Saturday, March 6, 2021

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Movie Pirates Don't Mind Waiting For HD Quality Releases
Ernesto Van der Sar, 06 Mar 10:11 PM

sparrowThe movie industry is changing rapidly. Release windows are shrinking which means that films become available in digital format sooner.

In some cases, theatrical and digital premieres take place on the same day. This is good news for consumers, as it increases their options.

Pirated HD Movies Become Available Quicker

Pirates are also happy with this new strategy. Instead of waiting several months, they can now download an HD copy right away. This is happening on a massive scale as we have seen with titles such as "Wonder Woman 1984".

This change in the piracy landscape means that movies recorded in theaters, the low-quality CAM versions, become even less relevant. Over the years these CAMs have already lost popularity, and with online premieres, this process accelerated.

The importance of quality and release windows is illustrated in a white paper published by piracy tracking firm MUSO a few days ago.

Comparing Piracy Cycles

The company compared the streaming piracy statistics of two Hollywood blockbusters. The first one, "Birds of Prey," saw a wide theatrical release in February 2020, followed by digital releases in March (US) and April (UK), which varied per country.

The second film is Tenet, which has a much longer release window. The movie premiered in theaters last August and was released digitally three months later in December.

Looking at the graphs below, it is clear that there was a bigger piracy spike for "Birds of Prey" early on because there was an HD copy available. This situation was made worse by the fact that pirated HD copies were available in several countries before the legitimate release.

Streaming piracy 10 days before and 90 days after the first release. (MUSO.com)

muso compare

For Tenet there initially were only low-quality CAM rips on pirate sites, which the broader public tend to ignore. As a result, streaming piracy numbers were much lower.

"The strategy to not release ​Tenet​ digitally until December 15th resulted in the film having 42% less streaming piracy than ​Birds Of Prey ​in the first 90 days from release," MUSO writes.

Postponed Piracy, Not More Piracy?

While this statement is correct, the conclusion deserves some nuance which MUSO doesn't provide. Apart from the various limitations that come with measuring streaming piracy, the graph above doesn't include the biggest Tenet piracy spike, which came after 90 days.

In other words, with a longer release window until the digital release, the big piracy spike is simply postponed. Based on this single comparison, it's not possible to argue that there is more or less piracy with either strategy.

That said, the data also suggest that many pirates are happy to wait for months until an HD version becomes available. They prefer video quality over early access. This is an issue MUSO goes into as well.

Pirates Wait for HD Releases

If we look at Tenet piracy streaming beyond the first 90 days, we see that the highest number of 'views' came after 90 days, when the HD copy leaked on pirate sites.

This suggests that pirates are more interested in high-quality video. In fact, we wonder whether all people who tried to stream Tenet earlier actually watched the film. Some may have just clicked on it to check the quality, without watching it in full.

Tenet streaming piracy August-December 2020. (MUSO.com)

tenet

The appetite for HD releases is even more visible when we look at the interest in pirated Tenet copies on torrent sites. As shown below, the early CAM release only accounts for a fraction of the downloads compared to the HD version that came out months later.

Tenet P2P/torrent piracy August-December 2020 (MUSO.com)

tenet torrent

"The P2P/torrent audience preferring to wait until the HD release on this title with 68% of these downloads happening in December alone," MUSO writes in their whitepaper.

"Torrenters are perhaps more interested in ownership and quality for this type of action-thriller blockbuster genre compared to the illegal streaming audience wanting early access via the leaked cinema CamRip," the company adds.

These data are particularly relevant today, as the movie industry has shortened release windows. In some cases, release windows have disappeared completely. Warner Bros, for example, now releases movies on HBO Max and in theaters simultaneously.

Longer Release Windows Are Not 'Better'

This means that for these films, the spike in piracy will come earlier as well. This could potentially mean that these pirated releases will hurt revenue for movie theaters as well. However, that's not something MUSO data can prove.

In fact, the only academic research on this topic suggests that shorter release windows don't increase piracy, it just takes place earlier.

Similarly, this research also found that shortened release windows don't hurt box office revenue and actually increase digital sales. In other words, movie studios earn more revenue, despite the fact that people pirate films earlier.

It's All About Revenue

In summary, MUSO's data neatly illustrates that the biggest piracy spikes concentrate around HD releases. However, that doesn't mean that delaying these releases will lower the overall piracy volume. It's not necessarily more profitable either, and may actually hurt revenue.

MUSO's whitepaper concludes that anti-piracy teams should understand the difference in piracy behavior, and adjust their enforcement strategies accordingly.

"Piracy is nuanced and varied, using detailed piracy consumption data allows companies to optimise and improve their anti-piracy results. Using data to drive decisions and focus on the right areas for an individual release, empowers more effective anti-piracy campaigns and ultimately drives revenue through legal channels," MUSO writes.

While we agree with this overall conclusion, seeing fewer pirated streams and downloads doesn't always lead to more revenue. So, it may actually be more important to consider how piracy affects sales.

From: TF, for the latest news on copyright battles, piracy and more.

Search Engines Won't Face Monopoly Investigation Over Pirated Content
Andy Maxwell, 06 Mar 12:03 PM

SearchSending DMCA takedown notices for infringing content is something that happens millions of times every week in the West and while copyright holders feel the process is labored, huge quantities of content are quickly removed from search results.

In Russia the process has been streamlined following the signing of an anti-piracy memorandum and the introduction of a centralized takedown system. The signatories, which include the country's largest tech and media companies, agreed to the creation of a database of infringing content, with the tech companies querying it and taking content down automatically.

While this system appears to be working as planned, publishers are currently excluded from the scheme, something which prompted them to file an unusual complaint in 2020.

Publishers File Complaints With Federal Antimonopoly Service

Under the umbrella of the Association for the Protection of Copyright in the Internet (AZAPI), last year major publishers Eksmo and AST (which together control 30% of the market), Alpina Publisher, Hachette subsidiary Azbuka Atticus, Mann, plus Ivanov and Ferber, filed complaints with the Federal Antimonopoly Service, claiming anti-competitive behavior by Yandex and Mail.ru.

Signed by AZAPI chief Maxim Ryabyko, the complaints alleged that Yandex, Russia's leading search engine, was "abusing its dominant position" by not removing pirating eBooks from search results. This encouraged "unfair competition" from pirated content to flourish in its indexes.

The publishers said that while they have a site-blocking initiative underway with the assistance of the Moscow Court, pirate sites keep deploying mirrors to counter blocking. These quickly appear in Yandex's indexes, undermining their work.

Mail.ru was accused of similar failings. As the owner of social media giants vKontakte, Odnoklassniki (Classmates) and Moi Mir, the company implements anti-piracy fingerprinting technology on vKontakte but AZAPI wants that to be expanded to other services and Mail.ru is currently not complying. According to AZAPI, this creates discriminatory conditions for copyright holders.

Federal Antimonopoly Service Rejects AZAPI's Complaints

The recently published decision by FAS, as reviewed by Kommersant, states that while the publishers are not allowed to participate in the anti-piracy memorandum (and therefore have access to the expedited takedown program) that does not amount to discrimination on the part of Yandex.

The publishers are still able to file takedown notices with Yandex against pirated content via the company's regular complaints system, FAS notes, which means that the companies aren't left without an option to tackle infringing content.

More fundamentally, the Federal Antimonopoly Service found that since Yandex and Mail.ru operate in completely different markets to the publishers, there are no reasons to initiate proceedings against either for acting in an anti-competitive manner.

Yandex and Mail.ru Welcome The Decision

As expected, both companies welcome the decision by FAS not to open cases against them, arguing that the conclusion drawn by the anti-monopoly service makes perfect sense.

"We support the FAS decision and are confident that AZAPI's accusations of unfair competition are groundless. Yandex is not a participant in the book market and does not distribute electronic or audio books," Yandex's press office said in a statement.

The search giant added that while it takes down copyrighted content as part of the memorandum, all other copyright holders can make use of its regular takedown system.

Mail.ru noted that the monopoly service is not the correct platform for this type of dispute.

"In our opinion, the FAS decision is obvious: we said earlier that AZAPI's requirements are not subject to antimonopoly regulation. We always strictly comply with copyright protection legislation," Mail.ru's statement reads.

Publishers Demand Inclusion

Predictably, AZAPI is not happy with the FAS decision and has already indicated it will file an appeal. However, the problem from an enforcement perspective appears to lie with the exclusion of the publishers from participation in the memorandum, the terms of which are being written into law. On that front, progress is on the horizon.

During a meeting last December, Maksut Shadayev of the Ministry of Digital Development received a request for publishers to be included in the memorandum and the draft legislation based on it, when it is eventually passed into law.

In January 2021, telecoms watchdog Roscomnadzor confirmed that when the bill is eventually passed, it will enable copyright holders who were previously excluded – including publishers – to take part.

"With the adoption of the bill, the mechanisms of combating pirated content worked out during the Memorandum's validity will be extended to companies that have not signed this document," the watchdog said.

From: TF, for the latest news on copyright battles, piracy and more.

 
 
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