At stake for the MPAA -- even if not stated directly -- is the fact that DeCSS allowed users to develop competing technology.
Furthermore, the new regulations -- which, unsurprisingly, have been blessed with the MPAA's seal of approval -- also hold ISPs accountable for the P2P activity of their customers, which could be seen as an incentive for service providers to block what they consider suspicious traffic.
Therefore, people who are using the Internet legitimately need not fear a chilling effect, said Mark Litvack, vice president and legal director of anti-piracy for the MPAA. Jonathan Zittrain, also a fellow at the Berkman Center, agreed, saying that such an effect need only be feared if the MPAA tries to push the ruling too far.
As it is, the MPAA labels only a fraction of kid-rated movies with smoking.
The MPAA cannot be blamed for its "take-no-prisoners" approach, he said, as it is only acting in its self-interest.
The old guard, NCTA and the MPAA, is being represented by Michael Power -- yes, the previous Chairman of the FCC -- and Michael O'Leary, respectively.
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Since the early 1980s the major Hollywood movie studios, represented by the MPAA, have fought hard to eliminate piracy -- both in the form of bootlegging, and more recently online file sharing.
The MPAA and RIAA want to protect their own short-term interests rather than adapt to new market forces.
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Scenes of smoking have become increasingly rare in non-R-rated movies, according to the MPAA. Of the movies portraying smoking in recent years, 72% were rated R, 21% were rated PG-13, and 6% were rated PG.
"This is a disappointing decision and could create a digital television divide by slowing or eliminating access to high-quality digital programming for some consumers, " the MPAA said in a statement.
It has won the support of the politically powerful MPAA because, unlike a typical search engine, Clicker presents only full-length legal fare.
Sometimes they're startled, as when the MPAA slapped the sad, thoughtful "Blue Valentine" with an NC-17, which meant it couldn't play in many theaters, be advertised in many newspapers or probably be nominated for Oscars.
Undeterred, Hollywood is waging a courtroom assault: The MPAA sued Morpheus' and Kazaa's owners in October to halt their file-swapping.
Internet piracy and illegal downloading from peer-to-peer systems are some of the biggest piracy problems in Europe, the MPAA argues.
The MPAA has devoted years to fighting piracy in Washington, often holding private movie screenings of soon-to-be-released titles for Capitol Hill staffers at the studios' plush theater just a few blocks from the White House.
The MPAA has never revealed its guidelines for what qualifies a movie for a G, PG, PG-13, R or even the dreaded NC-17 rating, but Hollywood producers have a second sense for the tipping points between categories.
The MPAA has been involved in the dispute since last week's meeting, which was held at the Cinema-Con movie theater industry convention in Las Vegas.
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