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The MPAA's Lobbying-Fu is Stronger Than Yours

Posted by michael on from the but-you-knew-that-already dept.

georgelazenby writes "The Frisco Chronicle reports: While the music industry has been clumsily bullying its way through the federal government, the movie industry has taken a more subtle -- and more effective -- approach. The MPAA has been lobbying individual state legislatures to pass laws reaching far beyond the original DMCA. The proposed laws would permit cable TV companies to 'limit subscribers to using only certain brands of VCRs and could ban TiVo in favor of their own proprietary PVR technologies.' According to one expert, the bills are 'tremendously open-ended and create theoretical and potential criminal liabilities for just about anybody on the planet.'"

17 of 398 comments (clear)

  1. Doesn't sound like an 'expert' to me.. by Anonymous Coward · · Score: 5, Insightful

    >According to one expert, the bills
    >are 'tremendously open-ended and create
    >theoretical and potential criminal liabilities
    >for just about anybody on the planet.'"

    What planet? Planet America? US laws sure don't reach us in Europe.

    1. Re:Doesn't sound like an 'expert' to me.. by aarondyck · · Score: 5, Interesting

      Now that presupposes that the decriminalisation of cannabis will lead to increased drug exporting. On the contrary, I personally expect that it will increase tourism. Why would someone risk getting arrested for transporting pot across the border when they could simply smoke it in Canada?
      Walters said a flood of Canadian pot moving south becomes an American problem, meaning increased border patrols.
      Increased border patrols? Moreso than they already are, what with the terrorist attacks and general threats that the US always seems to be coming up with, I don't see how they could increase border patrols, or even security at border crossings!

      If we were sending toxic substances to your young people, you would be and should be upset.

      Now this begs the point be made of what a toxic substance is. THC bonds naturally to receptors found in the brain--a perfect fit. Other drugs (the more 'serious' drugs) do not fit perfectly with the genetic structure of the human body, but pot does.

      If the American government wants to, they can certainly exert pressure on other governments into changing their laws

      Again, this is untrue. When was the last time that Canada changed their laws, simply because the US wanted them to? Canada is a free country and our Government (which, unlike the Bush administration was elected) is fully able to hold their own in any battle with the US government. Right now International sentiment is against the US, particularly the Bush administration, and I don't think that the US gov't has any effect on Canadian laws, be it either digital media laws or drug laws.

      --
      In order to be immortal you must be organize
  2. You are missing the point. by Anonymous Coward · · Score: 5, Insightful

    Having a system where everybody is a criminal and anybody can be arrested whenever the government want to is scary beyond imagination.

  3. Laws are a disease by Snover · · Score: 5, Insightful

    As unfortunate as it is, many laws that stem from the United States DO carry over to other countries. That's just how things work with the US being such a great superpower in the world. One can only hope that other countries will have more sense than Bush and his cronies.

    --

    [insert witty comment here]
    1. Re:Laws are a disease by aarondyck · · Score: 5, Informative

      many laws that stem from the United States DO carry over to other countries

      I would choose to politely disagree. Look at Canada as an example: We are right next to the US, but do we see any effect from these laws? The DMCA certainly doesn't apply here, and when was the last time you heard of a Canadian being prosecuted for copyright violations?

      This is not limited to technical issues either. If one were to look at the current issues (I was just reading about this on MSN last night, in fact, although I don't believe it was carried on the US msn site): The US has stated that they will impose sanctions against Canada if we decriminalise marijuana...of course, those sanctions would be in violation of NAFTA and the US would have to repeal them shortly after they were put in place. In short, US law simply does not apply in Canada. In fact, not even US moral standards apply in Canada. Should these laws be passed, I doubt that Rogers, Shaw or Cogeco (the three largest cable providers in Canada) would even consider adopting these stances. Canada is a much more liberal country and does not fall into the jurisdiction of US law.

      --
      In order to be immortal you must be organize
  4. DVD's schemes SUCK by westyvw · · Score: 5, Interesting

    First a quote from Dinsdale "DVDs are protected to the hilt," he said "It plays by the rules and ends up being a great consumer experience."

    My ass. It makes it a way for me to have to sit through a FBI warning, and as is the case from some of the newer DVD's to have to watch trailers, (read commercials). I dont want that in something I have bought, or rented.

    So what can a legal owner or renter of a DVD do? Play it with Linux? Yeah, but then I break the law.

    These folks gotta get with the program (pun intended) I want to watch the damn movie!

    As an aside: I have not been to a movie theatre in 5 years and I am not about to go anytime soon. When all of them became tiny little multiplexes I just couldn't enjoy it anymore.

    Screw you MPAA.

  5. Have you joined EFF yet? by Ms.G_Austin · · Score: 5, Informative

    One acronym: EFF
    Check out their State-Level "Super DMCA" Initiatives Archive

    --
    ~ Ms.G {at} NoitacudE [dot]com "Turn it around..."
  6. Read about the legislation by Piquan · · Score: 5, Informative

    While I like the article, it doesn't link to anything for the reader to make their own comparison.

    The EFF has a Super-DMCA archive, with analyses, the templates the MPAA gives to state legislatures, and info on the individual states.

    The MPAA has an anti-piracy statement, and press releases relating to legislation , but I was unable to find anything specifically discussing these particular laws after a brief search.

  7. On Demand House Inspections by mindpixel · · Score: 5, Interesting

    Actually, that's just what it will take if media corporations expect to survive.

    There are two futures:

    1) Corporate IP dies and we move to a gift economy.
    2) We have to be able to prove ownership every binary string we control on demand.

    I vote for a gift economy.

    1. Re:On Demand House Inspections by AndyS · · Score: 5, Interesting

      Both of you seem to be very black and white on this.

      I download a fair few things - Macgyver, old eighties cartoons that are impossible to find, Buffy and Angel episodes and Futurama. Why? Because I can't watch most of them.

      I own Buffy seasons 1-4 on DVD, I want Angel as soon as I can afford it, and Buffy season 5. I'm waiting for some bright soul to realise that releasing the Mysterious Cities of Gold on DVD with English audio would be really smart, I'll still buy stuff. However, if I can't find something or watch it, then I will obtain it through other means.

      I see the future as containing significantly more DRM, but also not a complete absolutism. People will cheat - they will always have friends who can obtain something, but it will be so much easier to obtain something legally, rather than trying to find an obscure film on Kazaa - you'll be able to select it in the same way that the iTunes library works, possibly even better. And when these systems fall down, piracy will fill in the cracks. Much like today.

      The only really massive downsides is that this might really limit the difference between the theatrical release of a film and when it appears on DVD/Interest stores. But I think that all of the industries will adapt - they've done it before.

    2. Re:On Demand House Inspections by shepd · · Score: 5, Insightful

      >or the culture is going to shift and people are going to start paying for things again instead of stealing them (net result: good for everybody).

      The culture isn't going to shift until people such as yourself stop referring to simple copyright violation as such a heinous crime as theft.

      In society, when a law is ignored en masse, it shows a flaw in the system. For exmaple, take speed limits. They never prevented a fast driver from causing an accident (don't believe me? Check your newspaper for the next high-speed deadly street racing collision -- only a driver's judgement prevents accidents), and it would take draconian measures to the point of absurdity for the law to be successful.

      Or, for example, take the fact that time shifting was illegal in the US prior to the BetaMax ruling. The fact it was illegal made no difference to anyone commiting the crime.

      Some would suggest increasing punishments will stop people from commiting the crimes. Current drug laws prove this is a fallacy. The fact that downloading an MP3 makes you vulnerable to 5 years of pound-me-in-the-ass penetentiary rather than the few days it really should be (if jail is needed) hasn't made any difference. Does a night in the slammer stop a drunk from drinking? Does losing a job stop a barfight? Do satellite raids and cease and desist letters keep pirated TV off the streets? Does risking your marriage keep people from visiting whores?

      No.

      Most of the time people follow their own rules in a free society, despite whatever the laws state, unless they feel sure to be caught (draconian society, usually) or that the consequences are so extreme the risk isn't worth it (I suppose a minimum death penalty for certain crimes without any option for parole fits in here, because most lifers never thought they'd be there for life). Fortunately, the vast majority of people are adverse to physical harming each other, and wouldn't dare steal anything much more than some pens from work (and does the possibility of losing your job and spending the night in jail make you want to stop?)

      Patch the flaw and regrow the economy. It's about time. Artists deserve so much more for their hard work than what today's failed laws give them.

      And, part of the patch is to note that people are much more likely to treat others nicely if they're treated well. It's a two way street, and laws like these proposals put 10 ft. sinkholes in that street.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
  8. In other news.... by zakezuke · · Score: 5, Funny

    Great! In other news, RIAA proposes a tax on candles stating that, "wax cylinders are are of the earliest recording technoligies, and we are in danger of loosing valuable dollars with this presently unrestricted technology". Also on record, "Candles can be used to create recordings with very low technology, and we can't allow this." This form of piracy has the record companies scared as they tend to burn well destroying all evidence.

    RIAA also plans to sue a little girl in Beaverton Oregon for recording, "Mary had a Little Lamb".

    --
    There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
  9. Welcome... by Black+Parrot · · Score: 5, Interesting

    ...to the world's first IPocracy.

    --
    Sheesh, evil *and* a jerk. -- Jade
  10. AMERICA THE DISGUSTING by temporarily anon cowie by Anonymous Coward · · Score: 5, Interesting

    As with everything in life there are exeptions but as far as the general impression I get from USA these days..I'm simply disgusted.. disgusted in that the american people let Bush steal the election (YEA HE DID!!).. disgusted in how the american government has abused the WTC catastrophy to get all sorts of severely abusive laws in place and how the public has let them.. disgusted at how fucked up the american so called justice system is, they call it justice but it does nothing but fulfill a lot of triggerhappy gunslinging angry revengeful peoples thirst for blood.. America has gone from admireable to just downright disgusting.. I pray and hope that the majority of the American population will see the light soon and DO something about the situation instead of just sitting idly by. I get blased with ppl telling me that the general american population does NOT agree with what the government is doing but until all those who claim to be part of that need to GET OFF THEIR ASSES and DO something about the situation and then you need to come join the rest of the world instead of seeing yourself as superior to everyone else, as history proves over and over and over again.. whenever someone think they're better than anyone else.. there will be revolution. I feat that WTC was just the start of that.

    Please dont ruin the world and freedom for the rest of us.

  11. The New Millineum same as the Old Millineum by l0ungeb0y · · Score: 5, Interesting

    Back in the day, the commoners were only allowed to read the bible. People were persecuted for writing books with "subversive" or "heretical" thoughts and others for reading them. Scientists and scholars alike lived under the yoke of the church.

    Fast forward back to today.
    We are on the precipace of a technological dark age.
    Basic freedoms are being summarily dismissed when it comes to anything "technological" under the guise of "Intellectual Property and Copywrite Protection" as well as "Security Considerations"

    Think I'm paranoid?
    Maybe, but here's a couple quick comparisons:

    1600AD: All one has to do is cry " Witch!!" and the accused was immediately persecuted.

    2003AD: All one has to say is "MP3 Pirate!!!" And that person is immediately subject to persecution.

    1632AD: Galileo's The Dialogue Concerning the Chief World Systems was printed -- The ideas in this book leads to his arrest/trail/imprisonment

    2001AD: Dmitry Sklyarov arrested for writing software that was alleged to violate the DMCA

    Ironic ain't it :)

  12. TN law not from MPAA? Or is the rep duped? by rknop · · Score: 5, Informative

    After sending forward the EFF's letter, as well as one of my own through physical mail, I got an E-mail message from Rob Briley, the TN House rep supporting the TN law. He said that those who opposed the law hadn't read the amendment, and that terrible amounts of misinformation were being spread about it. (I wrote back telling him that even with his amendment, I really didn't want that law.) In particular, he said that he had never been contacted by the MPAA, and wondered why people thought that.

    Given that this TN law is like the others and coming at the same time, I'm suspicious. It's possible that this just happened to come up on its own and be similar. More likely, though, Briley was contacted by somebody trying to get him to push this law. It's possible Briley is just lying to me, but it's also entirely plausible that Briely doesn't even know he's being used as a pawn of the MPAA.

    Gotta love this country.

    tndigitalfreedom.org has an account of several people showing up at a senate commitee hearing on the law. It was clear that most of the sentaors simply didn't understand the implication of the law... and they were relying on a cable industry guy to interpret it for them. When they learned that perhaps there were other things to worry about, they delayed passing the law out of committee. The alarming thing about this is that even though the senators showed a desire to do the right thing once they learned of worries, it does mean that it would have just rubber stamped through if the tndigitialfreedom people hadn't showed up. In other words, our state legislatures are probably passing laws they don't understand all the time, just because whatever industry lobbyist is interpreting it for them makes them feel all warm and fuzzy about it.

    Great, huh?

    -Rob

  13. Is it always going to be necessary? by zogger · · Score: 5, Insightful

    --an even further analysis shows that at some point "IP" as property is going to be fairly silly. What would a geek really want in his kitchen? A star trek replicator? How would the farmers pay their bills then, once their job and work is outdistanced by available technology?

    What this is is an example of the age old rift between protectionism and advances in technology and more open markets. The paradigm of the IP creator being a full time "worker" who garners all his wage with producing those works has always changed over time. At one point only the royals were rich enough to "own" a painting, or to keep a court musician on the payroll, or to have "theater on demand". Only a few owned books, because of the monopoly of the royal religious scribes, who hand copied bibles etc.

    Right now we are at a major crossroads again, as the technology already exists to make a large part of "IP" business obsolete. That's why they are pulling out all the stops, they right now can be replaced. So you then have to ask, which parts still require "protectionism".

    I find this sort of amusing, moving in political circles where up into about two years ago, white collar workers were sneering at blue collar workers as their jobs got "outsourced" and "made redundant" by advances in technology and the markets. Myself being a blue collar worker noted that is was few and far between that I could see much support (on the web in forums) from much higher paid people than I, working in "still vibrant" economies such as IT/IP. I got laughed at, put down, told to STFU, that my "work" was buggy whip work that modernization and automation and the "free market" made obsolete, so tough luck. Now that THEIR paycheck is threatened, by outsourcing and automation,by improvements in technology, by the skills required to produce this sort of "product" becoming lower and easier, etc, they are crying foul, FOUL they say,they are "wondering how they will feed their families and pay their mortgage".

    Well, same thing I kept getting told and keep getting told, at a retirement (or close enough) age, "learn a new skill, perhaps the old one isn't as relevant any more, keep up with the times, pull yourself up with your boot straps" and etc.

    SUCKS to get told that doesn't it? Pretty easy to slam it out when it's someone else, isn't it, real easy? But it SUCKS to take it, doesn't it,. sucks to be honest, to actually SEE reality.

    "IP" busy-ness and it's related side "jobs" as a full time "job" is rapidly being replaced with automation and ease-of-accomplisment.

    GASP, OH NO!!! Geeks who type arcane symbols fall out of chairs all over, "artistes" swoon and get the economic vapors, middle man skimmers get red in the face, demand "laws, we say MORE,MORE, AND MORE LAWS!!! TO PROTECT....." Whatever. Whoops, you are demanding "protectioinism". wow.

    It is no different from ANY other industry, nothing special or magical about anyone's "job" there. You never got handed a lifelong job/profit guarantee. Joe Bubba in the factiory doesn't have it, and is losing bigtime, told to "get with the program". Joe Farmer at the family farm is going through it. Where is it carved in stone that programmers and entertainment "artistes" and middle man "trader-skimmers" are guaranteed a full time job that "pays all the bills"?

    Soon-perhaps- it will be possible for the end user-the consumer-to "program on demand" applications exactly like they want them. What then? Soon it will be possible to have huge amounts of "entertainments" created-not even copied but CREATED "on demand", cheaply and at the single consumer level. If anyone forgot, it was blacksmiths that "put themselves out of business". The metal workers did it to themselves. today, engineers are putting themselves out of business, as they concentrate on automation-even with their own jobs! When I was a kid, AUTOCAD did NOT exist.

    Where do you draw the line on advances in technology? Should we still be paying scribes to hand copy books? At one time it was