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As we approach the 86th Academy Awards, predictions for who will win, who got snubbed, and what antics to expect from second-time host Ellen DeGeneres are all topics on viewers’ minds. From the perspective of major film studios and regulators like the MPAA though, a different concern still hangs in the air that begs reflection: anti-piracy efforts. I want to look at what has happened in the last few years with attempts to thwart illegal movie uploads and downloads, and re-evaluate the current situation. Is anti-piracy legislation cooling down? Also, let’s just appreciate the coincidence that the host of the Oscars was partly responsible for a movie leak this year.
Does the Punishment Fit the Crime?
When the Copyright Act of 1976 was passed, legislators had no way to predict the scope of movie consumption over the next four decades. The internet changed everything, and made it especially easy for anyone with access to a digital movie file (available in many formats) and some time on their hands (much less time today) to upload copyrighted movies. It is a misdemeanor, punishable by a hefty fine and a year in jail to upload and stream a copyrighted movie without permission. On the other end, when a user downloads a film on a P2P or file-sharing site, the FBI threatens up to 5 years in prison and a $250,000 dollar fine. Guilty downloaders can be found by a simple trace of their IP address.
They mean business.
Who Comes Knocking?
In a joint effort against piracy, the FBI and Homeland Security Investigations unit teamed up to create the Intellectual Property Rights Coordination Center to focus on enforcing pirated goods. According to the IPR Center 2011 Report, a voluntary agreement was finalized among AT&T, Comcast, Cablevision, Verizon, and Time Warner Cable, the MPAA, and IFTA movie studios to reduce piracy. This is how it works if you are suspected of pirating movies:
- ISPs notify you through a series of alerts (usually threatening letters)
- After six alerts, the ISP has the right to temporarily affect the user experience (slow connection speeds and block certain domains) in an “educational” manner
- Prosecution is pursued on a case-by-case basis, with priority to fight high-profile websites (NinjaVideo or MegaUpload come to mind, with an occasional unlucky soul
Legislation is Futile
Even after up to $75 million spent enforcing piracy in 2009 and another $5 million approved to hire 16 new employees to focus on intellectual property issues in 2013, the MPAA and the US government have lost a lot of steam. It was highly publicized that the SOPA and PIPA bills introduced to Congress in 2012 died after a massive opposition campaign led by Google Inc., Wikipedia and other Internet giants that viewed the laws as an unwarranted intrusion on Internet freedom. Downloading movies has become so common that Chris Dodd, CEO of the MPAA recognized the lessons learned:
Having a brawl in Congress doesn’t make a lot of sense…I’m looking for a much different approach.
Even more interesting is the fact the MPAA now lists on their website over 70 different sources online where you can find your favorite movies and TV shows online.
Scott Olson, Getty Images
Technology Helps Decrease Content Theft
It’s become very apparent that studios, law enforcement agencies, and government task forces cannot fight piracy with legislation or threats. Piracy is cheap and it’s easy for anyone to do. Accept that piracy will happen because of this fact, and take a technological approach instead as a main means of curbing it. Offer an alternative to piracy that is cheap and easy. Rethink distribution methods with more secure mobile solutions as users switch to new devices. Above all, have fun and bask in the fact that it is possible to view content anywhere, on any platform, at any time. And that content control does not make you one of the bad guys.
Do you think Congress has officially given up? Perhaps you have some Oscar predictions. Whatever the case, let me know in the comments below. Mediafly has been focusing a lot on anti-piracy this month. Mobile dailies, the anatomy of a movie leak, and an upcoming infographic are all centered around smart content distribution.
Make sure to check out our most recent Oscar blog, on how studios can best prepare themselves to prevent movie leaks.
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