September 27, 2006

Someone Else Confused About GUBA [7:24 am]

In this commentary, Mark Hachman sees that GUBA’s continuing operation signifies that The MPAA Surrenders in War Against Piracy

It’s a high-profile war, and apparently no expense is being spared. But what about the Web? What if there was an easily accessible source of illegally copyrighted materials, with a search engine, on a site that had participated in a press release with the MPAA itself, touting new automated measures to prevent piracy? Wouldn’t the MPAA see the forest for the trees and quickly crack down on the offender?

As it turns out, apparently not.

I’m talking about Guba.com, which offers for-pay online rentals and purchases of licensed movies and TV shows, but also archives files published to Usenet, a collection of text-based newsgroups that can hide encodings of copyrighted material often spread across dozens of separate messages.

[...] But here’s the rub: in February, the MPAA filed suit against sites including TorrentSpy and BTHub, arguing that even links to copyrighted content encourage people to download illegally. Meanwhile, Guba happily provides copyrighted content to the public. And the MPAA has utterly lost the moral high ground, if it hadn’t already.

The only conclusion I can draw from this is that the Guba archive is an MPAA-sanctioned supply of copyrighted content. Maybe this is a social experiment, a quiet no-mans-land where users sick of paying $24.99 for a new DVD and studio execs burned out on the Hollywood lifestyle can swap a few bits with the average joe. Seriously, if a site provides downloadable content using an MPAA-approved filtering algorithm to weed out copyrighted content, isn’t that a safe argument that downloaders should be free from liability?

So apologies all ’round, then. I clearly have missed the gaping hole in the MPAA’s position, that of leniency to its partners.

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