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The Future of Darknets: Can Hollywood See the Light?

Darknet pioneers and representatives from the movie and music industries square off over the new realities of digital distribution over private spaces online.

Moderator: JD Lasica Exec Dir, Ourmedia

Kori Bernards VP Corp Comm, Motion Picture Association of America Inc

Heather Champ Community Mgr, Flickr

Mark Ishikawa BayTSP

Dave Toole CEO, Outhink

JD Lasica Exec Dir, Ourmedia

Ian Clarke Coord, Freenet Project Inc

Ishikawa – created software that recognizes the first person to post content – can catch ppl for working w content illegally.


Ian Clarke – freenet project – started 6 years ago. Goal is to allow ppl to communicate freely, to share info freely online. Core focus is ppl living in countries like china and Saudi Arabia w internet access but censorship. Create a piece of software above the internet that allows ppl to work online anonymous. Peer to peer networks are open and you can see who’s on there. Idea of freenet is to create a global darknet


Heather Champ – often get take-down notices. Flickr is many many communities. Mostly public. 80% public, 20% private. Flickr does have darknet of private groups that only share photos w each other. A big part of her job is working w community members on what copyright is.


Kori – represent movie studios, so much change going on right now, lots of exploration into new content delivery. Industry loses 5.4 billion a year. A lot of that is internet. MPAA spends a lot of time fighting piracy. Goal is to limit the impact of that on the corp world. Artists need to be able to make money to keep creating content. Want to be aware of ppl abusing new tech. approach is three-gold


Dave Toole – runs a darknet, wants to create a place where ppl can mash up content legally. New role of rights, and value of participation.


Kevin smokeler – when ppl use retail spaces wrong it usually means that the company is presenting space wrong. If ppl are downloading and violating copyright that tells me that the current mode of distribution is not working. It’s not the moviegoers’ problem. Instead of criminalizing this. I would like for MPAA to provide a way for me to do that legally.


Kori – Hollywood hears you. You are the consumer of the future. It’s an exciting time to be in Hollywood.


JD asked 6 studios to use content for personal mash up project. Not to put online or anything. 6 out of 7 said no. artists and distributors need to trust ppl to create mashups. May be adding value. One by one we’ll be pulling ppl into new digital reality.


Audience member: filmmaker had to go thru up to 6 years to get rights to use heavy metal. Artists (including ozzy Osborne) wanted to participate but agents and lawyers got in the way. Artists don’t understand their rights and aren’t necessarily being protected. Middle man is criminalizing content producers as well.


Note from audience – not fair to have to pay for same content repeatedly. Subscribe to HBO, watch ads, download online, buy DVDs.


Audience pretty hostile to MPAA rep. Charging her to tell details. She says she can’t tell exactly what they’re doing but that they are doing a lot.


JD: we’re not ganging up on you. We’re trying to find a way for you to make more money.


VP digital media IFC: “This film has not yet been rated” – pirated by MPAA. Could you explain if there are any other cases where piracy is OK with the MPAA?


Kori said that it’s not piracy. It was a privacy issue. Kirby said MPAA pirated the movie as a publicity stunt. “the law recognizes the need to copy a film for


Audience member- not all of copright law is broken, practice is broken. Documentary filmmakers over-clearing. Need to know your fair use rights. Centerforsocialmedia.org has a brochure that outlines fair use rights.


Audience: To impose an artifical constraint on something that has no physical restraint (not on vinyl anymore) then it’s not going to work. While you attack ppl for this, you’re ruining it for the rest of us.


MI: my products should not be controlled by sony or Disney. If I buy a computer, it should do what I tell it to do. Support for DRM is hard to find. Very widespread negative reputation. http://en.wikipedia.org/wiki/Digital_rights_management. We could very well be losing the right to use our computers as we want to. DRM is not working. DCSS is preventing ppl from playing DVDs in other countries but doesn’t prevent copying. If I copy a piece of information, it doesn’t cost anybody anything. If I work with content online, it’s not costing anyone anything. The ACT of copying does not cost anybody any money.


JD wrap-up – darknets forcing ppl to rethink content distribution and rights.

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