RSS
Twitter
Hollywood Looking To Legislate History Into Place Permanently
from the leave-everything-the-same dept
The EFF has noticed that the latest in a long, long line of bills put forth by Hollywood (via a politician acting as proxy) puts into law the idea that the way broadcast content has been consumed should remain forever. The specific quote is that any innovation needs to offer "customary historic use of broadcast content by consumers to the extent such use is consistent with applicable law." As Fred Von Lohmann points out, if that wording was in place years ago, we'd have no VCRs and no TiVos. Innovation isn't about leaving historical usage in place, but about looking forward. Once again, this is about legislating to protect a business model, rather than an industry being willing to innovate.
Reader Comments
(Flattened / Threaded)
agreed
Fred von Lohmann's opinion, i believe, was right on the mark. despite the issues he brings up being discussed in length (even here on techdirt), it's a nice consolidation of the ideals Hollywood wants with the FCC to stop innovation.
(reply to this comment) (link to this comment)
legislating to protect a business model
"legislating to protect a business model"
That's only what it seems to be. What it really is, is a death gasp of an industry that had provided a service that is no longer needed. There is now technology that allows artists to sell their products directly to their customers. No "middle man" required. Society has moved on without the horse and buggy.
(reply to this comment) (link to this comment)
Interesting view
Hollywood has made too much money to just roll over for something as simple as innovation. I have worked in the IT field for over 15 years and have seen every other aspect of everyday life change as we have looked not backwards, but ahead. If the entertainment industry wishes to keep making any money at all, they had better figure out how to turn their heads around.
It figures that the entertainment industry (which had its best ever sales via the internet this past Christmas) is busy looking to try and keep my money in their pocket. If they got their heads out of their backsides, they might see that to continue in this direction will in fact drive them straight into bankruptcy. After all if we (their consumers) innovate, we will replace them with our own technology and remove any need for their industry while still supporting our favorite artists. The MPAA and RIAA are in danger of going the way of the dinosaur.
As a further note, it is worthy to mention that the RIAA's attempt to sue people for downloading is actually against the entire premise of the internet. Every document that covers the creation of it states that it was created by the Department of Defense for the express purpose of sharing information and files. In my humble opinion the only people they have any right to harass are those who actually share out their libraries. This only cements the fact that the RIAA and MPAA are outdated and we (again, their consumers) need to find new ways of entertainment that eliminate them from the process.
It still amazes me how much of a mark up there is on music and movies. Whenever I am buying a CD, I buy it directly from the artist's site, or I don't buy it. Most of the time for me, I find a better class of music from local artists that are trying hard to make something real. When a local artist sells a CD, they make most of the profits from their sale, thus I have no issues with $15 a CD. My problem is when Best Buy and others like them can push the RIAA into a position where they are letting retailers sell CD's for a $10 profit above the cost of the CD. Nothing has changed in the last 5 years as to how we are being cheated out of our hard earned money just to have a small measure of enjoyment in life.
(reply to this comment) (link to this comment)
Re: Interesting view
Great remarks Nathaniel,
My only concern and hope is that artists can find a way to promote themselves with the power the "industry" has. Once this is available there really will be no need for the middle man.
Sales is all about marketing and marketing sells a lot of crap we don't need and leaves out what is doesn't want to bother with. If/when artists can do this effectively on a broad scale we will all benefit.
Coach Daley
(reply to this comment) (link to this comment)
Re: Interesting view
I don't know if you quite understand the music business. Retailers do not make $10 on a CD, they are lucky if they make $5. When a CD first comes out and is on sale for $14.99 (or whatever the price is) it is, most of the time, below cost and the retailer is losing money. I find it hard to believe that any retailer would have enough power to tell the RIAA what to do and still be in the business of selling music.
What you are suggesting is that every retailer that sells music, went to the RIAA and told them that they won't sell music unless they can make $10 profit. If they sell a cd for $15 and it cost $10 that means they are making roughly $10 (minus other costs) per cd. That is a return on invested capital of nearly 200% If that were the case you would expect to see businesses that deal primarily in music, like Samgoody and Down in the Valley, doing very well in business. If they had so much money due to these high profits you would expect to see them expanding to better serve their customer base.
If you haven't heard of Down in the Valley that should tell you that music reselling is not a profitable business. It is simply a way for retailers to get you into their store fronts to buy other products.
(reply to this comment) (link to this comment)
Hollywood
Well, in my opinion Hollywood has run out of creative ideas. This is evident by the explosion of so called reality programs. They pay only writers and get some "Regular Guy" to do something. Is this supposed to provide the masses with entertainment value? What ever happened to the Hollywood that produced epic classics like "Ben Hur", "The 10 Commandments", “Gladiator” and the many many others? In my opinion Hollywood SUCKS, is greedy and is just one step above toilet swill. I mean c'mon...."Broke back Mountain", the love story of two fudge packing cowboys who ruin their marriages to have anal sex is allegedly one of the best films of the year? Give me a break, maybe it is for about 3% of the general public, the rest of us are revolted and disgusted by the thoughts having homosexuality and the approval of it asserted on us. Desperate Housewives shows women that cheating, conniving and dishonesty is business as usual, it’s no wonder why more than 50% of marriages end in divorce. Hollywood is really part of the problem. For those of you who don't believe that people imitate and act out the actions of characters in Hollywood films and TV in their everyday lives are only fooling themselves. Until Hollywood starts producing better entertainment then I will continue my 12 year boycott of their Movies. Seeing them only enriches and a support the dirt bag’s that creates and promotes it and only serves to enrich their lavish lifestyles.
(reply to this comment) (link to this comment)
Re: Hollywood
You know... we were having a nice discussion here about Hollywood's lack of innovation, and attempting to legislate business models, and you have to come in here and drag homosexuality and morality into it. Ugh.
(reply to this comment) (link to this comment)
Re: Hollywood
No, not at all, I wanted to point out that they have run out of creativity and now resort to producing films about the most non-mainstream topics, and what crap they do present serves only to destroy our society. Do you actually expect me to believe that Hollywood represents most of America? They have to idea on how to produce entertainment that will bring the masses of families back to the theatre and obviously have no intention of doing so. To top it all off, they want this legislation? Its not about morals, it’s about the quality of entertainment they produce and nothing more.
(reply to this comment) (link to this comment)
Re: Hollywood
I'd like to think that in todays society, you would welcome the change. Non-mainstream? Look around you. Being gay is now more out there (than let say, bashing President Bush) and is being talked about more and more. Look at you, you even stated something about it. Wether or not you like it, being gay and gay rights are going to stay in the public eye for a very long time. Its as controversial as religion or Tom Cruise :). I'm pretty sure if you looked hard enough you would find that you know someone gay. Would you call them a fudge packer? There are better ways to call someone gay and not take a shot at them. I think Ang Lee was brilliant for making this movie, and to take a step up and be different and daring.
(reply to this comment) (link to this comment)
Re: Hollywood
Ok then lets put 2 of you gay peeps on an island and lets see if in 20 years there would be any human left on the island. Gay this gay that. If its natural, then why is it such a big deal. I am straight do i tell everyone im straight, do i write books on how straight i am.
(reply to this comment) (link to this comment)
Re: Hollywood
(reply to this comment) (link to this comment)
Re: Hollywood
" I am straight do i tell everyone im straight, do i write books on how straight i am. "
-No, you just take random potshots at people who aren't straight in a context that has absolutely nothing to do with it. For myself, your opinion might have mattered if your own agenda and lack of exposure to the vast diversity that is human culture hadn't shone through in your post.
(reply to this comment) (link to this comment)
Re: Hollywood
(reply to this comment) (link to this comment)
Re: Hollywood
"Sara said "Wether or not you like it, being gay and gay rights are going to stay in the public eye for a very long time."
Gay rights are the special rights that gays want to protect themselves with more consideration than heteros. They and they liberal buds can paint a picture of discrimination and the neeed for extra protections but the fact is, like it or not if it's now normal, then they deserve nothing more in the way of rights than anyone else. Instead, they want it both ways.
(reply to this comment) (link to this comment)
Re: Hollywood
"What the hell is "Gay Rights?" Last I looked Gay folks aren't aliens so the Equal Rights amendment covers them too. It shows how ignorant people are of the rights we ALL have living here in the US."
You ever seen the way most people in this country treat homosexuals? I don't call that equal.
What the hell is Gay Rights? Maybe...the right to get married, and have the same tax deductions available to them that other couples have?
Has anyone ever considered that banning gay marriage is a gay tax?
Hell, the fact that Hollywood can't make a movie about gays without pissing off Christians shows that they don't have the same rights.
(reply to this comment) (link to this comment)
Re: Hollywood
You would think it's brilliant. The sad commentary is that that movie is the ONLY original piece of film this year and I have no interest in some gay cowboy freakshow.
Being gay is being forced on people, I suspect the vast majority of us are apethetic to it and happy to ignore it's presence.
(reply to this comment) (link to this comment)
Re: Hollywood
>> resort to producing films about the most non-mainstream topics
you need to open your mind. I can't believe that people are so closed minded that they need to have everything be mainstream. How fucking boring.
My complaint about hollywood is that they are redoing the same movies with the same plots over and over again. While I don't think brokeback is terribly exciting, the last thing I will ever complain about is someone not being mainstream. There are plenty of avenues to attack this movie from and you chose to paint yourself as an uneducated redneck. Would you really be satisfied if all they ever made were a bunch of Jesus flicks.
(reply to this comment) (link to this comment)
Re: Hollywood
>>And the epic classics that I mentioned in my previous post were not meant to be religious in nature; there are several classics, such as the Godfather, Gone with the wind, Finding Nemo and many many others where the filmmakers relied upon the quality of acting instead of provocative storylines or fancy special effects."
2 words: Quentin Tarantino. << br>
Typical Americans.
Any thing to do with sex is taboo and must be expunged from public view.
Graphic and extreme violence is however considered a classic / epic.
(reply to this comment) (link to this comment)
Re: Hollywood
i second that.
(reply to this comment) (link to this comment)
Re: Hollywood
I couldn't agree with you more. Hollywood is so far removed from "reality" it's not even funny. The day I heard some actor (I can't remember who it was) say that the part of the country between L.A. and New York was just fly-over country, I lost all respect for the entertainment industry. If everyone would just boycott Hollywood and spend more time with family and friends (the "real" things that are more important in life), this country could get back on track.
Great post Andy!
(reply to this comment) (link to this comment)
Re: Hollywood
I'd just like to say that I'm proud to be in that 3%. (Where do you get your statistics, by the way?) However, I don't think 3% of the population liking a film is going to send it shooting to the top. Maybe, just maybe, it really is a good film. Of course, you will never know, being that your 12-year boycott is going to continue to nourish your small mind. I can understand not wanting to feed your obsession with anal sex, I mean c'mon, you even tossed "fudge packing" and "anal sex" into a discussion about Hollywood and innovation (or the lack thereof.) Seeing your high praise of religous smut as "The 10 commandments" only cements in the fact that you are a closed-minded and hateful bigot of a man who's daddy didn't love him. Or maybe you're just afraid that someone will find out about your undying love for the male anus...
(reply to this comment) (link to this comment)
Re: Hollywood
;-)....i could not have said it better myself...
(reply to this comment) (link to this comment)
Re: Hollywood
don't we sit upon high...
(reply to this comment) (link to this comment)
Re: Hollywood
(reply to this comment) (link to this comment)
Re: Hollywood
Truth is to Liberals as Kryptonite is to Superman. My whole point in my post was this, EVERY problem we face today as a culture, crime, theft, drug abuse, cheating, lying, harming other, murder, rape, general dishonesty, corrupt business, corrupt politics, etc, etc, etc are all issues related to behavior. People have a choice in the way they live their lives. Most choose to marry, start families, build a career, develop themselves with culture and art, raise their family and do it all while being a law abiding citizens. Still there are those who choose to live their lives by being deceitful, hateful and abusive to others and only after getting into trouble or being discovered, they try to justify or excuse what they have chosen to do by hiring a fancy attorney to make an excuse, or claim a “Twinkie Defense”. This is pathetic. I think that Hollywood provides inspiration for ANY and all behavior and then they claim that it’s normal when nothing could be farther from the truth. Back to the Brokeback point, man is a mammal with strong heterosexual instincts. For those who chose to live as homosexuals it’s everything to claim that being gay is a normal. This DOES sicken the majority of America. There are 300,000,000 people in this country; I find it difficult to believe that more than 3 % or 9,000,000 people in this country are gay. This is a fallacy perpetuated by Hollywood to force the rest of us to believe that behavior like that is normal. The message they are sending is sick and trying to legislate themselves into a catbird position to continue to make money from the masses is typical. This is not bible thumping, its just my common sense opinion. And the epic classics that I mentioned in my previous post were not meant to be religious in nature; there are several classics, such as the Godfather, Gone with the wind, Finding Nemo and many many others where the filmmakers relied upon the quality of acting instead of provocative storylines or fancy special effects.
(reply to this comment) (link to this comment)
Re: Hollywood
It's interesting that you've chosen the particular words "Twinkie Defense" to make your point. The notion of the Twinkie Defense stems from the 1979 murder trial of Dan White. He was convicted of sneaking into the San Francisco City Hall and assassinating then Mayor George Moscone and city supervisor Harvey Milk, the first ever openly Gay elected official in US history. His killing spree was triggered due to Moscone's denial to reinstate White after he resigned in a tantrum over the adoption of a city gay anti-discrimination ordinance. I'm sure that you can pick a better way to describe your point about personal responsibility without appearing foolish for citing a particular case where responsibility was shirked by a particular "White".
(reply to this comment) (link to this comment)
Re: Hollywood
Dan White denied responsibility by claiming that the effects of eating Twinkies for 20+ years influnced his descision to go on murderous rampage. This is pathetic as he won. Is this what our country has come to. A place where anybody does anything they want because its not their fault?
(reply to this comment) (link to this comment)
Re: Hollywood
>>Andy Mesrobian >>homosexuality == heinous, immoral relations
I understand you must dehumanise gays as to put them beyond god's mercy and grace, so that their lives lose value and your choice of lifestyle is validated, but this is not the place.
By the way, whom are you, mere mortal, to interpret god's design or intentions?
As Jimmy Carter said "When will America realise that when our forefathers said 'freedom and justice for all', all meant ALL."
I suppose you are just following the Bibles example of god's intolerance in 2 Kings 2:23-24.
I however prefer Epicurus's paradox.
Is God willing to prevent evil, but not able? Then he is not omnipotent.
Is he able, but not willing? Then he is malevolent.
Is he both able and willing? Then whence cometh evil?
Is he neither able nor willing? Then why call him God?
(reply to this comment) (link to this comment)
Re: Hollywood
I think most of you are missing the REAL point here. Twinkies are inherently bad. They taste nothing like they used to taste when I was growing up, they've cut down on the amount of delicious creamy filling and why must the bottom of the cake (the best part in my opinion) always stick to the cardboard? I think they've sloooowly altered the recipe to include a behavioral modification ingridient that promotes both tooth and moral decay. And is probably directly related to homosexuality.
I'm just saying.
(reply to this comment) (link to this comment)
Re: Hollywood
wow! o!
(reply to this comment) (link to this comment)
Re: Hollywood
"Truth is to Liberals as Kryptonite is to Superman. My whole point in my post was this, EVERY problem we face today as a culture, crime, theft, drug abuse, cheating, lying, harming other, murder, rape, general dishonesty, corrupt business, corrupt politics, etc, etc, etc are all issues related to behavior. People have a choice in the way they live their lives. Most choose to marry, start families, build a career, develop themselves with culture and art, raise their family and do it all while being a law abiding citizens. Still there are those who choose to live their lives by being deceitful, hateful and abusive to others and only after getting into trouble or being discovered, they try to justify or excuse what they have chosen to do by hiring a fancy attorney to make an excuse, or claim a “Twinkie Defense”. This is pathetic. I think that Hollywood provides inspiration for ANY and all behavior and then they claim that it’s normal when nothing could be farther from the truth. Back to the Brokeback point, man is a mammal with strong heterosexual instincts. For those who chose to live as homosexuals it’s everything to claim that being gay is a normal. This DOES sicken the majority of America. There are 300,000,000 people in this country; I find it difficult to believe that more than 3 % or 9,000,000 people in this country are gay. This is a fallacy perpetuated by Hollywood to force the rest of us to believe that behavior like that is normal. The message they are sending is sick and trying to legislate themselves into a catbird position to continue to make money from the masses is typical. This is not bible thumping, its just my common sense opinion. And the epic classics that I mentioned in my previous post were not meant to be religious in nature; there are several classics, such as the Godfather, Gone with the wind, Finding Nemo and many many others where the filmmakers relied upon the quality of acting instead of provocative storylines or fancy special effects."
2 words: Quentin Tarantino.
(reply to this comment) (link to this comment)
Re: Hollywood
For having such a long boycott of holywood you sure pretend to know quite a bit about modern entertainment.
The movies you mentioned are mass produced uncreative Christian historically inacurate crap. As far as brokeback, who gives a shit. If some fag wants to write a movie about homos and someone else wants to see it, then welcome to capitalism.
(reply to this comment) (link to this comment)
Re: Hollywood
LoL seems Hollywood cannot win
Either gets bashed for making unimaginative crap or sequel after sequel or makes something original like brokeback and gets bashed for the subject matter
Does the subject interest me? No, movie about modern day gays might have, movie about cowboys might have, but gay cowboys? No thank you (though was dragged to see it by the better half)
But at least it is reasonably original
What I do find very indicative of the industry is the massive accolades the movie is getting though, ok it's not a bad movie, but neither is it very good (as one critic said it's about 20 mins to long and I could not agree with him more).
So why all the rave reviews? In my mind due to two things, obviously first off politically correctness but secondly and just as importantly, it probably is one of the top movies in the last 12 months, but that’s not saying how good the movie is, just how poor everything else Hollywood has been dishing out
(reply to this comment) (link to this comment)
Re: Hollywood
You nailed it!!! Briliant Hollywood just needs to go fuck a goat and stop jerking off to gay porn. What happened to American Classics like Harold and Kumar and Dude Where's My Car? Huh, and those were damn good movies too! I HATE FAGS!!
(reply to this comment) (link to this comment)
No Subject Given
Indeed, it seems that the movie industry and the music industry are in serious throes of change. I believe that they have not experienced the complete depth of change because they have not been in a position where they must change.
However, a sea change is in motion - an irreversible sea change: Distribution is very different; consumers are very different.
I honestly believe that the movie industry (and the music industry) will evolve in a good way – and very soon. It is in their best interest to figure out how to remain solvent and profitable in a new age of networked, electronically-advantaged consumers. As the baby-boomers (here in the U.S.) age out, the remaining generations will vote not only with their pocketbooks, but with their hearts and loyalties too.
Studios/labels/production companies that seek to understand newer generations of entertainment consumers will be rewarded with revenue. Those businesses that insist that their customers bend to an antiquated business model will not be rewarded with revenue.
Hollywood, the film industry, and the music industry are not evil – nor are they deserving of a business crash. Rather, they are just like every industry and business in the world today – facing huge change. I, for one, hope they figure it out soon.
(reply to this comment) (link to this comment)
RE: Hollywood Looking To Legislate History Into Pl
RIAA and the rest of them, will never understand nothing until someone makes a law to protect the consumer's rights.
(reply to this comment) (link to this comment)
Typical
What do you expect from ivory tower land where homosexuality is moral and those who dare to aver that absolute morality exists are considered dangerous and evil?
In a related story, Borkeback Mountain, a putrid film about gay cowboys who cheat on their wives, destroy their families, and engage in heinous, immoral relations, is being called, "The most beautiful love story ever filmed." (look it up) Why? Does the movie have merit? Perhaps, but it is not nearly the cinematic watershed it is being hailed. Rather, you have a group of people with a political agenda who think that if enough people say positive things and enough awards are heaped on it, then homosexuality will be accepted by society. This is the thinking of the people in Hollywood. The same type of thinking that leads to the belief that using legislation to keep antique laws in place is best for everyone.
Hollywood has decided that America is going to follow their monopolistic, anachronistic ideas about DR in the same way that it has dediced that America is going to accept homosexuality or be damned (name me one current TV show that DOESN'T have a gay character). How ironic!
Burn, Hollywood, Burn.
(reply to this comment) (link to this comment)
Re: Typical
I love it. Anything that pisses of people like you. Seriously you care too much about some bullshit movie. I totally didn't care about this movie one bit, but now seeing how many christians are so mad about it, I think it's the greatest thing.
you know people used to say name one tv show that doesn't have a black character. How about naming a tv show that uses a gay character for anything but comic relief.
None of the shows I watch have a gay character, you must be attracted to them. The tv show I'll be watching to day is called NFL playoffs.
(reply to this comment) (link to this comment)
catch 22
it's funny that there are so many critics on the hollywood machine, but hardly any tech people in it ;). Over the last 50 years, studio content whether good or bad has given us the ideas that made the tech revolution happen.
It's true that the machine has lost quite a bit of creativity and "out of the box" mentality--likely due to technology creating global and independent competition, such that due to the nature that most studios are investor-owned, greed has trumped QUALITY. Taking risks (lots of tech layoffs the past few years has everyone jumpy) is minimized. And the tech industry deserves some of the blame--we all know the dotcom boom was a just full of CS grad joe-hot-shot wanting to make a million bucks at all costs (we all wanted to be Bill Gates with a MONOPOLY over everything). Basically, as the saying goes, content is king and the studios know it,and it's a hard problem fellas. We all have 1 favorite movie over the last 50 years--the system does work--so instead of whining, why don't we supply some real solutions instead of the MS mentality of "rebooting" to solve these problems.
(reply to this comment) (link to this comment)
Re: catch 22
(reply to this comment) (link to this comment)
No Subject Given
How did this turn into gay-bashing?
I don't like how a link was formed between corrupted business operations and homosexuality. Yes, it's a gay cowboy movie. So what? We have movies about enough of other things. I don't see why this movie should change any of it. And all the people telling everyone else how sick and disgusting this movie is ... have any of you watched it? read the story? know the story?
I mean, you can say, it's about two guys who destroy their marriages for anal sex ... but ... do you realize how perverse you made the story sound? It's about two people being forced into believing that what they're doing is wrong. They're pushed into loveless marriages and denying who they are.
Granted, I did not enjoy the movie for other reasons but I will still vouch for its right to be shown.
*sigh*, it's 2006 now ... I thought people were a lot more tolerant and accepting ... I guess we still have a long way to go.
(reply to this comment) (link to this comment)
Re: No Subject Given
thats because it is wrong
(reply to this comment) (link to this comment)
Re: No Subject Given
I lived in San Francisco for over ten years and saw stuff taht would make any person sick. People being addmitted into the hospital for having a toaster stuck in their rectum, and much worse than that. If you believe taht this is normal human behavior and it should be celebrated and shown to the entire world, then my choice is to ignore it. Where do we as a culture draw the line? when people marry aniumals because its considered normal?
(reply to this comment) (link to this comment)
Re: No Subject Given
The gay bashing is irrelevant to the greater point. Brokeback gayfest is the only original idea this year, and guess what, it sucked.
(reply to this comment) (link to this comment)
8 mile
Hi i just love watching the movie 8 mile because i just love eminem the rapper dude.
(reply to this comment) (link to this comment)
No Subject Given
There's absolutely no way for me to convince you otherwise and the converse is also true.
However, you do realize not ALL gay people stick toasters up their rectums right?
(reply to this comment) (link to this comment)
No Subject Given
I lived in San Francisco for over ten years and saw stuff taht would make any person sick. People being addmitted into the hospital for having a toaster stuck in their rectum
Damn, I was hoping nobody had seen me.
(reply to this comment) (link to this comment)
Add Your Comment