What Content Can NOT be Pirated, Is still 100% Free and Millions of People See DAILY?
It’s not the movies. They are all over everywhere. It’s not music. It’s not photo’s or documents. C’mon…Its TELEVISION! What I mean is this: TV isn’t pirated out of the box because the episodes of LOST or V or the last NY Giant football game (sorry, I’m a fan) debut on TV. I can’t find the upcoming episode of V which is on ABC tommorrow -10/10/09 – on any torrent or newsgroup. It may show up AFTER its debut on TV, but never before. There are no ‘screener’s’ floating around the newsgroups. This being said, the content on these networks becomes all that much more important. And, I believe because its so accessable, that’s one of the reasons its NOT on the newsgroups or torrents as much as the movies and music are.
-Coming up:
Wal-Mart and Target – The last DVD standing
Academy Award screeners 2009 online tally
This says it all.
Yesterday saw the announcement of the 2009 Oscar nominees. This year there were 26 movies put forward, and by nomination day, 23 of them were already being shared online in DVD quality, many of them copies of voter’s DVD Screeners.
Last year we took a look at the excellent research carried out by Waxy’s Andy Baio, as he provided detailed piracy stats for every Oscar-nominated movie since 2003. Andy contacted us to announce that he’s been working hard again in 2009 – we take a look at his findings.
For the 2009 Oscars, 26 movies were nominated. In alphabetical order they are: Australia, Bolt, Changeling, Defiance, Doubt, Frost/Nixon, Frozen River, Happy-Go-Lucky, In Bruges, Hellboy II, Iron Man, Kung Fu Panda, Milk, Rachel Getting Married, Revolutionary Road, Slumdog Millionaire, The Curious Case of Benjamin Button, The Dark Knight, The Duchess, The Reader, The Visitor, The Wrestler, Tropic Thunder, Vicky Cristina Barcelona, Wall-E and Wanted.
Of these 26 movies, 25 were available online by yesterday’s nomination day – only Rachel Getting Married made the date piracy-free. An MPAA-worrying 23 of these were downloadable in either DVD Screener or Retail DVD format (Region 5 included). In the past months many of the nominees appeared in our weekly download charts, with The Dark Knight as the absolute winner topping 7 million downloads in 2008.
Of course, the MPAA is always keen to point to the ‘evils’ of camcorder piracy and has clamped down heavily on this in recent years. However, it doesn’t seem able to deal effectively with its own internal issues. Of the 26 nominated films, 20 were distributed to Oscar voters in DVD Screener format. Many of them leaked onto the web, with the exceptions countable on one hand.
In 2003 the MPAA temporarily banned Oscar screeners to prevent them from leaking, but this decision was eventually reversed. Since then, the industry has touted technical solutions such as Cinea to protect their content, but for various reasons it hasn’t stopped the leaks. This year the average time from DVD Screeners being delivered to voters and subsequently leaking out to the web, was just 6 days.
Written by enigmax on January 23, 2009
The video industry may be encouraging the very behavior they seek to stop.
A very good article from Rob Griffiths at Macworld. Its worth reading because he’s on the money here. Furthermore, what he does not mention is that a lot of the piracy actually stems from the employees at the studios themselves releasing DVD screeners out onto the web.
As a consumer of audio and video in many forms—CDs, DVDs, and online purchases—I find it interesting to watch as the various media businesses adjust to life in a digital world. On the music side of the world, it seems that (slowly but surely) they’re starting to “get it.” Consumers don’t like to be hassled by digital rights management (DRM), they want to pay a fair price, and they want to use their music on devices they own without worrying about format, rights, or permissions issues.
For the longest time, the music industry insisted on copy protection for online music sales, even though (higher quality) CD versions of that same music were (generally) shipped without any form of copy protection.
So at first, everything you bought from the (then) iTunes Music Store was protected by FairPlay, Apple’s generous (but still restrictive) DRM solution.
In June of 2007, though, the first chinks in the DRM armor appeared, with Apple and EMI announcing iTunes Plus, DRM-free music at higher bit rates for $1.29 per song, versus the 99 cents per song for the FairPlay-protected versions.
Then, in September 2007, Amazon launched its own MP3 download service. Unlike the iTunes Store at the time, music in the Amazon MP3 store was (and remains) completely free of DRM. As a consumer, I was intrigued, and tried it out. While the Amazon MP3 store can’t rival the rich experience you get in the iTunes Store, it’s not a bad solution, and its download tool automatically adds my purchases to iTunes.
Finally, to put the proverbial nail in the DRM coffin, Phil Schiller announced at this year’s Macworld Expo that the iTunes Store was going DRM free—at the expense of Apple’s one-price-fits-all strategy. Over the next few months, the entire 10-million-strong iTunes Store music catalog will migrate to DRM-free versions (at higher bit rates)—Apple claims that more than 80 percent of iTunes music is available now in iTunes Plus format.
As a music consumer, I’m thrilled with this—no more do I need to carefully manage my authorizations for music playback amongst the various machines I use. I can burn anything I want, back up my songs without having to re-rip them, and generally not think about what happens to my music if the iTunes Store ever vanishes. With one click of a button, I can upgrade my entire library and be done with DRM…in theory, at least. (Of course, there are some issues with the upgrade plan, but it’s still better than DRM-encoded music.)
So it seems, finally, the music industry gets it. Given the chance, consumers will pay a reasonable price for unprotected, high quality music that they can use as they wish. Unfortunately, the video industry hasn’t yet apparently seen even a flicker of such enlightenment in the distance. You can see evidence of their confusion all over the iTunes Store, starting with iTunes Plus.
What about video?
iTunes Plus applies only to music in the iTunes Store, not to video (or audiobooks, for that matter). So while my music will be “free,” I’ll still be messing with authorizations for the video content I purchase from the iTunes Store. That’s unfortunate, and strange, given that the large size of movie files means they’re typically harder for consumers to distribute than relatively small music files.
Why is an HD movie different than an HD TV show?Beyond iTunes Plus, you can see more confusion in the handling of high definition (HD) content on the iTunes Store.
You can, for instance, purchase a TV series in HD and watch it on your Mac or Apple TV…but you can’t purchase an HD movie at all, and you can only rent them on an Apple TV, not a Mac. Why? What’s different about an HD TV series and an HD movie?
From my chair at least, nothing. I know, behind the scenes, they’re controlled by two very different entities, but as a consumer, such things shouldn’t matter. When I want to purchase HD content, I want to be able to use it on whatever device I wish, and transfer it easily between all such devices I own. The current model is just completely confusing, and makes no sense.
Of video and piracy
It really makes no sense when you consider that the video industry is taking these protective steps against those who are probably least likely to steal their content—consumers who have decided to purchase through the iTunes Store. We’ve made a conscious decision to buy our audio and video through the iTunes Store, and yet the video industry treats us as though we’re all pirates foaming at the mouth, ready to upload our freshly-purchased content to every pirate server in the known universe.
One way to really alienate your customers is to treat them all like thieves and criminals. (I’m not sure the music industry has fully learned this lesson either, given some of the RIAA’s tactics…but at least record companies are making strides on DRM.)
If I want to steal a movie, there are many ways to do so quickly and easily, as seen in the image at right. Using Tropic Thunder, the movie in my sample image above, it took all of one Google search to find literally dozens of different versions of the film, with varying levels of quality and features.
Quite ironically, a stolen movie is actually easier for the consumer to use than a legitimately-purchased copy of the same movie. A stolen movie won’t be DRM-protected, may be encoded at a higher bit rate (better quality) than a purchased version, and can be easily played on any device capable of playing back video. Why is it that pirates are rewarded for their actions, while legitimate consumers are punished and treated as if they are pirates? By making it difficult for honest consumers to purchase and use their products, the video industry may be encouraging the very behavior they seek to stop.
The pricing issue
My final annoyance with the video industry and the iTunes Store has to do with the pricing of TV series—another behavior that may drive otherwise honest consumers to take dishonest actions. The new season of 24 started recently, and for better or worse, it’s a series I enjoy watching. Given how much time I spend in front of the machine, however, I thought that maybe I’d purchase the 24 Season 7 HD season pass from the iTunes Store.
Then I saw the cost, a whopping $68, and changed my plans. Nearly $70 for something that has no physical media, would be very difficult to resell (is it even possible?), and is encumbered by DRM! You can’t even burn it to a DVD for use away from a computer or Apple TV (even the non-HD version is expensive, at $45, and non-burnable, like all iTunes Store videos). So I’d be paying $70 for basically nothing more than the right to watch the video on my Mac, iPhone (non-HD, of course), or Apple TV. (Even old versions of TV series are outrageously priced—the seven-year-old 24 Season 1 (non-HD) is still $40!)
As it turns out, I can actually watch 24 for free (and legally) on Fox’s Web site—and in full-screen mode, the video looks quite nice even on my 23-inch LCD. Sure, it’s not available on all my devices, but if what I really want to do is watch something on my Mac, free sure beats $70.
If I really want 24 on all my devices, and I find the $70 to be a huge burden, another quick trip to Google finds that all four episodes of the new 24 season are readily available online. Legal? Not even close. A tempting alternative for those who aren’t able to afford $70, or perhaps live outside the geographically-restricted area where they could buy 24 even if they wanted to? You bet.
So by pricing the season at a somewhat ridiculous price point, Fox has not only lost a sale, but has probably encouraged people who would otherwise give it money to go find alternative solutions. For me, I would’ve gladly paid about $30 to $35 for the season pass—the ability to watch on any device would be nice, and I’d love to feel like I’m supporting the series.
Instead, I’ve chosen to do what I’ve done the prior years—record 24 on my Tivo, and then watch it (skipping commercials) on the big screen. Not as convenient as having it available everywhere, but $70 is simply well past my cutoff point for a convenience cost.
Some shows get it, it seems. You can buy 16 30-minute episodes of The Daily Show for $10, or about $1.78 per hour of entertainment. Contrast that with 24, which will cost you $3.80 per hour (I’m using the actual show lengths here, i.e. 21 minutes or so for The Daily Show and 44 minutes for 24). But The Daily Show is an exception; current seasons of most TV series seem priced to dissuade purchase, rather than to encourage purchase.
I firmly believe that if the prices were to be halved, volume would increase dramatically—and it’s not like there’s much direct cost in producing the downloadable version of an already-filmed TV show, so almost all the money the studios would earn through increased volume would be profit (less what they must pay out in commissions, of course). So why are they asking such outrageous sums for current (and non-current) TV series?
Hopefully the video industry will see what the music industry has done and take steps to adjust its rules on HD content, its stance on DRM, and its pricing policies. As things stand now, however, video producers are treating their customers like thieves, and encouraging them to find alternative solutions that are less costly, unencumbered by DRM, and more agreeably priced. Some alternatives are legal, others are not…but no amount of protection on iTunes Store videos is going to change that fact. Pirates will pirate, and the current iTunes Store video rules hurt only those who seek to legitimately purchase their content.
Can you stop piracy? No. But you can slow it down BIG time.
Piracy has been a pain for many and a convenience for some. If you know how to grab full length features from the web whether its from a torrent or newsgroups and that’s the only thing that you do (not UPLOADing movies), then you’re probably safe. In fact, you’re a great ‘watercooler’ marketer for new movies in the theaters or just released on DVD. Now, it seems that Comcast will be monitoring bandwidth hogs, and slowing down those connections that real hogs….translation: anyone downloading movies and music. So, what’s the worst thing you can do to a person that downloads a screener of 
‘Gran Torino’ or 
‘Marley and Me’ today ? (Because they ARE up on the newsgroups thanks to the studios themselves – my next post, btw). SLOW his connection speed to a crawl. Simple. No technical anything needed. It will make getting these films to your home an incredibly frustrating experience. And, this will happen, eventually…. read this. (Thanks Om!)
Pirated Screeners…your ‘Christmas’ update. Brought to you by…. The Studios!
It’s Christmas time and more and more of those ever ‘elusive’ screeners are appearing now online each day (and other films too, not just screeners) . Just showing up last night and ALL in DVD Screener quality; I am Legend , Gone Baby Gone, Zodiac, Resident Evil Extinction, Stardust, The Simpsons Movie, Mr. Magorium’s Wonder Emporium, Eastern Promises, Underdog (what a waste of digital storage space), Once, The Kite Runner, 3:10 to Yuma, Atonement, The Bee Movie, No Country for Old Men, Alvin and The Chipmunks, August Rush, and The Perfect Holiday. Still MIA are (but I expect will rear their heads in a few days); Fred Claus, Enchanted, Michael Clayton, The Golden Compass, Sweeney Todd, Charlie Wilson’s War, Beowolf, P.S. I Love You and National Treasure: Book of Secrets.
The DVD screeners are nearly all ‘poached’ from someone in each studio. The screener ‘log’ number (embedded in the digital copy near the bottom of the screen) has been digitally removed so it can’t be identified as to whose screener copy it actually was.
It appears that the crop of pictures are as robust as last years and that despite numerous anti-theft measures by each studio, films STILL make it out the door. Some are Region 5 copies, most are dvd screeners, internal to each studio. However, with the demise of Kazaa and Limewire in the past year and half, the distribution of these ‘pirated’ copies has diminished. The reason being that Kazaa and Limewire enabled the non-technical consumers to be able to download a copy of anything with only 1 click. Getting films such as the ones I’ve mentioned above now from newsgroups requires a pretty sophisticated and long process and some technical understanding and expertise. Most of this is well beyond the masses online. That’s the good news. But in truth, these ‘advance’ screeners end up being discussed and chatted about online much like topics you might discuss around the proverbial ‘water cooler’ at your office. These discussions (positive or negative) filter down into people’s blogs, messageboards, IM chats and eventually get swept up onto Google somewhere giving that film some additional exposure it never would of had through traditional channels. After all, isn’t that what each studio tries to do with all of their content when its released, ultimately promote it? Wouldn’t it be cool one day if someone at a studio realized all of this and made a film with 2 different endings (or additional scenes) to try and take advantage of this unregulated distribution ‘channel’. Purposely release the DVD screener of 1 version (ending) and then the other (the theatrical version) through normal channels. Think of the buzz and consumer demand (especially if the film was popular) to now find that other version and see the alternate ending. Of course, then they could release THAT version through traditional channels giving the studio’s perhaps a larger slice of DVD sales at retail.
The new ‘kid’ on the block
Where can you download hundreds of new movies without DRM, in the format of your choice, for $2-5.00 a pop? Unbox? iTunes? NBC Direct? Movielink? CinemaNow? Nope. None of the above. Instead, try zml.com. From the same folks who brought us ‘allofmp3.com’ (now defunct) brings us the newest thorn in the side of Hollywood, zml.com (this stands for The Movie Library). Until Hollywood shuts this one down, it is the newest equivalent to what Kazaa or Limewire once was – access to full, brand-new Hollywood hits available for download – except with a download ‘fee’ attached.
If you want to try this service I’d suggest getting a pre-paid Visa card because who knows what they’d do with your credit card number once grabbed in their database running out out of Russia. My sources tell me the site is up and functioning (I did not try it). From what I’ve read, it takes a little over an hour to download a full length film ( 700 meg Divx file) -this was on a DSL connection (so broadband would be significantly quicker). Formats run from Divx to iPod (mp4), PDA to DVD (vob).
These kinds of illegal movie download sites pop-up from time to time. But it seems when Hollywood legally ‘sanctions’ (officially ‘license’) a bona-fide movie download site, they always seem to shoot themselves in the foot or force the website to remain captive to its licensors (the studios) restrictive, anti-consumer un-user friendly demands which ultimately strangles the web service. Done right (which the illegal sites seem to get right because they DON’T have the studios in their faces) are the ‘key’ elements that go a long way to providing some traction and consumer popularity. These illegal sites all tend to promote 5 essential consumer ‘key’ elements that make them very attractive to use and popular. They are (1) broad choice of current or new movie’s offered + library (2) flexible choice of video formats (3) priced fairly (4) no DRM (5) ease of use
The 1 item that Hollywood can’t seem to get around is DRM. The use of DRM and the reasons why the studios insist on DRM has another solution than the “all or nothing” proposals of the past. This issue CAN be handled differently. Handling this another way would allow consumers to have the same flexibility that an ‘open’ (or non-DRM’ed file) digital file would have – complete interoperability between different kinds of hardware playback devices (DVD players, iPods, computers, etc.) AND still contain the DRM algorithm ‘flavor of the month’ that Hollywood desires. More on this another time soon.
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