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Berman Bill Dead in the Water?

Masem writes "Last summer, Rep. Howard Berman (D-CA) introduced a bill that would legitimize computer attacks by copyright owners on those users that they believed were illegally trading copyright material; the bill recieved a fair amount of criticism for the potental viligante tactics it suggested. That session of Congress ended without resolution of the bill, though Rep. Berman promised to reintroduce it this session. However, the LA Times reports that support for the bill is nowhere as strong as before, and many believe that laws already exist that allow copyright owners to punish illegal traders; as a result, Berman appears to be unwilling to support the bill further. For example, while the MPAA supported the bill, some of the liabilities introduced into it to punish those copyright holders that went too far in their attacks were too much for the Hollywood group." Unfortunately, the LA Times site requires registration.

13 of 205 comments (clear)

  1. LA Times password by polyiguana · · Score: 5, Informative

    Username/password laexaminer/laexaminer.

    Or I could just post the whole thing.

    Rep. Berman May Not Revive Internet Piracy Bill
    By Jon Healey, Times Staff Writer

    Rep. Howard L. Berman said he may abandon his controversial proposal to help Hollywood battle Internet piracy, in part because of complaints from an unexpected source: Hollywood.

    Berman (D-Van Nuys) introduced a bill in July to give movie studios, record companies and other copyright holders limited immunity from lawsuits if they used technology to block piracy on file-sharing networks such as Kazaa or Gnutella. The immunity would not have applied to tactics that damaged users' computers or legitimate file-sharing activities.

    The measure, which died when Congress adjourned last year, drew heavy flak from consumer advocates who said it would encourage copyright owners to become network-snarling vigilantes. Nevertheless, Berman was widely expected to try again this year with a revised version of the bill.

    This week, however, Berman said he may not revive the measure. For one thing, copyright holders may not need extra protection to combat file-sharing piracy, he said. And though Berman wasn't deterred by complaints from consumer advocates, the concerns voiced by Hollywood studios -- among the biggest beneficiaries of the bill, given their active anti-piracy efforts online -- suggested that Berman was climbing out on a limb by himself.

    In particular, Hollywood's enthusiasm for the bill was dimmed by Berman's insistence on imposing new liabilities on copyright holders that go too far in attacking pirates. "And if they're not for it," Berman asked, "where am I going?"

    His comments came in an interview at a conference on copyrights and consumer rights at Intel Corp. in Santa Clara, Calif. "It still may be worth doing," Berman said of the proposal, "but realistically, a bill like this isn't going to zip through Congress."

    Rich Taylor, a spokesman for the Motion Picture Assn. of America, said "the essence of the legislation makes all the sense in the world." However, some MPAA members were concerned about the new liabilities, and some doubted the need for the bill, he said.

    "There were no self-help actions being taken in violation of state or federal laws," Taylor said.

  2. Re:Police? by bmongar · · Score: 4, Informative
    I mean, don't the police, in theory, launch attacks on those who are breaking laws? Could this be considered akin to a drug raid etc?

    This is not the same. For one the police are making the attack, not the 'victim'. Two this requires a court order or imediate need as decided by a police officer, which will later be reviewed by a judge.

    --
    As x approaches total apathy I couldn't care less.
  3. Re:Police? by Sgs-Cruz · · Score: 4, Informative
    Partly true, but police don't generally launch 'attacks' or 'raids' on college kids with a gram and a half in their room. They do it for dealers, you know, people with lots of drugs to sell to other people. The Berman bill would be like allowing police to enter every dorm room and not be liable for damages simply because they thought there might be some weed in there.


    Of course, dorm-wide searches with dogs are done (are they? I assume they are... I mean they're done in high schools...), which I guess is like what the MPAA is planning to do, but on the other hand, the MPAA / RIAA are not police. That is what we have to remember. Despite any shortcomings of the police, they are still public defenders, whereas the MPAA / RIAA are defending one thing only: the profits of their member companies. As such, they work for different masters and would be a lot less likely to be careful with your computer.

    --

    Karma: pi (Mostly due to circular reasoning in posts).

  4. Another article by hibiki_r · · Score: 2, Informative

    There is another decent article about the issue right here

  5. Requisite Google link... by sleepingsquirrel · · Score: 4, Informative

    Or the ever popular google cache here

  6. LA Times password - 2nd tier Karma Whoring by dubiousmike · · Score: 5, Informative

    I usually find that

    username: nopass

    password: nopass

    works on most newspaper sites....
    pretty easy to remember...
    :P

  7. His top contributors: by I+am+Jack's+username · · Score: 5, Informative
    Walt Disney, AOL Time Warner, Vivendi Universal, Viacom Inc, News Corp, DreamWorks SKG. - opensecrets.org

    Congratulations, you're voting for politicians who openly take bribes. Back in my days, they at least did it in secret.

  8. Believe?? by Steve+B · · Score: 2, Informative
    many believe that laws already exist that allow copyright owners to punish illegal traders

    Er, it's a plain fact that there are already laws for the punishment of copyright infringement. This makes it sound as if it's an unsolved mystery like sightings of UFOs or Bigfoot.

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    /. If the government wants us to respect the law, it should set a better example.
  9. Re:hrm by aborchers · · Score: 3, Informative

    Assuming you define "hack" very narrowly as disruption of illegal traffic on P2P networks, that is pretty much exactly what the bill says, although there are numerous safeguards against abuse written into it. Specifically, the copyright holder is not authorized to do any damage to a network or computer, only to disrupt their ability to share the copyrighted material. It also explicitly disallows affecting any user that is not participating in the filesharing, which makes the entire act paradoxical because there is no kind of disruption that can be applied without, at minimum, reducing quality-of-service on the Internet as a whole by virtue of the extra packets required to launch the attack.

    I just wish they'd pass a law that says I can divide by zero. That would save me a lot of compiler errors...

    --
    Trouble making decisions? Just flip for it.
  10. Re:LA Times and registration... by Alien54 · · Score: 2, Informative
    But it seems that if you link to the printer friendly version of the LA Times story, registration is not required. You milage may vary.

    this seems to work for me in Opera and IE, even though Mozilla is my prefered browser

    --
    "It is a greater offense to steal men's labor, than their clothes"
  11. Woulda been the best law ever by briancnorton · · Score: 3, Informative

    Just imagine, you could justify a DDOS attack on the RIAA because they *might* have a copy of your copyrighted armpit fart.

    --

    People who think they know everything really piss off those of us that actually do.

  12. The answer is... by sleepingsquirrel · · Score: 3, Informative
    OK, probaby not the whole answer, but this article points out that...
    Google News already has made arrangements with some leading news sites that use registration schemes -- such as The New York Times. Google News users who click on links to NYTimes.com articles at Google News go directly to the article -- there's no intervening registration screen -- even if they're not already registered at NYTimes.com. This works, explains product manager Mayer, because the site allows Google's spiders to crawl its content and include links in the Google service. When a non-registered user hits a NYTimes.com page, the site will recognize that it's a referral from Google News and serve up the content
    So it looks like should be possible to roll your own brower that makes all of your connections to nytimes.com to appear to be coming from google. Wait a minute, it looks like someone is already doing just that.
  13. Indiana and pi by siskbc · · Score: 3, Informative
    It sort of reminds me of the legends of a proposal in the Indiana legislature (though this is probably just a Kentuckian joke) that pi should be exactly 22/7

    Actually, it damn near happened, as it was brought up for debate and passed in the house. The only thing that killed it was the lucky presence of a (real) mathematician who was there for other reasons, who had the time to "educate" the senators.

    Some things never change.

    Also, the math the sponsor introduces is convoluted and wrong, and he came up with 3.2.

    Links: Here and Here

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    -Looking for a job as a materials chemist or multivariat