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Post Posted: September 30th 2005 10:02 am
 
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Title: darthpsychotic@gmail.com
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Yes this probably should go in the EIII forum but given that there are DVD screencaps there that may not be such a good idea.

In fact I noticed this story when I seen TFN linking AICN and some other site for MF DarthFirst stuff

TFN ROTS_Pirates_Charged_94989.asp
    From The Associated Press:

    8 Charged in Illegal Release of 'Star Wars'

    LOS ANGELES (AP) -- Eight Californians were charged Tuesday with involvement in the illegal release of "Star Wars: Episode III - Revenge of the Sith" before the movie appeared in theaters.

    Court documents allege the piracy began with a "screener" copy of the film at a post-production facility where one of the defendants worked and ended with the movie being released online the day before its worldwide release. "Screeners" are copies of films made available for such purposes as reviewing or for use by voters in industry awards programs.

    The case is the latest attempt to crack down on movie piracy by law enforcement and the film industry.

    All are accused of misdemeanor copyright infringement charges that carry up to one year in prison. One of the defendants also faces a felony count of uploading the movie onto the Internet, which carries a sentence as long as three years in prison if convicted.

    All eight defendants are scheduled to appear in federal court next month.
http://news.bbc.co.uk/1/hi/entertainment/film/4289030.stm

    The US attorney in Los Angeles filed a copyright infringement charge against Albert Valente, 28, of Lakewood, California, for taking the Star Wars copy from the post-production house where he worked.

    In a statement, the US attorney's office said he had pleaded guilty to the charge.

    Six other people were charged with copyright infringement and other charges for copying and distributing the Star Wars film that Valente took.

    Another defendant, Marc Hoaglin, 36, of Huntington Beach, California, was charged with putting the film on the internet.

    Mr Hoaglin could face up to three years in jail if convicted.

    All eight defendants are scheduled to appear in court next month.


Post Posted: September 30th 2005 10:23 am
 
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So these are the guys that leaked the film?


Post Posted: September 30th 2005 10:51 am
 
OBGYN
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The world will be a much safer place after these criminals are behind bars...

:whateva:


Post Posted: September 30th 2005 5:13 pm
 
OBGYN
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You bring the video camera, and I'll bring the hoods and the kitchen knife.


Post Posted: October 1st 2005 12:34 am
 
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Title: Mortician
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Tearists.


Post Posted: October 4th 2005 6:11 am
 
OBGYN
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What's a "tearists?"

:monocle:


Post Posted: October 4th 2005 9:55 am
 
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Title: Mortician
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You, who hate our freedoms, and don't care about colored people.


Post Posted: October 4th 2005 11:45 am
 
OBGYN
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Well, I gotta pay for my ticket to Paradise somehow...


Post Posted: October 5th 2005 4:54 am
 

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Typical BS in the modern age of "digital crime."

Remember the FBI warning that comes with every movie on DVD and VHS? Hell, that warning has been on home videos for years, yet it's no secret that people have been using VHS recorders in their homes to record and/or distribute copyrighted materials, i.e. movies and television programs.

And if we're going to get into semantics over copyrighted material being distributed over the internet, what about movie scripts, official news publications, photographs, etc etc? I mean the list is fucking endless of copyrighted material that gets tossed around the net everyday!

If these guys were making profit from the movie, then ok, I agree that it's piracy, because the definition of piracy is theft of someone else's property for personal gain. But these guys weren't making any money; as far as I know, no one has made any money from distributing movies over P2P or Torrent or newsgroups.

If anyone knows, I'd like to hear a legal argument that maes any sense to convict a person of what is in my opinion, nothing more than a personal digital communication from one end to another. And if that's a crime, well then we might as well toss out the first amendment and give the FCC the right to eliminate every form of communication, as it might lead to digital piracy, or even worse -- terrorism!!!

This case should be thrown out of court and the judge and prosecutors should be fined for even wasting tax payer dollars to hear it out in court. Now that's a crime!

Screw it, I looked it up myself. Check it out. Doesn't sound like a criminal offense to me. That is, unless this Federal code has been overwritten by the sections of the Patriot Act that involve digital crimes.

US Code: TITLE 17 > CHAPTER 5 > § 506
Criminal offenses

Release date: 2005-08-01

(a) Criminal Infringement.— Any person who infringes a copyright willfully either—

(1) for purposes of commercial advantage or private financial gain, or

(2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000, shall be punished as provided under section 2319 of title 18, United States Code. For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement.

(b) Forfeiture and Destruction.—When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall, in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all infringing copies or phonorecords and all implements, devices, or equipment used in the manufacture of such infringing copies or phonorecords.

(c) Fraudulent Copyright Notice.— Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500.

(d) Fraudulent Removal of Copyright Notice.— Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500.

(e) False Representation.— Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409, or in any written statement filed in connection with the application, shall be fined not more than $2,500.

(f) Rights of Attribution and Integrity.— Nothing in this section applies to infringement of the rights conferred by section 106A (a).


Post Posted: October 5th 2005 11:27 am
 

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I think that leak would fall under section a, paragraph 2. It would be argued that the movies production cost more then $1000 and the potential lost revenue would be more. In reality, that's bullshit but the judge wouldn't see it that way.


Post Posted: October 5th 2005 12:33 pm
 
Fat Bastard

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I doubt there was loss of revenue for Sith in theaters. I'm willing to bet that maybe 98% of the people who downloaded Sith still went and saw it in theaters.

They probably downloaded so they could see it how ever many times they wanted to until November's offical release on DVD.


Post Posted: October 5th 2005 3:55 pm
 
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darthpsychotic wrote:
One of the defendants also faces a felony count of uploading the movie onto the Internet, which carries a sentence as long as three years in prison if convicted.


Up to three years is a bit extreme. There are murderers who get less than that.


Post Posted: October 5th 2005 4:31 pm
 
God's Helper
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America's fucked up that way.


Post Posted: October 5th 2005 8:08 pm
 

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Darth Darthy wrote:
I think that leak would fall under section a, paragraph 2. It would be argued that the movies production cost more then $1000 and the potential lost revenue would be more.


It says "retail value," not production cost. That's a pretty specific term. If I were a judge or a prosecuting attorney, I think I'd be hard-pressed to assign a retail value to a DVD someone made on his computer with footage shot on a camcorder sitting in a theater. Would anyone be willing to pay even the price of a movie ticket for something like that?


Post Posted: October 7th 2005 2:46 pm
 
Consumer
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You are expected to consume culture at your own expense, not effect or create it or consume it for free, don't you internets know anything these days?
Dissenters must be removed from the population so their abberant beliefs don't infect others and become the norm.

//wave to LFL/Fox legals....


Post Posted: October 7th 2005 5:16 pm
 
OBGYN
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The Hollywoods Came from Outer Space.

Image


Post Posted: October 29th 2005 7:22 am
 

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Plus we have to remember that copyright laws continue to be strenthened and tightened under the US code. What may not have been illegal a few years ago certainly is now. The New Freedom Initiative, the Millenium act, the two patriot acts, as well as the new digital communications laws that the FCC is enforcing are all about controlling media in the 21st century.

Pretty soon it will be illegal to fart without getting consent from your doctor.


Post Posted: January 27th 2006 3:14 pm
 

Join: April 28th 2005 2:18 am
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Location: Dallas
the law is surprisingly lenient. w/ a lack of intent to profit, they got off easy. hardly a deterrent for the next guy.

"......the seven are getting off with misdemeanor charges."

p2pnet.net

Quote:
Star Wars 'Sith' p2p uploader

p2p news / p2pnet: When Star Wars: Episode III - Revenge of the Sith arrived on the p2p networks, "There is no better example of how theft dims the magic of the movies for everyone than this report today regarding BitTorrent providing users with illegal copies of Revenge of the Sith," raved MPAA (Motion Picture Association of America) boss Dan 'Jedi' Glickman (right).


Oh, those evil, wicked kids with their Sony camcorders.


But, "The illegal distribution of 'Sith' started during the week before its May 19 release, when Albert Valente, 28, of Lakewood took a DVD copy of the film from a post-production facility where he worked," says the Los Angeles Daily News.


"The firm was hired by the studio for the post-production work," the story has US assistant attorney Brian Hoffstadt saying.


After Valente (no relation to ex-MPAA boss Jack Valenti) gave copies to, "Jessie Lumada, 28, of Long Beach, who gave it to another friend, Ramon Valdez, 30, also of Long Beach," says continues the LA Daily News. "Valdez took 'Sith' to the cable company where he worked and allowed co-worker Michael Fousse, 42, of Monrovia to upload it onto the company's internal network.


"Dwight Wayne Sityar, 27, of La Crescenta, who also worked at the cable company, then burned the movie onto three CDs and gave them to co-worker Stephani Gima, 25, of Los Angeles. Gima gave the movie to her brother-in-law, Joel De Sagun Dimaano, 33, of Los Angeles, who brought it to his work at MGM Studios and lent it to Hoaglin, his co-worker.


"Hoaglin uploaded the movie onto the Internet."


Does that mean Valente and friends could land in jail for up to 17 years or perhaps be fined $250,000, as advocated by Hollywood friend, and chairman of House Judiciary Committee's Subcommittee on Courts, the Internet, and Intellectual Property, Lamar Smith?


That was what Curtis Salisbury was looking at after allegedly camcording The Perfect Man and Bewitched, "and then distributed them through illicit computer networks that specialize in piracy".


But No. That fate doesn't, apparently, await the Hollywood insiders and their friends.


Despite, "going over to the dark side by getting their hands on copies of 'Star Wars: Episode III - Revenge of the Sith' before its theatrical release" and pleading guilty to federal piracy charges, the seven are getting off with misdemeanor charges.


"If they'd done it for financial gain or profit, then that could have become a felony, but ... that wasn't the case for these folks," said Hoffstadt.


But what about Hoaglin who uploaded the movie, causing such grief for Glickman and his employers at the MPAA? Jail and a heavy fine?


Nope. Since he pleaded guilty, "prosecutors are recommending home confinement instead," says the LA Daily News.

OK, then. But that's because Hoaglin's theft was an isolated incident, surely? Nope.

An AT&T Labs report said a total of 285 movies its researchers sampled on the p2p networks, 77% were leaked by industry 'insiders'; actor and studio owner Mel Gibson sued a Hollywood post-production house for the online appearance of his Passion movie; and, Russell Sprague got 130 movies from Academy of Motion Picture Arts and Sciences member Carmine Caridi, who was ordered to pay Warner Bros a paltry $300,000 for providing Sprague, who died in an LA jail cell, with the copies."

Meanwhile, "Any competition 'Sith' faced from the online version did not keep it from earning $50 million at the box office its opening day," adds the LA Daily Times.

"The box-office take set the record for the biggest opening day of any movie, and it was also the biggest single-day gross ever."






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