trying to navigate a cluttered mind / life

Tuesday, January 03, 2006

The MPAA made me break the DMCA

I've never really understood the appeal of downloading movies. I have several friends who do so using their PCs, and 95% of the downloads they attempt end up being intentionally mislabeled porn titles, attempts at distributing malware, or foreign language (or badly recorded) versions of the movies they're trying to get.

To me, it just seems like less hassle to buy or rent DVDs. After all, most DVDs can be purchased for under $20 or rented for a fraction of that using a service like NetFlix.

However, I've noticed a trend in DVDs lately, and it has driven me to the point of purchasing a DVD burner and DVD copying software and just abandoning the idea of ever purchasing movies from certain studios again. What I'm referring to are the previews and warnings that precede the actual movie (or menu) that are coded in such a way as to not let you bypass them using the "Menu" button.

If I've just shelled out $19.99 to buy a DVD for my family (or myself), I should be able to view the enclosed content in any way I like...in fact, I should be able to do anything I want with that content, short of using it commercially or distributing it illegally. My purchase of the media gives me Fair Use rights.

Apparently, the MPAA doesn't see it that way. It seems that they want to FORCE me to have to watch the MTV-ish "Piracy Is Stealing" short that they hobbled together, as well as previews for other DVD titles that are presumably configured in the same manner.

Here's what I'm talking about; I'm sure you've seen it in front of movies in the theater or on DVDs in recent months:

(cue aggressive techno music)

(grainy, jerky hand-held shot of someone breaking into car)
You wouldn't steal a car.
(grainy, jerky hand-held shot of someone stealing a purse)
You wouldn't steal a purse.
(grainy, jerky hand-held shot of someone taking a cell phone)
You wouldn't steal a cell phone.
(grainy, jerky hand-held shot of someone shoplifting a DVD)
You wouldn't steal a DVD.
(grainy, jerky hand-held shot of a street vendor set up selling bootleg DVDs)
Buying pirated films is stealing.
Stealing is against the law.

Piracy. It's a crime.


And, inexplicably, it's followed by a warning that seems to be unrelated to "buying pirated films":

[ I ] Illegal Downloading. Inappropriate for All Ages.
(cleverly designed in the format of a movie ratings bar).

(I say "unrelated," because I would think that someone buying pirated movies from a street vendor would be doing so because s/he didn't know how to download them illegally.)

It goes on to show a montage of several other films that are coming out on video. While I can't escape the previews using the "menu" button, I am able to skip these (how considerate of them).

So, what pirate-bait title could this possibly be? An action-adventure or sci-fi epic? No, this title is Robots, the 2005 computer animated film that's rated PG, but clearly marketed towards children.

My wife took our 5-year-old daughter to see Robots this past summer, and they both loved it, so they found it under the Christmas tree this year. Now, every time my daughter goes to watch the DVD, she has to sit through the piracy warning and lame previews for Garfield and Fat Albert before she can actually see her movie. That's about 5 minutes of anxious, wasted time every time she watches the movie.

The movie that we purchased. Legally.

"Daddy, I don't want to see this part again. I don't like it."

"I'm sorry sweetheart, I can't make it stop. We'll just have to wait."

"Why does it do that?"


I'd explain it to her, but I don't think she could wrap her 5-year-old mind around the DMCA and the related undertones of corporate greed and paranoia.

So, I've bought a DVD burner and some "backup" software, and I'm going to make a copy (of a movie I own) without all that crud in front of it. And in doing so, I will be violating the DMCA (or so I understand...I don't actually feel like reading the whole thing just to support this blog entry). Congratulations, entertainment industry: you've alienated another customer.

Now, the news outlets are reporting a 7% or so drop in movie ticket sales for this holiday season, and people are starting to point the blame at piracy. I don't buy it, and here's why:

DVD player sales have reached a near saturation point, and large screen TVs are starting to drop in price and sell in greater numbers. While I don't think that piracy is blameless, I don't think that it has the impact that the MPAA seems to suggest. I think a large part of sagging ticket sales is the fact that more and more people prefer to spend their money on a DVD and enjoy movies with friends and family at home. It's much cheaper that way, too. Let's compare watching a movie at the theater vs. watching the DVD at home:

Tickets (Family of 4)
(2x) Adult tickets at $9 each.
(2x) Child tickets at $6 each.
Total ticket price: $30

Snacks
1 Large popcorn (for the adults): $5
1 Medium popcorn (for the kids): $4
2 large sodas (adults): $4
2 small sodas (kids): $2
Total snacks price: $21

Total cost for night out at the movies: $51


Plus, you might have to deal with projector problems, incessant talkers, cell phones, and other distractions...and you can't pause or go back if you need to run out of the theater for any reason (like taking one of the kids to the bathroom).

Now, waiting until the movie comes out on DVD, the cost would be much less significant:

Buying a DVD: $20
Microwave popcorn: $5 (for everyone)
A couple of 2-liter sodas: $3

Total cost for DVD for the family: $28


Plus, you usually get extras on the DVD, the comfort of your own home, the ability to pause if there is a distraction, you get to make whatever you darn well want to eat or drink, and you don't have to pay to see the movie again if you want to watch it over and over again.

Another factor worth mention is that there are an awful lot of movies being made lately. Many people can only afford a night out at the movies every now and then, so when it comes to making a choice which movie to see, they'll choose the ones they really feel strongly about seeing in the theater, knowing they'll be able to catch the others on DVD in a few months.

So, is it piracy that's eating into ticket sales, or is it a fundamental shift in the way people enjoy movies? Given the factors listed above, I think it's the latter.

The entertainment industry (music and movies, in particular) needs to learn to adapt, and adapt soon. Apple has taken the leadership position in the digital music revolution, and it looks as though they're about to take digital video by storm, as well. Apple seems to have figured out the new entertainment paradigm, and they have reaped from it handsomely.

And at first, the music companies were clamoring to line up to get on the iTunes Music Store. Recently, though, it seems they're questioning the pricing model (it seems they want to charge more for "premium" content) and threatening to back out.

Here's a hint to entertainment industry executives: it took an outsider to figure out how to adapt to the new digital ecosystem. Don't look a gift horse in the mouth. Like Steve Jobs said not so long ago...you're competing with piracy. Even with a successful business model like iTunes, you're competing with free (albeit illegal) file distribution. You can adjust to placate the masses that want your content digitally, or you can watch helplessly as you are file-shared out of relevance. Sure, there are a lot of people swapping music and movies online, but most of those people either (a) already saw the movie in the theater, or (b) weren't going to pay to see it anyway. There are very few (at least in my experience) who download and burn movies to keep in their video library...it's just not practical. Real film fans are going to see movies in the theaters and buy the DVDs, especially if they continue to offer compelling extras on the DVDs (give yourselves some credit for getting that content distribution model right!).

However, if you continue on your paranoid and greedy path of treating every consumer as a criminal, you may just well be creating a self-fulfilling prophecy. Sony is learning that lesson right now. Sure, it's costing millions to settle the CD rootkit fiasco, but how much has been lost in bad faith by the public? I don't think that's measurable.

...but then again, what do I know? My wife just came home with a new Sony DVD player.

5 comments:

Anonymous said...

$9? What bargain movie theater do you go to? It's $10.50 here in San Francisco, much more if you want to see it in IMAX. (Which is probably the only movie experience worth going to anymore given the low-res low-illumination digital projectors in common use now.)

Anonymous said...

Dude, you've pretty much covered what I've been telling people for nearly 10 years now, in one form or another.

The movie experience used to be a lot of fun for me, but it seems movie theaters are terrified of tackling the "obnoxious" factor. I think in large part it's due to a fear of being sued ("they maligned me by saying I couldn't talk to my girlfriend in the movie theater!").

What's especially galling is that the studios don't even notice the obvious: Ticket prices went up, the experience isn't as enjoyable (especially if we're forced to sit through COMMERCIALS for the privilege of seeing the latest release!), and suddenly the box office isn't what it was the year before.

It must be PIRACY!

Pitiful.

The DVD situation is also remarkable. I don't think anyone noticed that you couldn't skip the equally obnoxious FBI/Interpol warnings, simply because they were gone after about 30 seconds. The "don't steal" video is, at least, almost understandable (if disingenuous -- almost every example they give involves physical property, and not a copy that detract not a single unit from somewhere else). But FORCING people to watch previews that become increasingly irrelevant over time?

Even MORE pitiful.

I haven't bought a single CD in years because of the attitude of the so-called RIAA. DVD's at least struck me as a good value for the money. The only upside is that several congress-critters have come to recognize that the DMCA needs to be amended so that people like you and me aren't breaking the law by using our property as we see fit.

Anonymous said...

I just took my kids to the movies a few days ago. It was 27.00 for tickets (9 for each adult and 4.50 for each children) and the snacks were 24.00 or total cost 51.00.

I have to agree, I am not taking them again anytime soon. Its cheaper to rent from netflix, and its not as enjoyable (not like the drive ins of 20 years ago).

Anonymous said...

You have it mostly right... The only part you left out is the fact that you don't have to wait very long for the DVD release. It used to be a year or more. With that long of a wait time people were more likely to go to the theater. Now I hear people say they will just wait. It will be out in 2 or 3 months...

The studios are killing theaters slowly but surely.

Steve K. said...

You forgot to include gas to and from the theater.

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