Sony Accused of Pirating Music In "The Interview" 180
the simurgh writes As the controversy surrounding Sony's handling of its hack, the movie The Interview and its aftermath continues, a singer is claiming that after failing to reach terms with Sony, the company put her music in the movie anyway. Yoon Mi-rae (real name Natasha Shanta Reid) is a U.S.-born hip hop and R&B singer who currently releases music on the Feel Ghood Music label. Sshe and her label claim that her track we learned that the track 'Pay Day' has been used without permission, legal procedure, or contracts.
Hmmm ... (Score:5, Insightful)
So, once again, if we do this we get crushed under the heel of a team of lawyers.
But a multinational like Sony does it and I bet they'll just dicker and claim some bullshit like fair use they routinely deny exists.
I sincerely hope Sony has to pay a massive fine for this ... something on par with what we'd get beat down with.
Re:Hmmm ... (Score:5, Funny)
Maybe she should have put a rootkit on her CD?
Re:Hmmm ... (Score:5, Funny)
Maybe she did, and that was how Sony got hacked...
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Maybe she did, and that was how Sony got hacked...
You win the internet for the day.
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Unless Sony shows that they did have a contract. I seriously doubt an outfit like Sony wouldn't just replace her music if the couldn't get a contract, and I seriously doubt they couldn't get a contract.
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TFA actually quotes the label threatening to sue.
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Considering Sony's HUGE corporate interest in making sure everybody obeys copyright law, if this really happened it could only be a screwup and if that's the case, they'll settle. There's absolutely no rationale for them to fight the claims if they're true.
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How do you know which kind of contract she has with her label and who 'owns the rights' to the music?
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How do you know which kind of contract she has with her label and who 'owns the rights' to the music?
What did I say that makes you think I know?
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Not if they slapped the press all over with it. The best way to combat sony is to humiliate it in every media possible. get it out there that they STOLE her music and are making millions off of her hard work.
Under the DMCA Sony needs to pay her $22.7 Trillion dollars for her losses. Use SONY's own bullshit made up numbers, bankrupt the whole fucking company over it like they do to people that can't defend themselves.
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Dude, the DMCA does not apply in this case ... it is a simple copyright law issue.
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So, once again, if we do this we get crushed under the heel of a team of lawyers.
But a multinational like Sony does it and I bet they'll just dicker and claim some bullshit like fair use they routinely deny exists.
I sincerely hope Sony has to pay a massive fine for this ... something on par with what we'd get beat down with.
They should get decently hammered though I don't think it should be crazy. The summary suggests Sony wilfully used the song despite knowing they didn't have a license, but that's a stretch based on the quote from the label
“There were initial discussions for using ‘Pay Day‘ in the movie, but at some point, the discussions ceased and we assumed that it would not follow through,” Feel Ghood Music says.
Almost certainly this was just some production screwup. Someone at Sony thought the th
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What probably happened was the music supervisor was working on getting the clearance right up until the day of the hack, and he hasn't been able to get onto his computer since -- all of the PCs at Sony have been down ever since the Day because they're doing a huge forensic audit. And then a week went by and Sony announced
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What probably happened was the music supervisor was working on getting the clearance right up until the day of the hack, and he hasn't been able to get onto his computer since -- all of the PCs at Sony have been down ever since the Day because they're doing a huge forensic audit. And then a week went by and Sony announced they weren't going to release the movie, and the music sup just forgot about locking down the last licensing deal since it seemed like a dead letter.
And then Sony announced they were going to screen the movie with one days notice and they rushed the due-diligence.
I don't think they're related, the film was almost ready to release when the hack occurred meaning they had a final or very nearly final cut. I don't see Sony putting themselves in the position of having not-yet licensed music in the final cut, that gives the publisher far too much leverage when negotiating terms.
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I am a sound editor on features, I worked about 9 months at Sony this year (on Fury and 22 Jump Street mostly, not Interview). They can replace music days before the movie is released, particularly now because most shows are distributed almost exclusively on DCP. It's not unusual to printmaster the movie (finalize all the sound) and still not have all the music deal
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I am a sound editor on features, I worked about 9 months at Sony this year (on Fury and 22 Jump Street mostly, not Interview). They can replace music days before the movie is released, particularly now because most shows are distributed almost exclusively on DCP. It's not unusual to printmaster the movie (finalize all the sound) and still not have all the music deals in place. Music is an independent process from the "final cut".
All of the PCs at Sony were still down in mid-December, nobody in any of the administrative departments could access any of the work they'd left on their machines or on servers prior to the hack, everybody had to lug in their Macbooks to get any work done -- Macs were unaffected by the hack. I can't imagine how they could have dotted all their i's for the delivery with one days notice and no corporate PC infrastructure.
Alright, I can buy that. I would have assumed the music got finalized earlier, but I guess you have a lot of options when it comes to the soundtrack. I suppose if nothing else works you can run it at double speed and throw in Yakety Sax.
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The music situation is always really fluid, it's not uncommon to have a particular song in the film but a different song on the DVDs and VOD for rights reasons. Also it's not unheard of for the studio to replace a song after the film's released, they used to ship new reels to the theater but now they just upload a new DCP to the theatre chain headquarters, they all program it from their via satellite.
It's the music supervisor's job to clear all the music, he'll give the picture editor music that he thinks h
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They very likely don't have to pay a fine, why should they?
They will have to pay royalties, and likely more than they had payed if they had licensed the music.
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And we can even get the actual number of infringements if we go by number of theatres, number of showings, number of streams distributed to homes, number of DVD and Blu-Ray sold, etc.
And then apply the magical MPAA mathematics of multiplying that number by 1000 and add extra damages on top of that for knowingly disregarding copyrights.
Re:Hmmm ... (Score:5, Insightful)
If we do it, Sony is one of the companies who helped pay for the law which says you and I would have to pay massive amounts of statutory damages, with additional punitive damages for having done it on purpose.
I want Sony to receive the same magnitude of punishment as they would insist we receive.
Because I really despise multinationals when they argue both sides of the same legal argument as it benefits them.
Sauce for the goose (Score:5, Interesting)
$150,000 per claimed violation. That should be counted as ticket sales. How many tickets were sold for the opening day alone?
Sony would regret lobbying for that pesky DMCA... >:]
Re: Sauce for the goose (Score:3)
Exactly. When the MPAA or RIAA claims that a shared song or movie is a lost sale, they will sue the person involved (or a person with the same IP address that they think is involved). Often, in these lawsuits they will "settle" for a $2,000 per instance fee.
If Sony had to pay $2,000 for each ticket sold given how much they made in opening day, Sony would be looking at $300 million+ in fines. Not a huge burden for Sony, but not chump change either.
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dont forget the 390,000 illegal downloads. you need to count those as well.
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There has been 529,847 veiws on Youtube; Yoon Mi-rae should issue a takedown complaint to youtube
Comment removed (Score:5, Informative)
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you forgot, "Meanwhile, 1.5 million pirates have downloaded the comedy." and it is on you tube with 529,847 views, that would be something like $300,000,000,000.00
Re:Sauce for the goose (Score:4, Funny)
define "copy"?
Is that a physical copy, like a DVD?
Or is it an imaginary copy, like a digital download, stream, air performance (where wetware memory is also by strict definition, a copy)?
The **AA have their own definition: they claim it is the potential wetware duplication, which is how many people will hear it and not pay for it? Because Sony didn't pay a licence to the artist, then it must follow by that logic that every single person who heard the music also didn't pay for it. Because Sony are the distributors, it's down to them to put right. On the balance of probabilities (this is a civil claim), the number of tickets sold must equal the number of unique individuals who "recorded" the music to their wet memories (heard it), hence that count should be the one used to enumerate the violations - notwithstanding and in fact ignoring the possibility which is not convenient that not everyone who bought a ticket will have actually gone on to watch the movie and some individuals might have seen it twice.
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Since this is a "public performance" does each performance count only as one showing, no matter how many watched?
Re:Sauce for the goose (Score:5, Interesting)
While I suspect this is probaby just a case of office incompetence and someone forgetting an action that will probably be quickly cleaned up with a check in the post, I dearly hope this does end up going to court. Watching Sony's lawyers try and get themselves off the hook without setting precedents that anyone else being sued for infringing copyright can use would be priceless.
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I don't get why people write this nonsense and get even a +5 for it like so many other stupid +4/+5 posts above of it.
What is so difficult in:
a) reading the copyright law
b) reading the DMCA
c) grasping that both have not much to do with each other
The Sony / Singer situation here is super simple: first, it is a civil case and not a crime. The amount of downloads etc. are completely irrelevant only the revenue/earnings count. Secondly if Sony does not play well / behave, the singer has a court ruling to take t
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Actually, this is rather difficult to grasp, since DMCA stands for "Digital Millennium Copyright Act.".
And also since " In addition, the DMCA heightens the penalties for copyright infringement on the Internet." (source) [wikipedia.org]
And also since the DMCA is used to smack the masses down when they share copyrighted material.
Though, ultimately, you are right. Wealthy international corporations are not beholden to many laws to which the masses are subjugate, and this
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The point js: 'it is not the exact smae set up' (as you said) the situation is complete different and the DMCA does not even apply (as far as I know it, did not read the details about the DMCA)
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Of course Sony can always show they own rights to a song that "pay day" infringes on.
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And how should they be able to do that?
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You should have read the next chapter of your textbook, because while there is precedent for that, it's no longer good law in the US. Reason? 17 USC 117(a)(1)
Re:Hmmm ... (Score:4, Insightful)
Eh? If we do it, people say that no one loses anything if you make a copy, and that sharing has been part of human culture for ages.
No, normal people with brains say that. The legal system and companies like Sony do not feel the same way. Don't confuse the two.
These people should have nothing to whine about if Sony then goes to do the same thing.
I agree that people who say that copying such data harms none shouldn't care if Sony does it (and some do, making them hypocrites).
But the thing is, it's about Sony being absolute hypocrites, and equality under the law.
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But Sony did not 'copy' anything ;) ...
They created a derived work
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Milton Waddams: [muttering] I could set the building on fire.
Re:Hmmm ... (Score:5, Insightful)
Rightly or wrongly, and setting legal issues aside for the moment, the general populations around the world seem quite able to draw a rather clear distinction between the two cases you'e seemed to conflate.
If I partake of the "sharing" of song by listening to it this is one thing. Folk merge together the acts of listening to it on the radio, listening to it via Internet radio, listening to it by downloading and using favorite player, downloading it and putting it onto favorite device and listening to it, etc., etc. You can argue all day long about lost sales, but by and large those arguments are unpersuasive.
However, if I copy the song in any way and then sell it in any way, people see this differently. I'm selling something that isn't mine to sell. Sure, people may love to buy pirated DVDs on the streets at a tenth of the price. But far fewer people would rise to defend the black marketeers here.
Sony execs listening to these songs in their office wouldn't bother most. But clearly and unambiguously using material in the production of a movie without permission of the artist is a different matter. It is indeed hypocritical of Sony to champion copyright issues while blantantly violating such concerns.
Re:Hmmm ... (Score:5, Insightful)
I think most people agree that some limited form of protection for creative works is a fair trade for encouraging the creation of works which will eventually become public domain. But there is no natural right to "own" a thought, and "intellectual property" laws are merely a privilege which society grants in exchange for value.
But, the extension of copyright terms prevents works from entering the public domain, making that exchange a fraud. I will submit that creative works made for profit are based on ROIs measured in years, not decades. There is no legitimate need for, or public good which comes from "author's life plus 70 years," or 95 years after publication.
Why should MS-DOS still be under copyright? Lotus 1-2-3? SVR4? When they enter public domain, they will be useless. They are substantially so already, now add another 60 years (presuming no further term extensions). So, the tradeoff has already failed - the public will receive nothing of value in exchange for giving copyright protection for a time.
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But, the extension of copyright terms prevents works from entering the public domain, making that exchange a fraud.
Not just that. All copies of works you have purchased, with the knowledge and understanding each and every one of those will enter the public domain on a specific date, suddenly become less valuable or even zero if that date is retroactively extended, perhaps to beyond your own lifetime. Members of the public have never been compensated for this loss of wealth.
All is not lost; by the same reasoning copyright terms can (1) also be retroactively reduced and (2) without compensation to rightsholders.
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Just because something has no substance, it does not follow that it has no value. The money in your checking account has no material substance -- in fact the vast majority of US dollars in existence occupy exactly zero volume and have no physical manifestation. Taking a dollar is theft, though; the value of a dollar is a creation of law and custom, and it's as far from natural as you can get. Like copyright.
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Whoosh. If I take a dollar from you, be it physical or an electronic debit, you no longer have it. If I copy a work (not copy and then sell/distribute, but merely copy), it takes nothing away from the creator.
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(not copy and then sell/distribute, but merely copy)
Even if you copy and sell/distribute, you have taken nothing away from the creator.
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You were making an argument for copyright not being a "natural right" because it doesn't protect some "substance." The point is nobody ever "has" dollars in the first place, they're a convention -- when someone debits dollars from your account they're not actually "taking" anything from you, they're just moving numbers around on a spreadsheet. Somebody made a law that said dollars are worth something, and tha
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Never mind, you're an idiot. You can go troll elsewhere now.
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Note that I only made this point in the course of granting your position that only "substantial" things are truly property. Your argument is internally inconsistent.
This is why I really have no pity for media pirates. It's not that they make copies for themselves, or even that they give them to their friends or a million strangers. Hell I've done that every now and then.
It's that they do this, and then they insist on writing thousand-word screeds
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All that does is demonstrate the inadequacy of the English language as it presently exists and applies to the issues of the day.
If I have been granted a right to restrict copying of a work of mine except to those who I wish to receive a copy (whether for money, other considerations or even gratis), that's not theft, it's true. It's infringement and something of value HAS been lost - my remuneration or permission. Stolen, if you prefer to allow for the possibity that something that was destroyed in potentio
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No, because they limit freedom of speech and private property rights
So your position is that one artificial legal right should not be protected because it impinges on two other artificial legal rights that you personally happen to like more?
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If Sony were an individual and wanted to play it at home in private, sure. But incorporating into a major commercial motion picture (i.e., for profit... at least in theory) is a little bit different!
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Sony has been one of the advocates for de facto life-ruining punishment for copyright violation. They will almost certainly continue being that in the future too. So why shouldn't they get hoisted by their own petard when it turns out they're not just cruel but also hypocrites? Avenge their vic
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A kid sharing a song to 10,000 people is nothing. a Company selling it to make a profit off of it is very different. Not one person says that someone making and selling copies is innocent. Not even the most rabid of file sharing proponents.
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A kid sharing a song to 10,000 people is nothing.
Are you joking? That is a serious copyright violation and represents a significant amount of lost income for an artist. The income, which the artist needs to recoup the investment that making the music took.
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Not one person says that someone making and selling copies is innocent.
I am such a person. Therefore, your statement is incorrect. I don't see commercial copyright infringement as any worse than normal copyright infringement; I think copyright should be totally abolished.
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This is completely different than a pirate downloading some tunes for their personal use, and possibly sharing it with their friends. Sony are making money off of her music and giving her none of it.
It's not completely different. If you were to pirate a song, you would get entertainment value out of it, without giving the content producers any compensation. It might sound like a small thing when one person does it, but when many people do it, the artist can never recoup the production costs.
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Woman: Why, yes, I would!
Man: Would you sleep with me for a hundred?
Woman: Why sir, of course not! What kind of woman do you think I am???
Man: We've already established what kind of woman you are, now we're haggling over price!
In other words, you've presented a quantitative distinction, not a qualitative distinction.
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True, you get some small "value" out of it, but you're not "making lots of money" from it. And the federal government treats these two scenarios very differently.
Little streams make big rivers in both scenarios. Even Sony gets only a small payment per each movie ticket.
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You're attempting to argue that Sony should not be held accountable by the same laws as the rest of us
That is not my point. I hope the artist in question gets compensated properly.
My original argument was that I speculated that if we went by the rules of freeloader pirates, then one might assume that by the same rules, Sony would be eligible to do some freeloading too.
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True, you get some small "value" out of it, but you're not "making lots of money" from it. And the federal government treats these two scenarios very differently.
Relatively speaking, Sony's is not making "lots of money" off of The Interview. They made about 10-20% of their projected earnings. Does that make it OK not to compensate the artists? No?
She's not getting paid for her work. Just like when we pirate music the artist is not compensated for their work. It's *exactly* the same thing no matter what we tell ourselves to pretend it's OK.
The current laws are too draconian *and* pirating music is enjoying someone's effort without compensating them.
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*sigh* (Score:3, Informative)
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Maybe this is a flaw with the English language. After all "its" vs "it's" conflicts with multiple rules of the language.
And yet, it is completely consistent with other pronouns (the most closely related other words and therefore the most logical rules to apply), and dead simple to remember:
his hers its
he's she's it's
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Human language in general is inconsistent, inefficient, and illogical. It's garbage, but you have to use it to communicate.
"Fascinating, Captain. Are you suggesting that it's inconsistency is integral to its utility? I find that quite illogical."
Spock aside, I happened to catch Martin Freeman, a British actor, on Saturday Night Live last night, and while doing an American accent he accidentally said "leaver" (rhymes with "cleaver") rather than "lever" (rhymes with clever). From the American point of view, the British seem to mispronounce things relative to their spelling, though I suppose the American version of "lever" shou
Sony is a pirate! drag out the rootkit! (Score:2)
one they didn't originate...
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Sony was already rooted. Were you paying attention?
I was hoping this girl was named Katy. (Score:2)
Do you ever feel, feel so paper thin
Like a house of cards
One blow from caving in
My 0.02 (Score:2)
Root Kit DVDs, Pirate the music (Score:2)
Time for Sony to bow out. No credibility left. But then, don't expect the buyer who puts a new name on the firm to act any diffferent.
Okay.... so what? (Score:4, Interesting)
It's not like Sony doesn't have money.... they can pay for the song's inclusion and all is good.
I don't defend Sony here, but it's also entirely possible that this was just a mistake... someone at Sony might have thought they had already secured permission, because it was something they intended to do, and they just put in the sound track without thinking about it, and afterwards, nobody else thought to double-check. It's a really stupid mistake, and one they should most definitely pay for, certainly, but it's not like Sony can't reasonably afford to pay for permission to include the work unless the artist was never willing to give Sony permission in the first place, at any price.
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it's also entirely possible that this was just a mistake
I'd go with someone decided that artistically they wanted the song and then assumed that the artist would agree with whatever Sony would negotiate. The artist didn't, but Sony kept the song in anyway. There is a comment above that says Sony listed the artist for the song in the movies credits. TIMHO this is no "mistake".
Re: Okay.... so what? (Score:2)
I love how, when Sony here has used a song without permission, the aggrieved musician is an "artist" and Sony is exploiting them.
But, when someone pirates an MP3, nobody is hurt but the "evil record labels."
In this situation, the money Sony would pay to use the song would go to the RECORD LABEL. I don't understand why people are so excited about taking sides in a dispute between large corporations neither of whom want sharing to succeed, and both of whom are doing their fair share of exploiting.
I mean you'r
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Which artist would make a contract with a label that allows them to resell the music to movie makers without getting a share for that?
Sorry, contracts like this are in Europe not even possible. And they should not be possible everywhere where the 'Bern Convention' is signed (AFAIK the USA is the only country with such retarded copyright laws).
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You know it was a comedy, right? (and not an overly good one, from what I've heard). You realize that the only reason NK is claiming that the film is insulting is because they seem to always want to find any reason they can that garners sympathy for them, right? The only thing this movie makes fun of is not North Korea, or its leader, but rather, it really only satirizes the popular mindset that people have about NK and its position with respect to the U
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Ironically I think the film's a lot harder on American celebtriy culture than North Korea. I mean Kim Jong-un's a bad guy, but the North Korean people are portrayed as sympathetic and the real butt of all the jokes is invariably James Franco's character. The idea that the movie is actually "anti" North Korea is sorta overblown.
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I'm not saying that Sony shouldn't have to pay for their mistake... of course there should be punitive damages. My point is that Sony is rich enough to afford it unless the punitive damages were to exceed the net worth of the company, which they don't.
But for what it's worth, shoplifters don't typically go to jail either. They generally just pay a large fine, and that's it. Of course, they also get stuck with a criminal record that will typically stay with them for years to come.
Common sense from TFA (Score:5, Interesting)
"It seems unlikely that this lawsuit will result in a messy legal battle. The huge publicity the movie has enjoyed in the past few weeks will virtually guarantee decent sales for Sony, even without lucrative box office revenues. Yoon Mi-rae should not only be able to secure a piece of that but also raise her profile in a way that would not have been possible had Sony paid her in the first instance."
Oh look, aonther poorly edited Slashdot summary! (Score:4, Informative)
As the controversy surrounding Sony's handling of it's hack, the movie The Interview and it's aftermath continues
"It's"? Good job. Pretty poorly punctuated and written all round, in fact.
she and her label claim that her track we learned that the track
timothy, what do you do, exactly?
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I don't like to jump on the hater bandwagon, but this is, once again, ridiculous. What is happening to Slashdot?
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Be thankful he didn't write: "she and her universe" because timothy likes using that word where it absolutely doesn't belong.
File a take-down notice (Score:4, Insightful)
YouTube has a standard DMCA complaints procedure. I recommend that Yoon Mi-rae and the label follow that process, partly because it actually works which is great in this case, and partly to give Sony a taste of their own medicine.
Here is the link: https://support.google.com/you... [google.com]
(Note that I have a bunch of experience with the take-down process, including participating in an EFF lawsuit ~10 years ago; see https://www.eff.org/document/d... [eff.org] .)
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Perhaps you should care to read the DMCA ... and then point out to us which sections of it are relevant and why.
Almost perfect (Score:2)
But it seems that they pirated some music, which is not going to be a big deal, because piracy laws were only designed to protect people with huge amounts of money to spent on lawyers.
Like most other capitalist property schemes they are only designed to protect people in power, albiet they talk a
ASCAP/BMI (Score:2)
Normally a standard ASCAP/BMI license would cover using a song like this in a TV show. I don't know how movies handle licensing but supposing it is the same, then Sony has to attribute the song (and supposedly is IS listed in the credits roll), cut a check to the copyright holder and performer, and then cut a check to ASCAP or whichever company is doing the rep for the song. End of issue.
And by TV standards, which again may not be the same as in movies, the production does not need permission to use the
Whatever key in which it was written... (Score:2)
...I hope they wind up having to pay her treble (clef) damages.
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Is there an editor out there?
Clearly, they are too hung over from the Dice xmas party bash.
Re:her track we learned that the track (Score:4, Funny)
it got Yoda'd.
Re:What's the timecode? (Score:5, Informative)
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Give him a break. It's only Timo'thy.