Canadian music biz loses Net appeal
TORONTO (CP) - The music industry lost its quest Thursday to curb online file-sharing when an attempt to smoke out the identities of 29 alleged uploaders was quashed by the Federal Court of Appeal.
Despite losing the case, music makers greeted the ruling with smiles because the court offered them key guidelines for next time. The 27-page decision gives the Canadian Recording Industry Association a roadmap of how to present file-sharing evidence in future attempts to stop rampant music swapping. It also rejected the lower court's ruling on copyright law, saying the judge was premature in his statements that file-sharing is permissible.
Richard Pfohl, the music industry's lawyer, went as far as to call Thursday's decision "a complete success" even though the organization cannot proceed with lawsuits against these 29 people at this time.
"It provides us with a blueprint to proceed," he said. "We know exactly what we need to do."
For over a year CRIA has been trying to figure out who's behind pseudonyms such as Geekboy(at)KaZaA and Jordana(at)KaZaA.
The two are among 29 individuals suspected of collectively making 43,541 songs available to any web surfer for free.
Finding out the identities from Internet service providers, such as Shaw, Rogers and Bell, is a necessary step in order to launch lawsuits against people who use services like Kazaa and IMesh.
Writing on behalf of the three-judge panel, Justice Edgar Sexton said much of the evidence was hearsay posing a risk that "innocent persons might have their privacy invaded and also be named as defendant where it is not warranted."
The evidence was gathered by workers at New York-based MediaSentry and presented by the company's president who had only second-hand knowledge of how it was collected. Dating back to late 2003, it was based on screen grabs showing a list of songs placed in a shared folder.
Those representing the public's interest in the case also called the ruling a victory.
"The decision recognizes and affirms the right of privacy for individual Canadians," said Howard Knopf, a copyright lawyer with Macera and Jarzyna in Ottawa who represented the public's interest during the case.
However, Knopf cautioned that a portion of the decision "opens the door to the kind of shock and awe campaign that we've seen in the U.S." because it gives CRIA a chance to come back with better evidence.
Thursday's decision included several strong statements about the importance of protecting copyright in the online world so that music makers are not "robbed of the fruits of their efforts," suggesting CRIA should return to court when it has met all the necessary criteria.
Sexton went a step further saying that with proper evidence, musicians "have a right to have the identity revealed for the purpose of bringing action."
He tempered the statement, saying the courts will still need to make sure "privacy rights are invaded in the most minimal way."
The decision also refrained from making grand conclusions on copyright laws - specifically about the legality of downloading or uploading music via file-sharing.
At the time of the original ruling, headlines around the world called Canada a haven for pirates because courts couldn't prosecute due to outdated copyright laws.
Thursday's ruling strongly stated that the lower court should never have broached the subject of copyright infringement. At the time, Justice Konrad von Finckenstein said that uploading songs to shared folders on a home computer was permissible under law because the songs weren't actively being distributed to others.
"Conclusions . . . should not have been made in the very preliminary stage of this action," Sexton said in Thursday's written decision. "They would require a consideration of the evidence as well as the law applicable to such evidence after it has been properly adduced."
The industry interpreted the comment as vindication in its battle to thwart online cheaters.
"It makes it harder for people to say 'Canada is a piracy haven so steal whatever you want to.' It ought to be a warning sign for people on peer-to-peer services that you can, and will, be held accountable," said CRIA's Pfohl.
How soon remains to be seen as the court system is notoriously slow. As well, government legislation by the Liberals to amend copyright laws in favour of the music industry has been slowly working its way through Parliament.
This case has been closely watched by the TV, film and book publishing industries, which have also been negatively affected by the popularity of peer-to-peer sharing systems.
Grammer To Play Blue Beast in 'X-Men 3'
Fans of Kelsey Grammer are set to find him tough to recognize in his next project - he's playing a furry blue monster in the second X-Men sequel. In X-Men 3, the former Frasier star will play oversized mutant Beast, who has not yet appeared in any of the franchise's installments. While there has been a shocked reaction to Grammer's casting, producers of the movie insist he's the perfect choice for the part - because Beast is the most intelligent of all the mutants. Snatch star Vinnie Jones is also set to undergo a huge image overhaul when he plays villainous Juggernaut in the movie. His character is a 900 pound metal-clad battering ram. The sci-fi series stars Halle Berry, Ian McKellen, Famke Janssen, Hugh Jackman and Rebecca Romijn. The movie, to be directed by Matthew Vaughn, is set to debut in May next year.
That '70s "Spider-Man"?
Topher Grace is checking out of the basement and into the big time.
Coming on the heels of his last regular installment of That '70s Show, the actor has been tapped to join the cast of Spider-Man 3, Columbia Pictures announced Thursday.
Grace will join one of the biggest franchises in film, appearing alongside original Spider Man cast members Tobey Maguire, Kirsten Dunst, James Franco and recently announced addition Thomas Haden Church in the would-be blockbuster, due May 4, 2007.
Sam Raimi will return to direct the highly anticipated third installment, which starts shooting early next year.
"Topher Grace is an extraordinarily talented actor and will be perfect for the complexities of the role we are developing," Raimi said in a press release.
Of course, Raimi was mum on exactly what those "complexities" would be, leaving it up to the movie rumor sites to begin speculating on just which Marvel character Grace will essay.
Likewise, when Church was announced as Spidey's newest cinematic ne'er-do-well, Riami was equally coy, saying the Oscar-nominated Sideways star "will be a fantastic and challenging new nemesis and we all look forward to working with him."
It's widely assumed that multiple villains will appear in Spider-Man 3, and Grace is already an odds-on favorite to be one of them.
Meanwhile, Chlo Sevingy, who who has openly campaigned for a slot in the film, hasn't yet made the cut.
The actress has suggested she would make a perfect Black Cat in Spider-Man 3, but, per fan Website GoblinJournals.com, an "anonymous source" close to the film says there will be no Black Cat role in the new film; instead, the two baddies will be Sandman and Hobgoblin.
Villain issues aside, Spider-Man 3 is about the closest thing there is to a box-office lock.
Spider-Man 2 smashed records when it opened last summer, becoming the third film ever to earn more than $40 million in a single day. The film went on the gross $373 million at the U.S. box office. The original Spider-Man grossed $403 million domestically during its 2002 run. So far, the webslinger franchise has grossed more than $1.5 billion in worldwide ticket sales.
This represents Grace's biggest movie role to date. The actor, who along with Ashton Kutcher, decided to leave That '70s Show to pursue movie roles (they will both be back as guest stars in a handful episodes next season), has racked up solid cinematic credits. He most recently starred in In Good Company and the indie flick P.S., and had smaller roles in Traffic, Ocean's Eleven and Ocean's Twelve.
Meanwhile, in other big Marvel-related casting news, Kelsey Grammer has been tapped to play Beast--the super-intelligent blue behemoth, in the forthcoming X-Men 3, according to Variety.
He'll be joined by two other new X-Men recruits, Kitty Pryde, aka Shadowcat, who can pass through walls (Lost's Maggie Grace is reported to be the top candidate), and the winged Angel.
They'll square off against another evil mutant, the metal-clad giant Juggernaut, to be played by Vinnie Jones (Snatch, Lock, Stock and Two Smoking Barrels).
British director Matthew Vaughn is taking over behind the camera from Bryan Singer (who is helming the new Superman). X-Men 3 is slated to hit theaters over Memorial Day 2006.
'Star Wars' Grosses $16.5M in Midnight Run
LOS ANGELES - Moviegoers flocked to the dark side in droves, giving the final installment of George Lucas' "Star Wars" tale a record-breaking midnight run.
"Star Wars: Episode III — Revenge of the Sith" raked in an estimated $16.5 million from 2,900 midnight screenings Thursday, according to box-office tracker Exhibitor Relations.
That's double what the Oscar-winning film "The Lord of the Rings: The Return of the King" took in during its midnight showings in 2003. The third film from director Peter Jackson's trilogy rang up about $8 million domestically from 2,100 midnight shows.
"This is extremely impressive," said Paul Dergarabedian, president of Exhibitor Relations. "It just says so much about how excited people are to see this film that they lined up at midnight and just got on board and went along for the ride."
After the midnight debut, "Revenge of the Sith" widened to 3,661 theaters for daytime and evening screenings. The studio, 20th Century Fox, said box-office results for the first full day would be available Friday.
Tickets for the film went on sale last month. Soon after, legions of fans began lining up at theaters across the country, many dressed in full "Star Wars" regalia and sporting Jedi light sabers.
The final chapter in Lucas' six-film saga chronicles Anakin Skywalker's transformation from hero to villain Darth Vader. The film may be the darkest chapter in the "Star Wars" story, featuring more violence and a story line showing how a democratic government turns into a despotic regime.
"Revenge of the Sith" is the first "Star Wars" film to earn a PG-13 rating. The first five films were rated PG.
Hollywood hoping 'Sith' a force to be reckoned with
LOS ANGELES (Hollywood Reporter) - As the dark side lures Anakin Skywalker, so too are industry insiders counting on the appeal of the final "Star Wars" movie to attract lethargic moviegoers to the theaters this weekend.
After 12 weeks of down year-over-year comparisons, the box office is counting on "Star Wars: Episode III -- Revenge of the Sith" to be the film that turns 2005 into a competitive year at the movies.
"Star Wars" creator George Lucas, 20th Century Fox and movie theater owners are doing everything in their power to ensure "Sith's" success.
The film bows Thursday at 12:01 a.m. with an astronomical 9,400 prints, a number bested only by DreamWorks' "Shrek 2" and Sony's "Spider-Man 2." In 3,661 theaters, "Sith" marks the widest release of a "Star Wars" film. ("Star Wars: Episode II -- Attack of the Clones" bowed on 3,161 in 2002.)
Lucas, who usually is strict about which theaters he will allow his films to be played in, has permitted Fox to expand into drive-ins and other less state-of-the art venues.
"Lucas has allowed us to play (theaters equipped with) nondigital sound and drive-ins," said Bruce Snyder, president of distribution at Fox. "The market has changed, and we have to get out as wide as possible while the heat is on. He's been very gracious in allowing us to go out as wide as we're going."
For top exhibitor Regal Entertainment Group, that means 1,733 prints in 470 theaters, a new record for the Knoxville, Tenn.-based chain. Online ticket retailer Fandango also has bested its own records, with sales as of Tuesday three times as strong as they were for "Clones" at the same point. The ticketing site, which services 1,100 theaters nationwide, has sold 60% more tickets for "Sith" than for "The Lord of the Rings: Return of the King," the company's record-holder for best-selling movie.
"Those that are waiting for the summer, 'Star Wars' has kicked it off loud and clear," Fandango president and CEO Art Levitt said. "There is unprecedented excitement in terms of numbers and sales, and we're seeing a much broader-based audience then just the hard-core 'Star Wars' fans."
According to Fandango, the film has already has sold out its midnight showings in theaters nationwide, including New York, Chicago, Washington, Seattle, San Francisco, Boston and Los Angeles. And as demand increases, theaters are adding more showings; according to Snyder, most multiplexes are showing "Sith" in five to six theaters at a time.
So what will that mean for the weekend numbers? Industry insiders are predicting a four-day opener in the range of $125 million-$160 million -- with the potential to best some impressive numbers. The biggest Thursday opening day, according to Nielsen EDI, was $42.5 million for Warner Bros. Pictures' "The Matrix Reloaded" in May 2003, which included Wednesday night previews starting at 10 p.m. "Reloaded" also holds the distinction of being the best four-day opener, with $134.3 million. Industry insiders are predicting that "Sith" could surpass both figures.
Another record in "Sith's" sights is DreamWorks' "Shrek 2" mark for any one day: $44.8 million during the first Saturday of its May 2004 release. But with the boxoffice in the doldrums for the past three months, no one is betting on anything.
At this year's ShoWest convention, Lucas did call the final installment of his epic adventure "Titanic in Space," but the likelihood of "Sith" reaching $600 million in total domestic box office is remote, even for the likes of Darth Vader.
Star Wars Fans Happy With Last 'Episode'
NEW YORK - Jay Greene and his friends had a pact: When the sixth and final "Star Wars" movie came out — the one that brings the plot back around to George Lucas' original 1977 masterpiece — they'd be there, on opening night.
Like the legions of other fans who showed up for midnight showings of "Episode III — Revenge of the Sith," Greene, 26, was eager to see how the saga all came together.
"Regardless of knowing what's going to happen, you still get that excitement, and it's closure for you," he said early Thursday after emerging from, appropriately enough, the AMC Empire 25 Theatre in Times Square.
"What's incredible is seeing him (Anakin) finally become Darth Vader," added Ryan Smith, visiting from San Diego.
Sold-out showings of "Episode III," the final installment of the seminal science fiction series created by Lucas, drew enthusiastic crowds to theaters across the country — many dressed in full "Star Wars" regalia with Jedi light sabers at the ready.
Both Greene and Smith described the excitement in the theater "like a party on opening night and that's why we're going back in."
Similar scenes played out nationwide ahead of the opening. People waiting for days and in some cases weeks could hardly contain themselves as the clock wound down Wednesday night.
In Chicago, 31-year-old graphic designer Ben Delery said that for him "Revenge of the Sith" was the most widely anticipated of the "Star Wars" epic. He noted it finally explains what drives Jedi hero Anakin Skywalker to embrace the dark side and transform himself into Darth Vader.
Much like the cult-following that emerged with the 1977 debut of the original "Star Wars," many fans said they would be repeat viewers.
"I could understand why. I would do it myself if it wasn't so late," said Charles Smallwood, of Philadelphia, who joined his mother at the midnight showing in New York.
Renee Portee, 45, added: "It lived up to all the hype. It brought everything together."
A few hours after the movie started rolling on East Coast screens, several Web sites already claimed to offer pirated copies for downloading over the Internet.
In Los Angeles, the line stretched around the block for the midnight showing at the Vista Theater on Sunset Boulevard. A group of cloaked youngsters watched previous "Star Wars" movies on a computer as they sat on the sidewalk.
"It's one of my favorite things, like electricity, fire, medicine," said Christian Miller, 27, who makes a living canvassing door to door for politcial campaigns.
Miller, dressed as Jedi master Qui-Gon Jinn, portrayed by Liam Neeson in the film, said "It's proof that myth will have a role in human culture."
Jeff Schiffman, 25, of Burbank, moved to California three years ago for a job as a film restorer who worked on the original "Star Wars" trilogy for DVD.
Sporting a "Star Wars" tattoo, he wore a black cloak and sinister Darth Maul contact lenses for the latest film. Even his Yorkie, Zoe, had a "Star Wars" patch.
Schiffman chose the cloak, similar to that of the movie's evil emperor, because "the Dark Side is so much cooler," he said.
In Boston, the entire 16-person staff of a Web development firm planned to take Thursday off to see the film. The outing was paid for by the company — popcorn and soda included.
Seth Miller, the president and chief executive of Miller Systems Inc., said the tradition began with "The Phantom Menace" in 1999.
"It speaks to our culture. It's the benefit of not working at a giant monolithic — dare I say 'Imperial' — type company," he said, referring to the Empire in the "Star Wars" films.
Tickets for the movie went on sale last month, and many fans who couldn't bear the thought of a bad seat began camping out well in advance. "I'm a typical 'Star Wars' geek, trying to see the final episode," said Jimmy Burns, 32, who helped his Rebel Legion fan club be first into a Georgia theater on the outskirts of Atlanta.
"This is a big event for all of us," said Russ Rolle as he waited outside Edwards Big Newport, one of the largest theaters in Southern California. The 23-year-old student had been taking turns with friends since May 8 saving a spot in line to make sure they catch the first showing. His wristband identified him as No. 7 in line for one of the 1,200 seats to the sold-out 12:01 showing.
John St. Clair, of Hopatcong, N.J., recalled going to the first "Star Wars" in 1977. He saw the film five weeks after it opened, then saw it about 10 times.
"Nobody knew anything about the first movie. Word of mouth is what carried it," said St. Clair, 60.
"After the first three, you had a lot of questions of how everything came to pass, and this answered all those questions," he said.