Wikileaks: Canadian piracy arrests were favor to movie biz man
TorrentFreak blames ‘cammer’ overdose death on harassment
By Richard Chirgwin
Posted in Policing, 1st May 2011 23:06 GMT
A report on TorrentFreak has linked the overdose death of a Canadian “cammer” (someone who records movies in cinemas on Webcams) to his arrest by the Mounties, even though his activities weren’t a crime in that country.
According to a Wikileaks-published cable, Royal Canadian Mounted Police were reluctant to take an interest in camming, preferring to “focus their IPR enforcement resources on violations that have a public safety dimension (such as counterfeit pharmaceuticals) or that cause serious financial losses.”
The cable goes onto note that the “lack of an anti-camcording provision in Canada's criminal code introduces a significant "gray area" into the legality of bringing a video recorder into a movie theater.” This, it says, contributed to the RCMP’s indifference to Canadian Motion Picture Distributors Association demands for arrests of cammers.
The CMPDA’s case wasn’t helped by the Motion Picture Association’s loose attitude to data. The cable notes that MPA data which had once claimed that half of the world’s movie piracy could be traced to camming in Canada, “new figures indicate that this percentage is closer to 18 percent”.
“The lack of hard data regarding the extent of theatre camcording in Montreal and its financial impact is a source of difficulty in conveying the need for the inclusion of an anti-camcording provision in Canada’s criminal code”, the cable states.
However, the CMPDA wanted arrests, and according to the cable, it eventually got its wish. Someone described in the cable as “a major player”, and identified by TorrentFreak as the late Geremi Adam (who posted copied movies as MaVen), was arrested and released twice by the RCMP.
According to the cable, “RCMP officers stated that they arrested the individual "as a personal favor" to a CMPDA official”.
The link from the cable to Adam is made by TorrentFreak. The rest of his sad story is that he was summoned to appear in court in 2008 and failed to appear. He was eventually jailed for two and a half months, completed his sentence in 2010, and died one week later from a drug overdose.
Viewing cable 06MONTREAL1220, Camcording in Montreal theaters: perspectives
Reference ID Created Released Classification Origin
06MONTREAL1220 2006-12-12 15:03 2011-04-28 00:12 UNCLASSIFIED Consulate Montreal
VZCZCXYZ0018
RR RUEHWEB
DE RUEHMT #1220/01 3461550
ZNR UUUUU ZZH
R 121550Z DEC 06
FM AMCONSUL MONTREAL
TO RUEHC/SECSTATE WASHDC 0365
INFO RUCNCAN/ALCAN COLLECTIVE
RUCPDOC/USDOC WASHDC
UNCLAS MONTREAL 001220
SIPDIS
SIPDIS
Ref: MONTREAL 365, Montreal 436
STATE FOR WHA/CAN, WHA/PD, EB/TPP/IPC, DS/IP/WHA
PASS TO USTR (SULLIVAN, MELLE, GARDE)
E.O. 12958: N/A
TAGS: ECON ETRD KIPR CA
SUBJECT: Camcording in Montreal theaters: perspectives
from industry and law enforcement
This message is Sensitive but Unclassified
1. (SBU) Summary and Comment: The Canadian Motion Picture
Distributors Association's (CMPDA) Montreal anti-piracy
division and the Montreal division of the Royal Canadian
Mounted Police (RCMP) gave two different perspectives on
the scope and impact of camcording in Montreal theaters to
Econcouns and Econoff on December 6. The CMPDA continues
to stress the negative impact of theater camcording and the
lack of both law enforcement attention and legislative measures
to combat the problem. The Motion Picture Association now
estimates that through the third quarter of 2006, 18
percent of pirated movies sold around the world can be
traced to camcording in Montreal theaters--a revision of
the 40 to 50 percent figure given to Econoff in March (ref
A). The Association has not determined the financial
losses due to camcording, but estimates that CMPDA members
in Canada lost USD 118 million in 2005 due to general
piracy. The CMPDA also states that one individual may be
responsible for most of these camcorded movies. The
Association has lobbied the Canadian government to step up
efforts to stop theater camcording and to make it a
criminal offense.
2. (SBU) Montreal RCMP officers consider theater camcording
to be a low priority, and focus their IPR enforcement
resources on violations that have a public safety dimension
(such as counterfeit pharmaceuticals) or that cause serious
financial losses. The officers expressed skepticism as to
the scale of the camcording problem and its impact on
Canadian industry. The RCMP has encouraged industry
representatives such as the CMPDA to undertake their own
investigations of movie piracy and pursue civil litigation
under the Copyright Act. Using casework developed by the
CMPDA, the RCMP has twice arrested the individual believed
to be behind most Montreal camcording. The Crown Prosecutor
may bring charges early next year Q but even if convicted,
the alleged perpetrator will not receive jail time,
according to the RCMP.
3. (SBU) The lack of an anti-camcording provision in
Canada's criminal code introduces a significant "gray area"
into the legality of bringing a video recorder into a movie
theater. This aside, the lack of hard figures about the
extent of camcording in Montreal theaters, the impact of
this camcording on movie piracy worldwide, and especially
the financial injury this piracy inflicts on the
entertainment industry in Canada have hindered our case in
advocating the introduction of anti-camcording provisions
in Canadian law. Given the RCMP's little interest in
pursuing camcording, the lack of deterrent penalties for
filming in theaters, and the ever-improving technology of
cameras and computers, we would be surprised if this high-
tech pastime disappears anytime soon in Montreal.
End Summary and Comment.
--------------------------------------------- ----------
Industry Sees an Acute Camcording Problem, Urges Action
--------------------------------------------- ----------
4. (SBU) A representative from the CMPDA's anti-piracy
operations in Montreal told Econoffs that his organization
has revised its statistics with regard to the role played
by Montreal camcording in movie piracy worldwide. While
previous statistics based on Motion Picture Association
(MPA) figures estimated that between 40 percent and 50
percent of all pirated films could be traced to Montreal
theaters, new figures indicate that this percentage is
closer to 18 percent. This percentage is based on MPA
estimates through the first three-quarters of 2006 showing
that 54 of 60 theater camcordings in Canada occurred in
Montreal--out of a total of 295 camcordings worldwide.
The MPA based its data on examinations of movie watermarks
in pirated DVDs that can be traced back to specific
theaters (see ref A). (Comment: The Canadian government
and the RCMP have questioned the industry figures in the
past. The CMPDA claims that the contrast between the
40-50% estimate of pirated films from Montreal theaters and
the current 18% estimate is a result of the MPA taking a
Qmore globalQ approach to its study of pirated films, and
incorporating the contribution of other geographical areas--
especially Europe--to worldwide movie piracy. The lack of
hard data regarding the extent of theater camcording in
Montreal and its financial impact is a source of difficulty
in conveying the need for the inclusion of an anti-
camcording provision in CanadaQs criminal code. End
Comment)
5. (SBU) The CMPDA representative laid out a picture of
camcording in Montreal theaters as the product of one well-
organized individual with links to global piracy circles.
According to the CMPDA, the individual camcorded movies at
five large theaters in the greater Montreal area, usually
on the first afternoon of a filmQs release. Using a high-
quality webcam, the individual recorded films directly to
his computerQs hard drive to capture a high-quality image.
He would then transfer the movie file to high-capacity
storage hard drives in his home. The CMPDA stated that a
select group of individuals involved in the pirated
industry around the world--including in the United States
--could then gain access to the hard drives and merely
"drag and drop" the full film file onto their own hard
drives. The high-tech nature and relative simplicity of
this system helps explain how films such as "The Chronicles
of Narnia" could be shown in a Montreal theater and later
sold in DVD form on big city streets within a matter of
hours.
6. (SBU) The act of camcording in a theater is not illegal
under Canadian law, and only becomes an offense when a
camcorded movie is distributed on the internet or in
another form, according to the CMPDA. The CMPDA has urged
the Canadian government to introduce an anti-camcording
provision in the criminal code, which would give both local
police officers and RCMP officers the power to arrest
individuals caught camcording in theaters. The CMPDA says
that currently, only the RCMP (CanadaQs federal police) can
act against individuals camcording movies and only if the
camcorded movies are subsequently distributed for sale.
Even if a theater manager spots someone camcording a film,
local police will refer inquiries to the RCMP. The CMPDA
says that in order to convict someone under the Copyright
Act, it is not enough to see someone in a theater with a
camcorder in order to bring a case against him or
her. One must actually prove "commercial intent" on the
part of the person filming, who might claim that they are
simply recording a copy for personal use. "We need to
catch [the person filming] while they are actually setting
up," the CMPDA official stated, and then be able to prove
that the movie in question appeared in pirated form
afterwards.
7. (SBU) The CMPDA has helped train theater employees at
key Montreal-area theaters to detect camcording. The
Association says it is difficult to spot individuals
camcording for commercial use given the ease of set-up, the
small size of webcams, and the fact that they have no red
light or other telltale indicator. Furthermore, even if
law enforcement stops an individual during the course of
the movie, he can press a "stop" button to avoid saving the
film, and his computer will have no record of wrongdoing.
However, if law enforcement officials are able to catch the
suspect while he or she is leaving the theater, after
having recorded the film to his or her hard drive, they
might have a chance of pressing charges, the CMPDA said.
----------------------------------------
Major Player Arrested and Released Twice
----------------------------------------
8. (SBU) According to the CMPDA, this was the case in the
beginning of September when the CMPDA collected evidence
that facilitated the RCMP's arrest of the individual whose
recordings had been allegedly transformed into pirated DVDs
around the world. The RCMP released the individual after
questioning, with the caveat that he was not to return to
movie theaters in the city. Although the number of
camcordings traced to Montreal dropped significantly for
one month following the arrest, it gradually increased
again. Convinced that the individual had resumed his
camcording, the CMPDA collected further evidence and
convinced the RCMP to arrest him for a second time in
October. The CMPDA official noted that the suspect was
again released after being questioned by RCMP officers and
with the understanding that he could not enter a movie
theater. The CMPDA official stated that it was unclear how
much money the suspect had received for each incidence of
camcording.
--------------------------------------------- ----------
Arrests -"A Favor" to Industry; Camcording "Not a Major
Problem," According to Law Enforcement
--------------------------------------------- ----------
9. (SBU) A discussion with a superintendent and a staff
sergeant combating intellectual property crimes at the
RCMP's Montreal headquarters yielded a different
perspective on camcording and the best means of tackling
the issue. The RCMP states that it focuses its limited
IPR-dedicated resources to issues that have health and
safety components (e.g., counterfeit pharmaceuticals) or
that have a large, demonstrable financial impact. The RCMP
is currently undertaking a "fact-finding mission" on all
IPR issues as part of its mission to combat "economic
Crime" to determine what sorts of problems exist and how
best to address them with existing resources.
10. (SBU) With regard to the arrest of the individual who
had been pursued by the CMPDA, RCMP officers stated that
they arrested the individual "as a personal favor" to a
CMPDA official, and that they did not view theater
camcording as "a major issue." The officers said that IPR
holders could pursue legal action against suspects engaged
in camcording via the civil code without needing to engage
the RCMP. They acknowledged, however, that a conviction
under the civil code would not result in prison time, and
would usually involve a relatively small fine. The RCMP
officers also took a different view of the camcording
suspect, seeing him as "a small player," being manipulated
by a larger piracy organization(s), and not receiving
lucrative financial rewards for his work. One RCMP officer
expressed concern that the RCMP not be seen as "the
enforcement arm of industry," noting that the "industry
comes to [the RCMP] more and more" with requests for
action. Although the RCMP officers suggested that industry
representatives could pursue litigation through the civil
code on their own, they commented that proving an
individual had a commercial purpose to his camcording could
be difficult.
Marshall
Cable shows US getting impatient: "COPYRIGHT REFORM IN CANADA
Viewing cable 09OTTAWA583, COPYRIGHT REFORM IN CANADA: DAY 4,235
Reference ID Created Release Classification Origin
09OTTAWA583 2009-07-27 19:07 2011-04-28 00:12 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Ottawa
VZCZCXRO7558 PP RUEHGA RUEHHA RUEHMT RUEHQU RUEHVC DE RUEHOT #0583 2081953 ZNR UUUUU ZZH P 271953Z JUL 09
FM AMEMBASSY OTTAWA TO RUEHC/SECSTATE WASHDC PRIORITY 9709 INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE PRIORITY
RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY RHMFIUU/DEPT OF HOMELAND SECURITY WASHDC PRIORITY
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SIPDIS STATE FOR WHA/CAN AND EEB/TPP/IPE STATE PASS USTR FOR SULLIVAN, MELLE, VETERE, AND MCCOY
COMMERCE FOR J BOGER E.O. 12958: N/A TAGS: ECON ETRD KIPR CA
SUBJECT: COPYRIGHT REFORM IN CANADA: DAY 4,235
¶1. (SBU) SUMMARY: On July 20, the Government of Canada kicked
off broad public consultations on copyright reform with an
invitation-only roundtable discussion in Vancouver. Over the
next several weeks the Government will solicit the opinions
of experts at roundtable and town hall meetings across Canada
and will collect submissions from any interested parties
online. The Ministers of Industry and Heritage are embracing
the role of technology in the process and have posted
webcasts of the roundtable meetings and use Twitter to
broadcast updates on the consultations. Several industry
stakeholders recognize political value in the consultations
and are cautiously optimistic about the process. Others
however, are concerned that the broad consultations will
delay the introduction of copyright reform legislation and
possibly serve as a justification to pursue weaker reforms.
Key Government officials insist that they are committed to
protecting copyright in Canada - which includes ratifying the
WIPO internet treaties (signed by Canada 4,235 days ago) -
and that they intend to introduce a bill before the end of
the year. END SUMMARY.
¶2. (SBU) On July 20, Minister of Industry Clement and
Minister of Heritage Moore launched a public consultation on
copyright with a roundtable discussion between about 15 key
stakeholders. The meeting was held in Vancouver and attended
by representatives of the film, music, television,
broadcasting, and software industries as well as
representatives from library, university, and student
associations. One participant in the meeting explained that
the large number of participants necessitated that the format
consisted of a series of 3-4 minute presentations rather than
a discussion. The Ministers reportedly seemed genuine and
open minded. Minister Clement declared that copyright reform
is an "urgent priority" and that he and Minister Moore are
committed to introducing a bill this fall.
¶3. (SBU) Likely in an effort to avoid some of the criticism
leveled at the last copyright bill, the Government is making
great efforts to make this process transparent. The
Ministers and their senior staff will host several roundtable
discussions and town hall meetings over the next few weeks.
The transcripts and audio feeds of these discussions will be
posted on copyright.econsultation.ca. Interested parties can
also submit their ideas and view and comment on other's ideas
on this site.
¶4. (SBU) Tanya Peatt, Director of Policy, Heritage Canada,
recently told econoff that her government is conducting these
consultations in part because of the heavy criticism for not
holding consultations over the last copyright bill. She
reiterated that the Government intends to introduce a bill
this fall that will enable Canada to finally implement the
WIPO internet treaties. The two Ministers have not yet
decided whether they will use the last legislative attempt at
copyright reform (Bill C 61) as a starting point or if they
will start from scratch, according to Peatt.
¶5. (SBU) The large scale of these consultations concerns some
stakeholders. Some have told the Embassy that at best, the
consultations look like a stall tactic to delay the
introduction of a copyright reform bill, and at worst, cover
for the Government to walk back from support for strong,
WIPO-compliant copyright reform. Most interested parties
QWIPO-compliant copyright reform. Most interested parties
agree that the howls of protest from grassroots consumer
groups virtually guarantee that the copyright bill will be
more "consumer friendly" than the last iteration.
¶6. (SBU) Comment: The pace of copyright reform continues to
be a source of great frustration to the Embassy. Given the
scope of the consultations, the complexity of the subject,
and the government's previous inability to live up to
deadlines on this file, we are not confident of the
Government's ability to introduce a bill this year. Even if
the Government manages to get a bill to Parliament, it is
possible that before the bill is passed, Parliament could be
dissolved for federal elections, which many pundits predict
will be called this winter. End Comment.
BREESE
See LINK click here
MPAA Hypocrisy: We Must Protect Culture! But We're Not Interested In Protecting Culture!
from the all-depends-on-the-question dept
Ah, the blatant hypocrisy of the MPAA. The organization and its supporters freely and frequently throw around bogus claims about how it's important to give it all the things it wants in terms of copyright laws and protectionism in order to protect culture. For example, just look at how MPAA VP Greg Frazier responded to a question in Brazil about Brazil's newly proposed copyright laws by saying:
Now, if you do not believe in the value of creativity, the importance of protecting it and to reward those who produce, then maybe you can justify [copyright infringement]. But in this case, you'll be doing great harm to the culture."
You see, copyright is important to protect culture. In the very next question, he's then asked about Creative Commons and how it has great support in Brazil. And his response
is completely the opposite:
Well, not sure. They [supporters of Creative Commons] do not always agree with what we preach. And you're talking about democratizing culture, this is not one of our interests. It really isn't my interest.
So, got that? The MPAA says culture is important... when it makes the MPAA money. Otherwise... eh... not so important.
Of course, what this is really about is that the MPAA got spooked by proposals to Brazilian copyright law last year that would have gone quite far in terms of making a much more reasonable copyright law. It would have done away with notice-and-takedown and said that service providers would only have to remove content
with a court order. It would have created penalties for
inhibiting fair use or the public domain. And the scariest proposal of all to the MPAA? One suggestion to
completely legalize file sharing.
Now, if we want to discuss the cultural situation in Brazil -- something Frazier really didn't want to get into -- why not point to the
massive success of technobraega music in Brazil. The technobraega trend really is a wonderful example of democratized culture, where the creators of this music go to great lengths to
give it away free, encouraging people to share it widely, even supporting the creation of "counterfeit" CDs to help the music spread, knowing that the more it spreads, the better they can do with live shows. Technobraega music in Brazil is a huge phenomenon, and an excellent case study in how a music industry can thrive and make money without copyright concerns, with free sharing... and do so in a way that really does "democratize" culture. Exactly what the MPAA is most afraid of.
That's because the MPAA and the big studios it represents don't want to help protect "culture" at all. They want to help protect the limitations on culture, such that they get to continue acting as a gatekeeper to culture.