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Then Came Lola v. Kamphuis

Then Came Lola v. Kamphuis

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Published by Laura Sydell

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Categories:Types, Research
Published by: Laura Sydell on Nov 29, 2010
Copyright:Attribution Non-commercial

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11/29/2010

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Hi,The real spammers we refer to are actually companies like mediasentry and websherriff that besides knowing better keep harassing us and tons of other isps by automatically sending email (lots of it too ;)trying megavideo and the other streaming sites, indeed makes hell a lot more sense, as that's where the streams come from in the end,most of our clients in this field simply link there, and most of the video-stream hosters actually DO comply with the dmca and dmca-like regulations.The annoying thing is companies like disney inc (most recently ;) trying to force us to cut off the piratebay (by trying to punch holes and undermining providerimmunity), dispite the fact that the piratebay itself does not "distribute" anything, it merely connects people that want to exchange files, regardless of which kind of file, in the end it's the end users that publish content.I can see you went for the conventional model of DVD distribution, however, considering the profit margin on that, why not just sell your movie online on your own website in the 50 cent-2 euro price range, surely the profit margin on that is a LOT higher than having the entire distribution chain of distributors, truckdrivers, shops, etc taking the profits away, and the market is global.If you simply make it possible to download your movie from your website, maybe the itunes store, or amazon (i think they do that too), nobody in his right mindwould go for a crappy flash based stuttering low-resolution watch-movies-onlinekinda thing if they can have a fast download of the full HD version, without having to spend hours in going to a shop, parkign the car, buying a dvd (if its instock), going home, putting the thing in the player, etc (its a lot more work ;).In our years of conducting business online (we used to do mass domain registration and mass shared webhosting, nowadays that would be called cloud computing), we found that people will gladly become your customer if you simply make it EASYenough for them to register and pay online with instant delivery of the services, I guess the same goes for music and movies as otherwise the itunes store wouldnot be there ;)We actually wrote something very simular to the itunes store. way before they (apple inc) did (1998-1999) which now is at www.huge.nl, it's dysfunctional because its ugly and the payment processors aren't linked anymore, but something likethat could well become a central spill in the distribution of movies and music (or maybe we can keep the itunes store around once they learn to make it possiblefor ANYONE to sell their products there, not just their RIAA friends ;)Now, primary problem I see with movie sites is that they don't have a license (the ones that actually distribute the content that is).This is due to the berne convention, which was pushed by the recording and printing industry of it's days (1933).GEMA, BUMA, STEMRA, etc are all in existance today because back in 1933 it was apretty good idea to have the "rights' managed by an organisation -per country-(after all, back in 1933 you still had several fairly small markets, its not like you had 5 billion books printed in korea and then shipped to your customers, there was no internet, satellite tv wasn't invented yet, etc)The result of this is that disney could not give a license to a movie site to put disney movies in full hd/3d for a global audience (worldwide distribution) if
 
they wanted to (which, they btw, do not, otherwise they would not be trying to sue US for routing the piratebay all the time ;)But then again, they have been part of the 'usual suspects' that kept lobbying for such regulations that now (also) get in their own way, deratifying treaties isn't quite so easy as creating them ;)This is also a reason why southpark, for example, doesn't make their episodes available on one central worldwide site anymore, but rather has sites per countrynow, eventhough it's their -own- created content.(southpark studios also just includes the advertisements themselves and makes their streams high quality, as opposed to third party streaming sites which usually are captured from tv airings)I'm quite sure you'll still earn your investment back on the DVDs as a lot of people (still) buy those, and TV stations are (still) around and still get paid toput 'something" between advertisements (which in the end makes the cash, also online, in most cases, except for direct sales).Now as far as I understand, these movie sites, get paid by their advertisers, depending on how popular their site is in the "alexa ratings". Why don't you justset up your own movie site, together with some colleguas, that does exactly thesame, watch the movie in low-res streaming with advertisements for free, or download it in full-hd and pay for it, I bet a lot of those movie link sites like the one you were complaining about would simply link to your site and therefore also generate advertisement income for you.I cannot interfere in what my customers do, If some guy just buys your DVD and copies it and ships it with deutsche post, you can't expect the mailman to open the package, see whats inside, refuse to deliver from or to specific addresses, etc, the same applies to data and telecommunications (and that's a good thing orwe'd have EVERYONE who could possibly have a problem with something at our doorevery second ;)I cannot force him to remove it (which this specific customer probably won't doanyway, but the streaming video providers he links to may do it if you ask -them-)We just deliver traffic, indistriminately of what it carries, even if we know what it carries, we are protected from liability, even if what it carries is SEVERELY criminal (there are a lot things worse than copyright violations ;) and that's a good thing, not just for us, but for everyoneYour movie (i've watched the trailer) i'm suer would raise some eyebrows in mostislamic countries for example, you don't want your isp to remove it because they could possibly have objections to it :PWhy don't you get some of your colleguas together and set up a central distribution company for independant movie productions, which doesn't 'enforce copyright'but rather just makes it easy to obtain high-quality copies at a reasonable price and low-quality streaming with advertisement income, so a lot of it is on onecentral, easy to find, well promoted, website, online ordering of an actual DVD/blue ray disk should be possible too ofcourse.There are several more issues with copyright as a concept, one of them being thefact that i already managed to have my 386 "compose" all musical patterns (sheet music) in digital form back in 1996 up to 30 seconds in lenght (the requirement for copyright), and i mean -all- of the possible combinations of musical notesin any order ;)Technically, that means i could sue each and everyone of those artists and their
 
labels out there not to release any bit of music anymore as i own the rights to-everything- already, as it will always contain a sequence out of my billions of composed patterns, no matter what they compose ;)now that was in 1996... computers are at least 1000 times faster and bigger now,and we own quite a few of them, i'm quite sure we could do the same for let's say all english words in any possible combination (copyrighting all possible booktexts before anyone else gets the chance) etc.they could claim it's not a "work of art", which is a requirement for copyright,but then again, they compose using computers themselves, it's all just a matterof interpretation of how many manual interventions one makes in the process ;)I don't consider copying "theft" either, as nothing really gets stolen, and it'sall rather vague.. it's all common knowledge...now breaking into someone's house or his computer, stealing his data and makingit public, ofcourse is theftbreaking into a factory, stealing the plans for their next model car, is theft,breaking into a bunker, stealing the nuclear launch codes, is theft (not to mention espionage ;)making something which is already public knowledge more poblic, isn't theft at all.Me, using copyright to stop all artists from composing any music because my computer (or me) "did it first" WOULD however be 'theft', but it would be 100% legalfor me to enforce that by the exact same law they promote.(germany itself for example uses copyright to -prevent- distribution of mein kampf, despite not having the intention of distributing it itself).So no, I don't see any future whatsoever in copyright, you can probably still get away with the old business model of selling dvds for the next few years, you'll definately make your investment back, one way or the other, but don't expect that all to still work in let's say 10 years from now.When i started working in the internet industry at xs4all, they actually never gave people contracts that lasted longer than 3 months because they weren't surethe internet, as an industry would survive that long, now, xs4all ofcourse is one of the biggest dutch ISPs out there, I'd say "easy money", including copyright, should always be treated that way... don't expect it to work/bring profits 3 months from now even if it does now, always cover your ass, just as with any other investment...Now for companies like disney, there actually is no excuse ;)they should simply give people a disney tv with a disney-disc player that only plays disney movies and doesn't connect to anything else and can't be filmed withconventional cameras (refreshing the screen the other way around, bottom to top, already solves that ;) and call it a day :Psee, your camera would not work in a cinema, if the screen refresh of the cinemawould work significantly different than the way your camera ccd/vidicon scans it's image. it would have black bars all over the image all the time, or even just random dots instead of an image, and as long as your hardware doesn't have anystandardised output, good luck on simply connecting it to a vcr or digitizer ;)Disney however, despite having the cash and resources, would rather wait for other people to distribute their movies for them, and then sue them or third parties afterwards :P instead of actually taking steps to protect their content, in which they claim to take so much interest :P

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