fallacies, lies, and video pirates

Hello. This is the first of many irregular entries I hope to contribute to this blog. I hope that vibrant discussions ensue, with all points of views being put forth and debated.  As it happens, this is a cross-post from the CIS blog.  The two main points that underlie this post are that: (1) the notion of “harm” should be central to infringement of most forms of IP, as opposed to unauthorized/unpaid gain by someone else, especially if this gain is non-commercial; (2) the idea of public interest should form the crux of the rationale for, and thus limitations upon, IP.

The Confederation of Indian Industry (CII) organized its third annual conference on counterfeiting and piracy, with support from the United States Embassy and the Quality Brands Protection Committee of China (a body comprising more than 80 multinational companies).  Last week we criticised the conference in an open letter.  This week, we examine a few of the recurring themes that came up at the conference.

Something being substandard is not the same as something being counterfeit.

This was a mistake made by many whenever they invoked ‘counterfeit’ in the sense of something that is violative of one’s patent and trademark rights.  The Indian Drugs and Cosmetics Act itself distinguishes between ‘misbranded’, ‘adulterated’, and ‘spurious’ drugs, thus recognizing that something that is made without proper authorization from rights owners isn’t necessarily of a bad quality.  Indeed, this was substantiated by an audience member, a lawyer from Dr. Reddy’s Lab.  She spoke of a mandi in Agra where they seized medicines being sold under the Dr. Reddy’s name, but produced by local manufacturers.  Upon lab testing, it turned out, much to their surprise, that the medicines were of the highest quality and were not substandard.  Similarly, many large companies including trusted FMCG companies like Hindustan Unilever and ITC are upbraided by authorities for violations of the Drugs and Cosmetics Act (for the cosmetics they produce) as well as the Prevention of Food Adulteration Act.  Thus, even legitimate businesses can produce substandard products.  Thus, a product can be unauthorized but not substandard, just as a product can be substandard but not counterfeit.

This distinction becomes very important when we talk about patents, and especially drug patents. 

Piracy and Cinema in Orissa

Two contradictory accounts of cinema halls in Orissa have been carried by the Hindu in the last week alone.
On the 14th, the Hindu carried this piece lamenting the decline of cinema halls in Orissa, blaming, mainly, piracy.

Orissa: It’s curtains for many cinema halls

BHUBANESWAR: Unable to cope up with the onslaught of television channels and video piracies, more than 65 cinema halls in Orissa have been closed down while a majority of these are on the verge of adorning new avatars.

Replying to a question, Industry Minister Biswabhusan Harichandan told the State Assembly that as many as 177 cinema halls were running while more than 25 per cent of these could not keep pace with the time.

However, Orissa Cinema Hall Owners’ Association (OCHOA) disputed the figure saying the scenario was worst than being depicted. “Not more than 120 cinema halls are running in Orissa while more than half of it have been shut down,” OCHOA president Bijendra Mohanty said.

There was a time when Ganjam district was cine goers’ paradise, but condition of cinema halls presented a depressing picture. Out of 26 cinema halls, 10 buildings were locked. The first cinema hall of the State, SSVT at Berhampur has long been closed down, though the State government’s paper show that it is running.

Similarly, Jyoti cinema hall of Berhampur, the highest seat capacity hall of the State, has now been converted into a hotel. Moreover, an apartment is coming up in Vijaya Hall complex and Vijay cinema hall has got new address of a marriage mandap in the town.

In Cuttack district, six cinema halls have been shut down.
Shopping malls

As the cinema halls are situated in prominent places, offers are flowing in thick and fast from shopping mall chains to switch over the trade.

Gone are the days when a cinema hall ticket used to be considered as a prize catch for film buffs. The crowds are gradually disappearing.

“Absence of strict laws on video piracies in the State is the single most important reason behind gradual decline of cinema hall culture. In Tamil Nadu and Andhra Pradesh, film complexes are doing very good because, as they are strict on piracies,” Mr. Mohanty pointed out.

About eight years ago, a high-level committee was formed to propose a law on video piracies. Even Orissa Film Development Corporation (OFDC) had also updated favouring enactment of law. But the government’s approach on the subject has so far been passive.

The situation has worsened to such an extent that cinema halls see a sizeable crowds only during first two or three days of release of a film. Fearing that number of viewers would come down further if prices of entry tickets were raised, cinema hall owners are sitting helplessly. As a result, they have not been able to take up renovation work for years. “It is a vicious circle. Government must take appropriate step. We are missing quality crowds,” Mr. Mohanty lamented.

Then today, there’s this piece in the Hindu on how ‘Oriya films continue to pull crowds to theatres‘ despite the ‘invasion of pirate CDs’

BERHAMPUR: Oriya films still continue to draw large crowds to ticket counters of film halls. Oriya films guarantee full houses at theatres for at least three weeks despite the invasion of pirated VCDs and DVDs, say the workers of film halls in the city.

Earlier Oriya films used to be released coinciding with the festive seasons. But now producers and distributors of Oriya films are daring to release their movies even during March, which happens to be the examination season. Oriya film ‘Mote Ta Love Hela Re’ has been released this week. And it is running packed houses and people could be seen vying with one another to get tickets at a theatre in the city where it was released.

A large chunk of the audience of Oriya films is women. Even film halls prefer to have reruns of Oriya films at their theatres before releasing a new Oriya film.

Some Oriya films draw more crowd for continuous weeks than several Hindi blockbusters. For rural audience and traditional Oriya women Oriya movies are better attraction than Hindi or English movies. Groups from villages hire vehicles to have a trip to Berhampur to watch Oriya movies.

According to an ardent cinema fan Saroj Mohapatra, Oriya films strive on rural public and lower middle class audience.

The Oriya films that are remakes of Hindi or Telugu movies draw crowd for their masala histrionics rather than good Oriya films that receive critical acclaim, said Mr Mohapatra. Recently critically acclaimed Oriya movie ‘Kathantara’ was released in the city but it could run for only a week.

So.. what exactly is going on here?