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Protecting Your DRM Rights

A reader wrote to say:"There's an article on SiliconValley.com that talks about a new bill in Congress that will, if passed, mean that consumers can copy CDs, DVDs and other digital works for personal use, just as they now do with TV shows and audio tapes."

381 comments

  1. Finally by bucephalis · · Score: 3, Informative

    Someone, somewhere in congress finally gets it!
    btw, FP?

    1. Re:Finally by galaxy300 · · Score: 4, Interesting

      Too bad the law won't pass until Congress is in session again next year. Let's just hope that the Democrats win a majority again this year -- they've been much more sensitive to technology issues than the Republicans.

    2. Re:Finally by bucephalis · · Score: 2

      Is it OK if I hope Democrats don't win a majority this year?
      I don't think the Dems are all that much more friendly to fair use/consumer privacy.
      They may have Boucher (sp?), but they also have Hollings/"the man from disney".

    3. Re:Finally by uncoveror · · Score: 3, Interesting

      Yes! now there are two good guys! Rep. Zoe Lofgren, D-San Jose and Rep. Rick Boucher, D-Virginia. We need a lot more in Congress who will stand up for our rights, instead of selling us out to big business. Tara Grubb, if elected would be a third defender of fair use.

      --
      The Uncoveror: It's the real news.
    4. Re:Finally by grumpygrodyguy · · Score: 4, Insightful

      The poster is correct, there has been some confusion among Democrats as to what they were really doing. From the article:

      "``Lofgren's bill aims to restore what Congress thought it was doing -- preserving fair use for people who have lawful rights to use stuff,'' "

      Senators are some of the slowest people on the planet to "get" technology. It's my opinion that Democrats who've supported the DMCA in the past have been largely misinformed by the likes of the RIAA and MPAA.

      Oh, and to the original poster:
      Is it OK if I hope Democrats don't win a majority this year?

      Sure, it's ok if your trust-fund is still going strong. But for the rest of us who actually need our jobs, maybe you'll reconsider?

      --
      The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky
    5. Re:Finally by bucephalis · · Score: 1


      "``Lofgren's bill aims to restore what Congress thought it was doing -- preserving fair use for people who have lawful rights to use stuff,'' "

      That's what Hollings thought he was doing?...

      "Sure, it's ok if your trust-fund is still going strong. But for the rest of us who actually need our jobs, maybe you'll reconsider?"

      So you're saying only the rich are allowed to disagree w/the democrats?
      For the record, no trust fund, btw.

    6. Re:Finally by Slack0ff · · Score: 0

      This is a right. The fact that this has to be made into a law is stupid. We have the right to make copies for ourselves of anything we buy legitimatly and the MPAA and RIAA are challenging it and winning because of one thing. $$$ they got it and the activists dont. -Just my ranting Slack0ff

      --
      Everyday You see me is the worst day of my life -Office Space
    7. Re:Finally by Anonymous Coward · · Score: 0

      Gah, not much chance of that, as long as bush is the republican candidate. He may be a terrible president, but as long as people remember 9/11 he'll be the nation's favourite.

    8. Re:Finally by AlgUSF · · Score: 0, Flamebait

      I agree! I am not rich, I am a broke college student, making ends meet. You don't have to be rich to be a Republican, Democrat policies only make everything more expensive (cars, insurance (ambulance chasers for the most part are democrats), TAXES, etc.). I believe in free market, personal responsibility, and actually working for my money...... Therefore I am a Republican.

      --


      I want my rights back. I was actually using them when our government stole them after 9/11.
    9. Re:Finally by squarooticus · · Score: 1

      Let's make this clear:

      Socialist policies, regulation, and high taxation never net create jobs. They may shift jobs into new industries designed to manage and mitigate effects of the changes (tax lawyers and accountants, environmental lawyers, "public interest" lawyers fighting for poor peoples' rights to others' money), but they never result in more jobs.

      For more jobs, you should be voting Libertarian and opposing bigger government.

      --
      [ home ]
    10. Re:Finally by bucephalis · · Score: 1, Flamebait

      "I believe in free market, personal responsibility, and actually working for my money...... Therefore I am a Republican."

      Just a suggestion for your consideration:
      www.lp.org ...

    11. Re:Finally by the_Bionic_lemming · · Score: 3, Interesting

      Really? So Clinton was a republican? He signed it into law....

      --
      _ _ _ Go for the eyes Boo! GO FOR THE EYES!
    12. Re:Finally by the_Bionic_lemming · · Score: 1

      Dammit - I meant to say he signed DMCA into law.

      --
      _ _ _ Go for the eyes Boo! GO FOR THE EYES!
    13. Re:Finally by AlgUSF · · Score: 1

      Background: I live in Florida, and I voted for Bush (~300 vote margin of victory)


      If I voted for Brown, then we would have been that much closer to having tax and spend Gore in the White House. The pressure would be off Iraq, and Usama would be smoking Cubans with Saddam on TV.

      --


      I want my rights back. I was actually using them when our government stole them after 9/11.
    14. Re:Finally by ichimunki · · Score: 1

      "tax and spend" Gore? As opposed to President Bush, who prefers "borrow and spend"? Tweedle-dee, tweedle-dum.

      --
      I do not have a signature
    15. Re:Finally by uncleFester · · Score: 2
      Someone, somewhere in congress finally gets it!

      No, someone somewhere in Congress is displaying their utter incompetence in solving a problem. Consider:

      1. I need a 3" bolt for a task.
      2. I go to $STORE and pick up a 4" bolt.
      3. Oops, I picked up the wrong bolt.. so instead of putting this bolt back and getting the right one, I go pick up a saw to cut the bolt to 3".
      4. I go home and find out I didn't measure the hole in the first place and the bolt is too big.


      Did I actually 'get it?'
      --
      -'fester
    16. Re:Finally by Anonymous Coward · · Score: 0

      OK, I'll vote socialist and you vote libertarian. Then we'll see who has the most influence with the winner - who will be a Democrat or a Republican.

      Politics is the art of the possible.

    17. Re:Finally by jd142 · · Score: 2

      Is it OK if I hope Democrats don't win a majority this year?


      No, no it isn't ok.


      The funny thing is, that given both parties' theoretical underpinnings, an argument can be made that both parties should favor consumer rights over corporate rights.


      In a very broad sense, Republicans see themselves as a hands off, less government is better party. That means they should oppose laws restricting the rights of individuals because those laws would increase government power at the expense of individual rights. Obviously some of the positions in their party plank are at odds with this line of reasoning.


      On the other side of the spectrum, Democrats see more government as a way to help people and that people's rights flow from the government. They should be in favor of laws that enumerate consumer rights. And they should oppose laws that put corporations ahead of people. Obviously some of the positions in their party plank are at odds with this line of reasoning.


      I find it helpful when I write to my representatives in congress, with paper and pen not keyboard and pixels, to show not only why a particular bill is bad or good, but how that bill fits into the bill fits into the party's platform and philosophy, depending on what party a particular representative belongs to. So they can see 1) this isn't just a form letter and 2) how my wishes fit into their philosophy of government.

    18. Re:Finally by bucephalis · · Score: 1

      " Is it OK if I hope Democrats don't win a majority this year?

      No, no it isn't ok."

      Uhm...Could you send me a listing of the candidates it's ok for me to cast my ballot for? Or am I just required to vote for all the guys with D after thier names?

      Seriously, you state that both parties should favor individal rights (actually, you said "consumer" but I digress), but that both fall short. So why is it then required to vote for the Dems?

    19. Re:Finally by jd142 · · Score: 2

      I didn't think the smiley at the end was necessary. Guess it was. Either that or I didn't catch the implied smiley in your message. ;)

      Yeah, personally I'd like you to vote democratic. Overall, their party represents my view more than the republicans and I want the dems to be in office.

    20. Re:Finally by bucephalis · · Score: 1

      "Yeah, personally I'd like you to vote democratic. Overall, their party represents my view more than the republicans and I want the dems to be in office."

      That's rather a different statement than "No, no it isn't OK."

      You're welcome to your opinion, but if it's all the same (or even if it isn't for that matter), I'd just as soon use my own opinion. And, Overall, their (democratic) party represents my view less than the republicans. Not that that's saying much. However, I would much rather NOT have the dems in office.

      btw, I didn't think a smiley at the end was necessary either. That's why there wasn't one. (smiley follows for comparison purposes) :)

    21. Re:Finally by JohnMunsch · · Score: 1

      Too bad the law won't pass period until sufficient pressure is put on elected representatives to put the electorate they represent ahead of those who are stuffing money in their pockets.

      I wish I could say that it was only Republicans on the dole in this case but that is hardly the case. Representatives of both parties have shown that they can be bought and paid for by the RIAA and the MPAA (among others).

      --
      Sigs are for people who started using the net _after_ '86.
    22. Re:Finally by bnenning · · Score: 3, Insightful
      Let's just hope that the Democrats win a majority again this year -- they've been much more sensitive to technology issues than the Republicans.


      Very arguable. Fritz is the obvious counterexample, but aside from that the Clinton adminstration was pushing the Clipper chip and encryption controls, and supported the CDA and DMCA. I'm not in any way suggesting that Republicans are blameless; there are good guys and bad guys on both sides of the aisle on these issues.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    23. Re:Finally by looseBits · · Score: 1

      Yep, both donkeys and elephants are equally adept at screwing us. Money is green no matter which side of the aisle you're sitting on.

      --
      Lord, bless my users that they may stop being such fucking idiots!!
    24. Re:Finally by blitziod · · Score: 1

      The democrats really have done nothing to combat the DMCA, besides that they get a LOT of money and support from hollywood and to a lesser degree from the music industry. MAny republicans on the other hand are miffed at the media( for good reason) and tend to be more pro biz and pro freedom( well most freedoms)

      --
      The only way to bust a doper--is when you yourself become a smoker!
    25. Re:Finally by Sylver+Dragon · · Score: 2

      Personally, I tend towards the Republican views, though not always. I think in the end I would like to have a Republican congress with a Democrat as a president. With one minor cavet on the D-Pres. I like having a president that served in the military, I feel that it usually gives them a better perspective on how to use the military.
      But that's just my 2 cents.

      --
      Necessity is the mother of invention.
      Laziness is the father.
    26. Re:Finally by Tackhead · · Score: 2
      > I find it helpful when I write to my representatives in congress, with paper and pen not keyboard and pixels, to show not only why a particular bill is bad or good, but how that bill fits into the bill fits into the party's platform and philosophy, depending on what party a particular representative belongs to. So they can see 1) this isn't just a form letter and 2) how my wishes fit into their philosophy of government.

      That's actually a damn good point, and it's missed by just about everyone who ever writes their Congresscritters.

      The reasons a Republican would use to justify a vote against CBDTPA to his constituents are not the reasons a Democrat would use.

      Thus - when writing to a Democrat, you point out that CBDTPA serves only to strengthen the hand of Big Corporate Media Executives against the Little Guy trying to write free software to teach music to kids in Guatemala, and when writing to a Republican, you point out that CBDTPA exists only to suffocate high-tech business innovators by funneling their money into hands of the liberal Hollywood establishment.

      Remember, what you believe about CBDTPA is irrelevant. It's what you can convince your representative into believing about CBDTPA that matters.

    27. Re:Finally by phatlipmojo · · Score: 1

      Holy shit, why didn't anyone tell FDR about this amazing bit of obvious wisdom?!?! You could have saved the US from ... uh ... recovering from the Great Depression if only you hadn't been born too late. Truly, you have a dizzying intellect.

      --

      Nice things are nicer than nasty ones.
    28. Re:Finally by Anonymous Coward · · Score: 0

      Let's just hope that the Democrats win a majority again this year -- they've been much more sensitive to technology issues than the Republicans.

      Nice troll. It's too bad the reality of the situation is that it has consistently been Democrats (Hollings with the current crap, Exon with CDA, Tipper Gore with music and TV controls, Clinton with the Clipper chip, etc, etc) that have tried to use the oppressive power of government to control the actions and abridge the freedoms of the people. Nearly every oppressive piece of legislation passed in the past 20 years has been authored by a Democrat.

      The Democratic Party that believed in civil rights for the people died in the 1960s, and it is the blind obedience of spineless followers like you that allowed them to do so and still get elected. It isn't like the Republicans are that much better, but at least they aren't quite so enthusiastic about it.

      You worthless little maggot. You make me want to vomit.

    29. Re:Finally by JWW · · Score: 2

      Too bad the law won't pass until Congress is in session again next year. Let's just hope that the Democrats win a majority again this year -- they've been much more sensitive to technology issues than the Republicans.

      A Democrat majority will protect your rights no better than a Republican majority.

      Specific members of congress need to be sent packing, regardless of their party affiliation.

      Fritz has got to go and so does Berman, and they're both Democrats. But they are undoubtedly out to destroy the rights of consumers.

      Thinking one party or another will stop these bills is a terribly misguided partisan view.

      When your arguing for your digital rights don't think that cheering for the Democrats or the Republicans will help you. You're just being biased, you're not actually showing any concern for your digital rights.

    30. Re:Finally by susano_otter · · Score: 2

      I think C.S. Lewis had the right idea: that the State exists for the sole purpose of protecting and improving the life of the citizen.

      Nowadays it seems as though both parties are interested in nothing more than the perpetuation of their own rulership. The citizen is added almost as an afterthought, or as a target for marketing ("Vote for us! We'll make everything better!").

      --

      Any sufficiently well-organized community is indistinguishable from Government.

    31. Re:Finally by Anonymous Coward · · Score: 0

      Money is green no matter which side of the aisle you're sitting on.

      Unless you're Canadian, then it is all kinds of pretty colors. :)

    32. Re:Finally by jjoyce · · Score: 2

      Amen, they are ALL corporate whores when the price is right.

    33. Re:Finally by Anonymous Coward · · Score: 0

      You could have saved the US from ... uh ... recovering from the Great Depression

      An objective view of the financial data shows that FDR's centralization policies extended the Great Drepression by several years. Ultimately, it was the industrialization in preparation for WWII that allowed the US to recover; in spite of (not because) of FDR's policies.

      FDR might have been a great wartime president, but as far as economic policy goes, he was about as bad as Nixon.

    34. Re:Finally by Anonymous Coward · · Score: 0

      Do you mean personal responsability like Cheney and his Enron friends?

      Sounds like a great reason to be republican :)

    35. Re:Finally by Anonymous Coward · · Score: 0



      If Republicans win we may be burning our computers for heat.

    36. Re:Finally by Anonymous Coward · · Score: 0

      A Democrat majority will protect your rights no better than a Republican majority.
      Specific members of congress need to be sent packing, regardless of their party affiliation.


      The only lobby which can currently manage that is the Zionists. Who arn't really much interested in anything to do with the rights of US citizens.

  2. yipeeeey! by newr00tic · · Score: 0

    In tribute to this perhaps happening, I'll copy this article!! =)

    --
    A horse can't be sick, you know, even if he wants to.
  3. Because we all know what is about to happen..... by AmbientNightmare · · Score: 0, Informative

    New bills aim to protect consumers' use of digital media By Heather Fleming Phillips Mercury News Washington Bureau WASHINGTON - The battle being waged in Washington over copyright in the digital age ratchets up a notch this week as new legislation is introduced aimed at clarifying consumer rights. Rep. Zoe Lofgren, D-San Jose, plans today to introduce the ``Digital Choice and Freedom Act,'' Silicon Valley's response to a host of Hollywood-backed bills tilted in favor of copyright holders. Lofgren's bill would ensure consumers can copy CDs, DVDs and other digital works for personal use, just as they now do with TV shows and audio tapes. ``This would not authorize someone taking their digital content and sharing it with a million of their best friends,'' Lofgren said in an interview Tuesday. Instead of creating new rights for consumers, she said, her bill would ensure that ``the rights they have in the analog world, they have in digital.'' Rep. Rick Boucher, D-Va., plans to introduce similar legislation Thursday. Lawmakers are wrapping up their business for the year within weeks, and neither measure has any chance of making it through Congress by then. Rather, the bills are aimed at staking out the technology industry's position in a festering dispute that could result in congressional action next year. The bills also would amend a 1998 law, the Digital Millennium Copyright Act, that makes it a crime to circumvent technological protections built in to copyrighted works. Instead, consumers would be allowed to bypass the technology if the intent is to make a copy for personal use. The legislation will vie with Hollywood-backed proposals, filed by Sen. Ernest Hollings, D-S.C., and Rep. Howard L. Berman, D-Los Angeles, that would embed copy protection into PCs and an array of consumer devices, and allow the music and film industry to use aggressive anti-piracy technologies to thwart unauthorized downloading over the Internet. ``The laws that have passed in recent years have imbalanced the historical balance between owners of copyrighted works and users of copyrighted works,'' Boucher said in an interview Tuesday. ``The balance has been tilted dramatically in favor of owners at the expense of users.'' The film and music industries cast the debate in terms of piracy, arguing that copy protections are needed to ensure people don't download movies and music without compensation to the copyright holders. The tech industry counters that free-flowing downloads of movies, music and other digital works could drive demand for broadband Internet connections, which it hopes would in turn spur innovation and increase sales of new technologies. ``If this bill were to pass, it would render ineffective, worthless and useless any protection measure we would have in place to protect a $100 million movie,'' Jack Valenti, president of the Motion Picture Association of America, said of the Lofgren bill. ``You could download a million movies a day, and no penalty for it.'' Caught in the middle of the debate are consumers, whose ``fair use'' rights are in limbo. The courts have long upheld consumers' rights to make personal copies of songs, TV shows and other copyrighted works. But the move to digital raises the question of where to draw the line, when near-perfect copies can be easily shared over the Internet with large numbers of other users. ``Lofgren's bill aims to restore what Congress thought it was doing -- preserving fair use for people who have lawful rights to use stuff,'' said Paula Samuelson, a law professor at University of California-Berkeley's Boalt Hall School of Law. ``The Lofgren bill offers meaningful protections for a number of ordinary activities by consumers that should be lawful under copyright law but about which the law is presently ambiguous.'' Contact Heather Phillips at hphillips@krwashington.com or (202) 383-6020.

  4. Nice, but.... by stevenbee · · Score: 1, Troll

    Who is going to protect my right(I'm a recording artist) to make a living off of my work? I depend on sales of my cd's, not on the number of copies of my work in existence!

    --
    Don't read this!
    1. Re:Nice, but.... by DeltaSigma · · Score: 2

      Are you signed?

    2. Re:Nice, but.... by dimator · · Score: 2

      Do you make most of your living from CD sales, or from live performances, or merchandise sales?

      --
      python -c "x='python -c %sx=%s; print x%%(chr(34),repr(x),chr(34))%s'; print x%(chr(34),repr(x),chr(34))"
    3. Re:Nice, but.... by Anonymous Coward · · Score: 0

      You have a right to make a living in a particular fashion?

      When did that law get passed?

    4. Re:Nice, but.... by stevenbee · · Score: 2

      I'm not signed to a label, so I don't have anyone to front me money, I'm totally dependent on actual sales. But on the bright side, I don't *owe* a label zillions of $$$ : )

      --
      Don't read this!
    5. Re:Nice, but.... by SirSlud · · Score: 2

      "sales of my cd's" and "number of copies of my work in existence"

      I'm a musician too, but I'm also good at math, which means I recognize that those numbers are not mutually exclusive. Number of copies in existence, unless they are all coming from a centralized source, actually means you've sold more. So if you have a crudload of copies in existance, chances are you've sold a few; in which case, nobody needs to protect your right to make a living off of your music, cause you already are.

      --
      "Old man yells at systemd"
    6. Re:Nice, but.... by pigpen_ · · Score: 1

      If you would have read the article, you would notice that it is not granting anyone the right to share digital copies with 6 million friends. It is only granting the same fair-use rights that consumers already have with tapes and records etc.

      --
      Zambozay! My brain must've been eatin' a sandwich!
    7. Re:Nice, but.... by Anonymous Coward · · Score: 0

      No one is protecting your right to make money off your music. Not even you. This is apparent because your music sucks sweaty man-balls.

    8. Re:Nice, but.... by Digitalia · · Score: 1

      The government, as they've been doing for many, many years. Unfortunately, piracy has become entirely too common place nowadays. That doesn't mean that the rights of the consumers should be sacrificed for those of the producers. A balance must be struck, and, unfortunately, both parties will probably feel abused.

      The right to make personal copies should not be one of the rights given away in compromise. We must instead strictly define the boundary between fair use and piracy. Natch?

      --
      Pax Digitalia
    9. Re:Nice, but.... by Anonymous Coward · · Score: 0

      Sure... first off I'll wager your a troll. But what the heck, I'll bite -- I'm an AC after all.

      The strategy is pretty simple. 1) you make it explicitly legal for PERSONAL use copies then there is reasonable justification for 2) making it a stiff penalty for creating copies outside the personal use. I'm sorry I've only got one pair of ears hooked up to one auditory processor (brain), my having multiple space shifted copies of your music in no way harms reduces your bottom line. I'll wager it actually runs the other way, if I like your music and listen a lot then it may be that I'll buy your new album when it comes out. If I am tied to a particular manifestation of your music I'll listen less and probably be less interested in your career.

    10. Re:Nice, but.... by LMCBoy · · Score: 5, Insightful

      First of all, this bill is not an attempt to make so-called mp3 "sharing" legal. It merely seeks to ensure that the fair use rights consumers had for analog formats are held up for digital formats as well. i.e., it is perfectly legal for me to buy your CD, then burn a backup copy, burn another copy for my car, rip it to my hard drive, etc. However, if the DMCA or CBDTPA makes these activities impossible, then I effectively don't have those fair-use rights.

      Anyway, the line we always hear is that artists don't make a significant amount of money from CD sales anyway, compared to income from live shows. Is that not the case for you?

      Maybe you could strive to sell CDs directly at your shows, instead of making pennies per disc through your label.

      --
      Liberal (adj.): Free from bigotry; open to progress; tolerant of others.
    11. Re:Nice, but.... by catfood · · Score: 2

      And keep in mind that nothing in this new legislation makes it legal to share copies in a way that destroys the market for "originals."

      If in the future you find yourself losing CD sales, it will be because people are breaking this law, not following it.

    12. Re:Nice, but.... by grumpygrodyguy · · Score: 1

      Prove it, link your website.

      --
      The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky
    13. Re:Nice, but.... by Anonymous Coward · · Score: 0

      i also happen to be a recording artist. and i offer my music freely to anyone who wants to listen to it. but if i take time out of my personal life to give a live performance, then (and very rarely) i might ask for some sort of compensation. but mostly, i even do my shows for free, since my music is part of a community effort. anyone can make music these days with the advances in home recording software. so if you expect to be payed for your music, get out there and perform it and quit whining.

    14. Re:Nice, but.... by stevenbee · · Score: 1, Troll

      I understand the *concept* of fair use, but worry about the way it pans out in practice...

      I would hate to sell like one cd and have 2 more unpaid for copies floating around. That's like giving away 2 apples for every one you sell! Kind of a sad business model...

      Making music is a risky enough way to try to make a living without this hassle.

      And just for the record, I'm not trolling, this issue is close to my heart is all.

      --
      Don't read this!
    15. Re:Nice, but.... by El+Kevbo · · Score: 3, Insightful

      I'm sorry, but you don't have a *right* to make a living. Don't you see that is exactly what some of us are railing against: the use of laws to protect outmoded business models.

      Without the full text of the bills we can't know for certain, but it sounds as if these bills are simply meant to ensure that we retain our fair use rights with respect to digital media. Copyright law already protects you if someone makes a copy of your CD and gives it to someone else. These bills appear to be about ensuring that I can make a copy of your CD (which I legally purchased) for my own personal use, even if I have to break some sort of copy protection method to make these personal copies.

      Rep. Lofgren even spells this out rather specifically: "This would not authorize someone taking their digital content and sharing it with a million of their best friends."

      Kevin

    16. Re:Nice, but.... by Dannon · · Score: 2

      I've had to think long and hard about this issue for just that reason. Most of my favorite artists are 'locals', folks who don't get played on the radio, who don't get the mega-contracts, who often take a day job to support their 'real' job. I've often worked at a semi-monthly Coffee House that gives these artists both a venue to perform and a place to sell their recordings. I buy their recordings.

      I don't swap in MP3s any more, but even when I did, I wouldn't ever share these recordings. On the one hand, it wouldn't be fair to the artist, whom I sometimes even know personally. I had an experience listening to the artist in person that can't be shared, that can only be remembered.

      Sometimes, I'll lend a CD to a friend, and say, 'Hey, you've got to listen to this'. And, I might make MP3s as backups. Why? Well, I just remember being seriously bummed when my car's tape player ate the only copy I had of one guy's album, and it was a long, long time before he performed at the Coffee House again. (I bought a CD the second time around, because I was tired of fighting with tape players.) Is this unfair?

      I'd say, in this world, messed up as it is, it's always up to you to protect your own rights. That means your rights as a citizen, as a producer, as a consumer, as an individual. You can't count on the government to do it for you, whether you're an artist or a consumer. You can't count on the Big Guys to look out for the Little Guys, the Little Guys have to look out for themselves. Whenever there's a transaction, both the seller and the buyer must have some level of expectation that the other will 'play fair'. And, if you don't trust your customers to be fair, then you have the right to not sell the products of your talent to those who do not give it proper respect.

      --
      Good judgment comes from experience.
      Experience comes from bad judgment.
    17. Re:Nice, but.... by Anonymous Coward · · Score: 0

      correction, you do not have this intrinsic right to make money off your work, you have a right to sell your work, you also have the right for people not to take it without paying for it.

      there is a difference, people have to want it, then you have the right to collect.

      now since i already purchased your cd, you are saying i do not have the right to make a second copy for MYSELF?

      this law protects just that, as i purchased your music in the first place, i am therefore allowed to make a second copy.

    18. Re:Nice, but.... by parliboy · · Score: 3, Insightful

      That's like giving away 2 apples for every one you sell! Kind of a sad business model...

      Apples for $24.99 each. Buy one, get two free!

      I see what you mean. Noone's gonna survive giving away so many apples...

      --
      "You're never ready, just less unprepared."
    19. Re:Nice, but.... by unicron · · Score: 3, Funny

      I think you're grossly overestimating his status as a musician. I'm pretty sure his income from this career stems from the selling of 5 dollar home made cd's after his show at your friend Jimmy's Barmitzfah(sp?).

      "What's your band called? Memorex?"

      --
      Finally, math books without any of that base 6 crap in them.
    20. Re:Nice, but.... by Anonymous Coward · · Score: 0

      Exactly, people have a right to TRY to make a living doing something, but there is no guarantee of their success. Just because something was once profitable does not mean that you are guaranteed it will continue to be so in the future.

    21. Re:Nice, but.... by f97tosc · · Score: 1

      That's like giving away 2 apples for every one you sell! Kind of a sad business model...

      No, because your cost of the additional 2 copies is zero.

      And it is not like a lot of people today buy several copies of the same CD, is it?

      Tor

    22. Re:Nice, but.... by BrookHarty · · Score: 2

      Who is going to protect my right(I'm a recording artist) to make a living off of my work? I depend on sales of my cd's, not on the number of copies of my work in existence!

      You.

      The law is there to protect you, use it. Dont try to offload your responsibility on me.

    23. Re:Nice, but.... by rgmoore · · Score: 5, Insightful

      What right to make a living off your work? There never has been such a thing, and there shouldn't be. There are rights that are helpful in making a living (like copyright) but they don't give you a right to make a living. Nobody should make a law to preserve an old way of doing things just because some people might be hurt by the world changing. If you can't make money selling your CDs, you'll just have to get another job.

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

    24. Re:Nice, but.... by stevenbee · · Score: 0, Troll
      And, if you don't trust your customers to be fair, then you have the right to not sell the products of your talent to those who do not give it proper respect.

      That's it !!! I will distribute a EULA with my records! --> ; )

      --
      Don't read this!
    25. Re:Nice, but.... by N3WBI3 · · Score: 5, Interesting
      I am sorry but when it comes to my fair-use rights of media I pay for vs Your ability to survive as an artist, Its not even a contest.

      When you say that because of some people who bootleg we should all have our rights stripped away (and that is what your saying) I dismiss any problems you might have because if you dont give a damn about my rights why should I give a damn about you career?

      --
    26. Re:Nice, but.... by Anonymous Coward · · Score: 0

      Who is going to protect my right(I'm a recording artist) to make a living off of my work?

      Uh who said you had that right?

    27. Re:Nice, but.... by elmegil · · Score: 1, Redundant

      Most of the local musicians I know are more than happy to share MP3's. If someone likes one song they hear as an MP3, they're likely to go looking for more, probably on CD. CD certainly is a lot more convenient for much of the world that's not geeks who spend all their time in front of their hard drives....

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    28. Re:Nice, but.... by nitefallz · · Score: 1

      You know, there's a reason they have an Occupational Privledge tax. It's a priveldge to work and earn money, you don't have any specific right to work. Get a normal job like everyone else if you're worried about losing income.

    29. Re:Nice, but.... by RatBastard · · Score: 5, Insightful
      I understand the *concept* of fair use

      No, you don't. "Fair Use" allows me to copy my CD into MP3s and store them on mu computer so I can listen to them at my desk without toting my CD collection all over the house. It also allows me to put a copy in my portable MP3 player and listen to it while at the gym or on the bus.

      It does not allow me to make copies and give them away.

      The money from my purchase of your CD is still in your pocket. I'm not going to buy multiple copies of your CD just so I can listen to it at my desk, or at the gym or in my living room.

      --
      Boobies never hurt anyone. - Sherry Glaser.
    30. Re:Nice, but.... by pigpen_ · · Score: 1

      I think that the right of fair use outweighs concerns I might have over my music being copied and re-sold. When I was playing out every weekend in Chicago, we found it was more effective to give away CD's of a demo or sell CD's below cost to get people to come back to shows and build some word-of-mouth following. Of course this failed because our frontman was an ass, but that's another story.

      --
      Zambozay! My brain must've been eatin' a sandwich!
    31. Re:Nice, but.... by PainKilleR-CE · · Score: 1

      If the description of the bill is accurate, the only way this will change how much money you get is if people are currently buying multiple copies of your CDs rather than recording copies for their personal use.

      My suggestion is that if you believe people *should* buy multiple copies of your CDs for themselves, you need to get your head examined. Sure, it'd be nice if people *wanted* to do that, but there's no reason for them to do so.

      --
      -PainKilleR-[CE]
    32. Re:Nice, but.... by SquadBoy · · Score: 2, Informative

      You *don't* understand the concept of fair use. Fair use is that I don't want to have to cary it from my house to my car and then to the office everyday I make two copies leave on in the car, one at work, and the original at home. It is already illegal for me to make a copy and give it to a friend. The point being we do not need new laws we simply need to enforce the already existing laws. And people have been copying music for a *very* long time and yet people manage to make a lot of money at it. I think if you are depending on selling cds you don't understand the business model. Selling copies of the music has always been bad for the people making the music. They make most of their money off of live shows. Selling music is just a way to get people to shows.

      --

      Cypherpunks: Civil Liberty Through Complex Mathematics. Those who live by the sword die by the arrow.
    33. Re:Nice, but.... by Anonymous Coward · · Score: 0

      What has caused you to believe that you _have_ any such right?

      I'd like to assert that I have a right to be paid a living wage for just sitting around thinking about girls -- and I'm really, really good at thinking about girls. Does that mean society ought to be structured so that I'm paid for that?

    34. Re:Nice, but.... by docwhat · · Score: 4, Insightful

      True; but if someone buys a cd, hands some MP3s to some friends and they like your CD, then go and buy it, then you'd have multiple sales where with "sooper-dooper DRM" you'd probably only have the initial one.

      Remember to look at all the costs and benefits. You don't have radio (most likely, since you said you didn't have a lable) to promote you. No MTV either. So word of mouth is it.

      I would suggest that you try the following:
      * Make your CDs a have very high quality "value added" cd booklets and such. You know, like vinyl records used to do. I find music much more enjoyable when you know the why and wherefores.
      * Put up crappy (but reasonable) 64k mp3/oggs on your web site, or on a data track on your CD. Say it's free for sharing. Make sure the ID3 info is correct and have a URL for buying the CD. Include descriptions and photos of the CD (all those extras, you know).

      You watch, you'll get people who:
      * Like one song, they keep the crappy mp3 and are happy. Maybe someone else will hear it and be interested. These correspond to radio listeners and radio recorder people.
      * Like a lot, and buy the CD
      * Wanna have the CD, 'cause it's cool.

      Remember, you aren't selling CDs, your selling *yourself*.

      I realize, of course, that you may live off of this money, but I **really** want to see what happens when you try the above.

      BTW: You forgot a link to where we could hear some of your music and learn more about you.

      Ciao!

      --
      The Doctor What (KF6VNC)
    35. Re:Nice, but.... by Sloppy · · Score: 2

      Didn't Copyright Law, as it existed from the 1700s through 1997, already address that?

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    36. Re:Nice, but.... by SpeedBump0619 · · Score: 1

      Ok, I agree that your rights can be violated. Why are we violating *my* rights to preserve yours? There is *already* a mechanism for establishing reparations when your rights are violated. That's the the whole point of the courts. Instead of persecuting the 99% of us who are not violating your rights chase the 1% who are. This is the whole *point* of copyright law. To establish what is and isn't legal, *not* to prevent those illegal activities.

      Find a fucking hammer, stop using my forehead to hammer your nails.

      -SpeedBump

    37. Re:Nice, but.... by T.E.D. · · Score: 3, Insightful
      Who is going to protect my right(I'm a recording artist) to make a living off of my work? I depend on sales of my cd's, not on the number of copies of my work in existence!


      What "right" are you referring to? The constitution certainly gives you no such right. Congress may, at its discretion, provide temporary copying monopolies when it judges that this will have the effect of promoting science or "useful arts". But there is absolutely no basis for claiming that you have some kind of "right" to this consideration.

      For that matter, what "my work" are you referring to? If its the creative effort you are talking about, I can certianly respect that. But if its the result, then it was never "yours" to begin with. In this country, no one owns an idea, and that includes a song and/or its lyrics. You may be granted the exclusive copying concession ("copyright") temporarily, but that's it.

      As for your inability to support yourself without the monopoly copying concession, loads of musicians are doing that today. Additionally, tremendous amounts of music (and many would say the best ever) was created before copyright was ever even thought of. Back then there were entire >100 piece orchestras to be paid too, and yet, they managed to eat and create. So I really fail to see how your lack of business acumen is my problem.
    38. Re:Nice, but.... by Anonymous Coward · · Score: 0

      You'd hate to sell 1 CD and have 2 more unpaid copies floating around? I'd hate to buy one copy for my car, another for my home, and another for my office, just so I can listen to the music without carting a CD everywhere. If I have to cart it around, I'm *more* tempted to glom an illegal copy than if I am allowed to make fair-use copies of my purchased CD. IOW, if you make it too difficult for me to enjoy your music everywhere, I see no reason to reward you with purchasing it.

    39. Re:Nice, but.... by scotch · · Score: 2
      There are rights that are helpful in making a living (like copyright) ....

      Copyright isn't a right - it's a set of laws that restrict the right to freedom of speech (right or wrong).

      --
      XML causes global warming.
    40. Re:Nice, but.... by cpt+kangarooski · · Score: 2

      You don't have that right.

      Copyright is clearly set up to favor the public, not artists. The Constitution says so. The courts have consistantly said so. Until fairly recently, even Congress was willing to go on-record as saying so.

      It's only whiney artists like you, and corporate monstrosities that think otherwise. And you're giving public-minded artists like me a bad rep.

      Incidentally, you said: "I would hate to sell like one cd and have 2 more unpaid for copies floating around. That's like giving away 2 apples for every one you sell! Kind of a sad business model..." But you are too late. Under the AHRA it is already ENTIRELY legal for people to noncommercially copy music via analog formats and share it thuswise.

      I.e. I can buy a CD of yours and make as many tapes for as many people as I want and you can't do anything about it.

      This isn't fair use, actually, it's a statutory exception. Fair use would NEVER support something like that. But nevertheless, it is the law.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    41. Re:Nice, but.... by Anonymous Coward · · Score: 0

      It's spelled 'Bar Mitzvah.' N.B. that there is also such a thing as a 'Bat Mitzvah,' the difference basically hinging on gender.

    42. Re:Nice, but.... by Anonymous Coward · · Score: 0

      Stevenbee,

      I am going to call you out on this one. You are the worst salesperson ever or a liar. You have no link in your post, no link in your journal, no mention of what name you play under, and no mention of when and where you are playing next.

      Not wanting to assume deception on your part, I will offer some advice. Get a web site and put up some mp3s. Play live. Play live. Play live. Remember, there is an inherent contradiction in selling art, get over it.

    43. Re:Nice, but.... by Anonymous Coward · · Score: 0

      First, what in the CURRENT copyright laws and related laws is inadequate?

      The DMCA protects you. The statuatory licensing for online streaming protects you. More or less classic copyright laws protects you. ALL P2P "piracy" is covered fully under these laws, except the RIAA does not want to prosecute using standard police powers and searches via warrant.

      iow, what ELSE do you want? If you're going to be an ass and say you want a guaranteed income, don't spin it that it's because you are an artist.

      Second, I am NOT responsible if you are an idiot and release your digital work in an insecure format. That's your fault, not mine. Hell, even the book manufacturers, the other white meat, I mean copyright industry, have figured this out.

      Third, what about MY RIGHT to make a living off of copyrighted works that do not take away from the commercial value or marketability of the original form or creative value of the original or directly derived works? During the internet boom, there were dozens. Even now, there are several, which have absolutely NOTHING to do with the creative value of the original, yet current copyright law considers such actions "infringement."

    44. Re:Nice, but.... by Billly+Gates · · Score: 3, Insightful

      Selling and uploading bootlegged cd's are still illegal and morally wrong. I am one of the few slashdotters who do not pirate based on principal. If we demand fair use rights and upload mp3's to the internet, then we give the RIAA a good arguement to stop fair use. After all only thieves would want this right?

      I also support copyright protection for free software via the gpl and would be pissed if someone did not follow it. We all need to stop pirating software and music so hollywood no longer has a good argument. This is why I use free software. If I can't afford it then I use an alternative like free software.

      Anyway I consider my computer mine and not Microsoft's, not the RIAA's, or the governments. I put alot of money towards my computers over the years and I would like to do what I please. As long as it doesn't hurt anyone else I am happy. Perhaps the answer would be to use some manditory filtering of some of the internet routers under an IT consorturium and not the riaa to help protect mp3 uploading mandating by the government. I know this might sound unpopular but perhaps we could all agree on a place for legal mp3's and the RIAA could check to make sure none of the files are illegal. I think it would be very bad to have the riaa as the policman but I would not mind a bi-partison government/IT corporate consorturium to oversee this. This madness needs to stop. This is the only comprimise I see that would satisfy both parties and not be the craziness of what the RIAA hopes by banning analog speakers and mics, to the other extreme of the wild west days of napster.

      In the meantime buring mp3's would still be perfectly legal under this system and drm would not be needed. You just couldn't upload them. By the way I think drm in personal computers is very bad and would kill the internet more then just banning some ports. I would prefer to see some filtering in the net after a judge finds a particular file swapping service illegal rather then to have my output jacks banned and have my mic only record in encrypted data. We all should have the right to use your pc's as a recording studio if we please.

    45. Re:Nice, but.... by aengblom · · Score: 2

      Copyright isn't a right - it's a set of laws that restrict the right to freedom of speech (right or wrong).

      YOu confuse freedom of speech with getting my speech for free. Tell me how copyright infringes against what YOU CAN SAY. Then we can talk.

      --


      So close and yet so far from the world's perfect ID number
    46. Re:Nice, but.... by Shagg · · Score: 2

      I would hate to sell like one cd and have 2 more unpaid for copies floating around.

      If by "floating around" you mean that the original consumer keeps them for themselves, then I don't see how this hurts you. Are you saying that if I want to have one of your CDs at home, but also be able to listen to it in my car I should have to pay you twice for the same music?

      If by "floating around" you mean that the original consumer gives the copies to other people, who are not compensating you for your music, then this has nothing to do with "fair use" and is a copyright violation. That is something that is still illegal, and there is nothing in any of these bills that would change that.

      --
      Unix is user friendly, it's just selective about who its friends are.
    47. Re:Nice, but.... by Anonymous Coward · · Score: 0

      No, music wasn't added until 1831.

    48. Re:Nice, but.... by bnenning · · Score: 2
      Who is going to protect my right(I'm a recording artist) to make a living off of my work?


      You have no such right. You have the right to try to make a living, but no right to succeed. And you certainly do not have the right to cripple all computing devices because they could potentially be used in ways that might affect your sales.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    49. Re:Nice, but.... by Anonymous Coward · · Score: 0

      *LOL* that's great :)

    50. Re:Nice, but.... by bpb213 · · Score: 1

      Of course, this doesnt work for movies. (dont think im a supporter of the AA's when i say this)

      In their current FUBARed buisines model, they cant just sell DVDs right when you come out of the theater, because then you wouldnt go back and see it a second time.

      Another point - there are a lot of artists out there. but motion pictures rake in a SHITLOAD more then a briteny sphears cd, so the people who make movies are more then compensated for their time and investment.

      --

      This .sig looking for creative and witty saying.
    51. Re:Nice, but.... by Anonymous Coward · · Score: 0

      Who protects your rights now? Certainly not the RIAA. I doubt that you would get ripped of as much by fans as you have been by the recording studios.

    52. Re:Nice, but.... by Just+Another+Perl+Ha · · Score: 1
      That's like giving away 2 apples for every one you sell! Kind of a sad business model...

      Hmmm.... what if I buy an apple from you and then plant the seeds in the ground in order to grow my own apple tree? Following your logic, I would be steeling from you since I'm acquiring additional apples from your work without purchasing them from you.

      Of course... if these were Monsanto apples, then the seeds would be worthless anyway... :-)

    53. Re:Nice, but.... by scotch · · Score: 2
      It's really a sad commentary on the entrencment that intellectual property has in the American Psyche that I have to explain this simple fact:

      1. Person A copyrights a string of words
      2. Person B is restricted in using that string of words in time, manner, and place.

      QED. Copyright abridges freedom of speech. I'm not arguing that Copyright or intellectual property are worthless, but that people should realize what it really is: a limited time government granted partial monopoly on thoughts, ideas, words, strings of bits, music, numbers, whaterver. IOW, restrictions on what people can say, write, play, etc.

      If i were going to enumerate my concept of fundamental rights from most important to least important, life, liberty, freedom of speech, self-determination, etc. would be way up at the top. Copyright wouldn't even show up on the list.

      --
      XML causes global warming.
    54. Re:Nice, but.... by Wolfstar · · Score: 2

      I would hate to sell like one cd and have 2 more unpaid for copies floating around. That's like giving away 2 apples for every one you sell! Kind of a sad business model...

      Allow me to point out a few situations of reality for you here, because you're obviously living off in RIAA-Land.

      First and foremost, CD sales were at a peak at exactly the same time that Napster was. RIAA killed Napster, and raised (artificially, at that) CD Prices at the same time. Suddenly, CD sales went through the floor. RIAA howled and screamed and pointed at their sales figures as "proof" that Napster was harmful. Riiiight...

      Second, your assumption that, if you sell an apple, and because of that apple being turned into three apples magically and the other two given away, that you have lost two sales, is utter garbage. Why? Simple.

      Odds are, the folks with those two magically duplicated apples most likely wouldn't have bought your album anyhow. One of them is a 14-year-old kid who gets beaten up by the school bully every day and rarely manages to hang on to enough cash to buy lunch. The other is someone who has only a passing interest in the genre, and so "steals" a copy of the apple to check it out. You didn't lose a sale, you've made a pair of sales for future albums if those two like it and someday can afford to get something.

      It is *not* a sad business model, it's a pretty damned good one. It creates word of mouth advertising. "Man, SteveBee's Apple Stand has great apples, and he'll even give you a couple for free! Go check 'em out!"

      There is nothing on this planet better for advertising than having folks get told by those they trust how good your product is. Eric Flint and virtually every other Baen Books author understands that. Check out The Baen Free Library and read the Prime Palavers some time. Their sales have increased from free books online, why wouldn't your sales increase from free music online?

      --
      You thought that this sig was what you think that I thought you wanted me to think. I think.
    55. Re:Nice, but.... by gfxguy · · Score: 1

      That's still not true - if you have original thoughts and ideas you are still free to express them regardless of what wording you choose. Are you going to argue that you, independently, thought up "singing in the rain", and now the government is supressing you because you can't sing it without license?

      Fair use gives you the opportunity to use someone elses content in a limited matter, anyway - that's part of the balance.

      I'm also not going to argue that copyright is perfect, but calling it infringing on freedom of speech is really stretching it.

      Maybe you can give me an example.

      --
      Stupid sexy Flanders.
    56. Re:Nice, but.... by Sylver+Dragon · · Score: 2

      I would hate to sell like one cd and have 2 more unpaid for copies floating around. That's like giving away 2 apples for every one you sell! Kind of a sad business model..

      I take it you've never heard of a loss leader? Moreover, that the best type of advertising you can get is word of mouth. Sure, people are going to pirate your CD, thats a risk of doing business. But, if you can generate enough interest in your band you are likely to sell more copies of your next CD, and also to get more people to come to live shows, and more places looking to book you for a live show.
      While I will not advocate piracy as a good thing, it is wrong, sometimes you have to learn to let it go and use it to turn a profit later. Look at Microsoft, while they would never openly admit it, they allowed 95 and 98 to be pirated for years, just to innundate the market. Your pirated CDs may work in that way for you, if they help generate interest in your music, that otherwise would not have existed, it can drive future profits. Keep in mind, that someone listening to a pirate copy of your CD might not have ever heard of you, if they had not pirated the CD. Again, this does not justify piracy, but it does go to show that whining about it only makes you look short-sighted and greedy.

      --
      Necessity is the mother of invention.
      Laziness is the father.
    57. Re:Nice, but.... by Anonymous Coward · · Score: 0

      Freedom of speech includes the right to repeat speech. That's why it takes Article I, Section 8 and a careful balancing act with the First Amendment to grant temporary exclusive rights to ideas and expressions that "cannot, in nature, be the subject of property."

      To address your broader point, the logical conclusion of a world where every work, every phrase, every word is "owned" (and cannot be reused without hard-to-get permission) would be the Tower of Babel. Everyone builds on what has gone before. If you think that you do not, you are deluding yourself. Just ask yourself where you would be without the English language.

    58. Re:Nice, but.... by KillboyPHD · · Score: 1

      "What's your band called? Memorex?"

      No, "Great Quality".

      --
      Bah weep granah, weep ninny bong!
    59. Re:Nice, but.... by Anonymous Coward · · Score: 0

      You watch, you'll get people who:
      * Like one song, they keep the crappy mp3 and are happy. Maybe someone else will hear it and be interested. These correspond to radio listeners and radio recorder people.
      * Like a lot, and buy the CD
      * Wanna have the CD, 'cause it's cool.

      * Buy the CD, rip it on high quality, leave the MP3s in their MP3 collection where they get shared next time they use Gnutella

      And therefore, you get people who...

      * Download the higher quality version from Gnutella and never think about buying a CD

      And the model falls apart. :) The key, as always, is stopping the CD-ripping people from sharing their stuff... which is where the legislation comes in....

    60. Re:Nice, but.... by scotch · · Score: 2
      if you have original thoughts and ideas you are still free to express them ....

      You just gave yourself an example - you seem to think that "freedom of speech" == "freedom of original speech".

      Do you realize that "original" is not part of the 1st ammendment? IMHO, the strictest interpretation of what "freedom of speech" means: the government can't restrict what you say or how or where you say it, and furthermore "say" can be replace with write, show, play, etc for all expressive mediums.

      The government does restrict this concept, of course, in many cases, some of them justified. One of the largest restrictions is copyright. If you copyright something today, I will never in my lifetime have complete unrestricted use of those words (or whatever is copyrighted), unless I live to well over 130.

      Your example: singing in the rain. Is it impossible to sing it in some contexts? yes. Freedome of speech restricted.

      Again, I'm not trying to completly damn copyright with this argument, but people should realize what it is: copyright is a restriction on speech justified by another section of the US constitution. Only from that common knowledge can you reasonable discuss proper terms/lengths/etc for copyright and other IP

      --
      XML causes global warming.
    61. Re:Nice, but.... by Anonymous Coward · · Score: 0
      Are you going to argue that you, independently, thought up "singing in the rain", and now the government is supressing you because you can't sing it without license?
      The public inherently has the right to use any published work. The public is not required to have "independently thought up" the works as a precondition of its freedom of speech.

      The Government can grant exclusive rights, for limited Times, but this is not because authors are entitled to any sort of natural property rights in works.

      Copyright is a restraint on free speech, and as such, survives the First Amendment only because of an analysis that goes like "encouraging the production of a wider range of works for the public (more types of speech) outweighs the damage done by certain restrictions on repeating existing types of speech."

    62. Re:Nice, but.... by kimgh · · Score: 2, Insightful
      Exactly! Paraphrasing Tim O'Reilly (at the Mac OS X Conference):

      "Obscurity is a much worse problem (for an artist or author) than piracy."

    63. Re:Nice, but.... by geekee · · Score: 1

      Why would anyone buy his CD if they already have it on mp3? Maybe now they will because their computer isn't hooked up to their stereo system, but in the future there will be no motivation to buy cds if you have all the tracks on mp3.

      --
      Vote for Pedro
    64. Re:Nice, but.... by shut_up_man · · Score: 1

      I agree with everything you said, except about the 64k mp3s.

      If you don't offer decent (128k is the standard, but maybe higher) quality mp3s on your site, people will make their own and share them. If they share them, they aren't coming to your site for those files anymore, which means they aren't exposed to YOU anymore, and they don't see your tour dates, merchandise and (of course) your online CD purchasing page.

      128k mp3s are nowhere near CD-quality anyway.

    65. Re:Nice, but.... by rgmoore · · Score: 2
      Additionally, tremendous amounts of music (and many would say the best ever) was created before copyright was ever even thought of. Back then there were entire >100 piece orchestras to be paid too, and yet, they managed to eat and create.

      In fairness, though, those pre-copyright days were also pre-recording, so the large orchestras didn't have to compete with CD sales for an audience. Perhaps more relevant is that there are large orchestras today that can support themselves by performing music that is out of copyright, like Bach, Mozart, Bethoven, Wagner, etc. They don't necessarily make as much money as orchestras that sell copyrighted recordings, but it is possible to make money as a musician without copyright.

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

    66. Re:Nice, but.... by Anonymous Coward · · Score: 0

      Bah weep granah, weep ninny bong!

      Nothing's gonna stand in our way.
      Nothing's gonna stand in our way
      Not tonight.

    67. Re:Nice, but.... by CommieOverlord · · Score: 1

      Movies make more money?

      What's the average theatre take for a big budget movie? Let's say around $100M. And let's say the movie production costs are around $60M. That's a $40M net.

      A "big name" CD (eg Spears) sells something in the order of several million (>10M for the last I think). Let's say 5M on average. With an average price of $15, thats $75M. Productions costs are miniscule compared to movies. Say $2Mill for studio/recording, $10M to the artist (big name right?), + marketing. Still an extremely high profit.

      Movies may well make more than CDs, but it could also be the reverse. There are probably X number of additional non-production expenses, ie marketing to take into account, distribution costs of CDs is probably more, etc.

      Anyway, what is the basis for your claim?

    68. Re:Nice, but.... by msfodder · · Score: 1

      Isn't it sad that we are expected to buy a product, which IMO, has historically had the connotation of "owning this particular copy of what I purchased." and yet we are expected to be stupid enough to let the producers of the product, tell us after our money is spent how we can use our property? Our corporatized and patent glutted economy can not survive on it's fat dog eat fat dog methodology so it must screw the consumers, not once, but as many times as possible and in as many ways, to guarantee a marginal profit. In the mean time a politically active corporate lobby gains the attention of our government and pushes through laws that guarantees their dysfuctional and inefficient models survival without oversight or expert moderation and influence of any sort. This is the kind of crooked corporate presence in politics that got the english into so much trouble with the colonists if you look back far enough. As a matter of fact there are a lot of interesting parallels in our current situation and the situation vis-a-vis the revolutionary era.

      --
      ..Free Live Free...
    69. Re:Nice, but.... by gfxguy · · Score: 1

      OK...

      But I'd rather think that singing "singing in the rain" is perfectly legal, even if it's a copyrighted work, unless you are doing it for non-personal use (commercial use). So you're saying that restricting you from using someone elses work for commercial gain is a restriction of free speech.

      I can accept that opinion. I don't agree with it, based on intent of the constitution, not the exact wording, but I will admit the exact wording could make your case.

      But I'm not quite convinced, because you're just repeating a message that's already been spoken. The government is not censoring the speech, it's merely saying that the message can only be spoken by someone else - the someone that originally made the message to begin with, unless that person has given you the license to also say it.

      In other words, they're not censoring the content - they are not censoring the message.

      So if the goverment said that "singing in the rain" was subversive, and no one was allowed to sing it, I think that's a violation of free speech. But that's not what's happening, and that's why you are unable to provide a concrete example - an actual case of law, where someone has used your interpretation of free speech in order to "get around" copyright law.

      The ammendment states "Congress shall make no law [...]; or abridging the freedom of speech..."

      It doesn't say anything about an individual's right to say anything, anywhere. The "speech" we are talking about simply must be made by someone else - the holder of the copyright.

      I personally don't see the conflict.

      --
      Stupid sexy Flanders.
    70. Re:Nice, but.... by Sloppy · · Score: 1

      Heh, thanks for the correction. ;-) Well, if it wasn't until 1831, then I guess I can understand someone's concerns that their music isn't being protected. Perhaps they just haven't been keeping abreast of such recent events.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    71. Re:Nice, but.... by Anonymous Coward · · Score: 0
      While I agree 100% with what you just said, the little smart-ass in my head fired off this retort:

      Tell it to the U.S. Postal Service...

    72. Re:Nice, but.... by scotch · · Score: 2
      So if a message has been spoken once, the government can restrict you from saying it again? That's a pretty bizarre stance in general. But even if it were fine in general, you're still agreeing with me that it is a restriction. A restriction is another word for abridgement, I think.

      What if the government said, "you can't disagree with our policies in public unless you wear a t-shirt with the words 'hippie communist' on it". By your logic, since the government is letting the message out, this restiction doesn't violate the principle of "freedom of speech". However, the courts have constantly found that restrictions like these do go against the first ammendment, but they may or may not be justified in light of other considerations (safety, other pieces of the constitution, privacy, etc).

      Suppose there was a peace rally and someone yelled "no war in iraq". Could the government then restrict other people saying that since the message is already out?

      I'm just trying to illustrate that any restriction (justified or not) can be a real and possibly significant restriction. Don't be fooled that just because we've had 200 years of ever increasing copyright protection that it makes the concept of copyright or other IP some how a fundamental right of existence.

      Don't think that I am overlooking the fact that the concept of free speech can be tempered by other concerns. HAND

      --
      XML causes global warming.
    73. Re:Nice, but.... by gfxguy · · Score: 1

      I don't think copyright is a fundamental right, but in your example speech has not been abridged.

      If someone else copyrighted the slogan "no war in Iraq" (which is, of course, not possible), then they, not the government, might challenge you. The government *might* then step in on this other person's request and challenge you by law. However, the speech "no war in Iraq" has not been abridged. The government is not placing restrictions on it having been said.

      I think it's a fine line, and there is certainly a restriction being placed on your freedom to say whatever you want, whenever you want to - but that doesn't mean it violates the first amendment.

      I'm not saying everything's OK, and everything is fair and right, I'm saying I don't see that it's a violation of your first amendment right to free speech. The other amendments make it quite clear when they are referring to an individual (by mentioning "owner" or "a persons right"), but the first amendment only specifies an individual when referring to the right to peaceably assemble, and that comes after the part about free speech (and free press).

      Again, what I'm saying is the speech is not abridged, only your specific right to say something that someone else has a legitimate copyright to. "No war in Iraq" can't be copyrighted (at this point in time), not legitimately, anyway.

      --
      Stupid sexy Flanders.
    74. Re:Nice, but.... by Anonymous Coward · · Score: 0

      IIRC, the music industry makes the most money, then video games, then the motion picture industry.

    75. Re:Nice, but.... by chewmanfoo · · Score: 1

      Let me make sure I'm understanding this... I can make a copy of a CD I bought for my car, or for another CD player in my pool house, or for my walkman, but If my brother comes over I can't let him have one of the copies to take home because he's a jerk and would weasel it out of me anyway if I didn't offer it instead? I bought the damn thing! Why shouldn't I be able to send my mom in Puerto Rico a letter saying, "Mom, I just love this new Britney Spears CD!" and enclose a copy. Why should she have to buy her own copy. It's my mom! She's half blind and on public assistance! Give me a break.

    76. Re:Nice, but.... by Anonymous Coward · · Score: 0

      Fortunately creation is freeware....

      You're clueless, you just want free stuff...

    77. Re:Nice, but.... by Anonymous Coward · · Score: 0

      " Why would anyone buy his CD if they already have it on mp3?"

      Because, unless your hearing is as bad as your electronics skills, mp3s are the auditory equivalent of watching TV through heavy-duty interferrance. Dire sound at anything but astronomical bitrates...

    78. Re:Nice, but.... by docwhat · · Score: 2

      The point was to offer enough for buying the CD that people want to. Extras in the CD, the fact the mp3s would be lower quality, etc.

      If the low quality mp3s are good enough, then yeah, you won't buy the CD, but in the past, you probably would have been the same guy who taped the song off the radio and never buys the album anyway.

      Ciao!

      --
      The Doctor What (KF6VNC)
    79. Re:Nice, but.... by docwhat · · Score: 2

      The point would be to deliver the song, make it nice enough that it would be "okay", but anyone who liked it a long would, while listening, think "gee, I should buy the album because it sounds better".

      Other alternatives could be to run it through a process to pull out the highs and lows, so it sounds more like a "radio" recording, or something similar.

      128k VBR mp3s are pretty nice sounding. Maybe 96k. Ogg presents another problem, in that 64k oggs actually sound pretty nice.

      Ciao!

      --
      The Doctor What (KF6VNC)
    80. Re:Nice, but.... by amRadioHed · · Score: 1

      What an ignorant and/or selfish attitude that is. I by albums all the time despite having the mp3's first. One reason is because it is nice to have the cd case and booklet. However, another more important reason is because I like the band.

      If I like a band, than i will always try to by the CD if I can. I will let my friends get mp3 or burn copies of it, but I will also encourage them to buy the cd too if they really like it. And, often they do. It's simply a matter of supporting someone who's music you appreciate. If they don't get the record sales, then they may not be able to continue recording music, and even if they do still record, the record companies will have more power over them. OTOH, if I do buy their albums then they get rewarded for their art, and I get more quality released from them in the future. That's a win-win situation.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
  5. Jack Valenti, complete moron by elmegil · · Score: 3, Funny
    "You could download a million movies a day, and no penalty for it."

    He must have a hell of a broadband connection.....

    --
    7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    1. Re:Jack Valenti, complete moron by bizitch · · Score: 1

      Not to mention some killer disk space!

      --
      ---- "Logoff! That cookie shit makes me nervous!" - A. Soprano
    2. Re:Jack Valenti, complete moron by Anonymous Coward · · Score: 0

      With the money he makes as an industry stooge he could buy a Baby Bell.

    3. Re:Jack Valenti, complete moron by bpb213 · · Score: 1

      The only problem with downloading a million movies a day, is that youd run out of content to fast. honestly, how many movies are worth watching anymore?

      (besides LOTR... ;))

      --

      This .sig looking for creative and witty saying.
    4. Re:Jack Valenti, complete moron by EvanED · · Score: 2

      >>He must have a hell of a broadband connection.....

      Not to mention be reading another bill seeing as the one in question only allows copying for personal use.

  6. Why does this "right" need to be enumerated? by Anonymous Coward · · Score: 5, Insightful

    I think there's some danger here in enumerating the right to copy CD's, etc. It's the same issue that John Adams had with the Bill of Rights. If you enumerate some rights, it implies that other rights don't exist until they're enumerated. Take for example the right to privacy. The Bill of Rights doesn't list it, and therefor much debate ensues about whether or not such a right exists.

    While having a law explicitly naming the right to copy CD's is seductive, we risk having to always enumerate new rights in the future. Instead, I'd prefer to have the default be "of course we have this right, because it's not explicitly listed as a right that's not allowed".

    I realize I'm dreaming here. Given where we are as a society, I'd be willing to see this bill passed. But a guy can dream.

    1. Re:Why does this "right" need to be enumerated? by Shuh · · Score: 5, Insightful
      I think there's some danger here in enumerating the right to copy CD's, etc. It's the same issue that John Adams had with the Bill of Rights. If you enumerate some rights, it implies that other rights don't exist until they're enumerated. Take for example the right to privacy. The Bill of Rights doesn't list it, and therefor much debate ensues about whether or not such a right exists.
      Unfortunately this is a common misconception in America: We think the Bill of Rights enumerates our Rights. In reality, it actually puts restrictions on what the Government(tm) can do to our rights... which according to The Declaration of Independence were granted to us by a higher power, the "Creator."
    2. Re:Why does this "right" need to be enumerated? by Shalda · · Score: 1

      That's why amendment IX of the Bill of Rights reads The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

      I'm normally against unnecessary legislation, but moving fair use rights out of a grey area is more or less a good thing. Right now, it seems, courts usually side with the copyright holder. Unfortunately, by the time these bills get out of committee, they'll be gutted and sabatoged, but it's a nice effort.

    3. Re:Why does this "right" need to be enumerated? by leviramsey · · Score: 1

      Read the fucking Bill of Rights, idiot.

      The Ninth Amendment states:

      The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
    4. Re:Why does this "right" need to be enumerated? by GlassUser · · Score: 1

      I don't think he's the idiot of which you speak. I doubt the poster has much ability to directly influence lawmaking. You'd find it much more effecient to examine this body called "congress" for individuals that think of the constitution in a way inconsistent with its wording.

    5. Re:Why does this "right" need to be enumerated? by dlkinney · · Score: 1

      The hole in your argument when applied to the issue at hand is that it is ALREADY "explicitly listed as a right that's not allowed" in the DMCA. One can argue that a "right" supercedes a "law", but it's nice when laws conform to rights. Thus, the express enumeration of the right is a Good Thing.

    6. Re:Why does this "right" need to be enumerated? by scotch · · Score: 2
      The Declaration of Independence has no legal bearing on the operation of the US Government. The Constitution is the Supreme Law of the Land.

      HTH

      --
      XML causes global warming.
    7. Re:Why does this "right" need to be enumerated? by aaarrrgggh · · Score: 2

      Specifically (according to the article, anyway) aims to repeal restrictions brought about by the DMCA, to permit personal copies.

      Although it isn't dumping the DMCA wholesale, it does take out a lot of its bite!

    8. Re:Why does this "right" need to be enumerated? by Anonymous Coward · · Score: 0

      The Government has no "right" to take a right away from the people when the Constitution forbids it to do so.

      The DMCA violates the restrictions on government power that are part of Article I, Section 8 (and of the First Amendment).

      As far as regular copyright goes, the people have an inherent right to copy published works and ideas (part of free speech, and the fact that these things "cannot, in nature, be a subject of property"). The Government is allowed to place temporary limits on this public right, in the pursuit of public ends. (Hence copyrights and patents.) But the Government does not have an unlimited right to restrict citizens' rights in this area.

    9. Re:Why does this "right" need to be enumerated? by Shuh · · Score: 2
      The Declaration of Independence has no legal bearing on the operation of the US Government. The Constitution is the Supreme Law of the Land.
      I beg to differ: it is the very moral and political foundation of The Constitution. Without it, The Constitution and The Bill of Rights are no more than the musings of another cadre of rebels who couldn't live by a contract. There is a philosophy behind the founding of this nation, but that idea is anathema to those who realize a heritage of true freedom will only foment more rebellion when people start to realize what's really going on in America...
    10. Re:Why does this "right" need to be enumerated? by scotch · · Score: 2
      You might disagree, but legally speaking it's true. The Declaration certainly has historical significance, and perhaps even a philosophical relevance, as you say, but it is irrelevant legally. For example, I would be suprised if the supreme court ever consoluted that document in any legal review. I'll say it again: the Constitution is the supreme law of the land. Nowehere in the constitution does it defer any legal authority to the Declaration of Independence, the Articles of Confederation, or any other prior document.

      The rights enumerated in the Declaration have no legal bearing on the US government. This is not the same thing as saying the document is worthless from a philosophical, historical, or moral perspective.

      --
      XML causes global warming.
    11. Re:Why does this "right" need to be enumerated? by Shuh · · Score: 1
      The rights enumerated in the Declaration have no legal bearing on the US government.
      You are absolutely right: as long as you don't regard dissolution of previous political/legal ties and establisment of a sovereign state as a "legal matter." And as long as you choose to ingnore the fact that The Constitution doesn't exist in a vacuum by itself, and that even "the law" doesn't exist in a vacuum, as soon as you do that, it's time for another Declaration of Independence.
    12. Re:Why does this "right" need to be enumerated? by scotch · · Score: 2
      Sure, I agree with this post. But is the Constituation by itself enough to know that we are not under Brittish rule? Probably. :)

      I acknowledge that the Constitution doesn't exist in a vacuum. However, the sway of popular opinion weakly expressed through the interpretations of the judicial system have more of an impact on the constitution than the Declaration of independence ever will. Both are on similar legal footing (i.e. poor) when it comes to their legitimacy as factors for modifying the intent of the Constitution.

      --
      XML causes global warming.
    13. Re:Why does this "right" need to be enumerated? by Shuh · · Score: 2
      However, the sway of popular opinion weakly expressed through the interpretations of the judicial system have more of an impact on the constitution than the Declaration of independence ever will. Both are on similar legal footing (i.e. poor) when it comes to their legitimacy as factors for modifying the intent of the Constitution.
      What I call the "spirit of freedom" or "the founding vision" was never clearer than when the Declaration of Independence was written. The nuts and bolts of how this vision applied to a civil law is what The Constitution attempts to address. So when a new law and the vision are at odds, you have to go with the vision... unless you value living in a nation of lawyers above all else.
    14. Re:Why does this "right" need to be enumerated? by scotch · · Score: 2
      I agree that the Declaration of Independence expresses some very sound ideas. However, relying on the "vision" or opinions of these dead men to sway our legal decisions is probably a bad idea, on the whole. For example, how many opinions held by this small group of men can we identify that would be reprehensible today? I'll start:

      1. slavery is OK
      2. property ownership required for citizenship
      3. no suffarage for women
      4. no explicit right to privacy
      5. ...

      That's why I'd much rather have the ammendable and interpretable constituation than some persons notion of what the Founding Fathers would have wanted (WWFFD - what would the founding fathers do?). For example, you'll hear some people justify a partial theocracy based on their believe that all the founding fathers were christian (even though all of them weren't) rather than trying to deal with the intent of the 1st ammendment, which they wrote. This founding father interpretation is a slippery slope.

      BTW, I'm not accusing you of those things.

      --
      XML causes global warming.
    15. Re:Why does this "right" need to be enumerated? by Shuh · · Score: 2
      * slavery is OK

      Which interestingly enough illustrates my point, not yours:

      Declaration of Independence:
      "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."
      Constitution of the United States of America, Article 1, Section 2, Clause 3:
      "Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons." [tacit approval of a class of people outside of the group of "free Persons," actually a way of setting up government representation with some notion of accounting for slaves and Indians]
      So the Founding Fathers' hypocracy about the founding vision of America was initially ensconced in the Constitution, and was never part of the Declaration...

      * property ownership required for citizenship
      * no suffarage for women

      All these items were in the Constitution at one point, but never in the Declaration... and they may never have been in the Constitution at all if people (lawmakers, judges) had just stuck to the ideals espoused in the Declaration in the first place...

      * no explicit right to privacy

      Rights don't have to be "explicitly" listed in the Constitution to be rights. You haven't been paying attention to what I have been saying from the start of this thread.

      The Declaration says people have all the rights, and government must make the case to curtail them in only the most needful of cases:
      "That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.


      And to address the rest of your points:

      That's why I'd much rather have the ammendable and interpretable constituation than some persons notion of what the Founding Fathers would have wanted (WWFFD - what would the founding fathers do?).
      And if people would have kept the ideals of the Declaration in mind in the first place, there wouldn't have been so many abuses of the American Ideal put into (and taken out of) the Constitution in the first place...
      For example, you'll hear some people justify a partial theocracy based on their believe that all the founding fathers were christian (even though all of them weren't) rather than trying to deal with the intent of the 1st ammendment, which they wrote.
      Theocracy is a good part of what that big wave of Protestants were trying to escape when they founded a nation that wasn't in the back pocket of the Caltholic Church. I think people harken to the fact that so many Founding Fathers were Christian (or at least Deists) as a way of reminding them of their own cultural heritage, which like it or not, is also found in many of the initial documents and opinions and thoughts of so many of the Founders.

      And this will remain a fact, until Political Correctness reaches Orwellian proportions, and "necessary editing" of the past occurs in an attempt at "cultural cleansing..." which is the equivalent of "ethnic cleansing," except you're killing ideas instead of people... which oddly enough falls under the purview of the very first Amendment to the Constitution.
      This founding father interpretation is a slippery slope.
      I think even a blind man can see by now that the slippery slope has been, and continues to be when people don't adhere to the Founding Fathers' vision as set forth in the Declaration.
    16. Re:Why does this "right" need to be enumerated? by Anonymous Coward · · Score: 0

      http://memory.loc.gov/const/bor.html

      "If you enumerate some rights, it implies that other rights don't exist until they're enumerated."

      Bill of Rights

      "Amendment IX
      The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

    17. Re:Why does this "right" need to be enumerated? by scotch · · Score: 2
      • The founding fathers also wrote the constitution, not just the Declaration.
      • The declaration, while nice, goes nowhere near defining a government. The letter is at some level just rhethoric "when a government is abusive, it is the right of the people to revolt = yada yada yada" - this is an observation of first principles and in no way stems from the declaration. Rebellions fail. Revolutions succeed.
      • You can argue until you are blue in the fact that the declaration should have legal ramifications, but that won't make it so.
      • The ruling official Church in England, as it is now, was Anglican, which is definitely not Catholic.
      • Like it or not, "many of the initial documents and opinions and thoughts of so many of the Founders", while historically and philosophically interesting, have no legal bearing on the US government.
      • I have no use for extreme political correctness. I don't believe in "necessary editing" of the past. I frankly don't know where you're going with or coming from on that one.
      • There are civil liberties that have increased sice the days of the founding fathers, especially with regards to the protection of speech, the definition of due process, increase in effective religious freedoms etc. Many of these improvements would likely have been disliked by the founding fathers. Determining this with accuracy is an impossible task: they are dead, afterall. The declaration of independence leaves many matters in too vague a state, to be sure (plus it has no authority, as I may have previuosly mentioned).
      • Must get back to work. Keep fighting the man.
      • HAND

      --
      XML causes global warming.
    18. Re:Why does this "right" need to be enumerated? by scotch · · Score: 2
      • PS if I ever meet you, I will kick your goat

      --
      XML causes global warming.
    19. Re:Why does this "right" need to be enumerated? by Shuh · · Score: 1

      I guess it all boils down to the fact that the Constitution is a wonderful piece of law... but there is nothing inherently special or "Holy" about it -- as with any law. If the people don't remember and adhere to the philosophy of freedom and the vision that inspired the law... it doesn't matter how many Constitutions or Amendments or other wonderful you write. They are only so many pieces of paper, and the people are only so many slaves without a clue... and the most prescient and powerful among them are but lawyers.

    20. Re:Why does this "right" need to be enumerated? by scotch · · Score: 2
      Amen to that, brother.

      --
      XML causes global warming.
  7. finally by sssmashy · · Score: 0, Redundant
    ``The laws that have passed in recent years have imbalanced the historical balance between owners of copyrighted works and users of copyrighted works,'' Boucher said in an interview Tuesday. ``The balance has been tilted dramatically in favor of owners at the expense of users.''

    Finally, a politician with the sense to speak the simple, obvious truth. Hallelujah

  8. More Important: Next Year by stealie72 · · Score: 2, Informative

    Anything that is introduced in Congress now isn't going to go anywhere. They're going to go home and campaign for the november elections soon.

    If you really want to support this bill, write them and let them know you support it. Then, next January, assuming that Lofgren and Boucher get re-elected, write them and remind them that you'd like the bill introduced again.

    --
    I don't have an anger problem, I have an idiot problem
  9. Re:Because we all know what is about to happen.... by AmbientNightmare · · Score: 0, Offtopic

    I posted the article above, but for some reason..the formatting didn't cut and paste along with the article...I'm an HTML moron, and I apologize.

  10. The solution to bad laws is more bad laws... by Sigh+Phi · · Score: 2, Insightful

    Rather than fix the horrible state of copyright law, let's simply add a few more, enveloping and codifying in a limited manner the rights we already have. Makes sense to me.

    1. Re:The solution to bad laws is more bad laws... by Soko · · Score: 2

      Mutually Assured Destruction, détente, whatever you want to cal it - the whole idea is to fight fire with fire, until everyone gets too tired or too scared to fight that way, and agrees to drop the flame throwers and talk reasonably about the issue.

      It does make sense to me.

      Soko

      --
      "Depression is merely anger without enthusiasm." - Anonymous
  11. echo? by nomso · · Score: 0, Redundant

    Is it just me, or did I just read this earlier?

    --
    there is no spoon
  12. The sad thing is... by TrollBridge · · Score: 0
    ...that we apparently now need laws that, for all intents and purposes, establish/recognize our rights.

    There used to be a time when the only purpose of domestic law was to make something illegal/regulated.

    --
    There's a Mercedes gap too. I want one and can't afford one, but it's not government's job to do anything about it.
  13. Already mentioned today on Slashdot by MacRonin · · Score: 2, Offtopic

    Not quite a duplicate but this article was already mentioned on SlashDot in the entry Slashdot | Apple Shuns DRM Efforts So Far. which is in the Apple section but also on the front page.

  14. Heh by weird+mehgny · · Score: 3, Funny

    ``If this bill were to pass, it would render ineffective, worthless and useless any protection measure we would have in place to protect a $100 million movie,'' Jack Valenti, president of the Motion Picture Association of America, said of the Lofgren bill.

    And we all know no one will go to the cinema to see the next LOTR movie, right?

    1. Re:Heh by Anonymous Coward · · Score: 0

      I didn't, I bought the DVD and my DVD player lets me copy to my VHS recorder....hehe.

    2. Re:Heh by Anonymous Coward · · Score: 0

      VHS isn't digital though, so it can be done as a backup copy.

      If you use DeCSS to rip and compress it, then you have my method of "backing-up". This method isn't legal right now though, but it should be.

    3. Re:Heh by yuri+benjamin · · Score: 1

      And we all know no one will go to the cinema to see the next LOTR movie, right?

      AFAIK Weta Productions is not a member of the MPAA. There may be a MPNZ or something similar.

      Weta Productions is Peter Jackson's New Zealand based studio.

      There may be some American actors, but LOTR is not an American production.

      --
      You make the mistake of thinking you can educate the fundamental stupidity out of people. You can't.
    4. Re:Heh by weird+mehgny · · Score: 1

      In any case, my subtle point is that if it's good, people WILL pay to see it. Most of what Hollywood spits out is utter crap.

  15. Wrong solution by back_pages · · Score: 5, Insightful
    The problem here is that the DMCA violates the fair use clause of the existing copyright laws. The solution is NOT a law that defeats a portion of the DMCA. The solution IS to repeal the DMCA and replace it with a non-fascist alternative.

    It is our duty as citizens to disobey unjust laws and to push them through the judicial system to the Supreme Court. It is counterproductive to that duty to prop up the unjust laws with exceptions and clarifications. Further, between the DMCA and the proposed DFCA, all that has been accomplished is a wordy reiteration of the existing copyright laws. I'm no legal eagle, but I firmly believe in having a few concise and necessary laws rather than redundant spaghetti legal code.

    1. Re:Wrong solution by jw32767 · · Score: 1

      > It is our duty as citizens to disobey unjust laws and to push them through the judicial system to the Supreme Court.

      You first.

      --

      Josh Winslow
    2. Re:Wrong solution by Quimo · · Score: 1

      The article seems to imply that this would make amendments to the DMCA. this would indicate to me not that it defeats portions of it but that changes them outright. In my eyes it is better to change something a little at a time into something more paletable to everyone than throwing away the good with the bad.

    3. Re:Wrong solution by anthony_dipierro · · Score: 4, Interesting

      The problem here is that the DMCA violates the fair use clause of the existing copyright laws.

      That's funny, since I thought the DMCA said that "Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title."

    4. Re:Wrong solution by WhiteKnight07 · · Score: 1

      > You first.

      Way ahead of ya. ARRRGGG! Matey, ARRGGG!

      I swear, one of these days I'm gonna build a machine, paint it black, and stencil "HMS Bounty" in large friendly letters on the side of the case.

      --


      We're going to make information free Mr. Anderson, whether you like it, or not.
    5. Re:Wrong solution by Fnkmaster · · Score: 2
      The DMCA does not on the face of it restrict fair use in any way. Nowhere will you find text in the DMCA that says "you may not perform any of the following acts [description of acts involved in fair use]". What you WILL find is restrictions on circumventing "copyright protection systems" (see sec. 1201 DMCA). Trafficking in circumvention devices or systems is illegal.


      New products are now on the market which embed so-called "copyright protection systems". DVDs are the most famous example. Want to make your own edit or parody of the DVDs you own? Want to rip DVD audio into MP3 or some other computer-based format? Want to cut and paste material from some "protected e-book" document? Tough shit, you can't without violating the DMCA, if a company doesn't want you to, since they can claim pretty much anything is a copyright protection mechanism (including some pseudo-obfuscation bullshit like CSS on DVDs).


      So while fair use isn't technically affected by the DMCA directly, in practice, the right to fair use has been abolished for digital materials.

    6. Re:Wrong solution by Anonymous Coward · · Score: 1, Funny
      A pirate walks into a bar with a steering wheel attached to his crotch.

      The bartender says, "Excuse me, do you know there's a steering wheel attached to your crotch?"

      "Arr," says the pirate. "It's driving me nuts."

    7. Re:Wrong solution by Anonymous Coward · · Score: 0

      So while fair use isn't technically affected by the DMCA directly, in practice, the right to fair use has been abolished for digital materials.

      And the purpose of this law is to fix that.

    8. Re:Wrong solution by Anonymous Coward · · Score: 0

      And if this bill passes, pigs will fly.

    9. Re:Wrong solution by Anonymous Coward · · Score: 0

      What's a pirate's favorite restaurant?

      Arrrrrrrby's!

    10. Re:Wrong solution by armchairlinguist · · Score: 1

      I don't see the difference, except a nitpicky one of records, between amending a law so that the nasty parts of it are no longer in force and repealing it and passing a new law that says the same thing as the amended old law did.

      Incidentally, the DMCA is not a law. It is the name of the act that became part of the law when it was passed. This isn't usually worth debating, but if you're being nitpicky about the repealing vs. amending, you ought to be nitpicky about acts or bills vs. laws.

    11. Re:Wrong solution by mattsucks · · Score: 1
      The problem here is that the DMCA violates the fair use clause of the existing copyright laws. The solution is NOT a law that defeats a portion of the DMCA. The solution IS to repeal the DMCA and replace it with a non-fascist alternative.

      According to the DMCA, isn't any bill that proposes amending, weakening, or repealing the DMCA to allow copying of protected works itself considered a circumvention device and therefore in VIOLATION OF the DMCA? Boucher and Lofgren are both anti-DMCA terrorists and should be locked up before they legislate again...
    12. Re:Wrong solution by Alsee · · Score: 2

      I thought the DMCA said that "Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title."

      Right, and nothing in this post shall ridicule any portion of the DMCA.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    13. Re:Wrong solution by anthony_dipierro · · Score: 1

      The difference of course being that one of those two statements is a binding legal document.

    14. Re:Wrong solution by Alsee · · Score: 2

      The difference of course being that one of those two statements is a binding legal document.

      Yep. In particular there is no difference in their accuracy.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  16. Medium Transfer? by syntap · · Score: 1

    It would be nice to know if this bill also protects medium transfer for personal use (i.e. CD to MP3, VHS to DVD, etc).

    And I like this... "The bills also would amend a 1998 law, the Digital Millennium Copyright Act, that makes it a crime to circumvent technological protections built in to copyrighted works. Instead, consumers would be allowed to bypass the technology if the intent is to make a copy for personal use."

    Now I can TIVO-ize my XBox!

  17. Re:Because we all know what is about to happen.... by Anonymous Coward · · Score: 0

    thank you for taking the time and effort to explain to us that you posted the article above, and the formatting got screwed up in the cut-and-paste process. also thank you for admitting your HTML ineptitude. we didn't know any of these things before you told us.

    i hope you lose enough karma to get a 72-hour ban, you stupid crapchewer.

  18. Of course, we were going to do this anyway by Anonymous Coward · · Score: 0

    I'm not worried at all about having the right to copy one of my CDs for transit inside my car, nor am I worried about my rights to copy expensive software or DVDs so that I can save the original and use the copy. The issue is whether or not the technology will exist in 5 or 6 years that will allow me to do this. I don't see the purpose of a law restating the fair use rights I already had, so of course, I'd really like to see all the points this thing outlines.

  19. Pen ready, cheque waiting... by Soko · · Score: 2

    ``If this bill were to pass, it would render ineffective, worthless and useless any protection measure we would have in place to protect a $100 million movie,'' Jack Valenti, president of the Motion Picture Association of America, said of the Lofgren bill. ``You could download a million movies a day, and no penalty for it.''

    *Wipes tears of laughter form eyes*

    Hehe, that was worth it. Jack getting bashed with the clue stick right across the forehead.

    THAT was entertainment at it's finest, and is definately worth paying for. Do I make my cheque out to Rep. Boucher now? (I hope he doesn't mind $CDN...)

    Soko

    --
    "Depression is merely anger without enthusiasm." - Anonymous
  20. Private Copy and Copy-Protection by Anonymous Coward · · Score: 0

    What about CDs with copy-protection?
    Are you allowed to use anti-copy-protection software to create copies? Won't this conflict with the DCMA?

    Here in Europe, most Countries allow their people to create a private copy (e.g. backup) of their (audio) CDs. Some countries even allow to make a copy of software-CD, and some countries also consider copy-protection as a limitation of the users right for a private copy, ie. allow the user to circumvent the copy-protection. The situation of DVD's is still somewhat unclear, but right now most countries usings the same laws for DVDs as for CDs.
    In germany e.g. your allowed to make up to 7 copies (actually it's not a really fixed number) of a (audio) CD, and give away them (for free, as a gift), as long as it is not done to promote illegal distribution (e.g. done in a large scale & professional manner) to damage the market.

    1. Re:Private Copy and Copy-Protection by Anonymous Coward · · Score: 0

      I forgot to mention that in Germany it is even somewhat tolerated (by the government) to borrow a CD, make a (single) copy of it for private use!

  21. Jack Valenti's Cable Modem by imadork · · Score: 5, Funny
    ``If this bill were to pass, it would render ineffective, worthless and useless any protection measure we would have in place to protect a $100 million movie,'' Jack Valenti, president of the Motion Picture Association of America, said of the Lofgren bill. ``You could download a million movies a day, and no penalty for it.''

    Hmmm, (1 million * 4.7GB) / (24 hrs * 60 mins * 60 secs) = 54GB/sec bandwidth! Jack's cable modem must not have the download caps in place...

    1. Re:Jack Valenti's Cable Modem by Anonymous Coward · · Score: 0

      wow, how did he get that, because i never saw that option when i was signing up for broadband.

    2. Re:Jack Valenti's Cable Modem by Cyno01 · · Score: 1

      even with a 54gb/s connection i dotn think any existing motherboard would be able to handle it, i have uncapped cable(the cable guy didn't configure it properly, really) and i can only get about 300kb/s total on kazaalite, this increases a bit when i close other programs, making me think that its dependant on my computer, and just to nitpick and convert your figures to a more sensible numbers (nobody shares dvd images)... (1 million * 700mb[a divx'd avi or som'n])/(24*60*60)= about 8GB/sec, still a heluva lot faster than anything that'll be avalible in the next decade or two

      --
      "Sic Semper Tyrannosaurus Rex."
    3. Re:Jack Valenti's Cable Modem by SuperJim · · Score: 1

      Hmmm, (1 million * 4.7GB)

      It also takes a hell of a big hard drive to store his million movies a day

    4. Re:Jack Valenti's Cable Modem by Anonymous Coward · · Score: 0

      More impressive is the time needed to watch all these movies. Letsee, assuming an average movie length of 90 minutes, we get:

      (90 min per movie * 1,000,000)/525600 min/year = 171 years to watch them all.

      In between being a corporate troll and spreading blatant falsehoods, where does Jack ever find the time?

    5. Re:Jack Valenti's Cable Modem by jquirke · · Score: 2

      Obviously you don't have a sense of humor.

  22. Come on! by grumwsmith · · Score: 1

    Come on congress!

    This is the kinda thing we've been waiting for since the DCMA.

    This'll get hollywood and the RIAA up in arms!

  23. Jack Valenti is a troll by GreyWolf3000 · · Score: 5, Insightful
    Jack Valeti said...
    "If this bill were to pass, it would render ineffective, worthless and useless any protection measure we would have in place to protect a $100 million movie,'' Jack Valenti, president of the Motion Picture Association of America, said of the Lofgren bill. ``You could download a million movies a day, and no penalty for it."
    The law says...
    "This would not authorize someone taking their digital content and sharing it with a million of their best friends," Lofgren said in an interview Tuesday."

    All you trolls on slashdot should pay attention and learn from Jack Valenti. He dishes out FUD with statements that are unsupported and wildly speculative (and in this case a complete lie).

    --
    Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
    1. Re:Jack Valenti is a troll by PD · · Score: 1

      You could download a million movies a day

      Wow! I always thought that Valenti's *fat pipe* referred to the fact that he was always sucking Hollywood's dick. I never knew he was talking about a beowulf of cable modems.

    2. Re:Jack Valenti is a troll by axis-techno-geek · · Score: 1
      Hmmmm.... a million movies a day, assuming 2 hours movies as an average, and if it is DVD quality, that gives you approx. 4.48 GB per movie (singe layer DVD 4,700,000,000 bytes) so:

      1,000,000 * 4,700,000,000 / 86400 = 50.66 GigaBytes/Sec!

      I wish I could get a connection like that!
      Even at VCD quality for a movie you would need 14.69 GB/sec!

      Either way you slice it, nobody has that kind of bandwidth, and it will be quite some time before we do.

      In the words of Bugs Bunny: "What a maroon!"

      --
      This is not the sig line you are looking for... -- Old Jedi Sig Line Trick
    3. Re:Jack Valenti is a troll by Anonymous Coward · · Score: 0

      All you trolls on slashdot should pay attention and learn from Jack Valenti.

      Bob Cringely sure has...

      Everyone who hates the DMCA has to illegally copy a movie or a song, and then tell both the Congress and the U.S. Copyright Office exactly what they did. We need 10 million or so confessed and unrepentant intellectual property pirates.
    4. Re:Jack Valenti is a troll by zoombat · · Score: 3, Insightful
      1,000,000 * 4,700,000,000 / 86400 = 50.66 GigaBytes/Sec!

      Ok, now I certainly disagree with this big-business chump, but I think you're jumping on the wrong part of his abusurd statement. I think he was:

      1. Using the plural "you", meaning "Internet users around the world..."; certainly with the 500 million or so people online around the world, 1 million of them could all decide to download a feature-length movie.
      2. or (more likely) using hyperbole.

      Please don't fight FUD with FUD. Focus on debunking what he MEANT.

    5. Re:Jack Valenti is a troll by Anonymous Coward · · Score: 0

      Let me play devil's advocate here. I don't think he's implying that this law will make it legal to download MP3's you don't have a copyright on. He's merely saying that DRM is itself a penalty, and this law would "render ineffective, worthless, and useless" that penalty.

      He's still a troll. I just don't think this is an example of it.

  24. two posts from SiliconValley.com? by airrage · · Score: 1

    Why not just post the link and we can read they're web-page for ourselves. I have to wonder if SV.COM has some advertising here somewhere....

    --
    "This isn't a study in computer science, its a study in human behavior"
  25. Not going to pass by Urox · · Score: 3, Insightful

    If you read the article, it says that it's not going to get through because congress is wrapping up its work for the year in the week.

    I see this as something to push Zoe Loftgren's ratings higher. She is my congresswoman and was a full supporter of Cyber Security Enhancement Act of 2002, H.R. 3482. I wrote to her about this and not only did she get my gender wrong (I'm female), but she also wrote, "I would note that this section in no way changes the limitations under current law on the emergency use..." which was a blatant and utter lie... or she was very mis-informed.

    She took over a month responding to my email and her web-page was far less than impressive (unlike the congressional leader one district away who voted against keeping "god" in the pledge of allegiance.. I can't dig up who it is right now).
    She's also scared by terrorism noting it first in the following closing sentence,"As we enhance cyber security to protect our vital infrastructure against both terrorists and the type of high-tech vandals who crashed Yahoo in February 2000..." and anyone who was still bothered by "terrorism" at the end of July of this year definitely is being pushed by an agenda or is pushing her own.

    I'd publish the entire email she sent to me but there was recent discussion on slashdot about publishing correspondances that has me hesitating.

    --
    "Would you rather have a playstation addicted dork wearing a star wars t-shirt?"
    1. Re:Not going to pass by Erik+Fish · · Score: 2


      I'd publish the entire email she sent to me but there was recent discussion on slashdot about publishing correspondances that has me hesitating


      She's an elected official writing to you while in that role to inform you of her official stance on an issue. Doesn't that mean your tax dollars are paying her to not only write those words but take that stance?


      Don't be shy!

    2. Re:Not going to pass by Anonymous Coward · · Score: 0

      >> As we enhance cyber security to protect our vital infrastructure against both terrorists and the type of high-tech vandals who crashed Yahoo in February 2000

      Could somebody refresh my memory on how many people died during that Yahoo! crash. Oh the tragedy of it all....

  26. Website Idea: tech voters' guide by RangerSpeedBumpp · · Score: 1
    Zoe Lofgren would get my vote if I lived in her district. Is anyone collecting a list of the few GOOD guys in the fight for digital rights? I'm willing to cast my vote for ANYONE who sponsors anti-DRM laws, anti-DMCA action, anti-spam legislation, or otherwise shows some sort of understanding of the issues other than what an industry lobbyist will tell them.

    My local free paper publishes a "voter handbook" to take with them to the polls, describing various officials' actions on crucial issues. I'd LOVE to have a similar web-accessible to print out (or sync with AvantGo) to take into the ballot box.

    1. Re:Website Idea: tech voters' guide by Anonymous Coward · · Score: 0

      Zoe Lofgren would get my vote if I lived in her district

      Then you are a fool. Or at the very least, ignorant. This woman has proposed some VERY tyrannical legislation in the past. She voted for a ban on soft money, except to the major political parties (such as illegal Communist Chinese soft money donations to the Democratic Party). She voted to kill MSAs (Medical savings accounts). She tried to introduce legislation to require any firearm transfer (for example, your father gives you his rifle in his will) to be approved or denied by the federal government (with no standards on "shall approve", meaning the treasury department could deny transfers without giving a reason). She tried to pass legislation forcing the Kyoto treaty to be implemented (even though the Senate rejected the treaty 95-0). She also has close ties to Communist China (voted permanent MFN status, always votes against Taiwan and military issues). She has consistently voted against any tax reforms, and for more government spending (except for military spending, of course).

      Just because the tyrant who steals your food tosses you back a few crumbs doesn't mean you should worship at her feet. If she were a real advocate of liberty, she would call for repeal of the legislation. But if you check her record you will find that she has never called for the repeal of a single federal law.

  27. necessary? by edrugtrader · · Score: 1, Flamebait

    so... they are passing the bill of rights again? copyright law again?

    we already can do this, just because the RIAA says we can't doesn't mean new legislation is required...

    ARE YOU A PHP CODER? COME WORK WITH ME AND MAKE MILLIONS!
    link to job description

    --
    MARIJUANA, SHROOMS, X: ONLINE?! - E
    1. Re:necessary? by LMCBoy · · Score: 2

      we already can do this, just because the RIAA says we can't doesn't mean new legislation is required...

      correction: we can do this [exercise fair use rights] today, but the day is coming when it will be impossible if the **AA have their way.

      The RIAA isn't the only four-letter acronym that says we can't copy digital content which we own; there's also the DMCA, which has a bit more teeth to it.

      --
      Liberal (adj.): Free from bigotry; open to progress; tolerant of others.
    2. Re:necessary? by geekoid · · Score: 2

      I have all the skills mentioned in the link, but can I telecomute from Oregon?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  28. Re:Because we all know what is about to happen.... by LMCBoy · · Score: 0, Offtopic

    preview is your friend.
    So is <p>

    ;)

    --
    Liberal (adj.): Free from bigotry; open to progress; tolerant of others.
  29. Unbelivable!!! by Lissst · · Score: 4, Insightful

    Jack Valenti, president of the Motion Picture Association of America, said of the Lofgren bill. "You could download a million movies a day, and no penalty for it."

    I can't believe that these people actually think like this. The legislation doesn't say anything about giving the user the right to share and steal the music without punishment. There will still be punishment for stealing a movie or music (if caught). It's unbelievable how these people think that just by having the right to have "Fair Use" of a product for personal reasons equates to mass piracy being legal.

    1. Re:Unbelivable!!! by jzs9783 · · Score: 1

      I think it's only fair we steal movies; they've stolen so much money from me with all that Hollywood trash - it's payback time! Note: the creator of this post in no way does anything illegal...:-)

    2. Re:Unbelivable!!! by Anonymous Coward · · Score: 0

      You should know by now that Valenti is a huge fucking idiot.

    3. Re:Unbelivable!!! by halo8 · · Score: 1

      A Million Movies a day ?!?!?!?

      I WANT his network connection!!

      --
      The More Knowledge you have the Luckier you Get- J.R. Ewing
    4. Re:Unbelivable!!! by jpvlsmv · · Score: 1

      Well, take Mr. Valenti at his word. If this bill passes, we have been given permission to download all the movies (up to a million per day) we want, and there will be no penalty for it.

      --Joe

  30. I WISH! by BrookHarty · · Score: 2

    Jack Valenti, president of the Motion Picture Association of America, said of the Lofgren bill. ``You could download a million movies a day, and no penalty for it.''

    I want that bandwidth!

  31. My Vote by Anonymous Coward · · Score: 0

    If Bruce Perens runs for the Senate, I'll vote for him (assuming he can stand the humidity here).

  32. Re:Because we all know what is about to happen.... by Longinus · · Score: 2

    Hey, if you're gonna karma whore, at least make it readable (and use the goddamn preview button!).

  33. It's about time.... by mao+che+minh · · Score: 1
    ...that they started focusing on the fact that people should be allowed to make copies of the content itself, and start ignoring what media it is contained within/on. Why should it be illegal to make a copy of your LOTR DVD, but perfectly legal to tape it when it comes on HBO?

    These cash hungry corporations should not be allowed to utterly control digital media, supervise it's use, and direct it's future advancement - we should.

  34. Re:millions by Jippy_ · · Score: 1

    You could download a million movies a day, and no penalty for it Yes, that's right Jack.. And when VCR's came out, we were in the theaters bootlegging a million movies a day. :rolleyes: The man has no sense of reality. He reminds me of Billy Sunday.. Preaching and yelling on a streetcorner to everyone and anyone who walked by with most people wishing he would just shut up. I'd like to say that I can't wait until the people of our generation grow up and start becoming the lawyers and politicians, but by that time I'm sure it'll be a whole new ball game. =-Jippy

  35. Slashdot's getting quicker in its old age... by gotroot801 · · Score: 1
  36. I wonder how far they went. by Vippy · · Score: 1

    To me, this seems like an extension of the Home Audio Recording Act -- to cover digital works. It does not seem (but of course, I have not read the law) to make legal the public domain-style sharing that goes on, ala Napster, Kazaa, etc. Instead, instead, it brings back the old right of, I can record a CD for my friend to listen to, as long as it is not for profit. That was the purpose of the HARA, but it was limited to Analog audio, because they said: "The quality degrades over multiple recordings."

    Woot! I will be happy if I can put a mix on a CD instead of a Tape.

    Useless information: CD Scratched? Paid 20 bucks for it already? Don't buy another. You didn't pay 20 bucks for a piece of plastic, you paid it for the right to play that music whenever you damn well pleased.

    This information has been brought to you by the little guy.

    1. Re:I wonder how far they went. by TrollBridge · · Score: 0
      "CD Scratched? Paid 20 bucks for it already? Don't buy another. You didn't pay 20 bucks for a piece of plastic, you paid it for the right to play that music whenever you damn well pleased."

      Comon, you know damn well that isn't how it works.

      That's like suggesting that your car dealership owes you a new vehicle every time you wreck it, because you paid for the right to drive wherever and whenever you damn well pleased.

      --
      There's a Mercedes gap too. I want one and can't afford one, but it's not government's job to do anything about it.
    2. Re:I wonder how far they went. by Anonymous Coward · · Score: 0

      What he was trying to say is that the MPAA and RIAA consider you to have a license to play the media, and not a license for the media. Kind of like the CD you have for Windows is not the license to use it, it is only media. If you ever subscribe to a Microsoft licensing deal, you get the CD's for all microsoft software as part of the contract (with monthly updates). What you pay for then is just the license through an approved dealer. You can also buy media at cost or manuals for a hefty price.

  37. before you vote... by Urox · · Score: 1

    See my comment posted before this one.

    Do some research on her. She appears really clueless about what she pushes. Don't take my word for it: look up the info yourself and write to her. Check out her website.

    Again, it is not likely this is going to get through: "Lawmakers are wrapping up their business for the year within weeks, and neither measure has any chance of making it through Congress by then."

    --
    "Would you rather have a playstation addicted dork wearing a star wars t-shirt?"
  38. Re: Legal cuisine by loucura! · · Score: 1

    Sure, they may be unjust and spaghetti laws, but the 'Ministry of Love Spaghetti Sauce' that comes with is to die for.

    --
    Black and grey are both shades of white.
  39. Amend DMCA by jvmatthe · · Score: 2
    The bills also would amend a 1998 law, the Digital Millennium Copyright Act, that makes it a crime to circumvent technological protections built in to copyrighted works. Instead, consumers would be allowed to bypass the technology if the intent is to make a copy for personal use.

    That's not good enough. Hopefully they really will admend it to allow for other uses, like using bits of data acquired and used (fairly) in published works, like critical articles or scientific papers. If we're going to amend the DMCA, let's go ahead and get more of it, I say.

    Then again, if too many legislators are going to balk, then I'll take as much as we can get passed. Getting the law off the books this way would be even better than having to deal with the Supes striking it down.
  40. Rights and Responsibilities by pete-classic · · Score: 5, Insightful

    I've said it before, but it bears repeating.

    The issue to me is that they (being the movie and record companies) want to have it both ways. They want to sell me a package that includes a piece of physical media (which I own) and a license to view/listen to what is recorded on that media.

    I don't have a problem with that. What I do have a problem with is the fact that 1. I legally can't back that medium up and 2. if that medium becomes damaged my license to view/listen seems to evaporate.

    Case in point. I irreparably scratched a DVD from Fox (The Phantom Menace). My only recourse is to buy replacement media and a second license to view the movie. Clearly that license is the expensive part. I don't see how this is "fair."

    Bottom line is that IMO when we lost the right to make copies for backup the copyright holders took on the responsibility to do at-cost media replacement, but they aren't living up to that responsibility.

    Of course the bills mentioned in the article would turn the tide back, but neither seem to have any real chance of even coming to a vote.

    -Peter

    1. Re:Rights and Responsibilities by SiliconEntity · · Score: 2

      Case in point. I irreparably scratched a DVD from Fox (The Phantom Menace). My only recourse is to buy replacement media and a second license to view the movie. Clearly that license is the expensive part. I don't see how this is "fair."

      So if we had a DRM system, something like Palladium, you could download that movie, then if your file got corrupted or accidentally deleted, the system could be designed so that you could download it again. You'd only have to pay for it once. That's how some of the music download services work.

      The DRM controls would prevent you from making copies of the movie for other people, so the studio's rights would be protected, while you could be protected against problems like you describe.

      Does this mean you would endorse a DRM system like Palladium?
    2. Re:Rights and Responsibilities by cpt+kangarooski · · Score: 2

      I have a problem with that. I don't want a license. I want to simply own the entire copy. There's little that I cannot do under the auspices of personal property rights that I would need (or be likely to get) a license for.

      Licensure is a really, really, REALLY crappy idea that seriously subverts the policy behind copyright. It should NEVER be supported save under extremely rare circumstances.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    3. Re:Rights and Responsibilities by sporty · · Score: 2

      Does this mean you would endorse a DRM system like Palladium?

      It probably means they should put a unique identifier on each dvd, ala hard drives, and you can have an X-day warantee for replacement.

      --

      -
      ping -f 255.255.255.255 # if only

    4. Re:Rights and Responsibilities by pete-classic · · Score: 2

      Nope, you've added a few other factors to the mix.

      1. It is my freaking hardware.
      2. That isn't really about media backups or replacement.

      So, that is an alternative that would alleviate the "replacement media, replacement license" problem, but it is unacceptable for other reasons.

      -Peter

    5. Re:Rights and Responsibilities by skryche · · Score: 1
      Case in point. I irreparably scratched a DVD from Fox (The Phantom Menace). My only recourse is to buy replacement media and a second license to view the movie.

      Hey, I irreparably scratched my copy of Episode One too! Wait-- buy a replacement? You mean you didn't scratch it on purpose?

      Huh.

    6. Re:Rights and Responsibilities by EvanED · · Score: 2

      Except Palladium fixes the tear in the painting with duct tape. If mostly fixes the problem, but creates numerous others.

    7. Re:Rights and Responsibilities by Anonymous Coward · · Score: 0

      >The issue to me is that they (being the movie and
      >record companies) want to have it both ways. They
      >want to sell me a package that includes a piece of
      >physical media (which I own) and a license to
      >view/listen to what is recorded on that media.

      Ehh, why on earth should you ever need a license to use something you own? Copyright has never (and still don't in most countries at least) prevented someone from using something that is copyrighted (regardless of if you own it or not, although you can get into trouble for using something you don't own of course).

      Similary, if I buy a book, there is nothing that prevents me from reading it for example (heck I can read it even if I don't own the book as long as it is OK with whoever owns it, no copyright involved in that at all).

      One can't both sell something and license it at the same time. Today, books, computer software, CDs and such are sold in shops (you don't go into a shop signing a license, you go in and buy it), the fact that some people want to claim that is not true is irellevant, it is a sale and you end up owning whatever you bought (you obviously does not hold copyright to the content of something you bought though but no one is claiming that).

  41. Pritate This taco by Anonymous Coward · · Score: 0

    j00 will sux0r minen cox0en.

  42. Been there paying for it now :P by Splab · · Score: 2, Interesting

    As said earlier something similar to this exist in Denmark, but the "right" to copy your own material comes at a cost. All media capable of copying digital music movies etc. has now been taxed, you can not obtain a quality cd-r for less then $1 and mostly it's up about $1.5, also the hardware has rissen in price due to this. Now the irony in this is those who copy music etc. for own use arent stealing anything, they already bought the cd dvd or whatever, however the extra taxes are for compensating the loss in music sales (which would happen anyhow), and this money should (at some expenses of course) be given to the artists.
    (strangely enough none of this money is send to programmers, go figrue)

    1. Re:Been there paying for it now :P by El+Camino+SS · · Score: 2

      however the extra taxes are for compensating the loss in music sales (which would happen anyhow), and this money should (at some expenses of course) be given to the artists.

      But how much of it do you think is really going to the artists... I would think very little.

      Honestly, there should be no subsidies for any business because they have a problem with theft. If I lived in a bad neighborhood and had my car stolen all the time, would it be society's fault? Should we all have to pay for their unfortunate situation? In other words, do I deserve to have a "new car tax" put over on all gasoline sales for all people in the city because I "deserve" a new car, and was simply a victim?

      I don't think we need to prop up the music industry... they're doing fine even with the piracy.

    2. Re:Been there paying for it now :P by josh+crawley · · Score: 1

      ---Honestly, there should be no subsidies for any business because they have a problem with theft. If I lived in a bad neighborhood and had my car stolen all the time, would it be society's fault? Should we all have to pay for their unfortunate situation? In other words, do I deserve to have a "new car tax" put over on all gasoline sales for all people in the city because I "deserve" a new car, and was simply a victim?

      You've successfully described socialism and Welfare. "Make everybody pay for my mis-fortune". I look at the similar theft issue to the way of jobs too. "HE STOLE MY JOB!! And now I'm in the poor house". I believe in some sort of a system of tax to subsudise basic life necessities (nothing like we currently have now).

  43. I Just Called To Say.... Thanks! by Milican · · Score: 2

    Just called Representative Lofgren's office to say thanks. Even if you don't vote for her directly you can say thanks too :)

    JOhn

  44. Bill number? Text? by Scutter · · Score: 2

    Anyone happen to have the text of either proposed bill? Or at least the bill number, so when I write my congresscritter, he'll know what I'm talking about?

    --

    "Tell me doctor, with all of your defenses, are there any provisions for an attack by killer bees?"
  45. yah... by Anonymous Coward · · Score: 0

    Yah, you'll be able to use it for personal use. Just how you can legally copy cd's for personal use now (using microsofts junk which only lets you play your files off of the hard drive you riped it to...send it anywhere else, and it won't play.)

    Also, this will be the end of dvd rentals. Yes i know they still rent vhs tapes at blockbuster. I have over 500 copied movies. But dvd's are different, when you copy them you won't lose quality. It won't belong before they sell non-computer dvd-copying equipment as they sell those stupid cd-copy things now. And after those come out, and you want to buy a movie, you have two choices, fork over the 30 bux for a dvd that you've never seen, fork over the 30 bux for a movie that you paid 10 bux in the theaters to watch. Missing is the option to rent the movie, see that it sucks, and not buy it.

  46. Simple... by tgd · · Score: 2

    If your work is good, people will buy it. If it sucks, don't expect the public to subsidize you through the reduction of their rights.

  47. as can be expected by tid242 · · Score: 2
    "You could download a million movies a day, and no penalty for it."

    Well... as can be expected Jack Valenti has completely missed the scope of the intended legislation. His is an issue of enforcement, whereas this piece of legislation is focused solely upon consumer rights. They are separate issues [almost] entirely, although his industry has generally ignored the latter...

    -tid242

    --

    With a few exceptions, secrecy is deeply incompatible with democracy and with science. --Carl Sagan

    1. Re:as can be expected by MadAhab · · Score: 2
      Yes, he did miss the point. But he's such an anti-consumer troglodyte with a history of ridiculous exaggerations and indefensible distortions that I would say that he is not merely mistaken, he is a FUCKING LIAR.

      And it's a sad and disgusting commentary on the state of freedom in the "freest nation on earth" that you need a law to protect the right of citizens to do things that are legal.

      --
      Expanding a vast wasteland since 1996.
  48. Educate the Public by nohup · · Score: 1

    "Lawmakers are wrapping up their business for the year within weeks, and neither measure has any chance of making it through Congress by then. Rather, the bills are aimed at staking out the technology industry's position in a festering dispute that could result in congressional action next year."

    The music industry is surely aware of these proposals as we are, meaning they are going to be spending the time between now next year's session working on ways to thwart proposals like these. I'm sure they have been contemplating ways to control the issue and ally senators to their cause. There is frequent mention on Slashdot about writing to our congressmen to get them to support or reject bills for the consumer good. How many of us really do that? I admit that I haven't taken the time to write out any letters (on paper) anyway. There are so many issues that are brought up every day that aim to threaten our rights as computer users (copyright, patents, etc). Many of the issues are technical and aren't understood by the general public.

    I propose that we as a community start our own campaign to educate the public on issues like these. The more people we can help to understand what's at stake with misguided proposals in congress, the more influence we can have overall. If people really understand what the DMCA is and how it limits their freedom and goes against the things meant to protect the consumer (ie: Fair use, archiving, etc.) They will help us maintain our rights as consumers. If we were to take a poll of people who really understand what the DMCA is and the implications of it, how many people would be in favor of it? I would guess that it is not a majority. How then do bills like these pass? I believe many weren't educated enough to understand the issue to make a reasonable choice about it. This is the point we as a community need to unite on. Letters to congressman may be very helpful as well. Think of all the people we come in contact with everyday, at work, school, etc. We can help them understand these issues. We can write articles and make web pages. We can talk to local media and write letters to the editors. We can make our presence known. Any of these people that we could educate could become allies in our cause. If our voice is heard, congress will respond accordingly.

  49. You are WAY off base. by Eric+Damron · · Score: 2

    "It is our duty as citizens to disobey unjust laws and to push them through the judicial system to the Supreme Court. It is counterproductive to that duty to prop up the unjust laws with exceptions and clarifications."

    I agree with most of your post the above quote is WAY WRONG!

    It is never our duty to disobey laws. Period. End of story. It is our duty to work to change unjust laws.

    The problem with telling people to disobey laws that they feel are unjust is that often this is a subjective call. What I consider unjust you may not. It is truly irresponsible to suggest that people disobey laws that they don't like.

    --
    The race isn't always to the swift... but that's the way to bet!
    1. Re:You are WAY off base. by Elladan · · Score: 1

      Of course it's your duty to disobey some laws.

      One obvious, and unarguable example of this, is when a law is not a law.

      For instance, when congress passes a law stating that it's illegal to publish an article in a newspaper, that law is not a law in the USA. It's just some meaningless verbiage they spewed out on paper to show their own incompetence. Why? Because the constitution says they can't do that.

      Now, the cops can arrest you for that, but in doing so, they're themselves violating the law by performing a false arrest. (It so happens that they can't be punished for it, but in effect, they are). Now, obviously, if everyone cowered in fear from the big mean police and never attempted to utilize their rights, it would be as if those rights didn't exist. So clearly, you have the duty to disobey, or at least (if the issue is irrelevant to you) simply ignore an illegal law.

      Now, as for a simply unjust law, things aren't quite so obvious since it's certainly possible that a law is legal, but simply absurd. But then, you have to consider that laws are made by people, and can say anything at all. There are no inherent checks on them - so clearly, not all laws should be, or can be, obeyed. For instance, a law ordering you to rob your neighbors and give their property to your local police department is one you have a duty to disobey, even if it wasn't obviously illegal. Er, oh wait, that's basically what the RICO laws state, and the supreme court found them to be within the law. I guess that law actually is legal. Should you obey it?

    2. Re:You are WAY off base. by cpt+kangarooski · · Score: 1

      Meh. It's not irresponsible, especially. You're still responsible for your own actions in disregarding the law. He _isn't_ unless it's an immediate incitement likely to cause that result. (which it wasn't IMO)

      Besides, he's right, at least sometimes. If the gov't passed a law that said, for example, that Islam was an illegal religion, that statute is not in fact the law, though it might take some time for it to actually be overturned. (in that case, probably only days)

      If he feels that this law is unconstitutional, then breaking it is perfectly acceptable even PRIOR to it being overturned, for the gov't never had that power in the first place.

      Even for a proper law, I don't think that it's a terrible thing. If it's so damned important that you not break it then there will be consequences. If not, then perhaps it was a successful method of political speech, as has been amply illustrated by the likes of Gandhi and Martin Luther King.

      It's subjective, sure, but is that so dangerous that you'd rather labor under the yoke of injustice? It depends on the situation, but if it were egregious, I would simply break the law, the better to fight it.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    3. Re:You are WAY off base. by Anonymous Coward · · Score: 0

      How about this: a law is passed saying that if you're of a certain race or heritage, you are to be rounded up and sent to special camps. Or maybe the mayor of each city gets the right of Prima Nocte with every bride.

      Are you saying that it's not your duty as a citizen to resist and disobey laws that violate your inalienable, human rights?

      "Don't worry, Grandma, while you're rotting in that camp, I'll be pleading with the uncaring government to get you out!"

      "OK, honey, please go submit to this nice man while I file a legal appeal. See you tomorrow bright and early!"

      Please, stop talking already. Oh, and Rosa Parks should get to the back of the bus with the other niggers, right? Cripes. You're an idiot.

    4. Re:You are WAY off base. by MorePower · · Score: 1

      I have to strongly disagree with your disagreement. Following the law instead of your concience is one of the MAJOR problems with our society. The only thing truely legitamizing laws is the legal system itself. Irresonsibly following all laws just lends more legitamacy to this rule of law system.

      There should be subjective calls and disagreements between people. When they can't be resolved, an unbiased judge will be needed to sort them out.

      I understand why, historically, laws were seen as necessary, as without them, people could widely abuse subjectivity to excuse anything. It also provides a more predictable framework for knowing the consequences of your actions when you might find yourself in front of a judge.

      I suppose a system of laws may be the lesser of two evils here, but I reject outright that laws should always be followed, in all cases, even when you strongly disagree with them.

    5. Re:You are WAY off base. by ronfar · · Score: 1
      I never obey laws that I don't like unless I'm coerced by being frightened of the consequences of disobeying those laws. If an idiotic law is passed that doesn't make any sense is passed then the State must do two things to get me to obey it:

      1. They have to actually enforce it.

      2. They have to attach scary penalties to it.

      I don't disobey very many laws, if any (far be it from me to admit to illegal activities in a public forum). However, when I do, it is because they are laws that any thinking person knows are either nonsense or evil.

      We used to have some really wonderful laws in this country like The Fugitive Slave Act or the Executive order which required the Internment of Japanese Americans. These laws were evil. People who didn't help enforce them and actively disobeyed them were brave and noble.

      You seem to have substituted a sense of right and wrong for blind State-worship.

      --
      All the creatures will die, And all the things will be broken. That's the law of samurai. (Jubai, 1605)
    6. Re:You are WAY off base. by bnenning · · Score: 2
      It is never our duty to disobey laws.


      Three words: Fugitive Slave Act.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    7. Re:You are WAY off base. by fialar · · Score: 2

      No. You are way off base.
      Disobeying laws are what made this country great.
      Boston tea party ring any bell?
      Another poster cited the "Fugitive Slave Act".
      Also an excellent example.

      Perhaps you need to go back to your history books and find out what it truly means to be an American.

      "To announce that there must be no criticism of the President, or that we are to stand by the President, right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public."

      Theodore Roosevelt (1918)

  50. DMCA and Bono Act were bipartisan by yerricde · · Score: 3, Interesting

    So Clinton was a republican? He signed [the Digital Millennium Copyright Act] into law

    The DMCA and the Bono Act were both enacted by a voice vote of both houses of Congress; the bills had so much bipartisan support that nobody opposed either measure enough to bring it to a full recorded vote. Had then-President Clinton vetoed them, Congress would havejust passed the bills over Clinton's veto with a 2/3 majority of both houses.

    --
    Will I retire or break 10K?
    1. Re:DMCA and Bono Act were bipartisan by Anonymous Coward · · Score: 0

      Wow, thanks for explaining that. But he still didn't veto it.

    2. Re:DMCA and Bono Act were bipartisan by Anonymous Coward · · Score: 0

      The DMCA and the Bono Act were both enacted by a voice vote of both houses of Congress

      Not possible. The Senate ALWAYS votes by roll call on legislation.

    3. Re:DMCA and Bono Act were bipartisan by Anonymous Coward · · Score: 0
      Ok, Mr. 8th grade civics...

      If he didn't want to sign the bill into law, and didn't want to face the embarrassment of having his veto rolled over, why didn't he simply "pocket veto" the bill?

      It would have become law, yet he would not have had to sign it. It's a long overlooked option that the President has to express his displeasure with a particular piece of legislation in spite of overwhelming support by the Congress.

      Fact is, he signed it. Clinton was no champion for our rights. If you need further proof, look at his choice for Attorney General.

      (Not saying that Ashcroft is all that great... Just pointing out that Janet Reno was, at the time, the most dangerous man in America.)

  51. Space Shifting Question by coldmist · · Score: 2, Insightful

    Here's a question that I've been pondering for a little while:

    Since we are so forcefully asserting our right to space-shift music from CDs to mp3s, DVDs to mpeg files, etc, what about books? If you own a physical copy of a book, then why can't you also have an electronic copy to read on breaks while at work, etc?

    On the "copyright page" of all new books, they are stating that you can't make any copy of the book, even for archival purposes.

    If I can convert music tracks on a CD to mp3, then why can't I scan in a book and have an electronic copy (space shifting) to keep on my laptop's hard drive?

    Just a question.

    --
    Don't steal. The government hates competition.
    1. Re:Space Shifting Question by Anonymous Coward · · Score: 0

      many cds say you cant lend it to other people

      doesnt mean anything, because they have no right to assert this.

      just like, by reading this book you agree to give me your first born.

    2. Re:Space Shifting Question by Anonymous Coward · · Score: 0

      Just because they say it on a front page, doesn't make it so.

    3. Re:Space Shifting Question by Anonymous Coward · · Score: 0
      Except copyright law does give them that right.
      Notwithstanding the provisions of subsection (a), unless authorized by the owners of copyright in the sound recording or the owner of copyright in a computer program (including any tape, disk, or other medium embodying such program), and in the case of a sound recording in the musical works embodied therein, neither the owner of a particular phonorecord nor any person in possession of a particular copy of a computer program (including any tape, disk, or other medium embodying such program), may, for the purposes of direct or indirect commercial advantage, dispose of, or authorize the disposal of, the possession of that phonorecord or computer program (including any tape, disk, or other medium embodying such program) by rental, lease, or lending, or by any other act or practice in the nature of rental, lease, or lending.
    4. Re:Space Shifting Question by Anonymous Coward · · Score: 0

      The copyright page is wrong, plain and simple. You can't distribute the copies, that is what is illegal. Copyright is a monopoly granted on the rights to distribution of a work and to create derivative works...I can draw Mickey Mouse all I want, in all the ways Disney would hate, but I can't legaly give them away or show them to anyone :P

      So, if you can put up with the result of scanning a book into the computer then you are free to do so as long as you do not share that copy with anyone. Where it becomes questionable in my mind is when you lend or give or sell the origional copy...

      NR

  52. Umm, wrong by anthony_dipierro · · Score: 2

    "This would not authorize someone taking their digital content and sharing it with a million of their best friends," Lofgren said in an interview Tuesday. Instead of creating new rights for consumers, she said, her bill would ensure that "the rights they have in the analog world, they have in digital."

    That's funny, I thought I had the right (under the audio home recording act) to take my audio casette and share it with a milion of my best friends.

  53. Personal Use by mdechene · · Score: 1

    The bills also would amend a 1998 law, the Digital Millennium Copyright Act, that makes it a crime to circumvent technological protections built in to copyrighted works. Instead, consumers would be allowed to bypass the technology if the intent is to make a copy for personal use.

    Does this mean I can finally take my camcorder into the cinema to make a copy for personal use?

    --

    Karma: Not Particularly Funny.
    1. Re:Personal Use by Anonymous Coward · · Score: 0

      well since you are not buy the film, no

      you are paying for the experience of the theater as a whole.

      the entire purpose of a theater is to see it once per ticket. dvds are to have that movie forever.

    2. Re:Personal Use by mdechene · · Score: 1

      Oh boy....it's a joke....get it?

      --

      Karma: Not Particularly Funny.
    3. Re:Personal Use by Anonymous Coward · · Score: 0

      you should be able to if you paid for the ticket

  54. Fair Use section of copyright code by Eppie · · Score: 1

    Sec. 107. - Limitations on exclusive rights: Fair use

    Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -

    (1)

    the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

    (2)

    the nature of the copyrighted work;

    (3)

    the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

    (4)

    the effect of the use upon the potential market for or value of the copyrighted work.

    The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors

  55. Valenti's twisted logic by gosand · · Score: 3, Insightful
    ``This would not authorize someone taking their digital content and sharing it with a million of their best friends,'' Lofgren said in an interview Tuesday. Instead of creating new rights for consumers, she said, her bill would ensure that ``the rights they have in the analog world, they have in digital.''

    Jack Valenti sees this as:

    ``If this bill were to pass, it would render ineffective, worthless and useless any protection measure we would have in place to protect a $100 million movie,'' Jack Valenti, president of the Motion Picture Association of America, said of the Lofgren bill. ``You could download a million movies a day, and no penalty for it.''

    I think it is still illegal to distribute copyrighted works. The difference is, the DMCA makes fair-use illegal. This bill is to make fair-use legal (which should be legal anyway, but the DMCA is so vague it disallows it). The purpose of this bill is not to address the illegal uses of digital media, but to ensure the legal uses remain legal. The problem with Jack Valenti is that he has sold his soul and cannot see these things clearly. He does not want the public to have any fair-use, he and the big companies want to abolish fair-use.

    Nobody is really saying "people should be able to illegally distribute media" they are saying "don't deny us our legal rights just to enforce these laws". If there was some magic technology that would allow me fair-use to my digital media yet not allow me to illegally distribute it, I would be all for it. I don't have a problem paying for things, I have a problem with companies making me pay for things when I shouldn't have to, or preventing me from using things I have already paid for.

    --

    My beliefs do not require that you agree with them.

    1. Re:Valenti's twisted logic by yuri+benjamin · · Score: 1

      If there was some magic technology that would allow me fair-use to my digital media yet not allow me to illegally distribute it, I would be all for it.

      AFAIK that is what DRM tries to be, or claims to be, or claims to try to be.

      In any case, the pushers of DRM will use your stated desire, which I have quoted above, to justify DRM.

      --
      You make the mistake of thinking you can educate the fundamental stupidity out of people. You can't.
  56. Top 11 Rejected Slogans for Palladium by bizitch · · Score: 0, Offtopic

    11. We just want to get to know you better.
    10. Less network traffic means faster Internet.
    9. From the people who brought you Xenix, Multiplan and Bob.
    8. Exposing you to the world in a bold, new way.
    7. Security: No longer just for big iron.
    6. Now endorsed by Bill Gates.
    5. Not just for chemists anymore.
    4. Secure data collection and distribution.
    3. We already have your info, just give us the password to make things official.
    2. Where do we want you to go today?
    1. This time you can trust us. No, seriously. C'mon, stop laughing

    --
    ---- "Logoff! That cookie shit makes me nervous!" - A. Soprano
  57. CBDTPA required fair use by yerricde · · Score: 2

    [Protecting fair use is] what Hollings thought he was doing?

    Yes. His CBDTPA bill would impose stiff penalties of up to $2,500 per copy on publishers who encoded copies of copyrighted works so as to prohibit fair use as defined in 17 USC 107.

    --
    Will I retire or break 10K?
  58. Way to go, Lofgren and Boucher by McCart42 · · Score: 2
    Rep. Zoe Lofgren, D-San Jose, plans today to introduce the ``Digital Choice and Freedom Act,'' Silicon Valley's response to a host of Hollywood-backed bills tilted in favor of copyright holders.

    Lofgren's bill would ensure consumers can copy CDs, DVDs and other digital works for personal use, just as they now do with TV shows and audio tapes.

    ``This would not authorize someone taking their digital content and sharing it with a million of their best friends,'' Lofgren said in an interview Tuesday. Instead of creating new rights for consumers, she said, her bill would ensure that ``the rights they have in the analog world, they have in digital.''

    Rep. Rick Boucher, D-Va., plans to introduce similar legislation Thursday.

    First of all, it's been said before and I'll say it again: Boucher and Lofgren really have their heads screwed on right. Second, I feel very insignificant with a circle of friends ORDERS OF MAGNITUDE fewer than the "millions" of friends movie swappers are purported to have.
    --
    "I may be quite wrong." - Socrates
  59. Prilosec by sdjunky · · Score: 1, Offtopic

    The article talks about how companies are trying to extend patents.

    This is a link to an NPR transcript where they talk about how the company that makes Prilosec is even using the patent on "...the proprietary coating of the purple pill" to stop generics of the pill from entering the market even after it's own patents have expired.

  60. Will programmers still be thrown in jail? by HillClimber · · Score: 5, Insightful

    Supposedly consumers will be allowed to circumvent copy protection for fair use. Great! But what about the programmers? Does each consumer have to write their own software cracker? Will creating a decoder or unlocker designed for fair use still get you thrown in jail?

    1. Re:Will programmers still be thrown in jail? by seaan · · Score: 2

      Nope, the bill adds a provision that allows distrubtion of "cracking programs" if the conditions are met (non-infriging use is blocked by copy protection, and the copyright owner does not provide an alterntaive method of enabling the use). All in all, this is a well written bill.

      PS: Except for that "perfect digital copy" part, see my other post.

  61. I'm switching to this guy's ISP.... by SofaKingdom · · Score: 1, Funny

    Jack Valenti, president of the Motion Picture Association of America, said of the Lofgren bill. ``You could download a million movies a day, and no penalty for it.''

  62. Jack Valenti makes me laugh by AdTropis · · Score: 1

    after reading this article i feel a bit better about Jack Valenti. from the article, Rep. Zoe Lofgren is quoted:

    This would not authorize someone taking their digital content and sharing it with a million of their best friends

    Valenti's response:

    If this bill were to pass, it would render ineffective, worthless and useless any protection measure we would have in place to protect a $100 million movie ... You could download a million movies a day, and no penalty for it.

    it is apparent that Mr Valenti has some sort of problem understanding exactly what the words "not authorize" mean together. so that makes me think that maybe we have misunderstood him all this time. maybe what he really wants to say is what we want to hear, but he just doesn't know what words to use...

    ... then again, i could be wrong.

  63. Been there, done that, won't stop now by greyfeld · · Score: 2, Insightful
    I haven't been on this planet for very long, but I've experienced quite a bit of piracy in the past 30 years and here's a quick recap of some of those experiences.

    Age 12 - My mother, never one to be really interested in music at all, acquires an 8-track tape player. She soon discovers that there is a store - yes a legitimate business here folks - where you can walk in, select the 8-track of your choice and bring it to the counter and for a meager $4 they will make you a copy in less than 2 minutes. Did I say copy, damn right! They had several high speed 8-track duplicators sitting right behind the counter. These guys were printing money and you had to shove your way to the counter on several occaisions we visited. There was nothing like getting that crappy Neil Diamond record for only $4.00 and my mom was hooked.

    This lasted for several months before they were shut down - hmm...wonder how that happened. But not before the whole town was rocking and rolling with these illegal copies. So let's go skip to the next track here.

    Age 16 - Mom finally breaks down and let's me get a stereo - receiver, big ass speakers and record player. A few months later I discover cassette tapes, man I gotta get one of those!! So I acquire a cassette tape recorder and some blanks. Hey guys, can I borrow your LP of Styx or that new Van Halen. I hear they're smoking! We traded LP's and cassettes back and forth for years - I think if I opened all the boxes of tapes I have laying around there must be at least 500 blanks I recorded at one time or another.

    Fast forward to 1984, CD's are looking like the next big thing, great sound, compact, portable, wow. So I get a CD player! Guess what, I still have that tape deck too. Ooh that Pink Floyd - Dark Side of the Moon CD sounds so much better on CD (wonder if they'd really have ever sold anymore of that one if it hadn't been remastered on CD) gotta borrow it and tape it off.

    We really hadn't thought of duplicating a CD onto another CD at that time, PC's just couldn't deal with the amount of data and commercial duplicator's were way too expensive. But boy those record companies were really raking it in! $17 bucks for Dark Side of the Moon and guess what - they don't have to spend any more on art work, the artist, recording or any of that crap, but they can sell it to you all over again! Now who was printing the money. They were laughing all the way to the bank!

    About this time, I walk into my neighborhood video store and guess what - yeah that's right I can rent the latest audio CD's from them for $1.00 a day. I did a double take and thought to myself - I want that one and that one and hey that looks good too. I taped like there was no tomorrow. Why spend $17 on a new CD when I could get 13 on tape after buying the blanks. I had more music than I could possibly listen to - still do for that matter. And now the record companies were starting to feel the pinch from home taping so they got Congress to enact the taping tax on blanks. The bastards!

    About this time I started working at a radio station - reviewing records. "Hey, Sire how about sending out copies of that new Talking Heads album for us to give away and anything new you might have going so we can play it out here." I was in taping heaven - a direct fix from the record companies on an almost daily basis. I didn't have to rent it anymore because they would just send it to me and pay the postage too. I was taping things almost 12 hours a day, there was always something laying around that looked interesting. God I loved that job!

    It really wasn't until about '98 that CD-burners and the internet caught up with the record companies technology. While they were too busy counting their profits to invent new technology to prevent this, THE PEOPLE got tired of paying the same $17 for a cd they now know costs about a quarter to make. Now we could make a perfect digital copy - in the privacy of our own homes. Hey dude, can I borrow that Floyd disc again - I just got a burner. It was no different with software and porn - burning night and day, while asleep, while at work. And by the way, where are the porn and game developer people in this debate, how come they aren't right up there on the front row screaming with the rest of them, "They're stealing my god damn avi's of Brittany naked!!"

    Now with the advent of compression schemes like MP3, we can steal that song in seconds. Ooh there's that Dark Side of the Moon track on MP3. Yeah I know I own 3 copies (lp, cassette, CD and soon to be DVD video) of the damn record already and I'm too lazy to rip it, just download it and be done with it.

    You know where I'm getting most of my CD's to burn these days? The freakin' public library!! Oh yeah and there's that cool DVD I've been wanting but didn't want to shell out $25 for, I think I'll check it out and rip that over to VCD too. I can keep it for a week, no problem, thanks. And now with shn, you can compress the tracks and not worry about quality loss like with MP3. Watch out BMG, I'm coming for your whole damn catalogue next!

    I guess the point of this whole rant is that we've been stealing your music for years and you're still making plenty of money. Get over it! We will find a way to do it. It's human nature to rise to that challenge. It's the little kid in all of us that likes to do exactly what he's told not to do just to be rebelious. And besides, 90% of the stuff I taped was CRAP. I listened to it maybe once. I look through it now and it's like, "man why did you tape that shit."

    The record moguls need to worry less about us copying their music and more about coming up with a replacement for the CD. And besides, me and millions of others that have been downsized/layed off and otherwise unemployed think there is currently a recession going on - that couldn't be the cause of a drop in cd sales now could it??? They got themselves into this mess with their new technology and that's the only way they are going to get out. Like Janis Ian said, they need to come up with something that is so far beyond our computer's power to duplicate, so far beyond consumer electronics and so superior to compact discs that we can't say no. That's the only way out for them.

    Laws are made to be broken. And besides, I bet they find that they are going to get hacked a whole bunch more than they will ever be able to hack us consumers. What a pea-brained idea anyway! This was probably the second great idea of the guy who thought up the copy protection scheme you can defeat with a sharpie!

    Sorry, the mail man just delivered those VCD's of the Rush - Vapor Trails tour show on 8/24/02 in Colorado I traded for, gotta go check it out. Oh yeah, and what are they going to start doing now, checking my mail? Give me a break and get a life you RIAA idiots!

  64. Protecting Your DRM Rights?? by neoform · · Score: 2, Funny

    that doesn't even mean anything!

    "Protecting your digital rights management rights."

    --
    MABASPLOOM!
    1. Re:Protecting Your DRM Rights?? by Anonymous Coward · · Score: 0

      kinda like my professor who swears that a network card is a 'NIC card'

      makes one want to pull out their hair

  65. How do you pay the songwriter? by yerricde · · Score: 2

    Who is going to protect my right(I'm a recording artist) to make a living off of my work?

    You too should be pushing for shorter copyright terms because underlying musical works do not come cheap. You can't give out free samples of your songs on the Internet because the songwriter wants a dime per copy. You can't write your own music because most of the 47,000 possible melodic hooks are taken.

    --
    Will I retire or break 10K?
    1. Re:How do you pay the songwriter? by beowulfcluster · · Score: 1

      The article says 'Assume ... a judge will distinguish three distinct note durations (which roughly correspond to eighth, quarter, and half).' I guess it's fine to restrict yourself to the western scale if you're talking about 'RIAA music' but restricting yourself to just 3 durations will mean you miss quite a lot. Just by adding whole and sixteenth notes you get 216000 melodies, and 32nd notes (Yngwie Malmsteen still plays guitar) you get 373248. And then there are triplet variations of the notes. You only get the 46,656 number if you assume there's only three durations but as the article says, a rich lobby could try to do that, and also reduce the intervals to 7 and durations to 1 to get even fewer. But since all pop music comes from the blues (a lobby could argue ;)) why not reduce the intervals to 5 and end up with just 125 possible melodies? I just felt I should suggest (since you seem to like to refer to that article) adding a little something saying the 47000 possible melodies is only correct with some (dubious) assumptions made, not cold hard fact.

  66. Democrats more tech savy than GOP by kev0153 · · Score: 1

    I see that all of these bills both for and against copying, DRM etc were put forth by Democrats. Does this mean that Democrats are more "with it" when it comes to technology than there more conservative counterparts the Republicans?

    1. Re:Democrats more tech savy than GOP by interstellar_donkey · · Score: 2

      Of course they are. Al Gore (D) invented the Internet afterall!

      In reality I couldn't say which party is more with it, but as a general rule it seems that the dems at least understand the technology a little better.

      This just strikes me as odd considering so many Hollywood types seem to be linked closer with democrats then republicans.

      --
      The Internet is generally stupid
    2. Re:Democrats more tech savy than GOP by bnenning · · Score: 2
      it seems that the dems at least understand the technology a little better


      It's hard to say, but you're probably right. Not that this is always a benefit, since this can lead them to decide that they have enough understanding to set policy when they don't (e.g. Clipper Chip). As they say, a little knowledge can be a dangerous thing.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
  67. Re:Because we all know what is about to happen.... by tomhudson · · Score: 2
    Hey guys, loosen up.

    He or she didn't post as an A.C.

    He or she apologized for the lack of formatting

    He or she has only posted 30-odd comments, and is still learning.

    Re: my use of He or she - most people don't use their real name (I'm an exception) so gender is pretty hard to tell, not that people don't lie on the net anyway....

    Best regards, Tom

  68. The ninth amendment protects you by TomatoMan · · Score: 3, Informative
    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
    Unless they repeal the ninth amendment, we should be OK.

    > I'd prefer to have the default be "of course we have this right, because it's not explicitly listed as a right that's not allowed".

    That IS the default as I understand it. That doesn't mean that a law backing up and clarifying a grey area that's very much under assault from the other side is a bad idea. I'm all for it.
    --
    -- http://frobnosticate.com
    1. Re:The ninth amendment protects you by jaaron · · Score: 2

      That IS the default as I understand it. That doesn't mean that a law backing up and clarifying a grey area that's very much under assault from the other side is a bad idea. I'm all for it.

      I don't know. That's a very slippy slope you're talking about there. Determining "grey areas" is the responsibility of the courts, not the responsibility of the legislative branch (i.e.-congress).

      --
      Who said Freedom was Fair?
    2. Re:The ninth amendment protects you by zbuffered · · Score: 1

      Yes, but this law's purpose is such:
      You have the right until it's taken away from you.
      DMCA takes this right away in some circumstances.
      This law gives the right back, for all foreseeable circumstances.

      --
      Synergy is your friend
  69. I am not a lawyer, but... by Anonymous Coward · · Score: 0

    My understanding was that European law granted that right already.

    Not much use if you're in the U.S.A. I guess, though :-)

  70. Re:millions by LarsG · · Score: 2

    Yes, that's right Jack.. And when VCR's came out, we were in the theaters bootlegging a million movies a day. :rolleyes:

    Reading the hill hearings and movie exec testimony around the time of the Betamax case produce a heavy feeling of déjà vü. Most - if not all - of the arguments used now were used then also. The only difference is that they were playing on anti-jap sentiments then while they are attacking spotty teen-age swashbuckling pirate nerds today. (video tapes will magically be able to store 100 hours of video, fast-forward through commercials is theft, people won't go to the cinema no more, etc...)

    --
    If J.K.R wrote Windows: Puteulanus fenestra mortalis!
  71. Springboard for more restrictive legislation? by Eusebo · · Score: 1

    I can see it now...

    RIAA: Now that we consumers are protected by fair use, we feel that we are entitled to protect our works.

    If this passes, doesn't anyone else think it will be followed by further attempts to leagalize P2P hacking? Kind of along the lines of "now that the RIAA has given consessions to consumers, now they expect the 'favor' returned"

    --
    It is quite simple
    Haiku should not be funny
    Try a Senryu
  72. Valenti = idiot? by techstar25 · · Score: 2

    According to the article, when describing the bill, Rep. Lofgren says "This would not authorize someone taking their digital content and sharing it with a million of their best friends."

    Then later in the article Jack Valenti is quoted as saying "If this bill were to pass, it would render ineffective, worthless and useless any protection measure we would have in place to protect a $100 million movie. You could download a million movies a day, and no penalty for it."

    Is Valenti just an idiot? Why would someone in such a public position such as his make a statement like that without knowing the facts first? Good job, Jack, you have just now officially proven what we speculated all along, that you are not above LYING to sway the public to your cause.

    1. Re:Valenti = idiot? by davidstrauss · · Score: 1

      "Valenti = idiot;" just makes Valenti an idiot.
      "Valenti == idiot;" shows that he already is one.
      What you mean is "Valenti idiot", unless he's so bad that he overflows on the negative side and comes out as a genius.

    2. Re:Valenti = idiot? by davidstrauss · · Score: 1

      Just add a less-than sign between the last Valenti and idiot to make the comment make sense.

  73. Call To Action! by boskone · · Score: 2, Insightful

    If you think this bill is a good idea, get out there immediately to http://www.house.gov/house/MemberWWW.html and write your representative. It only takes a few minutes total.

    I can't find the bill yet on the house website, but don't let that stop you, just reference Rep. Zoe Lofgren, ``Digital Choice and Freedom Act,'' or find out what Boucher's bill will be called and support that.

    As usual, sending a brief, logical, and courteous message is the way to get their attention. And please, don't bother to contact Lofgren and Boucher on this, contact YOUR representatives.

  74. full text by Urox · · Score: 2, Informative

    From:"Congresswoman Zoe Lofgren"
    To: <luthien3 AT juno DOT com>
    Subject:Response from Congresswoman Zoe Lofgren
    Date:Tue, 30 Jul 2002 09:52:54 -0400
    July 19, 2002
    Mr. L. Williams <I'm female, damnit! Guess she hasn't read LOTR and heard about the female character LUTHIEN!>
    <Address removed to protect me!>
    San Jose, CA
    Dear Mr. Williams:

    Thank you for your email expressing your concerns about Cyber Security Enhancement Act of 2002, H.R. 3482. I appreciate the chance to hear from you about this legislation, which passed the House on July 15 and has been sent to the Senate.

    As a member of the House Judiciary Committee that marked up this bill in May, I can assure that the Committee took care to ensure that civil liberties are protected in this legislation. At our hearing on the bill, Alan Davidson, Associate Director at the Center for Democracy and Technology (CDT), a Washington non-profit seeking to protect civil liberties on the Internet testified that his organization, "commends this Committee for holding this hearing, and for the relatively measured approach taken in H.R. 3482. We agree that computer crime and security is a serious problem that requires serious Government response."

    Regarding your concerns about Section 108, I would note that this section in no way changes the limitations under current law on the emergency use of pen registers and trap and trace devises. A Government official can only authorize emergency use of a "pen/trap" if there are grounds upon
    which a court could enter such a pen/trap order, and only then for 48 hours, after which time continued surveillance is illegal. Please also note that H.R. 3482 does not expand use of full-content wiretaps, which are far more invasive that pen/traps. These more limited devices provide information about the destination and source of information, but not its content.

    As we enhance cyber security to protect our vital infrastructure against both terrorists and the type of high-tech vandals who crashed Yahoo in February 2000, I agree with you that civil liberties must be protected. Please do not hesitate to contact me again with your concerns, as I can benefit from hearing your views.

    Sincerely,

    Zoe Lofgren
    Member of Congress

    ZL:ad

    <I've since looked at her webpage and she has more information but seems to have "omitted" that she was responsible for being on the committee to help push this bill through. Now the congressman I *really* like is Mike Honda who had good explanations on his webpage such as this statement on why god shouldn't be in the pledge and why he voted against it:
    http://www.house.gov/honda/InCongress/pledge. html
    >

    --
    "Would you rather have a playstation addicted dork wearing a star wars t-shirt?"
  75. "under penalty of law" by LittleGuy · · Score: 2

    ....a new bill in Congress that will, if passed, mean that consumers can copy CDs, DVDs and other digital works for personal use, just as they now do with TV shows and audio tapes. ."

    The bad news is that it will prosecute consumers who rip off that tag on the bottom of the matress.

    --
    Mod Karma -1: I sed bad wurds. If I cep my mouf shut, I wud be at riyses.
  76. What's the best way to support this? by Rai · · Score: 1

    Okay, from some of the comments, I know a lot of you feel this bill isn't perfect (what bill is?), but it's better than nothing, right? I don't mean to compromise, but in world where our consumer rights are being attacked everyday, I think we should take what we can get for the present while still fighting for the future. Of course, the perfect solution is to repeal the DMCA and prevent any laws like the SSSCA/CBDTPA from being passed, but since we haven't arrived in a perfect world yet, isn't supporting this bill and others like it, the best current solution?

    Now, I ask what's the best way to support it?

  77. How it works in Denmark by Anonymous Coward · · Score: 0

    The article is not very detailed about the actual bill, but it sounds like it's going to be similar to the copyright laws we have in my country.

    Here you are allowed to make a copy of a movie or CD for personal use, though there are some restrictions. You are not allowed to use help from other people to make the copy (i.e., you cannot get a friend to make it for you), and you are not allowed to use public accessible equipment for making the copy (i.e., you cannot use the library's computer to make a copy of the CD you just borrowed there).

    The rules for software is different though, you are only allowed to make backups of your own software.

    Nothing is perfekt though. We have the highest tax in the world on CD-R's and memory media. Every time you buy a CD-R or a 64MB CompactFlash, around $0.6 goes right to the music industry. Not quite fair, since many CD-R's and in particular CompactFlash are used for a lot of things other than storing music.

    Apart from that, i think the laws is quite fair. The industry also sticks to complaining about the illegal piracy, not the laws, probably because no one would listen to them anyways.

    Anyway, best of luck to you americans, and your new bill. Maybe even your congress will see the light one day!

  78. How does this work with new digital media legis... by dpilot · · Score: 2

    ...lation?

    From what I understand, in 2006 when we all MUST use digital TV, Hollywood will have completely reworked what the VCR is capable of. I've heard of some strange restrictions and don't know what is true, but it sounds as if a digital VCR will be nowhere near as "versatile" for consumers as today's analog VCR.

    --
    The living have better things to do than to continue hating the dead.
  79. Bad grammer in the title by t_allardyce · · Score: 1

    Protecting Your Digital Restrictions Mechanisms Rights...?

    How does this make any sense, do DRM systems now count as life-forms with rights? This is just a plot - when they start implementing hampsters that are glued to DVDs, trained to bite you if you try to copy the media, we wont be able to do anything because now they'll have 'rights' too. We wont be able to crack DRM systems because that will be a violation of privacy rights. First they want to stick Digital Restriction Mechanisms on us and now they want to give these things rights too??

    --
    This comment does not represent the views or opinions of the user.
  80. Only if they profit off it by anthony_dipierro · · Score: 1

    Does each consumer have to write their own software cracker?

    Oh c'mon. I have a copy of DeCSS. It wasn't that hard to get.

    Will creating a decoder or unlocker designed for fair use still get you thrown in jail?

    Nah, I doubt creation for personal use is considered manufacture.

  81. I'd like to take this time... by droid_rage · · Score: 1

    To point out that the capital D after Fritz Hollings' name means that he's a democrat. Dem's are fucking us just as bad as Rep's.

    1. Re:I'd like to take this time... by Anonymous Coward · · Score: 0

      To point out that the capital D after Fritz Hollings' [senate.gov] name means that he's a democrat. Dem's are fucking us just as bad as Rep's.

      Just as bad? Try worse. Never every tyrannical law passed in the past two decades has been introduced and passed by Democrats. There have occasionally been Republican co-sponsors, but not authors of such legislation. That "civil libertarians" continue to vote Democratic only shows the wealth of ignorance and the natural inclination towards slavery that is almost universally possessed by members of that party.

  82. Fair Use Ammo... by Anonvmous+Coward · · Score: 4, Interesting

    I think Hollywood has the idea that if one can copy a DVD, they're just going to give it away bla blah blah. I don't think they've considered that their own talent pool makes good use of copying technology i.e. ripping.

    I'll give you an example: I know some peeps who are learning to do 3D rendering and animation. One test of their skills is to see how convincing they can recreate a scene from a movie. For example: Star Trek First Contact. That movie had some scenes shot using studio models of the Enterprise and other ships. One of these guys had a nice mesh of the Enterprise, then he wanted to perfectly recreate the lighting used on the studio model in the movie.

    What he did was he bought a copy of the First Contact DVD, then he did a few screen-grabs on his PC. He had very clean pictures to use as reference. Using these images, he started figuring out where the studio lights were placed, and what effects he needed to achieve to minimize the differences. He gained some serious experience in learning how to realistically light a CG model to imitate a 3D model.

    Is this an important skill in Hollywood? Oh most definitely! It is a frequent thing to cut from motion control model rigs to CG models. The better the lighting on the mesh, the less startling it is to go from model to CG. (Lost in Space comes to mind...)

    This guy was legitimately copying from DVD to improve his talent, and Hollywood may one day hire him for it. However, if Hollywood had their way, he'd have no way to take screen grabs or download the video to his computer for further study. I don't think they have any idea how much damage they may end up doing to the next generation of their talent pool.

    1. Re:Fair Use Ammo... by Alsee · · Score: 2

      how much damage they may end up doing to the next generation of their talent pool.

      I can't seem to find that listed on this quarter's balance sheet. I really wish you'd stop trying to distract me with things that don't exist.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    2. Re:Fair Use Ammo... by Kanasta · · Score: 2

      Well, so they destroy their next gen talent.

      This means they don't have anyone good to hire, not that they'll pay the same $ to hire crap talent. Great excuse for them to pay less even.

      Doesn't hurt their bottom line one bit.

  83. They stood up for the little guy for a change. by ModernGeek · · Score: 0

    The united states has finally stood up for the little guy and put a trust into it's citizens just as apple does with it's users. This will promote moral values also. If you tell a teenage somthing is wrong, they are more likely todo it, if not, they are more likely todo the right thing.

    --
    Sig: I stole this sig.
  84. Maybe I missed something but... by wbattestilli · · Score: 1

    Do the current laws that allow us to copy audio tapes and record TV shows expressly prohibit digital reporductions or mention optical media? When did we lose the right to copy CD's or DVD's?

  85. Good fir the future, too by jbarr · · Score: 2

    One big problem with the current laws is that there is no specific requirement for companies to provide keys or hacks to unlock their DRM-protected content after the copyright expires.

    What happens when the copyright runs out on some eBook that I purchase? Will it suddenly become unencrypted? I doubt it. I doubt the company that published it will even be in business.

    --
    My mom always said, "Jim, you're 1 in a million." Given the current population, there are 7000 of me. God help us all!
  86. Good, but not quite enough by TyZone · · Score: 1
    Okay, the article sounds like this bill is going in the right direction, but...

    It doesn't deal with "Sure you have the right to make a copy of the disk you just bought, but the xxAA is not required to make it easy for you." So the xxAA can continue to waste their money and our time with one bizarre copy-preventing scheme after another.

    What we need is to change the language of the DMCA in two basic ways:

    First, the prohibition should not be directed at activities of the consumer but rather at the manufacturer, and

    Second, the activity prohibited should not be the circumvention but rather the installation of copy prevention.

    Bottom line: the DMCA should be changed to say that it is unlawful to alter any digital work to be sold to the public in such a way that the altered work may not be readily used by the consumer or reproduced by the consumer for archival purposes.

    And there sould be severe penalties imposed on corporations that violate the DMCA by creating copy-protection schemes that render their products partly or completely unusable by any consumer.

    No activity by a consumer should be restricted in any way by the new DMCA.

    The xxAA guys should be left with the traditional tools for fighting violations of their copyright -- i.e., catch the guy who's making money by selling bootleg copies of the CD and haul him into court.

    --
    TyZone
  87. I Propose An Amendment by Snork+Asaurus · · Score: 1
    The quote the bottom of this page reads :

    "Disraeli was pretty close: actually, there are Lies, Damn lies, Statistics, Benchmarks, and Delivery dates"

    I propose that it be amended to :

    Disraeli was pretty close: actually, there are Lies, Damn lies, Statistics, Benchmarks, Delivery dates, and anything that the RIAA or MPAA says.

    Any seconds?

    --
    Sigs are bad for your health.
  88. And the sad part is... by Anonymous Coward · · Score: 0

    Over half of congress probably believes him (or at least gets enough money to just nod "yes.")

  89. Copying? by supabeast! · · Score: 2

    Who cares about copying, I just want to watch DVDs without breaking the DMCA!

  90. But can you "backup" to a different format? by Cygnusx12 · · Score: 2, Interesting

    The Proposed bill would allow users to make backup copies for personal use, etc.. However, does that backup involve retaining the "native" format?

    So, you would be within your rights if you backup a CD and retain it as such; but would you be outside of your rights to "backup" as an mp3 or ogg?

  91. you have the right to remain silent by moc.tfosorcimgllib · · Score: 1

    TSIA

  92. Jack Valenti's not very smart... by Anonvmous+Coward · · Score: 2
    "``This would not authorize someone taking their digital content and sharing it with a million of their best friends,'' Lofgren said in an interview Tuesday. Instead of creating new rights for consumers, she said, her bill would ensure that ``the rights they have in the analog world, they have in digital.''"


    This seems pretty simple, straight-forward, and succinct.

    "``If this bill were to pass, it would render ineffective, worthless and useless any protection measure we would have in place to protect a $100 million movie,'' Jack Valenti, president of the Motion Picture Association of America, said of the Lofgren bill. ``You could download a million movies a day, and no penalty for it.''"


    Hopefully he'll get labeled as a guy who hates fair-use rights with a passion so nobody'll take him seriously. If that happens, he shot himself in the foot with that comment.

  93. The End of the World! by gnovos · · Score: 2

    ``If this bill were to pass, it would render ineffective, worthless and useless any protection measure we would have in place to protect a $100 million movie,'' Jack Valenti, president of the Motion Picture Association of America, said of the Lofgren bill. ``You could download a million movies a day, and no penalty for it.''

    Wow, can you imagine if that were possible, to download a million movies a day? A $100,000,000 movie at 1,000,000 downloads a day... OH MY GOD! This bill would cost the entertainment industry more than $100,000,000,000,000 A DAY! That's 100 TRILLION dollars, every single day. We must stop this at ALL COSTS!

    --
    "Your superior intellect is no match for our puny weapons!"
  94. Re:Take 2... by Anonymous Coward · · Score: 0
    Today is a great day in the history of Slashdot's stupidity, for today Slashdot posted a duplicate article twice within three hours. (The article linked to by this story is the exact same article linked to at the end of that story's introductory blurb.)

    Way to go, 'tards!
    -- The_Messenger

  95. Let's do the math... by smiff · · Score: 2, Funny
    A typical DVD is 4GB. One million DVDs is 3.4x10^16 bits. One day has 24x60x60=86,400 seconds. So, you would need a 397Gb/s pipe, assuming no overhead.

    This is fun, let's do some more math. A typical DVD costs $20. One million DVDs costs $20 million. If you did that every day, you could steal $7.3 billion from the movie industry every year. If 50 million people did it, the nation could collectively steal $365,000 trillion from the movie industry.

    Wow! The movie industry is potentially worth 3500 times the nation's gross domestic product! Bush should tap into this to solve our current economic crisis.

  96. Misleading by AnalogDiehard · · Score: 2, Insightful
    The forum is titled "Protecting your DRM Rights".

    It should have been titled "Protecting your Fair Use Rights".

    Big difference.

    --
    Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
  97. YOU need to get off your ass, Sir. by Anonymous Coward · · Score: 0

    Who is going to protect my right(I'm a recording artist) to make a living off of my work?

    That is your job.

    I depend on sales of my cd's, not on the number of copies of my work in existence!

    And everytime you find an illegal copy, you need to file suit in court.

    If you are unwilling to do this simple thing, your statement about 'who will protect my rights' is nothing more than whining by you.

  98. Valenti and his political ties by Anonymous Coward · · Score: 1, Interesting
    Here is Valenti on the cold war though I still can't see why he would be involved so deeply with the govt. at the time. I do think this is on topic because it shows how deep his political ties are.

    ac

  99. Derivative works by yerricde · · Score: 3, Insightful

    Tell me how copyright infringes against what YOU CAN SAY.

    Overbroad interpretation of the "derivative works" clause does that. According to this article, there are fewer than 47,000 melodies, and each one has a copyright owner, making it next to impossible for a songwriter to create an "original" musical work.

    --
    Will I retire or break 10K?
  100. From the onion by rattler14 · · Score: 2, Interesting


    here

    basically, all of our feelings, summed up in one article

    --
    my last sig was too controversial... now, a new and improved useless sig!
  101. Zoe's summary of her bill by geekotourist · · Score: 5, Informative
    Here is the summary done by Zoe and staff. Late last month I heard a summary of this bill from a fair use expert. I don't have my notes with me. The big takeaway I got was that Zoe's bill *does* focus on consumer rights as "including, but not limited to, the ones listed in her bill" (my paraphrase). In other words, Zoe 'gets it' with respect to protecting consumers and Silicon Valley from the buggy-whip manufacturers down south.

    From the press release summary:(I've added the bold...)

    SECTION BY SECTION ANALYSIS OF "THE DIGITAL CHOICE AND FREEDOM ACT OF 2002"

    SECTION 1: Designates the title as "The Digital Choice and Freedom Act of 2002."

    SECTION 2: Lists factual findings.

    SECTION 3: (a) Section (a) clarifies that America's historic principles of fair use - codified in section 107 of Title 17 - apply to analog and digital transmissions...

    ...Section (b) seeks to restore the balance by adding section 123 to Title 17. Section 123 allows lawful consumers to make backup copies of digital works, and to use digital works on preferred digital media devices. It further protects consumers by prohibiting non-negotiable "click-wrap" licenses that limit their rights and expectations...

    SECTION 4: Today, when a consumer purchases a book, they are free to lend their copy to a friend or family member, or to sell their copy to a used books store. Section 4 allows consumers to do the same thing with digital content by extending the first sale doctrine...

    SECTION 5: ..."As the House Judiciary Report accompanying the DMCA stated: "[A]n individual [should] not be able to circumvent in order to gain unauthorized access to a work, but should be able to do so in order to make fair use of a work which he or she has acquired lawfully."

    Section 5 reaffirms this intent, while also providing needed flexibility for the copyright owner. Under section 5, a copyright owner is free to employ technical measures to protect his or her work. However, the copyright owner must ensure that those measures allow lawful consumers to make non-infringing uses of the work... Since most consumers do not have the expertise needed to circumvent such protections, Section 5 permits tools if they are designed, produced and marketed to help consumers make non-infringing uses. Again, these tools are only permissible if the copyright owner fails to give consumers a choice by restricting legitimate uses without providing any solution for the legitimate user.

    1. Re:Zoe's summary of her bill by Anonymous Coward · · Score: 0

      It further protects consumers by prohibiting non-negotiable "click-wrap" licenses that limit their rights and expectations.

      So would that prohibit the GPL, since it is not negotiable?

  102. Re:Because we all know what is about to happen.... by AmbientNightmare · · Score: 1

    I'm a he. And thanks for sticking up for me...the newbie.

  103. DRM is about control of individual property by gentry · · Score: 0, Redundant
    I keep reading this DRM stuff. Yeah, it mean Joe Blow can't pirate his music, or download the latest film via Kazaa, but at the end of the day it's EMI's, AOL TW's, Fox's etc. property. How they choose to disemminate it is up to them.
    You don't like it? Don't give them your money.

    How would you feel if you knew hundreds of thousands of people where ripping of your stuff?

  104. Tied with by Anonymous Coward · · Score: 0

    Yeah, tied with Long John Silver's, right?

  105. Pigs fly. by yerricde · · Score: 2

    if this bill passes, pigs will fly.

    Given that Jack Valenti already uses air travel, does this bill have more of a chance?

    --
    Will I retire or break 10K?
  106. go UTAH by Anonymous Coward · · Score: 1, Interesting

    This actually motivated me to write a letter to my state senator. Go Bennett! Maybe us people in utah can acctually do something kick ass like those people in CA.

  107. Infringement != circumvention by yerricde · · Score: 1

    I don't see the purpose of a law restating the fair use rights I already had

    U.S. citizens already have a fair use defense to infringement. However, circumvention is completely orthogonal to infringement: you can circumvent copy protection without infringing copyright. This bill would extend the fair use defense to circumvention as well.

    --
    Will I retire or break 10K?
  108. UK already has DMCA equivalent legislation by yerricde · · Score: 1

    some countries also consider copy-protection as a limitation of the users right for a private copy, ie. allow the user to circumvent the copy-protection.

    The United Kingdom doesn't. See Section 296 of the copyright act.

    --
    Will I retire or break 10K?
    1. Re:UK already has DMCA equivalent legislation by Anonymous Coward · · Score: 0

      Thats great, lets find our own way though. We had that little scuffle in the late 1700's in order to get away from those fuzzy foreigners.

  109. What? by gfxguy · · Score: 1

    Since when is copying someone elses material a restriction of freedom of speech? That's just rediculous. Copyright doesn't prevent you from voicing your opinion. That's the lamest angle I've seen anyone take in this "debate" yet.

    --
    Stupid sexy Flanders.
    1. Re:What? by scotch · · Score: 2
      You assume that I am an opponent of Copyright, but your assumption is unjustified. That copyright restricts freedom of speech is clear from the most simple analysis. Wherther it is justified or not is another argument.

      There are (very many) strings of words that I am prohibitied by law from saying in certain manners or places or contexts. Furthermore, there are tunes, melodies, trivial sequences of guitar chords, images, algorithms, etc that are similarly restricted. Is that restriction justified? That's a separate question. I would sometimes say yes, but it's irrelevant to the assertion I made and which you called "rediculous" (sic).

      --
      XML causes global warming.
    2. Re:What? by gfxguy · · Score: 1

      Still, there is nothing preventing you from expressing yourself, just perhaps requiring you to do it in a different way.

      So, for example, can you give me an example of where a recording artist complained (and was found by a court of law to be right) that his/her freedom of speech was being restricted because he/she couldn't copy someone elses music?

      I agree that laws are sometimes copyright goes too far (like this stupid case), but I have never seen a compelling example of how copyright restricts free speech.

      --
      Stupid sexy Flanders.
    3. Re:What? by scotch · · Score: 2
      I can spend no more time trying to convince you of this obvious point. You've never seen any example only because you've totally lost sight of what the source and purpose of copyright are.

      HAND

      --
      XML causes global warming.
  110. Can you point that our specifically? by jaaron · · Score: 2

    I've found a copy of the AHRA on the web at http://www.virtualrecordings.com/ahra.htm.

    I've looked it over and I don't see what your talking about. Maybe my legal reading skills aren't up to par, but my understand was that copies could only be for personal use and that making copies for others is illegal even if I'm just giving them away. Am I wrong on that?

    --
    Who said Freedom was Fair?
    1. Re:Can you point that our specifically? by cpt+kangarooski · · Score: 1

      The issue is section 1008 -- but it's not as though Congress defined it very well. Having never truly been tested by the courts either it's quite difficult. I'll poke around for some legislative history, if you like.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:Can you point that our specifically? by jaaron · · Score: 2

      That's the section I thought it might be, but the wording doesn't make it very clear (at least to me). If you find anything, I'd be interested to know. email at jaaronfarr [at] yahoo [dot] com

      --
      Who said Freedom was Fair?
  111. Re:Take 2... by Anonymous Coward · · Score: 0

    Yeah, but the prior article is in the Apple category, so only fagbois such as yourself read past the title. This article is for the consumption of the heterosexual contingent.

  112. this bill would make me more likely to buy your CD by NevermindPhreak · · Score: 1

    i am a teen, which seems to be the main target audience of the general music industry. normal CDs cost anywhere between $10 (if your lucky) and $20, which happens to be about 20% of the average teens weekly earnings. when one of my friends buys a CD of a band i like, i copy it, adding to my own CD collection.

    how does this bring money to you, you ask? well, with that $10-$20 i saved, i still buy CDs. instead of buying a CD that will already sell millions of copies, and having the same CD as my friends, i am now more likely to buy CDs of lesser-known, more independent bands, such as yourself. had CD copying not been around, i would have never been able to afford your CD in the first place, and you would gain nothing. with CD copying, i spend the same amount of money as i always would, but i get more music. the same amount of my paycheck goes into the music industry, but more of it gets into the hands of the artists who need it, and not the ones who are already millionairs. call it supporting diversification in the industry.

    on a related note, i think the whole intellectial property issue is bullshit. the real money from any artist should come from their concerts or other live preformances, not their CD sales. the fact that people are catching on that music, something with no actual physical presence, should be used as though we are pretending it does have a physical presence (i.e. you cant make a copy of a car for free, why a song?) makes me glad. of course, thats just my opinion on that specific matter, so i dont expect anyone to agree.

  113. DVDs by Anonymous Coward · · Score: 0

    It would be nice if passed. Case in point as to what I do: I have an Intel P4-1.5ghz with a Radeon 8500, but for whatever reason Windows XP can't play back a DVD without dropping frames. I boot into Linux with Mplayer and it plays them back flawlessly. I guess I am breaking the DMCA by doing this. Yet in my eyes, I'm not doing anything illegal at all; I want to watch them, and since Winblows, for whatever reason can't do it on that particular machine (my PII-366 on XP can play them back just fine, interestingly enough) so I use Linux. And due to idiotic legislation, this is illegal.

  114. Key-ryst by Anonymous Coward · · Score: 0

    " am one of the few slashdotters who do not pirate based on principal."

    Blah blah blah blah blah.

    With all that hot air, I could paint "goodyear" on the side of you and sail you over monday night football.

  115. Text of the Bill by jkusters · · Score: 1
    You can read the text of the bill here.

    JOhn.

  116. I'm sure this has been mentioned 1,000 times... by AlexMax2742 · · Score: 1

    ...but why didn't this occor to anyone sooner?

    --
    I'm the guy with the unpopular opinion
  117. I think my sig states my view by ealar+dlanvuli · · Score: 2

    on this article fairly well.

    I should note I just sent a signed letter to my congress critters, you should too. Be sure to mention (R) taking rights from citizens and granting them through goverment intervention to others (D) taking rights from citizens and placing them in the hands of corperations. A brief history of the purpouse of Copyright is normally helpfull also.

    Mention this is a Ballot item to you (if that is true)

    --
    I live in a giant bucket.
  118. Can does not equal must by geekee · · Score: 1

    Remember that just because the law says you have the right to copy something for fair use, doesn't mean the MPAA has to make it easy for you. Because piracy is threatening a billion dollar industry, blockbuster alone will make sure future stuff is released in an uncopyable format. It'll be the same type of war DirectTV is fighting with the smart card hackers.

    --
    Vote for Pedro
  119. There's hope yet by Trogre · · Score: 2, Insightful

    This could have positive implications for those of us who have to use technology such as DeCSS to play DVDs that we legally purchased on our DVD-ROM drive that we legally purchased attached to our computer on which we legally installed our Free operating system.

    Maybe we won't be branded as filthy circumventing criminals if this bill is passed.

    --
    "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
  120. The guillotine of insanity. . . by Anonymous Coward · · Score: 0

    here's the way I see it.

    left wing | right wing
    \|/
    o 0 oo
    peoples heads rolling

    although this ascii looks like shit. it basically says that the \ / (blades) that make up the sharp part of the pendulum | swing left and right and the folks that suffer are the heads that get lopped off at the bottom of the dumb heap (dung heap)
    o
    _|_
    / \

    see how painful it is for us. the above shitty ascii is not a headbanger it's a headless moron. which is what we all are by allowing DMCA, DRM and CBDTPA to pass

  121. Wow, that's a quick repost by Graff · · Score: 2

    This is a repost from the Apple article I submitted which was posted 3 hours earlier. See the last link in this story. It's cool that it has its own discussion, but you'd think that the original would at least reference the original discussion...

  122. U.S. Senate can voice vote by yerricde · · Score: 3, Informative

    The Senate ALWAYS votes by roll call on legislation.

    Are you sure? According to the bottom of this page, the U.S. Senate can voice-vote on a bill just like the House.

    The Constitution also provides that one-fifth of the Senators on the floor (assuming that a quorum is present) can demand a rollcall vote ... The alternative to a rollcall vote usually is a voice vote in which the Senators favoring the bill or amendment (or whatever question is to be decided) vote "aye" in unison, followed by those voting "no." Although a voice vote does not create a public record of how each Senator voted, it is an equally valid and conclusive way for the Senate to reach a decision.

    And because "a voice vote does not create a public record of how each Senator voted," it means that the bill didn't even have enough opposition (20%) to demand a roll call.

    --
    Will I retire or break 10K?
  123. I wish Rick Boucher were my rep by Gregoyle · · Score: 3, Insightful

    I wish Rick Boucher were my representitive so I could vote for him.

    ``The laws that have passed in recent years have imbalanced the historical balance between owners of copyrighted works and users of copyrighted works,'' Boucher said in an interview Tuesday. ``The balance has been tilted dramatically in favor of owners at the expense of users.''

    This guy actually gets it! There really need to be more representitives and senators like him. I just wish that there were even any running in my district so I could put in my vote.

    --

    "He's more machine now than man, twisted and evil."

  124. How do I best support this? by Lord+of+the+Fries · · Score: 1

    Lots of interesting talk about whether this is ideal, etc, but what I want to hear, is what is the best way for me and others to increase the liklihood of this bill's passage?

    It may not be ideal, but it sounds much better than current situation.

    --
    One man's pink plane is another man's blue plane.
  125. Perfect digital copies, NOT! by seaan · · Score: 5, Insightful

    Here is an excerpt of my letter of support sent to my congressman:

    I have one little quibble with the bill as it stands. In section 2. FINDINGS, paragraph (2), it states "Perfect digital copies of songs and movies...". This is an exaggeration that has been used by both the RIAA and MPAA to justify draconian copyright protection measures. They purposely confuse two different concepts: "digital copies" and "digital distribution". The reality is:

    (1) Digital copies are far from perfect
    (2) The quality of a copy has little impact upon non-commercial copyright infringers

    Take an example from ten years ago, the mandating of copy-protection on Digital-Audio-Tape recorders. The only people who cared about quality enough to be effected by the copy-protection measures were audiophiles (who, by the, way effectively killed the format because of the restrictions imposed by congress). The irony is that audiophiles were also the least likely people to make illegal copies; on the contrary, many purchase multiple versions of a single recording. The more typical non-commercial copyright infringement was young teenagers buying $50 boom-boxes with abysmal sounding cassette duplication. The quality of the duplication was of minimal importance (you can't hear the poor quality on a $50 boom-box), as it had minimal impact on their decision to make illegal copies vs. buying legal copies.

    I'd recommend striking the word "perfect", and putting to rest the urban legend that digital copies are somehow different from other method of copying. This is not meant to diminish the importance of digital distribution, which obliviously has had an impact on non-commercial copyright infringement. Confusing "digital copies" with "digital distribution" is how we got lousy laws like the DMCA in the first place.

  126. Ummm... by Anonymous Coward · · Score: 1, Interesting

    Correct me if I am wrong, but this right is, and always has been in existance. The DMCA makes it illegal to DISTRIBUTE any circumvention device, it actually states in it that it is ok to bypass protection measures to perform legal actions, but distributing the tool to do this is illegal. If this law really says "Customers can bypass protection measures to make personal copies" it will do nothing for us with regard to DeCSS or any other tool for bypassing protection schemes...it will be ok to have it and use it, but still illegal to share such a program acording to the DMCA. So what would be changed? Isn't that the state we find ourselves in currently? I can crack CSS all I want, I can make copies of DVDs, change the format to VCD or AVI or whatever, but I can't give anyone the tools to do it...

    What am I missing? The article does not say what the proposed law would do in this regard. The important right that was taken away from us was not Fair Use...That "law" is still in place, what was taken from us is the right to provide tools that make Fair Use possible, this is the right we need back.

    NR

  127. Vomit by Anonymous Coward · · Score: 0
    You worthless little maggot. You make me want to vomit.

    Me too, vomit in terror. Will you hold me?

  128. Oh well. by rice_burners_suck · · Score: 2, Insightful
    The following so-called "technologies" should be ILLEGAL forever:
    • Planned obsolescence.There was a story some time ago about some HP printer cartridges with an expiration date, because supposedly, the ink goes bad at some point or another. The printer will REFUSE to print once the expiration date has passed, making a 30 dollar cartridge into a waste of money. If HP wanted to protect the printer mechanisms or something, they could offer to exchange expired but unopened printer cartridges for new for the price of shipping and handling. But no, they go being all unethical.
    • Copy protection, digital rights management or whatever you want to call that so-called technology that just doesn't work. All it does is create headaches for the consumer and it brings us all closer to a world where Big Brother controls every person's actions.
    • Region encoding, so that a product won't work unless it's in a specific area, for no reason better than for some huge corporation to control the market.
    • Any other technology that basically cripples a product for the sole purpose of making the consumer buy more of something that should have and would have worked fine anyway.

    I am glad that there's a bill to make it legal to copy movies and stuff. However, I think Congress should go and make all the encryption and region coding on the DVDs illegal, force the DVD player manufacturers to modify (at no charge to the consumer) any DVD player that has these features to remove them, and forcing DVD manufacturers to replace all discs (again, at no cost, not even postage) to ones that have none of the above disabilities. Oh well. It'll probably never happen. Oh well.

  129. you can't change human nature by TheGratefulNet · · Score: 2

    meaning, there will always be a percentage of the population that will want disagree with the current norms (laws, if you will) and go their own way. in this specific case, we're talking about getting non-free content (movies, music, etc) for free.

    the technology doesn't matter. yesterday it was copying physical changes in vinyl to magnetic changes in analog tape. today, its just moving bits around. who knows what 'copying content' might mean tomorrow. and my point is that none of this is relevant.

    what is relevant is that we now have an opportunity to revisit the current business models of the entertainment (specifically recording) industry. video or audio - it doesn't matter. if you record things and want to sell the right to listen/view/experience 'past performances' (ie, the tapes), this whole 'what exactly are you selling' notion must be better defined. are you selling the professionally done laying of bits on some carrier? are you selling the distribution of that to remote physical locations? are you selling the content of what's on those carriers?

    clearly with digital distribution (public and private high speed internets) being so commonplace, the current state of the art is challenging the old business models to restructure. no longer is it necessary to pay the trucks, shelf stackers, cashiers, store managers (etc) in order for us to receive music. we can bypass all of that overhead all too easily today. my view is that all that is now rendered redundant and the sooner we all recognize this, the less fighting and loss of rights we'll have to endure.

    the bigwigs are now slowly learning that their days are numbered. things have to shift. they don't have to shift all at once - it can be done gracefully. but it has to be done and it will be done, with or without their cooperation. right now, most kids simply 'vote with their feet' and choose to pirate rather than pay for their music. the industry can choose to see the writing on the wall and adapt to the new times, or fight the growing current of opposition. the consumers know its time for a restructuring - I wonder how long it will take before the message is received and understood way up top...

    --

    --
    "It is now safe to switch off your computer."
  130. misinterpretation by ironfroggy · · Score: 1

    The part of the article I hated the most was Valenti being quoted as saying "...you could download a million movies a day, and no penalty for it." Why? Because that isn't fair use and this bill wouldn't allow that! It's mostly a problem of extremes, where each side fails to see the gigantic gray spot they mistake for a thin line between each side. Of course, I feel the industries fail to see that grayness alot more than intelligent consumers, or is that an oxy-moron?

  131. Impact on DeCSS by tempfile · · Score: 2

    I wonder how this bill, if it passes, will affect DeCSS. I could imagine that, if it passes, "official" DVD players will start to have fine and legal "recording" functionality. Obviously, those won't be available on Linux.

    So if the movie companies do provide a solution for the legitimate user - namely fully-featured (that of course includes recording) DVD player software - but only for the "average" one, namely the Windows user - would the platform-independent DeCSS be suddenly legal on Linux systems, where they don't provide a solution, but illegal on Windows, where they do?

  132. Re:Nice, but....[so offtopic it hurts] by abmurray · · Score: 1

    >This is apparent because your music sucks sweaty man-balls.

    As opposed to what other kinds of balls?

  133. Re:Perfect digital copies, NOT! by mpe · · Score: 2

    I?d recommend striking the word ?perfect?, and putting to rest the urban legend that digital copies are somehow different from other method of copying.>

    Or indeed the idea that something being "digital" somehow makes it special, thus needing special laws.

  134. terrorist waiting period? by cascadingstylesheet · · Score: 2

    and anyone who was still bothered by "terrorism" at the end of July of this year definitely is being pushed by an agenda or is pushing her own.

    Well, all politicians have agendas. Wouldn't be much point if they didn't.

    But are you saying terrorism is OK, after a 10 month waiting period? You distrust anyone with an attention span that long?

    1. Re:terrorist waiting period? by Urox · · Score: 1

      But are you saying terrorism is OK, after a 10 month waiting period? You distrust anyone with an attention span that long?

      I object to someone who uses terrorism as a platform when "terrorism" isn't something that can be defined nor prepared against (more than is already occuring). You can't have a "war on terror;" you can have a war against people who commit terror, but not on something insubstantially defined.

      I dislike the fact that she appears to be *stuck* on the thought as are many politicians. Sure, terrorism isn't good, but it isn't really something that can be fought back against effectively with more war, more incorrect profiling, and more restrictions as to what we are allowed to say, do, or have.

      --
      "Would you rather have a playstation addicted dork wearing a star wars t-shirt?"
  135. The real solution...(taxing blank media & play by Worldshift · · Score: 1

    ...is to allow unlimited fair use copying, and perhaps additional copying for others, but then tax the media (and players) and use this revenue to remunerate the copyright holders. Robert Cringely wrote an article on this awhile ago, where he demonstrated that the revenues raised this way, with quite reasonable taxes on media and equipment, would equal or surpass the existing recording industry revenues. Distribution of revenues could be based on statistics gleaned from P2P sharing services, or a similar model as is used for radio or switchboard/elevator music. It's worth noting that media and equipment (including laser printers) are already taxed for this purpose in Germany and some other European states (the inevitable interesting question: if one is paying a tax on blank media for copyright holders, then surely one MUST have the right to copy ?)

  136. I already disclaimed it by yerricde · · Score: 1

    but restricting yourself to just 3 durations will mean you miss quite a lot. Just by adding whole and sixteenth notes

    The three durations can be interpreted as whole, half, and quarter or as quarter, eighth, and sixteenth by a trivial change of time signature. The judge is looking for "substantial similarity". For thirty-second notes, the judge will look for the more musically important ones, which fall in phase with the sixteenth-note carrier. Triplets are probably trivial, unless they're a major feature, and then they'd probably cause a shift to something like 6/8 or 12/8.

    (since you seem to like to refer to that article)

    I tweak the article a bit every time I link to it on Slashdot. Every time I read feedback about my model, I go back to the article and address the complaints. This results in an article that continues to improve.

    adding a little something saying the 47000 possible melodies is only correct with some (dubious) assumptions made, not cold hard fact.

    I already did. From the article:

    An approximate mathematical model of the legal standard is presented
    ...
    I MAKE NO WARRANTY that my statistical measure of "substantial similarity" will in any way predict how a judge will rule.
    --
    Will I retire or break 10K?
    1. Re:I already disclaimed it by beowulfcluster · · Score: 1

      I'm sorry, I didn't realize you wrote the article, and wasn't just referring to it (didn't pay attention!). Fair enough, you can change the time signatures, but if the legal definition of a melody has 4 notes in it, shouldn't you at least use 4 durations since each note can have a different duration than the other 3 (!). Unless I'm missing something, of course, which is definitely not impossible.

      Besides: Your dismissal of triplets as 'trivial' has been reported to the NOMOTC ;)

  137. HP Printer Cartridges DO expire by kcb93x · · Score: 1

    Planned obsolescence.There was a story some time ago about some HP printer cartridges with an expiration date, because supposedly, the ink goes bad at some point or another. The printer will REFUSE to print once the expiration date has passed, making a 30 dollar cartridge into a waste of money. If HP wanted to protect the printer mechanisms or something, they could offer to exchange expired but unopened printer cartridges for new for the price of shipping and handling. But no, they go being all unethical. (Talk about timing; I just dealt with that about 50 minutes ago) We just had one do that, I think it's an HP III, the cartridge was putting a black streak on the printed paper, and the expiration date is Oct. something 2001. So, the expiration date is there for a GOOD reason, not just to make someone buy new cartridges.

    --
    There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    1. Re:HP Printer Cartridges DO expire by rice_burners_suck · · Score: 1

      Let me tell you something. Do you know what the most ANNOYING thing is about printers? When you need to print some important report for school or work after nearly doing an all-nighter, and when you come to print, the thing complains about there being no ink. So you have this old cartridge lying about that is still sealed in the package. But the printer refuses to take it because it has "expired." Well, let me tell you... I'd rather have a printed report with streaks all over the paper than have nothing at all. Especially since some rule of physics guarentees that when you need a printer cartridge in a hurry, there won't be any available, and you can spend a whole day looking for the damn thing. (Because nobody can answer your question over the phone.)

  138. Suggest it in each state? by kcb93x · · Score: 1

    Maybe we need to pass the law at the state level first, get it in several of them. Then, we say, "see, such and such a state has the law, and it works good for them." Or else have someone sneak it into another law *much the way the big guys do it* Which is why many Senators/Congressmen(women) are shown on TV ads as "not having voted for bill ####" It's because of various small clauses slipped in that are in no way related, but it's still used. Hmm...lets find something like the Patriot Act and hide it in there, one that no one would dare vote no to, just by it's name or something. That'd work. They didn't even read the Patriot Act, they just passed it.

    --
    There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
  139. Re:Perfect digital copies, NOT! by seaan · · Score: 2

    I agree that digital copies should not be treated any differently. But there is a good reason we don't want to stir up that pot!

    Right now digital content and copies are treated differently. There are a lot of additional restrictions on digital copies, thanks to laws like the DMCA. We don't want to even mention analog material, because it would be a step backwards if analog material came under the same rules (even relaxed by Lofgren's bill) as digital material.

    Meanwhile, the publishing industry is trying to add restrictions to analog material as well. That is part of the whole "analog hole" that they keep harping about. Ironically, the fact that they complain about the analog hole reveals their first arguments about digital being diferent were lies! What really happened was they used digital issues as a "wedge" to get special privileges, and are now trying to expand those privileges to cover everything.

  140. Re:Nice, but....[so offtopic it hurts] by Anonymous Coward · · Score: 0

    Not sweaty Man-Balls?

  141. Duration of the last note doesn't count by yerricde · · Score: 2

    I didn't realize you wrote the article

    Forgivable. A common nick such as "beowulfcluster" might appear on several systems with vastly different personalities behind that nick. On the other hand, a distinctive nick such as "yerricde" (my old nick) or "tepples" (my new nick) is more likely to correspond to a unique person.

    shouldn't you at least use 4 durations

    A duration is the time offset from the onset of one note to the onset, divided by the time offset called "whole note" by the tempo track. The final note has no next note.

    since each note can have a different duration than the other 3

    The last note does not have a duration because "Hallelujah": long, short, short, final. "Yes, we have no": long, short, short, final. Taking four notes in isolation, it is impossible to assign a duration to the last note without taking staccati into the model as well, something a judge is not likely to do because judges 1. aren't musicologists and 2. are looking for "substantial similarity".

    Your dismissal of triplets as 'trivial'

    Those are multiple births, not a slight increase in tempo to fit more notes into the same space.

    --
    Will I retire or break 10K?