24 January, 2006

Shiver Me Timbers!

The Motion Picture Association of America (MPAA) has admitted that it (gasp!) pirated a movie! Oh, luscious irony! The group that stands behind the Digital Millennium Copyright Act to make sure Jane and Joe Average Consumer can't copy DVDs for their own personal use has done so:

What happens when an organization that is best known for inveighing against the unauthorized copying of movies gets caught doing exactly that? The Motion Picture Association of America was caught with its pants down, admitting to making unauthorized copies of the documentary This Film Is Not Yet Rated in advance of this week's Sundance Film Festival.

This Film Is Not Yet Rated looks at the motion picture ratings system created and run by the MPAA. Director Kirby Dick submitted the film for rating in November. After receiving the movie, the MPAA subsequently made copies without Dick's permission. Dick had specifically requested in an e-mail that the MPAA not make copies of the movie. The MPAA responded by saying that "the confidentiality of your film is our first priority."

What makes this all the more amusing is that the pirated film is all about the hypocrisy of the MPAA and its ratings system:

A little background: This Film looks at how the rating system functions, specifically at how some types of content are treated differently by the MPAA. Dick feels that the MPAA is full of—surprise—double standards, especially when it comes to how they treat graphic violence vs. sexual content, heterosexual vs. homosexual sex, and big-studio vs. independent films. As part of the documentary's creation, Dick trailed and identified some of the previously anonymous members of the ratings board. Dick's conduct became a cause for concern for both the MPAA and its employees, leading to their calling the police on some occasions.

According to Mark Lemley, a professor at the Stanford Law School, the MPAA may have been within its rights to make copies of the film. Given that the MPAA's intent isn't financial gain and that the whole situation may rise above the level of trading barbs through the media into legal action, making a copy may be justified. Personally, I can't see any justification for an organization such as the MPAA ignoring a directive from a copyright owner, but IANAL. A "digital version" of the movie was submitted for screening, according to Dick's attorney, Michael Donaldson. If that digital version turns out to be a DVD, the MPAA could also find itself in hot water for violating the DMCA. Oh, the irony! Either way, the MPAA can't be happy about being put into a position where they are forced to justify the same actions they decry when undertaken by a consumer.


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