4 November 2004. Cryptome welcomes information and documents from anybody who is threatened or sued by the MPAA. Don't be bluffed or initimidated. Send material to:
Cryptome Administrator: John Young
E-mail: jya@pipeline.com
Tel: (US) 212-873-8700
Fax: (US) 212-787-6102
Mail: 251 West 89th Street, New York, NY 10024
Let defenders of MPAA's assault listed below know what you think.
http://www.mpaa.org/CurrentReleases/IsThisYou_Ad.pdf
http://www.mpaa.org/CurrentReleases/2004_11_04_PressRelease.pdf
MOTION PICTURE ASSOCIATION OF AMERICA
WASHINGTON OFFICE • 1600 EYE ST. , NW • WASHINGTON, DC 20006 • (202) 293 - 1966
LOS ANGELES OFFICE • 15503 VENTURA BLVD. • ENCINO, CA 91436 • (818) 995 - 6600
For Immediate Release
Nov. 4, 2004
CONTACT:
MPAA Washington DC
Public Relations Office
(202) 293-1966
MPAA Los Angeles
Public Relations Office
(818) 995-6600
Governor, Legislators, Studio Executives, Union Leaders, Filmmakers and
Others
Back Movie Industry in Actions Against Traffickers
LOS ANGELES - The Motion Picture Association of America, Inc. today announced its lawyers will expand the MPAA’s campaign to prevent film piracy, working with its members and other film studios to file lawsuits against people who have illegally traded digital copies of movies over the Internet.
“Illegal movie trafficking represents the greatest threat to the economic basis of moviemaking in its 110-year history,” said MPAA President and CEO Dan Glickman, who was joined during the announcement by studio executives, union leaders, filmmakers and others. “People who have been stealing our movies believe they are anonymous on the Internet, and wouldn’t be held responsible for their actions. They are wrong. We know who they are, and we will go after them, as these suits will prove.”
The studio lawsuits were announced at the renowned School of Theater, Film and Television at the University of California, Los Angeles, one of the nation’s great training grounds for future filmmakers, whose ability to pursue their careers is threatened by the impacts of piracy. As well, UCLA has been a leader nationwide in efforts to clamp down on improper use of campus resources, implementing forward-thinking policies and technologies that quarantine traders of illegally copied movies and music, restricting their Internet access until offending material is removed from their computers. The University of California system as a whole has partnered with the MPAA and its member studios, sharing information on illegal file-sharing trends and indicators, developing policy recommendations and testing pilot projects.
A recent federal interagency report estimates that counterfeit and pirated goods, including those of copyrighted works, cost the American economy $250 billion a year. In response to the report, the U.S. Justice Department and other federal agencies have committed to increased law-enforcement and prosecutorial efforts against pirated and counterfeit goods. The MPAA estimates “hard goods” movie piracy costs the film industry $3.5 billion a year. That total does not include losses from hundreds of thousands of illegal downloads swapped over the Internet each day.
“We all know that digital distribution is the wave of the future, and the studios have all supported legal download services in various ways,” Glickman said. “But we cannot allow illegal trafficking to derail legitimate new technologies that provide consumers with affordable, convenient access to high-quality movies on the Web. Trading a digital file of a movie online without paying its owners is no different than walking into a store and shoplifting a DVD.”
California Gov. Arnold Schwarzenegger, a member of both the Screen Actors Guild and the Directors Guild of America, endorsed the announcement, which meshes with his own recent initiatives against illegal file-swapping.
“I applaud the decision by the MPAA and its member companies to take strong action,” Gov. Schwarzenegger said, “and I join the U.S. Department of Justice, the State of California, the recording industry and others in making sure that people use the great promise of the Internet responsibly and ethically, and that motion pictures remain an important part of California and the nation’s economy in the decades to come.”
The governor recently signed a bill making it a misdemeanor to swap movies or music online without revealing the trader’s e-mail address. The governor also issued an executive order banning the use of state resources, including computers and Internet access, to illegally swap copyrighted material.
“The movie industry has contributed immeasurably to California’s economic strength,” said Schwarzenegger. “It has also helped many of my own dreams come true. We cannot let illegal movie piracy continue or it will cripple this important industry and seriously hurt California’s economy. We must teach our children that the illegal downloading of movies and music is wrong, and that it has consequences.”
The creative industries – including book publishing, music, video, television and movies – are the single largest sector of the U.S. economy, generating more than 5 percent of American gross domestic product. The copyright industries also comprise the only U.S. industry sector to run a trade surplus with every other country in the world.
“Our members are the artists who conceive and create entertainment content consumed by millions of people around the globe,” said Daniel Petrie Jr., president of the Writers Guild of America, West. “Online piracy takes income directly out of real people’s pockets.”
“IATSE represents many of the nearly 1 million people whose livelihoods depend on the work they do in many roles behind the camera for the movie business,” said Thomas C. Short, international president of the International Alliance of Theatrical Stage Employees.
“People who steal films online threaten the economic security of these master craftsmen, technicians and artisans and their families. Their work and creative efforts deserve to be protected.”
For decades, the MPAA has staunchly fought piracy in many forms, facing both the challenges and the opportunities of new technologies and movie formats, whether on celluloid, television, satellite, cable TV, videocassettes, DVDs or online. This latest enforcement step will help ensure a bright future for movies in the digital era.
Lawsuits will be filed against individual file-swappers across the country beginning Nov. 16 by MPAA member companies. The civil suits seek damages and injunctive relief. Under the Copyright Act, statutory damages can be as much as $30,000 for each separate motion picture illegally copied or distributed by an individual over the Internet, and as much as $150,000 per motion picture if such infringement is proven to be willful.
“Filing suit against movie thieves is our latest step in a wide-ranging, multi-pronged antipiracy effort, but far from our first,” Glickman said. “But file-swapping is a viral threat that we must bring under control now. File traders must realize that bad things happen when you steal copyrighted material. These lawsuits are just one of those bad things.”
The studios have embraced the digital era on many fronts while confronting its challenges. Those efforts have included building public awareness and expanding and supporting legal online movie services such as MovieLink, CinemaNow and Moviebeam.
And film fans already can see movies in many different ways, for many different prices, in many different settings, ranging from theatrical releases in a state-of-the-art cinema to DVDs and VHS tape sales and rentals to video-on-demand services, pay-cable and free broadcast TV offerings.
Contacts Available for Comment on MPAA Announcement
California Gov. Arnold Schwarzenegger
“The movie industry has contributed immeasurably to California’s economic strength. It has also helped many of my own dreams come true. We cannot let illegal movie piracy continue or it will cripple this important industry and seriously hurt California’s economy. We must teach our children that the illegal downloading of movies and music is wrong, and that it has consequences. I applaud the decision by the MPAA and its member companies to take strong action, and I join the U.S. Department of Justice, the State of California, the recording industry and others in making sure that people use the great promise of the Internet responsibly and ethically, and that motion pictures remain an important part of California and the nation’s economy in the decades to come.”
Daniel Petrie Jr.
President
Writers Guild of America, West
“Our members are the artists who conceive and create entertainment content consumed by millions of people around the globe. Online piracy takes income directly out of real people’s pockets.”
Thomas C. Short
International President
International Association of Theatrical Stage Employees (IATSE)
“IATSE represents many of the nearly 1 million people whose livelihoods depend on the work they do for the movie business. People who steal films online threaten the economic security of these master craftsmen, technicians and artisans, stagehands and their families. Their work and creative efforts deserve to be protected.”
Christopher Ruhland
Copyright Lawyer
Orrick, Herrington & Sutcliffe
Phone: (661) 803-4143
“The legal merit of these cases are beyond question. Every court that has looked at this issue has reaffirmed that those who engage in the unauthorized mass distribution of copyrighted files - - whether online or off - - are engaging in copyright infringement. Case closed."
Lon Sobel
Editor, Entertainment Law Reporter
Distinguished Scholar, Berkeley Center for Law and Technology
Phone: (310) 829-9335
“These lawsuits are unfortunately something that the motion picture industry must pursue, as unpleasant as litigation is, in order to make people take seriously the notion that they are infringing copyrights.”
Dr. Parry Aftab
Child Safety Advocate/Cybersecurity Lawyer
Mother
Phone: (201) 670-7250
Cell: (201) 463-8663
“The MPAA had no choice. After deploying a vast public-awareness campaign, working with universities, grammar schools, teachers and parents, some kids still don’t understand that movie downloading can be harmful, dangerous and illegal. It’s important that we as parents teach our children to use that filter between their ears and be good cybercitizens. Just because they can download copyrighted movies does not mean they should. We need to teach them to use technology responsibly and legally.”
Dr. Norbert Michel
Policy Analyst
Heritage Foundation Center for Data Analysis
Phone: (202) 608-6218
Cell: (504) 913-1292
Email:
norbert.michel@heritage.org
“Copyright owners should be able to protect their intellectual property against digital theft. There have already been a number of lawsuits against heavy users of P2P systems. These lawsuits can and should be pursued vigorously.”
James DeLong
Senior Fellow
Progress and Freedom Foundation
Phone: (202) 289-8928
“Why should anyone invest in legitimate digital entertainment services if they will be forced to compete with free – a sure road to bankruptcy? Stern legal enforcement is necessary to signal to potential investors that the movie industry is serious about supporting efforts to create legitimate channels.”
Professor Edward Gac
Professor of Law and Former IRS Attorney
University of Colorado at Boulder
Phone: (303) 492-5160
Email: edward.gac@colorado.edu
“Internet theft is like tax evasion. The only way to stop it is to forcefully deter with real legal consequences. Few people cheat on their taxes because they are afraid of being caught and prosecuted. Today the film industry is sending a similar message by beginning to file lawsuits against illegal movie traffickers. Like tax evaders, Internet property theft hurts more than just the culprits-- they hurt other members of society at large and the film industry in particular.”
Bo Andersen
President and CEO
Video Software Dealers Association
Phone:(818) 385-1500
“Theft of movies over the Internet impacts not only Hollywood, it hurts local businesses in every community in America. VSDA estimates that illegal downloading of movies is currently costing each video store in America, on average, more than $10,000 per year. Internet-based theft of movies is more serious than shoplifting, which virtually everyone regards as morally wrong and illegal. Those who flout our nation's laws by engaging in unlawful file-sharing of movies must be held accountable for the harm they inflict."
Additional Resources
David Israelite Phone: (202) 514-2008
Chairman
U.S. Department of Justice
Intellectual Property Task Force
John Fithian Phone: (202) 962-0054
President & CEO
National Association of Theater Owners
Adam Thierer Phone: (202) 789-5211
Director of Telecommunications Studies
CATO Institute
Email: athierer@cato.org
The Motion Picture Association of America is the leading voice and advocate for the American motion picture, home video and television industries. Its members include Buena Vista Pictures Distribution, Sony Pictures Entertainment Inc., Metro-Goldwyn-Mayer Studios Inc., Paramount Pictures Corporation, Twentieth Century Fox Film Corporation, Universal City Studios LLLP and Warner Bros. Entertainment Inc. More information on piracy is available on the MPAA web site at www.mpaa.org
###
New York Times, November 4, 2004
By LAURA M. HOLSON
LOS ANGELES, Nov. 3 - The trade group that represents Hollywood's major motion picture studios is expected to announce on Thursday that it intends to file as many as 230 lawsuits in coming weeks against individuals who have illegally shared copyrighted movie files over the Internet, according to two people involved in the proceedings.
It would be the first time that the Motion Picture Association of America, which represents the major studios, including Warner Brothers Pictures, Sony Pictures Entertainment and Paramount Pictures, has sued individuals for sharing files, one of the people said. Potential targets of the lawsuits have not received warnings, the people said.
Some studios hope to settle the disputes before they become public.
By putting Internet users on notice that they face fines or other stiff penalties for offering movies for others to download, the industry hopes to thwart the same problems that plagued the recording industry three years ago when executives did not respond quickly enough to the threat of piracy.
Then music companies saw sales decline as people swapped music over the Internet, openly defying calls from the industry to stop. The Recording Industry Association of America later filed suit against thousands of individuals, setting off something of a backlash among consumers.
Rich Taylor, a spokesman for the Motion Picture Association of America, declined to comment on any action against file sharing that the organization might be considering. But the movie studios have tried to be more proactive recently in discouraging piracy, sponsoring classes in grade schools and running antipiracy messages in movie theaters.
According to one of the people involved in the suits, the association has been collecting evidence for some time in an effort to build strong legal cases. Still, one studio executive who asked not be identified said the industry "has not moved quickly enough."
The association has planned a news conference on Thursday where the association's new chief executive, Dan Glickman, will disclose the movie industry's plans, according to a news release distributed on Wednesday.
Several executives, educators and labor leaders are expected to attend.