Wednesday, August 30, 2023

TorrentFreak's Latest News

 

Putin's Cinema Fund Rejects Movie Piracy, Fuming Cinema Boss Demands Barbie
Andy Maxwell, 30 Aug 10:06 AM

confusingIf piracy had its own Olympics, Russian competitors would be among the favorites to bring home the gold, or so the stereotype dictates.

Yet for the last 18 months, multiple threats to legalize piracy of Western movies have not only faltered, but have thus far reached no obvious conclusion. From former president Dimitry Medvedev who called for mass piracy out of spite, to reluctant cinema workers with no movies to screen but families to feed, the value of Hollywood's movies was there for the taking.

At what point the conversation changed isn't clear, but at least in the media there appears to be momentum building against the idea that piracy of Western content would be good for Russia. It seemed to take much longer than it should have, but the realization that a Western content free-for-all would hurt demand for local content arrived eventually, right in the middle of nothing out of the ordinary on the piracy front.

Piracy Plan Receives Little Support

Among those in favor of state-sanctioned piracy of Western content is Alexei Sinitsyn, the First Deputy Head of the Federation Council Committee on Economic Policy.

After being hit by Western sanctions, Sinitsyn and department head Andrei Kutepov prepared a bill that would deny foreign rightsholders protection under the Civil Code, if they refused to grant licenses for their movies to be shown legally in Russia.

The proposals included shipping unlicensed foreign films in via Belarus and issuing them with a Russian distribution certificate, regardless of paperwork. The Ministry of Culture didn't like the idea, ostensibly because that would violate foreign rightsholders' exclusive rights.

According to a report published Tuesday, these piracy proposals face new objections on both legal and moral grounds.

Cinema Fund: We Oppose the Plan

Cinema Fund (Фонд Кино) is a body through which the Russian government funds movies and TV shows that benefit the state. The official line is that Cinema Fund supports local filmmaking and "provides conditions" for creating high-quality films "that meet national interests."

Interestingly, Cinema Fund's position on Sinitsyn's failing piracy plan, outlined in a letter seen by Izvestia, suggests that overt piracy of Western movies isn't viewed as acceptable.

"The implementation of any mechanisms for legalizing the display of audiovisual content without the consent of the copyright holders ('piracy') creates additional legal and reputational risks, [and] currently seems inappropriate," writes Cinema Fund Executive Director, Fedor Sosnov.

Moral Values vs. Good Movies

It transpires that copyright is just one of the reasons behind Cinema Fund's decision to oppose piracy of foreign content.

Sosnov's letter states that allowing distribution of foreign films risks "providing access to content on the territory of the Russian Federation that is contrary to the fundamentals of state policy to preserve and strengthen traditional Russian spiritual and moral values."

Given that escapism is why people love movies in the West (and perhaps why just one film supported by Cinema Fund turned a profit in 2022), Roman Isaev of the Council of the Association of Cinema Owners is clear: Russians want blockbuster foreign films and if local cinemas can't offer them, they won't survive.

"The Cinema Fund and the Ministry of Culture have a well-established, formulated position of protecting the interests of Western copyright holders, following in line with the Geneva and Vienna conventions for the protection of copyright," Isaev says.

"For some reason, they believe that in the current geopolitical situation and pressure on Russia, our country must sacredly support and comply with all requirements for copyright protection."

Russian Cinema Industry on the Brink

In comments published by NSN, AVK member Comscore said that if Russia's film industry is to survive, it needs an injection of at least 40 billion rubles. To get properly back on track, around 60 billion rubles (around $629 million)

"The viewer determines the success or failure of a particular film and the state of the industry as a whole. He wants to watch world blockbusters, as they are shown in the cinemas of the CIS countries, appear on the news agenda, in particular, the sensational 'Barbie' and 'Oppenheimer'," Isaev adds.

"Russian cinemas cannot offer them. Some of the viewers will go to see a Russian film or foreign films that are legally available, but most will watch a pirated copy on the Internet."

Copyright disputes have a tendency to become more complicated as the stakes increase, but nobody in Russia feels confident enough to address the elephant in the room. Cinema wasn't collapsing in the hours preceding Thursday, Feb 24, 2022, and answers to the "geopolitical situation" won't be found during the closing credits of Barbie, paid for or not.

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

OpenAI Asks Court to Dismiss Authors' Copyright Infringement Claims
Ernesto Van der Sar, 29 Aug 09:21 PM

openaiArtificial intelligence has the potential to make our lives more efficient, entertaining, and productive. There are potential downsides as well.

From a copyright perspective, AI brings up some interesting questions. For example, can content created by an AI be copyrighted? And can an AI be trained on copyrighted works without limitation?

Authors Sue OpenAI

According to several authors, large language model training sets shouldn't be permitted to use every piece of text they come across online. In their lawsuit filed in June, book authors Paul Tremblay and Mona Awad accused OpenAI of direct and vicarious copyright infringement, among other things.

Soon after, writer/comedian Sarah Silverman was joined by authors Christopher Golden and Richard Kadrey in an identical suit which also accused OpenAI of using books as training data. This happened without permission, using datasets that were sourced from pirate sites, the complaint alleged.

The complaints mention the controversial Books2 and Books3 datasets that are believed to be sourced from shadow libraries such as LibGen, Z-Library, Sci-Hub, and Bibliotik.

"The books aggregated by these websites have also been available in bulk via torrent systems. These flagrantly illegal shadow libraries have long been of interest to the AI-training community..," the authors wrote.

OpenAI Asks Court to Dismiss Claims

This week, OpenAI responded to these accusations with a request for the bulk of the claims to be dismissed. They include vicarious copyright infringement, DMCA violation, unfair competition, "negligence," and unjust enrichment allegations.

"None of these causes of action states a viable claim for relief because none of the legal theories challenged here actually condemns the conduct alleged with respect to ChatGPT, the language models that power it, or the process used to create them," OpenAI informed the court.

"It is important for these claims to be trimmed from the suit at the outset, so that these cases do not proceed to discovery and beyond with legally infirm theories of liability."

bulk dismissed

The only claim that should be able to survive, for now, is direct copyright infringement, but OpenAI expects to defeat the claim at a later stage.

Fair Use

The authors' copyright infringement claims are grounded in copyright law. OpenAI doesn't dispute that copyright plays a role but notes that the complaints take a hard line, glossing over exemptions such as fair use.

"Those claims, however, misconceive the scope of copyright, failing to take into account the limitations and exceptions (including fair use) that properly leave room for innovations like the large language models now at the forefront of artificial intelligence."

OpenAI notes that when the U.S. Constitution was drafted, its creators saw copyright law as a tool to promote the progress of science and the useful arts. In this case, AI is seen as useful progress, and its use of large amounts of copyrighted texts could be seen as 'fair'.

"Numerous courts have applied the fair use doctrine to strike that balance, recognizing that the use of copyrighted materials by innovators in transformative ways does not violate copyright," OpenAI writes.

Derivative?

The authors clearly have a different take. They argued that every output of OpenAI's language models is a copyright infringing derivative work. These derivatives are generated without obtaining permission from rightsholders.

OpenAI argues that this conclusion goes too far. The organization points out, based on the authors' theory, that all output from large language models is essentially copyright infringing. While that may be what the authors want, it would severely hamper AI innovations.

Courts have previously rejected interpretations of the term derivative that are too broad, and should do so here as well, the AI company notes.

"According to the Complaints, every single ChatGPT output —from a simple response to a question, to the name of the President of the United States, to a paragraph describing the plot, themes, and significance of Homer's The Iliad— is necessarily an infringing 'derivative work' of Plaintiffs' books.

"Worse still, each of those outputs would simultaneously be an infringing derivative of each of the millions of other individual works contained in the training corpus— regardless of whether there are any similarities between the output and the training works. That is not how copyright law works," OpenAI adds.

Based on these and a variety of arguments, OpenAI asks the court to dismiss all claims, except direct copyright infringement.

The authors have yet to respond, but they will likely counter OpenAI's motion. These cases will help to define the boundaries of copyright when it comes to AI developments, and will likely be fought tooth and nail.

The motions to dismiss in the Tremblay and Awad case can be found here (pdf), and the identical version that's filed in the Silverman, Golden, Kadrey lawsuit is available here (pdf).

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

270x90-blue

Are you looking for a VPN service? TorrentFreak sponsor NordVPN has some excellent offers.

 
 
Powered by Mad Mimi®A GoDaddy® company

No comments: