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Art Brodsky

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Hollywood's Arrogance Brought on the #stopsopa Blackout

Posted: 01/18/12 07:29 AM ET

The Web blackout protests are the clearest evidence yet that the movie lobby and its preeminent tweeter, Rupert Murdoch, have it all wrong. They don't know who their enemy is. They don't even know which battle they are supposed to be fighting. All of that makes for a messy confrontation.

The story line ginned up in coverage of the Protect Intellectual Property Act (PIPA) and Stop Online Piracy Act (SOPA) is that the dispute is between Silicon Valley and Hollywood. Or, if you read the entertainment publications, it's between Hollywood and Silicon Valley. No, the fight is broader. It's between Hollywood and America.

Murdoch brought some new prominence to the mistaken meme with a series of tweets for his new Twitter account on Jan. 14, following the release of a White House statement opposing the PIPA and SOPA bills in their current form. A day earlier, House Judiciary Committee Chairman Lamar Smith (R-TX) suspended the committee votes scheduled originally for Jan. 18, although he later said the votes would take place in February. Oversight Committee Chairman Darrell Issa (R-CA) cancelled his hearing that would have featured cybersecurity experts, venture capitalists and others opposed to the bill on assurances from Majority Leader Eric Cantor (R-VA) that only a consensus bill would advance to the House floor. Even though the House action was postponed, the Senate is still set to vote on Jan. 24 on its version, PIPA> That's why the protests are going on anyway.

But we digress. Murdoch's tweets:

"So Obama has thrown in his lot with Silicon Valley paymasters who threaten all software creators with piracy, plain thievery."

Then he piled on to Google. "Piracy leader is Google who streams movies free, sells advts around them. No wonder pouring millions into lobbying."

The third tweet, "Film making risky as hell. This has to lead to less, hurting writers, actors, all concerned."

He ended the string on the 14th by saying he had "Just been to google search for mission impossible. Wow, several sites offering free links. I rest my case." On Monday, he went on another binge, tweeting, "Seems like universal anger with Optus (he meant POTUS, abbreviation for President of the United States) from all sorts of normal supporters. Maybe backing pirates a rare miscalculation by friend Axelrod." He was referring to David Axelrod, chief strategist for President Obama.

Yes, Google is opposed to the intolerable bills, and put up an opposition link on its fabled home page under the headline, "Fight Piracy, Not Liberty." Google, not coincidentally, was the sole witness at the one House Judiciary Committee hearing on SOPA and was there not so much for its substance but to serve as a whipping post for Committee members.

Other Silicon Valley companies, Facebook, Twitter and Yahoo! have registered their displeasure. Yet the industry, like Murdoch, is under the impression that Google and the others are controlling this debate. They are not. Tech companies, frankly, haven't shown the ability to control much of anything in Washington. Despite what Murdoch claims, their lobbying spending and clout is far out matched by the Big Media Megaliths.

That's also why the Motion Picture Association of America's (MPAA) statement about the blackout was by turns amusing, and infuriating. It was the MPAA that wrote and pushed PIPA and SOPA upon their congressional friends, no doubt telling them that the bill was needed, and that their wouldn't be any opposition that couldn't be overcome. Now, protests are turning up all over the country. Instead of recognizing the reality, MPAA asserts, "some technology business interests are resorting to stunts that punish their users or turn them into their corporate pawns, rather than coming to the table to find solutions to a problem that all now seem to agree is very real and damaging."

MPAA continued, "It is an irresponsible response and a disservice to people who rely on them for information and use their services. It is also an abuse of power given the freedoms these companies enjoy in the marketplace today. It's a dangerous and troubling development when the platforms that serve as gateways to information intentionally skew the facts to incite their users in order to further their corporate interests." An abuse of power? Furthering of corporate interests? What do they think their two pieces of misbegotten legislation are? What do they think the stacked hearing was all about?

Abuse of power? MPAA and its cohorts have proposed Draconian bills for years, with no shortage of politicians eager to take the movie money, dine with the stars, and crack down on the Internet which few of the august members of Congress admittedly don't understand.

MPAA said the "so-called 'blackout' is yet another gimmick, albeit a dangerous one, designed to punish elected and administration officials who are working diligently to protect American jobs from foreign criminals. It is our hope that the White House and the Congress will call on those who intend to stage this 'blackout' to stop the hyperbole and PR stunts and engage in meaningful efforts to combat piracy."

By "meaningful efforts," the MPAA means combat the problem they see, on their terms. The fact that companies comply with thousands of notices under the 1998 law the movie companies wanted, and got, means nothing. The industry declines to endorse the legislative alternative that's out there, sponsored by Sen. Ron Wyden (D-OR), Issa, and Rep. Zoe Lofgren (D-CA).

The dismissal of the blackout as a stunt is simply insulting. It's insulting to actor George Takei, who is blacking out his site. It's insulting to filmmaker Nina Paley, who is blacking out hers. It's insulting to gamers and those companies which produce video games defying their trade association to join the protest. It's insulting Wikipedia, Reddit, Wordpress and to the 10,000 or so sites that will participate in the protest the best way they know how. It's insulting to the Internet Archive or Wikipecia. Look at this list. That's not Silicon Valley speaking. It's America speaking

The arrogance of power that pushes these bills refuses to see the political opposition is coming form all directions. It's the liberal and conservative groups, which rarely find common ground, standing firmly on that ground in this effort. When Demand Progress, run by a fairly liberal group, and Don't Censor the Net, run by a former webmaster for the George Bush campaign, get together, that's a unique and powerful alliance. Throw in the Heritage Foundation, the Cato Institute and the Tea Party, all in opposition, and it's a wonder there are any votes for these monstrosities at all.

In addition to mistaking the opposition, the movie lobby is once again failing to recognize what is at issue. Publisher and content creator Tim O'Reilly, in announcing his support for the blackout, put it best, "Before Solving a Problem, Make Sure You've Got the Right Problem." As O'Reilly advises, "If the goal is really to support jobs and the American economy, internet 'protectionism' is not the way to do it," and he questions the extent to which there is a "piracy" problem. So far, he hasn't seen any real evidence: "Defining the problem means collecting and studying real evidence, not the overblown claims of an industry that has fought the introduction of every new technology that has turned out, in the end, to grow their business rather than threaten it."

If Congress wants to do this right, it should start at the bottom by conducting hearings and studies to determine the extent of the "piracy," and to consider whether it's a business model problem or an enforcement problem facing the industry. Then it should listen to all sides, including those ignored in the SOPA/PIPA fiasco -- law professors, Internet engineers, human rights activists, artists, public interest groups, educators, library professionals, among others, who wrote to Congress in protest. And it should listen to the tens of thousands of ordinary people who called to complain.

And should Congress follow Murdoch's example and look up "Mission Impossible" on Google, it will find right at the top, the official trailer for the movie, which has so far taken in $189.4 million on domestic box office.

 

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HUFFPOST SUPER USER
Giggie
06:00 AM on 01/19/2012
If these laws get passed the Internet will be really diminished. That would be too bad.
HUFFPOST SUPER USER
vaeho
woof
06:30 PM on 01/18/2012
Google's arrogance brought about the blackout and it is a good thing. the world would be a better place for you and me without Google.
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HUFFPOST SUPER USER
Mikdow
eat the banks
02:44 PM on 01/19/2012
Really? Please explain?
04:16 PM on 01/18/2012
The MPAA assumes that the paying public is a bunch of pirates on the side. When my kids want to watch a DVD, they do not need to watch an FBI warning that cannot be skipped (for the millionth time). Nor do I, for that matter. I don't steal movies or music. If something is good enough for me to watch or listen, I'll gladly pay, but don't steal my time by forcing me to watch something that implies I'm a theif!
03:42 PM on 01/18/2012
I think the movie industry and our politicians need an overhaul. Both parties are ridiculous in there thinking, corrupt and so far from reality it’s crazy. This is a perfect example how government keeps trying to limit our freedoms becomes some comes along with deep pockets and wants things there way. So what’s next if this goes through, censorship. Is the government going to yet waist more money and start an agency that blocks sites like the Chinese government does? Are they going to monitor blogs? How about this, the movie industry gets some real ideas for a good movie where if there is a sex scene it actually contributes to the story line of the movie, not just to put one in. How about they come up with new concepts and stop remaking old TV shows into movies or redoing older movies. How about they focus on what they’re supposed to entertainment, because honestly, if someone like the movie, they’re going to buy it. Any piracy going on I guarantee you isn’t hurting their bottom line, unless it’s because the movie sucks so bad no one wants to buy it anyway.
03:41 PM on 01/18/2012
Good piece, Art!
03:38 PM on 01/18/2012
I think those of us who do pay for movies should stop paying any more. Clearly they could care less about consumers. Most movies today are dreck anyway. If people would boycott the industry as a whole then they might be more reluctant to screw the American people. Shame on these Democrats as well who are supporting this bill.
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01:27 PM on 01/18/2012
These bills are as much about piracy as voter ID laws are about election fraud. It's about power, and the last thing the world needs is to give Murdoch more power.
01:13 PM on 01/18/2012
What we are starting to see is the beginning of the next revolution...the Occupiers, TeaPartiers, and even this Blackout. The status quo in all aspects of our lifes is no longer acceptable there is a baseline movement for self governing freedoms and more importantly respect of those freedoms and a need for our elected officials to not only recognize but listen to the needs of the masses, if not then these past few years will later be looked upon as the early stages of when the structure of society changed.
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Gavin Saunders
we only have each other
03:44 PM on 01/18/2012
Agreed.
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whirlybird
Time's a-wastin'!
11:32 AM on 01/18/2012
There's actually very little that the movie industry contributes to the consciousness or well-being of it's viewers. Screw'em.
11:26 AM on 01/18/2012
How about they clean up the filthy movie theatres, bar teenagers from going, and come up with some fresh ideas for movies?

The proof is in the pudding. Why pay $10 for a miserable experience when I can watch it in my living room?
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10:37 AM on 01/18/2012
The biggest insanity of this is that the proponents of SOPA are shooting ==themselves== in the foot.

They've got a golden goose on their hands: the ability to distribute their product to paying customers worldwide for absolutely nothing. They're also getting free advertising in the form of movie-clips on YouTube and Facebook. This is the sort of "buzz" that money really can't buy.

But neither Hollywood nor Nashville nor "Tin Pan Alley" have ever forgotten what they still consider to be the glory days: when Moguls owned content and the only means to produce and distribute it, making creative artists worldwide their unwilling slaves. Many a record album sold millions of copies and benefited their creator not one red cent, because of "expenses to be paid, you know."

But music escaped, and so did video. Alternative methods of manufacturing, distributing, and, yes, SELLING creative content appeared which completely cut-out the former Media Moguls from the game ... and money is no object to them in getting that back. "You want $15 million an hour from now until the time of the vote if you vote 'Yea,' Senator? You got it!" Yes, this part of the present political environment in the United States, they know extremely well indeed.

The Internet =has= transformed the entire media business, in ways that has profited these Moguls in ways they could never have anticipated. But they can't see it, for their love of their imagined past power and glory.
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bbrown37
Wherever you go, there you are
10:24 AM on 01/18/2012
It goes to show Congress has an open-door policy, just not for their constituents. Actual human beings and businesses that are revolutionizing how we do just about everything are against this.

They're smarter than you, Lamar.

He's from Texas, right? Dallas is a booming location for mobile and internet start-ups. Austin houses some internet media giants as well. This is downright dumb.
HUFFPOST SUPER USER
ndem
10:14 AM on 01/18/2012
The MPAA is not about protecting artists, it is about protecting one of the US' biggest exporters the studios profits. So many of the studios entities and partners and the studios themselves have all of their profits offhore and pay next to no taxes. Jack Valenti was previously the PR guy for the US oil industry before working for the MPAA and the guy who followed him was the head of the Dept of Agriculture...whether it is Monsanto GMO foods or Hollywood product, make no mistake, it is about profits. They are used to being the gatekeepers, see that they are losing control of profit streams and want to control everything also opinion access everything! We need a pirate party in US like in Sweden and Berlin!
08:59 AM on 01/18/2012
Hollywood heros think they can bend the Earth over their desk like a starlet wannabee. Self importance is the only importance they recognize. The Earth is more than a marketplace for DVDs. They are nothing more that the vain captains of very small tugboats. But, they dream big, if not well. They are upset. They want to be Kings of the World. They ain't. Just bitchy. Not quite the same thing.
08:48 AM on 01/18/2012
Threaten basic freedoms in America, and see what happens? The movie industry needs an overhaul, new brains to begin with.