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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.

11 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.

    --
    There's no place I can be, since I found Serenity.
  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.

    --
    There's no place I can be, since I found Serenity.
  3. 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.

  4. 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.

  5. 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.

  6. 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.

    --

    My beliefs do not require that you agree with them.

  7. 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.

  8. 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

  9. 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

    --
    In Soviet Russia, I ruled you
  10. 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.

  11. 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."