In Donna Wentworth's 2004 Op-ed piece, "Dumb and Dumber: Why the Movie Industry Shouldn't Do as the Recording Industry has Done" strongly cautions Hollywood to stray away from actions taken by the music industry regarding file sharing. Wentworth points out that in 2003, movie studios profited heavily from the $41.6 billion in revenues, and enjoyed the second largest culmination of box office totals ever. Wentworth is mystified as to why the industry, and specifically the MPAA, is so worried that film piracy will destroy their business. According to her, the 6,000 lawsuits filed by the recording industry to target file sharing did little to impede illegal music downloads. The "pre-emptive strike agenda," as Wentworth calls it, will likewise be a lost cause in suppressing the prevalence of peer-to-peer file sharing, and will alienate the consumer. Wentworth goes on to reference the famous case concerning VCR use and copyright. The fact that the VCR was deemed legal in all homes allowed for Hollywood to restructure their business model, and reap the profits from VHS rentals. Wentworth also says that the digital age is no different as DVD's often make more money than their box office total. Though Wentworth makes some interesting points, I think that her statements leave a lot of statistical information to be desired. MPAA statistics show that the movie business is in fact suffering in the billions for online film piracy. This doesn't mean that the industry will go out of business in its entirety, but it does effect the output of films significantly. No doubt, the carbon copy superhero and animated films will still be green-lit, but it is the independent and more artistic films that will suffer.
This particular case involved Universal City Studios and the Sony Corporation of America, and is most often referred to as "the Betamax case." In 1976, Sony introduced their Betamax VCR, and used the machine's ability to record television as a marketing strategy. Universal City Studios countered that Betamax's technological ability to copy programming for was a direct copyright infringement. Sony argued that their consumers had the right to record various programs in the privacy of their own home. Rulings and appeals were traded back and forth until the case reached the Supreme Court in 1984 The Court eventually ruled that the company itself could not be held accountable for its creation of a new technology, even if said technology is used for specific infringements of copyright law. As long as the technology can be used for legal purposes, then the manufacturer is not at fault for any user infringements. The court's reasoning behind this ruling was that the public should not be deprived of a productive technology simply because some users choose to use the product unlawfully. This case may in fact be the most important copyright infringement case in regards to how it affects and influences the decisions made regarding piracy and, specifically, peer-to-peer file sharing. Another extremely famous case of MGM versus Grokster used the ruling of this case to argue in their defense. It provides a great point of reference for my paper, as it shows the way in which the early beginnings of piracy were dealt with on a legislative basis.

