It takes a lot of skill to turn hugely-profitable films into net losers, and Hollywood studios have it down to an art form — one that’s often more creative than their sanitized retreads and ultra-safe franchises and reboots.
Lucasfilms, now owned by Disney, produced several Star Wars films, amassing billions of dollars. But the actor who played Darth Vader has never received any residuals from The Return of the Jedi, which was the 15th highest-grossing film of all time as of 2012. Low-budget hit The Exorcism of Emily Rose grossed $150 million on a $19 million budget. And yet, its director has yet to see a cent of his residuals, which were supposedly 5% of the net profit. Somehow $131 million just… vanished.
No matter how much is exposed about Hollywood’s complete bullshit it calls an accounting process, it will seemingly never stop screwing over everyone but the studios themselves. It’s apparently far more profitable to simply weather the criticism and occasional lawsuit.
Speaking of the latter, Richard Dreyfuss has just filed a lawsuit against Disney over missing What About Bob? residuals. His co-complainant, Christine Wagner, is the widow of the producer of Turner & Hooch. Both have a problem with the way studios do math. Both tried to bring in a third-party to take a look at Disney’s books, and both were shot down by the studio. (h/t to Techdirt reader techflaws)
Month: April 2015
MPAA Pirated Clips From Google Commercials To Make Its Own MPAA Propaganda Videos
And here’s another one from the Sony archives, this time noticed by Parker Higgins. It involves an email thread between Sony TV’s Chief Marketing Officer Sheraton Kalouria and the company’s top intellectual property lawyer Leah Weil (with top TV exec Steve Mosko included in the cc: field). In the email, they’re discussing a new “reputational initiative” by the MPAA. From other emails, it appears that the MPAA finally realized that its reputation was toxic, and figured that rather than, maybe, figuring out why that is, it would put together a marketing campaign to improve the public’s view of the MPAA. Here were the four goals of the campaign:
- Fill the knowledge gap about our industry
- Change consumer perceptions
- Claim our rightful position as innovators
- Reframe our consumer message in a positive tone
I note that “stop suing our customers and biggest fans” and “stop trying to censor parts of the web or destroy innovations that challenge our business model” didn’t make the list. That’s too bad, as either of those steps might actually, you know, help improve the MPAA’s reputation.
But the really amazing thing about the campaign? Apparently at least some of the video involved unauthroized copying of content from… Google. The same Google that the MPAA and studios had dubbed “Goliath” and who they were hell bent on destroying because of the misleading belief that Google helped people infringe on their copyrights. Here was Kalouria’s email to Weil:
Also, I was somewhat horrified that their creative shop used footage from Google commercials in their “Swipe-o-matic”. I kid you not…some of those scenes of people being “moved” by movies are from a current Google campaign…!
Weil only responded with a single word:
Yikes!!!
Yes. If you’ve been following along with the home game, you know that the MPAA is really, really against copyright infringement (or at least that’s what it would have you believe). And it believes that Google is the single-biggest problem in the copyright world these days. And yet, when it’s time for the MPAA to put together some of its own propaganda to put some spit and polish on its down in the dumps reputation, what does it do? Make use of Google’s footage and pretend that the people being “moved” are actually being moved by the MPAA’s movies.
Apparently, infringing on the works of others is okay for the MPAA when it does it itself. And that’s leaving out the extreme irony of using Google’s ad footage as well. It’s unclear if this MPAA film ever saw the light of day, but it would be fascinating to see if anyone has it…
Report: ‘Nearly Every’ FBI Forensics Expert Gave Flawed Testimony In ‘Almost All Trials’ Over A 20-Year Period
The FBI seems to be more interested in securing convictions than finding the truth. An investigation into questions about the agency’s hair analysis commenced in 1996, but years of foot dragging by the FBI means the full truth has only come to light over the past couple of years. What’s detailed in a report compiled by the National Association of Criminal Defense Lawyers and The Innocence Project is an almost surreally callous drive for sucessful prosecutions that potentially put dozens of innocent people behind bars.
The Justice Department and FBI have formally acknowledged that nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered evidence against criminal defendants over more than a two-decade period before 2000.
Of 28 examiners with the FBI Laboratory’s microscopic hair comparison unit, 26 overstated forensic matches in ways that favored prosecutors in more than 95 percent of the 268 trials reviewed so far…
Sony Once Again Ridiculously Warns The Media Not To Report On Leaked Emails
Back in December, when the Sony emails first leaked, we wrote about how Sony hired super-high-powered lawyer David Boies to send off ridiculously misinformed letters to media outlets warning them that they should not write anything based on information in the leaks. Boies took it a ridiculous step further, threatening to sue Twitter for not blocking screenshots of the emails. Both threats had no real legal basis.
Of course, now that the emails are in the news again, thanks to Wikileaks posting the archive online and making it searchable, Sony is apparently shelling out more big bucks to Boies to send around another version of the letter. You can see the letter here or at the bottom of the post.
Once again, the legal reasoning in the letter is… questionable at best. The included attack on Wikileaks is even more confused, arguing that freeing up this information helps North Korean censorship. It’s difficult to see how that’s really true, but okay. But the really ridiculous part is arguing that the media should not publish this information to support the First Amendment. Really.
HBO Cracks Down on Paying VPN “Pirates”
In an effort to gain more subscribers HBO launched its standalone “HBO Now” service earlier this year.
The subscription allows Americans to access HBO’s content, including Game of Thrones, without the need to have a television subscription.
With the offer HBO hopes to drive people away from pirate sites, but it also created a new form of unauthorized use. As with Netflix and Hulu, many people outside the U.S. signed up for the service through VPNs and other geo-unblocking tools.
Although they are paying customers, using HBO Now from outside the U.S. is not permitted under the company’s terms of use.
While Netflix is still fairly lax about geo-unblocking, HBO is now cracking down on the practice. A few days ago thousands of VPN and proxy “pirates” started to receive worrying email warnings.
VPN and Site Blocking Attacked By Consumer Group
After Attorney-General George Brandis and Communications Minister Malcolm Turnbull asked the Australian Cabinet to approve the development of a new legal mechanism allowing rightsholders to obtain site-blocking injunctions, legislation was introduced to parliament last month.
What followed is a still-current six-week consultation period for additional submissions, with various groups invited to voice their opinions and concerns.
While the site-blocking elements of the Copyright Amendment (Online Infringement) Bill 2015 are likely to please rightsholders, concerns remain that not only will the legislation fail to achieve its aims, but may also have unintended consequences that could stifle consumer choice.
In its submission the Australian Communications Consumer Action Network (ACCAN), the body that represents the interests of consumers on communications issues including broadband and emerging Internet services, three key issues are raised – VPN use, efficacy and cost of blocking, plus consumer interests.
The VPN problem
ACCAN is concerned over some of the wording employed in the amendments. Instead of referencing “website blocking”, the legislation speaks about “online locations”. While this appears to be an effort to future-proof the Bill, it also has the potential for additional consequences should rightsholders decide to exploit the ambiguity.
“Our first concern relates to the scope of activities that may be picked up by an interpretation of an ‘online location’ which ‘facilitates an infringement’ of copyright,” ACCAN writes.
“Without clear legal precedent, there is ambiguity under the Copyright Act about what constitutes infringement in relation to the use of a Virtual Private Network (VPN) to gain access to geo-blocked products and services. If this ambiguity is not cleared up, this amendment may have the unintended consequence of blocking these services and in turn harm competition and consumer choice.”
And confusion does exist. On his website Minister for Communications Malcolm Turnbull says that the Copyright Act does not make it illegal to use a VPN to access overseas content. On the other hand, the Australian Copyright Council believes that using a VPN to download content licensed overseas is “likely to be an infringement of copyright in Australia.”
While it was previously reported that the Bill had been delayed due to modifications aimed at protecting VPN-like services, ACCAN says that it would prefer clarity on the matter.
“While this ambiguity exists there is a risk that rights holders will attempt to use this injunctive power to block VPN websites and limit consumer access to paid content overseas,” the group writes.
And the threat is real. As reported last week, New Zealand based media companies report that they are on the verge of suing local ISPs who provide VPN services designed to unlock overseas content. Avoiding the same thing Down Under is a priority for ACCAN.
How copyright troll Mary K Schulz deceived the court… 600+ times
Mary K Schulz, an Illinois local stooge for Keith Lipscomb’s shakedown empire, not only thinks that certain judges are assholes, but seemingly assumes that all of them are idiots, who deserve to be lied to. Since 10/10/2014 Schulz filed at least 135 copyright and patent trolling cases (Malibu Media — 120, Millionaire Media — 11, Hawk Technologies — 4). Every filing was signed as
The latest notice of appearance also indicates “Schulz Law” as Ms. Schulz’s law firm.
There is one small problem with it. According to the Illinois Secretary of State portal, “Schulz Law, P.C.” was involuntarily dissolved on 10/10/2014:
(Screenshot was taken on 4/19/2014)I would understand a case when a law firm was dissolved for not paying proper fees on time (which was the most likely reason here), but diligent steps were promptly taken to correct the problem. Unlike a voluntary dissolution, this kind of situation is mendable. I waited for the correction to happen for six months, but it seems that Ms. Schulz simply doesn’t care.
Note that in every case she filed at least five documents, all signed as “Schulz Law, P.C.,” so essentially she deceived the court more than 600 times.
These people are not only evil in their assault on the productive population, but also sloppy and disrespectful to the tribunal.
“Safe Spaces” And The Mote In America’s Eye
My three kids are sarcastic and irreverent. This isn’t a shock to anyone who knows me. Their mouthiness can be irritating, but usually I manage to remember that I don’t set much of an example of rhetorical decorum.
Maybe I should start giving the same consideration to other people’s kids.
For some time I’ve been mean to university students who feel entitled to a “safe space” — by which they seem to mean a space where they are insulated from ideas they don’t like.
I call these young people out for valuing illusory and subjective safety over liberty. I accuse them of accepting that speech is “harmful” without logic or proof. I mock them for not grasping that universities are supposed to be places of open inquiry. I condemn them for not being critical about the difference between nasty speech and nasty actions, and for thinking they have a right not to be offended. I belittle them for abandoning fundamental American values.
But recently a question occurred to me: where, exactly, do I think these young people should have learned the values that I expect them to uphold?
Today’s college students came of age in the years after 9/11. What did we teach them about the balance between liberty and safety in that time?We should have taught them not to give up essential liberty for a little safety. Instead, we taught them that the government needs the power to send flying robots to kill anyone on the face of the earth without review and without telling us why. The government, we’re told, needs to do that for our safety. We also taught them that the government also needs the power to detain people indefinitely without judicial review, again in the name of safety. We taught them that to ensure our safety the government needs the records of what books we read and who we talk to. With that as a model, it seems like small potatoes to say that safety requires disinviting Bill Maher from a university commencement, because he’s something of a dick.
We should have taught them that it’s noble to speak out for liberty. We didn’t. We taught them that concern with liberty is suspicious. They grew up in an America where police say that talking about civil liberties suggests involvement in criminal behavior and that criticizing law enforcement priorities provides a good reason to investigate you. They grew up in an America were the FBI monitors protestors and activists in the name of safety. They grew up in an America where questioning the War on Drugs is called unpatriotic.
We should have taught them that it’s shameful to oppose liberty and work to undermine it. We didn’t. They grew up in a world where a man can advise the government to disregard our liberties and waffle on whether the state can crush the testicles of children to torture information of of their parents, only to be rewarded by a prestigious position at a top law school.
We should have taught them to think critically when someone says that “safety” requires action. We didn’t. We taught them to submit to groping by TSA agents recruited via pizza boxes who single us out based on transparently bogus junk science. We taught them that even if you demand policy changes based on junk science that is demonstrably deadly, you can still be taken seriously if your politics are right.
We should have taught them that our subjective reaction to someone’s expression isn’t grounds to suppress that expression. We didn’t. They probably didn’t learn that lesson from the freakouts over mosques at ground zero or in Georgia or in Tennessee. They probably didn’t learn it from calls to deport Piers Morgan for anti-gun advocacy or by the steady stream of officials suggesting that dissent is treason or from their government asserting a right to “balance” the value of speech against its harm. They didn’t learn it from state legislators punishing universities based on disagreement with curriculum.
We should have taught them to be suspicious of claims that speech is harmful in a way the law should address. We didn’t. We taught them that making satirical videos about police is criminal “cyberstalking” and that stupid jokes by teens justify imprisonment and that four-letter words are crimes (or should be) and that swearing at cops online is “disorderly conduct” and that singing a rude song to imaginary children justifies prosecution.
We should have taught them to be suspicious of rote invocation of airhorn words like “racism” and “sexism” and “trauma” and “unsafe,” especially when those terms are used to limit liberty. We sure as hell didn’t do that. We taught them that jailing grandmas for buying two boxes of cold medication is justified because think of the children. We have taught them that cops can cops can rape and torture people because drugs are bad. We teach them that “terrorism” is an existential threat, a magic word that can be invoked to justify anything. Rather than teaching them to question catchphrases, we teach them to respond to them in Pavlovian fashion.
We should have taught them to question authority. Instead we taught them to submit to it without question if they didn’t want to get shot or tased.Instead, we are teaching them, even now, that climbing a tree outside our view, or visiting a park unattended (as many of us did when children) is a matter requiring state intervention. This is not a Yakov Smirnoff joke: in Russia, complete strangers will approach you on the street to scold you if you’re wearing your scarf the wrong way. “You’ll catch cold!” We are becoming the Russia our grandparents warned us about: not a Stalinist tyranny, but a tyranny of concern. For our own safety, of course.
Sure, occasionally we manage to assert that free speech trumps feelings or that speculative safety doesn’t trump liberty. But those few messages are drowned out by the drumbeat of safety, safety, safety.
Should we expect universities to teach them to value liberty or question safety? Please. Universities think that free speech is something to be confined to tiny corners of campus to protect students from the trauma of being handed a copy of the constitution. Universities are places were administrators censor Game of Thrones t-shirts and Firefly posters then censor the posters complaining about censorship, all in the name of “safety.” Universities are places where enraged educators cut down free speech walls and attack protestors and tell students to destroy displays they don’t like. Sending people to American universities to learn to respect liberty is like sending them to a brothel to learn chastity.
Today’s young people are responsible for their own actions. They are bound, like all of us, by this truth: the government saying something is right doesn’t make it right. But it’s not fair to ignore our culture’s role in shaping the values that lead to an appetite for “safe spaces.”
I’m not going to stop calling out university students who assert that they have a right not to be offended, or who claim that they are entitled to spaces safe from ideas they don’t like.
But I hope that some of them will call me out — call all of us out — in return now and then.
United Airlines Stops Researcher Who Tweeted about Airplane Network Security from Boarding Flight to Security Conferences
Our client, Chris Roberts, a founder of the security intelligence firm One World Labs, found himself detained by the FBI earlier this week after tweeting about airplane network security during a United Airlines flight. When Roberts landed in Syracuse, he was questioned by the FBI, which ultimately seized a number of his electronic devices. EFF attorneys now represent Roberts, and we’re working to get his devices back promptly. But unfortunately last week’s tweet and FBI action isn’t the end of the story.
Roberts was back at the airport on Saturday evening, headed to San Francisco to attend two high-profile security conferences, the RSA Conference, where he is scheduled to present on Thursday, and BSides SF. After Roberts retrieved his boarding pass, made his way through the TSA checkpoint and reached the gate, United corporate security personnel stopped him from boarding the plane. Roberts was told to expect a letter explaining the reasons for not being allowed to travel on United. Thankfully, Roberts was able to book a last-minute flight on another airline and has now landed safely in San Francisco.
Nevertheless, United’s refusal to allow Roberts to fly is both disappointing and confusing. As a member of the security research community, his job is to identify vulnerabilities in networks so that they can be fixed. Indeed, he was headed to RSA speak about security vulnerabilities in a talk called “Security Hopscotch” when attempting to board the United flight.
EFF has long been concerned that kneejerk responses to legitimate researchers pointing out security flaws can create a chilling effect in the infosec community. EFF’s Coders’ Rights Project is intended to provide counseling and legal representation to individuals facing legal threats, which is why we’re glad to represent Chris Roberts. However, we’d also like to see companies recognize that researchers who identify problems with their products in order to have them fixed are their allies. It would avoid a whole lot of trouble for researchers and make us all more secure.
New Zealand Plotted Hack on China With NSA
New Zealand spies teamed with National Security Agency hackers to break into a data link in the country’s largest city, Auckland, as part of a secret plan to eavesdrop on Chinese diplomats, documents reveal.
The covert operation, reported Saturday by New Zealand’s Herald on Sunday in collaboration with The Intercept, highlights the contrast between New Zealand’s public and secret approaches to its relationship with China, its largest and most important trading partner.
The hacking project suggests that New Zealand’s electronic surveillance agency, Government Communications Security Bureau, or GCSB, may have violated international treaties that prohibit the interception of diplomatic communications.
New Zealand has signed both the 1961 Vienna Convention on Diplomatic Relations and the 1963 Vienna Convention on Consular Relations, international treaties that protect the “inviolability” of diplomatic correspondance. The country’s prime minister, John Key, said in a recent speech on security that New Zealand had an obligation to support the rule of law internationally, and was “known for its integrity, reliability and independence.”
Last year, Key said that New Zealand’s relationship with China, worth an estimated $15 billion in annual two-way trade, had “never been stronger.” The relationship was not just about “purely trading,” he said, “it is so much broader and much deeper than that.”
In 2013, Key described a meeting with top Chinese officials in Beijing as “extremely warm” and told of how he was viewed as a “real friend” by the country’s premier, Li Keqiang.
At the same time, as minister in charge of the GCSB, Key was overseeing spying against China – which included the top-secret planned operation in Auckland, aimed at the Chinese consulate.
The hacking project is outlined in documents obtained by The Intercept from NSA whistleblower Edward Snowden.