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House Bill to Make File-Sharing an Automatic Felony

JAgostoni writes "Wired news has an article about a new bill that would make it a felony to upload a file to a P2P network." EFF has a copy of the bill online. Conyers and Berman both get over a quarter of their campaign funding from Hollywood, according to opensecrets.org. You may remember Berman from this bill and this one.

19 of 1,753 comments (clear)

  1. Looks like they are going after Freenet by kasparov · · Score: 5, Informative
    Looks like more hoops for p2p software developers to jump through to stay out of jail...

    7 `` 1822. Notice and consent relating to certain soft-
    8 ware
    9 ``(a) Whoever knowingly offers enabling software for
    10 download over the Internet and does not--
    11 ``(1) clearly and conspicuously warn any person
    12 downloading that software, before it is downloaded,
    13 that it is enabling software and could create a secu-
    14 rity and privacy risk for the user's computer; and
    15 ``(2) obtain that person's prior consent to the
    16 download after that warning;
    17 shall be fined under this title or imprisoned not more than
    18 6 months, or both.

    Looks like Freenet is labeled as "enabling software" under terms of the proprosed law.

    19 ``(b) As used in this section, the term `enabling soft-
    20 ware' means software that, when installed on the user's
    21 computer, enables 3rd parties to store data on that com-
    22 puter, or use that computer to search other computers'
    23 contents over the Internet.''.

    The proposed law also seeks to impose up to a 5 year jail term for registering a domain using false information... Bad stuff.

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  2. Re:Sensationalist nonsense. by kasparov · · Score: 4, Informative

    This bill goes after people who allow "enabling" software to be jailed for up to five years if they don't jump through the proper hoops. It is not just going after people who upload copyrighted material. Try reading the law that you are supporting.

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  3. Re:Time to invest in prisons! by jbottero · · Score: 3, Informative

    corporate run prisons already are a growth industry. Think RoboCop, it's comming!

  4. Re:For non-Americans - what is a felony ? by Anonymous Coward · · Score: 5, Informative

    A felony is the highest form of criminal offense. Convicted felons also give up certain rights (some even after their prison sentence is over), rights like voting, serving in the armed forces or running for any political office higher than county level. And oh yeah, convicted felons give up their right to self defense as well. They are unable to own firearms.

  5. Read the bill by sterno · · Score: 3, Informative

    No, you wouldn't technically be in violation. It says you are in trouble if you provide the ability for the public to copy more than 10 copies at a value of more than $2,500. As long as you aren't providing access to this stuff to the public, then it's not effecting you.

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  6. Re:Time to invest in prisons! by foolish · · Score: 5, Informative

    In the 90's (I can't find stats on the aughts), prisons were either the 4th or 5th largest growth industry in the U.S. Obviously the tech and biomed sectors were larger, but still says a lot about our country.

  7. Re:Sharing.... by sheddd · · Score: 5, Informative
    "What's this got to do with freedom and liberty? They're talking about theft of copyrighted material."

    Damn I'm tired of this. It's copyright infringment, not theft. Noone is deprived of tangible property due to p2p use.

  8. Re:Already done... by Lt+Razak · · Score: 3, Informative

    Come on. THey're not making the service illegal. They're making it so they can slap a felony on you easier IF YOU GET CAUGHT SHARING COPYRIGHTED MATERIAL.

  9. Just to drive it home a little more by gosand · · Score: 4, Informative
    "What's this got to do with freedom and liberty? They're talking about theft of copyrighted material."
    Damn I'm tired of this. It's copyright infringment, not theft. Noone is deprived of tangible property due to p2p use.

    To drive that point home a little more: theft of copyrighted material would be stealing a CD out of a store - a misdemeaner.

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  10. Re:Sharing.... by mwood · · Score: 5, Informative

    "If you have a music (or other copyrighted work) file, and you didn't buy it, technically you stole it."

    Um, I have to point out two other possibilities: you received it as a gift, or you created it.

    I have lots of stuff on my computer that I didn't buy, including the operating system. It's all Free or Open Source Software, and I received it as a gift. Other stuff on my computer that I didn't buy are things that I wrote (for which I automatically receive the copyright at the instant that I create it).

    The stuff I wrote is mine, to do with as I wish. The gifts are licensed to me and I can upload them if the license says I can.

  11. And for US citizens not residents of LA? by alexhmit01 · · Score: 5, Informative

    Roman Law is only binding in Louisianna. The other 49 states are common law states, with all British Commonlaw prior to 1776 being binding unless overruled by the legislature...

    I remember reading that the right to trial by combat wasn't removed until 1780 somthing...

    Alex

  12. Re: TV/Music/Movies are 25% by gorbachev · · Score: 4, Informative

    You looked at the wrong stat. You looked at the PAC contributions only. Politicians are bought also by individual contributions...

    Top Industries supporting Berman lists TV/Music/Movies as #1 with roughly 25% of all contributions made to the "honorable" Howard L. Berman (for sale for highest bidder).

    Proletariat of the world, unite to kill politicians who've been bought

    --
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  13. Re:For non-Americans - what is a felony ? by hackstraw · · Score: 4, Informative

    Felons may not have bulletproof vests as well, which I classify as self defense.

  14. Call it what it is: devaluation by jdavidb · · Score: 3, Informative

    Duplication of creative content is not stealing since the original owner of the content still possesses it. Why is duplication considered to be so immoral? Duplication is devaluation; while the original owner still has the bits, those bits are no longer worth what they were before. Supply has increased, and intersects with the demand curve at a lower point, which means the same bits now sell at a lower price.

    Obviously the creators of the content would like to insure that they remain the sole entity allowed to collect revenues for the content, and also insure that the price point is as high on the demand curve as possible. But do they have this right? Does their self-interest override that of other people?

    The Constitution provides a limited-time monopoly on duplication of content to its creator, and our legal system has inferred that this monopoly may be transferred. Not everyone involved in early American government agreed with this idea, however. In particular, Thomas Jefferson pointed out that the spreading of ideas could not be stopped, benefitted the public, and could not be said to have truly harmed the originator of the ideas since he still possessed them.

    The real question is not whether duplication is illegal, or whether it is immoral; it is whether it should be illegal. Not all activities that are illegal should be illegal; not all activities that are immoral should be illegal, either.

    The supposed harmful effect of duplication is devaluation of the original. I say "supposed," because it is entirely likely that the loss of value to the content originator is far exceeded by the economy's gain in value as the content is reproduced. But should activities be illegal just because they devalue someone else's property?

    I believe that rights should be absolute and unlimited except as they interfere with the rights of others. I believe the government exists solely to protect those rights from infringement by others within and without the government's jurisdiction. Individuals have the right to do whatever they choose with their person or property, so long as it does not interfere with another individual's right to do so. In other words, any activity engaged in by two individuals must involve the consent of both, and requires the consent of noone else.

    This sometimes allows activities that I personally might find abhorrent. As a Christian, I find many activities to be wrong that the general public does not. However, this does not give me a right to regulate their activities or infringe upon their rights. Individuals may say things I disagree with; they do not need my consent to speak. However, I may or may not consent to listen. So long as the activity of another individual does not without my consent harm or kill me, or damage or confiscate my property, those activities should still be legal.

    Activities that devalue the property of another do not actually harm that individual. The individual still possesses the property, and the property has not actually changed. These activities should be allowed. If an individual spreads information about a defective product, the defective product is devalued. The right to speak out about this product should of course not be infringed. Even if a product is not defective in any way, an individual might mount a campaign to convince the public not to buy the product: by advertising an alternative, for example. Advertising a competing product may devalue the original, but it should not be illegal.

    Competition may undercut prices to devalue their competitors' products. This should not be illegal. It is an individual's right to do with his property as he chooses. If he chooses to sell it and take a loss, that is his right. While this might cause trouble for his competitors in the short-term, in the long-term he will not be able to sustain his loss, and the price will rise again, allowing more room in the market for competition to return. (Or else he will fund the loss with sales of

  15. Re:...because by aborchers · · Score: 3, Informative
    Theft is a criminal offence. Copyright violation is a civil offence.


    I am so sick of this infinitely repeated bullshit claim. Please RTFL before you spout the /. folk wisdom. There are both civil and criminal offenses in U.S. Copyright law, and the bill under discussion ammends the criminal statute.

    See U.S. Code Title 17, Chapter 5, Sec. 506 for the offenses and Title 18, Chapter 113, Sec 2319 for the penalties.

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  16. Re:...because by fmaxwell · · Score: 4, Informative
    I am so sick of this infinitely repeated bullshit claim.

    The only "bullshit" is what you posted. Why don't you try reading the material at the links you provided:
    (a) Criminal Infringement. -

    Any person who infringes a copyright willfully either -

    (1) for purposes of commercial advantage or private financial gain, or

    (2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000, shall be punished as provided under section 2319 of title 18, United States Code. For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement.
    As you should be able to see from the above, only some specific forms of copyright infringement are criminal offenses. Someone who Xerox's an article from a magazine for their personal use has not committed a criminal offense. Someone who downloads a song from Kazaa solely for the purposes of listening to it has not commited a criminal offense. What is criminalized is only willful copyright infringement for profit or when such willful infringement is of works with a retail value of more than $1,000 in a six month (180 day) period. Now please apologize to the original poster who you accused of posting "bullshit."
  17. Re:The importance of buying independant music by tanguyr · · Score: 3, Informative

    You can use the RIAA Radar search engine to check whether a label is a member of the RIAA. (Amazon.com web services at work)

    /t

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  18. Re:Hollywood is small. by swillden · · Score: 3, Informative

    Microsoft did over $35 billion in revenue last year. IBM did about the same.

    Minor correction: IBM did about $90 billion last year.

    So that means one tech company took in more than twice the revenue of the entire movie industry.

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  19. Bermanss contributors by doormat · · Score: 3, Informative

    I submitted this yesterday and it was rejected, and I even included this important link regarding who funds Howard Berman.

    1 Walt Disney Co $32,000
    2 AOL Time Warner $29,050
    3 Vivendi Universal $27,341
    4 Viacom Inc $15,000
    5 News Corp $11,750
    6 DreamWorks SKG $11,000
    7 American Fedn of St/Cnty/Munic Employees $10,000
    7 National Assn of Realtors $10,000
    7 Service Employees International Union $10,000
    7 William Morris Agency $10,000

    Nice top 10 eh?

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