to offering non-DRM options, but that the aggregator did not give me access to sympathetic parties because she had no interest in solving the problem. If you're reading this, Netflix problem-solvers, please contact me! I come in peace! Take me to your leader!

    Of course, what would really clinch it would be the source code to SStB.

    "Source files" are here:
    http://www.archive.org/details/Sita_Sings_the_Blues_Files
    We need community help to make these source files more accessible:
    http://www.freesoftwaremagazine.com/columns/save_sita_sings_blues_flash_format_can_you_convert_fla

  • On the post: Nina Paley: My Decision To Turn Down Netflix Due To DRM

    Nina Paley ( profile ), 24 Apr, 2010 @ 05:04am

    Re: you might be hypocritical in this case

    I like Netflix too.

  • On the post: Nina Paley: My Decision To Turn Down Netflix Due To DRM

    Nina Paley ( profile ), 24 Apr, 2010 @ 05:02am

    Re:

    I don't think your morals are compromised. I use all kinds of proprietary crap, like the Mac and Flash software I used to make "Sita" in the first place. As a consumer, I often choose convenience - it's what we consumers do!

    As an artist ("content creator") I was given an unusual opportunity to endorse or refuse DRM'ed distribution of "Sita." You're not in that situation at all.

  • On the post: Nina Paley: My Decision To Turn Down Netflix Due To DRM

    Nina Paley ( profile ), 24 Apr, 2010 @ 04:57am

    Re: Re: Re: Re:

    Indeed, Netflix SHOULD profit! In fact, once they do start offering streams without DRM, they can LEGALLY carry "Sita" without paying me a dime, per the CC Share Alike terms, which ENCOURAGE commercial use. It would be nice if they shared money with me too - my Endorsement has commercial value, as does dealing with artists fairly - but "Sita" demands no additional permissions or revenue sharing to be commercially distributed.

    Commerce good. Monopolies bad. I'm pro-commerce, people.

  • On the post: Nina Paley: My Decision To Turn Down Netflix Due To DRM

    Nina Paley ( profile ), 24 Apr, 2010 @ 04:46am

    Re: Information in the description of the film

    Unfortunately all the transactions went through the aggregator, who had little motivation to solve the problem (and possibly no understanding of the problem - not her department). I asked for a direct contact with Netflix and the aggregator said no - that she was conveying all my requests to them. So don't be too hasty to blame this all on Netflix. The aggregator system adds a lot of noise. It also absorbs a lot of money that could be reaching artists.

  • On the post: Nina Paley: My Decision To Turn Down Netflix Due To DRM

    Nina Paley ( profile ), 24 Apr, 2010 @ 04:40am

    Re:

    Gino, what you write makes a lot of sense - that's why this was a difficult decision for me. I love everything about Netflix's on-demand service except for the compulsory DRM.

    You're especially right that 95% of the world (probably more) has no interest in copying, remixing, or distributing movies they see - they just want to watch them. Which is why DRM is not essential to selling streaming services.

    As many have said, the DRM is on Netflix's service because the studios demanded it, not because it's essential to Netflix's business model. And now here I am, a teeny-weeny micro-studio, "demanding" (not that I have any power) a non-DRM option. Maybe they'll offer it some day!

    Meanwhile, let me be explicit: I like Netflix. I'm very glad they carry my physical DVDs. I'm not trying to launch a protest against Netflix. Protest DRM, sure, but remember Netflix still offers real, physical DVDs for rent - and when you rent "Sita," you can do whatever you want with that DVD, because there's no encryption on it. Just return it in good condition when you're done.

  • On the post: Nina Paley: My Decision To Turn Down Netflix Due To DRM

    Nina Paley ( profile ), 23 Apr, 2010 @ 07:10pm

    Re: Re:

    Ugh, I don't believe in "the right of the creator to determine who does what with their content." Seriously. THAT'S why I oppose DRM. Ironically, in our copyright-by-default world, the most effective way to resist copyright is through copyleft, which restricts peoples' "freedom" to restrict people's freedom. Likewise my resisting DRM is a kind of restriction against restrictions. I wish there were no restrictions at all; there should be no "right" to restrict. But as long as restrictions are the default, restricting restrictions is the closest we can come to not restricting at all.

  • On the post: Should We Allow Consumers To Sell Their Souls?

    Nina Paley ( profile ), 19 Apr, 2010 @ 07:37am

    Re: That fine

    :-)

  • On the post: Modest Success Is Still Success For Indie Bands

    Nina Paley ( profile ), 15 Apr, 2010 @ 06:13am

    Re: Re: Re: Re: mechanical vs. synch rights

    No, it's because they don't know or don't care about synch rights; and that's a GOOD thing. The main enforcement of synch rights is in broadcast, theater, and mainstream distribution: no carrier will allow the work to pass without extensive documentation showing all rights are cleared. Fortunately that is not the case with online video. Anyone can upload anything, and then wait for a takedown notice, if one ever arrives. Infringement-seeking bots are not yet smart enough to recognize creative covers; they match recordings. So videos with creative covers are unlikely to attract notice and get taken down.

    This is a GOOD thing; it allows a lot of art to flourish between the enforcement cracks. But yes, the Pomplamoose videos are violating copyright. If copyright were enforced online the way Big Media wants it to be, there would be no Pomplamoose videos.

  • On the post: Modest Success Is Still Success For Indie Bands

    Nina Paley ( profile ), 14 Apr, 2010 @ 07:06pm

    Re: Re: mechanical vs. synch rights

    I should add that synch licenses, because they're not regulated like mechanical licenses, are phenomenally expensive. Crazy expensive. Rights holders are also under no obligation to grant permission. Their main purpose is to make it impossible for independent producers to function; they're primarily anti-competitive.

    In comparison mechanical licenses are very easy. Rightsholders can't prohibit anyone from making audio covers; payments are regulated and can be made through the Harry Fox Agency. But once you have video involved, you're at the mercy of the monopolists.

    Finally, "covers" don't matter, since synch licenses are for the compositions. You may be confusing them with "master" or "performance" licenses.

  • On the post: Modest Success Is Still Success For Indie Bands

    Nina Paley ( profile ), 14 Apr, 2010 @ 07:00pm

    Re: Re: mechanical vs. synch rights

    Absolutely synch rights apply - to their VIDEOS. Even if you give videos away for free, if you don't pay for synch licenses, you're infringing copyright. That's why I couldn't legally give Sita away for free without paying tens of thousands of dollars - and only after paying costly intermediaries.

    http://en.wikipedia.org/wiki/Royalties#Synchronization_royalties

  • On the post: Modest Success Is Still Success For Indie Bands

    Nina Paley ( profile ), 14 Apr, 2010 @ 04:24pm

    mechanical vs. synch rights

    Good thing they don't know about synch rights. I mean that - if they did, and therefore didn't release their great videos without clearing them, there would be no great Pomplamoose videos. Synch licenses are the devil, and aren't regulated or statutory like mechanicals. They are pretty much impossible for small productions to manage, and are designed to keep independent filmmakers out of the game. Ignoring them entirely really is the only way to release great videos like theirs!

  • On the post: Is Intellectual Property A Violation Of Real Property?

    Nina Paley ( profile ), 14 Apr, 2010 @ 08:05am

    Kinsella / Von Mieses

    Stephan Kinsella wrote about this in Against Intellectual Property, published by the Von Mises Institute. These are libertarians who consider real property sacred, and condemn IP for degrading real property rights.

  • On the post: Copyright Worries Threaten The Best Thing To Come Out Of The New Star Wars Movies

    Nina Paley ( profile ), 14 Apr, 2010 @ 07:09am

    Red Letter Legal Defense Fund

    The Red Letter reviews are among my favorite things on the intertubes. I think Mike Stoklasa could get a good Legal Defense Fund going if he merely asked. To watch his reviews is to love them, and that love means people would come to his defense. I'd contribute, if it came to that.

    I also expect he could easily get a very good pro bono legal team, because such a case would set such an important precedent and garner so much publicity. So fight, Mike, FIGHT!!

  • On the post: Give It Away And Pray: Maybe Not A Business Model, But Still Important For Artists

    Nina Paley ( profile ), 12 Apr, 2010 @ 01:32pm

    Re: Re: Question for Nina

    Well, you can negotiate with me to use the Creator Endorsed Mark:
    http://questioncopyright.org/creator_endorsed

    And you can get the .fla source files here:
    http://www.archive.org/details/Sita_Sings_the_Blues_Files

    Basically you can do whatever you want with "Sita", without my permission, but Endorsed projects have a competitive advantage in the marketplace.

  • On the post: Give It Away And Pray: Maybe Not A Business Model, But Still Important For Artists

    Nina Paley ( profile ), 12 Apr, 2010 @ 12:18pm

    Re:

    No. Wrong. Try again.
    http://blog.ninapaley.com/2009/12/07/correction-again/

  • On the post: Universal Music Funds Yet Another 'Educational' Propaganda Campaign Against File Sharing

    Nina Paley ( profile ), 27 Mar, 2010 @ 06:48pm

    Re:

    Hahahahahaha!! I might have to "steal" that, AC!

  • On the post: Student Punished For Facebook Study Group Files $10 Million Lawsuit

    Nina Paley ( profile ), 23 Mar, 2010 @ 02:04pm

    education

    The school taught him well.

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