November 29, 2004

Hot television
http://www.macleans.ca/topstories/technology/article.jsp?content=20041129_93
836_93836#

The new wave of online piracy is all about TV -- and Hollywood is sending
lawyers

MICHAEL SNIDER

News Corp.'s Peter Chernin cuts a confident figure at the podium, but he's
worried. Speaking about the challenges facing media companies at a consumer
forum two months ago, the COO of the Fox empire outlined his 10 rules for
survival. Rule No. 1: consumers will always want to control how, where and
when they get their entertainment, demanding maximum ease and convenience.
But it's the last rule that's the clear crux of Chernin's message: "All the
other rules are meaningless," he says, his voice growing more forceful, "if
content is not protected from digital thievery."

Why is a TV executive so agitated about online pirates? Because he, like
most media honchos, has seen the scary numbers indicating that the next big
craze in illegal file-sharing is not music, not movies, but television.
High-quality digital copies of popular shows such as Desperate Housewives,
The West Wing and, well, pretty much anything else on the tube are available
online a few hours after they air, many in high definition. Pirates with
HD-ready TV sets can enjoy these shows in widescreen format and in better
picture quality than what regular cable provides -- no need to spring for
satellite feeds or specialty channels. All they need is a high-speed
Internet connection, a modicum of computer know-how, a little patience --
and a willingness to risk a lawsuit. With the spread of personal video
recorders like TiVo, "people are ignoring the old notion that you watch your
program at 8 o'clock when CBS or NBC decides you should be watching it,"
says Mike McGuire, a digital rights expert with research company Gartner
Inc. "And they're using the Internet to do that."

Much of this new wave of video downloading is due to an innovative
file-sharing program called BitTorrent, which hit the scene two years ago
and has quickly outstripped all others in popularity. Movies and TV shows
tend to be very large files that took hours, sometimes days, to download
using previous generations of peer-to-peer programs. BitTorrent grabs small
sections of the files from different sources at once, greatly speeding up
the process. It's the pirate's "killer app," and, according to a British Web
study, it already accounts for one-third of Internet traffic at any given
time.

Hollywood, not surprisingly, is very nervous. Most of the content filling
both big screens and small is controlled by a few huge corporations such as
Viacom Inc. (which owns CBS and Paramount Pictures) and Walt Disney Co.
(ABC, Miramax Films). Piracy of movies is already a major concern for them
-- current hits like The Incredibles and others, such as I, Robot, that have
yet to make it to rental shelves, are readily available online. Now another
major revenue stream is under threat from downloaders who can select from a
smorgasbord of swiped offerings cleansed of commercials: brand new HBO and
Showcase programs such as The Wire or Huff; shows not yet on Canadian TV
such as the new Battlestar Galactica series; episodes of Enterprise, which
show up online before their Friday night airtime.

Television piracy isn't exactly a shocker to the media giants. Hollywood has
long conducted ad campaigns aimed at educating consumers about the evils of
downloading copyright content. The latest is an anti-piracy poster blitz in
video-rental shops, as well as a giveaway of free software to any computer
owners who wish to identify and remove pirated content from their machines.
The companies have also been lobbying the U.S. Federal Communications
Commission to institute measures that would safeguard TV signals. Earlier
this month, the FCC came through, ruling that broadcasters would be
permitted to embed a computer code, known as a broadcast flag, in
programming. Makers of consumer devices capable of receiving digital
broadcasts will now have to include a card that will allow viewers to watch
and make personal copies of shows on VCR or recordable DVD player, but not
to share them over the Internet. "What's really at the heart of companies'
concern is uncontrolled redistribution," says Gartner's McGuire. "The
broadcast flags are meant to try to control that."

That's the polite part of the plan. There is also a more brutal strategy in
the works. In his forum speech, Chernin said: "Consumers need to understand
that stealing is wrong, and there are consequences." Those consequences are
lawsuits. Last week, the Motion Picture Association of America sued an
unspecified number of U.S. citizens who allegedly scoop movies online,
asking for damages of up to US$150,000 per film traded. Hollywood hopes that
a round of legal salvoes will pre-empt TV piracy before it goes mainstream.
After all, when the Recording Industry Association of America launched cases
against more than 6,000 music downloaders last year, the pace of file
sharing seemed to slow. That impression may have been an illusion, however,
even though record companies saw an uptick in CD sales after three years of
losses. Industry watchers say file sharing is as strong as ever, and getting
easier and more efficient. "Regardless of what people found in the early
days of lawsuits," says Eric Garland, head of research firm BigChampagne
LLC, which tracks Internet activity, "the consensus now is that file sharing
is hitting all-time highs."

For the real solution, media moguls might refer to Chernin's first rule of
survival -- the one about consumers wanting control, choice and convenience.
Logging onto the Net and quickly downloading your favourite show in HDTV
fulfills that principle. Until makers of entertainment can satisfy this
desire, the piracy fight is likely to keep getting bloodier.

New technology promising to give you instant entertainment gratification:

� PVRs and DVD recorders: TiVo and similar gadgets save shows digitally so
you can watch them when you wish; files can be easily transferred to a
computer for uploading to the Net.

� Media hubs: store your digital entertainment -- music, movies, photos,
recorded TV shows -- on huge hard drives.

� Extenders: wireless devices let you display on TV video you've stored on
PC.

� Portable video players: iPods for video.



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