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New Piracy Loss Estimate 480

An anonymous reader writes "WSJ reports on a new MPAA estimate losses due to piracy. "The study, by LEK Consulting LLC, was completed last year, and people familiar with it say it reached a startling conclusion: U.S. movie studios are losing about $6.1 billion annually in global wholesale revenue to piracy, about 75% more than previous estimated losses of $3.5 billion in hard goods. On top of that, losses are coming not only from lost ticket sales, but from DVD sales that have been Hollywood's cash cow in recent years."
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New Piracy Loss Estimate

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  • Re:Excellent! (Score:5, Interesting)

    by MightyMartian ( 840721 ) on Wednesday May 03, 2006 @07:12PM (#15258308) Journal
    Without an independent audit of their claims, is there any reason at all that anybody should be taking these numbers seriously?
  • Bullshit. (Score:2, Interesting)

    by kunwon1 ( 795332 ) * <dave.j.moore@gmail.com> on Wednesday May 03, 2006 @07:13PM (#15258309) Homepage
    This study can't be trusted any farther than it can be thrown, to mangle an age-old aphorism.

    To put it simply, the MPAA sponsored this study, therefore it will be slanted as they desire. I'm sure there's some element of truth to these estimates, but the MPAA has as a goal the elimination of piracy, so the more inflated they can make the losses seem, the closer they get to their goal.
  • by ductonius ( 705942 ) on Wednesday May 03, 2006 @07:15PM (#15258324) Homepage
    How about I get a bunch of people together and sue the **AA for all the "lost entertainment value" I have experienced from thier respective industries high priced albums and shitty movies.

    How about this deal: You allow after-viewing refunds on tickets so I can get my money back after you waste my two hours in a theater, and I'll start letting you have my money when you make something decent.
  • by studyguidesystems ( 971995 ) on Wednesday May 03, 2006 @07:16PM (#15258332) Homepage
    I once had a meeting with the head of the MPAA and his head lawyer to discuss a technology my cousin and i had created. He full blank told us that the numbers they give are made up and that there is a chance they acutally make money from p2p (as the technology of choice was at the time). I was shocked by that statement. He said that they will probably just add another billion the next year.
  • by QuietLagoon ( 813062 ) on Wednesday May 03, 2006 @07:21PM (#15258376)
    Jack Valenti, head of the MPAA, testifying before the Committee on the Judiciary, United States House of Representatives, April 12, 1982

    I say to you that the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone.

  • *yawn* (Score:3, Interesting)

    by nurb432 ( 527695 ) on Wednesday May 03, 2006 @07:30PM (#15258429) Homepage Journal
    Too bad the 'media' will rebroadcast this, and the average joe will believe it. Causing more legislature members to jump for joy, knowing they can pass more stupid restrictive legislation to restrict our rights some more.

    If they hadnt all be bought, id say write your congressperson.. But they have, so why bother.
  • Really... (Score:1, Interesting)

    by cpuenvy ( 544708 ) on Wednesday May 03, 2006 @07:32PM (#15258445) Homepage
    I would love to know how they can attribute it to piracy, instead of the fact that they both release a bunch of crap these days.
  • Comment removed (Score:2, Interesting)

    by account_deleted ( 4530225 ) on Wednesday May 03, 2006 @07:39PM (#15258495)
    Comment removed based on user account deletion
  • by dgatwood ( 11270 ) on Wednesday May 03, 2006 @07:46PM (#15258547) Homepage Journal

    I noticed that, too. This "study" constitutes fraud on the part of the MPAA and the company they hired. Consumers making copies of legitimate films that they bought is legally protected fair use. To count one PENNY of that as so-called "piracy" is fraud of the highest order.

    This time, the survey specifically asked consumers how many of their pirated movies they would have purchased in stores or seen in theaters if they didn't have an unauthorized copy, giving studios a different picture of their true losses.

    That's about the least useful thing they could have done. Why? Because:

    • If they pirated a copy by online download, they won't admit it, so you can bet that this category isn't factored in at all. Even in the best case, the numbers are dubious.
    • The majority of people buying a bootleg DVD probably don't know that it isn't legit when they buy it. Thus, one would expect that nearly 100% of those folks would have bought it legitimately.

    The study also shows that home video, not theatrical distribution, is the market that piracy hits hardest, accounting for two-thirds of the studio's lost revenue.

    Duh. Most movies aren't available in a pirated form until long after they have left the theater, low-quality camera versions notwithstanding. I would have thought that this conclusion would have been obvious. You mean the studios were surprised?

    So let's see the whole paragraph you quoted part of....

    Last year, according to a person familiar with the matter, copies of movies downloaded or received from people who had downloaded them cost the studios $447 million in the U.S., whereas copies stemming from professional bootleggers cost the studios $335 million. An additional $529 million in losses came from consumers making copies of legitimate films they bought on DVD or VHS.

    So what they're saying is that their figures are inflated by $529 million, or almost 60%. More than 40% of their claimed losses due to "piracy" are actually due to legal copying. Okay. So even if we naively believe that this is the only flaw in their methodology and that their estimates of how many downloaders would have otherwise bought the movie are correct (big stretch), we're really only talking about the equivalent of one blockbuster's gross per year, at least in the U.S. Cry me a river....

  • A real study (Score:4, Interesting)

    by Statecraftsman ( 718862 ) * on Wednesday May 03, 2006 @07:48PM (#15258572)
    I'd like to see this study done in the real world by a movie studio: Take two similarly popular movies that are projected to perform similarly in revenues over the next few months. Then release both in DVD with all the appropriate promo deals and merchandising. Finally, offer one for free download from their official website via bittorrent or even an easier http download. After a few months they can measure the revenues of each movie. Now, do you think they'd actually do that study? What do you think would be the result?
  • by vagabond_gr ( 762469 ) on Wednesday May 03, 2006 @08:12PM (#15258715)
    Of course the study assumes that every "pirated" copy of a movie would be replaced by a ticket or dvd sale, if there was no "piracy".

    Not only that, but also assumes that the sales coming as a direct result of the publicity gained by "piracy" would still be there, if there was no "piracy".

    Yesterday I went to a concert of Arctic Monkeys in Paris, I paid 25 euros for the ticket. I also bought an Arctic Monkeys t-shirt for 20 euros. Their CD, which I downloaded from the net, costs 15 euros. I leave the conclusion to the RIAA.
  • by shark72 ( 702619 ) on Wednesday May 03, 2006 @08:14PM (#15258724)

    "The "brilliant assumption" is that people who pirate movies are going to tell the truth in a telephone survey."

    Slashdotters make this brilliant assumption all the time. How many times have you seen this:

    "People who use P2P buy more music. The studies prove it!"

    In this latest survey, if the respondents are acting as expected (saying what they think the survey taker wants to hear, or saying something which reflects better on them), then the loss to piracy is actually worse than the study states... unless the analysts are attempting to correct for this.

  • by Grax ( 529699 ) on Wednesday May 03, 2006 @08:41PM (#15258881) Homepage
    I agree. No one wants to pay full price for they crap they come out with these days.

    I was looking at the upcoming movies and they appear to be a fair mix between drivel and crap. I thought maybe X-Men would be decent but I read further and discovered they replaced the director and large parts of the staff so I lost much of my optimism (I guess I'll still see it though)

  • by __aatgod8309 ( 598427 ) on Wednesday May 03, 2006 @09:11PM (#15259036)
    But did they ask how many movies the 'consumer' purchased on dvd or watched in theatres after watching an unauthorized copy?
  • "but eventually the problem will become obvious to even the most oblivious film studio executive."

    the problem I think is, it really won't become obvious. Piracy is like jesus to the christians. It is so certain in their minds, that there is no point in healthy debate. They just won't change their views of it.

    It doesn't matter that I would never go to the theatre to watch movie "X" or even buy it at walmart. Because I watched movie "X" the studios count that as a potential loss. (a year ago, the didn't use the word potential to describe their losses).

    If you want to get businessy about it, my watching of movie "X" wasn't a potential loss, but a potential gain.

    yep, a potential gain that never came to fruition.
  • by OpenSourced ( 323149 ) on Wednesday May 03, 2006 @09:39PM (#15259197) Journal
    I live in a world of people with fast internet connections and software skills, and where copying interesting data is in the blood, be it software, music, films. But just a week ago I realized how deep this P2P thing is getting into the "real world". I was doing some install in a manufacturing plant, in the production back office. It was a small office with about ten people working. Then the secretary raised the topic of a new CD of a popular band that was to be released that day. Se asked about how long she had to wait till the CD was shared. Somebody answers that he had downloaded already. The conversation involves more people. The talked about the band, asked if the new CD was any good. All was very natural, no hushing, no self-conciousness. NOBODY even thought about buying the CD. The one that had downloaded it offered for copy, the local net of the company was used to make copies of the thing, while mixing talk of music with production problems. It was all very natural, very cool, like sending copies of a joke e-mail or something like that.

    Those where lower-income-bracket people, lower-computer-literacy people, that is, the backbone of the country. And they see nothing even remotely wrong in copying music. I fear the content producers are against too much of a slope now.

  • by Sark666 ( 756464 ) on Wednesday May 03, 2006 @10:23PM (#15259415)
    To expand on this, a famous example of this is http://en.wikipedia.org/wiki/Forrest_gump/ [wikipedia.org]

    They promised the writer, Winston Groom, a percentage of the profits, but a little cooking of the books and the top grossing film of that year becomes a commerical failure a la hollywood accounting http://en.wikipedia.org/wiki/Hollywood_accounting [wikipedia.org]

    Another example is eddie murphy's 'coming to america'. It grossed 350 mil worldwide but yet failed to produce a profit.

    Art Buchwald received a settlement after his lawsuit Buchwald v. Paramount over Paramount's use of Hollywood accounting. The court found Paramount's actions "unconscionable," noting that it was impossible to believe that a movie (1988's Eddie Murphy comedy Coming to America) which grossed US$350 million failed to make a profit, especially since the actual production costs were less than a tenth of that. Paramount settled for an undisclosed sum, rather than have its accounting methods closely scrutinized.

    Even Stan Lee had to sue marvel over spiderman profits.

    What I'm curious about is if Art Buchwald didn't settle with Paramount, and these practices were exposed in court, would the studio not be guilty of tax evasion if the movie made way more than reported?

  • by RecycledElectrons ( 695206 ) on Wednesday May 03, 2006 @10:23PM (#15259420)
    Have you ever seen anyone calculate the losses due to copy protection run amuck?

    I had to delay my graduation from UTA with a MS in CSE due to the copy protection in Wolfram Publishing's Mathematica not allowing me to run their software over the weekend, when my thesis was due Sunday at 6pm. I lost tens of thousands of dollars due to this.

    I am currently unable to run MS' Visual Studio .NET 2005 due to sill copy protection issues, when I have the full, licensed copy.

    I have suffered tremendous economic damage from people (e.g., IBM in 1998) saying that I was a pirate. You see, I was at a job interview, and was asked if I paid for my operating system. I said I did not; I ran Slackware Linux 3.4 I was physically thrown out; my $300 suit was ripped (it cost me $375 to repair) and the civil rights complaint went nowhere, due to a dept. of labor that screamed that I was a pirate and a felon.

    I am currently unable to give out free Linux discs to high school students due to the BSA threatening the college that I teach at with lawsuits if I advertise that Linux is a free alternative to Windows on the college's web site. They call that advertisement an ad for pirated software.

    I was unable to play "Test Drive 2: The Duel" from the time I purchased it a decade ago due to errant copy protection.

    I am still unable to play "World War 2" "The Global Dillema: Guns or Butter" "Hero's Quest I" "Homeworld" and "Civilizations" due to copy protection BS. (These are about the only games I ever enjoyed, and I have lost the ability to play them due to absurd copyright stuff, like needing the original 360k disk in the drive plus the original manual for "Guns or Butter."

    In my C#.NET class, I can not find a single student with a legitimate copy of VS.NET who can actually get the software to install.

    Andy Out!
  • Harry Potter (Score:3, Interesting)

    by Ungrounded Lightning ( 62228 ) on Wednesday May 03, 2006 @10:58PM (#15259571) Journal
    The first (at least) Harry Potter movie DVD was released with the Macrovision flag tuned off.

    I didn't notice anything about the sales being poor.

    (They did save a nickle a disk in Macrovision licensing, though.)
  • by masterzora ( 871343 ) on Thursday May 04, 2006 @03:10AM (#15260460)
    It is *not* the same as stealing. Stealing, aka theft or larceny, means that you take somebody else's property with the intent of permanently depriving the owner of that item. Now, tell me how a digital copy deprives the MPAA of their movie.

    More importantly, if somebody wasn't going to buy the item anyway and they download it, can that be counted as theft or a lost sale? The MPAA still has exactly as much money and stock as before and they have a means of getting a sale they wouldn't otherwise receive (for the numerous persons who buy things that they download and like).

    So, please, do tell me in what way downloading is automatically equal to theft.

  • I wonder their math (Score:2, Interesting)

    by adriantam ( 566025 ) on Thursday May 04, 2006 @06:44AM (#15260918)
    Suppose each movie is sold for $10 per view, and only 1 out of 100 would pay for that. According to my memory of the economics lesson, if I sold it for $1 per view, there would possibly be 50 out of 100 would pay, depend on the content of the movie.

    So can you say, because I sold it for $1 for an illegal copy and 50 bought it, you lost $10*50=$500? Or should it be $10*1=$10? There is a huge difference!
  • by MSZ ( 26307 ) on Thursday May 04, 2006 @11:00AM (#15262473)
    I love ripping dvd movies, I can give a copy to my unemployed friends children with the knowledge that no one has lost out and in fact the total sum of human happiness has increased.

    Wrong. WRONG. WRONG!

    By giving the illegal copy to the poor kids you have eliminated those kid's need to sell his organs to get cash to buy movies. That way not only will the media corporation have less profit, but also the execs won't have cheap organs to replace their own rotten guts.

    See? Everyone loses. Well, everyone that has any importance.

    This bollocks has to stop - my genome does not belong to corporation X, the wheel does not belong to corporation Y and plants grown in third world peasants back yards for 5000 years deffinitely do not belong to corporation Z.

    Sez you. Those fine corporations, pillars of our economy! - they have enough rabid lawyers to prove in any court, that not only your genome belongs to them, but also your entire earnings, for the whole of your predicted lifetime.

    So in practical terms - yes, they own the genomes, wheel, doubleclick, single click whatever...

    As for the Chinese... well it will be utter irony, when the country accused of so many bad things will become last defender of some freedoms. It will be "interesting times" indeed.

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