MPAA is accused of piracy

MPAA is accused of piracy
The Motion Picture Association of America (MPAA) has amusingly been accused of piracy for making an unauthorised copy of a documentary that was submitted for a rating. The documentary, "This Film Is Not Yet Rated", explores how the MPAA rating system works, and questions some issues such as whether there are stricter standards for rating explicit depictions of sex than for gruesome violence and whether independent films are rated more harshly than studio films. The MPAA admitted to making the copy of the movie, which was viewed by the MPAA President Dan Glickman.

Although while the trade organisation has in fact admitted to copying the movie without the filmmaker's permission, it denies that it broke copyright laws and accuses movie director Kirby Dick of exploiting the situation as a publicity stunt. Dick said he was "very upset and troubled" to discover that the MPAA had copied the film from a digital version he submitted for a rating. His lawyer, Michael Donaldson, has demanded that all copies of the film be returned and an explanation of how this unauthorised copy was approved.



The MPAA has defended itself by accusing Dick of invading the privacy of its movie raters. "We made a copy of Kirby's movie because it had implications for our employees," said Kori Bernards, the MPAA's vice president for corporate communications. She accuses Dick of spying on members of the MPAA's Classification and Rating Administration, even going through their garbage and following them as they drop their kids off at school.

"We were concerned about the raters and their families," Bernards said. She said the MPAA's copy of This Film Is Not Yet Rated is locked away, and is not being copied or distributed. Donaldson claims that the MPAA had previously promised to not make any copies of the movie, but an email exchange doesn't fully support that claim. When Dick asked that no copies be made, an MPAA representative replied and said "the confidentiality of your film ... is our first priority. Please feel assure (sic) that your film is in good hands."

Dick claims the MPAA's accusations are false, and that his film crew had acted appropriately in tracking down the anonymous members of the ratings board and even if he didn't follow the rules, he didn't know how that allows somebody else to break the law. Donaldson said he had no plans to sue the MPAA for copyright infringement, but it could be a possibility in future. "It's my practice and style to wait and see what they do, go over all of our options, and then make a decision," he said.

As for the MPAA's claim that it hasn't broken the law, Bernards did elaborate further. "The courts recognize that parties are entitled to make a copy of a work for use as evidence in possible future proceedings," she said. The MPAA has not yet taken any legal action against Dick, they had previously called the police to report that movie raters were being stalked. They had no idea they were being filmed as part of a documentary.

This Film Is Not Yet Rated was rated NC-17 for "some graphic sexual content," a rating upheld after Dick appealed.



Source:
Calendarlive.com


Thanks to Daniel_G for News Submission

Written by: James Delahunty @ 24 Jan 2006 23:05
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  • 56 comments
  • andmerr

    see they make the laws to suit themselves no wonder every one is bewildered at how they act, like to see them get prosecuted for a change

    25.1.2006 02:32 #1

  • mystic

    ok so dick let me assure you your in good hands.... oh my god..... that was to easy and way funnier then the facts ... they bootlegged the movie and he should sue so in court some day someone can say thease word" sir or madam I would like to quote "dick vrs the mpaa"... ok sorry but what a refrence that will make who does the MPAA tink they are? oh I forget they are now writing our laws or is this the down fall of it all? some one should take dicks case pro-bono and see where it goes you know get a feel for it.....

    25.1.2006 03:42 #2

  • Bubba1982

    Go son. Take em' for all they're worth!!!

    25.1.2006 04:26 #3

  • esrever

    This is the most amusing thing I've read in a very long time. Stupid company executives playing grabass, with a huge, fat slab of irony slammed down on the table as well.

    25.1.2006 04:30 #4

  • Shinraboy

    where can i get this documentary?

    25.1.2006 05:27 #5

  • myndphuk

    You are on the internet, where the hell do you think you can get it?

    25.1.2006 06:15 #6

  • ireland

    original story see if this can help ye find what ye are looking for.

    6:08 AM PST, January 24, 2006
    MPAA finds itself accused of piracy
    PARK CITY, Utah — The Motion Picture Assn. of America, the leader in the global fight against movie piracy, is being accused of unlawfully making a bootleg copy of a documentary that takes a critical look at the MPAA's film ratings system.

    The MPAA admitted Monday that it had duplicated "This Film Is Not Yet Rated" without the filmmaker's permission after director Kirby Dick submitted his movie in November for an MPAA rating. The Hollywood trade organization said that it did not break copyright law, insisting that the dispute is part of a Dick-orchestrated "publicity stunt" to boost the film's profile.
    http://www.calendarlive.com/printedition/calendar/qtakes/cl-et-mp...

    25.1.2006 07:12 #7

  • GrayArea

    "The MPAA admitted Monday that it had duplicated "This Film Is Not Yet Rated" without the filmmaker's permission..."

    "The Hollywood trade organization said that it did not break copyright law..."

    The MPAA says, "It's legal for US to copy movies, but not YOU".

    Oh, and the MPAA NEVER engages in publicty "stunts"...

    25.1.2006 07:50 #8

  • Mik3h

    Aye, seen someone mention this on the forums, I say they sue.. look at what they've done to everyone else..

    -Mike

    25.1.2006 07:56 #9

  • A_Klingon

    Quote:original story see if this can help ye find what ye are looking for. Ireland! How are ye ??

    I be back!!!


    25.1.2006 08:08 #10

  • Ne007

    I hope others follow in their footsteps.

    Copyright your work and catch the RIAA/MPAA/Mediasentrys downloading your work.....sue them with their own laws.

    25.1.2006 09:43 #11

  • S2K

    "Copyright your work and catch the RIAA/MPAA/Mediasentrys downldading your work.....sue them with their own laws."


    RIAA/MPAA never sued for downloading.

    25.1.2006 11:55 #12

  • andmerr

    sue them thats not possible, they change the laws and make excuses to suit them selves..............

    25.1.2006 12:38 #13

  • Mik3h

    Wb Mike!

    That's true, 'tis disgraceful. It's just... so frustrating that nothing can be done about it..

    -Mike

    25.1.2006 13:55 #14

  • jacsac

    I dont think any of this going to matter. You are only allowed to be sued not to fight back. He can try but there will be an excuse why his case is dismissed, after all its been paid for. As you know you get what you pay for..

    25.1.2006 17:35 #15

  • Rikoshay

    Curiosity killed the power-hungry corp. I find it completely hilarious that the movie has been rated NC-17. I seriously doubt that the people he was "stalking" were also in an episode of "Cheaters", but I digress. It must have been used to point out what he tried to show, how vulgar violence gets a lower rating than a natural act.

    Another example of the "cover-your-@$$" technique used in an unlawful transaction. Once someone turned the tables on them, they call foul and prepare "damage-control".

    The complete irony of the whole thing. I bet you that "e-mail" has been hacked 100 times over by now.

    So, how is the MPAA going to handle this one? Are they going to sue themselves? Or are they going to settle out of court, "Okay, we'll keep your movie intact, and we'll sue all the people who have a copy of your movie, but you have to give each of our employees $10,000 each for every frame you have them on film."

    I hope this escalates to the point that the MPAA finally gets what they deserve, a huge slap in the face, and permanent closure woudn't be bad either.

    25.1.2006 17:49 #16

  • Neviar

    Let this day be a national holiday and download twice as much as you usually do!

    25.1.2006 18:35 #17

  • PirateDan

    Boy if this isn't the best story of the year so far.
    Don't you just love the fact that they get to feel how it is to be the one getting the shaft. And no less from a guy named Kirby Dick.
    Mr. Dick here you can use my hammer to nail them to the cross.

    25.1.2006 19:07 #18

  • jmaestro

    Can anyone confirm that the media copied was a DVD with anti-copy protection? If so, this is a violation of federal law, and anyone can demand an investigation; the enquiry doesn't have to be sourced from the copyright owner (since violating the DMCA isn't merely a copyright issue).

    <i>"The courts recognize that parties are entitled to make a copy of a work for use as evidence in possible future proceedings,"</i>
    While this may be the true, the copy wasn't fundamentally made to be brought forth to a case, it was made to be watched by Dan Glickman.

    Even if the MPAA is aware of and relies upon legitimate free use, then they themselves don't truly advocate their claims. At the end of the day it is a matter of trust; the MPAA trusts themselves, but they don't trust anybody else. This is a grossly unfair and a selective application of copyright law.

    25.1.2006 20:58 #19

  • andmerr

    well i think they just blew themselves out of the water with the trust issue..........

    25.1.2006 21:58 #20

  • weazel200

    you can't sue them as they'll just get the best damn lawyer money can buy. the public are in a no win situation.

    25.1.2006 23:35 #21

  • Rikoshay

    http://www.netflix.com/MovieDisplay?movieid=70043954&mqso=70002140&trkid=129129

    Now, if someone can get their copy, then we can all distribute it all over the world! LOL

    26.1.2006 00:05 #22

  • davidw001

    I hope they burned it on Memorex.... LOL!

    26.1.2006 06:09 #23

  • Ne007

    "RIAA/MPAA never sued for downloading."

    You would need to have someone post your copyrighted work on a bittorrent site....that way if the RIAA/MPAA/Mediasentry is caught downloading your work, then they would also be guilty of uploading. That is a given with bittorrent.

    That would be proof enough that they caused massive damages by making the file available to millions of people.

    26.1.2006 06:51 #24

  • dufas

    Any movies that I may copy/download is really just a publicity stunt designed to bring attention to the movie itself, so, if the MPAA sues me, they will be suing one of their publisists and therefore harming themselves....

    This has about as much logic as the MPAA uses anytime they defend their own unscruplious actions.

    I place the MPAA on the same low rung as the politicians occupy which is lower than a used car dealer...At least one gets 'something' from a used car salesman.....

    26.1.2006 15:22 #25

  • bluedogs

    Well Well Well What can u say....

    YOU MORONS no wonder people dont listen to you


    In defence of the MPAA

    The law in this case would be

    DO AS WE SAY NOT AS WE DO

    IDIOTS

    26.1.2006 15:38 #26

  • S2K

    "The courts recognize that parties are entitled to make a copy of a work for use as evidence in possible future proceedings,"
    While this may be the true, the copy wasn't fundamentally made to be brought forth to a case, it was made to be watched by Dan Glickman.

    more to the point the unless the entity making the copy [the MPAA] actually odes go forward with a suit, they are claiming a barn door sized opening in copyright protection.

    The MPAA is stating that a person who would NOT be party to the suit can make a copy.
    2) the suit never need be filed or have any merit, i.e it can be the most spurious and facile justification.

    pretty much the MPAA is stating I can copy "Flightplan" to store in as evidence in a suit I might consider but never file if I believe a character on the plane in the film looks like me. I do not need to prove any merits in my belief -- only assert that I have it.

    26.1.2006 15:45 #27

  • Askar

    Cool, so according to the MPAA themselves we can all copy all of our DVDs as long as we might someday file a lawsuit against someone with the film as evidence. I think anyone can make as good a case as the MPAA that any film is just as likely to be used as "evidence" as that documentary. I don't think it's illegal in any way to follow someone and film them in public.

    26.1.2006 16:11 #28

  • toxlabrat

    this is such a joke! the freakin' MPAA has their goon squad out smacking around grandmothers, claiming "it's business", and when someone reverses it on them they scream bloody murder. typical bully tactics. go dick go!

    26.1.2006 16:29 #29

  • out2kyl

    i just realised this then. even though this would never happen but what if these stupid companies did manage to stop piracy. that means that they have no more lawsuits which means no more money. these companies need people like me to even have a business. sorry if this is the wrong place to post this i just figured t out when i was reading this and i wanted to stick it on. lol

    26.1.2006 18:40 #30

  • dufas

    Many large companies work in the same way...

    There was an expensive power tool missing from the tool bin at one of the places that I had once worked. The management looked up the record of the last person to use the tool, accused him of stealing and fired him. The next monday, I had to go to the office to get some blueprints and overheard the managers talking. The tool had been returned, it was 'borrowed' by one of the managers who had taken a few personal days off the week before and brought the tool back when he came in. All the managers were laughing about the mistake and the 'firing ' of the guy that worked in the shop. They thought it was one of the funniest things that has happened in months. They didn't even refer to him as a person, they called him 'one of the bodies...'

    Most company people that I have come across can care less about the average person, they are beneath them.

    26.1.2006 19:08 #31

  • YOBUZZB

    @ DUFAS

    Of course, you told someone in authority, what you heard right? You pursued this until the guy got his job back right? You, at least, testified on his behalf when he sued for wrongful termination and loss of benefits and wages, right? You called the local newspaper and told them the story, right?

    My point is that all it takes for bad things to succeed, is for good men do nothing! That's a quote!

    The RIAA/MPAA will do as they please as long as we are silent! Posting our little wise-cracks on this site and others, doesn't stop them. Until we send them a clear message with one voice, they'll do what they damn well please. I bought it. It's mine. You can't tell me what I can and can't do with my property. I'll copy it as many times as I damn well please!

    26.1.2006 21:04 #32

  • YOBUZZB

    @ DUFAS

    Of course, you told someone in authority, what you heard right? You pursued this until the guy got his job back right? You, at least, testified on his behalf when he sued for wrongful termination and loss of benefits and wages, right? You called the local newspaper and told them the story, right?

    My point is that all it takes for bad things to succeed, is for good men to do nothing! That's a quote!

    The RIAA/MPAA will do as they please as long as we are silent! Posting our little wise-cracks on this site and others, doesn't stop them. Until we send them a clear message with one voice, they'll do what they damn well please. I bought it. It's mine. You can't tell me what I can and can't do with my property. I'll copy it as many times as I damn well please!

    26.1.2006 21:05 #33

  • sammorris

    The do aswesayandnot aswe doapproach is allvery well, but if you break the law, you break the law, and that's the end of that!

    26.1.2006 22:54 #34

  • bluedogs

    true im not saying they are right hell there government funded and therefore will have the attitude of do as we say not as we do like just about any government dept.

    26.1.2006 23:25 #35

  • adg

    Intrestingly enough I put I dvd / film database on ebay, it was to run in Access 2000. I was not selling Access but a blank database for users to enter there own collections. Within that database I had included links to dvd sites, LEGAL dvd sites such as play.com and others. I listed it as including weblink to these sites, all LEGAL, the MPAA had my ebay account closed because they claimed it infringed copyright. They made an incorrect assumption about the links. I took a look at the MPAA web site and following links from that site within sceonds I had links to download DivX movies. I sent them an email asking about the legality but heard nothing back so I took a look at the site again the DivX link had gone but there was still a link to download movies through P2P, they wont respond to my emails asking about it, also from the site you get a link direct to dvd copy software that will bypass cess... One rule for one and one for the rest of us. They wont even answer my emails....
    Ady

    27.1.2006 00:48 #36

  • sammorris

    I wonder why... LOL

    27.1.2006 00:58 #37

  • dufas

    YOBUZZB said...."@ DUFAS

    Of course, you told someone in authority, what you heard right? You pursued this until the guy got his job back right? You, at least, testified on his behalf when he sued for wrongful termination and loss of benefits and wages, right? You called the local newspaper and told them the story, right?"

    First, It was the upper management that was joking about the situation......

    Second, the guy that was fired was informed and he didn't want to do anything about it......

    Third, Management has no clue...Everyone sort of gave management the cold shoulder, some guys even told management how they felt about the situation and management didn't seem to understand the ethics involved. The higher-ups thought that employees were making a big deal out of nothing..

    Fourth, The work was the type that has lay-offs every few weeks. We would be off work for a week or so and then another job would come in and everyone would come back to work. After the 'stolen tool' incident, people that were laid-off found other jobs and never returned to that company, myself included. Since many key people found work elswhere and the company's reputaion grew as to what they thought of employees, many of the managers had to do the work themselves. To make a long story short, that one 'tool' fiasco cost the company millions, they gained a bad reputation not only with the working people but also with their customers because the management could never finish a job on time. The local shop closed around three years ago...

    Sort of like the thinking of the MPAA...Screw as many customers as they can and then cry that business is going down.......

    27.1.2006 06:25 #38

  • Necronomx

    Poetic justice, I like it!!

    27.1.2006 07:13 #39

  • skaroonie

    funny stuff. the association that is trying to band torrents is accused. i laugh in their faces :P

    27.1.2006 10:33 #40

  • sammorris

    You mean you haven't been doing that already?

    27.1.2006 13:17 #41

  • YOBUZZB

    @ DUFAS

    I appreciate the elaboration and I stand corrected. In short, you all did something about it! Word of mouth is a powerful thing in a community!

    27.1.2006 16:01 #42

  • Tokijin

    The case got thrown out because they burned it to CMC Mag media and it wouldn't boot in the Judge's DVD player lol.

    27.1.2006 22:30 #43

  • sammorris

    Lol indeed!

    28.1.2006 01:24 #44

  • spiesfan

    funny

    28.1.2006 06:44 #45

  • Jlhfit

    I copied Spiderman, cause damn it, he has the same powers as me! I may sue them biotches one day for making a movie bout my life, exposing my secret and putting my family into harms way!!!
    I also copied Star Wars 3 cause my ex wife looks like one of the aliens in the back gound, she did not give permission to use her idenity!!! DAMN IT!!!

    29.1.2006 11:38 #46

  • Ne007

    Yeh..you can come up with ANY reason why you planned on suing the RIAA/MPAA!

    Hey! THEY STOLE MY BEAT. THEY STOLE MY LYRICS!

    I PLANNED ON SUING YOU GUYS! I MADE A COPY! WHOOOHOO!

    29.1.2006 16:53 #47

  • pigfister

    Not surprisingly the bbc.co.uk web site nor any English news papers or any of the televised news programs covered this story, does this mean we live in a two tiered society where government and companies can do what they want regardless of the laws? Its seems that way to me even peace protesters in the UK are now considered to be terrorists! [URL]http://www.parliament-square.org.uk/index.htm[/URL]
    So we live in a false democracy, a police state, who thought any different it has been that way for years? Control through religion I hear you all say lol @ us citizens sry but you are so blind!!!

    1.2.2006 02:34 #48

  • pigfister

    sry double post but the link wrong!

    Not surprisingly the bbc.co.uk web site nor any English news papers or any of the televised news programs covered this story, does this mean we live in a two tiered society where government and companies can do what they want regardless of the laws? Its seems that way to me even peace protesters in the UK are now considered to be terrorists! http://www.parliament-square.org.uk/index.htm

    So we live in a false democracy, a police state, who thought any different it has been that way for years? Control through religion I hear you all say lol @ us citizens.

    1.2.2006 02:36 #49

  • Tokijin

    That's funny, I've been saying that about the U.S. The media over hear is very selective about what they cover. You hear about which celebrity is boffing who, or getting arrested, but never about things like global warming, terrorism, the environment, and the war. Hell our last election was about gay people getting married, something that affects 10% of our population at most. Last time I checked, the environment, global warming, and terrorism affected 100% of the population.

    1.2.2006 09:07 #50

  • sammorris

    Tell me about it, and if you don't mind me saying so, the kyoto agreement fiasco gets me cross as well.

    1.2.2006 10:34 #51

  • pigfister

    the kyoto agreement is not a fiasco as its having the desired effects for goood old george chk out the report to see why!!! :-(
    http://news.bbc.co.uk/2/hi/business/4354036.stm

    2.2.2006 23:59 #52

  • Tokijin

    That might have a little more credibly if didn't come from a guy with nick "Pigfister." I think beastiality is against forum rules lol.

    3.2.2006 00:51 #53

  • pigfister

    that would be fista not mine which is fister! :-0

    3.2.2006 00:54 #54

  • Tokijin

    Lol. It's definitely original. Maybe I'll get another nick called "Rectal Warts."

    3.2.2006 01:11 #55

  • sammorris

    If you like, I'm not stopping you.

    3.2.2006 03:42 #56

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