kid is fined $2900 for downloading a single movie

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Serraph105

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#1 Serraph105
Member since 2007 • 36092 Posts

On one hand I have seen the punishment a lot worse per movie downloaded. On the other I still think it's massively screwed up that a dvd is about $15-$20 new and if you were to steal that amount of merchandise from a grocerery store it would be labeled as petty theft, but if you pirate something which leaves the owner with the original copy, you will have to pay thousands.

Anyways what are your thoughts? Did he get what he had coming?

http://www.jsyk.com/2011/02/24/think-twice-teen-fined-2900-for-illegally-downloading-a-movie/?icid=maing|maing7|dl9|sec3_lnk1|46638

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Engrish_Major

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#2 Engrish_Major
Member since 2007 • 17373 Posts
How many other people did he facilitate the torrent by hosting the file himself?
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foxhound_fox

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#3 foxhound_fox
Member since 2005 • 98532 Posts

And the one who actually uploaded the torrent is just laughing.

EDIT: Oh yeah, about the petty theft point: "Bu... bu... but, they stole our ideas!"

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The_Sand_Man

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#4 The_Sand_Man
Member since 2008 • 6788 Posts

Sucks. The fines are so high to deter other people from pirating imo, it's hard to police.

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Serraph105

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#5 Serraph105
Member since 2007 • 36092 Posts
How many other people did he facilitate the torrent by hosting the file himself?Engrish_Major
the article didn't say he did that.
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deactivated-5c37d3adcd094

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#6 deactivated-5c37d3adcd094
Member since 2006 • 8362 Posts
I bet he'll illegally download stuff again, he just won't use torrents.
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frostybanana

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#7 frostybanana
Member since 2010 • 5523 Posts
How did they only catch one person?
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JML897

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#8 JML897
Member since 2004 • 33134 Posts

How did they only catch one person? frostybanana

They didn't, they fined a bunch of people for downloading The Hurt Locker. This one got coverage probably because it was a kid who did it.

"This will make you think twice before you hit those BitTorrent sites. A 17-year-old in Albuquerque, N.M. has been fined $2900 for illegally downloading the movie 'Hurt Locker.'"

That line in the article makes it sound like it was written by the studio. :lol:

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Buttons1990

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#9 Buttons1990
Member since 2009 • 3167 Posts

[QUOTE="Engrish_Major"]How many other people did he facilitate the torrent by hosting the file himself?Serraph105
the article didn't say he did that.

What are you talking about? It is a torrent it does that automatically... It is called "peer to peer" all the data he download was instantly being re-uploaded so other people could download it... There is no server (legal server that is) where people just download from... All torrented data comes from other users' systems...

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foxhound_fox

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#10 foxhound_fox
Member since 2005 • 98532 Posts

Sucks. The fines are so high to deter other people from pirating imo, it's hard to police.

The_Sand_Man


I lol'd. No, they are so high because they can legally justify destroying people's lives for "IP theft." Which is inherently vague in the first place. Not only that, but when was the last time you encountered someone who said: "Oh I might get fined, so I'll stop pirating."?

The more I think about it, the more ironic I find that walking into a store and shoplifting some items is considered less of a crime than copyright infringement these days... and in the case of shoplifting, something of actual value is lost. Not so with copyright infringement. It can't even be proven if the person doing the copying wasn't going to buy the rights to use the data eventually either. So they can't even prove a "lost sale" was ever going to occur.

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Engrish_Major

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#11 Engrish_Major
Member since 2007 • 17373 Posts
[QUOTE="Engrish_Major"]How many other people did he facilitate the torrent by hosting the file himself?Serraph105
the article didn't say he did that.

That's how torrents work. The elevated fines in this case are justified by the Plaintiffs due to the fact that it is not usually just one instance of downloading that is facilitated by the action. When you are a member of a torrent site, if you have downloaded the file, then others are allowed access to it too.
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UCF_Knight

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#12 UCF_Knight
Member since 2010 • 6863 Posts
He had it coming. He shouldn't have downloaded the movie. I don't know enough details to discuss the severity, but I certainly don't have a problem with the punishment as is.
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Serraph105

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#13 Serraph105
Member since 2007 • 36092 Posts

[QUOTE="Serraph105"][QUOTE="Engrish_Major"]How many other people did he facilitate the torrent by hosting the file himself?Engrish_Major
the article didn't say he did that.

That's how torrents work. The elevated fines in this case are justified by the Plaintiffs due to the fact that it is not usually just one instance of downloading that is facilitated by the action. When you are a member of a torrent site, if you have downloaded the file, then others are allowed access to it too.

:roll: I'm saying the article didn't specify.

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Alter_Echo

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#14 Alter_Echo
Member since 2003 • 10724 Posts

Not really concerned. Statistically this happening to you is about as likely as having a piano dropped on your head by a malfunctioning cargo plane as it flies over your house.

And no, this will do nothing to "make people think twice" before hitting torrents as the article states. Worst case scenario is increases the amount of hit and run downloaders by .000000000000000012%

This isn't even considering that the entire story is probably a complete fabrication in an attempt to do exactly what it's going to fail so horribly at ( scaring people into curbing their pirating habits ).

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Engrish_Major

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#15 Engrish_Major
Member since 2007 • 17373 Posts

:roll: I'm saying the article didn't specify.

Serraph105
My point is that you are comparing it to stealing a DVD from a store, when the acts are not comparable.
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chathuranga

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#16 chathuranga
Member since 2003 • 3549 Posts
Should of just paid the $20 to buy the movie legally.
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amirzaim

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#17 amirzaim
Member since 2007 • 1720 Posts
The US goverment is serious crazy about piracy. Luckily, goverment in my country not so strict as the US. They just making a lame campaign to stop buying pirated products that you may think as stealing someones' thing. Although they do it, but overpriced original products is still an issue until now and most of them had to take a smartest way in order to get the digital content without spending too much.
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BlindBluMonstah

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#18 BlindBluMonstah
Member since 2009 • 13858 Posts

what a weird name he has S:

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Mephers

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#19 Mephers
Member since 2010 • 720 Posts
Wow. This is messed up...This entire country boggles me. 2,900 dollars for one movie...Anyone who thinks that's a just punishment, and deserved is out of their freaking mind.
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Inconsistancy

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#20 Inconsistancy
Member since 2004 • 8094 Posts
That's far too excessive, should be the cost of the movie and a slap on the wrist. Wait, no. It's actually too frivolous, more like it should be, no penalty, 'cept for the company for bringing up a frivolous case.. Unless they find enough people to make a large amount of money in a class action suit, they shouldn't waste a courts time.
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SaintLeonidas

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#21 SaintLeonidas
Member since 2006 • 26735 Posts

The punishments for downloading movies can be a bit ridiculous. Studios try to claim that it is killing the movie industry, yet in 2010 world wide box office receipts rose. Plus in many cases, as with The Hurt Locker, films have such limited releases that downloads get them more viewers, word of mouth praise and then later potential DVD/Blu-Ray buyers then there would have been if it hadn't leaked online. Not to say that I condone illegal downloading, but they will never stop and going after a select few in this way isn't doing anything. Studios should focus more on getting people to the theater, and making films (especially those with limited releases) easily accessible to those not willing to travel fifty minutes to see them.

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iowastate

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#22 iowastate
Member since 2004 • 7922 Posts

if it was The Hurt Locker he downloaded the fine was probably doubled for "bad taste" in movies.:lol:

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foxhound_fox

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#23 foxhound_fox
Member since 2005 • 98532 Posts

Studios try to claim that it is killing the movie industry, yet in 2010 world wide box office receipts rose. SaintLeonidas

I heard yesterday they went down 23%. :|

And the industry isn't dying... it is evolving. That is what these doom-sayers don't understand. With services like Netflix and home theatres becoming a very common thing, these people should start putting more money into home-distribution. When a movie ticket costs $10-12 (without 3D) and food (popcorn, chocolate and a drink) costs $12 for one person... you can tell that the movie theatre industry is in dire-straits. Ever since getting my 42" Pany Plasma, I've had no desire to watch a movie in the theatres anymore. All I do is wait for the DVD and either rent or stream. Most movies being made these days don't even take advantage of the big screen anymore.

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#24 ferrari2001
Member since 2008 • 17772 Posts
[QUOTE="Engrish_Major"]How many other people did he facilitate the torrent by hosting the file himself?Serraph105
the article didn't say he did that.

That is usually the case though. By default you automatically host the torrent, unless you specifically go into setting and disable that function. So in all reality he may have downloaded the movie, but he also gave it to hundreds of other people. If he gave it to 100 people, at $20 each that's about $2000.
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Inconsistancy

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#25 Inconsistancy
Member since 2004 • 8094 Posts

[QUOTE="Serraph105"][QUOTE="Engrish_Major"]How many other people did he facilitate the torrent by hosting the file himself?ferrari2001
the article didn't say he did that.

That is usually the case though. By default you automatically host the torrent, unless you specifically go into setting and disable that function. So in all reality he may have downloaded the movie, but he also gave it to hundreds of other people. If he gave it to 100 people, at $20 each that's about $2000.

But, 100x even a small movie is a huge amount of bandwidth (50-70gb), and upstream is slow as hell... That could be months of upload where your internet would hardly function. On my connection that's ~1 year, 347 days, to upload 50gb w/o ruining my internet (~100kb/s up)

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SaintLeonidas

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#26 SaintLeonidas
Member since 2006 • 26735 Posts

[QUOTE="SaintLeonidas"]Studios try to claim that it is killing the movie industry, yet in 2010 world wide box office receipts rose. foxhound_fox


I heard yesterday they went down 23%. :|

And the industry isn't dying... it is evolving. That is what these doom-sayers don't understand. With services like Netflix and home theatres becoming a very common thing, these people should start putting more money into home-distribution. When a movie ticket costs $10-12 (without 3D) and food (popcorn, chocolate and a drink) costs $12 for one person... you can tell that the movie theatre industry is in dire-straits. Ever since getting my 42" Pany Plasma, I've had no desire to watch a movie in the theatres anymore. All I do is wait for the DVD and either rent or stream. Most movies being made these days don't even take advantage of the big screen anymore.

http://www.slashfilm.com/2010-set-box-office-records-11-population-accounts-51-tickets-sold/

"According to the Motion Picture Association of America, worldwide box office receipts actually rose 8% in 2010 to $31.8 billion dollars. Of course, much of that has to do with rising ticket prices (up $.39 this year) and the sheer number of movies that demand a premium price, but it's still a staggering number that goes against popular thinking that movie attendance is dying."

I will agree that the industry is evolving and now everyone, well at least most, have home entertainment systems, I just wish the studios realized this as well. Which is why I think they need to put more focus on getting these limited release films like The Hurt Locker to the homes at the same times as they are in limited theaters. OnDemand currently has a section in which they offer independent films, with limited to no theatrical releases, for about the same price of a ticket at the cinema. Why more studios haven't taken advantage of this baffles me because it would help cut back on these illegal downloads and would make many independent films more profitable than they would have been if they weren't accessible in this way.

Theaters will never be obsolete and there will still be people who want to see certain films on the big screen, but they shouldn't be the main focus anymore.

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Inconsistancy

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#28 Inconsistancy
Member since 2004 • 8094 Posts
If you can't do the time, don't do the crime.Hemmaroids
But, the punishment is grossly excessive, unless he uploaded for 1 year...
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Alter_Echo

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#29 Alter_Echo
Member since 2003 • 10724 Posts

[QUOTE="ferrari2001"][QUOTE="Serraph105"] the article didn't say he did that.Inconsistancy

That is usually the case though. By default you automatically host the torrent, unless you specifically go into setting and disable that function. So in all reality he may have downloaded the movie, but he also gave it to hundreds of other people. If he gave it to 100 people, at $20 each that's about $2000.

But, 100x even a small movie is a huge amount of bandwidth (50-70gb), and upstream is slow as hell... That could be months of upload where your internet would hardly function. On my connection that's ~1 year, 347 days, to upload 50gb w/o ruining my internet (~100kb/s up)

In reality he like 99.9% of everyone who torrents, finished the DL in 15 minutes and then deleted the torrent from his client. In that span he probably uploaded to 100 people but each of them only got .whatever% of it. Yeah so in total he probably uploaded 3/4 of 1 copy of the movie......total. The only people with UP high enough to really commit calculated and intentional distribution ( seeding ) are not the ones stupid enough to get busted doing it.

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foxhound_fox

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#30 foxhound_fox
Member since 2005 • 98532 Posts

http://www.slashfilm.com/2010-set-box-office-records-11-population-accounts-51-tickets-sold/

"According to the Motion Picture Association of America, worldwide box office receipts actually rose 8% in 2010 to $31.8 billion dollars. Of course, much of that has to do with rising ticket prices (up $.39 this year) and the sheer number of movies that demand a premium price, but it's still a staggering number that goes against popular thinking that movie attendance is dying."

I will agree that the industry is evolving and now everyone, well at least most, have home entertainment systems, I just wish the studios realized this as well. Which is why I think they need to put more focus on getting these limited release films like The Hurt Locker to the homes at the same times as they are in limited theaters. OnDemand currently has a section in which they offer independent films, with limited to no theatrical releases, for about the same price of a ticket at the cinema. Why more studios haven't taken advantage of this baffles me because it would help cut back on these illegal downloads and would make many independent films more profitable than they would have been if they weren't accessible in this way.

Theaters will never be obsolete and there will still be people who want to see certain films on the big screen, but they shouldn't be the main focus anymore.

SaintLeonidas


Oh worldwide, I forgot to say North American. So that is what I messed up. :P

And honestly, I'd pay a good amount of money to get a "theatre-release" streaming subscription. To get all the theatrical releases on the date they come out, in the comfort of my own home for a flat monthly rate? Yes, please!

I don't doubt the vast majority of people who download movie torrents don't want to spend money on movies because they cost so much (a family of four can reach $80-100 for one movie). The music industry already accepted the new age of media distribution, and gaming isn't too far behind. Now the movie industry just needs to realize their backwardness and adapt. Or it'll die.

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htekemerald

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#31 htekemerald
Member since 2004 • 7325 Posts

In other news Hollywood posted a record profit for the year of 2010.

Pretty clear the piracy is destroying the film industry.

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Deihjan

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#32 Deihjan
Member since 2008 • 30213 Posts
Learned from this - don't get caught.
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markop2003

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#33 markop2003
Member since 2005 • 29917 Posts
It's idotic IMO. They say it's to deter people but in reality i don't think it effects most people's actions at all and the ones it does effect become less likely to buy the product because they don't want to fund such behaviour.
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SolidSnake35

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#34 SolidSnake35
Member since 2005 • 58971 Posts
I wonder.. if that person went to the store, bought the film... afterwards, that is... couldn't he then try act as if he already owned the rights to that movie? I'd be like.. well, I paid for this movie, so I'll download as many copies of it as I want.
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Engrish_Major

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#35 Engrish_Major
Member since 2007 • 17373 Posts
I wonder.. if that person went to the store, bought the film... afterwards, that is... couldn't he then try act as if he already owned the rights to that movie? I'd be like.. well, I paid for this movie, so I'll download as many copies of it as I want.SolidSnake35
They could make the argument that torrenting is like buying the movie, then making copies for your friends.
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iowastate

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#36 iowastate
Member since 2004 • 7922 Posts

excpet the Hurt Locker - even winning the Academy Award that thing barely cleared housekeeping.

the miltary coming back and the people who were in action spread the word that this piece of **** was not the real thing just a reporter dream.

attendence was low and it never made much of a splash (thank the Good Lord for that)

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deactivated-5f9e3c6a83e51

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#37 deactivated-5f9e3c6a83e51
Member since 2004 • 57548 Posts
[QUOTE="Engrish_Major"][QUOTE="Serraph105"]

:roll: I'm saying the article didn't specify.

My point is that you are comparing it to stealing a DVD from a store, when the acts are not comparable.

What's the difference? The cost of the dvd materials are basically insignificant. You're not paying 20$ for the jacket cover or disc. You're paying for the movie itself.
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Engrish_Major

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#38 Engrish_Major
Member since 2007 • 17373 Posts
[QUOTE="Engrish_Major"][QUOTE="Serraph105"]

:roll: I'm saying the article didn't specify.

sonicare
My point is that you are comparing it to stealing a DVD from a store, when the acts are not comparable.

What's the difference? The cost of the dvd materials are basically insignificant. You're not paying 20$ for the jacket cover or disc. You're paying for the movie itself.

I've explained throughout this thread multiple times. Including the post right above this one.
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#39 TaoJeetKuneDo
Member since 2010 • 512 Posts
This is some stupid sh** . People are crazy about piracy , they are not killing anyone sorry . The kid just made a copy and he is charged 2900 ? This is insane , i bet he wouldn't buy that sh** anyway so why not get it free . Also the hurt locker is lame , all the fail it has and the producers are blaming pirates. It shouldn't deserve to be pirated or payed with actual money .
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harashawn

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#40 harashawn
Member since 2008 • 27620 Posts
Shouldn't the person who put it on the torrent site be fined, since he is the one illegally distributing it instead of copying it for personal use (Which is actually legal)?
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#41 MrGeezer
Member since 2002 • 59765 Posts

This is insane , i bet he wouldn't buy that sh** anyway so why not get it free .TaoJeetKuneDo

If I agreed with that line of reasoning, then I'd be getting EVERYTHING for free.

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limpbizkit818

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#42 limpbizkit818
Member since 2004 • 15044 Posts
I really don't feel bad for the kid. Could the fine have been lower? Sure, but he should have bought or rented the movie if he wanted to see it. I am sure he could have watched it on demand for $5. Don't steal.
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#43 MistressMinako
Member since 2008 • 45964 Posts
That's one way to get more money for its so called fail at the box office. Charge the people who illegally downloaded it! Best business plan ever. No, seriously, I thought that movie won an award or two or am I thinking of another movie? And he told on his friends. What a rat! :x
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frostybanana

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#44 frostybanana
Member since 2010 • 5523 Posts
Honestly this just seems to be a case of the producers of The Hurt Locker being butthurt that their crappy (no, I didn't like it) movie didn't make any money at the box office. They didn't make any money because of POOR marketing not because people were pirating the movie. As someone who tried to stay informed on what's going on in the movie world, I didn't have hear about this movie until after it was released and started generating Oscar buzz. Check the box office numbers. Movies are making more money than they were 10-20 years ago. There is no huge drop in box office revenue to indicate that piracy is having a huge effect on those numbers. Besides which the movie was more of a critic-pleaser than it was a crowd-pleaser. Most people I talked to either thought it was decent or just OK. I haven't heard any normal person really rave about how great the movie was. With that in mind, is a it a surprise that it didn't smash the box office? The movie still outgrossed it's budget however so whatever. They can blame piracy for their shortcomings but really they have no one to blame but themselves.
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JML897

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#45 JML897
Member since 2004 • 33134 Posts

No, seriously, I thought that movie won an award or two or am I thinking of another movie? MistressMinako

You're right, The Hurt Locker won Best Picture last year. It didn't do well at the box office though.

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TehFuneral

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#46 TehFuneral
Member since 2007 • 8237 Posts

That much?

Its ridiculous.

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TehOverkill

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#47 TehOverkill
Member since 2011 • 754 Posts

How do they even know someone's pirating?

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cybrcatter

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#48 cybrcatter
Member since 2003 • 16210 Posts

What have we learned here today?

Use a condom while torrenting, or better yet do it with that sexy usenet from uptown.

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SaintLeonidas

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#49 SaintLeonidas
Member since 2006 • 26735 Posts

Honestly this just seems to be a case of the producers of The Hurt Locker being butthurt that their crappy (no, I didn't like it) movie didn't make any money at the box office. They didn't make any money because of POOR marketing not because people were pirating the movie. As someone who tried to stay informed on what's going on in the movie world, I didn't have hear about this movie until after it was released and started generating Oscar buzz. Check the box office numbers. Movies are making more money than they were 10-20 years ago. There is no huge drop in box office revenue to indicate that piracy is having a huge effect on those numbers. Besides which the movie was more of a critic-pleaser than it was a crowd-pleaser. Most people I talked to either thought it was decent or just OK. I haven't heard any normal person really rave about how great the movie was. With that in mind, is a it a surprise that it didn't smash the box office? The movie still outgrossed it's budget however so whatever. They can blame piracy for their shortcomings but really they have no one to blame but themselves.frostybanana
It has nothing to do with marketing. Honestly for someone who claims to keep up with the movie world I can not understand how you didn't hear about The Hurt Locker which had buzz long before it was even released on practically all movie blogs. The reason for its low gross at the box office was due to it being a small budgeted limited release, opening in only 4 theaters and only ever expanding to 535. Also I would highly disagree that it is a "critic pleaser", odds are Bigelow could not have cared less about the critical acclaim. Also, it did well with both critics and the general audience, and basing your thoughts on the general publics view of the film off of people you have "talked to" means nothing. But all this is besides the point. The films quality is not in question and has nothing to do with the reason it was downloaded or why the studio and producers are upset. The only reason this film even has a case when it comes to questioning whether or not its early leak online hurt its tickets sales is because the leak happened well over 4-5 months before it even had a U.S. theatrical release.

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The_Game21x

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#50 The_Game21x
Member since 2005 • 26440 Posts

I think the punishment of said crime is reasonable, as he deserves to be punished for piracy but the severity of the punishment is outrageous in my opinion.