Comments on: You Can’t Stop File Sharing, But You Can Kill Your Brand By Trying

By: Why Jim is Right About File Sharing ~ Web Wahala

Why Jim is Right About File Sharing ~ Web Wahala — Thu, 22 May 2008 03:50:22 +0000

[...] Monday, August 27th, 2007 by Ms. Wahala Jim Kukral wrote a post about file sharing, and brings up an important point, illustrated in the title “You Canâ€™t Stop File Sharing, But You Can Kill Your Brand By Trying.” [...]

By: Ben

Ben — Sat, 10 May 2008 08:54:02 +0000

File sharing will continue forever, how do I know this? Its simple, they’ll come up with new ways to share music/movies/etc. Basically to be perfectly blunt, you can’t kill file sharing without completely killing the internet. Its just that simple.

By: Jonathan Bailey

Jonathan Bailey — Thu, 30 Aug 2007 18:47:49 +0000

The problem with the FEaCA is that it, like the anti-circumvention protocols in the DMCA, do not have exemptions carved out for fair use. It’s frustrating and unfair. But it is the law. A fair use defense might protect the copy of the work, but it doesn’t protect the method of copying if it is done via camming or via circumventing DRM. It’s a it like saying that you are free to use someone’s car, but you can’t hotwire it and you can’t have the keys.

I don’t agree with what they did to this girl at all, I want to make that clear. If I had been the theater owner I would have handled it much differently. But it seems to follow the letter of the law, if not the intent.

By: Yehuda Berlinger

Yehuda Berlinger — Wed, 29 Aug 2007 19:52:40 +0000

Jonathan,

Thanks for the info. I took a look at the FEaCA and it does look pretty stringent, but I can still see Fair Use as a reasonable argument. In order for there to be a conviction under this act, you have to attempt to or make a copy of a motion picture or portion thereof. The same language is used in other sections of the copyright code.

Notwithstanding this, the fair use clauses say that small portions may nevertheless be copies for fair use purposes. I am not a lawyer, but I could certainly see it argued that copying with a DVD, with a video camera in a theater, or any other means, is still simply copying, and therefore fair use would apply.

Note that they have to actually find evidence of infringement on your camera device, or prove that you were attempting to infringe. Copying for fair use is not infringement.

Anyway, as I said, I’m not a lawyer. I’m only saying that Jim’s original assertion that what the person did is definitively illegal is not so clear to me.

Yehuda

By: Jonathan Bailey

Jonathan Bailey — Wed, 29 Aug 2007 16:22:14 +0000

Actually, that’s where you’re wrong. Recording a film in a theater was made illegal by the Family Entertainment and Copyright Act of 2005. It is actually classified as a felony. This wasn’t a mere case of a movie theater policy, there is a Federal law here that prohibits this, rightly or wrongly. See this article for more info:

http://www.washingtonpost.com/wp-dyn/content/article/2007/08/01/AR2007080102398.html

By: Yehuda Berlinger

Yehuda Berlinger — Tue, 28 Aug 2007 15:11:36 +0000

Jonathan,

In that case, it was no more “illegal” than bringing in outside food to the movie theater. It simply violated the rules of the establishment, for which their only recourse is to ask you to leave.

Yehuda

By: Jonathan Bailey

Jonathan Bailey — Tue, 28 Aug 2007 13:47:53 +0000

Yehuda: Actually the legal issue with what she did was not necessarily copyright itself, otherwise the fair use argument you mentioned might have merit, but that recording a movie from inside a movie theater is, in and of itself, illegal. That’s actually what this case is about, at least in the legal sense.

By: Tinu

Tinu — Mon, 27 Aug 2007 17:25:01 +0000

The film industry needs to be smarter about the entire dialogue, and be at the forefront to change the laws to yield some control over their product for one reason – a better approach could lead to an Increase in profit. I’m going to write about this over at Lockergnome. :) You just made my day productive.

By: Yehuda Berlinger

Yehuda Berlinger — Mon, 27 Aug 2007 06:22:53 +0000

Itâ€™s irrelevant because what she did was illegal. Thereâ€™s no way around that.

Uh, not really. It could easily be argued that 20 seconds of copying of a film in order to criticize, demonstrate, or review it is fair use. Just because the film industry doesn’t permit you to do it doesn’t make it illegal.

She may simply have been violating the policies of the movie theater, which, as a private enterprise, can make whatever rules they want about their premises.

Yehuda