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Boucher Introduces New Bill

brandido writes "The Register is reporting that Rep. Rick Boucher unveiled his attempt at returning some rights to consumers. According to the Register: "As we reported yesterday, some of the biggest names in IT names were on hand to support a legislation from Rep. Rick Boucher unveiled this morning. Boucher vowed to strike out the repressive portions of the DMCA, and 'directs the Federal Trade Commission to undertake a rulemaking to assure adequate notice to the public of any lack of functionality which may attend the purchase of copy protected CDs.'" Details of the bill can be found in PDF format , as can a summary and Boucher's Statement (taken from The Reg story)." Oddly, this bill focuses on notification that you're buying copy-restricted music disks instead of CDs (which is useful, but hardly major), and only contains a few vague amendments to the DMCA itself. Neither of these is worth paying much attention to: Congress is about to wrap up and go home for the year, and will start afresh in January with a clean slate. Perhaps in January some bright Congressperson will introduce a bill which actually takes strong steps toward repealing the DMCA.

138 comments

  1. El Presidente? by Spazntwich · · Score: 5, Interesting

    You know, I would seriously consider voting for Boucher, were he to run for president. I wonder if his recent slew of bills that are geared towards more consumers/against big businesses could be his beginning of a big PR campaign.

    Don't laugh. Having big corporate sponsors is becoming less and less important with new campaign finance laws.

    1. Re:El Presidente? by Anonymous Coward · · Score: 0

      Having big corporate sponsors is becoming less and less important with new campaign finance laws.

      Ah, but is there any law against a whole bunch of people [who happen to be employees and therefore own significant stock in, say, a corporation, to get a certain bonus (tax paid by the corporation of course)] which they then voluntarily contribute to a certian candidate under personal doantion laws? Remeber, Microsoft makes tons of millionaires yearly - I think they imght have a vested interest in this.

      Of course the corporation can' officially encourage it, but those slashdotters like myself who work for large organizations know that there are unoffical ways to take care of things (United Way, anyone?)

    2. Re:El Presidente? by nononono · · Score: 4, Interesting

      Don't laugh. Having big corporate sponsors is becoming less and less important with new campaign finance laws.

      except that said campaign finance laws are being gutted as we speak.

    3. Re:El Presidente? by Elwood+P+Dowd · · Score: 2

      Boucher is a sweetheart, but what makes you feel that good ideas are going to carry instead of corporate sponsorship?

      I'd say name recognition would buy more than solid principles any day of the week and twice on Sunday. We're closer to a President Schwarzennegar than a President Boucher. With or without corporate sponsorship.

      I might vote for Boucher too. Although I suppose that the issues in 2004 might still be war and economy. Dunno what his positions are on those. I'll be checking up.

      --

      There are no trails. There are no trees out here.
    4. Re:El Presidente? by Mikeytsi · · Score: 2, Insightful

      We're closer to a President Schwarzennegar than a President Boucher.

      Except for the fact that Schwarzennaegar isn't an American citizen by birth, which is required by the constituition for a person to run for and be elected President.

      For the real question, how did you manage to graduate from high school without knowing this?

      --
      I've been called a "Fucking Dick" by better people than you.
    5. Re:El Presidente? by Beowabbit · · Score: 1

      Of course, the U.S. Constitution also prohibits the president and vice president from being from the same state. The Constitution seems to be less and less relevant these days (one of the few areas in which I imagine the average gun nut would agree with me :-).

    6. Re:El Presidente? by Jonny+Ringo · · Score: 1

      In that case why not vote Nader? He's always for the consumer rights and won't take donations from corpatations.

    7. Re:El Presidente? by GigsVT · · Score: 3, Interesting

      He's always for the consumer rights

      Yeah, as long as the consumer doesn't happen to work for an evil corporation, or worse yet, owns his or her own evil corporation, or maybe evil corporations might pay his bills by being his or her customer.

      What's the use of consumer rights after industry is hindered to the point that no one has any money left to spend?

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    8. Re:El Presidente? by TRACK-YOUR-POSITION · · Score: 1

      What's the use of industries making us crap and giving us paychecks if we've got no consumer rights?

    9. Re:El Presidente? by GigsVT · · Score: 3, Insightful

      What's the use of industries making us crap and giving us paychecks if we've got no consumer rights?

      Exactly. Without the government protecting industry through legislation, bribes, kickbacks, etc... We would have all the consumer rights we need.

      Laws are the source of the problems in almost all cases, not the solution to the problem. Have you read the green party platform? It's like 200 pages and outlines a very regulated and restricted society. Less government is the answer, not more.

      Libertarians are the only people that would protect your rights by allowing the free market to work the way it was supposed to. A common myth is that Libertarians would let monopolies abuse consumers. Any true advocate of the free market realizes the damage that monopolies cause. The government wouldn't be completely impotent under a more Libertarian society, it would only be reduced to levels that would let the free market solve these problems.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    10. Re:El Presidente? by Bartab · · Score: 2

      Oh, numerous reasons not to vote for Nader. Maximum allowed income. Destruction of the economy. "Every business except mine is bad." "Every rich white man except me is bad." I could go on

      The worst, however, is that the Greens are recruiting McKinney for their 2004 election. Nader is, of course, a Green, perhaps she can be his VP.

      --
      Any sufficiently advanced technology is indistinguishable from a rigged demo.
    11. Re:El Presidente? by Sri+Lumpa · · Score: 2, Funny

      "Except for the fact that Schwarzennaegar isn't an American citizen by birth, which is required by the constituition for a person to run for and be elected President."

      You obviously haven't seen "Demolition Man"

      --
      "The obvious mathematical breakthrough would be development of an easy way to factor large prime numbers." Bill Gates,
    12. Re:El Presidente? by Dwonis · · Score: 2
      Except for the fact that Schwarzennaegar isn't an American citizen by birth, which is required by the constituition for a person to run for and be elected President.

      I don't understand why you would have birthright in the constitution. If people would vote for a "foreigner", why can't they?

    13. Re:El Presidente? by demaria · · Score: 2

      Here's what I gathered from some of his stuff that I don't get.

      Increase the tax on corporations.... ...who will just pass it on to the consumer.

      Why do we even tax US corporations at all?

    14. Re:El Presidente? by hobbesmaster · · Score: 1

      You have to be of native birth to run for president; the constitution was writen specifically with this limitation so that Alexander Hamilton could not run for president.

    15. Re:El Presidente? by Elwood+P+Dowd · · Score: 2

      Yeah, as someone pointed out, I was refering to Demolition Man. Don't let that stop you from being a fucking dick.

      --

      There are no trails. There are no trees out here.
    16. Re:El Presidente? by TRACK-YOUR-POSITION · · Score: 2
      Libertarians are the only people that would protect your rights by allowing the free market to work the way it was supposed to. A common myth is that Libertarians would let monopolies abuse consumers. Any true advocate of the free market realizes the damage that monopolies cause. The government wouldn't be completely impotent under a more Libertarian society, it would only be reduced to levels that would let the free market solve these problems.

      Heh, I don't think I've heard a Libertarian actually ask for government intervention in a situation in which there is currently very little, such as monopoly regulation.

    17. Re:El Presidente? by grumpygrodyguy · · Score: 2

      What's the use of consumer rights after industry is hindered to the point that no one has any money left to spend?

      Ya, but it works both ways. Over the last two years the spending power(and the very existence) of the middle class has been decimated. You've heard the economists worry about will happen if consumer spending falls? Well it's happening, wallstreet is scared because quarterly earnings are dismal, because noone can afford to buy stuff anymore. Unless consumers have spending power, private industry doesn't work.

      Henry Ford was sensible enough to pay his workers well so that they could afford to buy cars. They were happy, and he was happy. Until this country can go back to some semblance of balance, noone will be happy. Except people like Bill Gates.

      --
      The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky
    18. Re:El Presidente? by GigsVT · · Score: 1

      Well, these things generally go in cycles, if companies get too tight, they will fail, and more progressive companies will take their place as industry leaders. The market does work in large part.

      We just need proper enforcement of laws that are already widely established. Fraud was always illegal. Fraud on a national scale is still something the federal government would have to be involved in. The constitution gives the federal government power to regulate interstate commerce.

      If you look at the cause of a lot of the problems of the last two years, you will find rampant fraud on many levels. If it weren't for the criminal actions of thousands of businessmen, we wouldn't be in nearly as bad a situation right now.

      The great thing about Libertarianism isn't just freedom, it's personal responsibility. A Libertarian government wouldn't be letting these CEOs and investment advisors go with a slap on the wrist, as some of them seem to be getting away with (however in the last few months, they have finally decided to come down hard on certain ones).

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    19. Re:El Presidente? by Anonymous Coward · · Score: 0

      For the real question, how did you manage to graduate from high school without knowing this?

      Since when should knowing that "Schwarzenegger was not born in America" be required to graduate high school?

    20. Re:El Presidente? by cheezedawg · · Score: 1

      That's because the campaign finance laws are incredibly unconstitutional. In a country where the first amendment says that "congress shall make no law...abridging the freedom of speech," congress somehow made a law abridging a candidate's freedom of speech within 30 days of the election.

      --
      "The defense of freedom requires the advance of freedom" - George W Bush
    21. Re:El Presidente? by Takeel · · Score: 2

      Don't laugh. Having big corporate sponsors is becoming less and less important with new campaign finance laws.

      http://www.opensecrets.org/politicians/summary.asp ?cycle=2002&CID=N00002171

      HAHAHAHAHAHA!

    22. Re:El Presidente? by sconeu · · Score: 2
      the constitution was writen specifically with this limitation so that Alexander Hamilton could not run for president.

      The relevant clause is Article I, Section 1.
      No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.
      So Hamilton could have become president. Nice try, though.
      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    23. Re:El Presidente? by Quikah · · Score: 2

      We're closer to a President Schwarzennegar than a President Boucher.

      Funny thing, there has been some rumblings about a write in campaign for Scwarzennegar for Governor of California. Given the two craptacular main party candidates we have running I would gladly vote for him.

      --
      Q.
    24. Re:El Presidente? by ealar+dlanvuli · · Score: 2

      Whats the user of corperation rights (Copyright anyone?) if the consumer is hindered to the point no one has any money left to spend?

      It's all a balance, most of the "rights" corperations enjoy today are artifical, therefore must carefully be goverened in scope as their goal is to make money, not help the consumer or anything else.

      --
      I live in a giant bucket.
    25. Re:El Presidente? by MickLinux · · Score: 1

      Don't. I'm from the SW Virginia area (college years).

      Boucher's district remains mired in poverty, as much because of the government programs he supports, as anything. And the poorer his district gets, the wealthier he gets.

      Before you vote for him, go down to his district, and talk to the poor people there.

      I did. I wouldn't.

      He'd be as bad as Clinton (from another war zone, I have heard).

      And yes, Clinton was bad. That isn't to say that George Bush is worth mentioning, but Clinton prepared the country for Bush. Don't do it again.

      Vote Libertarian. Or Green, if you must. Just don't vote for yet another Dem Publican.

      --
      Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
    26. Re:El Presidente? by Elwood+P+Dowd · · Score: 2

      My friends and I have all been discussing that exact issue. Not that we'll write in Schwarzennegar, but we're trying to think of something to do to express our disgust with the two available candidates.

      We're all liberals, and feel like Gray Davis has been a useless lapdog. But Simon is too evil. So we're gonna stick with Davis.

      --

      There are no trails. There are no trees out here.
  2. Zoe Lofgren's bill sounds better by ooglek · · Score: 5, Interesting

    I don't want to know that the disk is copy-protected, I want a disk that IS NOT copy-protected, DRMed or screwed in any way to attempt to prevent me from making a copy for personal use. I also don't want DRM or copy-protection schemes built into the hardware I buy to play my copies on. I'd much rather pay additional fees in my media and components (as I already do) than be prevented (in some way someone will break) from making a copy.

    Bastards. "1 million movies a day" -- Jack "Stupid" Valenti.

    1. Re:Zoe Lofgren's bill sounds better by intermodal · · Score: 4, Insightful

      "I'd much rather pay additional fees in my media and components (as I already do) than be prevented (in some way someone will break) from making a copy."

      Personally, i'd rather not pay the extra fees at all...I don't want any of my money going to the ??AAs that I can avoid.

      --
      In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    2. Re:Zoe Lofgren's bill sounds better by GreyWolf3000 · · Score: 5, Insightful
      I don't want to know that the disk is copy-protected, I want a disk that IS NOT copy-protected, DRMed or screwed in any way to attempt to prevent me from making a copy for personal use. I also don't want DRM or copy-protection schemes built into the hardware I buy to play my copies on. I'd much rather pay additional fees in my media and components (as I already do) than be prevented (in some way someone will break) from making a copy.

      You're asking too much--if the content providers want to place ridiculous restrictions, they have that right. They should of course be required to disclose that information--it goes against business ethics (which are normally near-impossible to legislate). In this case, however, it's a warning label, which has been done before.

      If I want to sell a crappy product, you would agree that I have every right to do so. If a company, say McDonalds, were to take a high-selling product (let's say a Big Mac), cripple it by either raising prices or using tofu instead of beef (or whatever is really in there), they'd have every right.

      The situation here is that the said crippling may not visibly worsen the product for most people (except for those who might try to play the CD on their computer--which is a lot). Also, you can't get most mainstream media without playing by *AA's rules, whereas one could go to Burger King or Wendy's instead of McDonalds.

      This I think is a great argument for mandatory disclosure (like the one in this bill). Let people see that they're buying an inferior product, and they will start looking for other options. At that point people will still be willing to pay for music (again, I'm talking about average Joe here, not techies), and a new business model can emerge. Up until recently, the media companies haven't changed business models because they haven't had to--they think that after eliminating Napster, and (hopefully) P2P, things can return to normal. If the masses find out that they're getting sold crippled cd's, I think (and maybe I'm being overly optimistic) that they'll respond in such a way that things will change in a positive way.

      --
      Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
    3. Re:Zoe Lofgren's bill sounds better by alefbet · · Score: 1
      On the other hand, if this bill is passed, it will make it legal for people to distribute tools (even GPL'd or gratis) to un-copy-protect things if there is a substantial non-infringing use. (I think burning an MP3 CD so I can carry 150 songs in my portable instead of 15 is fair use.) Personally, I think this bill addresses a lot (most?) of the serious things I found wrong with the DMCA.

      If copy protection can be easily defeated by anyone who wants to defeat it for infringing purposes, and is only a major inconvenience for nontechnical music fans, people will learn to shun the "This CD is messed up" label on a CD and the market for them will tank.

      Laissez faire is what it's all about.

      --

      A hack is just an idiom waiting for wider use.
    4. Re:Zoe Lofgren's bill sounds better by uncoveror · · Score: 3, Interesting

      Zoe Lofgren's bill is much better, but due to its more conservative language, Bouchers's may be more passable in the Republican House. It's a shame it includes nothing about shrinkwrap EULAs. Since the two bills are different in many aspects, Maybe both could pass. That would be like eliminating the DMCA all together. It would be great.

      --
      The Uncoveror: It's the real news.
    5. Re:Zoe Lofgren's bill sounds better by Chemical · · Score: 2, Insightful
      I don't want any of my money going to the ??AAs that I can avoid

      How about not giving them any money? I haven't bought a new RIAA label CD in about 2 years, but that doesn't mean I stopped buying music. The RIAA gets nothing if you buy from indie labels, or buy used CDs. Shopping at independent music stores doesn't hurt either. These days I buy mostly indie punk rock and ska albums. I have discovered many great bands and found some excellent music by digging around in the indie sections at Amoeba and Rasputin in Berkeley; music that is a lot better than anything they play on the radio anyhow. And not a penny of my purchase goes to a faceless corporation.

      If you really must buy Metallica or whatever at least buy it used. Even though at one point money went to the RIAA from that CD purchase, at least it wasn't your money.

      Fight back. Every little bit helps.

    6. Re:Zoe Lofgren's bill sounds better by Anonymous Coward · · Score: 0
      You're asking too much--if the content providers want to place ridiculous restrictions, they have that right.
      They can add technologcal "protection" -- a side effect of this being a free country. But who ever said they had the right to that, and the protection of copyright as well?

      There may be a case to be made for forcing vendors to choose between copyright and DRM. Leave out DRM, etc., and you can have the artificial legal protection meant to encourage the creation of works for the public. Include it (thus sabotaging the goal of copyright), and the work reverts instantly to public domain (with no legal restrictions against circumvention).

    7. Re:Zoe Lofgren's bill sounds better by GreyWolf3000 · · Score: 1
      They can add technologcal "protection" -- a side effect of this being a free country. But who ever said they had the right to that, and the protection of copyright as well?

      It's part of the right to create a product and sell it. The only time that right is not allowed is when, after having created and sold the item commercially, the said thing becomes illegal to sell. Can you think of a reason copy-protection is illegal for content? I can think of reasons for locking down computers themselves, but not a CD.

      --
      Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
    8. Re:Zoe Lofgren's bill sounds better by intermodal · · Score: 2

      I already do buy it all used/indy (mostly indy). He was implying that there were monies from the players going to the AA's too, which is true for example on DVD chips and in many places CDR media. I do buy all my music from sources which do not supply the RIAA, particularly indy/local groups. Amoeba has wonderful selections on Haight, too, btw.

      --
      In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    9. Re:Zoe Lofgren's bill sounds better by uberdave · · Score: 2

      Following your argument, should I remove the locks from my house because it is illegal for someone to enter without my say-so?

      The whole problem stems from the fact that the ability to produce perfect copies is no longer limited to a few powerful entities. The problem is that Joe Consumer now has the capability to separate the media and the message. One day, Joe Consumer will waking up to the fact that the $20 CD/DVD he bought is made up of about a dollar's worth of plastic, and a couple of dozen minutes of download time. That's the day the Industry is dreading. That's why they're trying so hard to lock things down. The Industry is just trying to get the genie back into the bottle.

      Should the Industry put copy protection in place? No, but they're going to do it anyway. Should Joe Consumer share his ripped CDs and DVDs over the internet? No, but he's going to do it anyway. Who is going to win the battle? I don't know. It will be a scary world if Industry wins. On the other hand, if Joe Consumer wins, where will studios get money to produce movies? Where will musicians get money to book studio time?


    10. Re:Zoe Lofgren's bill sounds better by Hatechall · · Score: 1

      Then dont buy them.

      Seriously.

    11. Re:Zoe Lofgren's bill sounds better by scatmull · · Score: 1

      I agree with GreyWolf 3000. I whole-heartedly support labeling/notication of copyrighted media. If I know a disc is completely copy protected, I simply will not purchase it. The good old fashioned law of supply and demand will take care of the market and the price. Owners of copyright have the right to license their intellectual content in whatever manner they choose and customers have the right to choose to purchase or not to purchase the license. It's really that simple and knowledge / disclosure is one of the key components that free-markets are based on.

    12. Re:Zoe Lofgren's bill sounds better by Chris+Burke · · Score: 3, Insightful

      It's part of the right to create a product and sell it. The only time that right is not allowed is when, after having created and sold the item commercially, the said thing becomes illegal to sell.

      Or if the thing was already illegal, of course. I don't think anyone has ever sold a Baby Blender, but that doesn't mean it wouldn't be illegal. :P

      But that's not the point. He didn't say they shouldn't have the right to sell the product -- he asked why does not giving them copyrights for those products take away their right to make them? He saying what if it were still perfectly legal to make a DRM-device that could not be legally circumvented, but the content delivered in such a way could not be protected by copyright? They could still -make- it, they just wouldn't get one benefit under the law for it.

      And this is not as radical as it sounds, either. Copyright is not an inherent right, but is in fact a bargain between the people and the producers of art, presided by the state. The producer get a monopoly on reproduction of their work, and in counterbalance the people get a set of rights called "fair use".

      If the entertainment industry doesn't want to hold up its end of the bargain by letting us exercise our rights, then they don't get theirs.

      Either we both can do whatever we want, or we both have to abide by some rules. They can still sell their DRM devices, but they won't get legal protection above and beyond.

      Which if you ask me is how it should be. Can you think of another industry (other than software) where the seller has more rights than the consumer?

      --

      The enemies of Democracy are
    13. Re:Zoe Lofgren's bill sounds better by Anonymous Coward · · Score: 0
      He saying what if it were still perfectly legal to make a DRM-device that could not be legally circumvented, but the content delivered in such a way could not be protected by copyright?
      Almost. In this situation, I don't believe that DRM should be protected by anti-circumvention laws either. If you're doing things to harm the public domain (DRM doesn't expire when copyright runs out), you've made your own bed, and should not expect Government to bail you out.

      I expect that most vendors would find it more comfortable to have the protection of copyright, even at the price of giving up DRM. The ability to exclude or to extract money from all potential competitors would be a pretty big incentive for those willing to acknowledge that copyright is a two-way street.

    14. Re:Zoe Lofgren's bill sounds better by Anonymous Coward · · Score: 0

      The lock analogy fails because your house is property that you own.

      The public (not the Government) is ultimately the true owner of any published work. What a copyright holder owns is the copyright. A copyright makes it easy to treat content as if a copyright holder owned it, but it really isn't a deed. It is more like a long-term, rent-free lease.

      Applying DRM to a work is like leasing a building and placing locks and spy cameras all over the building whose purpose is to control the tenants, rather than to protect them.

      Your interest in collecting rent from the users of the building doesn't give you a right to limit their comings and goings with time-of-day locks. It doesn't give you a right to install spy cams in the bathrooms and bedrooms. It doesn't give you a right to return the building with a million new locks in place and no keys. For better or worse, you have some responsibilities to the owners and the customers of the building.

      This sense of responsibility is what the "content industries" are sorely missing.

    15. Re:Zoe Lofgren's bill sounds better by neitzsche · · Score: 1

      Bravo! Well said!

      --
      "God is dead." - Frederik Nietzsche
    16. Re:Zoe Lofgren's bill sounds better by Chris+Burke · · Score: 2

      Almost. In this situation, I don't believe that DRM should be protected by anti-circumvention laws either.

      You know, I was thinking that also, I just never mentioned it specifically. My assumption was that because the legal basis for preventing circumvention was preventing illegal copying (ie. copyright), anti-circumvention laws would be thrown away. My bad for not spelling that out.

      --

      The enemies of Democracy are
    17. Re:Zoe Lofgren's bill sounds better by Chris+Burke · · Score: 2

      Er, okay, I actually said the opposite. Maybe I thought of it too late... Bleh.

      --

      The enemies of Democracy are
  3. Minor my ass.. by Anonymous Coward · · Score: 3, Insightful

    "It shall not be a violation of this title to manufacture, distribute, or make non-infringing use of a hardware or software product capable of enabling significant noninfringing use of a copyrighted work."

    Sounds pretty major to me, but, then, IANAL.

    - A/C

    1. Re:Minor my ass.. by WoodsDweller · · Score: 1
      • "It shall not be a violation of this title to manufacture, distribute, or make non-infringing use of a hardware or software product capable of enabling significant noninfringing use of a copyrighted work."

      This was the only section of this otherwise quite reasonable bill that I took exception to. The whole point of the **AA is that making a personal copy is an infringing use of a copyrighted work, so this clause does nothing. He needs language to spell out what we want: that making copies is to be legal, but that distributing them is still reserved to the copyright holder.

      --
      There are two kinds of societies: sustainable and doomed.
  4. Not so bad by sulli · · Score: 5, Insightful
    It adds a "substantial non-infringing use" exception to the anti-circumvention rule. This is a good thing as it would legalize many of the tools (e.g. DeCSS) that are currently barred, n'est-ce pas?

    Of course it's not going anywhere in this Congress. But advocates for freedom can push for an expanded version to be introduced now, while giving Boucher credit for at least proposing a step in the right direction.

    --

    sulli
    RTFJ.
  5. Big deal... by Xenographic · · Score: 0

    Probably heard some anti-DMCA arguements from his constituents, so he decided to throw them a bone. This probably is already legal, anyhow--we all know that these purveyors of shiny disks could be sued for putting the 'CD' logo on things that do not conform to the standards...

    In other words, he wants something to cover his rear, it would seem, so he offers us rights we already [should] have by law.

    OTOH, if he's actually responding to our demands, please DO take the time to relay your concerns to him, if you happen to be one of his constituants. Who knows? Maybe if he gets enough popular opposition to what he's doing he'll start listening to the people... After all, the donations only buy ads, not votes [well, it's a bit more complicated than that, but it's pretty hard to buy an election if you have NO popular support, I should think] & he undoubtably wants to stay in office.

    1. Re:Big deal... by Amazing+Quantum+Man · · Score: 2

      Boucher's been one of the "good guys" on this issue for years.

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    2. Re:Big deal... by Xenographic · · Score: 1

      He also voted the DMCA in to begin with. I think I had him confused with Sen. Disney when I wrote that, though. At least he's trying to fix some of his past mistakes...

  6. On the floor and off by G0SP0DAR · · Score: 2

    Well, that's some nice work we're seeing from Capitol Hill. But what can the average citizen do without relying on a trustworthy congressman? I think that it is possible for average citizens to have some kind of influence. Supply and demand might drive this. I'm surprised some smart rich guy hasn't put a bounty on the head of Senator Hollings yet. Of course, the rest is up to us...

    --


    Calm down, it's *only* ones and zeroes.
  7. Let's see... by Goldberg's+Pants · · Score: 2, Insightful

    This will actually give us some rights back... I fully expect this to be crushed like a bug in that case...

    1. Re:Let's see... by Anonymous Coward · · Score: 0

      And I fully expect you to stay in your basement cowering in fear.

  8. Beats Nothing by anonicon · · Score: 5, Insightful

    Quote: "Oddly, this bill focuses on notification that you're buying copy-restricted music disks instead of CDs (which is useful, but hardly major)."

    Actually, this is more than useful if the warnings disclose *everything* that the CD's "copy-protection" does, like preventing you from playing or copying it with your PC, PS2, mp3-cd player/discman, or consumer CD recorder. Getting the prominent warning on the CD case in front of Joe Public instead of being buried on my site where most people *won't* see it is a great step.

    We all know this proposal will not pass during this session, but it's a warning shot for (hopefully) more substantial legislation which will occur at the beginning of next term.

    Peace.

  9. Great... by 403Forbidden · · Score: 3, Funny

    and only contains a few vague amendments to the DMCA itself.

    JUST what we need, more vagueness in the DMCA... First felt tip markers, what will be made illegal now, cheese poofs? Cartman will be mad.

    1. Re:Great... by PhxBlue · · Score: 2

      Cartman Mad is a Good Thing. . . umm, if he still has that V-chip in his head. :)

      --
      !#@%*)anks for hanging up the phone, dear.
  10. Interview with Congressman Boucher by Dotnaught · · Score: 3, Informative

    Here's an interview with Congressman Rick Boucher, for those who can't get enough of him.

  11. This bill is dead. by Bartab · · Score: 3, Informative

    It was born dead, the entire timeframe of its submission was planned for its death.

    Historically, any bill that is still on the floor when Congress leaves for the winter never gets brought up again. Boucher is doing this in an attempt to gain some votes. The really sad aspect is that the joke bill doesn't even have any teeth. The least he could have done was submit a joke bill that would do something.

    --
    Any sufficiently advanced technology is indistinguishable from a rigged demo.
    1. Re:This bill is dead. by bwt · · Score: 4, Insightful

      That is totally bunk. Bills are introduced late in the session with the express purpose of staking out ground for the next session. All of the copyright bills good and bad are basically trial balloons.

      Boucher is a pretty sharp guy, and his bill has some big names supporting it (if you consider Intel, Verizon, Philips, Sun and Gateway big names). There is a major copyright fight brewing in Congress next term, and what you are seeing now is some early positioning. For example, Boucher's bill will be worked in the Commerce Committee and not the Judiciary Committe, which normally handles IP. That's because Coble, the chair, loves the DMCA.

      By the way, according to Declan's ArticleBoucher's bill is co-sponsored by John Doolittle, R-Calif. It's nice to see bipartisan support.

    2. Re:This bill is dead. by Anonymous Coward · · Score: 0

      Intel, Verizon, Philips, Sun and Gateway

      None of those are big names.

      Llanfairpwllgwyngyllgogerychwyrndrobwll Llantysiliogogogoch is a big name.

  12. Gee. by GreyWolf3000 · · Score: 3, Insightful
    The Fair Use doctrine is threatened today as never before. ... Even people who have purchased and paid for copyrighted material would be liable if they bypass the technical protection for the purpose of making Fair Use of the work they have lawfully acquired.

    I'm glad for one big thing here: there is now a debate between the rights of an individual and Fair Use and the rights of a corporation to protect their assets. As Michael said, in what I believe to be one of his more well-informed and insightful commentaries, this bill won't have direct impact considering November is just around the corner. Still, before now it seems like there have been few voices in opposition to Jack Valenti, Hilary Rosen, Fritz, etc. I hope this opens the floor for serious thought and action regarding the DMCA.

    It's amazing how we grant corporations rights as if they were individuals in some cases, but not in others. A corporation isn't guaranteed the 5th amendment rights by any stretch of the imagination (or constitution), but it has been held many times that a corporation can excersize the first amendment rights as much as anyone. This of course in turn brings in issues of who can afford the larger microphone, hence making free speech only available to those who can pay for it.

    I am struck by the above quote because it puts the situation exactly in the context of the way many of us that are both geeks and are outraged by the DMCA see it--Fair Use is no longer defined by an individual owners terms but by the providers; hence, the real "owner" becomes the provider.

    --
    Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
  13. Too bad it's too late.... by mdechene · · Score: 3, Insightful

    Since alot of the posters seemed to miss this, the bill is being introduced as congress is about to close this session. In case you don't know, forgot, et cetera, when congress closes session, all bills on the floor do not get resolved. So, unless this bill magically gets voted on and passed really quickly, the best we can hope for is for someone to bring this issue up again, next year. Otherwise, it's somewhat of a publicity stunt to introduce a bill this late in the session.

    --

    Karma: Not Particularly Funny.
  14. Then how about this bill... by DevNova · · Score: 5, Interesting

    I submitted this to /., but it was rejected...

    This is from her website...

    Congresswoman Zoe Lofgren (D-CA) today introduced legislation designed to protect consumer's ability to enjoy digital copyrighted material. Lofgren's bill, the "Digital Choice and Freedom Act of 2002," gives lawful consumers the ability to make personal uses of digital entertainment such as music, movies, and books. In addition, the bill recognizes that digital piracy will never be truly solved until consumers are given an affordable, reliable, legitimate and secure alternative.

    "Consumers need a voice in this debate. Right now, it is the entertainment industry versus the technology industry, and the consumers are watching from the sidelines," said Lofgren. "Consumers have rights and expectations that cannot be ignored by industry goliaths."

    1. Re:Then how about this bill... by TheReverend · · Score: 1

      Actually, that got posted. Twice.

      --


      "Let me open these blinds so the snipers can see in." - Kevin Giffhorn
  15. A step in the right direction... by Cowculator · · Score: 3, Interesting

    Aside from the content of the Boucher-Doolittle bill, this C|NET article mentioned something else important about it: Rep. Boucher had it introduced not in the House Judiciary Committee, where Intellectual Property subcommittee chairman Howard Coble would be a fierce opponent to it, but in the friendlier world of the Commerce Committee. Whether or not you like what the bill actually says - and that doesn't even matter, since it won't happen this year - Boucher's strategical move is an extremely useful tactic in getting such legislation passed (or, for that matter, even acknowledged) in the future.

    1. Re:A step in the right direction... by bwt · · Score: 2

      Yes, that was a brilliant move. He's obviously been building up a lot of support for it quietly.

      If there was one guy in the House who symbolizes all that is wrong with IP, it is Coble. I really would like to see him ousted. There are major problems with IP in the US and Coble is the chief legislative obstacle in the House to solving them. The man obviously loves IP because it gives him a big vacuum to suck money from the IP interests with.

  16. Be nice to Boucher by Bruce+Perens · · Score: 5, Informative
    Boucher is one of very few people on the hill who will give us the time of day. We need him. He's been talking about this bill for some time, and has run into resistance - no surprise - but we want it introduced again. He also plans more than one bill, and the next one will have more of what you want.

    Thanks

    Bruce

    1. Re:Be nice to Boucher by Anonymous Coward · · Score: 0

      And in case some of you didn't notice, the author of the parent is Bruce Perens. Who better to actually tell us what's going on?

    2. Re:Be nice to Boucher by GreyWolf3000 · · Score: 2
      It's amazing how people here are so skeptical about things like this--I'm frankly overjoyed that finally there is a contender in the Fair Use v. Bloody Pirates debate instead of the "bad guys" getting their way. I seriously think it may be the Rep. bit before his name--the crowd here tends to be very liberal. Ok, here comes a rant:

      From a non-partisan perspective, I find it interesting that bills for and against DRM and really any security or technical issue tend to come from both sides of the spectrum. The debate for civil liberties vs. safeguarding against terrorism has been fairly divided amongst party lines. That's a bad thing (err, Bad Thing (TM)), since because debates traditionally follow the two-party system, it really becomes tougher to come to a rational middle ground when there is no such dividing line. Right now DRM is not an issue that splits Congress in half--there are just a few members of Congress that have proposed and (in the case of the DMCA) hacked bills to the Oval Office. Boucher has brought in an opposing view, which has been much needed, but a real debate will be difficult because of the above reasons.

      --
      Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
    3. Re:Be nice to Boucher by TRACK-YOUR-POSITION · · Score: 1

      Why would liberals be resentful of a Democrat representative (Rep.)?

  17. damn by mrpuffypants · · Score: 2, Funny

    i wish I could "wrap up and go home for the year" in early October

    1. Re:damn by Beowabbit · · Score: 1

      To be fair to Congress, that does mean going home to one's constituents. Not all constituents can hop on a plane to Washington as easily as an RIAA lobbyist. :-)

  18. Good First Step by Myriad · · Score: 3, Insightful
    Oddly, this bill focuses on notification that you're buying copy-restricted music disks instead of CDs (which is useful, but hardly major), and only contains a few vague amendments to the DMCA itself. Neither of these is worth paying much attention to: Congress is about to wrap up and go home for the year, and will start afresh in January with a clean slate. Perhaps in January some bright Congressperson will introduce a bill which actually takes strong steps toward repealing the DMCA.

    I'd disagree in saying that this in not worth paying attention to, instead I'd say it's a good first step.

    If someone goes in there all gung ho about repealing the DMCA it's easy to make inflametory comments like "Don't you care about the rights of artists?". Rather a lot like those who respond to any objection to the way an investigation is carried out could be met with "Don't you want to stop kiddie porn?", nor more commonly these days "Don't you want to stop terrorism?". While without merrit, these comments can really count against you.

    Instead, start poking holes in the other side. Attack in bits and pieces, showing how this part 'here' or 'there' is contrary to existing rights/laws. Do this enough and the other side starts looking pretty bad... soon you can change everything without a petty argument stopping you.

    --
    "They do not preach that their god will rouse them, a little before the Nuts work loose." Kipling, 'The Sons of Martha'
    1. Re:Good First Step by Grax · · Score: 1

      I think it is very major. It would go a long way towards enabling the fair use that we should have but is prohibited by the DMCA.

      My congressman is up for re-election so this issue is important whether this bill itself or one like it is on the table.

      My congressman (Lee Terry, Nebraska) seems to be more of a supporter of artist's rights than consumer rights. This gives me the impression he is not truely representing Nebraska as, from what I gather, we import more entertainment than we export.

  19. Question for Michael by Anonymous Coward · · Score: 0
    Neither of these is worth paying much attention to

    Then why did you accept the story?

  20. One Step at a Time by skap20 · · Score: 4, Insightful
    Repealing the whole DMCA would be too much to ask right now. I don't agree with it at all, but congress will not repeal a law so soon after it was passed. No one likes to admit to his or her mistakes, congress is going to act the same way. Especially at a time when the legitimacy of the political system is starting to be questioned.

    Small changes such as this are the best we can hope for at this time. Slowly eat away at the restrictions of the DMCA rather than attack it head-on.

  21. Somehow I Knew... by Anonymous Coward · · Score: 0

    Somehow, I knew that half of you people would bitch about this. Look, the guy is taking steps in the right direction. He's going up against the universally hated RIAA, MPAA and DMCA. This bill didn't exist a week ago. You might try looking at the glass as half-full once in a while. STOP FREAKING COMPLAINING. At least SOMEONE is DOING SOMETHING besides WHINING about this problem. You ought to be happy.

  22. Too specific by Sanity · · Score: 3, Insightful
    Why is this specific to music disks? Why not have a general requirement that software and hardware which contains Digital Restrictions Management technology must be labeled as such, so that people are aware that they are paying for something that will serve to restrict their abilities to exercise their fair user rights under copyright law?

    If I own something, it should do what I tell it to. It shouldn't act as a watchdog for large media corporations.

    1. Re:Too specific by Anonymous Coward · · Score: 0

      Hear freaking hear! Much as I appreciate the sentiment, my BS-meter goes off whenever I see a law that targets "electronic" or "digital" forms of normal human activity, and a law that targets audio media as opposed to video and other sorts of media sounds suspect.

      Then again, maybe I'm just an anonymous coward.

    2. Re:Too specific by Dwonis · · Score: 2
      ... Digital Restrictions Management ...

      That's Digital Restriction Mechanisms (DRM).

  23. say what you want about the RIAA and MPAA, but by geekoid · · Score: 2

    ..at least they can get the flag right.
    I guess between creating polls that have cowboykneel in them, repeating stories, and not spell checking, they're to busy to take 10 minutes to correct it.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  24. I don't own one but... by Cyno01 · · Score: 2

    i have to say, this is good news for mac users

    --
    "Sic Semper Tyrannosaurus Rex."
  25. Re:Be nice to Boucher - or not by furiousgeorge · · Score: 3, Interesting

    >>Boucher is one of very few people on the hill >>who will give us the time of day. We need him.

    Granted it was a nice gesture, but let me play devils advocate here.

    What we NEED is somebody who's doing to do something *useful*.

    He knows (and we know) that this bill has absolutely ZERO chance of going anywhere with elections weeks away. None. Zilch. It's so dead it's already stinkin up the place.

    So why does he do it? For political reasons of course. Make himself look good - fighting for the little guy - but there's zero chance that he'll actually need to put his neck on the line and accomplish anything. Nice gig.

    Give me a call when he actually starts doing something USEFUL. Not when he's doing political grandstanding and grubbing for votes (which is all this REALLY is).

    I know this gesture raises his stature around here. But for me, he's dropped a few notches becuase it's the same old political bullshit. If he had introduced this a year ago I'd be right on board with the rest clapping and cheering. Introducing it now -- just playing manipulative politics and mugging for the cameras.

    It's like writing a check but postdating it for the year 5000. A nice gesture, but you'll never have to worry about it being cashed. That doesn't make u cool in my book. It makes you a weasel.

    Sorry Boucher - no better than the rest of them.

  26. Very important legislation by werdna · · Score: 4, Insightful

    Oddly, this bill focuses on notification that you're buying copy-restricted music disks instead of CDs (which is useful, but hardly major), and only contains a few vague amendments to the DMCA itself.

    I couldn't disagree more. Anyone familiar with the FTC Act is aware how fiercely labelling legislation is opposed -- and how powerful its impact ultimately is on the marketplace. RIAA vendors will NOT WANT their customers to have to compare CDs with "the big red label" or whatever indication is there with CD's without it -- Customers will be quickly educated by the media that the "big red label" is a bad thing -- and ultimately the pressure will more readily deter the proliferation of copy protection in a competitive marketplace.

    The changes are not "few" or "vague" -- they virtually defang the entirety of the DMCA -- as you will hear RIAA and MPAA whine fiercely about in the months to come.

    This legislation, and Zoe's earlier proposal is an excellent beachhead -- not so much because it will likely become law, but so much that the RIAA and MPAA will finally get the word that "enough is enough" with their stupid technology regulation bills. Eventually, the pendulum had to swing too far, and this is the harbinger that it has swing.

  27. Let me see if I've got this straight by Virtex · · Score: 2

    Boucher vowed to strike out the repressive portions of the DMCA

    So he's vowed to completely eliminate the DMCA then?

    --
    For every post, there is an equal and opposite re-post.
  28. Should Taco create a new slashdot category by Anonymous Coward · · Score: 0

    Called *MA or DRM or crazy U.S. laws or something like that ? 'cause im really sick of hering everyday how one of those keep anoying U.S.A. people, really I dont care 'bout that and i cant ban one seccion because those came in many.

    Thats why I dont live in the U.S.

    1. Re:Should Taco create a new slashdot category by Anonymous Coward · · Score: 0

      Thats why I dont live in the U.S.

      You don't live in the US because /. doesn't put all DMCA stories in their own section? Wow.

  29. Re:Be nice to Boucher - or not by Bruce+Perens · · Score: 3, Informative
    Well, one of the issues that may have delayed the bill is a wait for certain corporate sponsors to jump on. A few very large corporations that vend Linux systems were asked, and apparently declined. I happen to have been in the room when Boucher asked them to sign on, and I guess they either didn't reply positively, or just didn't reply.

    Bruce

  30. Slow down, people by Tuckdogg · · Score: 4, Interesting

    Boucher and Lofgren are well aware of the fact that these bills will not pass this year. That isn't why they introduced them. They're trying to stake out their position, line up their supporters, and show that this is a major issue. If they had just waited until next year and introduced them cold, they might not get much reception. As it stands now, when the bills (or maybe it'll be down to one by then, I'm not really sure) get brought up again next session, people will be expecting them and the fight will be on.

    Furthermore, they are limiting this to just music for two reasons. First of all, these sorts of fair use rights don't have the same force when applied to your standard computer software that they do when applied to music and movies. Yes, I'm aware (are so are Boucher/Lofgren) that many people want to make backup copies of software. However, most people (especially those in Congress) see less of a coorelation between copying software and fair use than they do between copying software and piracy. Music is different. With music, I can rip my music from a CD and keep it as an MP3 (or Ogg, if you will) on my computer and listen to it there, transfer it to my MP3 player, mix and burn my own CD's (like the tape compilations we all made before CD burners became widely available), etc. These are rights that have a waiting market to exploit them, and the markets have been working for years. Boucher/Lofgren can cast their arguments in terms of simply keeping consumers with the same rights they've always had. These uses don't really exist in the same way with software because no one needs to be able to rip a program from a CD in order to install it to their Palm Pilot. However, they do need to be able to copy it do distribute it online. By limiting the operation of the bill to only music (I think Lofgren's also includes movies and other media), it's easier to keep the focus where it should be: on consumers and off of pirates.

    Another thing to consider is that Boucher/Lofgren need the backing of tech companies right now. There has to be a powerful lobby behind this thing, because I can guarantee you that unless some big money makers get into the fight these bills will die a cold, hard death. You are never going to get big tech companies (at least not tech companies that put out any kind of computer software) to support a bill that specifically tells consumers they can break the tech companies' copy protection. We can keep the tech companies happy for the moment by leaving them out, and then make the argument after the bill passes that software should be included as well. After all, what's good for the goose is good for the gander. Hell, Valenti and Rosen might even back something like that as a retaliation for tech companies backing the Boucher/Lofgren bills. The more we do to keep them fighting against each other, the more we win.

    Just something to think about.

    --
    Tuck
    Tuck's Journal.
    1. Re:Slow down, people by Anonymous Coward · · Score: 0

      Hope this does not PASS.
      In Australia and New Zealand and likely Germany, the big guys loose thier copyright protection while they are in breach of fair use provisions.
      Come to court with a 'clean record' - yeh - ask Sony. fair is fair.

  31. Re:Be nice to Boucher - or not by invenustus · · Score: 2
    So why does he do it? For political reasons of course. Make himself look good - fighting for the little guy - but there's zero chance that he'll actually need to put his neck on the line and accomplish anything. Nice gig.
    Indeed. Actions like this, and the ensuing positive media coverage, are great for his campaign, and cost him exactly $0. Candidates not already IN office don't get this kind of opportunity. So they have to spend money to get name recognition. Good thing campaign spending restrictions have passed, otherwise incumbents might get challenged once in a while.
    --
    grep -ri 'should work' /usr/src/linux | wc -l
  32. will start afresh in January with a clean slate by Parsec · · Score: 3, Insightful

    "Politics is supposed to be the second-oldest profession. Since coming to Washington, I have come to realize that it bears a very close resemblance to the first." Ronald Reagan (Which is ironic given how corrupt the Reagan administration was.)

    Please don't be lulled into believing that reform of these stupid laws will happen just because a new session will be starting. Now is the time your representatives should be coming home to get back in touch with those they supposedly represent. Contact them, get out to town hall meetings and meet them, give them some viewpoint other than the paid one.

  33. Is this a fund raisning compaign? by maddugan · · Score: 2

    Is this where some congressperson announces a bill just to collect some campaign funding by watering it down?

  34. Re:Be nice to Boucher - or not by billbaggins · · Score: 1

    You reading any of the rest of this discussion? Introducing a bill late in the session positions it to be handled early in the next session.

    --
    "The best argument against democracy is a five minute chat with the average voter."
    --Winston Churchill
  35. In this case I don't think so. by PrimeNumber · · Score: 2

    I have followed this guys career, ever since he was interviewed here on Slashdot.

    He has a consistent record of supporting electronic freedoms, and I believe he deserves credit.

    I think the issue you, me and everyone in general are so jaded by political scandals, backdoor dealings, etc., that when there seems to be a genuinely honest guy in washington, we are by default skeptical.

    These are some of the posts about Boucher I found interesting:
    1
    2
    3
    4

    BTW, I am not Rick Boucher :) , but I wish he would move to my district.

    1. Re:In this case I don't think so. by Takeel · · Score: 2

      He has a consistent record of supporting electronic freedoms, and I believe he deserves credit.

      Nevermind the whole little thing about when he voted FOR Internet censorship in the form of a variation on the now-infamous Communcations Decency Act.

  36. For all you naysayers... by hkhanna · · Score: 4, Insightful

    Everyone here who is moaning about how this bill was introduced too late and how Boucher is just another political drone and how this bill doesn't have any teeth, etc etc... PLEASE stop and think. Where we had no voice before, we now have Boucher. Boucher has just given us an inlet into places where the content-control industry reigned. I wouldn't care if this bill did nothing to repeal the draconian portions of the DMCA or require labels on DRM-protected music. The point is that there is now a DEBATE on the floor of the U.S. Congress! A debate where we have a fighting chance.

    So please, everyone, support this bill rather than denounce Boucher, because he's the only one we've got. I'd bet that Boucher knows that introducing this bill will allow him to get feedback on it, so he can re-introduce another one in the next Congress that is more apt to pass.

    For all of you ingrates dismissing Boucher as just another politician, put away your ego for a second and realize that we're in a lot better of a position than we were six months ago. This one's not in the pockets of the media, he's in *our* pockets (for lack of a better term.)

    --

    Think nothing is impossible? Try slamming a revolving door.
  37. Maybe this will help Lik Sang vs MSFT by joeflies · · Score: 3, Informative

    Here is the article which I submitted but was rejected. Sacramento Bee Article I wonder if it would have helped Lik Sang (which provided hardware to use circumvented copy protection), as opposed to personal use copying devices (which the bill focuses on)

  38. CDs Suck by Anonymous Coward · · Score: 0

    The people's hero,rah, rah rah.Theslobs probably trying
    toget more people interested in CDs by proving that they;re
    alright again.You gottah buy a whole cd for maybe one
    good song.It may be digital but the never bother to filter
    the noise. Listen to the radio, they clean up their sounds
    augment them to enhance the stereo effects. Boucher got his
    bouch planted on l'Butte of the music industry. If he can't
    come up with better than a maybe; he & the music industry
    can take a FFatM. Did I say I enjoy my own singing?

  39. Ouch michael by travdaddy · · Score: 2, Insightful

    From the article post:
    Neither of these is worth paying much attention to.
    Perhaps in January some bright Congressperson will introduce a bill which actually takes strong steps toward repealing the DMCA.

    These comments are pretty harsh towards Rep. Boucher. I'm glad to see many of the user posts supporting Boucher and this bill. Anything in Congress going against the DMCA to great to see, even if it's small changes for now. If these changes or something like them goes through, then Congress will being going in the right direction against the DMCA.

    --
    Adidas To Bring Back Sneakernet
  40. (OT) Entertainment Exports by nurightshu · · Score: 2

    [W]e import more entertainment than we export.

    True, but the stuff we have been exporting from Omaha the past few years is pretty good stuff. There's The Faint, Anchondo, Mandown, Grasshopper Takeover, Bright Eyes (if you're into emo), Five Story Fall, and the much-missed Blue Moon Ghetto. In fact, I'd go out on a limb and say a vast majority of the music Saddle Creek Records is producing is good quality. Bringing things back on topic, most of the local bands are very big supporters of their fans' rights to listen how they want.

    Besides, even if the town didn't have a good local indie scene, I'd still rather listen to it than the latest overproduced, subliterate megapop arena sell-out teen sensation.

    --
    They that would sacrifice their .sig space for that cliched Franklin quote deserve neither.
  41. Big names? Yeah, all hardware & no software. by Anonymous Coward · · Score: 0
    Yeah, all the big names are supporting this bill -- all the big names that won't lose any money when everything goes open source free-as-in-beer.

    We all know the much-hated and evil Micro$oft Korporation hates to be ripped off by theives crying about their eroding cyber-liberties, but who else? Where's Electronic Arts' support for copying all their games under the libertine aegis of "Fair Use?" Or the those open source stalwarts at Oracle? Why aren't the new software powerhouses like Siebel signing on to the bill?

    Open source doesn't make money. You're lying if you say it does. VA Linux/Software, Red Hat, Covalent (a company given a reach-around by CNet's News.com on Thursday as a company that "secures" Apache web server software and falsely characterized as a "viable" business) and other open source darlings have all been losing money for years. What started off as some killer technology that was supposed to revolutionize the world turned out to be more of a dopey ideology that just re-hashed everything that commercial software vendors did and called it free-as-in-liberty. Investors are getting wise to that fact and it'll take an act of Congress to keep this ideology alive.

    Unfortunately, it looks like Congress may do just that...

  42. This is cool. by rice_burners_suck · · Score: 1

    Although this bill does not mean much to geeks and others who actually care about these matters, it nevertheless is a step in the right direction. Good job, Boucher.

  43. I can see it now by dacarr · · Score: 2, Funny
    The "copy-protected" logo, in the tradition of catering to stupid^H^H^H^H^H^H the less adept of consumers, will have to be something recognizeable. I would suggest having a silhouette of a pair of rabbits, one atop the other, with the traditional circle-and-slash combo over it, with text captioning underneath that indicates the disk (theoretically) cannot be copied.

    The only problem I see is with dense customers asking, "why would rabbits want to copy compact discs?"

    --
    This sig no verb.
  44. Don't be nice to Devil's Advocates. :) by Chris+Burke · · Score: 2

    Granted it was a nice gesture, but let me play devils advocate here.

    You do a nice job, except you try to make the point that he's not sincere because he isn't doing something useful. This fails because if he's sincere, what he's doing is useful. That's circular logic.

    Of course my argument relies on the eventuality that the bill could be useful. But I think it can. What does he get now that he wouldn't get before? He gets prolonged public exposure for the ideas in his bill. It gets stories written about a bill that wants to "protect your fair use rights". Rights that people may not have realized are being taken away, because they've only thought of it in terms of piracy. It gives a chance for tech companies to come out in favor of the bill, and in doing so give others the courage to do likewise. With any luck, it will become a medium-sized campaign issue, meaning exposure all the way through the campaign (and maybe winning a few more seats for possible supporters of the law). When the next session opens, he or someone else can raise the issue again without it being a surprise. There'll be a large block of popular and corporate support for the bill from the moment it is proposed.

    Oh, it also gets Boucher a lot of good press just prior to his campaign. I can't imagine that he minds this. Yet I don't think that's a bad thing at all, unless he's only doing it for that reason. But that depends on knowing whether he would do it just for the press, even if doing it had no value, and we can't answer that. Since proposing the bill now is useful, I'll give him the benefit of the doubt and presume that's at least part of why he's doing it.

    Not that I mind a good batch of cynicism, I just don't want to let it blind me to someone who may in fact be on my side.

    --

    The enemies of Democracy are
  45. Huh by autopr0n · · Score: 1, Flamebait

    Neither of these is worth paying much attention to: Congress is about to wrap up and go home for the year, and will start afresh in January with a clean slate. Perhaps in January some bright Congressperson will introduce a bill which actually takes strong steps toward repealing the DMCA.

    Oh, thanks great god of everything. You are so much smarter then all of us, thanks for comming to our conclusions for us. Doing that is so much work.

    --
    autopr0n is like, down and stuff.
  46. umm, are you serious by b17bmbr · · Score: 1

    Reagan was the greatest president of the 20th century. The left hates him because to this day he is right.

    --
    My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
    1. Re:umm, are you serious by Parsec · · Score: 2

      Wow, my very own troll!!

      Seriously, your first error is assigning feelings and thoughts to a group without knowing anything about it. The "left" does not have an agenda to hate those who disagree with it. The "right", though, has made many public statements of hate and intolerance. You should pick up a book on "cognitive therapy", I think you'll find it very helpful.

      I won't cite examples here because you're an ignorant troll and I shouldn't be feeding you anyway. The first thing you need to do is start questioning the sources of your "facts". Ask what they have to gain by feeding you their brand of shit. You may find that they have quite a bit to gain in wealth and power. What do I have to gain by convincing you? Nothing, actually, in fact I have wasted precious minutes of my life here.

  47. Speaking of DRM by sconeu · · Score: 2, Informative
    I know it's not really on topic, but on the subject of DRM, MS has changed the root access licence (at least for the WMP 6.4 security upgrade). Here's the new text:
    * Digital Rights Management. Content providers are using the digital rights management technology contained in the applicable OS Product ("DRM") to protect the integrity of their content ("Secure Content") so that their intellectual property, including copyright, in such content is not misappropriated. Portions of the applicable OS Product and third party applications such as media players use DRM to play Secure Content ("DRM Software"). If the DRM Software's security has been compromised, owners of Secure Content ("Secure Content Owners") may request that Microsoft revoke the DRM Software's right to copy, display and/or play Secure Content. Revocation does not alter the DRM Software's ability to play unprotected content. A list of revoked DRM Software is sent to your computer whenever you download a license for Secure Content from the Internet. YOU THEREFORE AGREE THAT MICROSOFT MAY, IN CONJUNCTION WITH SUCH LICENSE, ALSO DOWNLOAD REVOCATION LISTS ONTO YOUR COMPUTER ON BEHALF OF SECURE CONTENT OWNERS. Microsoft will not retrieve any personally identifiable information, or any other information, from your computer by downloading such revocation lists. Secure Content Owners may also require you to upgrade some of the DRM components in the applicable OS Product ("DRM Upgrades") before accessing their content. When you attempt to play such content, Microsoft DRM Software will notify you that a DRM Upgrade is required and then ask for your consent before the DRM Upgrade is downloaded. Third party DRM Software may do the same. If you decline the upgrade, you will not be able to access content that requires the DRM Upgrade; however, you will still be able to access unprotected content and Secure Content that does not require the upgrade.
    Opinions?
    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  48. Rep. Boucher by thumbtack · · Score: 2

    Wow this was a hard one to decide Mod or reply...

    In case you haven't noticed this is the first time we actually have two consumer related bills relating to the DMCA.

    As John Perry Barlow of the EFF stated at the O'Reilly Conference last year "Rep. Boucher is the only person in DC who gets it." Write your congresscritter and tell them to support the bill. Make them aware that there is a ground swell of support. After Nov 5th when the campaign finance laws take effect they will need your vote more than ever. Send a letter to Rep Bouchers office to show your support. Give him some tools to work with.

    Every journey begins with a single step. What has your Rep. done for you lately?

  49. Not enough... by supabeast! · · Score: 2

    What we really need is a technology protection amendment to the US Constitution that prevents a technology from being outlawed just because it can also be applied illegally.

    As long as we keep trying to fight the problem with individual laws, corporations will respond by throwing more money at the problem than we can, eventually overwhelming us by buying out all everyone working on Capitol Hill. By striking preemptively with an amendment to clearly protect all technology, we can shut the corporations down before they mobilize at a level we cannot handle.

  50. Allows linux DVD playing by Anonymous Coward · · Score: 0

    Note that this bill will allow you to use DeCSS for the purpose of playing a DVD you already own, as long as you don't distribute it or otherwise violate the copyright. That's certainly a worthy provision, as opposed to a "vague amendment".

  51. The Register? by Tar-Palantir · · Score: 1

    It cracks me up that this article on the US CONGRESS is on theregister.co.uk...

  52. Recent Slew of Bills not so recent by Anonymous Coward · · Score: 0

    Boucher is the man. You know, he is THE MAN. He is the legislator whose work in 1992-93 is DIRECTLY responsible for giving citizens access to the Internet. Plain and Simple. He's the one who make it happen. Without him we might still NOT have access to the Internet. And he's still at it today. This man SHOULD be President.

  53. Re: Joe Consumer wakes up by King_TJ · · Score: 2

    The fact is, the ability to make "perfect copies" is sort of a "red herring".

    People have been able to make "acceptable copies" using cassette tape (or even reel-to-reel tape!) for years.

    "Joe Consumer" typically doesn't really care if his music is a perfect duplicate of the original. He simply wants it to "sound good" in his car, on his Walkman, or played back on a $179.95 home stereo system in his bedroom or dorm.

    The fact that so many folks treat MP3's encoded at 128bits as "excellent quality sound" illustrates my point further. (These sure aren't perfect duplicates of the original, with all that compression.)

    The recording industry tried to shut down production of the VCR and failed. They probably would have done the same with the first cassette recorders, except perhaps it took them by surprise. Every time a new form of media comes along, they look for a reason to halt copying of their material onto it. The argument that computers and CDRs allow "perfect copies" is irrelevant, really. They just need to drag that out into the open as an excuse to try their same old tricks, one more time.

    I really believe that "Joe Consumer" *has* to win this in the end. Ultimately, he's the only one buying any of these products in the first place. Either you cater to his needs and wants, or you choose not to, and your business model fails.

  54. Re:What has my rep.... one to the North by MickLinux · · Score: 1

    What has my rep done for me lately? Well, my current representative is just to the north of Boucher: Goodlatte.

    Back in 93/4, I found a bunch of newspaper articles about how our ATF, FBI, and National Park Service was gunning down innocent Americans, essentially Nazi SS style. It was only in local newspapers, but not in the national news (one reason I abandoned the national news, and don't believe they give us squat). I took these to Goodlatte, and asked him to "wrist slap" the ATF and the FBI, to let them know that this kind of thing was not acceptable.

    Well, first of all, he actually listened to me. Second of all, after a town meeting just *after* the Waco McVeigh bombing, I went in and repeated my request.

    While all the rest of the country was enmired in an attitude "we gotta show those terrorist American gunloving ... ... ...", Goodlatte actually did sponsor, then cosponsor, then get passed a bill that gave the ATF and the FBI substantial wrist slaps for their own part in terrorism.

    The raids and murders stopped, for about 5-6 years.

    That wasn't too bad, in my opinion.

    I've been in Boucher's district too, and I can't say that I have anything substantially good to say about him. If you think you can use him here, all well and good. But I can't say a lot positive about him.

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
  55. Re:What has my rep.... one to the North by thumbtack · · Score: 2

    I happen to live in Roanoke, in Goodlattes District. Mr G has taken more than $30,000 for this years election(which is $4000 more than the average income in his district) in campaign donations from the "copyright industries" (Oh did I mention he's running UNOPPOSED?) has written Op-ed peices for the RIAA called "Stealing Entertainment".

    When Boucher introduced the Music Online Competition Act "Moca" Last year Mr G and 5 others sent a letter to all of the representatives opposing it.

    I've voted for him in the past, it won't happen again. As for me come November fifth. I'm writing in "Anybody but Bob".

  56. Re:Be nice to Boucher - or not by Anonymous Coward · · Score: 0


    I understand what you're tying to say, and I would agree, but if we don't support measures that are positive, and those who propose them, we won't get very far. If we demonstrate a strong demand, and strong support, more will follow. Killing early efforts because they don't go far enough is one way to make sure we don't get anywhere. I urge you to reconsider, and support Rep. Boucher's efforts, even if it's just by writing and thanking him for his efforts /so far/...

  57. Re: Joe Consumer wakes up by uberdave · · Score: 2

    You are, of course, correct in your analysis about the copy quality. The problem is really that Joe Consumer has the capability to distribute acceptable, or even flawless copies to large numbers of people at virtually no cost. In essence, any consumer can now become a competitor. The high speed providers, AOL, Apple, and others are using "burn your own DVDs", "share music with your friends" and other such enticements in their commercials, so consumers are becoming aware that they can do this.

  58. Re:What has my rep.... one to the North by MickLinux · · Score: 1

    I generally support Goodlatte because he is responsive. I do not consider him to be perfect, I do not consider him to be truly libertarian. He is a libertarian-leaning conservative, with all that that implies.

    My advice would be this:

    (1) go first to his office in Roanoke and then to one of his town meetings, and let him know, first privately (2-3 wks ahead of time) then publicly, why you disapprove of his postion here.

    (2) If he does not eventually come around (and chances are that he won't, but you should give him the opportunity) then support a Libertarian running against him.

    The thing is, Libertarians really will run when there is little or no chance of election, because they run as much to get the message across as to be elected. For them, it isn't an investment in power. Democrats will not run in such a situation. Goodlatte is responsive to his district, so Democrats typically have no chance against him. Thus every year he runs unopposed.

    P.S. There is a Libertarian running for US Senate. I think his name is Hohnberger or something. I vastly prefer him to the Warner [there was the Robber in the Upper House, and the Warner. Allen ousted the Robber, maybe we can get rid of the Warner too, who may be the more dangerous of the two.] Again, I don't consider Allen to be a libertarian, just a libertarian-leaning conservative. But (1) unlike Robb and Warner, he isn't corrupt yet, anyhow (2) libertarian-leaning conservative is far better than outright socialist, which both Robb and Warner are, Robb one kind, and John Warner the other.

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's