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Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
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« Pharmaceutical Patent Law Boardgame, No, Seriously | Main | Patry on Termination in Copyright »

June 09, 2005

Warner Offers Carrot to DVD Viewers in China

Posted by Ernest Miller

The Los Angeles Times reports that Warner Brothers has tried something innovative to combat copyright infringement in China (Warner Gets a Jump on Film Pirates in China).

In a groundbreaking response to movie piracy, Warner Bros. Entertainment released its latest film on DVD in China the same day it debuted in U.S. theaters.

The goal for Warner is to battle rampant piracy in China by giving movie fans a legitimate alternative to bootlegs. But the boldness of Warner's action, which it took last week with no fanfare, was tempered by its choice of movie: "The Sisterhood of the Traveling Pants," a relatively low-budget film that the studio had not planned on releasing in Chinese theaters.

.... Hoping to make unauthorized copies of "Pants" less appealing outside China, Warner included no extra features on the DVD. It also added Mandarin subtitles that cannot be hidden, said Yotam Ben-Ami, an anti-piracy executive at the studio.

Yes, enforcement of copyright will always have to be part of any system of copyright. You're going to need a stick. But carrots can be even more effective sometimes.

For example, I expect that Warner will recoup more of its "losses" due to infringement from early release of the DVD then from attempting to stop the infringement in the alleys of Shanghai. They'll probably also benefit from a little good will, given that the Chinese audience won't be permitted to see the film on the big screen at all.

Now if only we could get them to try something similar here in the US. Maverick Movie Distribution, anyone?

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