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Sen Hatch Would Like To Destroy Filetraders' PCs

CBackSlash writes "Sen. Hatch is interested in technology to remotely destroy computers. But it would only be used if you're downloading copyrighted material, and only the copyright owner should be able to wield this awesome power, since having the feds do it would be against the law. Here is the AP story from Yahoo!."

33 of 1,372 comments (clear)

  1. Later in the discussion... by Sanity · · Score: 5, Funny

    ...Sen Hatch went on to propose that cars be designed so that they explode when they exceed the speed limit - or "pirate drive" as he preferred to call it.

    1. Re:Later in the discussion... by rkz · · Score: 5, Funny

      rkz is interested in technology to remotely destroy Sen Hatch.

    2. Re:Later in the discussion... by Goldberg's+Pants · · Score: 5, Funny

      hehehe

      This is ridiculous. Wilful destruction of property is AGAINST THE LAW! Let's look at this another way. He's effectively saying that if you download copyrighted material, someone can be sent by the company that owns it to break both your legs.

      Given the sheer number of fakes on P2P software, you could download something claiming to be the new Metallica album, and find it to be an MP3 of someone saying "YOU DOPEY FUCK" a million times. But as far as the record company is concerned, "Oh, he downloaded Metallica's album, nuke him!" and you're left with a pile of smouldering rubble.

      Hatch is a cunt.

    3. Re:Later in the discussion... by Goldberg's+Pants · · Score: 5, Interesting

      Incidentally, how are they going to verify the location of the individual? Despite the US governments wishes, only a small part of the planet is under their direct control and, ergo, their laws. Dubious legality of destruction not withstanding, they sure as hell have NO rights to destroy someones system in Sweden or wherever.

      Plus, one would HOPE you get a warning before they nuke your system.

      Wonder if Dell is behind this plan?;)

    4. Re:Later in the discussion... by Goldberg's+Pants · · Score: 5, Interesting

      Erm... Remember the CIH virus that nuked your CMOS, and in many cases the outcome was requiring a new motherboard? You can backup all you like. Without your MOBO you ain't goin' nowhere...

    5. Re:Later in the discussion... by IdleTime · · Score: 5, Informative

      Well, rather than waste your bytes on /., do as I did, go to Senator Hatch's website and send him a message complaining about his support for such an attrocity.

      Here is a direct link to his feedback/email page: Contact Form

      --
      If you mod me down, I *will* introduce you to my sister!
    6. Re:Later in the discussion... by Ziest · · Score: 5, Interesting

      This is ridiculous. Wilful destruction of property is AGAINST THE LAW! Let's look at this another way. He's effectively saying that if you download copyrighted material, someone can be sent by the company that owns it to break both your legs.

      I have a question for the Senator from Utah. Under the recently passed Patriot Act distruction of a computer system is considered an act of terrorism. Does the senators recent comments mean he is now supporting act of terrorism?

      --
      Another day closer to redwood heaven
    7. Re:Later in the discussion... by M.+Silver · · Score: 5, Insightful

      No matter what there will be countermeasures by random hackers.

      More to the point, there will be countermeasures by virus writers.

      Imagine if the system Hatch proposed (at least, I think it was him at that point in the story) is implemented: two warnings, and your system is destroyed.

      Now imagine a virus. If the capability is written into the hardware, all it has to do is trigger it locally. If the capability is somehow, magically, out there in RIAAland, all the virus has to do is download offending material and suppress the warnings.

      The virus writer is nowhere to be seen, so the consumer's wrath is going to fall on the folks who put the weapon into the virus writer's hands.

      Hmm.

      Maybe slashdotters should *back* Hatch in this.

      --

      Slashdot's token middle-aged housewife
    8. Re:Later in the discussion... by BrokenHalo · · Score: 5, Funny
      "destroying" someone's machine like Sen. Hatch suggests is always wrong...

      Brings to mind a quote from about 1989 when a generalissimo of Borland (if my memory serves me correctly, 14 years is a long time) said:

      "The only thing you can do to stop someone pirating your software is to go round to his house and kill him."

      When asked if that wasn't a little extreme, he said "Well, maim him anyway." :-)

    9. Re:Later in the discussion... by VivianC · · Score: 5, Insightful

      I think a more respectful, mature tone might have better results:

      Dear Senator Hatch,

      I am writing in response to your comments today in support of allowing large corporations to destroy the property of individuals based on suspicion of trading in copyrighted works with any judicial oversight or review. I feel the need to remind you that we still have a justice system in this country that is already in place to handle infringement cases after proof is given. This justice system has even been slanted to give more power to companies and individuals based on the amount of money they can bring to the effort. I don't think allowing huge corporations to bypass even the decidedly un-level playing field of the court system is in the best interests of the people of the State of Utah or the United States of America. This would be akin to allowing Best Buy or Sears to imprison suspected shoplifters without trial or recourse. This cannot have been your intention.

      Admittedly, I trust the media even less than I do large corporations so I am looking forward to a statement correcting your stance being available in the future.

      Thank you for your time.

      Respectfully,

      --
      Viv

      Gmail invites for ip
  2. Hatch has finally lost it by dtolton · · Score: 5, Interesting

    That is just pure lunacy. Hatch has said some pretty crazy
    things over the years, but this has to top the list.

    I've been a supporter of Hatch for several years, even helping
    with the election effort on several occasions. This takes the
    cake though, it's time to get fresher blood into that office.

    If you want to call his office and complain (as I will):
    DC Office: 202.224.5251
    SLC Office: 801.524.4380

    here is his website:
    http://www.senate.gov/~hatch/

    Please call and voice your extreme antagonism to these types of
    statements. Although the other Senators called him down, he
    needs to know that we hear these statements and are against them
    in the extreme.

    I just got off the phone with the Salt Lake Office, and they had
    no idea he had made statements of this nature. In fact she was
    quite taken back to hear of them. Please call and let them know
    how you feel about this. If they know their voters are against
    this type of behavior, they will change it.

    --

    Doug Tolton

    "The destruction of a value which is, will not bring value to that which isn't." -John Galt
  3. Next.... by Spydr · · Score: 5, Funny

    will he be making guns that shoot the robbers when they are pointed at police officers?

  4. watch out! by Occam's+Hammer · · Score: 5, Funny

    Iâ(TM)m guessing that the next big computer worm will plant a Celine Dion song on your computer and then send an âanonymous tipâ(TM) to the RIAA.

    --
    (sig on loan to Smithsonian)
  5. Finally, something less reasonable... by Ebony+Run · · Score: 5, Funny

    Finally something less reasonable than self-destructing DVD's.

    --
    I Geek
  6. Here was my posting of the story: by efatapo · · Score: 5, Informative

    "Washington Post reports that the chairman of the Senate Judiciary Committee, Orrin Hatch from Utah, said Tuesday he favors developing new technology to remotely destroy the computers of people who illegally download music from the Internet. A notably quote: "If that's the only way, then I'm all for destroying their machines. If you have a few hundred thousand of those, I think people would realize [the seriousness of their actions]". Hatch has a personal interest, since I'm sure his music is pirated on a regular basis. ;)"

    Just thought people might appreciate other links and such...guess I should've submitted it a couple minutes earlier....oh well :)

  7. This is already possible - Grubbnix! by beee · · Score: 5, Interesting

    Does anyone recall the code for Grubbnix? It was a quick hack in the early to mid 90s, but it worked quite well. Call it a cross-over between a bootloader and an OS, I suppose.

    Anyways, the interesting part of Grubbnix was that it had a lot of capability and use when it came to flashing your BIOS (most major motherboard companies today still use a Grubbnix variant with their flashing utilities). I still remember one variant called Hucker (or something like that, maybe Huckey) that was spread around on disks to unsuspecting users. When you loaded it and left it running, it opened up your system enough so that someone via TCP/IP could execute commands, one of which was to completely shitfuck your BIOS, and sometimes even managed to cause damage to the CPU/motherboard by modifying threshold settings in the BIOS (depending on your model #).

    It used to be passed out to "enemies" at HackerCons, who would then take it home, load it, and end up with a fucked PC.

    Perhaps Senator Hatch needs to give the Cult of the Dead Cow an e-mail and see if they still have the source around somewhere ;-)

    --


    + Donald Gunth
    + Email: dgunth@quicktek.net
    "Caffeine is the greatest lubricant ever created." -ESR
  8. No excuse by drinkypoo · · Score: 5, Insightful
    "There's no excuse for anyone violating copyright laws," Hatch said.

    And there is an excuse for vandalizing a PC?

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  9. Re:Why would he do that? by slashdoter · · Score: 5, Insightful
    You still emphasised the wrong part.

    Sen. Orrin Hatch, R-Utah

    Don't fool yourself and think it's only the republicans.

    --
    Does anyone actually have a Java program designed to control air traffic, or for the operation of a nuclear facility?
  10. Re:Larger implications by autopr0n · · Score: 5, Insightful

    This is not just about file-sharing. It's about the ability of the government to remotely wipe out your computer, and creating the mindset that people whose computers are wiped out must be bad and therefore unworthy of notice or protection.

    No, this is about allowing powerful corporations to legally take vigilante action to protect their revenue streams. At the click of a button, without filling out any paperwork. This is, of course, far far worse.

    The government can already cease your computer for years for 'analysis'. This is a de facto punishment for hacking imposed by law enforcement. Not good, but at least they have to drive out to your house and fill out some forms.

    --
    autopr0n is like, down and stuff.
  11. Campaign contributors by sleepingsquirrel · · Score: 5, Informative
    Orrin's top contributors.

    1. HealthSouth Corp $38,255
    2. Pfizer Inc $34,000
    3. Qwest Communications $29,000
    4. Metabolife $27,250
    5. AT&T $25,499
    6. Torchmark Corp $25,000
    7. AOL Time Warner $24,000
    8. GlaxoSmithKline $21,000
    9. Novell Inc $20,500
    10. SmithKline Beecham $20,499
    11. Oracle Corp $19,750
    12. Global Crossing $19,500
    13. Verizon Communications $19,500
    14. Pharmaceutical Rsrch & Mfrs of America $18,775
    15. Viacom Inc $18,750
    16. Schering-Plough Corp $18,000
    17. Bear Stearns $17,750
    18. SBC Communications $17,500
    19. Merck & Co $17,440
    20. Rexall Sundown Inc $17,000
    21. Walt Disney Co $17,000
    1. Re:Campaign contributors by stinky+wizzleteats · · Score: 5, Informative

      1. HealthSouth Corp $38,255

      As in this Healthsouth?

      I guess piracy, although applicable to a 13 year old kid who downloads a Metallica song, is not applicable to the likes of Ken Lay and Richard Scrushy. I would suggest that if the Senator is truly concerned about fighting crime, he start by returning the money bilked from Healthsouth investors.

  12. This is definitely nonobvious by MillionthMonkey · · Score: 5, Funny

    The senator acknowledged Congress would have to enact an exemption for copyright owners from liability for damaging computers. He endorsed technology that would twice warn a computer user about illegal online behavior, "then destroy their computer."

    United States Patent Application 732980759-32754321

    User interface for remotely enforcing copyright

    Abstract

    A user interface and corresponding application program interface (API) and hardware device providing a set of functions for remotely enforcing copyright legislation.

    Inventors: Hatch, Orrin (R-Utah), MillionthMonkey

    Serial No.: 053243653216
    Series Code: 10
    Filed: June 17, 2003

    Claims

    1. A software architecture for a distributed computing system comprising: a pissed off copyright holder, a hardware device capable of being remotely destroyed over a network; and an application program interface to present two dialog boxes to a user who is sharing files to present functions of the application to access and destroy his hardware.

    2. A software architecture as recited in claim 1, wherein the distributed computing system comprises client devices and peer-to-peer devices that handle requests from other peer-to-peer devices, the remote devices having been hardwired with explosives by the manufacturer.

    3. A software architecture as recited in claim 1, wherein the distributed computing system comprises client devices and peer-to-peer devices that handle requests from other peer-to-peer devices, the remote devices having been sharing files with other peer-to-peer devices as outlined in section 1.

    4. A software architecture as recited in claim 1, wherein the application program interface comprises: a first group of services related to discovery of file sharing activity, a second group of services related to displaying two dialog boxes to the user, and a third group of services related to remotely detonating a device as outlined in section 1.

    5. An application program interface as recited in claim 4, wherein the first group of services comprises: first functions that enable copyright holder to scour remote device for peer-to-peer activity relating to copyrighted content; a second group of services related to displaying two threatening messages to the user, and a third group of services related to reception of the kill signal and subsequent detonation.

    CONCLUSION

    Although the invention has been described in language specific to structural features and/or methodological acts, it is to be understood that the invention defined in the appended claims is not necessarily limited to the specific features or acts described. Rather, the specific features and acts are disclosed as exemplary forms of implementing the claimed invention.

    And I'm off to the patent office! Later, suckas!

  13. http://codexwriter.xadiumproductions.ath.cx/ by codexwriter · · Score: 5, Funny

    R. Orin Hatch of the Senate Judiciary Committee wants a system installed in computers that will warn copyright abusers (people who download mp3's) two times, and then destroy their computers.

    Quotes from Senator Hatch, "If that's the only way, then I'm all for destroying their machines. If you have a few hundred thousand of those, I think people would realize" ...

    "There's no excuse for anyone violating copyright laws," Hatch said.

    Now as you can imagine, there are a lot of people who are pretty upset with the idea. They are all yelling and screaming, but I am smiling.

    I for one applaud Mr. Hatch! These are exactly the kinds of laws I hope he can get passed.

    He has my staunch support!

    I also think cars should warn you twice before you drive faster than the speed limit and then just shut off... forever. This will cause there to be fewer cars on the road, less cars means less pollution and fewer traffic jams Phones used in movie theaters should warn you once, and then stop working, which will lead to lower numbers of brain cancers. J-walkers should get two warnings and then have their legs amputated (that will teach them) thus reducing the need for rubber (for shoes) and saving from exploitation South American rubber tree sap harvesters. In fact I think it would be a good idea to lace the worlds drug supplies with poison rather than spending so much money in the obviously unwinnable war on drugs! Then we can sit back relax, and let it resolve itself.

    Now as all it will take is one script kiddie to write a program that accesses the RIAA backdoor computer kill function and start wiping out all the american desktop pc's (zap, zap, zap) some of you may find Mr. Hatch's position to be poorly thought out. Nothing could be more untrue. We can hardly blame this potentiality on a lack of forethought with regards to Mr. Hatch, to not implement these features merely because they will be abused would be like limiting the availability of handguns just because they "might" be used by criminals- ridiculous!

    Of course Mr. Hatch will decry the hacking should it occur, and will probably find a way to use the words "domestic-terrorists" somehow, but everyone will know whose wonderful idea it was to make computers with a kill switch and they will all bless him! For you see though the outrage will ripple across America as hardware that cost several thousand dollars simply stops working, though Mr. Hatch will become the focal point of (even more) scorn, and people will be forced to buy new computers every couple of days.(... isn't that good for the economy after all? Why settle for the natural inclination of the home user to upgrade every few years, when we can do forced upgrades all the time!) though they will curse and revile his name they will all have eggs on their faces when it's Hatch's magical kill switches that save us all from OMNI-sentient-Cyberian 9000, the ultra-networked Uber-AI. Why the moment it starts passing data around its nodes on how to most efficiently wipe out humanity the kill switches will presume large file sharing activity means illegal copyright violations and a cascade of kill switch activations will spread node to node like a deadly computer cancer saving us all from destruction beneath the heel of our robot masters!

    -Codexwriter

  14. From the Mysterious Future by Tackhead · · Score: 5, Funny
    > My question is how the hell do they plan on "destroying" someone's computer? Come over to your house and kick it in? The article made it sound like it would happen over the internet, which I can't imagine a way of doing.

    Hmm, there was that guy who spun a CD-ROM up to 52x and made it shatter.

    Suppose RIAA were to embed little metal weights to unbalance every CD they ship.

    Put it in your CD-ROM or Discman, it plays back at 1x, and you hear music. If the Discman is stuffed down your pants, you might even enjoy it.

    But since we all know that RIAA considers a high-speed CD-R drive as "equivalent to" multiple CD-R drives, and consequently a Weapon of Mass Piracy (an ironic acronym, to be sure), if one was to put a suitably-unbalanced CD into a high-speed CD-ROM drive and attempt to "rip" the content to WAV files for future MP3 encoding, the disc would shatter, effectively destroying the drive, and possibly damaging other components in the computer.

    One could double-up on this by embedding granules of pyrophoric (combusts in contact with oxygen) materials in nitrogen or other inert-gas bubbles in the disc substrate. The disc shatters in the high-speed piracy weapon, neutralizing it, and then the pyrophoric granules ignite, dumping toxic fumes and possibly burning other components inside the copyright terrorist's weapon (aka "computer").

    Prediction: RIAA will develop this technology, and its use will be mandated. Within six months of the passage of the Active Countermeasures Against Copyright Terrorism Act, a 747 will be brought down by a Muslim whackjob playing Britney Spears in a laptop.

    Congress will immediately respond to this new security threat... by passing another to require that all laptops be checked as baggage. A thunderous roar of "Dude! We're getting your Dell!" will be heard from airport security screeners worldwide.

  15. Indirect consequences by mcc · · Score: 5, Interesting

    Your anology is good. I will now stretch it to the point of being silly.

    There are studies-- ones i can't remember the names of or links to, of course-- that show that spanking a child makes that child more likely to grow up to be a violent person. If I remember right, the claim was that people who had corporal punishment used on them as a child were more likely to grow up to be the kind of person who beat their wives or children.

    The reason given for this, again if i remember right, was that by having violence used on them at such a sensitive age, the child grows up thinking violence is "normal", and application of violence is how you are expected to solve problems, and beating someone is an acceptable and normal way for one human to get another human to comply with a request.

    So, here's my thought: what happens if the RIAA hacking and screwing up your computer if you've been filetrading becomes common? What happens to the children/teenagers who grow up under this kind of paradigm, and grow up seeing that the RIAA, this big important adult business thing that funds congressional campaigns and everything, reacts to people doing things it things are wrong by tracking them down and breaking their stuff?

    If it works like spanking does, well, we may well wind up with a generation growing up thinking vigilante justice is normal. Or maybe growing up with a kind of "us vs them" mentality toward corporations; that corporations are some kind of big distant enemies who can do anything they like without the law applying. And you can't tell a kid that someone big is allowed to hit you and you can't hit back and have them believe you. They might wind up growing up thinking that terrorism by corporations against citizens, and terrorism against corporations by citizens, is normal, and the law considers such things acceptable enough they don't regulate them.. as long as one is doing the other doesn't like...

    This is stretching, and of course, none of this will ever come to pass. But, just a thought.

  16. The real conflict by Angst+Badger · · Score: 5, Insightful

    If our constitutional rights are colliding with the interests of the content industry, the proper solution is not to destroy our constitutional rights but rather to destroy the content industry. This is especially the case considering how, in the grand scheme of multinational business, movies and records are small potatoes.

    If copyright cannot coexist with freedom of speech, the right to privacy, and due process of law, it is time for copyright to go.

    Put it that way to the content industry, and maybe they'll have a strong incentive to think of a workable and non-subversive way to run their businesses.

    --
    Proud member of the Weirdo-American community.
  17. Re:They might be out of touch with us... by C0LDFusion · · Score: 5, Insightful

    Enron contributed to democrats. And most of their really bad shit was done during Clinton's watch? Remember the summer of 2000's rolling blackouts?

    --
    Only in slashdot are posts of solidarity modded at -1 Redundant, while posts of antagonism are modded as -1 Flamebait.
  18. Re:Why would he do that? by macdaddy357 · · Score: 5, Informative

    The DMCA passed the Senate Unanimously. Both wings of the Corporate Party can be blamed.

    --
    How ya like dat?
  19. It's a Fourth Amendment Issue... by sipy · · Score: 5, Insightful

    Before my private property is seized or destroyed, I expect my constututional rights, specifically, those spelled out in the 4th amendment, to be respected.

    The Government must not seize or destroy private property without that property's owner being granted due process. And I surely do not consent to a private industry lobbying group (the RIAA) taking the place of The Government, and trouncing that right, either.

    If you have done so, please do not continue to advocate the destruction of private property, even under The Best Intentions(tm), or "boosting commerce". If you want to advocate the seizure or destruction of personal assets under ANY circumstances, please only consider doing so after granting the intended victim their constitutionally-guaranteed right of due process.

  20. There's only one way to combat this: by TrebleJunkie · · Score: 5, Insightful
    Do NOT support candidates or political parties that even THINK this stuff.

    I, for one, just quit the Republican Party, and sent the good Senator a nice message telling him why. I would STRONGLY urge all of you to do the same. Here's a nice little template to follow:


    • Dear Senator Hatch,

      I'm writing to you after reading an Associated Press news article in which you stated your support to destroy the computers of those who infringe on copyrights.

      "If that's the only way, then I'm all for destroying their machines. If you have a few hundred thousand of those, I think people would realize..." you were quoted as saying.

      While I do agree with you that folks downloading entire catalogs of music en masse from the internet are basically thieves, I think this is quite the extreme and wrong stance, especially given the sad state of copyright law that now exists.

      It's pretty clear today that copyright now favors large entertainment companies instead of any kind of scientific and social progress as the founders had intended, with copyright terms now exceeding most people's life expectancies (what good is the public domain when the public that could benefit from it no longer exists.) and when laws like the DMCA makes it a crime to copy something for FAIR USE if it happens to be encrypted in the first place. It's also pretty clear that Congress now favors the entertainment companies rather than the people that elected them, when they're willing to advocate or condone a "solution" that would destroy the private property of their constituents, without so much even lip service paid to due process.

      Well, if you're willing to be so extreme, Senator, so am I. I just quit the Republican Party. While I'm not from your state, and Pennsylvania is far from a Republican stronghold, I intend to encourage others to do the same.

      Maybe a few hundred thousand of us, and you'll realize something.

      Sincerely,

      Ed R. Zahurak

    --

    Ed R.Zahurak

    You know, oblivion keeps looking better every day.

  21. Because that "dead industry" makes a lot of money by TFloore · · Score: 5, Insightful
    Sony's Movies Division has more power than Sonys electronics division.

    What these dumb companies cant understand is, that their electronics divisions wont exist if they end piracy.

    Interesting you should use Sony as an example. In their last fiscal year they had some interesting results...

    Profits of about $1billion (yes, that's a 'b') on sales of about $62billion, total. Which looks a lot more interesting when you break it down by division...

    Sony Pictures showed operating income of $492million on sales of $6billion.
    Sony Music showed an operating loss of $73million on sales of $5billion.
    Sony Videogames showed an operating income of $942million on sales of $8billion.
    Sony Electronics showed an operating income of $345million on sales of $41billion.

    Sony is doing everything they can to stop IP piracy to protect their movie and entertainment divisions, because that's the best way they have to make money. They have to work a *lot* harder in their electronics division (8 times the sales) to make 2/3 the operating income of the movie division. 5 times more sales in electronics than in videogames, and they made 1/3 the income.

    The profit margins in consumer electronics suck. The profit margins in movies/entertainment are great. They are making a conscious rational decision about how best to protect their profits.

    Sales don't matter. Income and profits matter.
    --
    This is my sig. There are many like it but this one is... Oops. Frank, I've got your sig again! Where's mine?
  22. To each member of the judicary I wrote: by gessel · · Score: 5, Insightful

    I read with some dismay Senator Hatch's comments on copyright. Please remind him at the next opportunity of the text of the 8th clause of the constitution:

    "The Congress shall have the power.... To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries"

    There is a critical point here, carefully obfuscated by the RIAA and it's minions - there is no such thing as "Intellectual Property."

    There is a concept in law called a "Natural Right," and it is generally accepted that people have a natural right to propriety. But as Jefferson was explicitly clear on, there is no natural right to "own" an idea:

    "If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea..."

    Copyright does not protect property, it is not about protecting property; it is about promoting science and the useful arts. Copyright is not a property right; it is a temporary monopoly. Violating copyright is not theft, it is not piracy; it is guerilla anti-trust.

    This distinction is quite clear in the constitutional grant of exclusive right, that such grant would not be obviously self-justified as it would be for property, but that such right is justified only in as much as it fulfills the noble social good of "promoting the progress of science and the useful arts."

    Larry Lessig's recent supreme court challenge to the CTEA hinged on the second phrase's "limited time." He argued unsuccessfully that the extensions provided by CTEA violated the phrase by establishing essentially perpetual copyright. The court asked if 120 years was not a finite time, and turned the claim down.

    It would seem that a more powerful case would be made by asking if the CTEA, DMCA, NET, etc. fulfill the constitutionally required purpose: "to promote science and the useful arts."

    Today fear of over-broad laws wielded by greedy institutions has a broad chilling effect on innovation: science and the useful arts. If found thus by the court, such laws would be unconstitutional.

    Thomas Jefferson was quite clear on his views of copyright and these views are enshrined in the 8th clause. It is a grant of an "embarrassing monopoly" and not a right; explicitly the fugitive fermentations of a mind cannot be owned.

    Senator Hatch needs to hear and understand his words:

    "It has been pretended by some, (and in England especially,) that inventors have a natural and exclusive right to their inventions, and not merely for their own lives, but inheritable to their heirs. But while it is a moot question whether the origin of any kind of property is derived from nature at all, it would be singular to admit a natural and even an hereditary right to inventors. It is agreed by those who have seriously considered the subject, that no individual has, of natural right, a separate property in an acre of land, for instance. By an universal law, indeed, whatever, whether fixed or movable, belongs to all men equally and in common, is the property for the moment of him who occupies it, but when he relinquishes the occupation, the property goes with it. Stable ownership is the gift of social law, and is given late in the progress of society. It would be curious then, if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property. If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessen

    1. Re:To each member of the judicary I wrote: by chthonicdaemon · · Score: 5, Informative

      Great post - I couldn't have said it better myself. Perhaps a link to your source could make it even more credible.

      --
      Languages aren't inherently fast -- implementations are efficient