Category Archives: Entertainment

Quick Review: Catfish

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Perhaps we could consider the movie Catfish a companion to the more publicized film The Social Network (reviews from Brian here, Joel Sage here): both films consider the effects that Facebook and other digital technologies have on our world. But while The Social Network was a stylized retelling of the founding of Facebook, Catfish covers the lives of more ordinary people as they use these technologies to search for love. Here are a few thoughts about this film:

1. The story revolves a guy, Nev, from New York and a girl from Michigan, Megan, who build a relationship built around a Facebook friendship, IM chats, text messages, and phone calls. Both parties are looking for love though why they are doing this ends up being the plot twist of the film.

1a. I think what makes this film work is that Nev is an appealing character. Even though he hasn’t met Megan in the early stages of the film, he falls hard and ends up giggling and swooning like a teenager. But when things turn out to be more complicated than this, he still finds a way to make sense of it all.

2. More broadly, the film presents a question that many people wonder about: can two people really build a lasting relationship through Facebook?  While this is an interesting question, research on Facebook and SNS (social networking site) use suggests most younger people are not looking to meet new people online. Rather, they are reinforcing existing relationships or reestablishing past relationships. And this film deserves some credit: whereas a film like You’ve Got Mail suggests that email and other electronic communication work the same way as traditional dating (and the typical romantic comedy happy ending), this film introduces some complications.

3. The Social Network seems to suggest that technology helps keep us apart. (A side note: this seems to be an argument from the older generation talking about younger generations. One thing I wonder about The Social Network: was it so critically acclaimed because it fed stereotypes that older people have about younger people? How much did the characters in this film resonate with the lives of younger film-goers?) In that film, Zuckerberg founds Facebook in order to join the in-crowd, is being sued by two people after arguments related to developing community-building websites,  and at the end, he is shown still searching for a connection with a girl he lost years ago. Catfish seems to make an opposite argument: despite the imperfect people who try to connect online, the film suggests there is still some value in getting to know new people. When Nev’s love becomes complicated, he doesn’t just withdraw or call it quits – he tries to move forward while still getting to know Megan.

4. This film claims to be a documentary though there is disagreement about whether this is actually the case. Regardless of whether the film captures reality or is scripted, it is engaging. (The presentation seems similar in tone to Exit Through the Gift Shop, reviewed here.) Have we reached the point in films where the line between what is real and what is written doesn’t matter? And should we care or do we just want a good story?

Overall, this film seems more hopeful about the prospects of Facebook and other digital technology. With a documentary style and an engaging storyline, Catfish helps us to think again about whether people can truly get to know each other online.

(This film was generally liked by critics: it has a 81% fresh rating, 109 fresh out of 134 total reviews, at RottenTomatoes.com.)

Fair comment

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A mea culpa note: I originally wrote this post about a week ago.  At that time, I thought that SF360 was moderating their comments and not approving mine, for reasons that I implied might have something to do with the policy position of my remarks.  I was wrong — there was an innocuous, technical reason that my comment did not post.  Thanks to SF360’s editor Susan Gerhard for helping me get my comment up, and my most sincere apologies to her and everyone at SF360.  I made a mistake, and I thank Susan for being so gracious in the way that she corrected me.

***

I made a comment recently on a SF360 article titled “What you Need to Know to License Music for Film”.  Here is the relevant bit of the article that I was addressing:

Licensing can be a complicated, frustrating process. Yet, the copyright owners have exclusive rights over the music and using the music in a film will generally not be considered a fair use. Therefore, to avoid litigation a filmmaker must acquire the necessary licenses before including any music in their film. [emphasis added]

As I wrote in my comment, this characterization of fair use is, at best, highly misleading:

George [Rush, who wrote the article] says that “the copyright owners have exclusive rights over the music and using the music in a film will generally not be considered a fair use.”  This is simply not true; there are a lot of uses of music in films — particularly documentary films — that can be considered fair use.  There is a Documentary Filmmakers’ Statement of Best Practices in Fair Use, and there are even companies that issue errors and omissions insurance based on fair use claims.

Before using any music in your film, you should definitely seek legal counsel.  But don’t assume that you *always* have to license music.  Despite the grumblings of music labels, fair use still exists.

George is right that the issues are complicated and that sometimes hiring a professional (like him) to help negotiate various music licenses is the proper way to proceed.  But that’s not always true.

Play considers what it was like to grow up in Naperville

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Since the post-World War II suburban boom, a number of writers, filmmakers, musicians, and others have considered suburban life. Mat Smart, a playwright who grew up in Naperville, has a new Steppenwolf play about growing up in that community:

Though Smart acknowledges that part of the play’s genesis stems from a trip he took to Cameroon five years ago, the issues explored come from the same place where he grew up. Smart said the brothers, whom he described as “very much suburban Chicago dudes,” have differing views of growing up in Naperville.

Samuel K., the adopted brother, enjoyed living there, while Samuel J. complains about it and says the people living there are shallow.

“That was the same discourse among some of my friends when we were growing up,” Smart said. “Some people love it and some people hate it. But you’ll probably find that anywhere in the world.”

This sounds like it could be a different view than many works that simply suggest living in the suburbs is one of life’s worst fates.

The play also contains some dialogue comparing Naperville to another Chicago suburb:

The play also includes a humorous exchange between the brothers poking fun at the underlying attitudes some Naperville residents hold toward neighboring Aurora.

Samuel K. tells his brother, “Stop dumping on Naperville. We’re lucky to be from there. We could be from a lot worse places.”

“What, like Aurora?” Samuel J. says.

“No, like Rwanda.”

This exchange hints at how suburbanites view the character of other suburbs. For some Naperville residents, Aurora would be considered beneath their community with comparisons made between schools, crime rates, housing prices, downtowns, and more. Historically, Naperville thought Hinsdale was above it as it had a wealthier population. These sorts of comparisons between suburbs are not always explicitly stated but I suspect are commonly held among suburbanites.

Dodd to head MPAA

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Despite an explicit pledge to not become a lobbyist, former U.S. Senator Christopher Dodd [Wikipedia backgrounder] announced today that he will head the Motion Picture Association of America (MPAA):

“I am truly excited about representing the interests of one of the most creative and productive industries in America, not only in Washington but around the world,” said Senator Dodd. “The major motion picture studios consistently produce and distribute the most sought after and enjoyable entertainment on earth. Protecting this great American export will be my highest priority.”

“In several important ways, taking this step represents a continuation of my work in the Senate, from advancing the interests of children and families and creating and safeguarding American jobs to the protection of intellectual property and the expansion of international trade,” said Senator Dodd. [emphasis added]

A lot of outlets are covering this story, including tech outlets (like Wired) and political papers (like The Hill).  However, I was particularly intrigued by the juxtaposition of coverage in The Atlantic and The Hollywood Reporter.  The Atlantic wondered exactly how Dodd was qualified for this new job:

It’s a little bit hard to understand how Dodd’s connections throughout Connecticut, Washington, and the banking industry will prepare him for his new role, but perhaps the entertainment industry knows a different Dodd than us financial reporters.

The Hollywood Reporter suggests at least part of the answer:

While Dodd does not have a lot of experience in Hollywood, he is known to have many friends in show business, and has supported the MPAA on key trade, piracy and other issues. He was also author of banking law last year that included a section sought by the MPAA and others to stop plans for a futures market in movies.

I would add Dodd is qualified to head the MPAA because he can deliver what everyone wants when they hire a lobbyist:  something from the government.  Frankly, the content of Dodd’s work during his years in the Senate doesn’t matter; his contacts do.

I guess it was too much to expect “[t]hat Dodd would forgo a trip through Washington’s ‘revolving door'”.  Looks like he’s going to be able to break out his “thick Rolodex” after all.

Update 3/2/2011: TechDirt picked up the story this morning.

The spin-to-truth ratio is rising

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Mike Masnick over at TechDirt pointed me over to a “study” put out by Rick Falkvinge, a member of the Pirate Party, who claims that

for every job lost (or killed) in the copyright industry due to nonenforcement of copyright, 11.8 jobs are created in electronics wholesale, electronics manufacturing, IT, or telecom industries — or even the copyright-inhibited part of the creative industries.

Masnick has at least as many problems with Falkvinge’s methodology as I do, but the content industry plays this game too.  See this example of similarly muddled reasoning over at The Copyright Alliance Blog, which attempts to connect almost 14 million illegal downloads with the 2,000 production jobs in L.A.  Are readers really supposed to think that Hollywood blockbusters are imperiled?  If so, the Alliance Blog probably shouldn’t have picked as its example a movie that’s made over $800 million worldwide.  (At the box office alone.)

I think Masnick’s analysis is spot-on:

I don’t think anyone actually believes [Falkvinge’s] numbers are accurate. But it’s using the same basic methodology, assumptions and thought processes behind the studies in the other direction. You can also, obviously, claim that Falkvinge is biased. He is. But is he more biased than the entertainment industry legacy players who do the other studies? It seems clear that the industries are likely to be more biased, since they have billions of dollars bet on keeping the old structures in place. I think both studies are probably far from accurate in all sorts of ways, but if you’re going to cite the entertainment industry’s claims based on this kind of methodology, it seems you should also have to accept these claims. [emphasis added]

Numbers can be powerful weapons.  But it helps if they actually mean something and aren’t simply empty rhetorical flourishes.

Winklevoss twins continue lawsuit against Facebook

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The key conflict in The Social Network (reviewed here and here) is the lawsuit that the Winklevoss twins bring against Facebook founder Mark Zuckerberg. This lawsuit is continuing as the Winklevosses seek a larger settlement:

If they prevail, their legal appeal would overturn the settlement, now worth in excess of $160 million because of the soaring value of the privately held company.

The Winklevosses won’t say exactly how much they would seek in their high-stakes grudge fest with the billionaire Facebook founder, but by their own calculations they argue they should have received four times the number of Facebook shares. That would make any new settlement worth more than $600 million based on a recent valuation of Facebook at more than $50 billion…

Facebook has won multiple court rulings, and legal experts say the Winklevosses are likely to lose this one too…

The controversial origins of Facebook — who actually founded it and how — have been the subject of renewed debate since Hollywood offered its dramatization of the conflicting stories from the Winklevosses, both portrayed in “The Social Network” by actor Armie Hammer, and former Zuckerberg friend and Harvard classmate Eduardo Saverin, portrayed by Andrew Garfield. In 2005, Saverin sued Facebook for diluting his stake in the company and reportedly reaped a $1.1-billion settlement.

Zuckerberg has called the film, which received eight Academy Award nominations including best picture, “fiction.” In it, his character tells the Winklevosses: “If you guys were the inventors of Facebook, you’d have invented Facebook.”

But that’s exactly what the Winklevosses said they did.

The article suggests that the Winklevosses can’t really lose here: if the courts say they shouldn’t receive more money, they still get to receive the initial settlement. We can ask how much The Social Network influenced the decision to seek more money. There were relatively few people in the media who concentrated on the veracity or one-sided nature of this story. For many who saw this Oscar-nominated film, Zuckerberg looks like a jerk.

Of course, this movie and portrayal should have little influence on the courts. And the Winklevosses say they have new evidence for the courts to consider. But I suspect the case was brought in part because of the positive portrayal of the Winkevosses in this film. If this case were in the court of public opinion (and perceptions), would the Winklevosses win?

Live event tickets and the first sale doctrine

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Daniel Indiviglio over at The Atlantic discusses the potential for eliminating all secondary markets in live event tickets:

If you have ever sold even[t] tickets through the online resale market StubHub, then you may have received an e-mail last week about the dangers of paperless tickets. It cautions that companies “like Ticketmaster” are moving to restrictive paperless ticketing systems, which could kill the secondary market for tickets….According to the Fan Freedom Project, a group speaking out against this product that StubHub links to in its email, there are essentially two kinds:

Restricted transfer (closed-loop system): Primary ticketing agencies have sole control over sales, restricting the transfer of tickets and allowing them to be resold only on their own proprietary exchanges – and with their price restrictions which are often unrelated to the market value of the ticket.

Prohibition of ticket transfer: You purchase paperless tickets with a credit card and must provide the same credit card and a photo ID at the event venue. A swipe of the credit card at the gate produces a slip confirming the location of the reserved seat. The ticket cannot be transferred, sold or given away to another consumer.

Hmm…this sounds suspiciously like book publishers’ plans to undermine libraries and software companies’ recent progress in eliminating the secondary market for software.  Doesn’t anybody want to actually own anything anymore?

Wired’s David Rowan certainly thinks renting rather than owning is the wave of the future, as I discussed in a previous post.  However, Rowan’s analysis focused on the “idling capacity” of personal assets (e.g., a lawnmower that you only use once a week) and how the Internet is helping individuals coordinate more efficient arrangements (e.g., sharing that lawnmower among a wide group of “neighbors”).  The idea here is to increase asset utilization and thus maximize the consumer surplus.  (To round off the example:  lawn mower manufacturers may be upset, but the economy is better off overall since resources are freed for more productive uses than making a ton of lawnmowers that will only be used for 2 hours per week.)

In contrast, eliminating secondary markets in tickets, books, and software only benefits the producer surplus.  It allows de facto monopolies (like Ticketmaster for live event tickets) and copyright monopolies (like those enjoyed by publishers of books and software by virtue of their rightful copyrights) to extend those monopolies over the entire market (since they no longer have to compete with resold tickets, used books, and previously owned software).  Under these circumstances, offering consumers something less than full ownership in their tickets, books, and software doesn’t benefit the economy — it simply increases monopoly, expanding inefficiency and the deadweight loss triangle.

For copyrighted works, the first sale doctrine was supposed to prevent owners from eliminating secondary markets, but that doctrine is under judicial attack.  As for tickets, it remains to be seen whether established industry players like Ticketmaster will be able to further their monopolies by choking off the secondary market.  But it doesn’t look good for consumers — or economic efficiency.

PC games

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Michael Arrington over at TechCrunch is reporting that Zynga recently removed “Wedding Chapels” from its CityVille game:

Players could previously buy “Wedding Chapels,” which looked like small country churches but without a cross or other religious symbols, to add to their city. But the virtual item has been removed and replaced with the more secular and nondescript “Wedding Hall.” With two gold ring things that somehow makes me think only of McDonalds.

No word yet from Zynga concerning their reasons for the change.  Arrington, however, thinks the company was just taking the easy way out:

I don’t know why this bothers me so much, since I’m not very religious myself. But it just seems so artificially politically correct.

As a leader in social network games, Zynga (Wikipedia backgrounder) certainly has a lot of constituents to keep happy.  But I have to agree with Arrington that this seems unnecessarily petty.

Quick Review: The King’s Speech

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The upcoming Oscars seem to be a battle between two films: The Social Network (see my earlier review here and sagescape’s here) and The King’s Speech. I just had a chance to see the second film and have some thoughts about this Best Picture contender.

1. Since this is a historical drama, I expected this film to be somewhat bland and formulaic. It was neither.

2. There is a little bit of a storyline about the gap between British royalty and the common people. In the film, this gap is between King George VI and his speech therapist, an untrained but effective practitioner. The question arises: how can someone rule a country (and empire) if either side has little idea of how the other lives? We could probably ask similar questions today about many of the people at the top of our social hierarchy.

3. The film had more humor, albeit fairly dry, than I was expecting. I don’t know that I would think of Colin Firth as a comic actor but he has some good lines spoken by a struggling character.

4. The context of the film is engaging as Europe inches toward World War II. Even if the timeline in the movie doesn’t quite match the historical record, the struggles of King George VI are heightened by the gathering storm.

5. The peak of the film is a speech by King George VI. Even though it is an important speech delivered at a key historical moment, I appreciated that the musical score and the editing was understated and intimate. Too often, I think films use music and editing as a crutch to cover up less-than-exciting climaxes. Good plots don’t need to be oversold.

6. I thought The Social Network was interesting but not great. In comparison, The King’s Speech is weightier, has better acting, and doesn’t have to rely on edgy dialogue or a current storyline. My vote for the Best Picture (between these two and the other nominees I’ve seen including True Grit, Toy Story 3, and Inception): The King’s Speech.

(Critics also like this film: RottenTomatoes.com says the film is 94% fresh with 188 positive reviews out of 199 total reviews.)

Musical innovation

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As I noted in passing a few days ago when discussing the Brittney Spears’ dispute with the Bellamy Brothers, pop songs are pretty much all alike.

The same goes for music labels’ business models.  Commenting on a recent Financial Times article, paidContent suggests that “new” music services reportedly in development by Apple and Google — allowing individuals to store music on a “hard drive in the sky” — seem to be less “innovation” than “more of the same”:

The idea sticks closely to today’s à la carte, per-track model of buying individual tracks, which itself replicates yesteryear’s model in which music was packaged up in to individual plastic units of consumer product.Growth in this method of buying digital music has basically peaked in the U.S.. Will a hard drive in the sky give it a lift? Unlikely. Some now think that illegal music consumption is so tempting that the industry should effectively mimic this “music like water” approach legally.

Of course, Rhapsody has an all-you-can-eat model, has been available in the U.S. for years, and is a bit player.  Maybe it’s time to start coming up with some actually new ideas…