Showing posts with label bittorrent. Show all posts
Showing posts with label bittorrent. Show all posts

Wednesday, December 21, 2011

RIAA & Movie Studios Caught Pirating TV Shows & Movies

By Sam Biddle - Gizmodo

The same copyright barons pushing SOPA, the awful internet act, are enormous hypocrites, TorrentFreak reports. They want the law as a means of stopping online piracy—but maybe they should start with their own employees.

A Russian BitTorrent tracking firm traced pirated movies and television show downloads back to IP addresses from Sony, Fox, and NBC—as TF points out, "these are the same companies who want to disconnect people from the Internet after they've been caught sharing copyrighted material."

This shouldn't surprise anyone. When studios push fascist copyright law, they're speaking on behalf of their shareholders, not the thousands of people they employ. Those people are ordinary people, who, yes, sometimes pirate albums, movies, shows, and games, like millions of other ordinary people around the world. But the hypocrisy is more than superficial. We shouldn't ever let companies that can't control their own miscreant employees shape federal legislation for all of us.

...and...


The RIAA Pirated $9 Million Worth of TV Shows

By Mario Aguilar - Gizmodo
 
The same RIAA that makes examples out of ordinary folks by suing them for millions of dollars for file sharing? Turns out someone there's been pirating full seasons of Dexter. Nine million dollars worth. Whoops!

That number—$150,000 for each of the 60 episodes illegally downloaded on the RIAA HQ ISP (OK?)—comes compliments of YouHaveDownloaded which logged the BitTorrent activity of some 50 million users and revealed that not only are the major movie studios pirating their own movies, but the RIAA is downloading pirated TV shows. Lots of 'em.

Again, this is the same RIAA that has been shaking down a Minnesota mother of four for $1.5 million over 24 songs she shared on Kazaa. And it turns out, they're being generous in that case! Since the statutory damages cited by its own guidelines are much higher:
… copyright holders can sue you for up to $150,000 in statutory damages for each of their copyrighted works that you illegally copy or distribute.
So let's see, $150k per episode times 60 episodes comes out to roughly... $9,000,000, checks payable to CBS.

Look, the RIAA's method of "enforcing" copyright law by suing people to oblivion is unfair. But to layer hypocrisy on top of that unfairness is just gross. How about you get your own house in order before you target your next Minnesota mom?

Monday, December 13, 2010

TV ratings in the age of digital TV

Who watches the watchers?

This year has seen two major developments in the TV market: 3D and the Web. TV makers are betting that consumers will flock to stores this holiday season to upgrade their plain old 2D and Web-less panels with models that will let them bring the Internet into their living rooms without requiring them to add another box to their entertainment center. In this four-part series on the Future of TV, Ars takes an in-depth look at the major transition that TV is currently undergoing.
 
We take a look at the past, present, and future of TV ratings. How do networks, advertisers, and agencies measure audience sizes in a world of DVRs and BitTorrent? Will DVRing kill your favorite show? 
 
TV used to be so simple. Everyone had the same basic equipment (the only real qualifying factors being whether your set was color or black-and-white, and the size of the screen), and choice of programming was limited to whatever was on one of the three big networks at the exact time you were sitting on the couch, at least for those in the United States.

Boy, have things changed.

Now what we call TV includes everything from the old-school, over-the-air broadcasts, to cable programming, to video-on-demand, to the spiraling variety of video content available online. "Television" as a descriptor has become amorphous, its meaning constantly changing depending on its context. And what's changing even more drastically is the way we watch it; we have more options than ever to watch programming whenever and wherever we want.

That's terrific for consumers, at least on the surface level. But what does it mean for the business of TV—and the future of the programs we love? As common as pay TV is these days, most broadcasting is supported largely by advertising. With viewership fragmented between on-air broadcasts, video-on-demand, Hulu, Netflix, iTunes, and—importantly—illegal downloading, is it possible for networks and producers to get accurate data about who exactly is watching their shows? Are shows with niche appeal losing out because their numbers aren't being counted accurately? We decided to take a look at how the business of TV ratings is changing in the digital age.

The 5000-Channel Universe

Before we get into the sometimes-tricky business of ratings, let's take a look at the fragmented state of television audiences, and how we got here.

In television's real heyday in the 1950s and 1960s, practically all viewers were limited to what they could pick up on their "rabbit ear" antennas, which for the most part meant their local ABC, CBS, or NBC affiliates. It's hard to overstate how incredibly concentrated audiences were at that time. The Beatles' first appearance, on February 9, 1964, was watched in about 22 million households. Compared to a modern-day, big-ticket TV broadcast like American Idol's season nine finale, watched by 16 million households, that doesn't seem like such a big deal, even when you remember that the population of the US was about two-thirds of what it is today. But look at the percentages: 14.2 percent of households watched Idol, while an amazing 60 percent had their TVs tuned to the Fab Four in 1964, a figure that's simply unimaginable today.

Things began to get a little more complex with the widespread adoption of cable, which really took off in the '70s and '80s with the popularity of stations like TBS (Ted Turner's famous "superstation"), CNN and HBO. Widespread adoption of cable, along with both legal and grey-market satellite TV, opened up the "500-channel universe," a term coined by TCI executive John Malone, whose aggressive tactics (Wired called him the "Darth Vader of the Infobahn" in 1994) helped bring hundreds of new channels into American's homes.

The Internet would provide the next comprehensive, disruptive change in the way we watch TV, but it's worth mentioning two other developments that just predated the Internet video explosion by a hair, and which happened about the same time.
But how are Nielsen, and by extension, broadcasters and advertisers, keeping track of what you watch on your computer or download from torrent sites?
The first would be the DVD home video format, born in 1995 but adopted by consumers around the turn of the century. How did DVDs change the way we watch TV? Well, in the long and painful VHS era, people rented a lot of tapes, and they occasionally used them to record TV shows, but the market for actually purchasing movies on VHS was relatively small. In fact, movies were often "priced to rent"—sold for up to $100 for a single movie, and meant to be purchased by video rental stores. That changed with DVD, which were priced to sell to consumers—a smart bet, as for various reasons (size, quality, special features) people were willing to purchase DVDs in droves.

The culture of the DVD had an intriguing and unintentional side-effect on television. With some notable exceptions (like soap operas), TV prior to the DVD was largely single-episode-based—you'd have your rare season-ender cliffhanger or two-parter, but plot arcs were largely stuffed into individual episodes. (Watch an episode of Star Trek: The Next Generation some time and marvel at just how much story they could fit into 42 minutes.) Whether it caused it or not, the mass DVD purchasing phenomenon dovetailed perfectly with the shift towards long-arc stories—plots lasting multiple episodes or even whole seasons—on shows like The Sopranos and 24. DVDs seemed perfect for that kind of entertainment: who hasn't lost whole weekends to bingeing on seasons of Lost or The Wire? As viewers showed they were willing to shell out for whole seasons at a time, programmers surely took note.

The second major shift in the way we watch TV was the introduction of the DVR, or digital video recorder (also called the PVR—the "P" stands for "personal"). Made popular by TiVo, which released its first consumer device in 1999, the DVR allows viewers to do what's known as "timeshifting" in the industry—fancy terminology for "watching it later." You could already timeshift with VHS tapes, but that involved the world's least favorite task and butt of many a punchline, VCR programming. TiVo made it easy to keep track of your favorite shows automatically—even recording them while you watched something else. The technology became so popular, in fact, that TiVo itself became a victim of its own success, and fell by the wayside as cable companies rushed to make their own DVRs. From of a high of 4.418 million subscribers in July, 2006, TiVo reported only 2.272 million in their October 2010 earnings letter.

One of the other real advantages to consumers—but not advertisers or broadcasters—was the ability to fast-forward through commercials. In fact, one TiVo competitor, ReplayTV, offered the ability to skip them entirely, but was stopped by lawsuits from the major networks and removed the feature. But that ability to avoid commercials—one of the big selling points of much (but not all) of the TV you can watch on the Internet—is still an issue today, and as we'll see below, is very much taken account of by the TV ratings people. That's also true of VOD, or video-on-demand, which allows customers to watch stuff whenever without having to even set it up in advance (although Nielsen claims VOD numbers are small enough to be negligible).

The most recent—and most unpredictable—change in TV-watching is, of course, the boom in Internet video. Everything prior to Internet still involved sitting on the couch and looking at the same piece of tech; but now you can watch stuff via the Internet on your laptop, your phone, your tablet, or even… your television. Officially sanctioned stuff plays on sites like Hulu or network websites, albeit without the regular commercials, though some broadcasters are switching to a format called "TV Everywhere" which streams everything—including ads—exactly as it would appear on your TV screen (in your local market) to your computer. Show clips are uploaded to YouTube, with and without official permission. There are Web-only shows and downloadable video podcasts—do we even call that stuff "TV"? And finally, there's the elephant in the room—illegal or questionably legal streaming and downloading, the ultimate in convenience for those who don't want to pay. There are more ways to consume TV content today than ever before. So who's keeping track of it all?

The ratings game

In the middle of the first-season run of his show Louie on FX, comedian, writer, and star Louis CK tweeted (@louisck) "If you want LOUIE (on FX Tues. 11pm) to have a 2nd season, don't DVR, don't HULU. Watch it when it's on." The assumption was, of course, that only "live" TV viewing counts to broadcasters and that Internet viewership can't support a show. Was he right? Well, the answer is a little unclear.

Television ratings as we know them are synonymous with one company—Nielsen, which created the famous "Nielsen ratings" that measure television show's viewership. For broadcasters—and the advertisers who fund them—this is crucial data, determining the desirability, and thus price, of commercial airtime.

Nielsen's most famous methodology is the "diary," in which members of selected households record their viewing habits. Frankly, it's not the most reliable-sounding method, for a variety of reasons; you might forget to keep track of the shows you're watching, you might make mistakes, you might even deliberately keep false data if you'd rather have the ratings guys think you're watching PBS NewsHour than Keeping Up with the Kardashians.

Happily, while the diary system is still used in smaller markets, the national rating system has become much more sophisticated in recent decades. The company still picks a sample of Americans (about 20,000 households in total, totaling around 50,000 people)—not a random group, mind you, but one carefully selected to represent the country's demographics.

Every time a member in a Nielsen household sits in front of their TV, they're instructed to "check in" with the meter the company installs on the set. The meter logs what's being watched—and importantly for advertisers, who's watching it—by keeping track of Nielsen audio codes, silent to human ears, that are encoded in pretty much all programming and repeated every 2.6 seconds. Then, every morning at 3am, that data is sent back to their facility and processed, with the fresh ratings spit out to their clients. The crucial info is the "C3 rating," which measures how much any specific piece of programming has been watched in the three days from when it airs.

The code system allows for extremely granular data collection. For example, if you record a show on your DVR and play it the next day, it will still show up on the C3 rating, even if you didn't watch it "live." And, most importantly to advertisers, every commercial has its own unique code, which allows Nielsen to track whether you're fast-forwarding ads or not (according to the company, DVR users still watch about 45% of the commercials).

And DVR use keeps growing. "DVR penetration is growing dramatically," says Matt O'Grady, Nielsen's Executive Vice President of Media Product Leadership. "The biggest trend we see in TV is timeshifted viewing. In 2006, 6 percent of the TV-viewing country, which is pretty much everybody that's got cable, had a DVR. In 2010, we're almost up to 40 percent."

So that's how it works for the TV in your living room. But how are Nielsen, and by extension, broadcasters and advertisers, keeping track of what you watch on your computer or download from torrent sites? Well, in April Nielsen plans to being tracking what they call "extended screen," services like TV Everywhere. But here's where it gets a little tricky: services like Hulu or Xfinity (and of course, pirated shows) won't be counted in those numbers because they don't show the same commercials as the regular broadcasts. "You can't make up different rules for different screens, unless you want to treat that screen completely independently," O'Grady explains. "So the extended screen definition is, if you want credit for traditional TV—what we call 'commercial credit' or C3 credit—and you want that for your online contribution, then your telecast online has to match what you showed on TV."

"Hulu, Xfinity or NBC.com, whatever the site is, may have lower commercial loads," he continues. "We are committed to measuring that as well, but that moves away from currency, as we say. It moves away from the ability to monetize it just as TV is monetized—but there's great value in it."

It does raise some important questions though—for many, watching TV online is a way to get away from the restrictions (and ads) of the cable model, and TV Everywhere seems like a way to just transplant the current infrastructure online. (It's already getting flack from groups like Free Press, who claim it's anti-competitive.) Whether it will take hold or not among consumers is still in question. If broadcasters make their decisions based on regular and extended screen numbers only, they might not be working with representative data.

So was Louis CK right? Yes and no. If you DVRed episodes of Louie, you probably weren't doing much harm to his show's chances. Whether watching it on Hulu had impact either way is debatable—those numbers won't go to the advertisers that are responsible for most of FX's income, but the broadcaster will be seeing some revenue there. (Either way, someone must have explained that to him, because the tweet was deleted some time later.)

But, it should be added, according to Nielsen's studies (and they don't seem to really have a horse in this race either way), the overwhelming majority of viewing is still done on TVs. "There's a very interesting phenomenon happening in the marketplace, with online video garnering so much attention—and rightfully so, a lot of concern about how people continue to monetize their content on different screens," O'Grady says. "But the majority of the viewing today is still on the principal first screen. When you look at our numbers, for TV vs. online viewing vs. mobile viewing, it's predominantly TV. That makes sense; the 'best available screen' is what we call it, meaning the best viewing experience." Specifically, Nielsen's data shows American viewers each spending on average about 158 hours a month (sounds like a lot, doesn't it?) in front of the TV, with about three to four hours each for online and mobile.

The piracy factor

What Nielsen doesn't—and probably can't—measure is the number of people watching TV via "unofficial" channels online, such as bootleg streaming video sites or p2p file-sharing. "We could probably engineer that, but we're not in the business of doing that. We don't want to be the police," O'Grady says.

And, he adds, "What Nielsen takes very seriously—which you have to in this business—is representative samples. It would be very hard to get a representative sample of people who are readily admitting themselves as viewers of pirated content! [laughs] So I don't know how we'd do that, but you never know how the world's going to change."

One person who does have their eye on those often-murky waters is Ernesto Van Der Sar, the pseudonymous blogger behind torrentfreak.com, whose weekly "Most Pirated" Top 10 lists are reprinted by industry journal The Hollywood Reporter. Van Der Sar's weekly lists mostly focus on films; he used to follow TV on that schedule but now only does round-ups only annually, because, as he says "there were generally only a few small changes from week to week."

Nonetheless he does keep track, albeit with a methodology a little cruder than that of Nielsen's—though given his resources and the data he's working with, that's by necessity. "Public BitTorrent trackers report the number of downloads," he explains. "What we do is poll all of the public trackers we can find every day and collect all the data in a huge database. We then use filters to group similar titles and extract the most downloaded titles at the end of the week. For some trackers that do not report the actual downloads, we use a combination of downloaders and the file size to accurately estimate the number of downloads."

In his year-end roundups (such as this one), Van Der Sar then compares the downloading numbers to Nielsen's. The results vary from show to show; some attract more downloaders than viewers, some quite the opposite. Torrentfreak.com's pick for top-downloaded show last year, Heroes, for example, was downloaded 6,580,000 times, while Nielsen reported 5,900,000 US viewers. Number 10 on the list, True Blood, saw 1,600,000 downloads for its estimated 12,400,000 US watchers.

It does imply a sort of shadow audience; if those numbers are accurate, Heroes was only slightly behind True Blood, despite the latter show's numbers being almost double. But that's not the whole story—it's not accurate to assume these are all US-based viewers who would otherwise be watching Heroes on cable.

"This is a difficult question, because the effect can go both ways," Van Der Sar says. "Piracy might hurt the ratings of a show marginally because people do not watch the episode through official channels, but it is doubtful that these downloaders would have seen the show at all if it weren't for piracy."

And, importantly, he adds, "Most of the downloaders come from outside the US, so these have no impact on US ratings. On the flipside, one could argue that BitTorrent has actually helped TV-shows to build a stronger, broader, and more involved fanbase. People can catch up with a missed episode quite easily, in high-quality video whenever and wherever they want. The rise of unauthorized downloading of TV-shows is a signal that customers want something that is not available through other channels. Availability and convenience seems to be the key issue why people turn to BitTorrent." In other words, the very factors that are driving DVRs and time shifting are underlying piracy as well.

According to Van Der Sar, TV piracy is not necessarily an industry-crippler the way p2p mp3 sharing was for the music industry, but possibly an opportunity in disguise. "I don't think TV networks should be afraid of BitTorrent or piracy in general," he says. "But they shouldn't ignore it either. Piracy is a market signal, an opportunity. If interpreted correctly, TV-networks may hugely benefit from piracy by selling their shows to regions where the demand is highest. On the other hand, if they want piracy to decrease they only have to make their content available in user-friendly format. Hulu already decreased TV piracy in the US significantly, but there's still a lot of work to do, especially outside the US."

Whether that takes the form of region-specific viewing options that duplicate the TV experience completely, like TV Everywhere, or more à la carte options like Hulu, Netflix, iTunes/AppleTV and Xfinity remains to be seen. What's clear though, is that while the audience may be fragmenting, they're after the same thing—the shows they love, in a format that's easy and convenient to watch. That's simple enough, but keeping track of TV viewers' often-fickle desires is more complicated than ever before. And as viewing methods venture more towards the unconventional, broadcasters' methods of tracking their audiences will have to follow.

Thursday, August 12, 2010

53 gay porn pirates face new round of P2P lawsuits

(So, if the RIAA's biggest target is gay porn sharers, I have to wonder about their ability to prosecute. I mean, I guess there are several gay porn sharers out there, but more than people sharing Avatar?--jef)

***


By Nate Anderson | 08/11/10 | Ars Technica

It's not just the game plan of the RIAA and the new US Copyright Group—numerous rightsholders have resorted to mass federal lawsuits against P2P users, including those in the gay porn industry. On Monday, Lucas Entertainment filed its first such lawsuit targeting 53 BitTorrent users alleged to have shared its pornographic film Kings of New York.

The complaint is brief. Lucas says nothing about why it thinks that these users downloaded its film except to note that "monitoring of online infringement of Plaintiff's motion picture is ongoing." Instead, it has simply presented the judge with a list of 53 IP addresses, all of which are said to have visited gay-torrents.net ("a private website known for its vast index of videos depicting gay pornography") and then shared the film in question.

In a separate sworn declaration filed yesterday, however, Lucas shed some light on its information collection practices. What does a porn producer know about tracking BitTorrent users? Little, so Lucas hired the Copyright Defense Agency, a new firm with an almost nonfunctional website.

You too can become a BitTorrent detective!

According to Eric Green, CDA's chief operating officer and a former Verizon mid-level manager, he took over CDA's operation in July of this year and operates from Las Colinas, Texas. On August 5, under contract from Lucas, Green "searched for the film on public and private torrent sites," then downloaded what he found on gay-torrents.net. He then recorded the IP address of every computer serving him pieces of the file. Sophisticated, this was not.

While some companies have custom software and carefully documented processes, Green "recorded what I observed both as plain text in a spreadsheet and through a series of screenshots executed through the Windows Operating System, which captured exactly what was being displayed on my computer screen at the time the screenshots were taken. The time of these observations was duly noted in my spreadsheet."

Next, he took his 53 IP addresses and sent each one to MaxMind, an IP lookup service, which told him which service provider controlled the block of addresses that included his target. Green then "manually" did his own reverse DNS lookup "to confirm that the IP addresses were not faked and that they properly corresponded with their internet routing assignments, as designated by the listed service provider."

When his torrent download completed, Green took a look. He "opened the file and watched enough of the film, at varying intervals, to determine it was indeed the film for which it was named, Plaintiff’s film, Kings of New York. It was indeed a perfect and unauthorized copy of said film. I then saved copies of my logs and screenshots to a secure and private web server for archival purposes."

Moving quickly

The time between the alleged infringement and the filing of the federal lawsuit was amazingly short: three or four days. The infringements were detected on August 5-6, and the Lucas lawsuit was filed on August 9.

In addition, the company has already asked the judge to force ISPs to respond to subpoenas in 15 days or less. Clearly, speed is an issue.

The suit also claims the copyright infringement here was "intentional," which opens the door to much higher statutory damages that top out at $150,000 per infringement.

More defendants will be added to the case before it's over. Lucas suggests that "information obtained in discovery will lead to the identification of additional infringing parties," and its ongoing "monitoring" may contribute more names, too. These sorts of schemes generally rely more on settlement letters than actual trials to collect the cash, however; something that may be doubly true when gay porn is the issue.

Tuesday, June 15, 2010

‘World’s Worst Director’ sues thousands over illicit downloads

By Muriel Kane
Sunday, June 13th, 2010

The long-running debate over Internet file sharing seems certain to be renewed as a result of litigation filed by a Washington, DC legal group against more than 14,000 unidentified "John Does," who are alleged to have downloaded movies from various independent producers using BitTorrent.

According to the Washington Post, attorneys for the US Copyright Group say their goal is to save the film industry from copyright pirates, but the three advocacy groups which have filed a friend-of-the-court brief (pdf) in the case charge that they're only in it for the money.

"These are organizations that are formed for the purpose of suing, and they view the legal system as a system for making money and then use it to fund additional lawsuits," Electronic Frontier Foundation (EFF) attorney Jennifer Granick told thePost. "At least the RIAA was a real organization," she added.

Adding to the interest value of the case is that the most prominent of the filmmakers behind the suit is Uwe Boll, widely known as "the world's worst director."

"This month, Boll found a new revenue source: mass lawsuits against P2P downloaders in US federal court," Ars Technica reported in April. "The first suit from Achte/Neunte Boll Kino Beteiligungs GmbH targets 'Does 1-2,094' over their alleged sharing of Far Cry on BitTorrent networks. The move is part of a new international approach to recouping some of the money believed lost to online piracy. It is spearheaded in the US by a new entity calling itself the US Copyright Group, which has filed a host of such lawsuits in recent weeks against P2P users, mostly involving smaller independent films. The Hollywood Reporter first noted the lawsuit campaign, which isn't designed so much to stop piracy as to monetize it."
"Boll's specialty is optioning gaming franchises with built-in name recognition," Wired explained in 2006, "then somehow managing to snag high-profile actors.... He is also a savvy businessman. His production company, Boll KG, exploits a German tax loophole, so even when he films an English-language movie in Canada ... his financiers get a fat write-off from the German government."

"Like a modern-day Ed Wood, or a poor man's Michael Bay," the story continued, "Boll appears competent in every aspect of filmmaking except the actual making of the film. His movies are haphazardly scripted, sloppily edited, badly acted and, most crucially, brutally received. Out of 350,000-plus films rated by users of the encyclopedic movie site Internet Movie Database, Boll's three game flicks all rank in the bottom 100. Critics, especially the legion of armchair Eberts who post scathing reviews on the Web, have made a sport out of beating up the director."

The US Copyright Group, which is leading the lawsuits, began by identifying the Internet addresses of thousands of individuals who had downloaded movies from filesharing websites and then subpoenaed their service providers to obtain their identities. Verizon and Comcast have complied with the subpoenas, and some of those receiving "pre-litigation cease and desist orders" have already chosen to pay $1500 to $2500 to settle out of court, rather than face a potential penalty of $150,000 per download.

Time Warner Cable, however, is resisting the subpoena on the grounds that it would be burdensome and costly to supply the requested data, and the brief filed by EFF, Public Citizen, and the Washington chapter of the American Civil Liberties union is intended to support Time Warner in the case.

The primary argument raised by the advocacy groups is that there is no justification for filing a single case against thousands of individuals who are linked only by having downloaded the same movie. "By requiring those sued to defend these cases in D.C., regardless of where they live, and by having thousands of defendants lumped into a single case, the USCG has stacked the deck against the defendants," EFF attorney Corynne McSherry explained.

The brief also raises the issue of online anonymity, noting that "robust protection for the right to engage in anonymous communication -- to speak, read, view, listen, and/or associate anonymously -- is fundamental to a free society. ... Courts in this District have recognized that First Amendment protections extend to the anonymous publication of expressive works on the Internet even where, as here, that publication is alleged to infringe copyrights."

It further notes that courts "have recognized that ... at the outset of the litigation, the plaintiff has done no more than allege wrongdoing, and mere allegations generally do not overcome a privilege. They have further recognized that a serious chilling effect on anonymous speech would result if Internet users knew they could be identified by persons who merely allege wrongdoing, without necessarily having any evidence thereof, or any intention of carrying through with actual litigation."