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Texas Rep Wants To Jail File Traders

kUnGf00m45t3r writes "There is an article on Wired about how Texas Rep. John Carter wants to jail some college students to scare people away from illegal file sharing. He says, "What these kids don't realize is that every time they pull up music and movies and make a copy, they are committing a felony under the United States code," Carter said in an interview. "If you were to prosecute someone and give them three years, I think this would act as a deterrent." Right..."

22 of 688 comments (clear)

  1. What these kids don't realize by Anonymous Coward · · Score: 3, Insightful

    Am I the only one who finds this to be condescending? "These kids" is no better than "you people" - I'm sure most Americans will remember the "you people" scandal from the mid-90s.

  2. 3 years of training and a felony conviction? by Fred+IV · · Score: 5, Insightful

    Great 3 years in prison is plenty of time for them to learn how to be a real criminal. And since the felony will create problems getting a job when they get out, they will have the inclination to do illegal things for money so they can eat and pay rent.

    There just isn't enough violent crime in the US anymore. Let's all thank the Texan for finding a way to correct that problem.

  3. Re:Yeah, right.... by tomknight · · Score: 3, Insightful
    After all, the Pres has said that he'd spring from jail (in EU) any US citizen convicted of a crime by the International Court. Now who's respecting the international community? God, this man's hypocrisy makes me want to vomit. Yeah, this is offtopic but what the hell does any of this shit matter anyway?

    Tom.

    --
    Oh arse
  4. Stupid by Anonymous Coward · · Score: 3, Insightful

    His priorities are all fucked up.

    His priority is corporate payrolls, not the people.

    Revolition time, overthrow the gov. that the people Remember, the gov is SUPPOST to represent the PEOPLE, lately they just represent the CORPORATION.

    Overthrow it.

  5. An ineffective stance by Motherfucking+Shit · · Score: 5, Insightful
    Says carter (according to the article),
    Carter said making an example of a few college students could go a long way toward bringing home the message that sharing and duplicating copyrighted materials is wrong.

    "Sometimes it takes the shock value of someone actually being punished," Carter said. "In this particular instance it might also send a message to these kids that are operating on these networks that, 'Hey, I better stop.'"

    Students would learn quickly that copying even one album is not worth the potential punishment, he said.
    So he wants to punish "a few" students in the hopes of deterring the rest of them? Sorry, it's not going to work. As the article mentions, there are hundreds of thousands if not millions of college students engaging in file sharing. Putting "a few" of them in prison isn't going to deter the remainder; instead, those who aren't among the unfortunate "few" will think what everyone else is thinking: "they might bust a few people, but they won't bust me."

    Filesharing is, in my opinion, much like speeding. A whole hell of a lot of people do it, and only a small percentage ever get caught or have to face the music, so to speak. When more than half of drivers are doing 70 in a 55, and only 1 in 5,000 are pulled over and given a ticket, there is no deterrent! Similarly, if you've got hundreds of thousands of students sharing files illegally, and you only punish "a few" of them, that's not going to discourage the rest of them.

    The idea that "they won't bust me" is always going to be prevalent. Either we put them all in jail for committing these horrible felonies, or we don't bother busting any of them.
    --
    "BSD: Free as in speech. Linux: Free as in beer. Windows 10: Free as in herpes." --Man On Pink Corner in #52607549.
    1. Re:An ineffective stance by kenthorvath · · Score: 3, Insightful
      I think this would act as a deterrent.

      Yes, it would definately deter hundreds of thousands of filesharers from his reelection... Let's face it, if the American people made enough stink about changing the copyright laws to allow casual filesharing, it would happen. There are enough people who do this and vote that it would make a significant difference. All we need is ONE candidate up for election who makes this his issue and the rest will scurry into place, either immediately agreeing, or seeing the light after they lose.

  6. File traders by gmuslera · · Score: 4, Insightful

    The real threat right now is spammers, not file traders. Is something that affects and in some way or another harm or could harm us all. Why not put them all in jails? or in pits, or use them as human shields on iraq, etc.

  7. Let the punishment fit the crime by smylie · · Score: 5, Insightful

    From the article:
    "What these kids don't realize is that every time they pull up music and movies and make a copy, they are committing a felony under the United States code," Carter said in an interview. "If you were to prosecute someone and give them three years, I think this would act as a deterrent."

    I know the american judicial and political system can be pretty screwed up at time, but just how much support does this guy think he's going to get from his constituents (read votes), when he starts sending kids to jail for three years in punishment for what amounts to fiften dollars worth of copyright violation?

    To compare, how long do you expect Jeffrey Skilling (former Enron CEO) to spend in jail for the $30 billion lost there . . .

    1. Re:Let the punishment fit the crime by z_gringo · · Score: 3, Insightful

      I read that also, where he mentioned that they were "committing a felony under the United States code" every time they downloaded a song.

      Can that be correct? It may be illegal, but is it really a felony? That seems a bit harsh, but then again, there are a lot of things that are felonies in Texas that aren't felonies elswhere.

      Of course Unlawful Carrying of a Weapon (Handgun, whatever), is only a mesdemeanor.

      --
      -- -- Warning. Do not stare directly at the sun.
  8. All we need is several million by goldcd · · Score: 5, Insightful

    students, the intellectual future and security of a nation, all turning up on his doorstep turning themselves in for 3 years jailtime. A great way to point out the stupidity of his words, and secure free accomodation until the end of your education.

  9. Re:logic? what about message? by jkrise · · Score: 5, Insightful

    I remember while rejecting the case for breaking up MS, Dubya said we don't want to send the wrong messages to American Corporations. They mustn't feel endangered to carry on innovating in their own country.

    What message does jailing students send to American citizens? The one I can hear is "Innovative students who offend Corporations will be jailed. Even if the 'guilty act' does not merit such severe action ".

    --
    If you keep throwing chairs, one day you'll break windows....
  10. Re:Hmmm... by 91degrees · · Score: 4, Insightful

    We're not talking about stealing here. We're talking about copyright infringement. i.e. violation opf their exclusive right to reproduce.

  11. fine, but let's do something else first... by g4dget · · Score: 4, Insightful
    Let's first jail some politicians for several years that have violated campaign financing laws or misused political funds for political purposes. Yes, this includes politicians that only violate them on "technicalities" or can't fully account for where the money went. Why don't we start by auditing Carter himself?

    In the grand scheme of things, cleaning out corrupt politicians is a whole lot more important than cracking down in file trading by people with no money. I'm sure jailing people like Carter for a few years would have a wonderfully deterrent effect on other politicians. What about it?

  12. Re:Hmmm... by PerryMason · · Score: 3, Insightful

    For me, if they can guarantee me that the CD I buy wont scratch, crack or split for my lifetime, then I would be happy to pay the money.

    As it is, I do buy a few CDs, but only if I consider the package as a whole is worth owning. If record companies want people to buy CDs they should try making the product 'value-added' enough that its better than just having the MP3. Good artwork, lyric sheets, stylised packaging. Do anything to make it worth the money, but don't expect people to pay for a CD when its as easy as ripping it, or P2Ping it.

    Thats my opinion anyway.

    --
    "I'm tired of all this 'Aren't humanity great' bullshit. We're a virus with shoes" - Bill Hicks
  13. My Rant by jfollas · · Score: 4, Insightful

    It really bothers me that the RIAA et al compares digital media piracy to be the very same as walking into a store and shoplifting a CD. Conceptually--alright, I see their point that theft is theft. But, let's compare apples to apples here.

    Swapping a song is more akin to going to your library and copying an article out of an encyclopedia. I mean, the library paid for that encyclopedia, but Britannica certainly isn't getting any type of royalty or extra revenue for your actions. And, this behavior is actually accepted (otherwise, why did my college library have eight copy machines on each floor?).

    The fact is, and this has been stated over and over again, that the recording industry is using a business model that is quickly becoming antiquated because it has not adapted to changes in digital media capabilities (i.e., instant gratification: easier and cheaper to download a single track from the Internet than to drive to the music store).

    Furthermore, what is the motivation or desireable quality of owning a physical CD at the cost of $15? For the eight garbage tracks that you get in addition to the 1 or 2 good songs? For the really cool cover artwork? For the satisfaction that your $15 contributed to the squandering lifestyle of the artist, or even worse, the recording label?

    Perhaps my views are seeded in jealousy. There, I said it. Because I have no marketable talent, I'm forced to work 40+ hours a week and live entirely on that paycheck. Recording stars might put in long hours at the studio (boo hoo--we all put in long hours to meet our deadlines probably more frequently than they record an album), but in my eyes, they aren't truly working unless they're touring. And, just because they can sing or otherwise attract public appeal, they have the opportunity to afford all kinds of luxuries PLUS have big companies give them all kinds of products for free in hopes of some sort of endorsement. I wonder what that would be like....

    Call it theft or whatever, but I think that the everyday 40+ hour a week employee has voiced its opposition to the practices of the recording industry that takes money away from the working class to support the lifestyle of the artists.

  14. Re:Yeah, sure. by mpe · · Score: 4, Insightful

    The US has a higher proportion of its citizens in jail than any other country - in all of history.

    This isn't just in comparison with other "democracies", this is of anywhere, including dictatorships.

    It now looks like it's trying hard to keep anyone else from approaching this record.

    This is something for the "land of the free" to be ashamed of, not proud of.

  15. Re:Hmmm... by macdaddy357 · · Score: 4, Insightful

    "Forget the muderers and rapists, they are no threat to society. We need to lock up file traders!" Who is this asshat? Boycott the recording industry.

    --
    How ya like dat?
  16. This is why file sharing should be legal by rpgguy76 · · Score: 3, Insightful
    Even though this article from the Baen Free Library is about books it applies equally well to file sharing. Check out the entire article at Baen Free Library
    "And, just as important -- perhaps most important of all -- free books are the way an audience is built in the first place. How many people who are low on cash and for that reason depend on libraries or personal loans later rise on the economic ladder and then buy books by the very authors they came to love when they were borrowing books?

    Practically every reader, that's who. Most readers of science fiction and fantasy develop that interest as teenagers, mainly from libraries. That was certainly true of me. As a teenager, I couldn't afford to buy the dozen or so Robert Heinlein novels I read in libraries. Nor could I afford the six-volume Lensmen series by "Doc" Smith. Nor could I afford any of the authors I became familiar with in those days: Arthur Clarke, James H. Schmitz, you name it.

    Did they "lose sales?" In the long run, not hardly. Because in the decades which followed, I bought all of their books -- and usually, in fact, bought them over and over again to replace old copies which had gotten too worn and frayed. I just bought another copy of Robert Heinlein's The Puppet Masters, in fact, because the one I had was getting too long in the tooth. I think that's the third copy of that novel I've purchased, over the course of my life. I'm not sure. Might be the fourth. I first read that book when I was fourteen years old -- forty years ago, now -- checked out from my high school library."

    Author Eric Flint
  17. Re:Hmmm... by 91degrees · · Score: 3, Insightful

    We're not taking anything. We're copying.

    Using that logic, you might as well say that taking a photo of someone is stealing.

  18. Re:Hmmm... by orangesquid · · Score: 4, Insightful

    Copyright infringement is not as serious of a crime as politicians, the RIAA, and the MPAA would like people to think. If I cross the street at crosswalks 100 times, and I jaywalk 99 times, should I get jailed? Who has been hurt?

    Jails are for extremely violent or disorderly people who have the potential to ruin others' lives and do not care what happens to others. Most college students (except for some of the frat boys around here) do not fit into this category (not even close!). Jails are for dangerous crimes; violent crimes are dangerous, drugs are considered dangerous (perhaps if you are a pusher, but what about the rest of the people in jail for drug dealings and possession?), and cheating the (economic) system in grandiose ways is sometimes considered dangerous.

    How is file sharing, something that has been going on for years and years *anyway* (ever copied a tape or CD? recorded something off the radio kept it? recorded something off TV and kept it?), suddenly such a grandiose crime that it is ruining others' lives in such a serious way?

    Jails are designed to hurt and punish people who haven't learned not to hurt and punish others. By not buying a CD, who am I hurting? If I like an artist enough, I will by their CD. If I don't consider it worth my money, I won't. In the past, I would just tape songs I liked off of the radio to make mix tapes. How is this different? Let's start turning in powerful people for making mix tapes with songs off the radio, shall we? I do believe that qualifies as an "illegal download." Then maybe people will realize how ridiculous this whole business is (in most cases, anyhow).

    Piracy? Theft? Hahahahahahaha. I guess "copyright infringment" isn't scary enough of a word. If I go to jail for piracy, I better have looted and pillaged. If I go to jail for theft, I better have acquired lots of new physical possessions from a store, defeating store security.

    --
    --TheOrangeSquid Is it any wonder things seem so awry? We swim in a sea of confusion and don't have to think to survive
  19. Great Idea! by Anonymous Coward · · Score: 3, Insightful

    Locking up a few of "these kids" worked so well with our War on Drugs!
    If he succeeds, pretty soon there won't be any file trading, just like now there are no more illegal drugs in this country!

  20. Re:Hmmm... by Reziac · · Score: 4, Insightful

    Imagine the result in a "three strikes" state like California. It's conceivable, and was recently upheld by the Supreme Court, that someone could get LIFE IN PRISON for having a record of 3 felonies, each of which was for file trading.

    That's absurd.

    It's also absurd that someone is willing to ruin some bright and basically good kid's life (a felony on your record severely limits your options) just to make an example and a point.

    Here's a legal proposal for you: it should be unlawful to use criminal law to make examples of anyone. If you prosecute one offender, you should have to prosecute them all. (College campuses everywhere are suddenly vacant; millions of voices are suddenly silenced.)

    --
    ~REZ~ #43301. Who'd fake being me anyway?