FC: Buffy the Vampire Slayer finale tonight (& piracy, Godwin, Valenti)

From: Declan McCullagh (declanat_private)
Date: Tue May 20 2003 - 10:30:11 PDT

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    In honor of the Buffy series finale tonight, here's the continuation of our 
    thread from some weeks ago:
    "Jack Valenti on the Hellmouth: Stop swapping Buffy files!"
    http://www.politechbot.com/p-04586.html
    
    And in honor of series creator Joss Whedon, a brilliant fellow, here's a 
    story for which I interviewed him in 1999:
    http://www.wired.com/news/culture/0,1284,19927,00.html
    
    -Declan
    
    ---
    
    Date: Wed, 26 Mar 2003 12:23:15 -0500
    To: Declan McCullagh <declanat_private>
    From: Mike Godwin <mnemonicat_private>
    
    Famously in our little circle, I've been using "Buffy" as an example of TV 
    worth watching, and at Cato I demonstrated how a "Buffy" episode could be 
    captured and reshown on a laptop.
    
    "Buffy" also tends to get mentioned in any of my pieces for REASON. The 
    Cato event, which I assume the MPAA guys have all seen by now, is at 
    <http://www.cato.org/events/030205pf.html>.
    
    
    --Mike
    
    ---
    
    Date: Tue, 25 Mar 2003 21:23:58 -0600
    From: Mike Harris <wcitymikeat_private>
    Subject: Re: Jack Valenti on the Hellmouth: Stop swapping Buffy files!
    To: declanat_private
    
    Declan,
    
    I would imagine they singled out 'Buffy' because it's particularly
    useful for Valenti in his "perfect digital copies on the 'Net" arguments
    (cf. his Duke speech).
    
    In order to make a particular "Buffy" episode, "Once More With Feeling",
    more palatable for Emmy consideration, creator Joss Whedon distributed
    free DVDs in an issue of _Variety_.  MPEG recordings of those DVDs soon
    found themselves quite quickly on the 'Net.
    
    Mike
    
    ---
    
    Subject: RE: Jack Valenti on the Hellmouth: Stop swapping Buffy files!
    Date: Wed, 26 Mar 2003 11:23:41 -0500
    From: "Miller, Barry" <BMillerat_private>
    To: <declanat_private>, <politechat_private>
    
    I recently attended a panel discussion at the CATO institute where one
    of the consumer-advocate panelists, for dramatic effect, showed the
    attendees a Buffy the Vampire Slayer episode that he had copied the
    previous night onto his Apple/PC using Tivo-like software.  The MPAA was
    also on the panel.  It was an uncomfortable few moments. Maybe a
    coincidence, maybe not.
    
    ---
    
    Date: Tue, 25 Mar 2003 18:05:58 -0500
    To: declanat_private
    From: J Plummer <jplummerat_private>
    Subject: Re: FC: Jack Valenti on the Hellmouth: Stop swapping Buffy
       files!
    In-Reply-To: <5.1.1.6.0.20030325172618.01abbdb0at_private>
    
    Buffy may have a higher profile among execs re: P2P  after what happened in 
    1999 - some episodes were delayed after the Columbine incident.  They had 
    already been broadcast in Canada and the large Buffy fanbase flooded the 
    P2P nets to see what they'd missed.  Series creator Joss Whedon in 
    interviews expressed his indifference or even pleasure at the fact that 
    fans were able to watch the series in a timely manner despite the network 
    execs.
    
    -JCP
    
    ---
    
    Date: Tue, 25 Mar 2003 15:15:40 -0800
    From: Lizard <lizardat_private>
    To: declanat_private
    Subject: Re: FC: Jack Valenti on the Hellmouth: Stop swapping Buffy files!
    
    Declan McCullagh wrote:
    
    >[I know Buffy is popular (the runup to the series finale starts tonight). 
    >But I'm surprised that it was the only TV show to be singled out by the 
    >MPAA in its question-and-answer list about the broadcast flag. --Declan]
    
    
    Because, why would I spend 50 bucks on a complete Season 3 set of Buffy 
    with professional mastering, when I can watch a single episode, complete 
    with commercials and station edits, in small, blurry, file which took 16 
    hours to download and is probably corrupt?
    
    My experiences with trying to get anything out of PVP software have been 
    extremely disappointing. It shows that people will work harder to get 
    something "for free" than they would get it legitimately.
    
    -- 
    ===========================================================
    Evolution doesn't take prisoners: Lizard
    Blog (yeah, I'm on the damn bandwagon): http://www.xanga.com/lizard_sf
    Website: http://www.mrlizard.com
    
    
    ---
    
    Date: Tue, 25 Mar 2003 15:28:05 -0800
    From: Seth David Schoen <schoenat_private>
    To: Declan McCullagh <declanat_private>
    Cc: politechat_private
    Subject: Re: FC: Jack Valenti on the Hellmouth: Stop swapping Buffy files!
    
    Declan McCullagh writes:
    
     > [I know Buffy is popular (the runup to the series finale starts tonight).
     > But I'm surprised that it was the only TV show to be singled out by the
     > MPAA in its question-and-answer list about the broadcast flag. --Declan]
     >
     >
     >
     > http://www.mpaa.org/Press/Broadcast_Flag_QA.htm
     >
     > Q: I know people offer Buffy the Vampire Slayer and other programs on the
     > Internet now. Is this illegal? Why?
     >
     > A: Yes, it is illegal. Current laws state that redistribution of
     > copyrighted materials without express permission from the copyright holder
     > is illegal. Buffy is a copyrighted program that 20th Century Fox produces
     > and UPN broadcasts for its audience's personal use and have not authorized
     > the redistribution of their programming via the Internet. If unauthorized
     > copies of programs are widely available on the Internet they cannot be sold
     > in ancillary markets and the owners cannot cover the costs of production.
    
    There is a famous example of another technology that was going to
    destroy the ancillary markets.
    
    http://cryptome.org/hrcw-hear.htm
    
    (e.g., search for "6 out of 10 films")
    
    Lardner's book on the VCR reports that there was even a broadcast flag
    proposal back then!
    
    http://bpdg.blogs.eff.org/archives/000139.html
    
          [A]n engineer, one Richard J. Stumpf, [...] had conceived a system
          that could render a Betamax incapable of recording a program unless
          the broadcaster -- presumably on the copyright holder's say-so --
          chose to let it be recorded. The system relied on a simple jamming
          device at a cost, Stumpf was prepared to testify, of less than
          fifteen dollars a machine. Expert or no expert, Stumpf could not
          persuade [Universal v. Sony trial] Judge Ferguson that such a thing
          was workable -- or relevant. If he were to order Sony to install a
          jamming device, "as sure as you or I are sitting in this courtroom
          today," Ferguson said, "some bright young entrepreneur, unconnected
          with Sony, is going to come up with a device to unjam the jam. And
          then we have a device to jam the unjamming of the jam, and we all
          end up like jelly."
    
    Judge Ferguson even anticipated Bruce Lehman's concern about circumvention.
    I urge everybody to read _Fast Forward_, because it's basically all there
    already, twenty years ago.
    
    -- 
    Seth Schoen
    Staff Technologist                                schoenat_private
    Electronic Frontier Foundation                    http://www.eff.org/
    454 Shotwell Street, San Francisco, CA  94110     1 415 436 9333 x107
    
    ---
    
    Declan,
    Please omit my email address.
    
    Personally, I can see not allowing distribution - as in file swapping or
    re-selling - of these television programs.  That's what syndication is all
    about.   I guess Buffy is as good an example as any.  Perhaps a better one
    might have been Star Trek, since it is not only in syndication, but is
    sold as collector sets.  I happen to have recorded every episode of ST on
    VHS and have a library of them in my book case.  I have never provided
    copies for anyone else, but would certainly hate to be considered a
    criminal for having made the archived copies for myself.  I do intend to
    transfer them to DVD or VCD when I have the time.  I also have VHS
    personal recordings of operas, plays and other favorites - hundreds of
    them. How about my cassette tapes of all the vinyl lp's I plan to transfer
    to cd-r's?  Must I now worry that I'll be prosecuted?  What a sorry
    situation this has become.
    
    However, I rather disagree with them when it comes to time shifting and
    sharing with friends at a party or with kids, an overnight...  You get the
    point, I'm sure.  Wasn't that always considered fair use or am I wrong?  I
    guess one would have to define "distribution."  I don't see a comparison
    to copying cd's and providing copies to friends, which is clearly a
    violation of the specific copyright.  OTOH, making an audio mix and
    providing that for a party (just an example) should be fair use.  DJ's do
    it all the time.
    
    Regards,
    
    Leah G.
    
    ---
    
    Date: Wed, 26 Mar 2003 12:43:20 +0000
    From: Ken Brown <k.brownat_private>
    Reply-To: k.brownat_private
    Organization: Birkbeck College Central Computing Services
    To: declanat_private
    CC: politechat_private
    Subject: Re: FC: Jack Valenti on the Hellmouth: Stop swapping Buffy files!
    
    Declan McCullagh wrote:
     >
     > [I know Buffy is popular (the runup to the series finale starts tonight).
     > But I'm surprised that it was the only TV show to be singled out by the
     > MPAA in its question-and-answer list about the broadcast flag. --Declan]
    
    Buffy is easily the most popular current US TV show amongst techy geek
    types over here in Britain. Way ahead of anything else. Seems to hit an
    audience demographic of middle-aged males with too many computers :-)
    
    ---
    Date: Wed, 26 Mar 2003 09:23:03 -0500
    From: Max Vilimpoc <maxat_private>
    To: declanat_private
    Subject: Re: FC: Jack Valenti on the Hellmouth: Stop swapping Buffy files!
    References: <5.1.1.6.0.20030325172618.01abbdb0at_private>
    In-Reply-To: <5.1.1.6.0.20030325172618.01abbdb0at_private>
    
    Declan,
    
    Part of the reason Buffy might have been singled out may have to do with an
    event called "Battle over the Broadcast Flag: The IP Wars and the HDTV
    Transition" at the Cato Institute on February 5, 2003. Mike Godwin of Public
    Knowledge was playing back an episode of Buffy to the audience on his
    Powerbook as a way of demonstrating reasons why hardware should remain open.
    Fritz Attaway, of the MPAA, was sitting at the opposite end of the panel from
    him.
    
    See: http://www.cato.org/events/030205pf.html
    and: http://www.cato.org/realaudio/cpf-02-05-03.ram
    
    Cheers,
    Max Vilimpoc
    
    -- 
    from the desk at vilimpoc.org
    http://vilimpoc.org
    
    
    
    
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