Monday 30 June 2014

A Case For Piracy…

Thankyou to my friend Melissa for posting this for me...


This week I am busy playing television drama catch up watching Game of Thrones Season Three (on DVD) after spending the last couple months playing catch up with Supernatural. Next week Game of Thrones Season Four will air in Australia on pay television. Better late than never for those fans waiting for the next legal instalment.

Next week HBO and Google Play (where Season Four is currently available to be downloaded) will bring an exhibition of artefacts from the set to Australia. I suspect HBO and Google Play have bought the exhibition and some of its stars to Australia to create some good will as this series aired in the US months ago. Google Play have been offering the complete season for approximately $20 for some time. I personally prefer to buy television content without commercials even if it streamed directly after airing in the United States. DVDs are also better quality than Google Play. Playing television episodes on Google Play tends to eat up large amounts of my data allocation per month.   

The debate around piracy, Game of Thrones and Australia had already begun several years ago. Australians are the world leaders in illegal television downloading. In a previous post I wrote about how Australians are the worst pirates of this series after reading about it through Torrent Freak. With the arrival of this series on pay TV this year, the piracy of the series and the opinions of those who commit it, and the television station was raised recently on the Australian Broadcasting Commission. There is nothing like media reports that provide an all rounded inclusive debate between HBO, Foxtel the pay television providers and the fans that pirate the series.

The offer made by HBO and Google Play while not ideal for those who are fans, but is preferable to piracy. To locate and download piracy and the possible consequences isn’t worth my time and effort. Today $20 wouldn’t get me into a movie with popcorn or an amusement park. It may get me a cheap and nasty takeaway lunch.

While I do not agree with or engage in piracy I certainly can understand why Australians are sick of the way they have been treated by multinational television providers in Australia and overseas. If there is anyone who understands this it should be the Murdochs and Foxtel. Yes, I have to agree with the article attached published in the Sydney Morning Herald earlier this year that concludes it is Foxtel that is causing a problem with content access in Australia. But it is typical of the contempt television stations have for consumers in Australia.

The following articles provided by the Australian Broadcasting Commission raise many of the points I have raised before in my journey through piracy. Fans use many excuses to justify their piracy. For example, people say they have no choice but to pirate because they want to see the episode before anyone else tells them what happens. The answer to that is, part of being an adult is being able to cope with not having everything we want and being able to wait for things. If all else fails practice being an ostrich or emu and stick your head in the sand. It isn't that hard in Australia not to know what is happening in the rest of the world.

Another argument people who pirate use say they also buy DVDs and other merchandise. This was stated by the fans in an interview with ABC at a local Supernova fan convention where one of the stars from a Game of Thrones was appearing. I have also read the argument that people want to pirate because they can’t afford it. As previously mentioned season four of Game of Thrones (although late) is only $20. I am happy to pay for it from Google Play. I will not be going to the movies or football or having a bottle of wine this weekend. It is about priorities and sacrifices to get what we want. People have such a sense of entitlement and take things without thinking about the impact they have on the future of television content. But they do recognise at times it is stealing.

So no I won’t be paying for television content any time soon. I won’t illegally download content or go looking for content on YouTube. I will wait it out for other options. I am usually glad I do.  And hopefully HBO and other television content providers will come to its senses and provide legal content available for purchase for consumers like me willing to pay as soon as possible.

Game of Piracy - fans say they have no option but to download ABC Central Victoria (no copyright infringement intended) By Corey Hague 8 May 2014

Meet the man who says he has been forced into a life of piracy just to be able to see Game of Thrones. Changes to the licensing of the smash hit tv series have resulted in record-smashing numbers of illegal downloads from Australia. Foxtel says the change from having the program available on demand on iTunes to exclusively available on its pay tv network is fair and it is working with the Federal Government to 'make copyright act work better'.

The world's hottest show on television right now is undoubtedly the American-based HBO TV network series Game of Thrones, based on the novels by George R. R. Martin.

Full of sex, violence, plot twists and even the odd dragon, it has found a legion of fans down under that can't get enough of the epic drama series.

But as of season 4, the only way to legally view it in Australia is via a subscription to Foxtel television or its digital offering, Foxtel Play. It wasn't always like this, with previous seasons available through either the Apple iTunes store or the Google Play store.

The change came as a result of American parent company HBO bringing Australia into line with their licensing deals across the world.

But the wheelings and dealings are little consolation to viewers who just want to watch their show at the same time as the rest of the world without signing up to a Foxtel product.

Taking to the web and social media, the outcry was swift and vocal about what the changes meant.

Forced into piracy
The choice became simple for anyone wanting to keep up with the goings on of Westeros; subscribe, stop watching or figure out another way to view it.
"Unfortunately, I've had to break the law I guess, just because I want to see it before everybody spoils it for you by telling you what happens. There's no other way to do it," says Alex, a 36-year-old devotee.

What makes his response to the situation slightly different to many copyright infringers is that Alex has never downloaded anything illegally in his life.

A huge film buff, he owns thousands of DVDs and Blu-ray discs, all purchased officially. He's also spent thousands of dollars purchasing content from the iTunes store, including the first three seasons of Game of Thrones.

It's the HBO model
As Foxtel head of Corporate Affairs, Bruce Meagher has followed the outcry online. He's even written an open letter explaining the reality of supporting a multi-million dollar per-episode television program.

The response to the letter from internet commenter's wasn't exactly warm, although it served to highlight the very real issues facing both Australian businesses and consumers.

"People can legitimately disagree with our business models; they can disagree with our pricing. But I can't think of any other industry or sector where the next step would be to say 'therefore it's okay for me to steal it,' Mr Meagher says.

That's pretty much what Australians are saying, and not just with Game of Thrones. Other popular television shows like Breaking Bad, The Walking Dead, Orange is the New Black and even exclusive digital content like House of Cards are all being downloaded in record numbers by Australian users.

"Australians unfortunately are the world champions when it comes to piracy. It's a serious issue, and we've been having conversations with the government about ways in which we might make the copyright act work better," Mr Meagher says.

Long way to go
There doesn't seem to be a clear answer to piracy in Australia because while we're up to date with the Lannisters, we're a long way behind the rest of the world in many ways, and the issue hinges on a number of constantly shifting factors - ISP's, content providers, global trends, delivery platforms and devices.

Internet giant Google has even thrown its opinion into the mix, with Google Australia's head of public policy Iarla Flynn saying that piracy is '...an availability and pricing problem.'

As the government talks about implementing harsher fines for people breaking copyright laws, there is some silver lining in the ever-growing cloud, in that not all Australian Game of Thrones fans are taking the illegal way out.

"We actually saw quite a significant lift in the numbers in the weeks leading up to Game of Thrones; it was quite a solid increase. We were happy with that," says Foxtel's Bruce Meagher.

Game of Thrones sets illegal download record, sparks piracy debate
Updated Wed 18 Jun 2014, 1:59pm AEST (No copyright infringment intended)
Game of Thrones' season finale was the most illegally-downloaded program in history and has raised debate over whether piracy is sometimes justified.
Adam Harvey

SARAH FERGUSON, PRESENTER: The season finale of the sex-and-swords television series 'Game of Thrones' was the most illegally downloaded program in history, already hundreds of thousands of Australians have watched the episode without paying for it.

Pay TV company Foxtel say the people who do it are thieves and they want the Federal Government to bring in new laws to make it much more difficult to download popular programs, video games and music without paying.

Australia's main consumer group says Foxtel has itself to blame and the Government has no business trying to protect Foxtel's profits.

Adam Harvey reports.

ADAM HARVEY, REPORTER: This is the final episode of the latest wildly popular season of 'Game of Thrones'. But this isn't on Foxtel, it's been illegally downloaded.

Albert is what you'd call a committed fan. He and friend Liz spent Sunday at the Supanova Pop Culture Expo.

ALBERT, GAME OF THRONES FAN: Is that meant to be a costume? We're not sure.

ADAM HARVEY: So what are you queuing up for, guys?

ALBERT: Nikolaj Coster-Waldau who plays Jamie Lannister in 'Game of Thrones'.

ADAM HARVEY: Along with thousands of other fans, they've paid $70 for a special moment with the star. Albeit a brief one.

ALBERT: Basically, you go in and it's really quick, it's about seven to ten seconds. You go in, put your hand around, say 'Hi', grab a photo, you come right out.

LIZ, GAME OF THRONES FAN: (laughs) you're hot!

ALBERT: Wow!

LIZ: Oh, my God.

ALBERT: Wow! That was...

LIZ: He's like the hottest guy I've ever seen (laughs)

ALBERT: Yep, look at this.

LIZ: Oh, my God!

ALBERT: There we go.

ADAM HARVEY: He looks almost a bit frightened of you two?

ALBERT: Yeah I think everyone is a tad bit frightened. We're all just so scared. Straight to the poolroom, as they say.

ADAM HARVEY: They may be true fans but they refuse to pay for the series.

ALBERT: $150 is not money that I can spend as a student, as someone that only does have a casual job, as someone that has to pay the rent and bills.

ADAM HARVEY: They blame Foxtel subscription prices and series maker HBO's decision to end cheaper options like buying episodes from iTunes.

BRUCE MEAGHER, FOXTEL: I can't think of any other circumstance where you would say, "I think you charge too much for this product therefore it's legitimate for me to steal it." There is a moral disconnect there which I just don't get.

ADAM HARVEY: Foxtel wants new laws that would force Internet companies, ISPs, to block illegal sites and send letters to offenders.

BRUCE MEAGHER: If you identify an individual or a household where there's an illegal downloading going on, a notice can be sent saying, "Were you aware that your account is being used for illegal downloading?" And then the evidence - international evidence seems to be that in most cases people will actually stop when they see that.

ADAM HARVEY: Fines or worse could follow. For the illegal downloaders, winter is coming.

GEORGE BRANDIS, ATTORNEY-GENERAL: I'm very concerned that the legitimate rights and interests of rights holders and content creators are being compromised.

ADAM HARVEY: Around half a million Australians will download 'Game of Thrones' illegally, mostly by sharing episodes with other uses through a process known as torrenting and while last night's episode was the most torrented program in history, 'Game of Thrones' is just a drop in the illegal ocean.

SUPANOVA ATTENDEE: Music, games, anime, yeah, everything. Anything you can torrent you just torrent it.

ADAM HARVEY: When's the last time you bought something?

SUPANOVA ATTENDEE 2: Who leaves the house these days?

SUPANOVA ATTENDEE: Yeah, I know.

ADAM HARVEY: People torrent for all sorts of reasons.

SUPANOVA ATTENDEE 3: Okay so I don't have Foxtel and that's the only way I can watch it when it first comes out because I want to watch it when it first comes out because I'm like a die-hard fan so I kind of have to.

SUPANOVA ATTENDEE 4: I think he's made enough money from the books and since he's writing two more I don't think he needs anymore money.

SUPANOVA ATTENDEE 5: Get out of my face you guy, oh.

ADAM HARVEY: Internet companies do not want to be forced to turn in their own customers.

STEVE DALBY, II-NET: ISPs are not Internet police. We don't want to be Internet police. We're not good at being Internet police and if we have to change our business model because somebody else's business model is broken, there's just - it's non-sensical to think that way.

ADAM HARVEY: Consumer group 'Choice' says Foxtel can only blame itself.

ERIN TURNER, CHOICE: Foxtel has an outdated business model. It expects people to pay for a whole range of products when they may want one, so you're getting 'Real Housewives' of every city rather than just 'Game of Thrones' which you want.

ADAM HARVEY: Internet companies say savvy users will outsmart any new rules, they can already legally bi-pass Foxtel by pretending they're US-based customers.

ERIN TURNER: What a lot of people are doing is legally purchasing a Netflix account for example. Ultimately a good solution is affordable content in Australia but until that's available we recommend it.

BRUCE MEAGHER: There are some people who will say 'well, so long as there is an option to steal, I will take that option' and we don't - we wish to discourage that sort of conduct. We want to appeal to the better natures of people.

SUPANOVA ATTENDEE 6: It really affects the industry because I know a lot of companies and businesses and all that can suffer a lot from online piracy

SUPANOVA ATTENDEE 7: Takes money way from the developers and the people who make the content and produce it.

ADAM HARVEY: Do you feel like you're stealing?

ALBERT: At times, yes, I do, but I am investing in buying the merchandise, buying the DVDs, being active as a fan. I am not just getting it and walking away.

SARAH FERGUSON: Adam Harvey reporting.

EDITOR'S NOTE (Tuesday 17 June, 2014): The introduction to this story has been amended from the original to more accurately reflect Choice's position.
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Foxtel to blame for Game of Thrones piracy, says Choice
TV and RadioDate June 18, 2014 by Rose Powell Sydney Morning Herald (no copyright infringement intended)

Foxtel's "outdated business model" is to blame for Australia's high rate of pirating Game of Thrones, according to consumer advocate and advisory group Choice.

Choice's spokesperson Erin Turner has lashed out at the pay TV service, saying they only have themselves to blame for the record rate of Australians downloading pirated versions of HBO hit show.

Ms Turner told the ABC's 730 Report Foxtel's subscription options meant consumers who wanted to access just the one show were forced to buy other programs.Advertisement
"It expects people to pay for a whole range of products when they may want one. You're getting Real Housewives of every city, rather than just Game of Thrones, which you want," Ms Turner.

Foxtel locked in an exclusive deal with HBO earlier this year. The deal meant other popular providers such as iTunes and QuickFlix wouldn't be able to offer the show until the season ended.

"There are few choices. If you want to watch Game of Thrones for example, Foxtel is the only place to go," Ms Turner said. "It also locks people into viewing content on particular devices. They're developing this. Ultimately the problem is there are few competitors to Foxtel in Australia."

The season four finale this week smashed viewing records garnering 9.3 million live watchers in the US, passing The Sopranos as HBO's most successful show.

Around half a million Australians subscribe to Foxtel's Game of Thrones offering.
But almost one in ten viewers pirated the show. According to file sharing site TorrentFreak, the season four finale will see downloads of over 7 million, with 1.5 million downloads in the first 12 hours.

Foxtel and Choice are engaged in an advocacy battle about what actions the federal government should take to address Australia's high rate of piracy.

Suggested ideas include an internet piracy filter and a possible graduated response system for citizens downloading shows from torrent sites, which could result in fines, reduced bandwidth or having their internet service cancelled.

Unsurprisingly, Foxtel is advocating for the changes.

Choice has raised over $10,000 to produce an ad campaigning against "costly policies onto consumers and ISPs that won't even address the root causes of internet piracy".

The group has been rallying against Foxtel's inflexible offering since the exclusive deal was revealed.

"Would it be so terrible if you allowed customers to watch the content they have paid for when and how they want? Or perhaps I am a spoilt and ungrateful consumer, and as an Australian, I should just watch TV at the time and on the device I am allowed to," Choice's Matt Levy wrote in a blog post in April.

Season four is now available on Google Play and Quickflix, but is yet to be published on iTunes.

Update: Choice has since claimed the ABC misrepresented their position. A spokesperson for the company told Fairfax Media the organisation never has and never will support piracy, and Ms Turner's comments should be understood as advocating for better competition.

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