Fox fires Friedman over 'Wolverine' review
Corporate consistency? Perish the thought!
Hugh Jackman in yet another blue-tinted shot from 'Wolverine' featuring claws, his undershirt, and sideburns
According to Nikki Finke's most recent posting on the subject, Fox News columnist Roger Friedman has been fired from his position as a direct result of his review of the leaked "Wolverine" workprint. I've been able to independently verify that this is indeed the case. We've been writing about this as it's unfolded, as the workprint leaked, and then Friedman reviewed it, and as Fox condemned his actions.
I find it amazing how many people have misunderstood why this matters, or why it was reported as widely as it was by online news sites. It demonstrates a few things to me, the first of which should be obvious at this point: there is a generation that has such an ingrained sense of entitlement towards any and all intellectual property that they simply do not accept that copyright exists, or that there is every any reason to pay for any media that they choose not to pay for. And if you write anything, even if it's not aimed at them, that dares to defend the idea of anything less than rampant piracy, they will react as if you insulted their mothers. I'm used to it, and it's the scariest thing that any intellectual property creator or distributor has to deal with. You can push enforcement or punishment as much as you want, but we're dealing with a generational paradigm shift, and that's not something any amount of law enforcement can necessarily curb or stop.
And I've had many e-mails yesterday and today screaming at me about how Ain't It Cool was built on pirated materials, so how dare I call for Friedman's job? But that's sort of the point... I've been punished by Fox, both as a screenwriter (fired from a job there after criticizing Rothman) and as an online columnist (totally barred from press screenings for years now), and that's fine. That's their right. They were unhappy with actions of mine, they did what they felt they needed to as a reaction, and I've had to live with it. I may not like every action of theirs, but I can more than readily accept that they have the right to do what they've done.
[more after the jump]
This all boiled down to one key incident as far as I'm concerned. When Fox went after a theater employee because he wrote a review for AICN, and they demanded his job because of what he wrote, they set a precedent. He wasn't an employee of Fox, and he didn't break any laws in writing his review. But he did violate a trust that Fox had placed in that particular theater company, and as a result, it cost him his job. I was outraged at the time, but even that decision... I have to accept that they were doing what they felt they needed to do to protect their material.
When Friedman published his piece, he crossed an amazingly stupid line. He didn't write a piece about piracy and how easy it was. He didn't write a piece defending the film and explaining what other work had been done on it since that workprint. Instead, he just plain reviewed the unfinished movie, and then crowed about going back to get more bootlegs later. It was an astonishing column, and a blatant finger in the face of not only 20th Century Fox, but everyone who also writes about the film industry who did not indulge.
There are definitely other sites online who have written about viewing the workprint. iO9, for example, or Obsessed With Film, and they don't seem remotely worried about having downloaded or reviewed the film. The difference is that neither of those sites is owned by News Corp, the parent company whose work was stolen. And while I would expect Fox to pursue some form of action against those sites, they're in no position to fire anyone there. The most they'll do, I'm guessing, is make sure those sites aren't invited to any press events in the future. Been there. Done that.
It was Friedman who was the test case. Fox aggressively pursued the firing of Memflix, that AICN reviewer, and the only way they could demonstrate any sort of corporate consistency was to fire their own columnist for a transgression far more blatant. The fact that they did so, and within 24 hours of this becoming an issue, is actually encouraging. I don't take any pleasure in anyone being out of work in this climate, but I consider it important that this sort of punitive action has to be uniform. I'm pleasantly surprised to see that Fox actually followed through and did the only right thing in this situation.
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Los Angeles has changed since 1990, and Drew McWeeny, all-around Chauncey Gardner of movie fandom, has seen it all as an industry insider and screenwriter who wrote for 12 years as "Moriarty" for Ain't It Cool News.
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Login or create a HitFix account Login Signuplazygarfield
April 4, 2009 at 11:59PM EST Reply to CommentAltogether now.. YAYYYYY!!!!!!!!!!!!!!!!!!!!!
Roger Friedman, you %4@#!!!!
gusradio
April 5, 2009 at 12:30AM EST Reply to CommentDrew, I think your overreaching in your character assessment of the next generation’s sense of entitlement. We live in fast changing times that seem to me to be becoming more and more bleak as time passes. There is a rift between these youth and corporate America (like Fox) that was only hinted at in the past. Our global economic condition is largely blamable on unethical corporations making very evil moves in order to line the pockets of executives in the short term, while abandoning the spirit of the American dream and those who work hard toward it. An impassable canyon appears to exist between people’s dreams and the harsh realities they’re living in.
I’m imagining your situation as one where you receive plenty of free DVD’s and passes to the cinema (not to mention airfare, press packs, and sweet connections). You worked for years to gain the credentials necessary to achieve these perks, but regardless, your young audience will never take your point of view on piracy seriously from their minimum wage jobs, and the high price of movie tickets weighing their choices of films down to one or two a month. Your reading audience largely resents you looking down your nose at them, because even though they have little available cash with which to work with, they still manage to buy DVDs of all the films that actually live up to their expectations. I know pirates, I know their appetites, and they can’t consume enough. But with so many choices on the market, they have to spend their money on high-speed internet connections and preview these films before they lay down their money. Do amazing movies like The Dark Knight suffer from piracy? Perhaps a little, but it has sold wonderfully on home video and nearly broke the all time box office record, despite rampant downloading. Why? Because it’s good product.
There HAS been a generational shift, but it’s technology driven. When we were younger (I’m 31, I don’t actually now how old you are, but you sound like your in your 30’s) we didn’t have a high-speed download available for the Star Wars: Return of the Jedi workprint, but if we would have had the Internet, we would have clicked on that link fast as shit, and you know it.
The point is that the internet is here to stay, it will grow faster, and more and more people will choose to use it as their medium of entertainment consumption. These studios need to adapt their marketing, and product delivery infrastructure to match the appetites of an insatiable audience, an audience, however, that is growing ever more weary of shelling over $15 per ticket to sit in a crowded, uncomfortable movie theater full of chit-chating, farting, cell phone texting, coughing, assholes for a movie that will most likely be a let down. After blowing hundreds of dollars on Hollywood crapfest after crapfest during a rough economy, these folks do feel a sense of entitlement, but it’s somewhat earned.
Studios: Start making quality products and adjust your business plan to profit from the advancements in consumer technology. BTW, Streaming netflix in high-def is a great start!
Lenny Nero
April 5, 2009 at 12:36AM EST Reply to CommentWhere the heck are you paying $15 per ticket? Seems to me like you need to find another theater.
headgeek
April 5, 2009 at 12:39AM EST Reply to CommentDrew is actually 52.
gusradio
April 5, 2009 at 12:52AM EST Reply to CommentLenny Nero- I may be filibustering a bit on the $15 ticket price. But IMAX is about that price, and when I go to the movies, I usually take my girl, so I expect to fork over about $20, trumped up refreshment prices notwithstanding. (sneak in your skittles)
drew
April 5, 2009 at 1:03AM EST Reply to CommentGus, I can appreciate your points, but I do think that copyright law and ownership of media is something that a certain generation sneers at entirely. I've had these conversations face to face with people, and it simply doesn't mean anything to them. I probably don't get as many free DVDs as you think, and I still pay full price for dozens of them a month. I know how much it costs to go to the theater, because I do that several times a month as well, sometimes with the family, and sometimes without. And I didn't start off being handed things... when I was a teenager or in college or even when I moved to LA, I had to scrape together every available nickel for the things I wanted to see or own, and I was a laserdisc enthusiast, when titles routinely cost $129 for the high-end Criterions. None of that negates the fact that if people simply stop paying for things, it will be impossible to keep producing them. Will the model of how you pay and what and when change? Sure. It already is. But nothing's free. And that's the attitude that sort of blows my mind.
keith
April 5, 2009 at 2:02AM EST Reply to CommentGus, I produced a movie called "The Wackness." It was independently financed and produced. It was a labor of love, and took the work of hundreds of dedicated people to finish. I am not a studio. I am not a corporate conglomerate.
My film was one of the most pirated films online for 2008. It also only grossed $2m at the domestic box office.
What is the justification for people stealing my film?
I am the young generation. My generation's attitude towards piracy makes me sad, and it makes it harder for me to continue making films FOR my generation.
keith
April 5, 2009 at 2:03AM EST Reply to CommentDude, Drew... You gotta get formatted comments to work. Line breaks exist for a reason.
gusradio
April 5, 2009 at 2:24AM EST Reply to CommentThanks for your comments Drew. I think that you'll find that as those who produce media evolve their business model along with the technology, that piracy will eventually become ineffectual. Retail outlets and the physical medium will likely become an antiquity as well in the process. Piracy is at a high point at this moment, due to the technology curve racing ahead of those who are still producing and distributing films the same way they have for decades. The streaming of Netflix on Xbox 360 is a very clear indicator of things to come. When it becomes very common for people to have a subscription to a service that allows them to watch any film or Television they would like, whenever they'd like, pirating will fade away. Time and technology will find a way to correct for the problem, you'll see. Will this cause theaters to become as rare as Drive-Ins? I'm not sure, but to be honest, I'm growing weary of the opening night theater experience anyway. I just hope that those with the big money don't use hiccups like the Wolverine debacle to persuade our governments to restrict internet usage and online privacy. If they do that, everyone will look back at April 1st, 2009 as a golden age they wish they could revisit.
gusradio
April 5, 2009 at 2:52AM EST Reply to CommentKeith, I don’t have an answer that includes any sort of justification of stealing even a shitty movie produced by Fox, much less your very good indie film. I also won’t pretend to know everything about the business end of film distribution, but I would image that home video and contracts with cable networks that re-air these pictures all over the world, is as much a part of your financial planning as box office. I hope that are you faring better in those markets, because I honestly really like your movie. You’ve made a good product and I hope that you can use it as a calling card for continuing to make films. I do honestly believe that time and technology will correct the problem with piracy; it’s just very difficult not to expect people to continue this behavior in this environment of antinomy and their sense of victimless crime. When I referred to pirates’ “somewhat earned†sense of entitlement, I was channeling my frustration with negative theatre experiences, and imaging their point of view. I’m sorry you haven’t made the money you deserve while trash like Beverly Hills Chihuahua rakes it in. Also, while I have the opportunity to say so to you; congratulations on getting such a talented cast for your film. Ben Kingsley is among the finest actors ever, and your young star was incredible.
potatino
April 5, 2009 at 6:20AM EST Reply to Commentpotatino
April 5, 2009 at 6:38AM EST Reply to CommentI think Drew is kind of right about piracy being a generational thing. This seems to be a generation that grew up with piracy. free C64, amiga, playstation games and now the internet (or some variation of the previous line). The frightening thing about piracy now is that it is so damned easy. You don't need to be the smart anti-social kid to be a pirate now. Piracy is mainstream. It's easy. People who know next to nothing about computers and technology can are now downloading movies like it is no big deal. They are so used to piracy that there is a sense of entitlement. Some people think they are entitled to not pay for their media and they justify it by saying something to the effect that they are actually doing the studio a favour when they decide to obey the law and pay to see a movie (if the movie is good enough I'll pay to see it or something like that). Anyway thats some of my jumbled thoughts on the matter.
potatino
April 5, 2009 at 6:44AM EST Reply to Commenthow do creative people effectively deal with piracy?
I think releasing your movie using the something like the Creative Commons Attribution-Share Alike License for free yourself and then relying on the kindness of your user base to donate if they like it seems to me to unfortunately be the most effective and nice way to stop/deal with piracy... any other ideas?
potatino
April 5, 2009 at 6:54AM EST Reply to Commentkeith,
oh i saw the Wakness at the melbourne international film festival here last year... man that was a good film. Thank you!
VictorLaszlo
April 5, 2009 at 11:48AM EST Reply to CommentGus - you are missing the point. Yes, there is a grey area in what Drew and AICN have done in the past when they review scripts, as these are works in progress that the studio and filmmakers don't intend to be judged. I feel those reviews are premature and unfair to the creative people in the middle of it. I doubt Drew would like his work judged prematurely. That said, I think once a studio/director decides to publicly preview a movie, then they are putting their product out for public scrutiny and have to expect a public debate about the work in progress. But, in this case, this work was stolen and not intended for public consumption. By all accounts, this is an early cut. It would be like judging a half-painted painting. And, more to the point, it's outright theft. If I broke into a car dealership this morning and stole a car and then publicly admitted doing it, I think we would all expect me to be punished for it. Fox would have no legal or moral leg to stand on if they allowed someone within their family to get away with this after publicly admitting it. How then would they ever go after anyone else for stealing it. Drew is right that it's about consistency. It's also about doing what is right here. We have to be vigilant in sending a message to everyone that stealing is stealing, whether it's with a gun or with a click of a mouse. This does cost ordinary Americans their jobs. I don't buy the generational argument. Somehow society has been pretty consistent that stealing is wrong for 5,000 years. Maybe its the fault of parents who over-indulge their spoiled children. Maybe its that everyone is a little culpable so its everyone's dirty little secret. But, we have to draw a line and I'm really glad that Drew and Harry have. I might not always agree with their reviews or unquestioning taste in certain filmmakers, but they are on the right side of this debate.
Lenny Nero
April 5, 2009 at 1:00PM EST Reply to CommentAnd correct me if I'm wrong, but AICN tried its damn best to never publish a review of something downloaded. Most early reviews were either legal test screenings (done by the studios) or press screenings (pre-embargo, which as somebody points out is more of a gentleman's agreement). These are incomparable to stealing.
Stormshadow4life
April 5, 2009 at 8:58PM EST Reply to CommentFriedman was a complete ass, and even if he didn't work for fox, he deserved to be slapped.
epitone
April 6, 2009 at 2:00AM EST Reply to Comment@potatino:
Voluntary donation is fine for museums and NPR, both of which receive large government subsidies to stay afloat and neither of which would ever spend $300 million trying to entertain you for two hours.
BTsOnPoint28
April 6, 2009 at 4:34AM EST Reply to CommentObviously, there shouldn't be any debate on piracy itself. It's illegal, and rightfully so. The question I would pose is where piracy was committed and how the "act" by this man damages Fox. If Mr. Friedman actually got the "alpha version" of the movie and posted it online and then offered false or misleading statements in his review, then it is an open and shut case. Those actions would deserve being fired and also the possibility of legal action as well. From my understanding of what happened however(I have only read a couple of articles on the situation, nothing in depth), Mr. Friedman came across the file already posted online. He proceeded to download it, watch it and then write a review of it in his column that is for reviewing movies. If Fox's policy for itself and any affiliates is to not review anything that is not an official release, then piracy isn't the issue. The issue is that he violated Fox's workplace regulations and should be fired for for that reason. If Fox is trying to use this as an avenue to promote downloading content equates to piracy and is the same thing as actually stealing and suppling it for profit(actual piracy) is a farce and an improper disciplinary action taken against Mr. Friedman. Supreme Court rulings went against the RIAA & MPAA time and again when they made the same tired claims against recording content to and from casettes, VCR tapes & CD-Roms. There wasn't any controversy about friends in the dorms and workplaces of America sharing and/or trading mixtapes or VCR tapes where you could record 2/4/6 hours of movies or TV series episodes. Just because the internet and powerful computers make this process faster and more efficient doesn't change that. That is why RIAA/MPAA attack the facilitators of sharing(i.e. Napster. This is the area where I think there are some issues that need to be examined) or people who will accept a "settlement offer" because the cost of litigation is beyond their means. The only other action that would warrant a firing would be for Mr. Friedman to have promoted that file/link to file as the release version or if he misrepresented what happened in the clip so as to create a public outcry that might lead to people boycotting the movie. A possible example would be to promote the "fact" that the movie was taking liberties with and even disregarding the established history and structure of the X-Men universe as it was created in the comic book. A misrepresentation like that would likely lead to alienating the core X-Men fanbase that would potentially damage the films revenue intake and Fox's credibility to make future comic based movies. Again, this is also not a "piracy" issue. One final note that makes me feel like Fox is being disinginuous in their handling of and response to this incident in the media. Why are they having people view a preliminary "alpha version" at this time when Fox's media blitz for the May 1 release of this movie is already under way? That file has to be a much more polished "beta" release at least. It makes me think this a Fox media stunt that lets them further promote the movie and gives them a platform to decry that the non-piracy they are trying to add on to what is actually piracy is causing the ruination of their industry.(Psss, disregard the increased sales numbers and record profit of the last few years!)
whale
April 6, 2009 at 3:58PM EST Reply to CommentI completely agree that you cannot review unfinished work, and that there is a trust violation that should be punished... However, I know you don't want to hear this, and will likely never read it, but that generational paradigm shift is not going to go away. There was no such thing as intellectual property ownership for thousands of years, and only for the last few decades has it really been an issue, when people are getting rich off of them. We are in a new era now, and wishing it away isn't going to change a damned thing. Everyone has their own view of an idealized world, and that is fine, but the reality is that digital distribution has changed the world and many IP developer's lives and livelyhood. wishing wont stop it.