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Senator Orrin Hatch a Pirate?

Stigmata669 writes "Remember a few days ago when Senator Orrin Hatch decided that software piracy was punishable by destruction of computers? Well a bored and unemployed Sys. Admin in Houston smelled a rat when he was rooting through Hatch's website source. As it turns out Sen. Hatch is a common software pirate himself."

32 of 933 comments (clear)

  1. Sensationalism... by RobPiano · · Score: 5, Insightful

    The article title is just alittle bit senstational... The senator's web designer didn't register *free* software (you have to pay for commerical use only). He was in violation of the software license. Obviously nobody on slashdot has ever violated a software license (if not please direct me to all that shareware you registered in under 30 days).

    It hardly damages his stance against downloading music.

    I'd say the only thing really damaging there is that he's from Utah.

    Oh well, keep fighting the good fight.
    -Rob

    1. Re:Sensationalism... by SirGeek · · Score: 5, Insightful
      The article title is just alittle bit senstational... The senator's web designer didn't register *free* software (you have to pay for commerical use only). He was in violation of the software license.

      And ?

      This is no different from what he's claiming everyone else is. He IS a commercial site (He isn't someone doing their family web site). He is a "commercial" entity (in a broad sense). He's using it to promote his "business" (politics).

      I would simply notify the creator of the JS stuff and have them get charges brought up on violating their IP (use the DMCA since it is act 1st, think later).

    2. Re:Sensationalism... by timeOday · · Score: 5, Insightful
      He was in violation of the software license. Obviously nobody on slashdot has ever violated a software license (if not please direct me to all that shareware you registered in under 30 days).
      Umm, we're not the ones advocating blowing up computers of infringers.

      It certainly DOES damage his stance. I can't imagine he knew about the violation, which is a great argument against his idea. There are a lot of parents out there who don't particularly want their computers to explode, even if their kids are making unauthorized copies of intellectual property.

    3. Re:Sensationalism... by DataPath · · Score: 5, Insightful

      It might be a bit overhyped, but the facts are still facts. He seems to believe that after two warning shots, "pirates'" computers may be remotely destroyed. His webmaster was illegally using software, which would, under the terms Sen. Hatch is seeking, would make it a target for destruction.

      I think if he REALLY understood the implications of what he was proposing, he'd cry himself to sleep at night in shame.

      Think about what he was proposing:
      1) Give companies the right to remotely destroy physical property.

      2) There is no mention of any review process - think of what Microsoft would be capable of doing to any of its competitors[1] - legally destroy their infrastucture

      3) Software piracy is so wide-spread that it could seriously destroy the U.S.'s economic backbone.

      4) A public school where some of the kids after hours get together and play video games - would those computers be exempted? How many caveats and exemptions would there have to be?

      5) Organizations like the BSA and the RIAA have sent violation notices falsely (finding OpenOffice available on FTP and mistaking it for MS Office, confusing a Professor's MP3 encoded lectures for copyrighted music). What's to prevent mistakes where people's work is destroyed? Personal files? Financial records?

      The U.S.'s lawmakers these days are just too blind-stupid about technology. And it doesn't appear to be changing. Oh yeah, and they're too easily bought by lobbyists.

      That is all.

      [1] competitor, n. - anyone who produces software.

      --
      Inconceivable!
    4. Re:Sensationalism... by Blue+Stone · · Score: 5, Insightful
      The senator's web designer didn't register *free* software

      More correctly, the senator's web designer didn't register *copyrighted* software. Free or paid for, is the copyright owner's choice. The cost is not the issue.

      It damages his *incredibly fanatical* stance against copyright infringement, because he was all "holier-than-thou" and now it's been pointed his fly was open the whole time.

      Set your own house in order, before chastising other people, would seem to be the relevant... thingy.

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    5. Re:Sensationalism... by Golias · · Score: 4, Insightful
      Thank you for the most insightful post of the entire thread, Cpt. Splendid.

      1. There is no hypocrisy or irony here, as desperate as some people are to find it.

      2. Senator Hatch's suggestion was remarkably clueless.

      I'm not one to criticize Hatch undeservedly... As an occational professional musician himself, Senator Hatch has often come down on the White-Hat side of music rights issues, taking the recording industry to task on the Senate floor for restricting fair use. There is a great deal to admire in his accomplishments over the years, and while he was a distant 5th place in the GOP presidential primaries last time around, I would have been far happier with him as our current president than with GWB.

      That said, he exhibited stunning thick-headedness in his assertion that frying the computers of those who are using Kazaa to illegally trade music and software was a good idea revealed him to be so poorly-informed that it makes me wonder if he spoke to his advisers about this idea at all before publicly airing it. It was a stupid, stupid idea, and Senator Hatch should be ashamed that he ever uttered it.

      --

      Information wants to be anthropomorphized.

    6. Re:Sensationalism... by ScottForbes · · Score: 4, Insightful
      This is no different from what he's claiming everyone else is. He IS a commercial site (He isn't someone doing their family web site). He is a "commercial" entity (in a broad sense). He's using it to promote his "business" (politics).

      I'm cynical about politics, but I'm not that cynical. Senator Hatch's web site is not commercial in any meaningful sense; he is not engaging in commerce via his site. If he had an online store with Orrin Hatch baseball caps and bumper stickers, it'd be another story -- but he doesn't. As a Senator, Hatch has a legitimate duty to be accessible to his constituents, and his web site serves that non-commercial purpose.

      I would simply notify the creator of the JS stuff and have them get charges brought up on violating their IP

      You can't "bring someone up on charges" merely for violating copyright: Copyright infringement is a civil matter, not a crime. The DMCA blurs this distinction, by making it a crime to circumvent copyright protection, but nonetheless you can't arrest the gentleman from Utah [sic] for infringing someone's copyright.

      A big part of the RIAA's tactics in this debate is to make you think file sharing is a crime. They want to embed in your consciousness that "listening to music that someone else purchased" is morally equivalent to "boarding a ship and stealing the cargo." Playing fast and loose with language is part of that effort: If you subconsciously accept that intangible ideas are "property" which can be "stolen," and that "pirates" are "stealing intellectual property" when they download copyrighted materials, then the battle is already half lost.

      I'm more than happy to see a hypocrite get his comeuppance -- if Sen. Hatch thinks copyright infringement should be punished with vigilante justice, then I'll warm up the tar and feathers -- but the original poster is right to point out that "pirate" is unjustified hyperbole, and that using pirate analogies to discuss these issues only makes it harder to defend our rights.

  2. MPU by Anonymous Coward · · Score: 5, Insightful

    You're right. Hatch isn't the pirate, his web designer is, but it doesn't make it any less funny and ironic. :P

    1. Re:MPU by Lemmy+Caution · · Score: 4, Insightful

      The irony - oh, sweet, sweet irony - is that Hatch's proposal would have been unfair exactly because it would have hoisted him on this petard. A machine is violating copyrights? It doesn't matter whose it is, it goes. It's the same logic as drug-law enforcement forfeiture (your kid gets pulled over and they find a joint in his pocket, they can take the car he was driving - your car - sell it, and use the money for the police department's Krispy Kreme fund. They don't even need an indictment!)

    2. Re:MPU by meta-monkey · · Score: 4, Insightful

      Agreed...and even though he wasn't directly responsible for it, it screws him too.

      Here's my question...what about all the other senators? I wonder who does his web hosting? It's on senate.gov, and while the server may be virtual, it's possible that every other sentaor has his website hosted on the same box. So, Orrin's web designer fucks up, and every senator gets his website destroyed. Great plan, Orrin.

      I'm the sysadmin for a university research lab. We've got a few servers for home directories, and about 50 users. I can't keep track of every piece of copyrighted material somebody might copy and put on my server. So, because one user screws up and downloads "Baby Got Back" without sending the requisite $0.45 to whatever homeless shelter Sir Mixalot hangs his hat at these days, and 50 graduate students lose their theses. GREAT PLAN ORRIN.

      --
      We don't have a state-run media we have a media-run state.
  3. Please! by Mensa+Babe · · Score: 4, Insightful

    Don't call him a "pirate," unless he was proven guilty of abordage! Otherwise we just sound silly, claiming that Dimitry was not a pirate, but Orrin Hatch suddenly is. Please don't be so inconsistent. Pirate is a pirate. A person guilty of copyright infringement is a person guilty of copyright infringement. Please don't use incorrect meanings of words, at least on Slashdot.

    --
    Karma: Positive (probably because of superiour intellect)
    1. Re:Please! by anthony_dipierro · · Score: 4, Insightful

      Otherwise we just sound silly, claiming that Dimitry was not a pirate, but Orrin Hatch suddenly is. Please don't be so inconsistent. Pirate is a pirate. A person guilty of copyright infringement is a person guilty of copyright infringement.

      And Dmitry was not guilty of copyright infringement. The charges were dropped, and his employer was found not guilty.

  4. Re:I live in utah by Anonymous Coward · · Score: 4, Insightful

    You're an idiot. I live in utah too and even though Orrin Hatch is scum, the only way he won't be reelected is if he decides not to run.

    Not to mention the fact that the seniority system in the senate pretty much means that if he isn't elected utah takes a hit as far as influence goes. Not that utah has a lot of influence, but he is the most influential utah politician in washington right now.

  5. NoBody's Perfect. by anubi · · Score: 5, Insightful
    No matter how hard we try ( that is, even if we attempt to try ), we are gonna break somebody else's interpretation of what's right all the time.

    I think this episode just verified that observation.

    The scary thing is that because none of us are perfect, anyone with an axe to grind can mill through the most innant details of our personal lives and bring it to the public attention, that of our wife, boss, friends, co-workers, etc.., highly magnifying what they think we did wrong.

    This could be quite a way for one to harass another.

    Like, now Senator Hatch himself has gone onto public record as advocating destruction of other's private property.. what if instead of some government official talking about destruction of other's property, it was somebody else talking about it? Where are we going to draw the line between a "patriot" and a "terrorist"?

    --
    "Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]

  6. Re:Shiver me timbers! by Ice_Balrog · · Score: 4, Insightful

    First of all, it probably wouldn't work. I would bet that the US Government has plenty of bandwidth.
    Second, if you were to take that site down, you would take down every senator's site, including the sites of some good senators. Its isn't right to do that just because of one dumbass senator.

    --
    #include "sig.h"
  7. Well it does look a tad hypocritical by zptdooda · · Score: 4, Insightful

    It's the glass house idea. I know it isn't piracy per se, but it's a close enough cousin.

    Before a person in office criticizes an action, they should make pretty darn sure that they don't even have the appearance of being tainted by the act or anything close. Delegate the role. But check.

    The bar is lower for nonpublic figures. Our words don't weigh as much in the public eye.

    Now he'll have to be the brunt of embarrassing questions like "why should your computer not be destroyed?" It just weakens his stance.

    --
    Esteem isn't a zero sum game
  8. It's the webmaster's fault, not the Sen. himself by petman · · Score: 3, Insightful

    Surely the Senator didn't create the page himself? He might not even know what the Javascript is for. Sure, if he knew that the webmaster was doing something wrong, and he didn't stop it, then he would be at fault, but there's no proof of that here.

    Of course, my opinion above is from a common sense perspective, rather than a legal one.

  9. Re:I live in utah by Squareball · · Score: 4, Insightful

    The House of Represenatives has a re-election rate of some 96%.

    God we need term limits!

  10. Wait, I know the answer to this one... by darnok · · Score: 5, Insightful

    > Where are we going to draw the line between a
    > "patriot" and a "terrorist"?

    A patriot is a terrorist who's on our side; a terrorist is a patriot who's on their side

    Got any more?

    1. Re:Wait, I know the answer to this one... by Anonymous Coward · · Score: 3, Insightful

      Okay, you want current?

      Two words: Cluster Bombs

  11. Re:I do by Billly+Gates · · Score: 4, Insightful
    I actually have no pirated software on my computer. Seriously.

    Its stealing. Plain and simple. If someone creates a piece of software its a service. Would you like it if I made you paint my house and not pay you?

    Bla bla bla only businesses can afford the software. That is true but what about supporting free alternatives?

    Is it really fair that corporations pay hundreds of billions worldwide for software licensing why you don't?

    The good news is OSS exists on Windows too.

    I even paid $300 for my copy of Windows2k when I only made 7.50 an hour. I know you guys maybe laughing at me but if you do not use free alternatives your supporting Microsoft and all the other crazy proprietary software makers.

    The great thing about WindowsXP product activation for example is it is helping linux.

    I can not expect to not pay for software that is non free and at the same time demand a paycheck from my boss. Is it really fair?

  12. That's the thing about being a hypocrite... by werdna · · Score: 4, Insightful

    Having taken absolutist or extreme positions on an issue, you can't credibly defend yourself for things that most people would just shrug off.

    Bill Bennet cannot credibly author a "Book of Virtues" in adult and children's editions, make $25,000 a speech daily, and then point out that most people gamble and private lives are nobody's business.

    Rhonda Storms could not credibly call for the dismantling of Hillsborough Countie's Public Access stations for supposed IP abuses (after losing for years to overcome first amendment responses to her efforts to censor what she deemed offensive programming), requiring that all producers undertake IP sensitivity training, and then defend her unlicensed synchronized parody of the Beach Boys' tune "Help Me Rhonda" in an election commercial as a reasonable oversight.

    Likewise, Orin Hatch cannot insist that a few infringements of a few tunes are evil enough to justify a government official's call for destruction of personal property without due process and simultaneously argue that he should be forgiven for not studying a licensing agreement.

  13. Re:It's the webmaster's fault, not the Sen. himsel by Cedric+C.+Girouard · · Score: 5, Insightful
    Surely the Senator didn't create the page himself? He might not even know what the Javascript is for. Sure, if he knew that the webmaster was doing something wrong, and he didn't stop it, then he would be at fault, but there's no proof of that here.


    Who's the owner of the site ? Hatch or the webmonkey ?

    His name is all over the place, it is HIS website, so he should be held accountable of what's found on it. I remember hearing something like "ignorance is not a valid defense".
    If I was going to put my name on something I did not write, I'd damn well make sure my legal team audits each and every bit of it to insure I wouldnt get myself in hot water over it.

    This man is a self-proclaimed copyright professional. I guess he should have known better.

    --

    Marriage is considered capital punishment for the theft of a goat in some third world countries...

  14. Want change? Take it to the REAL authorities!!! by swordgeek · · Score: 4, Insightful

    I'm visiting the US for a week, and have realised where the power here comes from: The Media.

    CNN, MSNBC, FoxNews, ABC/Disney, and ALL of the others seem to be based on pure viceral knee-jerk reporting. If you want to see Sen. Hatch get in trouble, sic the reporters on him.

    Seriously. The media is living on exploitation, either their own or others. Exploit them to the best of your abilities, and watch things explode.

    --

    "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
  15. Re:Shiver me timbers! by 1u3hr · · Score: 4, Insightful
    Slashdot him!

    Even better, if Hatch's suggested remedy of remote destruction of computers violating IP was legal, the owner of the script in question would be entitled to DESTROY THE US SENATE.GOV SERVER.

  16. Re:It's the webmaster's fault, not the Sen. himsel by Longinus · · Score: 4, Insightful
    He might not even know what the Javascript is for.

    Yep, that sure sounds like the kind of guy I want making decisions about IP and technology.

  17. Quick, somebody call the BSA! by dafoomie · · Score: 3, Insightful

    Lets just notify the BSA, and I'm sure they and Senator Hatch can amicably (massive audit) settle this "oversight".

    http://www.bsa.org/usa/report/report.php
    1-888- NOPIRACY

    Lets see how Mr. Hatch likes his computers destroyed.

  18. An Old Radar Detector Law... by Esion+Modnar · · Score: 5, Insightful
    ...made it standard procedure (in states where radar detectors are/were illegal) for the police officer, upon discovering the illegal device, to destroy it on the spot, usually by stomping it to bits.

    Well, I seem to recall they stopped this practice, since a judge somewhere determined that this was depriving the defendant of "due process."

    So-- how could the use of computer-destroying technology be legally sanctioned? There is no due process. Sure, the technology could be used, but officially, the perpetrator would be subject to fines, legal damages, and/or jail time, just like any other virus-writing script-kiddie.

    Orrin Hatch is really just advocating vigilanteism, which is an abandonment of the whole legal system. What's next? Should I start waving a pistol at everybody who cuts me off, or torching the car of that guy down the street who plays his stereo too loud?

    Let's take it one step further. Let's have it so that we not only destroy the music pirate's computer, but we overload his power supply, cause a fire, and burn down his house, and hopefully all his neighbors' houses, too, since they probably were in on it as well...

    --

    They say the first thing to go is your penis. Well, it's either that or your brain. I forget which...
  19. Re:It's the webmaster's fault, not the Sen. himsel by RiffRafff · · Score: 3, Insightful

    And your point is...?

    If my daughter downloads songs on my machine, will Hatch NOT blow mine up?

    It's his site; it's his responsibility.

    --
    "I might have made a tactical error in not going to a physician for 20 years." -- Warren Zevon
  20. Re:What is crime? by anthony_dipierro · · Score: 5, Insightful

    For instance, if Hatch suggested a law allowing you to destroy the computers of spammers, he'd be a hero. If he suggested being able to destroy the computers of anti-trust violators, Slashdotters would be singing his praises. But instead he talks about music piracy, so out comes the tar and the feathers.

  21. who to trust? by Parsec · · Score: 3, Insightful

    The Wired article brought a few important points to mind.

    • How, in Hatch's scheme, would small intellectual property owners take advantage of this system? Or are do they admit that the little guy is unimportant because they don't make the big campaign contributions?
    • How would you verify that a small IP owner is actually the owner of the property in question. How do you keep this system from abuse?
    • How does a small IP owner keep a big company from claiming its property and destroying legal copies of the IP to destroy said small business?
    • How on Earth would you secure a system with such a wide back door?
  22. The reason is simple... by Cephas+Aurelius · · Score: 3, Insightful

    The software that is 'pirated' is from a UK company. Sen. Hatch is not interesting in protecting the rights of anyone but the big American companies that pay his bills...