|FROM ||Ruben Safir
|SUBJECT ||Re: [NYLXS - HANGOUT] fighting back against the MPAA
|From owner-hangout-outgoing-at-mrbrklyn.com Sat Dec 20 18:37:15 2014
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Date: Sat, 20 Dec 2014 18:37:13 -0500
From: Ruben Safir
Subject: Re: [NYLXS - HANGOUT] fighting back against the MPAA
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All emphasis below ours
October 17, 2013: Torrent index site Isohunt shuts down after losing a
$110 million legal battle with MPAA. The MPAA effort was led by lawyer
November 14, 2013: Chris Dodd announces that Fabrizio has joined MPAA as
Senior Executive Vice President and Global General Counsel.
January 25, 2014: First known mention of Goliath in an email titled
"Site Blocking / ISP Measures - INPUT REQUESTED" — from Fabrizio to
Rebecca Prentice (Paramount), Leah Weil (Sony), Maren Christensen (NBC
Universal), John Rogovin (Warner Bros.), Gary Roberts (Fox), and Alan
Braverman (Disney): "My goal is to use our February meeting to present
and discuss a detailed US Goliath strategy."
February 24–26, 2014: The National Association of Attorneys General
meet in Washington, DC. In attendance: Mississippi AG (and NAAG
President-Elect) Jim Hood. Emails reveal a concerted effort during the
event to rally support for Project Goliath.
February 27, 2014: In an email titled "Goliath - PRIVILEGED &
CONFIDENTIAL," Fabrizio tells the group of six that "we are going to
spend the March 12th GC [General Counsel] meeting talking through (and
seeking approval for) an expanded Goliath strategy."
Outside counsel Tom Perrelli (a former AG now at Jenner & Block)
provides input from the NAAG meeting: "[Goliath] pretty clearly told the
AGs that they aren't going to do anything and essentially threatened the
AGs with the possibility of attacking them as they attacked folks in DC
during SOPA." Perrelli suggests "some subset of AGs (3-5, but Hood alone
if necessary) should move toward issuing CIDs before mid-May."
March 12, 2014: Leah Weil and Aimee Wolfson (both from Sony) attend a
General Counsel meeting. In a March 6th email in advance of the meeting,
Fabrizio includes the original six, Wolfson, and presumed +1s, Jeremy
Williams (WB), Elizabeth Valentina (Fox), Steve Kang (NBC Universal).
March 21, 2014: Fabrizio sends out an approval request for the Goliath
strategy. "In short, this is a strategy based on supporting and
strengthening the ongoing State AG effort... [which] is a subset of the
larger Goliath strategy."
April 29, 2014: Aimee Wolfson sends Leah Weil a blurb from an April GC
report: "Search. As of March, MPAA referred 45 search results pointing
to infringing content on Google..." Wolfson adds, "FYI re: Goliath
end-game — this is from the GC report. Are we looking for more?"
April 29, 2014: Maren Christensen (NBC Universal) forwards an email
entitled "Goliath data summary." Attached is a PDF, "Search Engine
Piracy Discussion (MPAA distribution).pdf"
May 8, 2014: Fabrizio to group. "We’ve had success to date in
motivating the AGs; however as they approach the CID phase, the AGs will
need greater levels of legal support." He outlines two options, ranging
from $585,000 to $1.175 million, which includes legal support for AGs
(through Jenner) and optional investigation and analysis of ("ammunition
/ evidence against") Goliath. Both options include at least $85,000 for
communication (e.g. "Respond to / rebut Goliath's public advocacy,
amplify negative Goliath news, [and] seed media stories based on
investigation and AG actions.").
October 20, 2014: Fabrizio emails the team of six with the subject line
"Google - Antipiracy Initiatives - Google Reaction to MPAA Statement"
(For context: Google was unhappy with the MPAA's reaction to its latest
antipiracy report). Fabrizio sees it as an opportunity. "We believe
Google is overreacting — and dramatically so. Their reaction seems
tactical (or childish). Our sense is that this will blow over and that,
following the issuance of the CID by AG Hood (which may create yet
another uproar by Google), we may be in a position for more serious
discussions with Google."
On Sat, Dec 20, 2014 at 06:35:28PM -0500, Ruben Safir wrote:
> Popcorn Time Is Coming To Android As Soon As Tomorrow
> Posted Apr 28, 2014 by Matt Burns (-at-mjburnsy)
> Next Story
> Popcorn Time’s evolution continues. A popular fork of the original
> software is launching on Android as soon as tomorrow baring any
> unforeseen delays, one of the developers tells TechCrunch. The software
> also recently gained TV shows from HBO and others, making it a
> one-stop-shop for all your pirating needs.
> Like the original, this version of Popcorn Time makes it a watching
> pirated movies a trivial task. It’s essentially Netflix with content
> you actually want to watch. And it’s free — and a bit shady
> since, you know, it’s pirated content. Since TechCrunch first
> covered Popcorn Time, the software has become more stable and gained
> additional content and features including TV shows.
> The developers of this fork of Popcorn Time tells TechCrunch that they
> have yet to receive any legal flak from the MPAA or others. But
> they’re prepared if it comes. And with the Android app soon
> launching, the increase in attention might catch the eye of
> Hollywood’s legal hounds.
> True to its original mission, the source code for the Android version
> will eventually be available on GitHub. Transparency could be Popcorn
> Time’s best defense.