Motion Picture Association of America

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The Motion Picture Association of America (MPAA) was since 1922, originally the Motion Picture Producers and Distributors of America (MPPDA) (pre - 1942 and 1946 - 1948), is a non-profit business and trade association based in the United States, which was formed to advance the business interests of movie studios.

The current Chairman and CEO of the MPAA is Dan Glickman. MPAA members include the "big six" major Hollywood studios ^[1], which are:

1. Walt Disney Pictures (The Walt Disney Company);
2. Columbia Pictures (Sony Corporation);
3. Paramount Pictures (Viacom);
4. 20th Century Fox (News Corporation);
5. Universal Studios (NBC Universal);
6. Warner Bros. (Time Warner).

The MPAA administers the voluntary film rating system. MGM was an MPAA member until 2005, shortly after Sony Pictures Entertainment's failed attempt to buy that studio; it ended in a partly Sony-funded acquisition. Lions Gate also joined the film rating system, but was not in the big seven. Neither is The Weinstein Company.

As part of its campaign to stop copyright infringement the MPAA is fighting to stop the sharing of copyrighted works via peer-to-peer file-sharing networks. The MPAA's anti-piracy campaign has gained much publicity and criticism.

Contents 1 Leadership 2 Copyright Campaign 2.1 You Wouldn't Steal a Car 3 Campaign against online piracy 3.1 Razorback2 3.2 The Pirate Bay 4 Controversies 4.1 Rating system 4.2 Copyright issues 4.2.1 Fight against online piracy 4.2.2 Online piracy figures 4.3 Ratings 4.3.1 Allegations of copyright infringement by the MPAA 4.4 Monopoly 5 See also 6 References 7 External links

[edit] Leadership

From 1966 to 2004, Jack Valenti was MPAA president, virtually becoming the association's eponym because of his long tenure and high public profile. Valenti retired on 1 September 2004. Dan Glickman, a former U.S. Secretary of Agriculture, now serves as the MPAA Chairman and chief executive officer.^[2][3]

Kori Bernards is the MPAA's corporate-communications vice-president and principal spokeswoman.

[edit] Copyright Campaign

[edit] You Wouldn't Steal a Car

You Wouldn't Steal a Car is a 2004^[4] advertisement by the MPAA that is put before the actual content on many DVDs. It is sometimes made impossible to skip, so the viewer must watch it, but sometimes it can be skipped by pressing the skip button or the menu button or skipped using software that ignores user operation prohibition.

The voiceover (and text) of the ad says "You wouldn’t steal a car. You wouldn’t steal a handbag. You wouldn’t steal a mobile phone. You wouldn’t steal a DVD. Buying pirated films is stealing…Stealing...Is Against...The Law...Piracy: It’s a crime."^[5][6] The ad has been parodied several times^[7][8] and ironically, was known to appear in many copies of pirated DVDs.

[edit] Campaign against online piracy

The MPAA has taken legal actions against a number of peer-to-peer file-sharing sites (or BitTorrent trackers) that are used to upload and download copyrighted material (such as movies). Widely publicised examples include Razorback2 and The Pirate Bay.^[9]

In February 2006 the MPAA released the following statement:

“

"Today’s lawsuits are part of MPAA’s international campaign against online piracy which has experienced some significant victories as of late. Last week the server facilitating one of the largest Torrent sites in the Netherlands, Dikkedonder, was shut down and on Monday, Belgian and Swiss authorities shut down Razorback2 -- the number one eDonkey server in the world which facilitated the illegal file swapping by approximately 1.3 million simultaneous users. The MPAA’s strategy focuses on all levels of Internet piracy to cut off the major suppliers of illegal files and at the same time curtail facilitation of illegal file swapping by peer-to-peer networks. Approximately 75 Torrent and eDonkey sites have been shut down in the last year as a result of these efforts."[9]

”

[edit] Razorback2

On 21 February 2006, the servers located in a Belgian datacenter were confiscated by the Belgian police, and their operator, who lives in Switzerland, was arrested. This was done after a local judge authorized the confiscation at the datacenter in Zaventem near Brussels, after initiation by the MPAA.^{[citation needed]}

In a Press Release the MPAA Chairman and CEO Dan Glickman stated:

“

This is a major victory in our fight to cut off the supply of illegal materials being circulated on the Internet via peer-to-peer networks. By shaving the illegal traffic of copyrighted works facilitated by Razorback2, we are depleting other illegal networks of their ability to supply Internet pirates with copyrighted works which is a positive step in our international effort to fight piracy.[10]

”

[edit] The Pirate Bay

On 31 May 2006, Swedish police raided The Pirate Bay, a Sweden based BitTorrent tracker, prompted by allegations of copyright violations. Some 65 police officers participated in the raid, shutting down the site and confiscating its servers, as well as all other servers hosted by The Pirate Bay's ISP, PRQ Inet. Three people, Gottfrid Svartholm, Mikael Viborg, and Fredrik Neij, were held by the police for questioning. ^[11] Four days later, The Pirate Bay was fully functional again.

The raid became controversial in Sweden when the Swedish public broadcast network, Sveriges Television cited unnamed sources claiming that the raid was prompted by political pressure from the United States, which the Swedish government denies. Specifically, the claim is that the Swedish government was threatened with WTO trade sanctions unless action was taken against The Pirate Bay.^[12] There have been claims of ministerstyre (lit. "minister rule", when a politician pressures another government agency to take action, which is unconstitutional in Sweden) in connection with this allegation.^[13] A letter titled "Re: The Pirate Bay" from the MPAA to Dan Eliasson, the Swedish State Secretary, was dated two months before the raid and hinted at trade reprisals ("It is certainly not in Sweden's best interests to earn a reputation as a place where utter lawlessness is tolerated") and urged him to "exercise your influence to urge law enforcement officers in Sweden to take much needed action against The Pirate Bay".^[14]

In a MPAA press release, 31 May 2006, entitled "Swedish Authorities Sink Pirate Bay", Dan Glickman, MPAA Chairman and CEO, states:

“

The actions today taken in Sweden serve as a reminder to pirates all over the world that there are no safe harbors for Internet copyright thieves[15]

”

In the 2007 documentary Good Copy Bad Copy, as well as the film Steal This Film II^[16], Glickman is interviewed in connection with the 2006 raid on The Pirate Bay by the Swedish police, conceding that piracy will never be stopped, but stating that they will try to make it as difficult and tedious as possible.^[17]

[edit] Controversies

[edit] Rating system

One example is the film rating system. Many believe that the intent of the various ratings has been subverted. For example, there is widespread access to R-rated movies even for those under 17, while the NC-17 rating spells commercial death for a film,^[18][19] undermining its purpose.

Film critic Roger Ebert has called for an entirely new system of ratings designed to address these issues. Some people criticize film-makers for editing their works to conform to the various ratings. For example, they might excise some extreme violence or sex to avoid an NC-17, or even "spice up" a children's movie so as to move from G to PG and appeal to older children. The ratings system itself is attacked as de facto censorship by free-speech activists, and conversely as too lenient in its content standards by some conservative critics, religious leaders, lawyers, and parental review sites. In This Film is Not Yet Rated, Kirby Dick argues that the MPAA tends to be considered more complacent with violent content than sexual, and that there is more bias against homosexual sexual content than heterosexual.

[edit] Copyright issues

[edit] Fight against online piracy

The rise of the Internet has further emphasized the MPAA’s role in controlling content. However, the Internet allows some users to access content they otherwise could not, such as viewing NC-17 movies that are not shown in theatres. The MPAA has responded legally by seeking to shut down piracy websites.

The MPAA has forced some well known fanfiction sites such as Fanfiction.net to cease using the MPAA Rating System to rate fanfictions on the site due to copyright infringement on the rating system. Although the MPAA has won several victories against online piracy such as the Razorback2 raid and a series of successful lawsuits against public torrent websites, online piracy is still growing steadily with modern studies showing more and more participants.

The effect MPAA raids have had on overall online pirating traffic is, to date, limited — the day Razorback2 (a major server on the Edonkey2000 network) was shut down, Edonkey2000 network traffic stayed the same, showing negligible change.^[20][21][22] However the MPAA has had a very successful history shutting down networks of pirated material and torrent sites, bolstering a record of approximately 75 during 2006.^[23]

Sociologists^[who?] would identify the MPAA’s new war on anti-piracy as an attempt to reincorporate their control of how people consume media. Although the MPAA has sued numerous websites that distribute pirated material, they have never sought financial retribution. Some argue^{[attribution needed]} that the manner in which the MPAA has so vigorously pursued these websites is an example of their apprehension to relinquish power over media productions and their control on establishing and maintaining moral standards in media. This battle between the MPAA and cultural consumers is a typical example of excorporation and reincorporation, as defined by sociologist John Fiske. ^[24]

[edit] Online piracy figures

In the MPAA press release from May 31, 2006 on The Pirate Bay raid the MPAA stated that they lost $6.1 billion dollars nationwide to piracy in 2005, and that internet piracy alone had cost the studios $2.3 billion.^[25] This is especially so as over 20 percent, $1.4 billion, of the $6.1 billion figure represents what is essentially making a non-commercial backups, either virtually on a device or physically on another disc, which is protected under United States law. These numbers are further suspicious due to the private nature of the study, which cannot be publicly checked for methodology or validity.^[26][27][28]

On January 22, 2008, it was revealed that the MPAA numbers on piracy in colleges was grossly inflated by up to 300%.^[29] This came at a time when the MPAA were trying to push a bill through which would compel universities to crack down on piracy.^[30]

[edit] Ratings

This is the current list of the MPAA's ratings:

G 

The movie contains very mild violence, sexual content, or language. There is no need for parental guidance.

PG (M between 1967 and 1970 and GP between 1970 and 1972) 

The movie may contain mild violence, mild sexual innuendo, or language. Young children (ages 9 and under) should have parental guidance.

PG-13 

The movie may contain intense violence, some sexual content, and/or infrequent strong language. Children under 13 should have parental guidance; however, parental guidance is not legally enforced.

R 

The movie may contain strong violence and language, drug references or sexual content. People under 17 must be with an accompanying parent or adult guardian when watching an R-rated film in a cinema.

NC-17 (X until 1990) 

The movie may have extreme violence, explicit sexual content, hard drug use or very strong language. People ages 17 and under must not be admitted to an NC-17 rated film in a cinema.

[edit] Allegations of copyright infringement by the MPAA

In 2007, English software developer Patrick Robin reported that the MPAA was illegally using his blogging platform, Forest Blog. Forest Blog is distributed for free under a linkware license; anyone who uses it must link back to his site where Forest Blog is offered for download. To remove the links back to his site, they must purchase a license. The MPAA had removed the links, without paying for a license.^[31]

On November 23, 2007, Matthew Garret notified the MPAA that it was in violation of the GNU General Public License (GPL) for distributing a software toolkit designed to help universities detect instances of potentially illegal file-sharing on school networks. This tool kit was based on the Xubuntu operating system, which is licensed under the GPL. The violation was distributing a derived work without making the source code available. On December 1, 2007, Garrett notified the Internet service provider for the MPAA that, in accordance with the Digital Millennium Copyright Act, he was requesting them to disable the offending distribution web site. It is not clear if this request was ever honored. However, the MPAA did change the site so as not to offer the toolkit for distribution.^[32]

In the DVD extras to the film This Film Is Not Yet Rated director Kirby Dick accuses the MPAA of making an illegal copy of his film during the process of reviewing the film for its rating.

[edit] Monopoly

Since the MPAA members are the Motion Picture industry's most powerful studios, representing some of the world's largest media corporations, allegations of monopoly are often brought up by critics. Critics also point to the MPAA's support for closed standards that hinder competition. Other critics have suggested that films released by major studios (members of the MPAA) are given more deference in terms of ratings than films released by independents.^[33] The movie This Film Is Not Yet Rated revolves around this idea.

[edit] See also

• Recording Industry Association of America
• Anti-copyright
• Big Content
• DeCSS
• Lucky and Flo
• National Association of Theatre Owners
• Operation Red Card
• Pre-code
• Who Makes Movies?
• You can click, but you can't hide
• This Film Is Not Yet Rated

[edit] References

[edit] External links

• http://www.MPAA.org/
• Stanford University's Kamil Dada quizzes the MPAA over illegal file sharing
• 2007 Record Year for Movie Industry