MPAA head Chris Dodd and John Fithian, president/CEO of the National
Association of Theatre Owners, brought their lobbying on behalf of content creators to a packed house at the Sundance Film Festival today. Both admitted to the panel they were blindsided by the swift backlash their organizations faced in their effort to pass the U.S. House of Representatives’ Stop Online Piracy Act and the U.S. Senate’s version Protect IP Act. The panel’s moderator called the MPAA and NATO to task for the legislation’s effective defeat: “You got your butt kicked.” It follows heavyweights like Google, Wikipedia, and thousands of websites joining forces and protesting what they claimed was a move to suppress free speech.
NATO’s Fithian said he had never witnessed such a reversal in momentum considering the legislation’s passage seemed all but assured in October. “This was the most amazing turnaround of public opinion in the 25 years I’ve been a professional lobbyist. We were up there since Day One and took 25 of my [exhibitor] CEOs and met with 50 members of Congress. We asked each member of Congress if there was anything they need to make the legislation clear and nobody said anything. Google read the legislation at the same time and didn’t say a word. But in November the greatest backlash ever occurred.” Fithian described the pushback as scare-mongering that convinced the public the legislation would shut down the internet. “For people who have spent our lives defending free speech, this was astounding.”
Fithian went on, “The backlash occurred, Google made its point, they’re big and tough and we get it. Hopefully now reasonable minds will prevail. Senator Dodd and his team are quite good at this. We’ll sit down with them and ask what has to be done to make legislation more narrowly tailored. But the reality is we have to stop these rogue websites. They’re stealing jobs from my members. It’s not Senator Dodd’s big wealthy studio executives, it’s the 160,000 Americans who earn on average $11 an hour at my cinemas. Those are the jobs at stake.”
Dodd acknowledged the tech industry threw a wrench into the MPAA’s effort. ”I think most people agree about the theft of intellectual property. The question is then what do we do about it? We need to lower the emotion around this. Can we have a thoughtful and rational and intelligent discussion about a legitimate issue without being overloaded and swamped by misinformation?” Dodd said. “Content without technology, and technology without content, makes no sense. And asking people to make a choice between the two is ludicrous on its face. How do we get these two communities to realize that they need each other instead of asking consumers to pick a side?”


And then, Chris and John went back to their suites to change clothes to attend all of the parties where they can grab ‘swag’ bags.
There was a backlash because it’ was a bad law that overreached, and the public is sick and tired of these heavy handed corporate tactics like “we own you, so pass legislation that protects, or will take our toys and go home.”
Well, for one Mr. Dodd, you don’t send out a divisive, name calling news release after getting your A$$ handed to you. You sounded like a cross between a petulant child and confused curmudgeon. Of course you don’t get it, and neither did Congress because you don’t understand how the internet works. At all. Now, that all four GOP presidential candidates are on record stating that both bills are overreaching (at best) you’ve backed off your inflammatory rhetoric. Now you want a love fest with everyone to work it out. You, Mr. Dodd are part of the problem. This is not about picking a side. The public didn’t pick a side. You still don’t get it. You spent $54 million dollars to quickly pass a poorly written and harmful bill to most internet users and sold it to Congress as the best thing going to stop on-line piracy. You weren’t interested in due diligence or what it would do to the rest of us you simply didn’t care. You, Mr. Dodd need to SIT DOWN!
“John Fithian, it’s Chris Dodd. I just got an invite to go to Sundance and sit on a panel moderated by the high priestess of indie films and tell the world I have no idea what just happended last week with Congress and SOPA, but I’m willing to listen to Google and Wikipedia when they’re ready to tell me what to do. It will be like ‘Thelma and Louise’ where they drive the car off the cliff at the end! Whaddya say, bucko?”
“That sounds great, Chris. Can we hold hands?”
For a man of his age, Chris Dodd wears a lot of make-up.
“How do we get these two communities to realize that they need each other instead of asking consumers to pick a side?”
You start by making it *perfectly* clear in the new bill, that any shutting down of websites is done AFTER and BECAUSE OF an investigation into the site. Your biggest legitimate detractors were concerned about your bill allegedly allowing the blockage websites with just the mere accusation of piracy, without due investigation.
If such accusation was true… then let’s get realistic here: You don’t need that sort of speed. If a site or organization is facilitating the downloading or viewing of pirated content from a fixed domain, they’re not going to move shop fast enough for them to get away if you take an extra ten seconds to verify with your own eyes that they’re actually hosting illegal files.
All law enforcement have processes and guidelines in place that, while yes slowing things down, help ensure that an appropriate action is taken. Why should this be any different?
But more than that, I think you need to make clear the definition of content piracy, ie. what distinguishes it from copywrite or trademark infringement, why permission is needed for use of a film clip when an equivalent quote from said film is acceptable, why libraries are permitted to freely share books, movies, and sometimes music when everyone else is not, and so on…
“You start by making it *perfectly* clear in the new bill, that any shutting down of websites is done AFTER and BECAUSE OF an investigation into the site. Your biggest legitimate detractors were concerned about your bill allegedly allowing the blockage websites with just the mere accusation of piracy, without due investigation.”
I think you might be confusing civil and criminal matters. Under the proposed SOPA/Protect IP legislation private parties (rights holders) could initiate action. The rights holders are obliged to take their complaints before a Federal judge in order to seek an injunction prohibiting payment processors, ad networks and search engines from doing business with the rogue sites. The first step is having a site adjudicated as a rogue site. Federal Rules of Civil Procedure require due diligence to notify the opposing party. SO the site has the opportunity to defend itself. Then after an adjudication of being a rogue site, the rights holder or US Attorney must return to court and ask a judge for a remedy. The judge then decides which remedies are appropriate.
The bottom line is that under SOPA, if the United States could NOT have seized Megaupload. Though a note of caution the US established jurisdiction over Megaupload due to its leasing of servers in Virginia.
Thank Anonymous.
They should have expected them
Note to MPAA & NATO:
Don’t write such overly restrictive legislation that eliminates due process and your millions in lobbying dollars will get you what you want next time.
I’m sure Dodd is angry because he got his ass handed to him on a very public stage, something he probably wasn’t accustomed to in Congress. But I wonder how much he & the MPAA will ultimately care that SOPA was defeated, because the US has already signed ACTA [Anti-Counterfeiting Trade Agreement], which is basically a diluted SOPA on a global scale for the countries who enter into it.
Also, the TPP (Trans-Pacific Strategic Economic Partnership) is also being pushed by developed nations; it primarily deals with tariffs, but it is also trying to include wording about intellectual property rights that would further strangle ISPs (not to mention put a chokehold on the sale of generic drugs, but hey no biggie).
*of these two — I meant to type above. They have ZERO reason.
Rich white men trying to take things away from people because it hurts their bottom line.
I hope it loses every time.
SOPA is the worst thing that will ever happen to the internet. The government is trying to take too much power. We have no rights anymore.
And yet they still don’t get that people aren’t against stopping piracy, they just don’t want to give up everything to do that.
As Dodd says, content needs tech and vice-versa. And yet the content industry has fought every new technology that threatened its existing business model. Think VCR and TV, think player pianos and MP3. Today it’s the Internet. Does anyone doubt the content industry would destroy or cripple the Internet if it had the power? The irony, of course, is that, time after time, after a period of dogged resistance, the content industry has developed new business models that embraced the new technology and generated enormous profits. As has been widely observed, every few years the technology community must drag the content industry, kicking and screaming, to the money tree. Are you close enough yet to see it?
Wait..so let me get this straight: Can any concerned citizen just meet face to face with 50 members of Congress? Because if not, I don’t want to hear anyone in the MPAA or NATO complain that Google lobbied. The double talk coming out of the media companies side is dizzying. Of course, now they want to work with tech companies since they got stomped so publicly. And by the way, they’ve already lost the public. Everyone I know would take being able to access Facebook, Youtube, etc. over the whoever is putting out the next Adam Sandler movie.
Wow, the level of disconnect Fithian, and presumably msot of the others in the industry, shows is truly amazing.
The backlash had nothing to do with Google. Google only joined in at the last minute in the face of heavy criticism that they were going to sit it out. This wasn’t the tech industry vs the entertainment industry. This was the people themselves fighting against overreaching, heavy-handed legislation that would clearly remove legitimate freedoms & rights. And yes, I have read the bills.
“This was the most amazing turnaround of public opinion in the 25 years I’ve been a professional lobbyist. We were up there since Day One and took 25 of my [exhibitor] CEOs and met with 50 members of Congress. We asked each member of Congress if there was anything they need to make the legislation clear and nobody said anything.”
Yeah, you thought you had it in the bag with your backroom dealing, didn’t you scumbag? The problem was this time Congress’s real bosses decided to have a say.
And this was just our first big outing. Expect to hear even more from us in the future.
First, are there existing laws that can be enforced to deal with this problem? Second, if not, then draft a new law narrowly tailored to target the specific harm and include checks and balances to prevent abuse by copyright holders. Neither was done, so I suspect that SOPA/PIPA was more about billing lobbying fees and justifying salaries than anything else.
ANYTHING and I mean ANYTHING that has CHRIS DODD ATTACHED to it, I will do my best to join my fellow AMERICANS TO STOP! We know about Chris Dodd (how’s your friend Barney?)and his behind closed doors deals.. JUST LOOK AT THE HOUSING MARKET!! As far as I’m concerned this another swipe at my freedoms and I’m not giving in. I’m on wiki, googles and THE PEOPLES side! Just for good measure I’m voting against all incumbents!