New York Piracy Law Smells Fishy Says Pirates

Written by Ben Jones on May 06, 2008 

A new anti-piracy law, proposed yesterday by New York State Attorney General Andrew Cuomo has been criticized as pointless pandering to lobby groups, and ‘cronyism’. Worse, the bill is based on date from the widely discredited LEK study of 2006.

The new law proposes to make the recording of films in a cinema a class A misdemeanor with penalties of up to a year in prison, and a $1,000 fine for a first offender. Repeat offenders would be charged with a felony, and correspondingly higher penalties.

Unusually, however, the bill is unnecessary, as the Family Entertainment and Copyright Act of 2005 (link) already criminalized this action, with much stronger penalties. The question then seems to be not what the act is about, but WHY?

Fortunately. The answer isn’t hard to guess at with some digging. Mr Cuomo, has, like the MPAA chairman Dan Glickman, strong ties to the Clintons. Cuomo was considering running for the US Senate in 2000, but allowed current presidential candidate Hillary Clinton to run for that seat instead.

At the time, he was a Cabinet Secretary in her husband Bill’s, White House, serving as ‘Secretary of Housing and Urban Development’, during the same period that current MPAA chairman Dan Glickman was serving as ‘Secretary of Agriculture’. To some, that seems more than coincidence.

It is little surprise then, that the announcements for the law contain data from the MPAA’s 2006 LEK study as their only supporting evidence. A study which has not only been widely ridiculed (including by me), but which the MPAA has themselves undermined earlier this year.

Speaking out against the bill has been the US Pirate Party, calling it “a disgusting act of cronyism”. Ray Jenson, the Party’s operations officer , commented on the bill saying, “There can be no justice in this country, if a lobby group can effectively ‘buy’ former colleagues to propose laws like these.” The Party also hinted that they would soon be releasing a study, showing a more realistic view of the damage caused by ‘cinema camming’.

Whilst the law hasn’t been passed yet, the support shows that at least some of the millions the MPAA has pumped into its lobbying efforts have not been in vain. Meanwhile the chairman of the US Pirate Party, Andrew Norton, had this comment to offer. “In the end, no amount of laws will save the horse-and-cart that is the Entertainment Industry right now, from technological progress in this automobile age.”

The NY Attorney General’s office had not replied to calls for comment at the time of publication.

Previously: Most Popular DVDrips on BitTorrent (wk18)

Next: Test: Does Your ISP Slow Down BitTorrent Traffic?

32 Responses (Add yours or TrackBack)

1 May 06, 2008 at 18:14 by Anonymous

Another failed attempt by the MPAA to stop file sharing.

2 May 06, 2008 at 18:22 by Anonymous

“Unusually, however, the bill is unnecessary, as the Family Entertainment and Copyright Act of 2005 (link) already criminalized this action, with much stronger penalties.”

Then wouldn’t this be a step down?

3 May 06, 2008 at 18:26 by Ben Jones

no, they can pick to use the stronger bill if they want, or think they can, whilst the new bill can be used to extend the potential reach. A state law never superceeds a federal law. It can be used instead, however. At least, thats my understanding of US law - IANAL

4 May 06, 2008 at 18:28 by tlok

I think NY should be worrying more about the real criminals….Like their politicians.

5 May 06, 2008 at 18:28 by Anonymous

[quote comment="377744"]no, they can pick to use the stronger bill if they want, or think they can, whilst the new bill can be used to extend the potential reach. A state law never superceeds a federal law. It can be used instead, however. At least, thats my understanding of US law - IANAL[/quote]
So they can be both used at the same time (i. e. additional penalties for violating both laws)?

6 May 06, 2008 at 18:50 by Ben Jones

no, that would fall under double jeopardy - same as you can’t use ‘murder’ and ‘assult with a deadly weapon’ and ‘assault’ on someone.

7 May 07, 2008 at 00:31 by nevermind1534

I think you’re right, but I know for sure that double jeopardy is going to court, being found not guilty, and being charged with the same crime again.

8 May 07, 2008 at 00:38 by RC

While I don’t like how things seem to be progressing who downloads cam rips anyway? Some of them are so bad…wait for the DVD rip people

9 May 07, 2008 at 00:41 by Anonymous

data*

10 May 07, 2008 at 00:53 by harry ballzack.

well, I know that Michael Vick was charged twice. state, and then federal. That happens all the time.

11 May 07, 2008 at 02:24 by Fugazi

Do you remember the torrentfreak article about the Movie Screening Security Guards?

12 May 07, 2008 at 03:02 by Dan Glickman Will Be My Bitch!

Well, well, well. Gee, why am I not surprised to see Glickman’s name associated with cronyism? This dirtbag with all the ethics of pond scum has spent a career ass-deep in influence peddling and coddling corporate criminals, including his time in the Clinton cabinet.

Here is a pathetic little man under whose leadership has not only steered the helm of the MPAA into active participation in outright criminal acts such as hiring hackers to break into torrent and p2p sites, proving beyond all doubt who the real outlaws are, but has publicly stated on more than one occasion his outright and literal hatred of filesharers. Jack Valenti had his faults and was certainly no friend of filesharers, but at least he never stooped to outright criminal actions when he ran the MPAA. Whatever respect and credibility the MPAA ever had under Valenti’s leadership, has been tossed aside like yesterday’s newspaper by Dan Glickman’s stewardship of the organization as he follows, and acts on, his obsessive hatred of filesharers that borders on clinical psychosis. Glickman is determined to crush filesharing by any means necessary, even when those means are illegal.

You can expect Mr. Glickman to continue his whining as MPAA continues to lose on all fronts in it’s war against it’s own customers.

Hey, Glickman! Tell us more bullshit about how the industry is losing so much money due to filesharing. There are currently, at the time of this posting, over 10 different cams of Iron Man floating around. You can’t go on the net without seeing multiple versions readily available. And yet Iron Man took in over $200 million USD worldwide in just it’s first two days. So tell me another fairy tale about Hollywood struggling to get by because pirates are bankrupting the studios.

If Dan Glickman was Pinocchio, even the biggest stretch limo in Hollywood couldn’t accommodate his nose, world-class liar that he is.

Hoist the sails and fly the Jolly Roger proudly, mateys. Yarr, there’s plundering to be done.

And an MPAA chairman to keel-haul.

Ramming speed!

13 May 07, 2008 at 03:03 by Fugazi

The solution here: use a camera with a WLAN card and share directly from your cinema chair. No recording will be necessary with such a camera nor will the recording take place within the cinema.

14 May 07, 2008 at 03:39 by Alexander Schiendler

[quote comment="377848"]well, I know that Michael Vick was charged twice. state, and then federal. That happens all the time.[/quote]
He was abusing more than one dog, a charge for each. I’m sure it would be the same deal (IE: 1 Charge P/ 1 Movie)

15 May 07, 2008 at 04:21 by Anonymous

WTF MPAA WILL YOU GET THE FUCK AWAY!YOU ARE NOT GOING TO STOP FILE SHARING.

16 May 07, 2008 at 04:22 by Jim

I’ve worked in a Cinema in the UK where they’ve used people to stop recording. When we showed the latest Potter movie for the 1st time there were two guys with night vision goggles in the screens and they wanted us to ‘remove’ phones from the paying public that could record video (which we didn’t because it would be illegal)

Movies I really want to watch I will go to the cinema to see and pay their pound of flesh. Movies I missed because I feel its not worth the cost of the ticket and would never concider buying on DVD (I do buy lots of DVDs) I torrent once the dvd is out.

If I was never going to give the MPAA money via a ticket/dvd in the 1st place they cannot claim that they lost it to piracy. Unless the MPAA belive all money is theirs by right and we humble plebs are just keeping it safe for them.

Evolve or Die.

17 May 07, 2008 at 05:06 by amonious

[quote comment="377834"]While I don’t like how things seem to be progressing who downloads cam rips anyway? Some of them are so bad…wait for the DVD rip people[/quote]
Actually some are good too, but the quality of many should be a cause for rejoicing to the movie moguls as it’s free advertising, in that if someone enjoys it they’ll want to see a good quality version. Of course that doesn’t stop them wanting revenge.

18 May 07, 2008 at 05:25 by Baux

#12 QFFT

19 May 07, 2008 at 06:57 by Dan Glickman Will Be My Bitch!

[quote comment="378119"]#12 QFFT[/quote]

Translation?

20 May 07, 2008 at 07:16 by Baux

Quote For Fucking Truth :)

21 May 07, 2008 at 07:28 by MD 20/20

Q.E.D.

22 May 08, 2008 at 00:25 by UraPhake

This article amplifies the reason that the “US Pirate Party” needs to get another name.

Do they really believe anyone in Congress will take their comments under advisement (even if they are supremely correct) regarding an issue like this that is directed toward movie piracy?

They might as well be N.A.M.B.L.A. speaking their displeasure toward a Bill regarding acts of paedophilia for all the good it will do them.

23 May 09, 2008 at 13:28 by Belligerent Engine

Uhh… Let’s see if I got this straight. Family Entertainment and Copyright Act, which is a Law.

F.E.C.A.L.

Well, that’s aptly named.

24 May 10, 2008 at 09:15 by AvangionQ

“Whilst the law hasn’t been passed yet, the support shows that at least some of the millions the MPAA has pumped into its lobbying efforts have not been in vain. Meanwhile the chairman of the US Pirate Party, Andrew Norton, had this comment to offer. “In the end, no amount of laws will save the horse-and-cart that is the Entertainment Industry right now, from technological progress in this automobile age.”” … a sentiment I agree with wholeheartedly — the MPAA and RIAA cannot seem to adapt to the digital age … eventually, such stubbornness will only lead to the downfall of their corporations …

25 May 20, 2008 at 19:00 by Jack Sparrow

If they want to stop piracy they can but they to gritty for that. Instead they keep spending money on a war they never ever will win unless they sit down and think.
One of the reason people are not going to the movies as much as before is because the entire U.S is going broke and with this said, a average family of 4 mother father and 2 child will spend a average of $10 + $10 + $6 +$6 entry fee = $32 + snacks of course you can’t bring not even a bottle of F water in so you have to buy everything in theaters.
A $1 soda will cost you 3x its value so does popcorn and the rest of they bull S***.
So it should add up to minimum of $55 to see one movie vs buying a $5 copy and order large pizza for the hole family $15 = $20. if they stop ripping people off would help.

Everyone knows they spend millions an advertising movies, and help sell piracy because that makes kids go crazy they can’t watch tv without seen the same movie preview 20 times a day, making the parents go crazy and without the money to go to the movies well he will by a $5 copy. So cut that huge budget a little bit buddy. STOP PUTTING BULL S*** IN MY CHILD’S HEAD STOP PROMOTING THE SAME CRAP 20 TIMES A DAY. See if you could make a family special example: parents and children group of 5 $20 + $3 per extra child and at least one free popcorn.
And $5 for person not only and Tuesday when people got to work.

And stop saying piracy is a bad thing or is hurting people or making Hollywood go bankrupt. Who do you really want me to feel sorry for the studios who made over 100 millions in one year instead of 200 millions. Or people or families who can’t afford to go to the movies because the crazy prices. Thanks to the pirates who sell then to families and make it affordable. thanks to the pirates who sell then to all these teens in the street and make them at least for that night to be off the street committing real crimes or getting shot.
And when the DVD hits the stores stop charging $20+ for it we all know it cost less than a stupid $1 to make plus you already made 3x or more of all the money invested in movie theaters Stop paying so much for a stupid actor I think one million should be enough Jesus Christ” ill do a movie for less than 100,000 all the ones you want. A good movie will sell no mare who is in it I didn’t know no one on the movie 300 and that’s my S***.
I can’t believe that this gritty people are trying to compare a Movie pirate with a (murderer) (rapist) (robbers who steal from people who don’t make 100,000 a year)
For real for real these is a war of the rich vs the poor and call them pirates all you want
To me they are ROBBIN HOODS

Jack Sparrow

Add your response

It takes approximately 1 minute for your comment to appear on TorrentFreak after it's posted.