FYI I just found this in Free Culture @ NYU's inbox... Not really sure if it's worth responding to at this point, considering Jhannet settled.<br><br><br>F<br><br><br>---------- Forwarded message ----------<br><span class="gmail_quote">
From: <b class="gmail_sendername">Free Culture @ NYU</b> <<a href="mailto:freeculturenyu@gmail.com">freeculturenyu@gmail.com</a>><br>Date: Sep 8, 2007 6:44 PM<br>Subject: Fwd: Regal Cinemas<br>To: <a href="mailto:fred.benenson@gmail.com">
fred.benenson@gmail.com</a><br><br></span>---------- Forwarded message ----------<br>From: Randy Smith <<a href="mailto:Randy.Smith@regalcinemas.com">Randy.Smith@regalcinemas.com</a>><br>Date: Aug 9, 2007 1:12 PM<br>
Subject: Regal Cinemas<br>To: <a href="mailto:freecultureNYU@gmail.com">freecultureNYU@gmail.com</a><br><br><br><br><br><br><br>To Whom It May Concern:<br><br><br><br>On July 17, 2007, an individual was witnessed illegally video
<br>recording the movie Transformers at our Ballston Commons Theatre<br>located in Arlington, Virginia. Since March of 2007, there have been<br>18 separate incidents of illegal recording and distribution of feature<br>films in the Washington
D.C. area, which reflects a very active film<br>theft ring working in the Washington D.C. area. As such, theatre<br>management have been on high alert to both monitor guest activity as<br>well as make all efforts to find and prosecute the responsible
<br>parties.<br><br><br><br>Our review of the events of July 17, 2007 establish that our<br>management handled the matter both appropriately and professionally<br>and at this time it is now up to the local authorities to handle the
<br>matter in accord with state law. Specifically, it is up to the<br>authorities of the state to determine the applicability of the law at<br>issue to the facts of the case, not Regal Management. This process<br>allows the authorities to ascertain facts and make decisions as it
<br>pertains to the propriety of the prosecution and, to the extent<br>relevant, what if any penalties are assessed. We have communicated<br>with the authorities and understand that most first time offenders are<br>not formerly prosecuted and receive a warning for their behavior. It
<br>is further our understanding that we do not have the right or<br>privilege to request any form of disposition of the matter and it is<br>entirely up to the local prosecutor to determine how to proceed. It<br>is our hope that the judicial system will evaluate the facts related
<br>to this matter and exercise its discretion to address the individual's<br>behavior in a fair and appropriate manner.<br><br><br><br>Theatre exhibition companies have been asked to assist the Motion<br>Picture Association of America in their efforts to stem the illegal
<br>recording and sales of motion pictures. It is estimated by the major<br>film studios that the Film Industry loses billions of dollars in<br>annual film revenue associated with such illegal recording activity.<br>Any one living in the New York area has likely seen street vendors
<br>offering bootleg DVD's of movies still showing in the theaters. This<br>loss of revenue affects all aspects of the motion picture industry;<br>from the studios that produce the films, the actors that star in such
<br>films, the film crews, and the companies that exhibit such films all<br>of whom work to enable us to enjoy our favorite American pastime of<br>watching movies. In addition, film distribution companies can<br>withhold product from an exhibition company that has experienced film
<br>theft from certain theatres, which places that company in a<br>competitive disadvantage by denying them the ability to show films<br>such as Transformers due to illegal downloading occurring at any<br>particular location. As such, it is imperative that the film industry
<br>and exhibition aggressively defend our property.<br><br><br><br>Both the federal government and most states, including Virginia, have<br>passed legislation making such conduct illegal. Virginia Code Ann.<br>Section 59.1-41.2
states:<br><br><br><br>A.It shall be unlawful for any person to operate an audiovisual<br>recording function of a device in a commercial theater, excluding the<br>lobby and other common areas, to record a motion picture or any
<br>portion thereof without the consent of the owner or lessee of the<br>theater. Any person who violates the provisions of this section is<br>guilty of a Class 1 misdemeanor.<br><br> B. The owner or lessee of a commercial theater where a motion picture
<br>is being exhibited, or his authorized agent or employee, who has<br>probable cause to believe that a person has made a recording in<br>violation of subsection A on the premises of the owner or lessee, may<br>detain such person for a period not to exceed one hour pending arrival
<br>of a law-enforcement officer. . . . .<br><br> * *<br> * *<br><br><br><br>D. The term "audiovisual recording function" means that component of
<br>an analog or digital photographic or video camera or other device<br>developed with the capability to record or transmit a motion picture<br>or any part thereof.<br><br><br><br>While many have commented on the fair use aspect, which pertains to
<br>federal copyright laws, it has no relationship to the Virginia state<br>law at issue.<br><br><br><br>It is our hope that this information will better explain both the<br>events in question, the law at issue and the status of this matter.
<br><br><br><br>Raymond (Randy) Smith, Jr.<br><br>Sr. V.P.<br><br>7132 Regal Lane<br><br>Knoxville, Tn. 37918<br><br>(865) 925-9529 office<br><br>(865) 925-7827 Fax<br><br><a href="mailto:Randy.Smith@Regalcinemas.com">Randy.Smith@Regalcinemas.com
</a><br><br><br><br><br><br><br><br><br><br>Raymond (Randy) Smith, Jr.<br><br>Sr. V.P., H.R. Counsel<br><br>7132 Regal Lane<br><br>Knoxville, Tn. 37918<br><br>(865) 925-9529 office<br><br>(865) 925-7827 Fax<br><br><a href="mailto:Randy.Smith@Regalcinemas.com">
Randy.Smith@Regalcinemas.com</a><br>