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Movies Media United States

California Makes Recording in Cinema a Crime 558

Maharet writes "According to this article in the Sacramento Bee, recording devices will be outlawed and you will be able to make a citizen's arrest if you observe someone recording a movie. I don't advocate piracy, but this just looks to me like industry pressure (although the MPAA, et. al. are not mentioned). What if my cellphone has a camera? My favorite quote from an LA city attorney: 'If you carry one of these into a movie theater, you have to ask yourself, "Do I feel lucky?"'"
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California Makes Recording in Cinema a Crime

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  • by Frennzy ( 730093 ) on Saturday December 06, 2003 @02:00AM (#7646086) Homepage
    ...is there anything coming out of Hollywood that is worth recording? Well...okay...pr0n...
    • by shalla ( 642644 ) on Saturday December 06, 2003 @11:13AM (#7647748)
      Actually, I'd say the real question here is why certain industries have laws enacted specifically to protect jobs and income while other industries are forced to adopt more realistic business models in order to survive?

      I don't think we should be promoting vigilantism so studio bigwigs can rake in huge salaries. I especially object to this law because it's based on the fallacious belief that recordings made in movie theaters are the source of most illegal copies. After all, didn't the MPAA try to ban all screeners [slashdot.org] because of piracy? And don't forget about the study [hollywood.com] which said that 77% of all pirated movies came from industry insiders.

      So... why are we encouraging citizens to possibly harrass or harm others for something that is not the primary culprit in economic losses?

      Can I make a citizen's arrest of tech CEOs who outsource jobs?

      • Huh? (Score:3, Insightful)

        What do you consider a "more realistic business model?"

        I hate when Slashdotters pull this. It's the excuse for everything. MP3 piracy? The RIAA should adapt a more realistic business model! Studios putting out movies in theaters but--heaven forbid--don't want people filming it to put on the Internet? They need to adapt to a more realistic business model!

        This is really a non-story. Yes, filming a movie in the theater to put online is wrong. No sane person should be arguing against this, unless you w
        • Re:Huh? (Score:3, Interesting)

          When it comes to the RIAA, they simply charge too much money for the product. The consumer feels a bit pissed on from price fixing and falsely high prices on music.

          Music swapping will probably never die, but it also was around before the industry was making a big stink. I remember having about 200 cassette tapes, none originals back when I was a kid. About half were radio rips and the rest were copies from friends. Back then, a radio copy was about the same quality as a store bought cassette. Not that we c
  • Well... (Score:5, Funny)

    by xactoguy ( 555443 ) on Saturday December 06, 2003 @02:01AM (#7646090)
    it looks like it's going to be a lot easier to get those idiots with their cellphones on in theaters forcibly removed ;)
  • by RedHatLinux ( 453603 ) on Saturday December 06, 2003 @02:02AM (#7646094) Homepage
    by our resident lawgivers.

    Okay, first off is this really wise? I mean do you really want people make citizens arrests over movie recording. I mean if I saw someone with a cell phone equipped camera chatting during a movie I be tempted to citizen arrest them to shut them up.

    Then again maybe this is a good idea.

  • drive (Score:5, Funny)

    by 56ksucks ( 516942 ) on Saturday December 06, 2003 @02:02AM (#7646097) Homepage
    I guess all the movie pirates in CA will have to drive to Oregon and Nevada to record movies. darn. Drive-ins are always good.
    • What is this "Drive-in" you speak of?
      • Re:drive (Score:3, Funny)

        by ncc74656 ( 45571 )
        I guess all the movie pirates in CA will have to drive to Oregon and Nevada to record movies. darn. Drive-ins are always good.

        What is this "Drive-in" you speak of?

        Something like this [centurytheaters.com]...when the Californians aren't losing their shirts in the casinos, they can head up to Rancho & Carey and cam a flick. :-)

    • by Anonymous Coward on Saturday December 06, 2003 @02:17AM (#7646171)
      Except you can just download them off you favorite P2P network or some webstie in the Phillipines since some kid already bought the knock off from the unofficial night run of the Chinese People's Army's company printing up the real DVD's that will go on sale in nine months.

      Fucking dots, more bullshit, for what, for nothing. No one records movies at the movies anymore, least of all in the US. And even if they did, no one would want their ass copy because it's so easy to get a better one.

      And then the fucking ad campaign. Give me a break. Never in the histroy of film has a set dresser, gaffer, or best boy electric ever recieved back end points for their contribution to the film making process. Everytime I see one of their grossly dishonest emotional pleas it makes me want to pirate movies on principle! They should all be shot in the head for being lying sacks of shit. And their children should be sold into prosititution. I consider myself a 'moderate.'
      • by blincoln ( 592401 ) on Saturday December 06, 2003 @04:41AM (#7646577) Homepage Journal
        And then the fucking ad campaign. Give me a break. Never in the histroy of film has a set dresser, gaffer, or best boy electric ever recieved back end points for their contribution to the film making process.

        I think you are taking that concept a little too literally.

        Every time a media product is pirated takes away some of the incentive for the production company to make more. If they *do* make more, they will likely employ the same people who did a good job the last time around. If they don't, those people have to find something else to pay their bills.
        • Comment removed (Score:5, Insightful)

          by account_deleted ( 4530225 ) on Saturday December 06, 2003 @07:00AM (#7646851)
          Comment removed based on user account deletion
          • Liar. Liar. Liar. I am going to make this real clear. I *never* buy certian magazines or music products. However, if I read an article in a magazine at my friends house the publisher is not being ripped off. Likewise for music, or a DVD. In those cases I got the benefit but paid nothing. Zero. Zilch.

            You ARE ripping off the company. If you really weren't going to buy it or weren't interested, you wouldn't even use it/hear it/listen to it. The way you are using your argument (claiming that you never buy stuff) is nothing more than an excuse. If anything, you are simply behaving the way you do because the technologies that permit you to share/enjoy exist. For instance, if you couldn't copy/download a movie, or song, or whatever, you wouldn't even be using it.

            Consider the following example. I'll never buy a Ferrari. But let me just take it out for a spin. I'll return it in the same condition.

            Or how about software? Do you extend that view to software too? Should anyone be paying for ANY software?

            The fact is that a download does not constitute a lost sale. It *may*, but it does'nt necessarily mean a sale was lost.

            Yes, some sales WILL be lost; some won't. Yes, the record companies exaggerate their figures. But it doesn't change the point.

            One last point: the main effect of pirating movies and lost revenues that may occur from it will be a reduction of top-tier movie stars. Regardless of what these bozo's in the ad campaigns tell you, there jobs are not really at risk. You need light guys, you need sound guys, you need reel guys, stunt guys, etc. You *have* to have them. You do not need to pay an actor $25-million instead of $22.5 million, or $20 million, or $10 million.

            That is NOT true under capitalism. Everyone will be impacted. Remember, any wage is permitted under capitalism (although government intervention and worker movements impact this somewhat via minimum wage laws, etc). If a company loses money, they won't just cut the high salary personnel! They generally do across the board cuts. Layoff people, make them work harder, lower their wages, etc. Have you looked at other industries? Who loses when a company struggles? Do CEOs lose their jobs, or get their wages cut?

            In fact, if I knew that my pirating would induce a Tom Cruise or Bruce Willis or Susan Sarandon to lose a few million bucks over a course career, I'd be doing it for sport.

            Apart from the fact that you are either cruel or jealous (like the latter), you can already do that. If you pirate movies, you WILL impact these actors (along with countless other workers). Of course, you need to get a movement going but it is quite within the power. There are already many right-wing anti-Hollywood movements that boycott.

            Sivaram Velauthapillai
          • The fundamental difference is that if you read the article at your friends house, you don't leave with the magazine. If you do then your friend no longer has the magazine either. It doesn't exist two places at once.

            When you get into the electronic medium, things are simply different. The fact that you say 'I wasn't going to pay for it anyways' doesn't excuse theivery. Hell, MOST thieves who break into cars/houses aren't really going to actually buy any of the stuff they steal either. That's why their STEAL
  • by wrinkledshirt ( 228541 ) on Saturday December 06, 2003 @02:03AM (#7646098) Homepage
    It's only because...

    In Aahnold's Calleefoneeah, tha cinema should record yoo!

    • by phorm ( 591458 ) on Saturday December 06, 2003 @04:13AM (#7646510) Journal
      Modded funny but, doesn't anyone else thing that Ahhhnold is in fact going to put certain personal agendas in relation to movies/entertainment ahead.

      Case and point, he's severely pissed off many in Vancouver (BC, Canada) because he's decided to pump "local jobs in the film industry," "keeping it American blah blah."

      Creating jobs might not be a bad thing, but anything to do with movies from an ex movie-star certainly seems to be something of a prejudiced agenda.

      p.s. Any chances the RIAA helped fund Ahhhnold's campaign?
      • by HeghmoH ( 13204 ) on Saturday December 06, 2003 @06:02AM (#7646741) Homepage Journal
        Any chances the RIAA helped fund Ahhhnold's campaign?

        Well, duh, let's see. Arnold is worth several hundred million dollars, which presumably funded his campaign. Where did that enormous amount of money come from? Could it have come from his movie career? Salaries from movie companies?

        P.S. The RIAA is music. MPAA is movies.
    • by cioxx ( 456323 ) on Saturday December 06, 2003 @04:48AM (#7646591) Homepage
      This bill was not signed by Arnold. It was Gray Davis who did it.
  • by Anonymous Coward on Saturday December 06, 2003 @02:03AM (#7646100)
    Then you should be taken out of the theater immediately for bringing a cell phone in! This is a law meant to slow down piracy that actually makes sense for once. Bravo
    • by Sancho ( 17056 ) on Saturday December 06, 2003 @02:52AM (#7646305) Homepage
      One thing I do when I go to a movie is to read on my PDA before it starts. Some PDAs come with cameras, and many nowadays come with microphones, even if they don't have a way to record video (does the law specify video recording? The article says "recording devices" but then says that the law is aimed at camcorders. "Recording devices" is just vague enough to cause concern, in my opinion, even though it's damned unlikely that a camera-equipped cell phone or PDA is going to be able to get the whole movie, and certainly not with any quality.

      (although the MPAA, et. al. are not mentioned).

      Wow, do the SUBMITTERS not read the story anymore? I quote from it:
      The effort is aimed mainly at camcorders, which account for 92 percent of all illegal copies of films that appear for sale over the Internet and are sold on street corners, according to the Motion Picture Association of America. The MPAA is seeking to enact similar laws in other states and is backing an effort to make the illegal taping of a film a federal felony.

      Heh.

      And a final note, I've /never/ seen a recorded film for sale over the Internet. I suspect this is more spin, because even though all copyright infringement is against the law, people sometimes think differently about selling vs giving away for free.

      • by phorm ( 591458 )
        I've /never/ seen a recorded film for sale over the Internet

        I'm not sure about over the internet, but in many a major city in China you can find them for sale (cheaply) without too much trouble. Some are screeners, some theatre rips.
      • by penguin7of9 ( 697383 ) on Saturday December 06, 2003 @04:25AM (#7646535)
        One thing I do when I go to a movie is to read on my PDA before it starts.

        If you are not watching the ads at the beginning of the move YOU ARE STEALING. We'll just have to strap you down and tape your eyes open.
  • Good (Score:4, Insightful)

    by Grip3n ( 470031 ) on Saturday December 06, 2003 @02:03AM (#7646105) Homepage
    I mean seriously, if you're carrying a recorder into a theater, you've obviously going to pirate this movie. The submitter gives the ridiculous and extreme example of one of those stupid video phones which don't have the bandwidth or anything to make a even half decent copy anyhow. To me, this is a good thing, people are blatantly trying to copy a movie in whatever way they can, and this seems like a real logical choice to me. Industry pressure from the MPAA? Yeah right, this is more like common sense. Good on California for taking a stand against piracy.
    • Re:Good (Score:5, Interesting)

      by Megor1 ( 621918 ) on Saturday December 06, 2003 @02:06AM (#7646122) Homepage
      I mean seriously, if you're carrying a recorder into a theater, you've obviously going to pirate this movie. The submitter gives the ridiculous and extreme example of one of those stupid video phones which don't have the bandwidth or anything to make a even half decent copy anyhow. To me, this is a good thing, people are blatantly trying to copy a movie in whatever way they can, and this seems like a real logical choice to me. Industry pressure from the MPAA? Yeah right, this is more like common sense. Good on California for taking a stand against piracy.

      "The law, which was signed by former Gov. Gray Davis, was written to also include future technologies and could be enforced against people recording all or parts of a film with a tape recorder, handheld computer or even a cell phone."

      Reading the article = good
      • Re:Good (Score:5, Interesting)

        by Total_Wimp ( 564548 ) on Saturday December 06, 2003 @04:09AM (#7646501)
        And what about F-ing fair use on that cell phone? I went to see The Matrix: Reloaded and at the end of the film, during the trailer for Revolutions, I squeezed off some shots with my Nokia 3650 and put them on my background for the phone. This is not theoretical, I actually did it.

        Now I'm hearing one camp that says I'm a criminal and another camp that says it should be ok to merely poses the camera phone and not use it. Where's the camp saying, hey, this is not significant copyright violation and I should be able to do this?

        I don't feel any more a criminal than guy using a VCR at home to tape HBO. I captured a few frames of a film for my own personal use. I payed to see the film. My recording was done in a way that didn't bother any of the other patrons (very important to me). This is fair and it should be legal.

        People should stop buckling under this "no use is fair use" mentatlity hoisted on us by large copyright holders. Stand up and demand your right to fair personal-use copying!

        TW
    • Re:Good (Score:5, Insightful)

      by Nucleon500 ( 628631 ) <tcfelker@example.com> on Saturday December 06, 2003 @02:12AM (#7646147) Homepage
      Very true, but the real question is, why is a new law necessary? If it's already going to be illegal, then arrest (or sue) the person when they press record. If copyright infringement isn't something you can be arrested for, perhaps they should work to change that.

      I think it would be preferable for the industry to attempt to alter the law in a more straightforward manner. Penalties could be set, or certain types of infringements could be made felonies. This way, there would be debate about whether it was the right thing, and the end result would be a more consistent system. Instead, we're adding a new special-case law with little real discussion. The result is probably the same, except the laws become more complex.

    • Re:Bad (Score:5, Insightful)

      by etymxris ( 121288 ) on Saturday December 06, 2003 @02:13AM (#7646153)
      I mean seriously, if you're carrying a recorder into a theater, you've obviously going to pirate this movie.
      False! This a variant of the "argument from ignorance". Because you can't think of any reason that someone would legitimately carry a video recorder into a movie theater, there must be no such reason. Right? Wrong.

      Consider the following. I know from first hand experience that many people visiting NYC carry those digital video recorders wherever they go, because they want to record the sights and sounds of the city. I also imagine that many people touring the city in such a manner would like to see a movie while out on the town without having to return to their hotel or apartment. This type of law would turn a common tourist into a common criminal.

      Just another instance of law-makers not fully thinking through the laws they are creating.
    • Good - for what? (Score:2, Interesting)

      by Marnhinn ( 310256 )
      Couldn't agree more. No one will arrest someone for a "cell phone camera". However, based on my experience (and I have a couple years of it) from downloading pirated movies off bittorrent and other places, most movies that are posted (to the net) are screeners or if they where taped with the person was sitting in the box (up top). Bluntly speaking - I don't know if I agree with the 92 percent statistic they give for number of pirated films that are "recorded by people sitting in the audience" in theaters.
      • by spongman ( 182339 )
        The argument "someone will turn a blind eye to you even though you are braking a law" is not a good case for upholding civil rights

        The simple extension of this is: everyone is born a criminal and deserves to be locked up. Based on some arbitrary sliding scale, those people who are more criminal than others at any given will actualy be sent to jail.

    • Re:Good (Score:5, Insightful)

      by spongman ( 182339 ) on Saturday December 06, 2003 @02:24AM (#7646200)
      No, It should be illegal to take, out of the theatre, a recording that you made during the showing. It should not be a crime to take a recoding device into the cinema because that assumes a precondition that the fact that you're taking such a device into such a place implies that you are going to commit a crime.

      What happens if you got off a train in a city, went to a camera store and bought a camera that you couldn't buy in your upstate store and then went to see a film. Are you guilty of anything? No. This law says that you are. If you recorded the film while you were there and left with the media, then yes, you are guilty of copyright theft, but the law should not suppose criminality on otherwise legal behaviour (by definition).

    • Re:Good (Score:5, Insightful)

      by wozster ( 514097 ) on Saturday December 06, 2003 @02:28AM (#7646212) Journal
      We don't need more laws.

      Movie theaters are private property and the mangement can remove anyone at will.
    • Re:Good (Score:5, Insightful)

      by spongman ( 182339 ) on Saturday December 06, 2003 @02:32AM (#7646231)
      Not necessarily. What if I lived upstate and I took a rare trip into town to:
      • do some daytime shopping. Hey cool, new video camera. Just what I want. Thanks. I'll have it.
      • go see the latest film with my friend while I'm here (carrying new video camera still in box, with receipt in plastic bag).
      I'm now committing a crime. What the FUCK's up with that??

      Still, if I leave with a camera fill of copyright protect material then yes, I'm breaking the law. But how many rights do we have to forfeit before the MPAA are happy?

    • Good thing this law wasn't passed last time I went to Universal Stuidos. At the end of the day we took in dinner and a movie at Citywalk. I of course still had my camcorder with me that I had used all day at Universal Stuidos.
    • False (Score:4, Insightful)

      by phr1 ( 211689 ) on Saturday December 06, 2003 @03:00AM (#7646335)
      It's ridiculous to think that just because you have a camcorder (that's not actually in operation) in a theater, that you intend to pirate the movie. I've never recorded a movie with a camcorder. But there are plenty of times I've gone around with a camcorder in my belt pack (including into theaters) just in case I felt like filming something, or even because I was travelling and didn't want to leave the camcorder in my room (typically some seedy youth hostel) where it might disappear, or because I had some reason to use it earlier or later in the day and didn't have anyplace to drop it off. Lots of people have camcorders and like to take them places and it's easy to forget that there's one in your backpack. I also usually carry a Swiss army knife in the same pack, and forgetting that it's there has caused me hassles at airports. It's the same thing except with the pocket knife, you say "oops" and put it in your checked bag. With a camcorder, you go to jail? Give me a break.

      And of course, carrying a camcorder (small ones typically weigh a pound or so) is somewhat geeky now, but what happens when they become the size of cigarette lighters? Panasonic already has a solid state one the size of a cigarette pack [panasonic.com], though it records only 10 minutes of DVD-quality video so it won't hold a whole movie. That 10 minute limitation won't last, and it can already hold a whole movie at lower resolution.

      There's a simple cure. They should have security checkpoints with baggage X-rays at every movie theater, just like at airports. That will really solve the MPAA problem once and for all, since ticket sales will drop to zero.

    • Re:Good (Score:5, Insightful)

      by gl4ss ( 559668 ) on Saturday December 06, 2003 @07:10AM (#7646877) Homepage Journal
      the way the 'camera rips'/'cams'(that anyone would consider watching) is generally not by some random dude in the audience. this law is just ridiculous in that manner because it will have ZERO EFFECT ON ANYTHING(except few stupid cases and needless violence and conflicts in theatre).

      the cams that are made for sale(in _real_piracy_) fashion are done by folk that work in the cinemas anyways(and most likely in asia area). not by some random movie goer.
    • Re:Good (Score:3, Funny)

      by danila ( 69889 )
      Two options:
      1) Politely ask people not to record a movie. If you catch someone doing it, remove and seize the film (or erase the flash card/HDD/whatever) and may be ban that person from your theatre.
      2) 10 million dollar fine and 5 years in jail for bringing a recorder into the movie theatre. Death penalty for repeat offenders.

      One course of action is adequate, another one is not.
  • Talk about FUD (Score:4, Insightful)

    by tmark ( 230091 ) on Saturday December 06, 2003 @02:04AM (#7646106)
    What if my cellphone has a camera?

    Regardless of where one stands on this issue, stupid comments like this one only diminish the arguments of those who agree with the parent. So WHAT if your cellphone has a camera ? Unless you're USING YOUR CELLPHONE TO RECORD THE MOVIE, there is no problem. But I guess it sure sounds good. Yet another example of how FUD can come from BOTH sides of an argument.
    • Re:Talk about FUD (Score:3, Insightful)

      by llamaboy487 ( 623946 )
      The real problem is the old saying of of "Information wants to be free." Major movie releases are mega-hyped events where the content is something that is kept out of public view until the designated day, hour, minute of a moment, but within the process has to pass through the hands of thousands of people. It takes only one person to make an unauthorized copy at that level to get it onto the P2P networks.
      • I see way too many people use "Information wants to be free" as a quote meaning that content, even entertainment, should be freely distributed. In this instance, that someone's going to free it from its horrible life of earning money. The quote is overused out of context.

        Here comes the quote, from _The Media Lab: Inventing the Future at MIT_ by Stewart Brand (1987):

        "Information wants to be free because it has become so cheap to distribute, copy, and recombine -- too cheap to meter. It wants to be expensi
    • Re:Talk about FUD (Score:2, Informative)

      by kscd ( 414074 )
      "So WHAT if your cellphone has a camera? Unless you're USING YOUR CELLPHONE TO RECORD THE MOVIE, there is no problem. "


      True. For now. But that's the danger of this and all slippery slopes. When they start banning all cell phones in theatres, and losing them mysteriously when you check them in, you might be as pissed off about this as this person is now.

    • Re:Talk about FUD (Score:5, Informative)

      by whoever57 ( 658626 ) on Saturday December 06, 2003 @02:26AM (#7646206) Journal
      Unless you're USING YOUR CELLPHONE TO RECORD THE MOVIE, there is no problem.

      According to the article (but who reads that?) mere possesion of a video recording device in a theatre is sufficent to create the possiblity of arrest and prosecution.

      So, as another poster asked, what happens if you forget to take your camcorder OUT of your car when you go to the drive-in (and yes, there are still drive-ins in California)?
      • Welcome to the NFL (Score:4, Insightful)

        by KalvinB ( 205500 ) on Saturday December 06, 2003 @03:17AM (#7646387) Homepage
        I realize this is a Geek news site so we're not all up to speed on recording devices and sports but cellphones with cameras have been banned from any and all professional sports games. College games they still allow photography. You can thank the advertising industry for such bans.

        There was a Canon commercial for a high end digital camera and the guy taking pictures at a football game. Pretty bad advertising considering that very expensive camera would be confiscated if you took it anywhere near an NFL game.

        It's not surprising they're cracking down in the same manner on theaters now.

        "So, as another poster asked, what happens if you forget to take your camcorder OUT of your car when you go to the drive-in (and yes, there are still drive-ins in California)?"

        You explain to the nice security guard that you had no intention of using it to film anything and if they ask, you hand it over to them to hold it for you until you're ready to leave.

        Same as they do with sports games.

        This is a non-issue.

        "is sufficent to create the possiblity of arrest and prosecution"

        That's a definite maybe.

        If you're in such a situation, don't be an ass and cooperate. They're not out to get you. They're out to prevent you from recording anything. Big difference.

        One involves a box in the office to hold your phone while you watch the movie. The other involves a judge and 12 of your new friends.

        Ben
    • NEW LAW!!! (Score:3, Funny)

      by spongman ( 182339 )
      It's illegal to posess hands since it has been deduced by a really smart bunch of fuckwits that when used in certain circumstances, hands can be used to kill people.

      I might be being facetious... or not...

  • 'bout time (Score:2, Interesting)

    by Clever Pun ( 729719 )
    I had actually thought that this was already a law. I mean, at each and every live theatre preformance I've attended, before the show starts, we are told that all recording devices are to be shut off and put away at this time. I assume that failure to comply will result in eviction. Why wouldn't or shouldn't it be the same in a movie theatre?
  • Citizen's arrest (Score:3, Interesting)

    by MMaestro ( 585010 ) on Saturday December 06, 2003 @02:06AM (#7646116)
    If someone catches another person illegal recording the movie, don't you think they'd be smart enough to know what they are doing and that they could just download the movie for free online from the same guy in about an hour after the movie ends?
    • Except the person seeing them do that has already paid to see the movie. In theory, they have paid a higher price because of the bootlegger too.

      So I don't see this as an incentive to not report them. If they have the money to throw around on the ridiculous cost of movies, and wanted to watch it in the cinema rather than a poor cam job, then I'm sure they would rather the DVD anyway.
  • by Txiasaeia ( 581598 ) on Saturday December 06, 2003 @02:07AM (#7646126)
    Handheld vid recorder rips of films have horrible quality. Bad audio, bad video, ambient theatre sounds, and whiny kids make vid recorder rips... unbearably unpleasant to watch. :)

    Thank goodness eDonkey won't be flooded with these crappy versions of movies anymore. Straight to DVD Screener rip, baby!

    • This seems just so fsck-ing stupid to someone outside the US of A (like myself). You can watlz around with a fsck-ing hand-gun and shoot people if they look like they might threaten you (like by saying "trick or treat" or by trying to steal your car which is insured anyway), but thay'll send you to gaol (jail) for recording a movie.

      Xix.
  • by spongman ( 182339 ) on Saturday December 06, 2003 @02:17AM (#7646173)
    Is it me, or do laws like this:
    • completely fail to prevent the kind of activity they're meant to preventm,
    • unduly limit the civil rights of otherwise law abiding citizens,
    • waste the time of taxpayer-funded law courts and officials,
  • An Actor as Governor (Score:3, Interesting)

    by DarthVeda ( 569302 ) on Saturday December 06, 2003 @02:18AM (#7646176)
    Now the movie industry really does have a say with the governator... expect more industry friendly laws!
  • Quality (Score:5, Insightful)

    by vlad_petric ( 94134 ) on Saturday December 06, 2003 @02:22AM (#7646191) Homepage
    Bootlegging can't possibly produce high-quality material. If I were MPAA, I'd consider it "free advertising", pretty much like Napster was "free advertising" for RIAA ... Sure, piracy is bad, and it certainly affects sales negatively. But a bootlegged copy is simply "low-quality spoiler" as far as I'm concerned.

    And please stop talking about cellphones with cameras. Those usually have cheapass cmos image sensors and optics, they can barely catch a face right.

  • Screw Your Neighbor (Score:5, Interesting)

    by core plexus ( 599119 ) on Saturday December 06, 2003 @02:22AM (#7646192) Homepage
    I mean, c'mon! I had a job delivering films, in their containers, to various movie houses. I would take my time, get high with my friends, and otherwise screw around the whole day. We had racks of films in shelves at the warehouse.

    My point? There are many opportunities to copy the films, and if one small, low-tech method is cut out, it will serve to make the other avenues more lucrative.

    The more important point, what's with the "turn in your neighbor to the movie cops" deal? That is one sick society.

    -cp-

    President Bush to Liberate Alaska [alaska-freegold.com]

  • by Roosey ( 465478 ) on Saturday December 06, 2003 @02:23AM (#7646196)
    I know what you're thinking. Did he use up six tapes or only five? Well, to tell you the truth, in all this excitement, I've kinda lost track myself. But being as this is a Canon XL-1 S, the most powerful camcorder in the world, and would film your head nice and clean, you've got to ask yourself one question: Do I feel lucky? Well, do ya punk?
  • by Chordonblue ( 585047 ) on Saturday December 06, 2003 @02:27AM (#7646207) Journal
    When I was a kid I actually snuck a tape recorder into the theatre with me under my winter coat. Of course, back in 1977 there weren't too many other options.

    It wasn't a microcassette recorder either - it was the BIG honking black Radio Shack model - the one that doubled as a data storage unit for the TRS-80. Amazing I got away with that.

    Years later I could still recite pretty much the whole movie by heart. Thank God for those T-120 tapes!

  • Now....I know this won't exactly be a popular comment with many Slashdotters, but if the MPAA wanted to make this new law a huge success for them, they could offer a bounty for every citizens arrest made as a result of this law.

    (Hopes no MPAA people read Slashdot)

  • The Body Electric (Score:4, Interesting)

    by Detritus ( 11846 ) on Saturday December 06, 2003 @02:31AM (#7646222) Homepage
    What are they going to do in the future, when people routinely wear computing systems, complete with microphones, video cameras and mass storage? It wont just be some weird guy from MIT in his gargoyle rig.
  • The bill text (Score:5, Informative)

    by Sneftel ( 15416 ) on Saturday December 06, 2003 @02:31AM (#7646227)
    Merry Christmas, slashbots.
    BILL NUMBER: SB 1032 CHAPTERED
    BILL TEXT

    CHAPTER 670
    FILED WITH SECRETARY OF STATE OCTOBER 3, 2003
    APPROVED BY GOVERNOR OCTOBER 2, 2003
    PASSED THE SENATE SEPTEMBER 2, 2003
    PASSED THE ASSEMBLY AUGUST 28, 2003
    AMENDED IN ASSEMBLY AUGUST 18, 2003
    AMENDED IN SENATE APRIL 30, 2003
    AMENDED IN SENATE APRIL 21, 2003

    INTRODUCED BY Senator Murray
    (Coauthors: Assembly Members Goldberg, Koretz, and Leno)

    FEBRUARY 21, 2003

    An act to add Section 653z to the Penal Code, relating to crime.

    LEGISLATIVE COUNSEL'S DIGEST

    SB 1032, Murray. Motion picture theaters: unauthorized
    recordings.
    (1) Existing law provides that a person admitted to a theater in
    which a motion picture is to be or is being exhibited who refuses to
    cease the operation of a video recording device upon the request of
    the theater owner is guilty of intentionally interfering with and
    obstructing the operation of a lawful business, a misdemeanor.
    This bill would provide, in addition, that every person who
    operates a recording device in a motion picture theater while a
    motion picture is being exhibited, for the purpose of recording a
    theatrical motion picture and without the express written authority
    of the owner of the motion picture theater, is guilty of a public
    offense and shall be punished by imprisonment in a county jail not
    exceeding one year, by a fine not exceeding $2,500, or by both that
    fine and imprisonment. By creating a new crime, this bill would
    impose a state-mandated local program.
    (2) The California Constitution requires the state to reimburse
    local agencies and school districts for certain costs mandated by the
    state. Statutory provisions establish procedures for making that
    reimbursement.
    This bill would provide that no reimbursement is required by this
    act for a specified reason.

    THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

    SECTION 1. Section 653z is added to the Penal Code, to read:
    653z. (a) Every person who operates a recording device in a
    motion picture theater while a motion picture is being exhibited, for
    the purpose of recording a theatrical motion picture and without the
    express written authority of the owner of the motion picture
    theater, is guilty of a public offense and shall be punished by
    imprisonment in a county jail not exceeding one year, by a fine not
    exceeding two thousand five hundred dollars ($2,500), or by both that
    fine and imprisonment.
    (b) For the purposes of this section, the following terms have the
    following meanings:
    (1) "Recording device" means a photographic, digital or video
    camera, or other audio or video recording device capable of recording
    the sounds and images of a motion picture or any portion of a motion
    picture.
    (2) "Motion picture theater" means a theater or other premises in
    which a motion picture is exhibited.
    (c) Nothing in this section shall preclude prosecution under any
    other provision of law.
    SEC. 2. No reimbursement is required by this act pursuant to
    Section 6 of Article XIII B of the California Constitution because
    the only costs that may be incurred by a local agency or school
    district will be incurred because this act creates a new crime or
    infraction, eliminates a crime or infraction, or changes the penalty
    for a crime or infraction, within the meaning of Section 17556 of the
    Government Code, or changes the definition of a crime within the
    meaning of Section 6 of Article XIII B of the California
    Constitution.
    • by etymxris ( 121288 ) on Saturday December 06, 2003 @04:00AM (#7646481)
      The article makes this bill out to be much worse than it is. The bill states you have to be operating the camera, and for the express purpose of making an illegal copy. This bill, then, has almost zero net impact to civil rights or law enforcement's abilities to prosecute copyright infringement.
    • by JimBobJoe ( 2758 ) on Saturday December 06, 2003 @04:29AM (#7646549)
      It was actually piggybacked onto a bill that suspends someone's license for not paying at a gas station. The single subject is "theft." I believe this bill was signed on 11/13, so it will become live law on 2/13.

      Either way, sounds like the MPAA is lobbying hard....

      HB 179 [state.oh.us]

      Sec. 2913.07. (A) As used in this section:
      (1) "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology existing on, or developed after, the effective date of this section.

      (2) "Facility" includes all retail establishments and movie theaters.

      (B) No person, without the written consent of the owner or lessee of the facility and of the licensor of the motion picture, shall knowingly operate an audiovisual recording function of a device in a facility in which a motion picture is being shown.

      (C) Whoever violates division (B) of this section is guilty of motion picture piracy, a misdemeanor of the first degree on the first offense and a felony of the fifth degree on each subsequent offense.

      (D) This section does not prohibit or restrict a lawfully authorized investigative, law enforcement, protective, or intelligence gathering employee or agent of the government of this state or a political subdivision of this state, or of the federal government, when acting in an official capacity, from operating an audiovisual recording function of a device in any facility in which a motion picture is being shown.

      (E) Division (B) of this section does not limit or affect the application of any other prohibition in the Revised Code. Any act that is a violation of both division (B) of this section and another provision of the Revised Code may be prosecuted under this section, under the other provision of the Revised Code, or under both this section and the other provision of the Revised Code.
  • The people that download copyright infringing movies via the internet are usually the really big movie buffs who will watch it in the theater anyway, or those that would never pay to see the movie. Now people doing this may offend your own personal sense of morality, but there isn't financial loss to the content creators. If you don't believe me just wait for the B.O. resutls to ROTK when it comes out, even though it will be available on the 'net. The real losses come from the street vendor type piracy in a
  • by BigRedFish ( 676427 ) on Saturday December 06, 2003 @02:32AM (#7646233)

    you will be able to make a citizen's arrest if you observe someone recording a movie

    I woke up today and was wondering to myself, "How can I work for the MPAA for free today?" And here it is.

    So if I see someone recording a movie, I'm supposed to incur the massive legal risks involved involved in having them arrested as a citizen. Got it. Ri-ight. And if the charges don't stick, oh yeah, I'm the one slapped with the false arrest suits.

    That's a pretty good deal, but I think I have a better one: How about I give them the finger, and they pay their own damn business expenses?

  • by gasp ( 128583 ) on Saturday December 06, 2003 @02:37AM (#7646248)
    Fortunately, most movies don't require a brain so I won't be missing anything by not taking it into a theater.

    Remembering is copying. Copying is theft.
  • RTFA (Score:4, Interesting)

    by hugesmile ( 587771 ) on Saturday December 06, 2003 @02:43AM (#7646274)
    The article SPECIFICALLY mentions that CARRYING a recording device into a theater, INCLUDING a cellphone is illegal!

    The law, which was signed by former Gov. Gray Davis, was written to also include future technologies and could be enforced against people recording all or parts of a film with a tape recorder, handheld computer or even a cell phone.

    So no matter how rediculous it is now to think of someone trying to record a movie with a cellphone using today's technology, this law makes it illegal to carry your cell phone into the theater.

    The new law, which takes effect Jan. 1, allows moviegoers to make a citizen's arrest if they see someone in a theater with a recording device.

    Note that all you need to do is be CARRYING a recording device such as a cell phone, and you are breaking the law. It's a dumb law. Our legislature run amuck. Terrible, terrible restriction on our freedoms.

    I may hate when you carry a cell phone in a theater, but I will fight for your right to do so.

  • by freidog ( 706941 ) on Saturday December 06, 2003 @02:47AM (#7646289)
    ... the reports we've seen here in the past seem to indicate the overwhelming majority of pirated movies come from 'insiders' who have access to it in production/editing/promotion, wouldn't the logical extension of this to be prohibit all camera's on movie sets? Now i realize that kind of defeats the prupose of a 'visual' medium, but hey, the **AA has said repeatedly we need to be tougher on piracy. we will all have to make sacrafices...
  • Arms race (Score:3, Funny)

    by Saeger ( 456549 ) <farrellj@nOSPam.gmail.com> on Saturday December 06, 2003 @02:50AM (#7646296) Homepage
    If camcorders & cam-cellphones are outlawed, then I guess only outlaws will have cameras hidden [spylife.com] in their glasses [optexint.com]... :)

    Next up: camera eyepatches with the storage hidden in the included stuffed parrot. Arrrrrr mateys!

    --

  • Won't reduce piracy (Score:5, Informative)

    by phalse phace ( 454635 ) on Saturday December 06, 2003 @02:53AM (#7646307)
    This won't reduce piracy one bit. Why? Because most of the pirated movies are the result of leaks by movie industry insiders [slashdot.org]. Isn't that why the MPAA is trying to stop the mailing of DVD and video screeners [eonline.com], as it's own members are the main source of piracy [slashdot.org]?

    Besides, if people are recording the movies in theatres, then won't the large reddish brown spots that flash in the middle of the picture [slashdot.org] make them useless and unviewable?

  • by ottffssent ( 18387 ) on Saturday December 06, 2003 @02:59AM (#7646334)
    The effort is aimed mainly at camcorders, which account for 92 percent of all illegal copies of films that appear for sale over the Internet and are sold on street corners, according to the Motion Picture Association of America.

    Who do they think they're kidding? The professional duplicators work from the highest-quality originals they can get (be they original movie reels, DVDs, whatever). The amateurs might be sneaking a camcorder into a theater, but given how easy it is to get a good copy online, there's little point.

    In short, I call shennanigans on this theory that there's an army of pirates armed not with swords but minicams, poised to destroy the industry.

    Besides, copyright infringement is already illegal (that's the 'infringement' part). So what's the point of passing this new law? To produce the illusion of doing something, at the expense of everyone involved, as far as anyone can tell.
  • Yeesh... (Score:3, Funny)

    by NeuroManson ( 214835 ) on Saturday December 06, 2003 @03:39AM (#7646441) Homepage
    They'll do ANYTHING to recoup the costs from Gighli, won't they?
  • by teamhasnoi ( 554944 ) <teamhasnoi@yahoo.cLIONom minus cat> on Saturday December 06, 2003 @03:54AM (#7646472) Journal
    I happened to be waliking down an alley behind a movie theater one day, off to a Ribfest or some public show, and saw film in the garbage.

    As a proud and canny dumpster diver, I reached in and grabbed an entire reel of 'Road to Perdition' w/ Tom Hanks.

    It's currently sitting in a Hefty bag, not ten feet from me right now.

    What to do with it? I don't know. I thought about eBaying it, but a pal told me it's illegal to even have it. Anyone know?

    I'd like to off it, but I don't know what to do with it. As it's not Tom's earlier work (Bosom Buddies, Mazes & Monsters), I don't care too much.

    I may just light it on fire, and watch the SOB flashburn. Or, maybe I'll needle the MPAA somehow. Any ideas?

    I'd love to kill two birds with one stone, and strangle Jack Valenti with it. That would be the ultimate irony, and make great 'Must See TV' as well.

  • by crankyspice ( 63953 ) on Saturday December 06, 2003 @04:10AM (#7646502)

    Question - did anyone actually bother to read the bill [ca.gov]? Quoting:

    Every person who operates a recording device in a motion picture theater while a motion picture is being exhibited, for the purpose of recording a theatrical motion picture and without the express written authority of the owner of the motion picture theater...

    This does not cover talking on a camera-equipped cellphone, working on a camera-equipped PDA, or even having a camcorder in your purse. The law only prohibits pointing the camera at the screen while a movie is being shown. It's a very narrowly tailored law that addresses what it seeks to address - piracy.

    Speaking of which - take a look at VCDQuality [vcdquality.com] and note the number of movies that show up as "CAM" or "Telesync" first, and then tell me camcording in a movie theater isn't occurring.

    Then, skip on over to VCDMovieBox.com [vcdmoviebox.com] and note the movies being offered for sale that are obviously camcords (Master and Commander, Brother Bear, Elf, etc....

  • WE NEED MORE LAWS! (Score:4, Interesting)

    by xxTYBALTxx ( 721636 ) on Saturday December 06, 2003 @04:23AM (#7646532)
    This is further evidence to support my new-found intuition that every law passed in the United States is nothing but a further infringement upon our personal rights in the name of some ethereal 'security.'

    One wonders how many more crimes can be invented by ambitious politicians.

    Is there a petition somewhere out there which proposes an immidiate freeze on all penal-code legislation? What would Slashdotter's opinions be on such a petition?
  • by teamhasnoi ( 554944 ) <teamhasnoi@yahoo.cLIONom minus cat> on Saturday December 06, 2003 @04:28AM (#7646545) Journal
    When pressed for his opinion of this new bill, Arnold replied, "Eet's naht ah roomor. Moe-vie pie-rates ave bin sced-ooled foe der-min-ay-shun. Remem-bah when eye sayd eyed kill you lahst? I lyed. What a haht-hed. Stik ah-round, bot leave yaw fohn aht home ef yoo wahnt do lib!"

    I think that says it all.

  • Citizen's Arrest (Score:4, Informative)

    by serutan ( 259622 ) <snoopdoug@@@geekazon...com> on Saturday December 06, 2003 @04:38AM (#7646569) Homepage
    Minor technical point... You can already make a citizen's arrest whenever you see fit. But you better be sure you're right, and maybe have a good headlock. This law doesn't change that, it only defines a new crime.
  • by Lord Kano ( 13027 ) on Saturday December 06, 2003 @05:11AM (#7646635) Homepage Journal
    What if my cellphone has a camera?

    Then turn it off and keep it in your fucking pocket. I don't believe that this law is going to mandate pat downs and strip searches.

    When I went to see Freddy Vs. Jason some asshole kept sending and receiving text messages. He kept right on doing it for about 20 minutes until I had enough and yelled at him like he was a child in front of a theater full of people.

    Yes, I too have a cell phone. Yes, I too have a PDA. You know what I do when I am in a movie theater? I turn them the fuck off! Have a little consideration for everyone else.

    LK
  • Broadcasting is OK? (Score:3, Interesting)

    by mm0mm ( 687212 ) on Saturday December 06, 2003 @05:17AM (#7646647)
    from the article: ... allows moviegoers to make a citizen's arrest if they see someone in a theater with a recording device.

    A short range video transmitter with a mini 3CCD (or even one chip) camera is *not* a recording device. Recording video image from the receiver outside theater can be morally questionable. Some good people in CA might be thinking that they can finally make a good use of X10 security cam.
  • Look to the future (Score:5, Interesting)

    by Dark Bard ( 627623 ) on Saturday December 06, 2003 @06:07AM (#7646750)
    The law is vague to allow for improvements in technology. The quality of camcorders has improved dramatically in the last ten years. Broadcast quality cameras go for a few grand now and are a fraction the size and weight of the original VHS camcorders. It's possible in the next ten years that PDAs and Celphones will be capible of broadcast quality. If the law didn't allow for that in ten years you'd be calling it shortsighted. The current problem with camcorders is massive. Films are far too easy to duplicate. I'm a filmmaker myself and I'm currently wrapping up the post on a film. It's an independent and we decided not to allow crew copies to be distributed until the film is sold. Independent films have become extremely hard to sell in the last few years. Buyers are very concerned about the films being pirated before the can sell them to their clients. The problem is far worse foreign and that's where most sales for independents occur. A film coming out as a pirate is more than enough to scare off buyers for small films and prevent them from getting a proper release. In independent films it's not profit these days it's returning your initial cost that is the concern. If you can't even return those costs you aren't going to make many films. The big studios are better insulated. It's the independents that are most at risk. People are more likely to buy a store copy of a major feature to get the quality. On an independent film they are willing to accept a little less quality. The foreign markets mostly don't care so long as it's cheaper. Screening a film can in several cities can improve the sellability of a film and dramatically increase the return. Unfortunately it increases the risk of piracy. The free advertising angle really doesn't pan out. I've never in my life known some one to see a pirate copy of a film and run out and buy a store copy. If that was true China would be a massive customer. At least they are a solid customer, they buy one copy of every film made.
  • Errr... (Score:3, Insightful)

    by Simon Garlick ( 104721 ) on Saturday December 06, 2003 @06:36AM (#7646812)
    If you don't like the law, stop going to the movies. Why is this so hard to grasp?
  • by abe ferlman ( 205607 ) <bgtrio&yahoo,com> on Saturday December 06, 2003 @08:44AM (#7647083) Homepage Journal
    "Do I feel lucky?"

    If you are too young to understand this quote, you need an education in Clint Eastwoodisms. Fire up Kazaa and download all the Dirty Harry films.

  • by 1iar_parad0x ( 676662 ) on Saturday December 06, 2003 @09:33AM (#7647252)
    I'm sure this point has been made before...

    This is the best argument [nytimes.com] I've seen about the idiocy of modern day copyright.

    (I found the link via google's news portal and they have some sort of agreement with the NY Times, so you shouldn't have to register to see the article.)

    I agree that going into a movie theater and taping a movie is wrong. However, I don't like idea that Joe Moviegoer gets to play cop. That's scary. What happens if I go to a party and someone plays a DVD or rented movie for their friends? What if new laws get written that allow a guest to place the host under citizen arrest? Is this the future? Will the MPAA|RIAA grant them police rights as well? That's why this is a real dangerous slippery slope. Oh but wait, you say that's silly. My point is that MPAA|RIAA isn't going after movie pirates because it's morally wrong. They're going after movie pirates because of money. The movie industry threw a fit about libraries and movie rentals as well.

    From the article:
    Clutching a palm-sized camcorder in one hand, Delgadillo paraphrased the movie character "Dirty Harry," portrayed by actor Clint Eastwood. "If you carry one of these into a movie theater, you have to ask yourself, 'Do I feel lucky?'"

    This is the kind of bravado that scares people. I mean, why don't you take this same effort and track down some serious criminals. It's the same argument against public cameras, data mining personal info, and extensive airport security. No one likes having big brother watching them. Most people probably have been hassled by someone who has taken trivial laws too far (i.e. zero tolerance in schools run amok). Apparently, kids are supposed to run in the other direction if someone starts a fight with them in school. The school has a right, if not a "duty" to hand my a kid a condom, but if I send them to school with Tylenol well, I've practically commited a felony

    The article I've linked to makes the point that the battle over copyright law is nothing new. The reason they "get away with it" is because they essentially have a special privilege/ protection to do so. There were a lot of similar arguments about VCRs destroying the future of the movie industry. It didn't.

    I guess that's why I'm so conflicted about this. I agree that file sharing is wrong, but I hate RIAA|MPAA because they're lobbyists with deep pockets who have done nothing but hock extreme violence and excessive sexuality. I don't like the fact that we live in a country where corporations write law. Yet these lobbyists manage to get more legislative action than people seeking things like education reform. Sorry, if I don't feel like helping the MPAA|RIAA do it's dirty work.

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