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PIRATE Act Introduced in Congress

certron writes "Xeni Jardin has written a story for Wired about the "Protecting Intellectual Rights Against Theft and Expropriation Act of 2004" aka the PIRATE Act. It and another related bill are designed to criminalize P2P filesharing by lowering the burden of proof for law enforcement and proposing jail terms of up to 10 years. The bill was introduced by Sens. Orrin Hatch and Patrick Leahy, both of whom received large contributions from the entertainment industries. Under the bill, even sharing a single file (if a judge decides the value is over $10,000) could land a user in jail. Read the full text of Orrin Hatch's remarks."

1,049 comments

  1. Excuse me while I smash my head into the wall. by The+I+Shing · · Score: 5, Interesting

    A bunch of college kids are sharing copyrighted corporate products (music and maybe movies), so we have to put them in prison because people who share music and movies online are a bunch of child molesters and terrorists. Yeah, makes sense to me.

    This is the kind of thing that Frank Zappa warned us was going to happen.

    Sure, we say it all the time, "Corporations are running the country," meaning that corporations have undue influence over lawmakers; but it's getting to the point that we're going to have to find a stronger statement, like "Corporations are completely and utterly in charge of every aspect of our daily lives, using the government and their nearly exclusive control of all media content to keep it that way." Or something shorter if we can think of it.

    Mein Gott, what can we do?

    --
    You are in error. No-one is screaming. Thank you for your cooperation.
    1. Re:Excuse me while I smash my head into the wall. by turnstyle · · Score: 4, Interesting
      "This is the kind of thing that Frank Zappa warned us was going to happen."

      Well, Frank's widdow protects her copyright interests in Frank's works...

      --
      Here's what I do: Bitty Browser & Andromeda
    2. Re:Excuse me while I smash my head into the wall. by IEEEMonkey · · Score: 1

      I know that the corporations seem to have a strangle hold on a lot of things, but the fact remains that many of the artists have slept in vans, eaten Mac and Cheese three meals a day, and worked very hard to make the music. Forget about the greedy people and think about those who have worked so hard to produce that which is being stolen. I agree that fat cats are just that, but file sharing also takes away from the band. File sharing if it really helps to sell the records is a great thing... if it stops people from buying them then it is unfair and should be stopped.

    3. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      Reduce the power of government so corporations can't abuse it like this.

    4. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 2, Insightful

      The artists that people won't buy from are the ones that are large enough to not really matter about. If an unknown goes from 10 fans to 1000 thanks to file sharing but loses about $100 in CD sales, that more than makes up for it come concert time.

    5. Re:Excuse me while I smash my head into the wall. by The+I+Shing · · Score: 5, Insightful

      You're right, she does. Gail Zappa goes after cover bands who use Frank Zappa's name, forcing them to take all references and photos of him off of their websites and their flyers. The most they can do is say something like 'Performing the music of FZ" or "...the music of a guy named Frank," and the whole thing starts to look ridiculous.

      Really, to smother Frank Zappa's name and image under a mountain of lawyers like that seems kind of odd, especially considering how much disdain the man himself had for the music industry's choke-hold on everything.

      Oh, well.

      --
      You are in error. No-one is screaming. Thank you for your cooperation.
    6. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 3, Insightful

      Well, if you were the widow (or offspring) of a popular artist, and the government gave you this kind of power, wouldn't you milk it for all it's worth? It beats working for a living, that's for sure.

    7. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 5, Interesting

      Artists make very little percentage off of CD sales when they are signed by major labels. Artists make there real money off of touring live, thats why every group does it, alot. Basically CD's are just a way to advertise there concert. Which in all reality, sending songs over the internet is more effective at that. The only people who really care about CD sales and song downloads enough to sue people and put them in jail are the corporations and record labels who make all of their money off of CD sales.

      Personally, I could care less about about the major record labels and would rather them go bankrupt.

    8. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      You fucking mron. What part of copyright infringement don't you understand. Companys don't run the country. The basic rights of those that run companies are under attack and have been since the beginning of the 20th century. Socialist love to spout your rhetoric, but it's just tyranny disguised as altruism. Let companies have the rights the constitution entitles them.

    9. Re:Excuse me while I smash my head into the wall. by paganizer · · Score: 4, Interesting

      And the inventors of automobiles were really unfair to the horse & buggy industry.
      If the business model is obsolete, then it's obsolete, get over it.
      What amazes me is that it's obviously pretty clear that the majority of citizens of the U.S. aren't going to agree with this crap, but we just set back and let it happen.
      I'm not a big fan of mob rule, but this is ridiculous.

      --
      Why, yes, I AM a Pagan Libertarian.
    10. Re:Excuse me while I smash my head into the wall. by JustinXB · · Score: 2, Funny
      Mein Gott, what can we do?
      Hmm... Have you ever considered to STOP FUCKING PIRATING?!
    11. Re:Excuse me while I smash my head into the wall. by iminplaya · · Score: 2, Informative

      ...but the fact remains that many of the artists have slept in vans, eaten Mac and Cheese three meals a day, and worked very hard to make the music.

      That's because they were dependant a very monopolistic and very corrupt industry to distribute their work. They and their customers need to realize that they no longer need to sell their souls to publish. It's all just a mouse click away now. The industry is very afraid of this and is only trying to protect itself. People of Utah, please don't re-elect Hatch.

      --
      What?
    12. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      General American government oversensationalization. Not only do they come up with a retarded acronym for it, but they have managed to pass the most bullshit legislation.

    13. Re:Excuse me while I smash my head into the wall. by sjb2016 · · Score: 1

      I'll grant you that copyright holders, whether they are corporations or people, have a right to protect their work. But tell me where in the Constitution a corporation is guaranteed any rights. It wasn't until the mid 1800's that corporations were granted the rights the Constitution granted to individual citizens.

      My politics are far to the right, but one cannot reasonably agree with the powers that corporations have in influencing government policy, via money. I find it hard to believe that any reasonable person (on the left or right or center) cannot see this.

    14. Re:Excuse me while I smash my head into the wall. by The+I+Shing · · Score: 2, Informative
      Hmm... Have you ever considered to STOP FUCKING PIRATING?!
      Oh, now stop it, you know what I meant. I meant 'what can we do' about corporations running the government.

      The anti-file-sharing bill is just symptomatic of the problem. Lawmakers act without hesitation to protect the interest of corporations, and have to be practically forced to do anything to protect individual citizens.

      Corporations have never had this much influence before, probably because they have enough control of the media to stifle serious discussion of the issues.
      --
      You are in error. No-one is screaming. Thank you for your cooperation.
    15. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      Who thought the great police state, the ultimate nightmare of all democracies could be brought into existence because of *MUSIC*?

      Entire Congress, the state department, the white house, they have all gone mad and they can't hide it anymore. The most draconian measures to protect... what? Pity little silver discs with disposable music? Can't they refer to terrorism anymore, at least that *sounded* more convincing that this. Do they really feel that safe? How far ahed are euthanasia and eugenics, concentration camps and forced labor? How far is the next dictatorship with access to world class military?

    16. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0
      That's it! No sponsorship for you!

      ~~~

    17. Re:Excuse me while I smash my head into the wall. by black+mariah · · Score: 0

      Uh... no. Talk to some artists on independent labels. It doesn't have a fucking thing to do with distribution or their labels. It has to do with MONEY. Distributing their own music is NOT a viable option for about 90% of the bands out there. They don't have the money, period.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    18. Re:Excuse me while I smash my head into the wall. by black+mariah · · Score: 1, Troll

      When there's a rash of people randomly running into houses and stealing shit, like they steal from record and movie companies, then the goverment will form some kind of task force to track down the criminals and bring them to justice.

      Oh, wait, my bad. They have that. They're called the police.

      Have I made my point, or do I have to explain it?

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    19. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      WEll duh... You are keeping some filthy rick people from making more money. of COURSE they want to jail you..

      The laws are silly and very typical of the insane laws the english pulled on the Irish for centuries..

      as long as you have the rich ruling the country you will have laws that favor the rich.

      only fools believe otherwise.

    20. Re:Excuse me while I smash my head into the wall. by orthogonal · · Score: 2, Interesting
      You're right, she does. Gail Zappa goes after cover bands who use Frank Zappa's name, forcing them to take all references and photos of him off of their websites and their flyers.... Really, to smother Frank Zappa's name and image under a mountain of lawyers like that seems kind of odd, especially considering how much disdain the man himself had for the music industry's choke-hold on everything.

      So?

      Thought-experiment time. I represent the Fascist White-Power neo-Nazi rock band "Kill All the Mud-People". While I'm against almost everything Frank Zappa stood for, and for almost everything he disdained, I rather like some of his tunes, so I decide to re-name my band "Frank Zappa Would Agree: Kill All the Mud-People", and put up a big photoshop of Frank Zappa's face centered on a Nazi flag.

      Now before you protest that this is a rather extreme example -- and that many or all the bands Gail Zappa has gone after are not in any way Fascist or Neo-Nazi, you will agree, I hope, that none of the bands Gail Zappa has gone after actualy have Frank Zappa as a member, and indeed, that none of them, in all likely-hood share all of Frank Zappa's opinions, musical styles, or personal affiliations, right?

      So if these bands are bands that Frank Zappa never cared -- for whatever reasons -- to affiliate himself with in life, why should they be allowed to appropriate his name and likeness -- and the implicit approval that goes with those -- after his death?

      The author of the post to which I'm replying is "The I Shing (700142)"; should I have any moral right to start signing my posts, "The above is the opinion of orthogonal (588627) and The I Shing (700142)?" Should I be able to excuse my appropriation of someone else's name by saying, "but The I Shing (700142) is on record for disdaining the music industry's choke hold"?

      A person's name and likeness, to the extent that it implies a person's endorsement or authorship, is something that must be retained by that person.

      As I noted in a post (Firefox artwork Tuesday 16 March 2004) about the Firefox logo not being GPL'd along with the Firefox code,
      I've made some of my code open source, but I've never said that people could remove my name from the copyright, or conversely, put my name on their own work. If my signature were a Chinese ideogram, or a picture of fox wrapped around a globe, I wouldn't let anyone else use that.


      Similarly, I can wholly understand why Frank Zappa -- or his widow -- wouldn't want his legacy diluted by a bunch of Zappa pretenders and wannabees. While few are likely to be, as in the thought experiment above, neo-Nazis, few are likely to be as accomplished as musicians and social commentators as Frank Zappa -- because if they were, they wouldn't have to use Zappa's name like a crutch to prop up their own publicity machines. They'd be able to stand on their own.

      I like to think my posts and writing -- and for good or bad, they're nowhere as good as those by the writers I most cherish -- can also stand on their own. That's why I "sign" them "orthogonal" and not

      "-- Robert Heinlein-esque, Eric Blair-like, Tom Paine-ish, Thomas Jefferson-influenced, John Lockean, John Milton-aspiring orthogonal"
    21. Re:Excuse me while I smash my head into the wall. by black+mariah · · Score: 1

      The RIAA and MPAA are protecting the rights of the individuals that are members of their organizations. They're essentially unions. It just so happens that through exerting control over material they have rights to, they make more money.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    22. Re:Excuse me while I smash my head into the wall. by Ridgelift · · Score: 5, Interesting

      This is the kind of thing that Frank Zappa warned us was going to happen. Sure, we say it all the time, "Corporations are running the country," meaning that corporations have undue influence over lawmakers; but it's getting to the point that we're going to have to find a stronger statement...

      Take a look at The Corporation as a stronger statement. Here's the synopsis:

      "Considering the odd legal fiction that deems a corporation a "person" in the eyes of the law, the feature documentary employs a checklist, based on actual diagnostic criteria of the World Health Organization and DSM IV, the standard tool of psychiatrists and psychologists. What emerges is a disturbing diagnosis.

      Self-interested, amoral, callous and deceitful, a corporation's operational principles make it anti-social. It breaches social and legal standards to get its way even while it mimics the human qualities of empathy, caring and altruism. It suffers no guilt. Diagnosis: the institutional embodiment of laissez-faire capitalism fully meets the diagnostic criteria of a psychopath
      ."

      Bill Gates might not be psychotic, but his "person" the Microsoft Corporation is a psychopath if there ever was one. Add also the RIAA, MPAA, SCO...psychopath, psychopath, psychopath.

    23. Re:Excuse me while I smash my head into the wall. by turnstyle · · Score: 2, Insightful
      "Gail Zappa goes after cover bands who use Frank Zappa's name, forcing them to take all references and photos of him off of their websites and their flyers."

      Your position is that any band should be able to just go ahead and use Frank Zappa's image and name in their own commercial work, without any oversight whatsoever?

      --
      Here's what I do: Bitty Browser & Andromeda
    24. Re:Excuse me while I smash my head into the wall. by Azure+Khan · · Score: 1, Interesting

      Ah, yes. Let me expand, and point to some wonderful bits of information.

      Minneapolis & St. Louis Railroad vs. Beckwith
      In which it was ruled that corporations are indeed natural persons.

      There are other great ones. Louis K Liggett Co. vs Lee, Connecticut General Life Ins vs. Johnson, Wheeling Steel Corp vs. Glander.

      Also wonderful to note are Dodge vs. Ford Motor Co, which established the notion that corporations exist solely for the enrichment of their shareholders, and Buckley vs. Valeo, which declared political CASH MONEY as a form of free speech, and thus protected by the constitution.

      --

      --- I'm going sane in a crazy world.
    25. Re:Excuse me while I smash my head into the wall. by Jim+Starx · · Score: 4, Insightful

      Cover bands are legally allowed and don't represent an endorsement by the original author. Your Neo-Nazi argument is an extreem even without the Nazi refferences. The title "Frank Zappa would agree: blah blah blah" is obviosly an unauthorized endorsement. But a Frank Zappa cover band that states "[so and so] performing the music of Frank Zappa", is perfectly fine in both a legal and moral sense. This is all really irrelevent anyway, the yahoo article was about a zappa song used in an advertisement, not about cover bands.

      --
      The darkness... controls the music. The music... controls the soul.
    26. Re:Excuse me while I smash my head into the wall. by Chris+Carollo · · Score: 2
      And the inventors of automobiles were really unfair to the horse & buggy industry.
      If the business model is obsolete, then it's obsolete, get over it.
      I hear this kind of argument all the time, and I just don't think it holds up.

      The transition from a horse & buggy to an automobile was not a "business model" change, it was a change of product -- and consumers preferred the latter. Furthermore, downloading songs for free hardly qualifies as a "business model".
    27. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      If you were trying to point out that the passing of this law can be viewed very narrowly and one-sided ... bravo.

      I get the sneaking suspicion you may hve been rejected from the music industry at some point or have been unsuccessful in releasing material.

      I am sorry if this isn't the case but you come across personally afflicted.

    28. Re:Excuse me while I smash my head into the wall. by RickHunter · · Score: 0, Offtopic

      Want to know why you sit back and let it happen? Because the media tells you to, and you're conditioned to listen to the media. Just like the media told you Howard Dean was unelectable that, against all evidence, he'd be a bad president... And you blindly followed as they lead you into the arms of the beast. So now you've got to choose between John Bush and G. W. Kerry.

      Hope you enjoy another four years of the Bush. Its not like you've got any choice.

    29. Re:Excuse me while I smash my head into the wall. by Jim+Starx · · Score: 1

      If you distribute your music via the internet then money ceases to be an issue.

      --
      The darkness... controls the music. The music... controls the soul.
    30. Re:Excuse me while I smash my head into the wall. by black+mariah · · Score: 0, Troll

      Er... wtf are you talking about?

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    31. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      I could call Goldwin's 1 but that would infringe 2.

      So I will just say that you just used Nazis as an extreme example of how not to use concepts because people can associate these concepts with you.

      Are you endorsing the Nazis or are you endorsed about them? Or maybe you did not thought about the consequences of your post: If I am not allowed to "use" other people's images than you just killed art.

    32. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      "A bunch of college kids are sharing copyrighted corporate products (music and maybe movies), so we have to put them in prison because people who share music and movies online are a bunch of child molesters and terrorists. Yeah, makes sense to me."

      What exactly are you trying to argue? That mass theft of millions of albums isn't wrong because thieves are in college? The fact is, they get the product and the artist gets shafted, big-time. It's still theft.

    33. Re:Excuse me while I smash my head into the wall. by stephenisu · · Score: 3, Funny

      Furthermore, downloading songs for free hardly qualifies as a "business model".

      Next thing you know, money laundering will no longer be a legitimate business model..

      --
      Sigs? We don't need no stinking sigs!
    34. Re:Excuse me while I smash my head into the wall. by katanan · · Score: 2

      you should try and find a copy of The Corporation pretty cool documentary. interesting points on media dissemination and proliferation and the development of the corporation into media and economic structures.

    35. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      I would think these cover bands would only encourage people to buy Frank's music. Why not encourage them in turn?

    36. Re:Excuse me while I smash my head into the wall. by ethanms · · Score: 0, Troll

      Our already over burdened prison system... which is filled with actual criminals who rape, kill or steal...

      The former president lies about getting BJ's while on the job, he's fine... but I share a COPY of a song and I get 10 years?

      Save me jebus!

    37. Re:Excuse me while I smash my head into the wall. by fferreres · · Score: 1

      Correction, shareholders and managers of USA corporations are in charge of your pritty cute democracy. Their ONLY concern is money (maximize shareholder value).

      Now, managers either acomplish their only goal in life, or lose their jobs. So there is nothing they can do about it. This leaves as only with the shareholders in mind.

      In brief, you have two classes, capital owners and workers. Workers get to choose their presidents and congressmen. Shareholders get to choose workers candidates.

      Lastly, 90% of your wealth is owned by 10% of your country men (Note I don't mean to picture the rest of the world is different), and they move it in and out of the USA without having to ask anyone permission (in general).

      Basically, they have you workers by the balls, as someone predicted long time ago.

      --
      unfinished: (adj.)
    38. Re:Excuse me while I smash my head into the wall. by black+mariah · · Score: 1

      Yeah, for someone that sits in their bedroom and makes music on the weekend and then goes to their IT job on Monday that MIGHT be a viable option. For those that choose to actually make a living doing nothing but playing music, that is simply not reality.

      If you want to make any money, you have to sell CDs or shirts or SOMETHING. You sure as hell aren't making it off of the shows you play (for bands that are just gaining national exposure you can figure $150-250 per show, spread among four people and a van that gets a whopping 10MPG).

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    39. Re:Excuse me while I smash my head into the wall. by ethanms · · Score: 4, Insightful

      I agree... these things are illegal... but it's frightening that the potential monetary damages and jail time are so high!

      I've been watching Animal Planet all day... guy starves his dog to the brink of death, leaves it outside, he gets a $500 fine... no jail time, etc...

      But allowing someone to copy a music file has routinely caused people to get multi-thousand dollar judgments held against them...

      Now we're talking jail time + fines...

      If even one or two people are financially ruined and left with a shattered life, it will be a tragedy.

      I'm just hoping this winds up like that FBI warning at the beginning of dvds and tapes... yeah, $250,000 fine and 20 years in jail for copying... ok...

    40. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      A bunch of college kids are sharing copyrighted corporate products (music and maybe movies), so we have to put them in prison because people who share music and movies online are a bunch of child molesters and terrorists. Yeah, makes sense to me.

      This is the kind of thing that Frank Zappa warned us was going to happen.

      Sure, we say it all the time, "Corporations are running the country," meaning that corporations have undue influence over lawmakers; but it's getting to the point that we're going to have to find a stronger statement, like "Corporations are completely and utterly in charge of every aspect of our daily lives, using the government and their nearly exclusive control of all media content to keep it that way." Or something shorter if we can think of it.

      Mein Gott, what can we do?

    41. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      Your inability to view the issue from a point other than that propogated by the govenment issuing the law in debate.

      Aside from all your comparisons in the posts that I have read, I'm gathering your opinion is that you agree with the government.

      It's much simpler to state such rather than explain what the duties of the autoritities entail. Especially when I believe most of us already understand that minor aspect.

      We are not debating that police chase thieves, we are debating whether the definition of theif can be applied as liberally as it seems this government is willing ... In my opinion.

      Once again, you may not state specifically but you seem to agree with the government, somewhere underneath the guff.

    42. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 2, Insightful

      No, I wouldn't. There are a lot of things I wouldn't do for money.

    43. Re:Excuse me while I smash my head into the wall. by Openstandards.net · · Score: 1

      Grass houses?

    44. Re:Excuse me while I smash my head into the wall. by black+mariah · · Score: 0, Troll

      No, what you're reading into it is support of the goverment. Considering that this isn't even an issue of goverment, that's a stupid fucking thing to do.

      What I agree with is an artist's right to protect the works he creates. In case you've forgotten, copyright law is also the backbone of the entire FOSS movement. How would you feel if companies suddenly started using GPL'd material without releasing their changes or providing source? If you're like most here you'd whine like a bitch. So how is that any different than downloading music you have no rights to?

      Beyond that, your argument that I'm a failed musician so I side with the goverment is borderline retarded. If I'd been fucked over by labels, why the flying fuck would I want to defend them?

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    45. Re:Excuse me while I smash my head into the wall. by Safety+Cap · · Score: 4, Insightful
      ~ any band should be able to just go ahead and use Frank Zappa's image and name in their own commercial work, without any oversight whatsoever?
      Uh, yeah, seeing as he stopped benefiting from his image and/or name on December 4, 1993, why shouldn't his name and work pass to the public domain? He is not gaining further financial benefit; the dead can't own property.

      Wait, wait! I propose that dead people get perpetual license to restrict use of their ideas. Do you know how liberating that will be?! That means that virtually ALL COMEDY (which traces its lineage to Menander) will become illegal. No more vacuous shows like Family Guy, King of Queens, Friends, Will & Grace, etc. Oh ye gods, one can only hope...

      --
      Yeah, right.
    46. Re:Excuse me while I smash my head into the wall. by Azure+Khan · · Score: 1

      You know, it must be an ignorant individual who regarded this as a TROLL post? How exactly is helping to expand on someone's viewpoint by pointing out exact examples of their point considered "trolling"? You may not like my political opinion, but that doesn't make me a troll.

      --

      --- I'm going sane in a crazy world.
    47. Re:Excuse me while I smash my head into the wall. by josh+glaser · · Score: 1

      One word:

      "YEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEAAAAAAAHHH!! !"

      I'm not saying the media didn't have a Dean antibias, but all of his "Deanisms" certainly didn't help.

      (I could just see his political advisors cringe as he screamed. ^_^)

    48. Re:Excuse me while I smash my head into the wall. by dacarr · · Score: 3, Funny
      Jane, you ignorant slut.

      Frank can't benefit from it, but he left a legacy. It's up to his estate - Gail, specifically - to deal with that legacy in how she sees fit.

      May she not abuse it.

      --
      This sig no verb.
    49. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 1

      I find it typical of Michael to make the effor to link to Orin Hatch's statement, who is a Republican, but not Leahy's, who is a Democrat.
      Just to be clear, this isn't a R/D issue folks, this is both sides of the house. This would've been coming down the pike whether we had a Bush administration or a Gore administration.

      In fact, I think the same thing applies to the recent FCC legislation - Howard Stern is convinced it's all the religious right, and that putting Bush out of office might somehow save his show and reverse the trend, but the fact is that almost all of this recent "curtailing" of de facto personal freedom is mostly bipartisan.

    50. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      Did I not say you were in support of the government? It's the crap you surround your opionion with that's just plain annoying. Anyone can continually state the obvious.

      If your opinion was primarily artist protection, it took you this long to state it obviously. It also took you this long to make some kind of viable comparison (re: source code).

      I never said you support labels, I insinuated you may not have had a good run with hocking your wares. I'm sure you can figure that out.

      Don't tarnish a reputable organisation that deals with free software which can permeate to levels of corporate abuse to back your relatively weak opinion. There are already laws in place to protect artists music being used comercially. The issue at hand is one that concerns the consumer as it will affect people who are not making any profit from the music that has been downloaded. I have never disagreed with laws to prevent redistribution and sales.

      If you see music as if it were source code and therefore it should be treated as such, that I can understand. It is your opinion, even if we took this long to get to it.

      I do not agree.

    51. Re:Excuse me while I smash my head into the wall. by incabulos · · Score: 3, Informative

      Let companies have the rights the constitution entitles them

      So what rights would these be, pray tell? The constitution grants _no_ rights, not a damn thing to companies or coorporations. Not one teensy tiny right to speak of.

      What it does do is secure for authors the exclusive right to copy their works for limited times, to promote science and the arts, yadda yadda yadda. Most importantly, its an _obligation_ on authors as much as it is protection for them. If they arent living up to their end of the 'copyright bargain', that is, if their works are NOT entering public domain after 'a limited time', then they themselves are in violation of copyright law.

      Every copy-protected CD, every encrypted DVD or ebook, every 'copyright protected' console or media player sold - all of these essentially render the copyright deal null and void concerning the specific product.

      If they dont follow the law themselves, expecting to 'have their cake and eat it too' is a little bit far fetched, wouldnt you say?

    52. Re:Excuse me while I smash my head into the wall. by cbreaker · · Score: 5, Insightful

      Not everyone's goal is to screw everyone all the time.

      --
      - It's not the Macs I hate. It's Digg users. -
    53. Re:Excuse me while I smash my head into the wall. by The+I+Shing · · Score: 1

      Grass houses?

      Yeah, like a hut, you know.

      It's the punchline to an old joke about a Hawaiian king or something that would stuff all these thrones into his grass house until it finally collapsed, and the moral of the story was "people who live in grass houses shouldn't stow thrones."

      --
      You are in error. No-one is screaming. Thank you for your cooperation.
    54. Re:Excuse me while I smash my head into the wall. by Jim+Starx · · Score: 5, Informative

      That's false. I work at a recording studio. We have several steady customers that come to us for recording their cd's. They distribute their cd's over the internet which brings them some profit but mainly serves to drum up intrest in their live shows which provide for the majority of their income. These aren't even locally large names, very smalltime. But the formula holds true for larger artists. Record sales pay the record company, artist profit from touring. Only the most wildly successfull albums make enough money for the artist to see a sizeable return after the record company takes it's cut.

      --
      The darkness... controls the music. The music... controls the soul.
    55. Re:Excuse me while I smash my head into the wall. by black+mariah · · Score: 0, Troll

      So you don't agree that the inventor of a work should have say over what's done with it? Is that what you're saying? And please, have the balls to login or something. Fighting with an anonymous pussy is annoying.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    56. Re:Excuse me while I smash my head into the wall. by milton_wadams · · Score: 1

      What's more vacuous than putting Family Guy into the same category as Friends?

    57. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0, Flamebait

      Ya, we don't all live in the US afterall :)

    58. Re:Excuse me while I smash my head into the wall. by dukeisgod · · Score: 2, Interesting

      Since I just RTFA'd your link, I think you're taking it out of context. The example you give is of them suing because a company used bits of a Zappa tune in a commercial. No way in hell he woulda gone for something like that. I can't argue with her there. Poor FZ was probably rolling over in his grave about his song in a commercial.

    59. Re:Excuse me while I smash my head into the wall. by Draknor · · Score: 1

      Oh yes, heaven-forbid we have a Democratic nominee with a little passion! Dean showed more life in one scream than Al Gore and Sen. Kerry would show even if their hair was on fire.

      But, of course, Big Brother doesn't like people who have emotion. So... Set candidateDean = Nothing

      (OT - complicated projects in VB annoy me...)

    60. Re:Excuse me while I smash my head into the wall. by Kierthos · · Score: 3, Interesting

      Yes, and that would not necessarily be because our "enlightened elected officials" *spit* actually believe that either the FCC changes or this PIRATE bill are a good thing. The FCC changes are being wrought in the wake of the 'wardrobe malfunction' and the uptight American reaction to same. The PIRATE bill is being bought and paid for by the music industry.

      In both cases you're seeing the politicians doing things not necessarily because they believe that these things need to be done, but because they want to stay in office, and continue to get whopping donations from organizations that donate huge whacks of cash.

      The RIAA can't vote, but they damn sure can buy politicians once they're in office. And if previous indications are to be used for future elections, most politicians only need to appeal to that increasingly small fraction of people who do actually vote.

      It's only bipartisan because both sides can recognize a good cash cow in the form of the RIAA.

      Kierthos

      --
      Mr. Hu is not a ninja.
    61. Re:Excuse me while I smash my head into the wall. by SillyNickName4me · · Score: 2, Interesting

      The transition from horse & buggy to automobile is a bad example, let me give a better and more on topic one:

      Untill the invention of the gramaphone and availability to the public of records, the only way to listen to music virtually all people was by going to a live performance.

      Once it became possible to listen to music at home whever you wanted to, lots of small music theatres simply went out of business due to lack of customers. The market had changed, and the demand for their product had changed.

    62. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      i believe "corporations seek and dominate potential thought police" could be a proper abreviation to the concept you proposed ;-)

    63. Re:Excuse me while I smash my head into the wall. by shepd · · Score: 3, Insightful

      >so I decide to re-name my band "Frank Zappa Would Agree: Kill All the Mud-People"

      That is misrepresentation and libel. The line is crossed when you take someone's non-existant opinion and change it to suit your own.

      You could, however, say "Kill All The Mud People, performed to the music of Frank Zappa" because that would be what you're doing (playing a cover of a Frank Zappa tune), I assume. Or I damn well *HOPE* that it's still legal to state true facts.

      Well, you could in the US, that is. A lot of other countries have (stupid) "hate laws" to ensure such hatred is bred underground, where it can damage society much more since you can't defend against what you can't see.

      --
      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
    64. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      Yeah, explain what breaking into someone else's property has to do file sharing.

      Be sure to explain why copyright law and property law are different, why there are fair use defenses in copyright, but not property law, and why copyright law expires when property law doesn't. Let's hear why copyrighted works fall into the public domain (eventually), yet in my family we have heirlooms hundreds of years old?

      Also explain the unique body of case law for copyright that is different than property law cases, and also why there is a unique paragraph in the constitution which describes copyright and other intellectual property concepts.

      Also, for extra credit, explain why there was such a fierce debate by the founding fathers over the limits of "authors", yet very little about the concept of private property.

      In addition, let's hear your take on the sociological reasons 50,000,000 people share files, but don't break into houses. After all they are equivalent, in your view.

      Also, I'd love to know why there is such a huge body of GPL'd software, freely available books and music, and other information distributed freely, yet there is no open source milk or bread at the supermarket, no GPL'd houses on my block, and no BSD-licensed cars just around the corner.

      Finally, I'd like to know where you got the words you used to type up your post. Since physical property and intellectual property are equivalent, somewhere somebody must bemissing some words!

    65. Re:Excuse me while I smash my head into the wall. by black+mariah · · Score: 1

      Which part is false? If your customers are that small-time, they're obviously not a national touring act or even a REGIONAL touring act.

      This still doesn't change the fact that most bands could NOT survive the way they do without labels. You said it yourself, CD sales draw people to live shows. If the band can't afford to make CD's (including costs for recording, reproduction, and marketing), then how the hell are they going to get people to their shows? If the labels have no incentive to put out records due to rampant piracy then how the hell are artists going to afford to tour? No, I don't like the RIAA and I think most labels are run by assholes but this doesn't change the fact that if someone wants to be heard outside of their garage they need to either have a label that will provide for them or a steady and well-paying job.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    66. Re:Excuse me while I smash my head into the wall. by John+Courtland · · Score: 5, Insightful

      But they need to offer an alternative. You can't just NOT compete with piracy. It exists, it is there, any amount of unconstitutional (8th amendment at least) laws cannot stop that. This is exactly like the horse and buggy. CD's and physical media in general are no longer needed to gain musical performances, aka the horse and buggy. Digital online music on demand is the car.

      I'm gonna take a second here and digress. If I buy an album, let's take an example from my father, so say The Wall by Pink Floyd. He bought that fucking thing in the 1970's on vinyl. Why the fuck should he have to pay another $18 for a CD. He already has the license to play the music right? So why does he have to keep paying full price? If he had his receipt and original and went to RCA (I assume that's the producer, I'm sure I'm wrong) and demanded a CD, he'd be laughed the hell out of there. So then it seems he holds a simple physical item, like a camera for example. But the record industry wants to stop you from selling the album to someone else, or even making copies of it. They want it both ways. I say, fuck them and fuck them hard. I really want every person on Earth to steal as much music as they can until these shitbags realize they can't play dirty pool and get away with it.

      Anyhow, these companies, in order to exist, have to adapt. The law should not adapt for them. They have to provide attractive, high quality and available music samples and songs for a reasonable price. That's so fucking simple it's goddamn amazing that only Apple has figured it out. I think the folks at the RIAA should have all their money taken away to feed orphans and they get to live on the street for the rest of their natural days. They have been suckling on the teat of popular entertainment and stifling innovative and creative music for ages.

      --
      Slashdot is proof that Sturgeon's Law applies to mankind.
    67. Re:Excuse me while I smash my head into the wall. by joehahn · · Score: 0


      My podiatrist is named Frank Zappa.

      --
      *I used to be quite irreverent and ignorant. I am probably much smarter now. I seem to realize this every 45 days or so.
    68. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 1, Insightful

      Well, first there were live performances. It's a great experience, sitting in a space listening to music. But it's not practical to always have musicians. It would be cheaper if the musicians just played once, and we made lots of copies of the performance on wax cylinders and sold those. So the business model changed at that point. Or rather, more money could be made from the wax cylinders, because they are cheap to make, and demand is high.

      The wax cylinder eventually evolved into the CD, but the concept is the same. Sure, the experience is not the same as a live concert, but you get cover art, you get a "collectible" item, you get the nuances of performance captured for later admiration and enjoyment.

      Now we are undergoing a similar change. People have collected many CDs (and a few wax cylinders). They don't want to waste all the space keeping them. People are more impatient. They want to buy music *now* and hear it *now*. They want to exchange music with each other, easier than using tapes or CDRs. And they are a little tired of the high price of music. When I was a kid, tapes were $8, and a new computer was $2000. Now the CD is $18, and the computer is $299. That doesn't make sense.

      Digital music began filling that need. Unfortunately, unlike the wax cylinder transition, the equipment to make digital music was already available in people's homes. The music industry was slow and fat from CD sales, and didn't realize what was happening. So they got sideswiped by the P2P stuff.

      But the P2P world is terrible. It's like rummaging at a flea market, and hoping what you find isn't broken or dirty.

      So we see the next transition in business models.. first the business model was selling time in a theatre or concert hall. Then the business model was selling hunks of wax or plastic that contained sounds. Next, the record companies will sell a "music buying experience". Like the Apple iTunes Music store. Do you really need to go to Apple to find the latest tune? No, but it's a hell of a lot better than looking for it on kazaa!

      That's the direction the music industry *must* move in. They must realize that the next logical step in this progression is that the price of any particular piece of music is approaching zero.. they have to find something to sell that is scarce, like a good downloading experience, recommendations from other listeners, categorization of music, etc.

      Seems like a new business model to me. Of course, getting the government to step in and help out is part of *any* big company's business model in this day and age. :-)

    69. Re:Excuse me while I smash my head into the wall. by uncoveror · · Score: 1

      Gail Zappa is a golddigger. That's why she married someone famous in the first place. What Frank would think and fifty cents will get you a can of pop.

      --
      The Uncoveror: It's the real news.
    70. Re:Excuse me while I smash my head into the wall. by rzbx · · Score: 4, Insightful

      That first statement just shines of intelligence.

      Legacy eh? So if it is HIS legacy, why would it be up to his estate to deal with HIS legacy? So she sees what in his legacy? Is it the financial aspect? or is it for continuing his legacy? How will the act of making it harder for others to continue his legacy (in a way) be good for anyone besides her and her lawyers monetarily? There is already abuse. The second one believes that they have a right to have complete control over a work that is in the minds of others and acts on his impulse to control is abuse.
      I can only agree to one thing, and that is preventing lies. If someone is going around claiming authorship to a work by another or not giving credit where it is due, then it is completely undestandable when one brings the law down upon them.

      --
      Question everything.
    71. Re:Excuse me while I smash my head into the wall. by macdaddy357 · · Score: 2, Interesting
      Republican? Democrat? Those are just the two wings of the corporate party. Both dance to the tunes their corporate masters call. We don't need a third party, we need a second party.

      The worst thing is that these bribe-taking criminals won't even be voted out, because every idiot thinks that his Congressman/Senator is a good guy, and it's the rest of them who are crooks. Unless we are all willing to vote against our own incumbent Congressmen and Senators, nothing will ever change.

      --
      How ya like dat?
    72. Re:Excuse me while I smash my head into the wall. by ThisIsFred · · Score: 1

      This is the kind of thing that Frank Zappa warned us was going to happen.

      I was thinking the same thing. In "tiny paragraphs so they won't conflict with the Constitution", and such. Uh oh, I could get jailed for posting that, couldn't I?

      --
      Fred

      "A fool and his freedom are soon parted"
      -RMS
    73. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      how about rap artists?

      rap artists aren't usually able to make the money touring as normal recording artists. many venues won't take rap artists, and a lot of insurance comapanies refuse to insure them.

      some cities and counties have forced rap artists for pay for police security, etc....

      BTW, I hate rap music.

    74. Re:Excuse me while I smash my head into the wall. by John+Biggabooty · · Score: 2, Insightful
      I would like to propose something. Let's not refer to the recording industry as the music industry. There is a lot more to music than recordings sold at the mall.

      The RIAA and the labels would have us believe that music did not exist before Edison invented the phonograph, but it existed for millenia if not millions of years before then. Music will survive without the recoding industry, or should I say racket, when it goes away like the horse-and buggy industry.

      I hope that Hatch and Leahy both get voted out, and that people all over the world don't buy CDs.

      --
      That's Bigboo TAY! TAY!
    75. Re:Excuse me while I smash my head into the wall. by fucksl4shd0t · · Score: 4, Funny

      Question: What's more vacuous than putting Family Guy into the same category as Friends?

      Answer: Wondering "what's more vacuous than putting Family Guy into the same category as Friends".

      --
      Like what I said? You might like my music
    76. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      Exceptional points/arguments may I say.

      I definately couldn't have said it better.

      It was this broader scope of thinking that I was hinting at in my extended posts to this thread.

      I possibly could have used a little more tact.

      - roguetr

    77. Re:Excuse me while I smash my head into the wall. by demachina · · Score: 1
      "This is the kind of thing that Frank Zappa warned us was going to happen."

      Here is an "Ask Slashdot" Question for a Saturday night. Who would you guess might lead America in to a new summer of love, whether they be musicians, poets, rebels or prophets. Who is the modern day Pete Seeger, Frank Zappa, Jim Morrison, Tom Hayden, George Carlin, Martin Luther King, Ghandi, CSN&Y or Bob Dylan.

      Do you think this summer or next could be a new summer of love. America is entering an increasingly dark period much like it did in the 50's and 60's but maybe much worse, much darker this time around. Our government seems to be waging a war on drugs, a war on p2p, a war on imaginary WMD's, a war on privacy, a war on religion if its the wrong kind, a war on love, a war on freedom and democracy, war on everything. You have to figure they won't be able to build prison's fast enough to lock everyone up. Perhaps this is an indicator to that new career path we can all retrain for, one that can't be easily oursourced and seems to be a growth industry...prison gaurd. America now has the largest prison population per capita in the world, a title once held by the gulag's of the Soviet Union but now America reigns supreme.

      A couple names that come to mind for the next Woodstock, a real Woodstock and not the decandent self indulgent festivals we've been doing lately:

      - Michael Moore, OK sometimes he's a goof but he often hit the nail on the head no one else will hit.

      - Rage Against the Machine

      - Bruce Cockburn

      - Peace Songs

      Part of the problem is most of the musicians of today don't seem to really stand for anything and real talent seems to be increasingly rare. Musicians seem to mostly turn out formulas or beat, they sing about love but mostly as pop thats just rearranging the same empty words over and over again. There is plenty of hate and sex. Rap and hip hop don't really capture the same spirit, the peace loving rebellion of the sixties, the thoughtful message.

      Of course maybe we can't capture that same magic again. For one thing the government has seen it happen once, and they've been to school on it so this time around they may smash it with an iron fist. Now they have computers to catalog us all and agencies with truly wicked tools to suppress dissent, and a willingness to keep building prisons. We are also such a lazy, spoiled culture, mesmerized by TV, alcohol, video games and the beloved buck. Could we really stand up against all the wrongness our government seems to be perpetrating everyday and at an accelerating pace. Could we all stand up sometime soon and tell those in charge enough is enough and turn the tide.

      Stop killing people and doing things that make people want to kill us. Stop using bold faced lies to sucker us in to wars, stop promoting ruthless dictators, stop taxing working people in to poverty and giving all the money to the richest 1%, stop rewarding corporations for sending all our jobs to China. Stop trying to destroy all the people that are speaking the truth like Paul O'Neill, Richard Clark and Joe Wilson. Stop selling out our country and its government to the highest bidder. Stop the war on drugs and the war on p2p and locking up people who've never hurt anyone. Stop selling our elections and democracy to the highest bidder, the one who can mesmerize us with the most TV ads or engage in the dirtiest trick to steal an election and power. Stop taking tax money from working people and doling it out to corporations like you did in that sham Medicare prescription drug bill, the one you lied and cheated and bribed to pass. Stop congress from writing DMCA's and Patriot Acts that rob us of our rights, because they are working for corporations and not the people. Stop subjecting us to elections between Republican's and Democrat's where both choices are awful and undifferentiated so its pointle

      --
      @de_machina
    78. Re:Excuse me while I smash my head into the wall. by fucksl4shd0t · · Score: 4, Insightful

      All right, let Courtney say it again.

      The internet gives bands a way to finally break clear of record companies, and here you come along telling us that we need them. Do you work for the RIAA, by any chance?

      Distributing CDs cost $4, you charge your customer however much you want and pocket the difference.

      Recording your music doesn't cost a fortune, either, as long as you have the gear to make the music (which you obviously already have if you're playing gigs) and can make the basic connection from your gear to your computer's mic jack.

      Any questions?

      --
      Like what I said? You might like my music
    79. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      No, I don't agree that music as an art form can be categorised so easily.

      An artist should realise the potential to make no money from their creation as a true artist revels in appreciation and the recognition attached to such a creation.

      Your agument that it should be akin to GPL, BSD etc licensing I agree with. So long as the artist is recognised, no profit is made by anybody other than the artist and in the event that any modifications are made the artist should get full recognition for prior conception.

      I fully get your opinion (once we found it), if you can't accept mine then so be it.

      take it easy

      roguetr

    80. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      Wrong. The recording industry has a total monopoly on the distribution of records. Doesn't matter how much money you have if you don't have a distributor, radio play, and marketing you'll sell almost nothing. The system, as it exsists, only serves to make the corporations richer. It does nothing for the artists. It was designed that way from the very early days of recorded music. Saying bands couldn't do it without the labels is just off. They could, or some could, but, they can't under the current system. If it was slightly possible you don't think Madonna or Michael Jackson wouldn't have dumped thier 'label' years ago ?

    81. Re:Excuse me while I smash my head into the wall. by Jafar00 · · Score: 1

      It's true about the touring money. I remember the first time my band earned enough to buy a hamburger each after the gig. We celebrated in style ;)
      Rock and Roll!!

      --
      RebateFX.com - Spread rebates for Forex traders
    82. Re:Excuse me while I smash my head into the wall. by fucksl4shd0t · · Score: 1

      What I agree with is an artist's right to protect the works he creates.

      Aha. So, what does "RIAA" stand for, anyway? Do any of the As in RIAA stand for Artist?

      Nope.

      The RIAA is the Recording Industry Association of America. They're not the Recording Artist Association of America. They exist to protect the record labels. *Not* the copyright holders. *Not* the 'artists'. *Not* the performers, entertainers, and so forth.

      The Record Labels.

      We don't need The Record Labels any longer, and they know it. Now we can distribute the music ourselves. For many many many many moons, the Record Labels have guaranteed that performers can only make money by playing their live shows, and now they're in a position where the performers are looking at the record labels and saying "Really? I don't need the money from those CDs because you've made absolutely mutherfucking certain I never see any of that money anyway. I don't care if people copy it."

      Besides a few bands that actually have some power over their label, ALL PERFORMERS do not need the record label to perform and make money. That's why, I think, that the only bands complaining about P2P are the really big ones, like, oh, say, Metallica. If P2P had come along in 1981, would Metallica have bitched about it, or used it?

      So the only thing we need now is recording tech, which we have. We also need some skill in mastering, which we don't necessarily have. There's a growing market, I think, for independent contract-based Audio Engineering. That's the only thing we still need that the record labels provide. But wait!

      The record labels don't provide it? They can, but do they have to? Nope, many bands get it from their studio, which may or may not be owned by a label. There are plenty of indy studios not affiliated with any label....

      And the DIY option is finally there. $500 for a computer and you can DIY. Beats the hell out of a $100,000 recording studio charging you $60/hour to record, but then the quality isn't there because you still need an Audio Engineer to put it there.

      So, yeah, we don't need the record labels any more. They have spent the better part of the last century screwing performers and musicians because the performers and musicians needed them. Now they don't, and they're scared. They dug their own grave, made their own bed, etc.

      Now fuck 'em.

      --
      Like what I said? You might like my music
    83. Re:Excuse me while I smash my head into the wall. by ameoba · · Score: 1

      Those FBI warnings are citing the types of fines that commercial bootlegging operations face, not what happens for casual copying for personal use.

      This proposed law is fundamentally different, it proposes jail time & large monetary fines for non-commercial distribution of copyrighted material.

      --
      my sig's at the bottom of the page.
    84. Re:Excuse me while I smash my head into the wall. by black+mariah · · Score: 1

      Oh, you're not a moron. Just a pretentious tit. Nevermind, continue about your business.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    85. Re:Excuse me while I smash my head into the wall. by black+mariah · · Score: 1

      Not every label has millions of dollars. Not every band is signed to multi-million dollar deals. Not every band even has the $4 per CD you quote for reproduction.

      Maybe this will help. This was taken from http://www.4skinless.com, the website of a band called Skinless. They do death metal. Death metal is something that no major label would touch, but Skinless is on a fairly sizable indie called Relapse. I've seen their records in Best Buy, just so you know they have some actual distribution.

      If there is one thing that I want our fans to know it's that many decisions are made that are totally out of our hands. With the poor economy and the music business literally on its knees, promoters are more likely than ever to flake on their end of the deal. A majority of promoters care about the bands and realize that a shows success is directly attributable to the bands performance. There are a handful out there that are just out for the quick buck and will cut every corner. Quite frequently we are shorted on food and basic rider requirements, something that the promoters are contractually obligated to provide but many times they pocket the money that should have been designated to feed the bands. This really sucks for 6 guys who have been riding hours upon hours in a van without anything real to eat and when people get hungry tensions run high. For a band like SKINLESS there is much more than taking the stage the for 40 min every night, many times we travel 300-600 miles to each show. We are responsible for getting ourselves where we have to go safely, loading all our own equipment, setting up, performing, tearing down and loading out and driving to the next city, it's hard WORK. Everyday just like everyone else has to go to work, we do to but we don't get to come home to our own beds every night. This makes it that more frustrating when a promoter doses not fulfill their end of the bargain. It's impossible for the human body to function properly with out at least one good meal a day. The bottom line is fighting with promoters over a couple bucks for food makes a negative impact on the nights performance for any band. Hunger aside, the absolute worst is playing a show for very appreciative fans who paid hard earned money for the show and having a promoter tell you at the end that you will not be getting paid. The guys who do this are not part of the scene they don't even come to the shows, they sit at home and wait for the money they STOLE from the bands. These types of promoters are the worst because they never have the balls to tell you to your face that they are going to rip you off. One last thing about shitty promoters and I'll move on to the positives. Promoters will often get cold feet at the last minute when they book a show due to poor pre-sales, metal has always been mostly a "walk up" business meaning people buy their tickets at the door and not in advance to avoid ticketmaster surcharges etc.. A couple shows on this tour were cancelled BY THE PROMOTERS. Frequently they will try and blame it on the bands but it's never the case. We're ready to play any show we're booked on; if we are physically able to play the show we are there. If we're not available to play we simply are not booked on the show, many times promoters will use the bands name knowing they were never booked or knowing the band has cancelled weeks in advance. Trust that we are here for the fans and know that there are greedy bastards out there that have no place in the scene that try to turn us on each other. With that negativity behind us, the real reason we are on the road is for you, the fan. It's certainly not for the money cause we're all back to the pizza shops and our normal jobs now that the tour is over. I swear the pizza business keeps Death Metal alive! We exist for the excitement of the fans and to deliver the music that makes us feel alive in a different venue and different city every night. I've come to realize that this music chooses you, it's in your blood. It's not something you can escape or separate yourself from,

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    86. Re:Excuse me while I smash my head into the wall. by Angry+Pixie · · Score: 1

      He already has the license to play the music right? So why does he have to keep paying full price?
      Because he is buying a 2nd copy of the album, even if on an entirely different medium. You're not upgrading to a new version of the same product, even if this CD version is (arguably) better. Besides, technically he is not licensed to listen to the album, he's license to consume the contents contained on a particular medium. I'm licensed to listen to The Dark Side of the Moon as provided on the Pulse live album; however I am not license to listen to the same set of music as provided on the original album since I don't own it. Legal hairsplitting sucks.

      If he had his receipt and original and went to RCA (I assume that's the producer, I'm sure I'm wrong) and demanded a CD, he'd be laughed the hell out of there.
      Yes. RCA would easily argue it has put additional production value in the creation of the CD release, especially if we're talking about a digital remaster. Though it's the same album, it's not the same product. Does the vinyl and CD releases even share the same RCA catalog number?

      But the record industry wants to stop you from selling the album to someone else, or even making copies of it
      How? Why? Every year I gather my unwanted albums - usually remnants of dumb impulse buys, and I unload those albums on small independent stores like Disc-O'Round. They have no problems buying the albums and reselling them. They even buy albums that I got through BMG. As for making copies, you're right on. RIAA doesn't want you making legitimate backups or even remixes for your own consumption. Technically, I shouldn't be playing my music too loudly that my neighbors can unfairly and illegally consume music which they did not pay for. Eh, Fuck em if they can't take a joke!

      You're right, it is they who should be adapting to change rather than forcing the law to bend to their own wants, but that's the way it is. The RIAA gives a lot of money to Congress through the combination of indivual donations and PAC money. The original story mentions Orin Hatch. Looking up the contributions he received in the 2004 election cycle, he's actually more of a whore for lawyers and pharmaceuticals than anything else.

      Orrin G. Hatch: 2004 Politican Profile

    87. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      You sure are a sore loser.

      I pretty much figured your argument was in shambles already, but when you bitched about your opponent being "anonymous", that was the clincher. It's the slashdot equivilent of Godwin's law.

    88. Re:Excuse me while I smash my head into the wall. by fucksl4shd0t · · Score: 1

      Let me guess, you didn't actually read about Mixonic's service.

      See, it works like this. They host the online store, so you don't have to deal with taking credit cards. They take the money from the customer for you. Then, after collecting that money, they charge you $4. They also charge shipping + tax to the customer. At the end of the month, they send you a check, provided it's over a certain amount of money.

      Mixonic is a free service to sign up for. You sign up for free. You upload your music, your artwork, and design your CD, all for free. Sure, you have to record it already. Sure, you have to get people over to your Mixonic store to buy the record. Marketing is your problem. Mixonic offers distribution of a hard CD.

      Yeah, you know, the liner isn't the greatest, and neither is the case. But your no longer in a position where you need a record label. Web marketing is cheap, and easy. You build a website, you get some advertising on it (not much money there, probably), you do your shows. At your shows you give out something that directs people to your website. Whatever. And, you know, there's only one place people can buy your CD at that point. But there's plenty of people around the web who want to help.

      So, show me a band who's not on an RIAA-affiliated, and I'll give them a link. They'll probably pick up somewhere between 10 and 50 new visitors from my site each day. I want a link in return, of course. :)

      Of course, also, not so very long ago in what is now referred to as the '90s, it became fashionable to whine rather than look for a solution to your problem. Take it for what it's worth, I couldn't care less about whiny bands, and whiny people.

      --
      Like what I said? You might like my music
    89. Re:Excuse me while I smash my head into the wall. by ahfoo · · Score: 0

      Let's go with another example.
      Early theater competed directly with the church as the only form of public entertainment and it was simply banned. Furthermore, acting was considered to be a form of prostitution. Does the sexual element sound familar?

    90. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      Yeah and not all us Americans are money grubbing, ignorant fuckheads despite claims to the contrary.

    91. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      Is there a clip somewhere in which Dean shouts for more than a half second? If so, could you show me where? Otherwise, never mention it again.

    92. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      "what a funny little government"
      http://www.urbandreamsproject.org/les sonplans/capi talism/image/sm_government.jpg

    93. Re:Excuse me while I smash my head into the wall. by snyps · · Score: 1, Flamebait

      Quite honestly i think that the riaa should be the first entire corporation to be placed in jail for serial rape.

    94. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0
      Here you go: Atricle on mtv with links.

      There's more. You never bothered to search did you?

    95. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      Okay, I agree that the punishments are extreme, but also interesting in the implication that the guy with the dog should have faced a more severe punishment. But arguing that is just as unreasonable, unless your a vegetarian and campaign for rights for all animals, not just dogs. Maybe you are, but odds are your not. Have you stepped on a bug lately? It always fascinates me how illogically people feel about animal cruelty laws, as in it's okay to keep a cow locked in a little area, fatten it up, then smash it's head in, and then eat it. But if we shave spot and don't give him enough food, we're unethical. One side of the fence or the other. Like people who believe abortion is the taking of human life, but okay when it threatens the mothers life. People like that scare me because the implication is that it's okay to kill a baby if it can save the mother. Personally I'm pro-choice (and eat meat), but still, the implications of their belief system are frightening, even though I realize it's just the sign of an ill-thought out ethical system.

    96. Re:Excuse me while I smash my head into the wall. by thogard · · Score: 4, Insightful

      You haven't been paying attention have you? Cover bands are derivative works but the RIAA hasn't been going after them in the same way. Coverbands aren't legal unless they do far more paperwork than they tend to do. I know one band that chases down the copy right so they do do legal covers. They are called the Grand Wazoo --The band of a 1000 Dances and do some of the stuff Zappa would do and and they have music online for free. They don't make money from CD sales (they sell for cheap and give half the money to the local eye hospital) but they make their money from live shows.

    97. Re:Excuse me while I smash my head into the wall. by mpe · · Score: 2, Insightful

      Really, to smother Frank Zappa's name and image under a mountain of lawyers like that seems kind of odd, especially considering how much disdain the man himself had for the music industry's choke-hold on everything.

      No doubt this is only one of many cases of current copyright holders declaring a Jihad against infringers, where the actual creator dosn't have a problem (or wouldn't have a problem were they still alive).
      Whilst some creative people are "only in it for the money" for other's it is more important to either be recognised or even simply bring enjoyment to people.

    98. Re:Excuse me while I smash my head into the wall. by mpe · · Score: 1

      Thought-experiment time. I represent the Fascist White-Power neo-Nazi rock band "Kill All the Mud-People". While I'm against almost everything Frank Zappa stood for, and for almost everything he disdained, I rather like some of his tunes, so I decide to re-name my band "Frank Zappa Would Agree: Kill All the Mud-People", and put up a big photoshop of Frank Zappa's face centered on a Nazi flag.

      In a free society anyone can then look at you and say "what an idiot". Things would get disturbing if you first obtained the copyright from Gail Zappa. You might also be able to claim "fair use" under the parody exemption.

    99. Re:Excuse me while I smash my head into the wall. by beq · · Score: 1

      The real question is how they make their money at shows. Do they get it directly from the venue, or make it at the merch table? In my experience as a musician, promoter, and recording engineer, most small to midsized bands are lucky to get $100 + free beer from a venue to play a show. Once you split that among the band members, that's not much. You can make a lot more than that at a show, but most of it's likely to come from the merch table.

      Not that I think this level of business is at all threatened by file sharing. The fact is, most people will pay $10 for a CD or T shirt at a show, even if they can get the music online. It's a way of supporting a band they like.

      --
      -Brendan
    100. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0
      Not everyone's goal is to screw everyone all the time.
      Wasn't it Lincoln who said, "You can screw some of the people all the time, and all of the people some of the time, but you can not screw everyone all the time?"

      When you think about it, it's physically impossible for one person to screw more than one other person at a time. But that's the stated purpose of the modern corporation. It's the reason for incorporating in the first place.

      Ideally, by paying other people to do the screwing on an individual basis, the corporation aims to screw as many people as possible at the same time, on the theory that one man's fortune is another man's profit.

      However, the alleged goal here has traditionally been viewed as the speed of light in this equation. It's unobtainable, or at least so we thought until Microsoft introduced its theory of quantum economics, which holds that if you release software that is sufficiently buggy, insecure, proprietary and ubiquitous into a world of interconnected morons, you can screw everyone including yourself.

      <Any questions? Right then, I'll expect your essays on how to secure a Windows box on my desk by 5 pm friday. Remember, two words or less.>

    101. Re:Excuse me while I smash my head into the wall. by skifreak87 · · Score: 1

      N.B. I don't like the current copyright system and I think it's ridiculous.

      Why shouldn't a man's wife (or woman's husband) and/or family be able to benefit from their work simply because s/he is dead? That's ridiculous. That's almost like saying if I make a wise investment that earns a lot of money per year they should lose the future returns from this investment because I don't benefit anymore. Yes I realize this is an exageration but I don't understand why his name and work should have to immediately pass into the public domain upon death. We're not talking about someone whose great-great-great-grandchildren hold the copyright on their work but someone whose wife does.

    102. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      Without a doubt best movie ive seen in 2004. its mostly up in canada but i anticipate it will be in majopr american cities VERY SOON. like michael moore in it says, "greed will be the corps undooing. i sell and thats why they are promoting me. the message is unimportant."

      every person should see this.

    103. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      > Why shouldn't a man's wife (or woman's husband) and/or family be able to benefit from their work simply because s/he is dead?

      The wife and/or family benefits from the money and assets he leaves when he died. If she/they want more, they have to work or come up with their own output just like the rest of us. Seems fair enough to me.

    104. Re:Excuse me while I smash my head into the wall. by turnstyle · · Score: 1
      "The example you give is of them suing because a company used bits of a Zappa tune in a commercial. No way in hell he woulda gone for something like that. I can't argue with her there. Poor FZ was probably rolling over in his grave about his song in a commercial."

      But if you read the other comments in this thread, you'll see that many (most?) argue "he's dead, he has no rights" and so that would likewise apply to commercial work, no?

      If Frank's widow has rights over commercial use, then Frank's widow has *rights*. Many (most?) of those arguing here say that she should not have any.

      --
      Here's what I do: Bitty Browser & Andromeda
    105. Re:Excuse me while I smash my head into the wall. by Catbeller · · Score: 4, Informative

      "That first statement just shines of intelligence."

      Well, I'll help out here. You might be too young to remember a '70's era joke, so:

      "Jane, you ignorant slut" was the first line out of... um, back up a sec, more background:

      The 60 Minutes show in the '70's had a brief end-of-every-show segment called "Point:Counterpoint". In it, a conservative pundit and a liberal pundit each had a minute to speak on a point. One side spoke, and then the other side counterpointed.

      Now, on Saturday Night Live, a parody was run every week as well. In it, Dan Akroyd was the conservative reactionary and Jane Curtin the liberal representative. Every week, Jane went first. Then, the Angry Conservative would respond.

      The first line out of his thin-lipped mask of anger was: "Jane, you ignorant slut." Then he went on to further insult her.

      Back in the day, this was parody. Now, it's the basis of Fox News/MS-NBC news "coverage" every day, NOT meant as a joke, but I digress.

      The poster was being self-deprecating, not insulting. Hope I helped.

    106. Re:Excuse me while I smash my head into the wall. by skifreak87 · · Score: 1

      This basically says every man for themself screw those who get help somehow. Shouldn't my parents, by working hard, be able to provide me with extra benefits that I wouldn't normally have? Or shouldn't I, by working hard, be able to give advantages to my loved ones after my death.

      Suppoes I'm the sole income-earner in my family, i might purchase life insurance to ensure that my family can survive without drastic changes if I were to die. Should this not be allowed? Why shouldn't my work which provides for my family while I'm alive, still be able to provide for them if I were to die? Families exist in many different formats and many of them aren't well-equipped if the main income earner dies (hence life insurance) or other sorts, why should his wife have to suddenly have her life uprooted a nd twisted around simply because the law doesn't let her earn money she would have earned (yes technically he earned it but in many cases income is shared in a marriage) had he still been alive.

    107. Re:Excuse me while I smash my head into the wall. by Catbeller · · Score: 3, Interesting

      That "Deanism" never freaking happened.

      The news organizations ran his shout over a microphone designed to screen out crowd noise.

      When THE CROWD NOISE WAS PROPERLY MIXED BACK INTO THE TRACK, Dean could barely be heard. He was shouting to be heard over the screams of the crowd.

      ABC's Diane Sawyer, I recall, was the only reporter to actually go back, review the tape, and issue an apology. No one else will, though: the Heathers have spoken.

      Gore Lied All the Time, Bush is Trustworthy and Personable, Saddam Was going to Attack Us, and Dean Screamed and Was Unstable.

      These utter freaking lies are now part of the American fabric of reality, and no one will contradict them because it would mean that reporters would have to tell their "customers" that sometimes the customers are not always right.

      Dean never "screamed". He was shouting into the wall of noise around him that his mike wasn't picking up, because it was designed to screen out all sound other than his.

      The story had legs because the Heathers had already decided that it fit their narrative, and they won't back down now. They'd look like manipulative bastards, which would be the truth.

      God, how I hate it when these lies become "truth".

    108. Re:Excuse me while I smash my head into the wall. by Dausha · · Score: 1

      That is misrepresentation and libel.

      Except legally, you can't libel (or slander) the dead. So, while it may be misrepresentation, it is not libel.

      While it may be reprehensible to say false things about someone who has died, in most states it is not legally actionable. No action can be taken on behalf of a dead person.

      However libel does not extend to the dead.

      --
      What those who want activist courts fear is rule by the people.
    109. Re:Excuse me while I smash my head into the wall. by Jim+Starx · · Score: 1
      they're obviously not a national touring act or even a REGIONAL touring act

      Yet they're still making their living off of music, which makes your claim that most bands couldn't survive without a label false. Add to that I listen largely to electronic music. Electronic music rarely gets major label support. Some electronic acts are on indie label, some just put their music out themselves, they do just fine. And CD sales aren't the only thing that draws people to live shows, a band doesn't just come into the studio I work at as soon as it's been formed. They get some momentum first, play gigs, a couple fans, and then when they think there's a responce for it they come to us for a CD. I've never worked with anyone on a label, but I've worked with plenty of people who subsist solely off of their music.

      BTW, a steady well paying job is a must for everyone who doesn't live in their parents house, whether that job is music or and IT job or something else. Is it hard to turn music into your steady well paying job?? Fuck yeah, and I wouldn't want it any other way, it keeps the people who have no real passion or drive from crowding out the people that deserve to be on the stage. It's hard, but it's possible, and I've seen plenty of people do it without the help of a label.

      --
      The darkness... controls the music. The music... controls the soul.
    110. Re:Excuse me while I smash my head into the wall. by Jim+Starx · · Score: 1
      This needed a responce too:

      If the labels have no incentive to put out records due to rampant piracy then how the hell are artists going to afford to tour?

      The labels don't pay for the artists to tour, they never have. What they do is sign a contract with the artist stating that they will front the money for the tour. But the record companies expect to payed back for what they consider to be, essentially, a loan. Artists are better off just getting a loan from a bank. That way they can make the decisions about the tour instead of the record company. You might respond that it's too big a financial risk for the artist to take and that's the reason they go through the record companies. But through the record companies it's still a financial risk. This is the exact reason why behind the music has so many stories about bands that went bankrupt at the height of their popularity. The record company decides to spend a huge amount on the tour, more then ticket sales could reasonably account for, because a huge tour drums up better CD sales. But the artist is still expected to pay back that sum so they end up giving back what they got from mechandise sales and the remainders from the CD sales, all of which were supposed to be paying for the artists rent/food/etc. The money still needs to be payed back, you just get to decide do you want a bank coming after you or do you want the company that owns the right to your music coming after you? The latter has some dangerous leverage, personally I would choose the former.

      --
      The darkness... controls the music. The music... controls the soul.
    111. Re:Excuse me while I smash my head into the wall. by Jim+Starx · · Score: 1
      That entire rant by Skinless is irrelevant, it's obviosly ad misericordiam.

      This argument is about record labels and CD distrobution. Not getting the venue to fufill is rider.

      --
      The darkness... controls the music. The music... controls the soul.
    112. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0
      This basically says every man for themself screw those who get help somehow. Shouldn't my parents, by working hard, be able to provide me with extra benefits that I wouldn't normally have? Or shouldn't I, by working hard, be able to give advantages to my loved ones after my death.
      You can leave your material belongings to your loved ones because those your property. I believe FZ did that as well. But copyright are not property, they are limited-time government granted monopoly distribution rights. At the moment, they happen to be inheritable as well, but that doesn't mean that that is natural and should always be so. The essential thing is, rights to modify and distribute FZs works are NOT actual property. If they were, why wouldn't FZs descendants to the n-th generation still posess those rights?
    113. Re:Excuse me while I smash my head into the wall. by Jim+Starx · · Score: 1

      Well, yes and no. I agree that I think the record industries have something of a cooperative monopoly and that they only serve to benefit themselves and not the artist. But I don't think the only option is to change the system, I think some people are just abandoning it. That's what all this talk of internet distrobution really is. Ditching the record companies. Also, the reason Jackson or Madonna have not dumped their record companies is because they are unbelievably successfull. They are literally in the top 0.000000000001% of successfull. The record company system does actually benefit artists sometimes, but only when that artist is raking in an ungodly amount of profit to the point where a greedy record company can take as much as it wants and there will still be a crapload left over for the artist. It's the other 99.999999999999% of musicians who get dicked over by the record companies.

      --
      The darkness... controls the music. The music... controls the soul.
    114. Re:Excuse me while I smash my head into the wall. by Azghoul · · Score: 1

      Well, you might have had me up until that bull about laissez-faire capitalism.

      Last time I read a definition (admittedly quite a while ago), there was nothing in there about legally treating a corporation as a person.

      That's a purely governmental construct, is it not? I'm not sure you can call it laissez-faire...

    115. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      Which world do you live in, and how can I get there?

    116. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      EXACTLY the kind of talk I would expecct to here from someone who is trying to screw everyone and get away with it. :)

    117. Re:Excuse me while I smash my head into the wall. by Anonymous+Custard · · Score: 1

      Gail Zappa is a golddigger. That's why she married someone famous in the first place. What Frank would think and fifty cents will get you a can of pop.

      Ahhhh, but why did Frank marry her? Was she the NLJP he always wanted? A grinder and bumper?

    118. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      $18 for "The Wall"? Try $30!

    119. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      A lot of other countries have (stupid) "hate laws" to ensure such hatred is bred underground, where it can damage society much more since you can't defend against what you can't see.

      Good point. Excuse me while I go and molest a child, since I can't know it's a bad thing if I haven't seen it ruin someone's life for myself.

    120. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      as a candidate...all such hyper-uni-directional microphones will be banned from my campaign.

    121. Re:Excuse me while I smash my head into the wall. by crankyspice · · Score: 1

      Cover bands aren't producing derivative works, they're making a public performance and/or a sound recording of the original musical composition (itself a copyrighted work). However, they're allowed to do this under the Compulsory License scheme built into the copyright act; see 17 USC 115. Note that they have to pay a small ($.08/album) royalty for any mechanical copy sold. I also think that *not* putting, say, Frank Zappa's name in at least the song credits (assuming other credits were listed) would open up the cover band to a Lanham Act claim, but that's just me... (A "false designation of origin," 15 USC 1125.)

      --
      geek. lawyer.
    122. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      mr. mariah, i think i've stomached more then i can handle out of you.

      >>his still doesn't change the fact that most bands could NOT survive the way they do without labels

      you have no fucking clue.

      most bands aren't on labels.

      most bands that ARE on labels, don't see a dime, and the members and their support do other things to make ends meet.

      most bands distribute their music the old fashion way...they fucking play it in front of people.

      most bands, put in front of you, would soundly kick your fucking face in for your non-stop posting.

      stfu

    123. Re:Excuse me while I smash my head into the wall. by Wintergrey · · Score: 1
      Agreed. Laissez-faire, to my understanding, means that government is not involved with business. Since that is clearly not the case here, we cannot call laissez-faire capitalism a "psychopath". Rather, it is this corporate/government hybrid that is causing the problem.

      Perhaps when they rewrite the Constitution, in the part where they advocate the separation of church and state, they can add a part about the separation of business and state.

    124. Re:Excuse me while I smash my head into the wall. by Captain+Segfault · · Score: 1

      They are literally in the top 0.000000000001% of successfull.

      No they're not. Shave off a few zeros or the 'literally' and we'll talk.

    125. Re:Excuse me while I smash my head into the wall. by John+Courtland · · Score: 1

      Just one thing, they DID put up a fight on the resale of music and the courts (possibly the Supreme Court) decided the right of first sale belonged to the consumer on that one (finally). I think they've given up for now. I wonder, if you buy a song online and you want to sell it, what would happen?

      --
      Slashdot is proof that Sturgeon's Law applies to mankind.
    126. Re:Excuse me while I smash my head into the wall. by Jim+Starx · · Score: 1

      Name the groups more successfull then one of those two, there's probably not more then a handful. Now figure in how many other popular groups are on the radio, how many local bands there are, how many kids making music there are accross the entire world. I agree I put in quite a few zero's without doing any number crunching in my head, but I don't think it's entirely unrealistic.

      --
      The darkness... controls the music. The music... controls the soul.
    127. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      A popular artist, maybe. Frank Zappa NO FUCKING WAY. Because it's totally against what he would have wanted. What a fucking WHORE she is.

    128. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      Furthermore, the phrase "Jane you ignorant slut!" is said during the crowd participation parts of Rocky Horror Picture show.

    129. Re:Excuse me while I smash my head into the wall. by fbg111 · · Score: 1

      Basically CD's are just a way to advertise there concert.

      No, concerts (and radio) are just a way to advertise the CDs and enrich the record labels.

      --
      Flying is easy, just throw yourself at the ground and miss. -Douglas Adams
    130. Re:Excuse me while I smash my head into the wall. by cbreaker · · Score: 1

      If you honestly believe that all people are that vindictive, then perhape you gotta seek some help.

      Most people go to work, try to do a decent job, and go home. They just want to live, enjoy themselves, and screwing people is not often on the top of their list.

      You get the wrong idea from the BIG companies and the RICH people. People that got rich the wrong way. These people do not represent the majority of the citizens in the US.

      --
      - It's not the Macs I hate. It's Digg users. -
    131. Re:Excuse me while I smash my head into the wall. by Captain+Segfault · · Score: 1

      I'm saying that (10^-16)*(6*10^9) is rather less than one, and I think it is a reasonable assumption that there are fewer groups than there are people in the world.

    132. Re:Excuse me while I smash my head into the wall. by dukeisgod · · Score: 1

      Yes, that would be what they are getting at. Out of one side of their mouth. The other side is saying down with commercialism. Personal enjoyment is one thing, but selling the dead guy's work down the river to turn a buck is wrong.

    133. Re:Excuse me while I smash my head into the wall. by AaroneousMaximus · · Score: 1

      Well, here's another newsflash from a typical leftist cynic.

      What you have discovered, is that *gasp*, laws arn't made for the purpose of perpetuating justice, but in fact, to reinforce the structures of power. The rich and the powerful, through sponsoring elections ect. ect. just trying to make sure they stay on top. Remember, we have a responsibility if a fair and just society to protect innocent millionair record makers. Dogs? whatever.

      When technology gets in the way, they'll just flex their power and throw the technological advocates in jail - or ruin them.

      What's really amazing is this is not an election issue. What is? The war in eurasia *cough* I mean the middle-east.

    134. Re:Excuse me while I smash my head into the wall. by Chris+Burke · · Score: 1

      Don't let the difference between our system in which corporations get the same rights as actual humans and a laissez-faire system cause you to fail to see the point, which is about corparate behavior.

      The unfortunate decision that corporations are "persons" in the 14th Ammendment sense is merely used as a justification for performing the analysis on corporate behavior as if they were people who could actually be psychotic. Corporations aren't people; they can no more be psychotic than my chair can. The authors simply said "well, if you're going to call a corporation a person, lets see what kind of person they would be".

      The analysis is equally valid in a laissez-faire system that doesn't personify corporations -- their behavior would be identical, and it is that behavior that is analyzed.

      --

      The enemies of Democracy are
    135. Re:Excuse me while I smash my head into the wall. by Diofa · · Score: 1

      The dead can't own property, but Gail Zappa and the Zappa Family Trust owns a big vault of unreleased original FZ music, and they need money so they can make new records and films for us. Besides, I would think that Frank himself gave her some instructions about how to manage his legacy. On the other hand, one might get the impression that she HAS some sort of copyright fetish, even registering THE MOUSTACHE as a trademark. The name Dweezil is also copyrighted, as well as "Frank Zappa", "Zappa" and "FZ". But that's all right with me, as long as she keeps releasing new material. (Baby Snakes on DVD was one of the greatest experiences of my life, so far).

    136. Re:Excuse me while I smash my head into the wall. by jon787 · · Score: 5, Funny
      Not everyone's goal is to screw everyone all the time.

      Somebody wasn't paying attention in biology class...
      --
      X(7): A program for managing terminal windows. See also screen(1).
    137. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      If I buy an album, let's take an example from my father, so say The Wall by Pink Floyd. He bought that fucking thing in the 1970's on vinyl. Why the fuck should he have to pay another $18 for a CD. He already has the license to play the music right? So why does he have to keep paying full price? If he had his receipt and original and went to RCA (I assume that's the producer, I'm sure I'm wrong) and demanded a CD, he'd be laughed the hell out of there. So then it seems he holds a simple physical item, like a camera for example. But the record industry wants to stop you from selling the album to someone else, or even making copies of it. They want it both ways.

      That's a really interesting point that I've never heard made, man. Well done.

    138. Re:Excuse me while I smash my head into the wall. by timmyf2371 · · Score: 1
      I do, however, have the right to download the songs via an online file-sharing program providing I have paid for a licence to listen to any particular song in question, for example if I have a Vinyl LP, however I want to listen to the songs on my MP3 player.

      If I've purchased a Vinyl containing Led Zeppelin tracks, according to the record companies/RIAA then only I'm allowed to use it. Therefore, I've purchased a licence to use their copyrighted material as opposed to an actual product. Stairway to Heaven == Stairway to Heaven, be in on Vinyl/CD/MP3/Cassette.

      The record companies can't have it both ways - they can either sell a product, or a licence to use copyrighted materials.

      --

      Backup not found: (A)bort (R)etry (P)anic
    139. Re:Excuse me while I smash my head into the wall. by ultranova · · Score: 1

      Wouldn't Freud's theories be taught in psychology classes ?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    140. Re:Excuse me while I smash my head into the wall. by Angry+Pixie · · Score: 1

      That's fine then. They obviously had to have lost the case if I'm still able to sell my old CDs. I don't buy songs. I buy albums, so I'd likely never buy an MP3. I wouldn't know how the RIAA would handle selling MP3s. I thought that the MP3s you buy online have DRM implemented inside preventing you from playing the music elsewhere from the computer on which you initially purchased the song.

      If DRM is used, then I guess you'd have to crack the MP3 just to get it playable on someone else's computer, but then you'd be violating the DMCA. But if you sell the MP3 as is and leave it up to the customer to crack it himself, then you could be an accessory to a crime since you reasonably knew that the customer would have to commit a crime in order to play the MP3 anyway.

      But then, it all goes back to whether the license is transferrable and whether MP3 vendors have to obtain a special license from Big Music in order to sell MP3s. Anyone know what it takes to get in this business?

    141. Re:Excuse me while I smash my head into the wall. by Angry+Pixie · · Score: 1

      Can you cite a qualified source of record that states you have the right to download MP3s off Kazaa for the tracks that compise that Led Zeppelin album you already own? RIAA doesn't even like people playing consuming CD audio using any other mechanism other than an official CD player.

      I think what you're saying takes us back to the issue of making legitimate backups for what you have already purchased. I should have the right to make a backup of my DVDs and my CDs if I choose. I like to make mixes directly from my CDs, but you might prefer to use an MP3 player over a WalkMan. Say you lack the ability to make an MP3 on your own. Kazaa in this instance is no different from enlisting the help of a friend with all the necessary tools to help you make your backup or mix.

      The reason I asked for a cite earlier is because RIAA is going to have a problem with your right because you can clearly download songs other than the ones you are licensed to consume. How does the license work if you decided to download live version or digitially remastered versions of the same song? I own a few digitally remastered version of older albums I once had on CD or vinyl. The question is, is a digital remaster the same as the original master?

    142. Re:Excuse me while I smash my head into the wall. by sketerpot · · Score: 1

      It would be especially easy to say that if you already had a lot of money from your dead husband. Unfortunately....

    143. Re:Excuse me while I smash my head into the wall. by shepd · · Score: 1

      >Except legally, you can't libel (or slander) the dead. So, while it may be misrepresentation, it is not libel.

      Wow. That sucks. I do believe that's a law in need of repair, then (tm).

      --
      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
    144. Re:Excuse me while I smash my head into the wall. by Dausha · · Score: 1

      That sucks. I do believe that's a law in need of repair.

      I'll say. I'm moving on to my third career this August as I head to law school. If it becomes possible to libel the dead I'll be able to start suing millions of people for various libels going back for centuries. Think of the possibilities.

      Or, maybe things are better left this way. ;-)

      --
      What those who want activist courts fear is rule by the people.
    145. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      You do what the hippies did before you. You demonstrate. You organize and spread your message
      all over the country. You FILL the jails to overflowing and then make them ungovernable circuses. They are anyway.
      You organize sit ins and teach ins and play your
      music in very large groups with the music at the
      center. If the cops want you, they will have to
      take all of you, and that will be very expensive.
      When the record companies accost you, do not
      cooperate. Do not settle. Do not pay. Take
      every opportunity to cost the system money. Hide
      your valuables and never accumulate anything.
      Paper the nation with thousands of aliases and
      do your sharing from machine to machine with
      cables not connected to the internet or with
      zip drives or shared CDs like we used to share
      and copy tapes from tape to tape in the old days.
      Occacionally hold mass rallies on campuses and
      in public squares. Make sure the mass media is
      present. Then have huge bonfires and throw the
      copyrighted trash onto the fires in front of God
      and everybody.
      Organize a nationwide boycott of the products
      of the media monopolies and starve them of what
      they want....your money for media trash at inflated prices.

    146. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0

      C'mon, using a hacked up extract of Watermelon in Easter Hay in an ad...how crass is that?

      Zappa always protected himself and his work against abuse/exploitation whether it was by industry robber-barons or bootleggers...he was opposed to anyone else making money out of his original work. This was one of the reason's he "bootlegged" his own work...

      Copyright would have remained with the artist's family...

      rb

    147. Re:Excuse me while I smash my head into the wall. by flyneye · · Score: 1

      maybe tim mcvey should've bombed Wal-Mart instead.
      makes ya wonder,eh?

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    148. Re:Excuse me while I smash my head into the wall. by oregonnerd · · Score: 1

      And Orrin was going to blow up our computers before. I wonder if he's given up the idea, or it's just under development. "Land of the free" DOES NOT EXTEND TO COPYRIGHTS, FOLKS, AND LET'S GET THAT STRAIGHT!!! (Particularly when I--Orrin--was given some start-up money to convince me I was interested.) Let's all applaud.

      --
      oregonnerd...a nerd in Oregon, of course
    149. Re:Excuse me while I smash my head into the wall. by Azghoul · · Score: 1

      Now THAT I like...

      As usual, the pure case is completely messed up by involvement by the government. Happens to all causes, left right and center of the political aisle. Oh well...

    150. Re:Excuse me while I smash my head into the wall. by Dracolytch · · Score: 1

      How about "We're fucked"?

      ~D

      --
      This sig has been enciphered with a one-time pad. It could say almost anything.
    151. Re:Excuse me while I smash my head into the wall. by shepd · · Score: 1

      >Good point. Excuse me while I go and molest a child, since I can't know it's a bad thing if I haven't seen it ruin someone's life for myself.

      If it weren't for the romans, you'd not even take that opinion.

      Don't let the fact you know history befuddle your shitty argument, though.

      --
      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
    152. Re:Excuse me while I smash my head into the wall. by rjoost · · Score: 1

      Separation of business and state? You mean like the good 'ol days when some people could have slaves? Where's the line? So, if you don't have the mind to invest in the stock market your fucked after working for 40 years? So, ok, you don't invest in the social security, say, you invest in the stock market, then you will mandate that everyone depend on corporate greed as they become senile? Simple, huh? How old are you? Right, you got it all figured out. Pure and simple. Like genetic thoughts passed down from the left, from the right? Right, Western Europe is so fucked up. Right, the Swiss and the Germans just gotta get a clue. I mean, look at my country, the USA, fuck, we gotta a really great example of stability. Ok, before the 1930's, the elites had about 150 years of near laissez-faire. Dude, the paradigm must change. The fact is that the so-called god-given rights given to business are given by an organized society. Hey, you want to do business in my home? In my community? Ok, great, all we ask is that you work with us... don't like it? Ok, go to Communist China, go to India. Yeah, real wages slaves there! Ok, well, that is what business wants, right? Take Care. Enjoy the country built not only by dead soldiers but by dead union organizers, by dead people in this country who believed we can do better. Don't like it? Go to China. Enjoy.

    153. Re:Excuse me while I smash my head into the wall. by Anonymous Coward · · Score: 0
      Ahh yes, thats one thing Liberals and Conservatives can agree on.


      "They'd look like manipulative bastards, which would be the truth." ;-)

  2. alright the acronym is ridiculous by Anonymous Coward · · Score: 5, Insightful

    sometimes it is just so blatantly obvious that people will go to great lengths to contrive clever acronyms despite the obvious redundancies within the actual expanded title.

    come on now.

    1. Re:alright the acronym is ridiculous by willpall · · Score: 1

      I propose congress pass a bill that would be dubbed the NO ACRONYMS Act of 2004. This would prohibit legislative bodies from naming every bill with a silly acronym. Now I leave it to you to come up with what the N.O. A.C.R.O.N.Y.M.S. act's name would stand for. (And no recursive's! That's cheating)

      --
      Libertarian: label used by embarrassed Republicans, longing to be open about their greed, drug use and porn collections.
    2. Re:alright the acronym is ridiculous by rokzy · · Score: 1

      it's propaganda.

      they can call it piracy in the media, but it's not a legally valid term. this is a work-around.

      just like the PATRIOT act and "work makes you free" are work-arounds.

    3. Re:alright the acronym is ridiculous by MicktheMech · · Score: 5, Funny

      How about N.O. A.C.R.O.N.Y.M.S. -- New Order Addressing Continuous Reuse of Novel Yet Meaningless Short-forms

    4. Re:alright the acronym is ridiculous by Tlosk · · Score: 1

      You're right, because it's just so much more important to be non-redundant then clever when making acronyms. Especially when there's absolutely no meaningful difference between talking about PIR vs. PIRATE.

    5. Re:alright the acronym is ridiculous by B5_geek · · Score: 1

      As the President of the AAPOAA I protest at the useage of this acronymn.

      American Association for the Protection of Over-Abused Acronymns.

      =) Sorry, I couldn't resist.

      --
      "The price good men pay for indifference to public affairs is to be ruled by evil men." ~Plato (427-347 BC)
  3. Best legal system money can buy.. by grub · · Score: 2, Redundant


    Hatch and Leahy get loads of money from the media moguls to make millions of people criminals while guys like OJ can walk the streets. What an awesome legal system!

    --
    Trolling is a art,
    1. Re:Best legal system money can buy.. by Rosco+P.+Coltrane · · Score: 2, Funny

      Well, and there's also the fact that Orrin Hatch thinks he's a
      really great singer, and therefore likes to say of himself that he has a personal stake in seeing file sharing criminalized. Of course, anybody who's heard his music knows his musical "hits" aren't very likely to get swapped like crazy, and so the truth is that he has rigorously no risk of losing any money from P2P whatsoever...

      --
      "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    2. Re:Best legal system money can buy.. by Tom+Dunne · · Score: 1

      OJ was tried in a criminal court and a jury of 12 citizens found him innocent. If that's not good enough, what would you propose?

    3. Re:Best legal system money can buy.. by turnstyle · · Score: 4, Interesting

      Hmmm, doesn't anybody remember when the EFF used to argue that we shouldn't hold P2P tech accountable for how some may misuse it? And that they themselves suggestted suing infringers rather than the technology?

      --
      Here's what I do: Bitty Browser & Andromeda
    4. Re:Best legal system money can buy.. by Anonymous Coward · · Score: 2, Insightful

      I've been saying that for years, they are commiting a crime, but that's not the point. The problem here is that the punishment far outweighs the crime.

    5. Re:Best legal system money can buy.. by A+Bugg · · Score: 1

      and yet he was found liable for their deaths in civil court.

    6. Re:Best legal system money can buy.. by iminplaya · · Score: 3, Insightful

      Suing is one thing. Jail is quite another. Current copyright law protects the industry at the expense of the artist, and is worthy of nothing but contempt. As long as these kinds of laws remain on the books, all law becomes contemptable.

      --
      What?
    7. Re:Best legal system money can buy.. by Anonymous Coward · · Score: 0

      A civil court where his personal freedom wasn't threatened, only his wallet. Therefore I think it's somewhat justified that civil courts require a "preponderance of evidence" whereas criminal courts require "proof beyond a reasonable doubt".

    8. Re:Best legal system money can buy.. by Anonymous Coward · · Score: 4, Insightful

      Suggests that something is wrong with the legal system when a man proven innocent in one court can then be found guilty in another court for a crime the law already said he didn't commit.

    9. Re:Best legal system money can buy.. by turnstyle · · Score: 1
      "I've been saying that for years, they are commiting a crime, but that's not the point. The problem here is that the punishment far outweighs the crime."

      BUT, if you actually look at the RIAA copyright infringement cases so far, with their hypothetical $150,000-per penalty (clearly a ridiculously high penalty), the fact is that most cases have settled for about $3000 for a few thousand files, which comes out to about $1 per file... (which isn't really any more than what they would have cost if purchased via iTunes anyway)

      --
      Here's what I do: Bitty Browser & Andromeda
    10. Re:Best legal system money can buy.. by turnstyle · · Score: 1
      "copyright law protects the industry at the expense of the artist"

      That is plainly wrong.

      Copyright law protects the copyright holder, whether that happens to be a record company (for those artists who have signed away their rights) or the artists themselves (for artists who have decided to retain their rights -- or who have not yet had the opportunity to decide whether to sign them over to a record company).

      --
      Here's what I do: Bitty Browser & Andromeda
    11. Re:Best legal system money can buy.. by Minna+Kirai · · Score: 3, Insightful

      That is plainly wrong.

      It's not so plain either way. There's plenty of truth in his claim.

      For example, current copyright law has terms of 97 years. Only "the industry", in the form of large corporations, can profit from anything for that long of a time. The artists would get paid the same regardless of copyright lasting 15 years or 100.

      Nobody plans out more than 10 years when considering an attempt to profit from creativity, whether by writing a novel or hiring a singer. All copyright revenues past 15-20 years is just free money for big publishers. (And the more money they collect from Elvis, the less they need to pay to today's performers)

    12. Re:Best legal system money can buy.. by KD5YPT · · Score: 1

      Actually the reason OJ was found innocent by 12 citizens because several key evidence was thrown out on technicallity (bad collection, contamination of evidences) and the jury cannot include those, therefore looking at the remaining evidences, there's no "Beyond all reasonable doubt" that OJ is guilty.

      I actually heard a presentation on forensic science by the guy who's testimony caused those evidences to be excluded. He's a forensic expert who's has a strong sense of honesty. In fact, the prosecuting attorney placed him on the stand because of his expertise, only to get their jaw dropped when he start discrediting their own evidences.

      http://www.law.umkc.edu/faculty/projects/ftrials /S impson/leetest.html
      Oh, forgot to put it in, that guy's name is Dr. Henry Lee.

      P.S. I like his honesty. And all we can blame is the lousy CSI's processing OJ's evidences.

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
    13. Re:Best legal system money can buy.. by KD5YPT · · Score: 1

      Sorry, a correction on my previous post (got my facts mixed up completely), Dr. Henry Lee was put on the stand by the defense attorney, not the prosecutin attorney.
      Here's the link against in clickable form
      http://www.law.umkc.edu/faculty/projects/ftrials/S impson/leetest.html

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
    14. Re:Best legal system money can buy.. by turnstyle · · Score: 1
      "It's not so plain either way. There's plenty of truth in his claim."

      Well, his position is that he should be able to sell copies of recently released works if that's what he decides to do.

      --
      Here's what I do: Bitty Browser & Andromeda
    15. Re:Best legal system money can buy.. by YetAnotherGeekGuy · · Score: 1

      which comes out to about $1 per file... (which isn't really any more than what they would have cost if purchased via iTunes anyway)

      This, of course ignores the fact that iTunes didn't exist at the time of the original infractions. And it ignores the fact that RIAA was doing everything in its power to kill the technology (e.g., Napster's demise).

      --

      to the Engineer, the glass is neither half full nor half empty. Its just two times too big.
    16. Re:Best legal system money can buy.. by geminidomino · · Score: 1

      The EFF also says Spam is frea speach. Fuck the EFF.

    17. Re:Best legal system money can buy.. by black+mariah · · Score: 2, Insightful

      Not exactly. The difference is in the way civil and criminal cases are tried.

      Criminal cases have a 'beyond a shadow of a doubt' restriction on guilt, meaning that the evidence must show that the defendant was clearly guilty of the crime.

      Civil cases are tried on a 'preponderance of the evidence', meaning that the jury is allowed to look at the evidence and if it indicates that the defendant is reasonably accountable, they can find him guilty.

      Another difference is that Civil and Criminal courts are just two separate parts of the legal system. Criminal cases are brought up by the goverment against individuals, Civil cases are individuals against other individuals.

      The parent comment is only insightful if you know dick about the American legal system.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    18. Re:Best legal system money can buy.. by turnstyle · · Score: 1
      "And it ignores the fact that RIAA was doing everything in its power to kill the technology (e.g., Napster's demise)."

      RIAA was wrong to go after P2P technology, and EFF is wrong in cheering on what they themselves have characterized as misuse.

      I don't expect moral logic from the RIAA -- we all know that they're there to protect financial interests -- but I do expect moral logic from EFF.

      --
      Here's what I do: Bitty Browser & Andromeda
    19. Re:Best legal system money can buy.. by shark72 · · Score: 1

      "The artists would get paid the same regardless of copyright lasting 15 years or 100."

      I am not sure if I know what you mean. If I write a song that turns out to be one of those timeless gems that is still loved decades from now, I will be grateful for the money it can provide for me and my family fifteen years out and beyond. Even if I get five bucks in royalty payments in year sixteen, that's still five bucks I would not have had.

      "All copyright revenues past 15-20 years is just free money for big publishers."

      And songwriters and composers. Copyright law protects all copyright holders.

      --
      Sitting in my day care, the art is decopainted.
    20. Re:Best legal system money can buy.. by MacDork · · Score: 1

      remember when the EFF used to argue that we shouldn't hold P2P tech accountable for how some may misuse it? And that they themselves suggestted suing infringers rather than the technology?

      Yeah, and where did they say that it would be a good idea if the Government would foot the bill for the RIAA's civil suits?

    21. Re:Best legal system money can buy.. by turnstyle · · Score: 1
      "Yeah, and where did they say that it would be a good idea if the Government would foot the bill for the RIAA's civil suits?"

      You're just repeating the spin by the Sharman Networks lawyer.

      How exactly is the Government footing the bill for the RIAA's civil suits?

      --
      Here's what I do: Bitty Browser & Andromeda
    22. Re:Best legal system money can buy.. by zymurgyboy · · Score: 2, Interesting
      He wasn't found guilty. You cannot be found guilty in a civil court. The word you're looking for is liable. The burden of proof for being found liable of something is much lower than the "beyond a reasonable doubt" standard applied to criminal cases. All you need for a finding of liability is a preponderence of the evidence.

      The civil court determined that most of the evidence in OJ's case likely made him responsible for the death of his ex-wife. There were just enough inconsitencies in the evidence (i.e. non-fitting bloody glove, investigators successfully painted as racially biased), sympathetic jurors and slick representation in the criminal trial to make most of the same evidence not meet the standard for reasonable doubt.

      Hence, you have a not guilty verdict in one court, and a finding of liability in another. Obligatory disclaimer: IANAL - but I work for them at trials.

      --
      If you never make mistakes, it's probably because you're not doing anything.
    23. Re:Best legal system money can buy.. by MacDork · · Score: 4, Informative

      How exactly is the Government footing the bill for the RIAA's civil suits?

      Ummm, I don't know, maybe by having the DOJ provide the lawyers and do the suing for them? Quoting Leahy's press release:

      The Protecting Intellectual Rights Against Theft and Expropriation Act (PIRATE Act) would extend DOJ's current authority to permit its filing of civil copyright infringement cases.

      Wow! Now the RIAA doesn't even have to sue. Big Brother will do it for him.

    24. Re:Best legal system money can buy.. by anagama · · Score: 3, Informative

      I'm not disagreeing with you that the OJ thing was a fiasco. However, courts don't find people "innocent". In the last few years, it seems that news organizations have been using the "pleaded innocent" phrase over and over. Even NPR. Nobody pleads innocent, they plead "not guilty". In terms of a verdict, the jury gets to chose "guilty" or "not guilty". A not guilty verdict simply means that the state failed to prove that defendant was guilty. It does not mean that the person is innocent, just that guilt was not proven, i.e., "not guilty".

      I know news organizations think people are too stupid to understand the phrase "not guilty". I don't think that's the case though. If you describe the quality of a restaraunt using words such as
      • bad - not bad - good
      People will easily understand that "not bad" doesn't mean the place is great. It just means it doesn't suck. "Guilty - not guilty - innocent" works the same way.
      --
      What changed under Obama? Nothing Good
    25. Re:Best legal system money can buy.. by Cameroon · · Score: 1

      While all this is true, I think the point is that it's at least somewhat absurd to say in one instance "Ok, you did not do this." and then somewhere else say "Well, it looks like there's a good chance you might have done it, so you're responsible for compensation."

      Yes, I understand they are different courts with different standards to meet and brought by different plaintiffs, but it's still (at least somewhat) silly.

    26. Re:Best legal system money can buy.. by NotoriousQ · · Score: 1

      Actually, criminal cases have a 'beyond reasonable doubt' restriction. There can always be a shadow of a doubt, and the phrase seems to have been brought about by tv shows like Matlock.

      --
      badness 10000
    27. Re:Best legal system money can buy.. by Anonymous Coward · · Score: 0

      That's nice, but we're not talking about lawsuits, we're talking about spending the next fscking DECADE in jail because you commited copyright infringement.

    28. Re:Best legal system money can buy.. by zymurgyboy · · Score: 1
      Or depending on how you look at it, (at least somewhat) more fair. So I have to ask, how is it silly? Nothing else on Earth is so cut and dried. Why would a legal system be? It has to be this granular to assure there is some way to provide an appropriate level of justice in every case.

      I think OJ was probably guilty. In my opinion, an appropriate level of justice probably would have included a conviction and prison term. But thanks to sloppy evidence collection and some bungling by the prosecution, that wasn't possible here.

      At least he didn't get away with it completely. Without a lower standard for liability he probably would have.

      On the flip side, it's a Good Thing(tm) the standard for being found guilty of a crime is higher than for being found liable of a tort or infringement, etc. If it weren't there would be a lot more wrongfully convicted people unfairly saddled with criminal records, or worse yet, in prison (with the potential for being executed in some cases).

      There's nothing uniquely American about the concept that money can go a long way to manipulating the process of jursiprudence. But in spite of that we still have perhaps one of the fairest systems there is. Unless you get rid of the concept of money altogether, there isn't a way to effectively eliminate it's influence on anything. Much less in a process where people's lives are literally hanging in the balance.

      --
      If you never make mistakes, it's probably because you're not doing anything.
    29. Re:Best legal system money can buy.. by black+mariah · · Score: 1

      Ah, yeah, sorry about that. Got my terminology fucked up. It's still basically the same thing, just less... lawyerly?

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    30. Re:Best legal system money can buy.. by alan_dershowitz · · Score: 1

      I don't understand how a civil court can base liability on a criminal act that the defendant was found not guilty of. This of course could be done if he was found guilty, but it would seem to me that if you are not GUILTY of murder, you are by default not LIABLE for murder.

      I understand if you use the same evidence you could reach different conclusions by applying a different threshold. However the civil court basically reevaluated evidence from a criminal proceeding while ignoring the conclusion, and de facto found someone guilty of murder by finding liability. (I realize a wrongful death suit doesn't imply murder, but in this case it does.)

      My question is, does the civil court have the authority to evaluate guilt in a criminal act on the way to proving liability? Is this common?

    31. Re:Best legal system money can buy.. by Shajenko42 · · Score: 1

      Not quite. "Beyond a shadow of a doubt" would mean the total absence of all evidence opposing that conclusion. "Beyond a reasonable doubt" would exclude things like, for instance, the theory that Martians replaced you with a genetic duplicate for the few moments in which the crime took place, and then put you back afterwards. You know, "unreasonable" doubts.

    32. Re:Best legal system money can buy.. by zymurgyboy · · Score: 1
      There were separate trials that made use of the same evidence, so it's not entirely accurate to say one decision would be based off another necessarily. It probably varies from jurisdiction to juridiction, state to state, state versus federal, etc. to some degree.

      It's quite common to restrict the use of other unrelated criminal activity as evidence in trial due it's potential to unfairly prejudice the outcome of a particular trial.

      Are for this:

      My question is, does the civil court have the authority to evaluate guilt in a criminal act on the way to proving liability? Is this common?
      I don't know the answer, or if there is even a single answer. I'm a geek that works for lawyers. I know more about trial work than your average geek but, alas, IANAL. It's a great question though.

      Anyone with a JD out there have something to add?

      --
      If you never make mistakes, it's probably because you're not doing anything.
    33. Re:Best legal system money can buy.. by Anonymous Coward · · Score: 0

      The EFF stands for lots of things, and nothing in particular. Some of the things they represent are noble. Some are vulgar. Esther Dyson is boardmember emeritus. You know, ICANN Esther. IDF Esther. Don't know the International DOI Foundation? Better start checking it out, cuz they want to own your ass.

    34. Re:Best legal system money can buy.. by Anonymous Coward · · Score: 0

      Fair enough, and perhaps it is silly, but there's also a reason why they call it "not guilty" instead of "innocent". Criminal courts don't absolve you of responsibility or proove your innocence, they merely mean that the state (or fed. gov.) doesn't have enough evidence to warrant taking away your liberty (through prison) or life (through capital punishment). Civil cases are about restitution, NOT punishment. It's a subtle difference, but important, and I think that warrants the difference in burdens of proof.

    35. Re:Best legal system money can buy.. by zymurgyboy · · Score: 1
      The parent comment is only insightful if you know dick about the American legal system.
      Amen! What are the mods smoking today? The parent to your comment, and other ones I've seen in this discussion seem to demonstrate a basic aspect of human nature that we attack we don't understand. There is a grand lack of understanding of our legal system on /., by and large.

      Neither of us are perfect either but much closer than the mean around here.

      What sucks about this is that when people engage in the sort of behaviour I describe, they also seem to close themselves off to further understanding of the thing they belittle. If we don't engage to a point where we understand what we want to change, it won't ever change.

      On the other side of the debate would be our congress, legislating away on technology they don't understand.

      --
      If you never make mistakes, it's probably because you're not doing anything.
    36. Re:Best legal system money can buy.. by Anonymous Coward · · Score: 0

      You said it yourself: "not guilty". That doesn't mean "innocent". There's a reason it's phrased like that. "Not guilty" just means that under a particular set of circumstances and at a particular burden of proof it could not be proven that you were guilty. The job of a criminal courtroom is not to prove one's innocence, merely to show whether or not it is possible within a reasonable doubt.

    37. Re:Best legal system money can buy.. by zymurgyboy · · Score: 1
      Which pretty much summarizes the point I was trying to make, only stated differently.

      But I won't concede it's 'silly.' Hardly, in fact. Are you confusing my comment with someone else's? I called Cameroon out for calling it silly.

      --
      If you never make mistakes, it's probably because you're not doing anything.
    38. Re:Best legal system money can buy.. by zymurgyboy · · Score: 1

      The restaurant analogy is a nice piece of work. Bravo.

      --
      If you never make mistakes, it's probably because you're not doing anything.
    39. Re:Best legal system money can buy.. by Minna+Kirai · · Score: 1

      If I write a song that turns out to be one of those timeless gems that is still loved decades from now, I will be grateful for the money it can provide for me and my family fifteen years out and beyond.

      You'll be grateful that the corporation to which you sold the rights for a flat fee will get even more royalties? How generous of you... because that's the way the industry actually works in 99% of cases.

      It seems like you are coming from a hypothetical position where artists retain the rights. That might be nice in theory, but the real world has proven itself to work differently.

    40. Re:Best legal system money can buy.. by alan_dershowitz · · Score: 1

      You can't reach a lesser charge of civil liability for wrongful death as the result of murder without finding him guilty of the greater charge of murder first, right? By issuing a not-guilty verdict, the government was stating there was not enough evidence to prove he commited murder, so enlighten me how a civil court could sanely find him liable for an act he couldn't legally be found to have actually done?

      The civil court made an assumption of guilt for the crime of murder using only enough evidence to find legal liability if the act ACTUALLY OCCURED. The act was never legally proven to have accured (otherwise he would have been guilty!) so I don't see where the civil court gets off deciding unilaterally if someone is guilty or innocent of a criminal charge in making their decisions, let alone deciding the OPPOSITE of the outcome of the actual criminal case in question.

    41. Re:Best legal system money can buy.. by fucksl4shd0t · · Score: 1

      My question is, does the civil court have the authority to evaluate guilt in a criminal act on the way to proving liability? Is this common?

      The assumption you're making is that a civil court would have to evaluate guilt in a criminal act on the way to proving liability. Take it from another direction:

      OJ was declared liable for the act in the civil court. That doesn't mean he was guilty of actually murdering anybody. It's probably fair to say there's the possibility someone else was there, did it, and then later on he showed up and allowed himself to be circumstantially linked to the crime. I don't know that it's a huge possibility or not. Other factors influence whether or not he is liable of the crime.

      I consider the fact that OJ got taken to civil court and successfully sued to be something that really really sucks. If he was guilty, I'd like to think that our justice system is good enough to have found him guilty, but I think it would have been better all the way around if he had gotten off scot-free without the civil case even happening.

      Consider that it's now possible to sue someone for committing a crime and have them declared liable for the crime. Now what if someone is sued and found liable for the crime, but they didn't actually commit it? We have laws to make someone an accessory to a crime so they fall under criminal prosecution, and that's where it belongs.

      I'm too sleepy to finish this, and I'm not a lawyer either. :)

      --
      Like what I said? You might like my music
    42. Re:Best legal system money can buy.. by Anonymous Coward · · Score: 0

      I know this is flame-bait but I think it needs to be said anyways. Anagama, you are a major dumbfuck. It's people like you that like to warp the legal system to their own facist ideas. Obviously you have forgotten or plainly ignored that in the U.S. legal system a person is presumed _INNOCENT_ until found guilty in a court of law. If a person is found not guilty it doesn't change the status of presumed innocence. Look up the word presume in an english dictionary sometime, you might just find what it actually means.

      Also, you're probably one of those shitheads that thinks that just because someone was charged with a crime that they must be guilty unless proved otherwise. Thanks for tainting our jury system some more bozo.

    43. Re:Best legal system money can buy.. by arkhan_jg · · Score: 1
      A not guilty verdict simply means that the state failed to prove that defendant was guilty. It does not mean that the person is innocent, just that guilt was not proven, i.e., "not guilty".

      This is 100% incorrect. You ARE presumed innocent until proven guilty in a court of law. ipso facto, a not guilty verdict means you remain innocent of the crime you were accused of, and cannot be retried for the same offence.

      Of course, new evidence may come to light, and you may eventually be found guilty of a different crime in the same incident; but the fact remains that not guilty == innocent of the crime you're accused of.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    44. Re:Best legal system money can buy.. by Anonymous Coward · · Score: 0

      Suing is much different than throwing them in jail (which is what this "act" will do).

      Before it was a civil law matter. Now they want to turn it into a criminal law where the RIAA/MPAA doesn't have to foot the bill.

      This is hardly what the EFF was advocating. Suing individuals instead of the medium still makes sense. Criminalizing the act is absurd.

    45. Re:Best legal system money can buy.. by turnstyle · · Score: 1
      I don't know what kinds of civil suits the DOJ files, and that's the only way to decide whether this is a reasonable extension.

      However, let's just assume that it's not a reasonable extension.

      And let's assume that the EFF gets their way.

      Now we would then have a huge new quasi-governmental bureaucracy that would pay directly to the RIAA and would cost a whole lot more than those DOJ lawyers.

      --
      Here's what I do: Bitty Browser & Andromeda
    46. Re:Best legal system money can buy.. by turnstyle · · Score: 1
      "This is hardly what the EFF was advocating. Suing individuals instead of the medium still makes sense."

      And so why don't they simply say so?

      That's the problem with EFF -- they cheer on file-sharing when then should be playing a more reasonable and responsible roll. It's largly the fault of organizations like them that we're now getting increasingly nasty legislation.

      If the EFF were instead saying something like: "P2P is great, but don't use it to share unauthorized work -- instead, share works by authors who *want* to be shared" my guess is that fewer people would continue with the logically corrupt "I'll just do as I please" mindset.

      --
      Here's what I do: Bitty Browser & Andromeda
    47. Re:Best legal system money can buy.. by Anonymous Coward · · Score: 0

      I disagree and I think there is confusion about "not guilty" sometimes.

      The restaurant is a poor analogy because guilt in this sense is boolean. You either did commit the crime or you didn't. Restuarants on the other hand are not booleans and would be better suited to a percentage score for example.
      Trying to represent both as as "yes, no, maybe" type values doesn't work very well and doesn't make them the same.

      A better analogy could be formed by comparison with another boolean such as a lightswitch. It's either on or off (cf: guilty or innocent), but in this analogy "not on" would compare with "not guilty" and mean "can't be sure its on" .. which is why the "not guilty" confusion arises.

    48. Re:Best legal system money can buy.. by Anonymous Coward · · Score: 0

      But I won't concede it's 'silly.' Hardly, in fact. Are you confusing my comment with someone else's? I called Cameroon out for calling it silly.

      The confusion is yours. He replied to Cameroon's post, not to yours.

    49. Re:Best legal system money can buy.. by MacDork · · Score: 1

      And let's assume that the EFF gets their way.

      I think you assume too much from my previous responses. I do not think the EFF approach would work. It is essentially suggesting a subscription based service that you pay for voluntarily. As we've seen already, subscription based services aren't working well and voluntary payments are even less likely to succeed.

      The solution is not more bureaucracy. The solution will be technological and will remove the recording industry from their position as the gatekeepers of music. Sure, they'll still be in control of the old stuff. But within 5 years, all new music will travel through a medium that will be something like a blend of iRate, eBay and P2P. You will be able to find/advertise, buy/sell, and distribute/acquire music all in one place. All without big labels, and without MTV and Clear Channel to force feed people what they 'think' people want to hear. The control over music will be returned to those who actually create it, and that leaves the big labels out of a job. In the end, everyone except the copyright cartels will be better off for it.

      Obviously, by attempting to criminalize the protocol itself, they are trying to prevent their own demise through force of law. The sensible thing for them to do would be to get there first and try to carve out a niche, but they can't see the forest for the trees. They're too busy throwing money at lawyers, legislators, and con men who promise them magical files that can be unlocked yet can't be unlocked.

    50. Re:Best legal system money can buy.. by iminplaya · · Score: 1

      The solution will be technological and will remove the recording industry from their position as the gatekeepers of music.

      Please note that the whole entertainment industry and the gov't are in a very simbiotic(?) relationship. The industry want to stay in business, and thg gov't needs the industry gatekeepers to keep undesirable thoughts off the tv or radio. It's like those little birds picking bugs off the back of an elephant.

      --
      What?
    51. Re:Best legal system money can buy.. by MacDork · · Score: 1

      needs the industry gatekeepers to keep undesirable thoughts off the tv or radio.

      Maybe in respect of the news organizations, yes. However, the music industry itself, no. Janet's boob, Howard Stern, Iced T's "Cop Killer", even Elvis' gyrating hips have been considered bad bad bad by the Moral Majority. Government probably considers the music subsidiaries of their propaganda machine to be the undesirable parasite it must accept in order to accomplish its ultimate goals. However, I could see how you might argue that they are simply introducing the ideas into acceptance slowly enough that they can be used 1984 style. But that doesn't address the real issue.

      The recording industry is fighting the invisible hand of supply and demand. Charge too much for a product and new markets will spring up. Making the new markets illegal doesn't eliminate them. It just creates black markets. And if prohibition and "The War on Drugs" have taught us anything about black markets...

    52. Re:Best legal system money can buy.. by alan_dershowitz · · Score: 1

      For some reason, I find this topic fascinating.

      I guess OJ was found liable for "wrongful death" which could mean anything, so long as he was somehow involved in their deaths. Of course any rational human being would derive that nearly any involvement he would have had in the murders would imply criminal guilt, save for finding their writhing bodies and doing nothing about it.

      I wonder if a context was established in the wrongful death ruling. I'd like to hear how he was supposedly liable for their deaths if he didn't do it. I'd hope that it wasn't sufficient to not qualify "wrongful death" with how he was actually liable.

  4. Scary by Rosco+P.+Coltrane · · Score: 4, Funny

    Under the bill, even sharing a single file (if a judge decides the value is over $10,000) could land a user in jail

    Given the strength of the dollar these days, that's like the price of a single Anne Murray CD...

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    1. Re:Scary by Anonymous Coward · · Score: 0

      That probably has more to do with the RIAA's pricing, eh?

    2. Re:Scary by Anonymous Coward · · Score: 0
    3. Re:Scary by bfg9000 · · Score: 4, Funny

      If you're pirating Anne Murray, you have already suffered enough.

      --

      I'm not normally an irrational zealous dickhead, but I figure "When in Rome..."

    4. Re:Scary by smchris · · Score: 2, Funny

      Under the bill, even sharing a single file (if a judge decides the value is over $10,000) could land a user in jail

      I was wondering if that meant it was still OK to pirate Gigli.

  5. So what is this going to do? by xactoguy · · Score: 5, Insightful

    Honestly, the prisons are full enough as it is with petty criminals, if they even attempt to enforce these they are going to fill them up even faster. And, who wants to put in jail? If this gets passed and starts getting actively enforced, hopefully someone is going to stand up against this. I hope you've all donated to EFF lately...

    --


    And so we go, on with our lives
    We know the truth, but prefer lies
    Lies are simple, simple is bliss
    1. Re:So what is this going to do? by Anonymous Coward · · Score: 0

      If this gets passed and starts getting actively enforced, hopefully someone is going to stand up against this.

      It's your constitutional right to own guns so government can't stomp all over you.

      Aim well.

    2. Re:So what is this going to do? by Anonymous Coward · · Score: 3, Informative

      What we are going to do is use Freenet ( http://freenet.sourceforge.net/ ) and Mute-net ( http://mute-net.sourceforge.net/ ) anonymous P2P applications to exchange files now.

      Upload some music and make a music webpage, im in the middle of making an emulator and book webpage.

      See you soon :)

    3. Re:So what is this going to do? by iminplaya · · Score: 1

      The prison industry needs more "customers" to make a profit. They need the prisons to be full, and then they can build and fill more prisons. They could be behind this as much as the entertainment industry. After they put enough geeks in jail, America might not need to outsource their IT jobs overseas anymore. It doesn't matter if the crime is petty or not. Just fill the jail.

      --
      What?
    4. Re:So what is this going to do? by maeka · · Score: 5, Insightful
      If you would read the linked articles you could see past the hype and realize that this proposed law is an attempt to punish file sharers through fines not jail time.

      From Sen. Hatch's comments: (emphasis mine)

      It is critical that we bring the moral force of the government to bear against those who knowingly violate the federal copyrights enshrined in our Constitution. But many of us remain concerned that using criminal law enforcement remedies to act against these infringers could have an overly-harsh effect, perhaps, for example, putting thousands of otherwise law-abiding teenagers and college students in jail and branding them with the lifelong stigma of a felony criminal conviction.

      The bill I join Senator Leahy in sponsoring today will allow the Department of Justice to supplement its existing criminal-enforcement powers through the new civil-enforcement mechanism. As a result, the Department will be able to impose stiff penalties for violating copyrights, but can avoid criminal action when warranted.


      I'm not going to use the T word (theft), but let me just say that the casual breech of copyright is getting out of hand, and getting more and more government attention. Shouldn't we (American) Slashdotters be glad that Congress is discussing a law that increases civil penalties instead of making copyright infringement a criminal offense? With the MPAA and RIAA's tactics increasingly blurring that line between civil and criminal offense, I find that this law actually makes a sane and calm attempt to address the problem.

    5. Re:So what is this going to do? by Anonymous Coward · · Score: 0

      Hey, cool. Haven't heard of Mute-Net before, thanks a bunch! :)

    6. Re:So what is this going to do? by wrmrxxx · · Score: 1

      It seems surprising that the music distribution industry would really want jail sentences for copiers. I would have thought that they'd prefer to continue using file sharing as a way to extract money from their victims by suing (or just by threatening to sue), and to excuse themselves from any competitive pressure that might require them to provide value for money.

      Maybe their very cunning plan is to get this law passed, and invest heavily in the private prison business.

    7. Re:So what is this going to do? by cpt+kangarooski · · Score: 5, Insightful

      let me just say that the casual breech of copyright is getting out of hand

      I agree. The solution is not to punish infringement, it is to increasingly legalize infringement so that people's behavior need not significantly change, but they get to stay on the right side of the law.

      It's a lot like prohibition. People totally ignored the law, and not only was the law bad by itself, but by being so especially bad, it gave a big boost to organized crime and fostered disrespect for the law.

      Laws aren't automatically entitled to respect. They have to deserve respect by being sensible. There was little large scale infringement prior to the 1976 Act in no small part due to the fact that people didn't have a problem with complying with the law. Our laws today are so awful that of course no one obeys them.

      I find that this law actually makes a sane and calm attempt to address the problem.

      The people are not the problem. This law is just going to make things worse.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    8. Re:So what is this going to do? by Moofie · · Score: 1

      When those civil penalties are obscene, the answer to your question is "no".

      --
      Why yes, I AM a rocket scientist!
    9. Re:So what is this going to do? by value_added · · Score: 1

      It seems that law enforcement invariably prefers crimes be treated more seriously than they would ordinarily deserve. Property seizures are an excellent example. Buy a joint from that Jamaican dude standing on the corner, or stop to pick up that girl waving at you, you lose your car.

      The courts/legislature are also part of this trend. Most traffic offenses, for example, are (quite rightly) treated as misdemeanors. Neglect to pay the fines, or accumulate a few more misdemeanors, what was once a the misdemeanor now becomes a felony which, at least in California, gets counted towards your 3 strikes.

    10. Re:So what is this going to do? by Kethinov · · Score: 2, Interesting
      shouldn't we (American) Slashdotters be glad that Congress is discussing a law that increases civil penalties instead of making copyright infringement a criminal offense?
      Uh, no.
      We should be disgusted that they're cooking up even more ways to enforce laws which are now unenforceable in modern day America. Technology advancements change what should and shouldn't be considered "intellectual property" and our laws haven't been keeping up. The constitution's view of copyright is hundreds of years old and obsolete. Something tells me the founding fathers would look at the way corporations are lobbying congress to reinterpret their words any way they please with considerable disgust.

      Don't be a sheep.

      "Think for yourself. Question authority." - Tool - Third Eye
      --
      You're right, I wouldn't steal a car. But if it were possible, I sure as hell would download one!
    11. Re:So what is this going to do? by Tuxedo+Jack · · Score: 1

      And of course, there's always WASTE, if people managed to mirror it before AOL pulled it.

      *Cough*

      --

      Striking fear in the authors of godawful fanfiction, I am here, appearing in darkness, Tuxedo Jack!
    12. Re:So what is this going to do? by Famatra · · Score: 1

      I agree with you (Mod him up plz :) ). 95 year copyright, the RIAA being found *guilty* of price gouging, CDs that are more expensive then *DVD movies*, actively criminalizing people: the current laws are crazy.

      Also just because people are downloading these games and mp3s doesn't mean they dont eventually buy it. I downloaded a game I liked, Alpha Centauri, then *bought* the expansion pack (to get tech support, the manual, and the satisfaction of possession. Many people enjoy *buying* and *owning* something).

      It is time to reject these attempts at information prohibition. Trying to criminalize a majority of the people's behaviour is moronic, and will finally be seen to be moronic when we vote to stop it.

    13. Re:So what is this going to do? by smchris · · Score: 1

      But many of us remain concerned that using criminal law enforcement remedies to act against these infringers could have an overly-harsh effect, perhaps, for example, putting thousands of otherwise law-abiding teenagers and college students in jail and branding them with the lifelong stigma of a felony criminal conviction.

      Yeah, that's right ethical of him to worry so much about that.
      But he knows where his campaign contibutions have come from.

    14. Re:So what is this going to do? by Minna+Kirai · · Score: 1

      What we are going to do is use Freenet

      And then there will be a new law, and you will be arrested simply for possessing the Freenet software...

    15. Re:So what is this going to do? by black+mariah · · Score: 0, Flamebait

      So because people are illegally downloading shit they don't own and have no rights to, we should change laws that have been the backbone of music, film, TV, and many other facets of our everyday life? BULLSHIT.

      Prohibition was a failure because it was instituted poorly at a time when organized crime was booming. If it had been brought about during the Great Depression things might have been different.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    16. Re:So what is this going to do? by Chris+Carollo · · Score: 2, Insightful
      The solution is not to punish infringement, it is to increasingly legalize infringement so that people's behavior need not significantly change, but they get to stay on the right side of the law.
      But if the cornerstone of the p2p problem is that people are distributing content for free, how exactly are we going to change the laws so that there remains some notion of copyright so that it's still vaible to produce music/movies/games?

      It's easy to say "change the law", but the current p2p behavior just seems to fundamentally at odds with practicality that I don't see how it would work.
    17. Re:So what is this going to do? by richieb · · Score: 1
      So because people are illegally downloading shit they don't own and have no rights to, we should change laws that have been the backbone of music, film, TV, and many other facets of our everyday life? BULLSHIT.

      Actually the music, film and TV business as it exists today was created by breaking or ignoring existing laws. For example see this article by Lawrence Lessing.

      --
      ...richie - It is a good day to code.
    18. Re:So what is this going to do? by UserGoogol · · Score: 1

      Yeah, but WASTE is intended for relatively small groups of trusted users, so it's only good for some purposes.

      Kind of a cool program though.

      --
      "Never attribute to malice that which can be adequately explained by stupidity." -- Hanlon's Razor
    19. Re:So what is this going to do? by cpt+kangarooski · · Score: 1

      So because people are illegally downloading shit they don't own and have no rights to, we should change laws that have been the backbone of music, film, TV, and many other facets of our everyday life? BULLSHIT.

      Firstly, your understanding of copyright's nature is ass-backwards.

      Inherently all creative works are unownable and are freely enjoyed by everyone who's interested. Enjoyment here isn't limited to mere use, but also to reproduction, distribution, derivatives, etc.

      That is to say, naturally, everything is in the public domain. If you have a copy of Shakespeare, you can copy it, perform his plays, alter them, print up and distribute copies, etc.

      Note that this was how the world was since time immemorable through 1710. Oh, there were always problems with officialdom cracking down on licentiousness or sedition or whatnot, but that really had nothing to do with this. That's just censorship.

      Copyrights have been instituted on top of this, temporarily and artificially limiting what we can do with stuff in certain respects, in order to make us better off than we would've been otherwise. It's ironic, no?

      Basically, let us say x works will be created if there are no copyrights. We know x is a positive number because plenty of works were created before copyright first existed (and it wasn't even all that widespread until the 20th century). Since artists may be encouraged to create works due to the existence of copyright, we can say that they will create y works, and that x Prohibition was a failure because it was instituted poorly at a time when organized crime was booming.

      While organized crime certainly did exist prior to Prohibiton, it was Prohibition that gave it an amazing boost. Note, by the way, that organized crime didn't vanish during the Great Depression. In fact it still exists today. It was a fundamentally stupid law and it never would've been a good idea, no matter when it was passed.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    20. Re:So what is this going to do? by black+mariah · · Score: 1

      It is YOUR understanding of copyright that is ass-backwards.

      Copyrights were instituted as a sort of compliment to patents. It gives the inventor of a work a temporary monopoly on what may be done with their work. Copyright has been extended to an unbelieveably long term, this I would agree with.

      I know organized crime existed before Prohibition, but Prohibition at that time was a bad idea. Organized crime would have boomed at that time whether Prohibition had occurred or not, but they did feed off each other rather well.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    21. Re:So what is this going to do? by cpt+kangarooski · · Score: 2, Interesting

      I think there are a few changes we ought to implement:

      1) Copyright has a term of 5 years from first publication (where publication is any form of public accessibility to the work including performance). All types of works other than software (and chip masks, if we continue to allow them here) may be renewed for an additional 5 years, in the last year of their current term. No work can be copyrighted more than 25 years in sum. This is retroactive if possible, possibly on a sliding scale.

      2) Strict formalities are required for all works. Notice, publication, deposit, and registration. Works cannot embody trade secrets, just as is the case with patents. Disclosure must be made so as to allow the meaningful use of the work in any way by later persons. Best edition copies must be deposited with the Library of Congress. Works must be published, i.e. available to the public. EULAs don't qualify. Copyrights must be applied for (a constructive copyright can apply to protect manuscripts et al prior to publication, but only where the author has ultimately copyrighted the work) expressly by the author. A fee is likely required to cover processing costs, the storage of the deposited works, etc.

      3) Use of EULAs, encryption, DRM, etc. in a published work void copyrights and pending causes of action.

      4) The only penalties for infringement are civil, have more modest fines, and can only be brought by the rights holder.

      5) States are totally preempted from the field of copyright and related matters by virtue of the copyright and commerce clauses.

      6) Natural persons acting noncommercially who would otherwise have infringed are not liable. Trading works for like isn't commercial; costs of reproduction, media, etc, are. Commercial P2P is as well.

      7) We abandon all international copyright treaties and agreements -- foreign authors are to be treated identically with domestic authors, but must comply with our formalities, laws, etc.

      8) Architectural works are out, moral rights are out, hulls are out, design copyrights are out, utility and merger doctrines are reemphasized.

      9) MAI v. Peak is legislatively overturned. Volatile copies (rule of thumb: if the decay is equal to or less than that of speech, it's volatile) don't count as fixed.

      Would this agenda result in fewer works being created? Sort of.

      Some works would decline, but note that other works -- derivatives of those that would enter the public domain or where the derivatives are noninfringing per #6 -- would be on the rise! Since during the terms no _commercial_ exploitation of a work could occur legally w/o the rights holder's permission, it's still fairly viable. Their market is a bit less, but still exists.

      More importantly, copyright would no longer be so hostile towards the public, and that is JUST AS IMPORTANT. HAVING WORKS CREATED IS NO GOOD IF WE CAN'T FREELY ENJOY THEM!

      After all, what's the point of encouraging works being created other than that we want to enjoy them, inclusive of copying, distributing, making derivatives, etc.?

      This is what I've come up with, anyway. I'd be greatly interested in what others think of it, or counterpropose.

      N.b. that I _am_ aware of those who don't like rights to be defeasible, but I don't think it would matter in terms of the end results and it's dangerously like moral rights. So I've left it out deliberately.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    22. Re:So what is this going to do? by ALeavitt · · Score: 1

      I agree with you wholeheartedly, but I don't quite agree with the way you've made your point. Before the Act of 1976, people had no trouble complying with the law because it was difficult not to. Then came the widespread acceptance of recordable tapes, which led to tape copying and a recording industry panic. After that, it was recordable CDs and MP3s getting the RIAA up in arms. When the next big thing comes out, you can be sure that the RIAA will oppose giving any control of it to the consumers if it doesn't include any DRM. The problem is that the law was made before there was any concept of copying or distributing data. There was no data wanting to be free, no way to record off of the radio, and no Napster causing falling sales (of cassingles.) The law needs to be rethought and remade, but with the current RIAA stranglehold over the government, I don't expect it to be in favor of file-sharing. Well, I guess I'll always be on the wrong side of the law, but that's what I get for loving music. The days of the government listening to the people are over. The days of the government kowtowing to corporations has just begun.

      --
      This sig has been stolen. Return it to its original user for a reward.
    23. Re:So what is this going to do? by smiff · · Score: 1
      The legislation is focusing on civil suits because
      1. the defendant is not guaranteed legal council in a civil suit. If the defendant can't afford an attorney, she will have to represent herself.
      2. The burdon of proof is considerably lower in civil suits.
    24. Re:So what is this going to do? by scum-e-bag · · Score: 1
      Also just because people are downloading these games and mp3s doesn't mean they dont eventually buy it. I downloaded a game I liked, Alpha Centauri, then *bought* the expansion pack (to get tech support, the manual, and the satisfaction of possession. Many people enjoy *buying* and *owning* something).

      While I didn't get into Alpha-Centauri I did pruchase Civilistation II after having played the downloaded version of Civilisation. Yes I wanted the books and actually to pay for the game that gave me many hours of lost productivity in the form of enjoyment.

      --
      Does it go on forever?
    25. Re:So what is this going to do? by cpt+kangarooski · · Score: 2, Insightful

      Copyrights were instituted as a sort of compliment to patents.

      Well patents have been around since 14th century Venice, IIRC, and the idea's been around even longer than that.

      But the idea was always the same. Both are intended to benefit the public. It's a roundabout way of doing it, but the public is the ultimate beneficiary; it gets people creating or inventing, but lets everyone make use of the works or inventions.

      It gives the inventor of a work a temporary monopoly on what may be done with their work.

      Only to a limited extent.

      But what I'm talking about is WHY WOULD WE DO THAT?

      Give me a good reason for giving an author or inventor any exclusive rights at all with regards to their work or invention.

      Since they don't inherently have that exclusivity, it must be artificially given to them. Why would we do that? I think there is a reason, but you haven't said what it is. It's obvious, though. It's because it benefits us to do so.

      That is, when someone says that they need something from you -- something like the right to exclude you from their work -- the one question you must immediately ask, and which will determine your entire course of action is this: "What's in it for me?"

      Organized crime would have boomed at that time whether Prohibition had occurred or not,

      Well it had little to do with the economy. The 20's didn't boom until quite late, and then not for very long, IIRC.

      It was because criminals deal in the illegal, and the entire country had a great demand for an illegal good.

      Hell, in my hometown there were no mafioso, what with it being a southern backwater, so if you wanted illegal liquor, you called up the Sheriff. He was the one that was selling it. A deputy would deliver your order to your door.

      My point is that people have a particular way of behavior. They'll tend to stick to it. Laws that interfere with this behavior can either be sensible or stupid. Speed limits are widely ignored, but people understand the reason for them, since it's sensible, and grumble but don't object to the entire concept. Prohibition (though welcomed initially) was just stupid. No one liked it and in fact ultimately fought against it.

      When people are fighting a law, and are disrespecting a law, that's bad. But people are highly resistant to having their behavior changed from up on high. The government couldn't force people to think that Prohibition was a good idea again, and so the government lost that battle.

      The prime example of the government succesfully forcing a change in behavior was the civil rights movement and ending segregation. That was a titanic battle with no end of blood and tears and strife.

      I am not prepared to go through that over fucking copyrights. They're not worth it.

      That means scaling back the law so that it's within the realm of what's sensible; the realm where people naturally wouldn't violate it anyway.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    26. Re:So what is this going to do? by anagama · · Score: 1


      Prohibition was a failure because when something most people want is outlawed, most people become outlaws. And because legit businesses can't supply illegal products, prohibitions will always give a boost to illegitimate business enterprises no matter how strong the economy is.

      Laws do eventually bend to the will of the people if those laws visibly impact day to day life in a manner most people see as negative. The frightening laws are the ones that are draconian, but not so draconian that they get elimintated.

      --
      What changed under Obama? Nothing Good
    27. Re:So what is this going to do? by fferreres · · Score: 1

      By the very nature of music and movies, if you steal one of those binary you ...

      1) don't impose additional costs to "manufacturer"
      2) don't restrict their ability to keep on manufacturing the item
      3) don't make is more difficult for others to buy the item

      You see, what happens is that people do not agree with the prices of these autoreplicable goods.

      People are not 100% convinced that absolute rights should be given to any "inventor" (you may, but not everyone agrees).

      Companies want to milk every last penny in their favour (and as movies and music are monopolies by definition), but progress depends on them NOT being able to do that. Progress depends on manufacturing goods (or services) for the lowest posible price, and that's why capitasm's key word is "competition", and not "profit". Profits arise from opportunities in competitive markets, and only THAT profit is benefical for society. Patents, Copyrights and many other instruments of monopoly are not per-se materially benefical to society, and for that reason, they are not efficient.

      --
      unfinished: (adj.)
    28. Re:So what is this going to do? by black+mariah · · Score: 1
      But what I'm talking about is WHY WOULD WE DO THAT? Give me a good reason for giving an author or inventor any exclusive rights at all with regards to their work or invention.

      Let's say I invent something and try to market it. I don't have much money so my marketing sucks. I can't lower my prices because I can't produce enough of my product to make a profit off of quantity. There is nothing that precludes a larger company, most likely one that's already established in my field, from swiping my invention and using it. THAT is why patents were brought around. To protect businesses from competitors for a short time. It gives the inventor enough time to establish themselves and put their product out without fear of someone making a cheaper knockoff. This, I believe, was also the intent of copyrights. That copyrights have become distended abortions of what they once were is a problem, but copyright itself is neccesary.

      Hell, without copyrights the GPL would be completely and totally unenforcable. It relies on copyrights to guarantee that the author of a work retains control of it. Copyrights are not a bad thing, but their current implementation is flawed at best.
      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    29. Re:So what is this going to do? by mdwh2 · · Score: 1

      I'd agree with much of that, but I'd strongly disagree with number 2. Things like copyright application and fees are the sorts of things that businesses can handle as part of their day to day operations, but this would be more of a hassles for individuals, and if they're not likely to make money from their work, they're less likely to want to pay a fee - and if you ask why do they want copyright if they're not going to make money, you're forgetting that copyright has added benefits.

      So this could mean companies profiting from individuals who had not applied for copyright (and indeed, would companies be able to copyright their derivatives?) This could mean companies being able to use those family photos of yours for its advertising campaign, without permission.

      I don't see why you need both #2 *and* #6. If people are allowed to copy non-commercially anyway, why should someone jump through hoops to stop someone else profitting from their work?

      If you must have #2, there needs to be some provision for privacy. It's all very well saying you shouldn't publish works if you want privacy, but this isn't an either/or thing - it's conceivable that I might place photos on my webpage for people to come and look at, but that doesn't mean I want them distributed everywhere by some company.

    30. Re:So what is this going to do? by mirio · · Score: 4, Insightful


      I agree. The solution is not to punish infringement, it is to increasingly legalize infringement so that people's behavior need not significantly change, but they get to stay on the right side of the law.

      I agree completely for but for different reasons. I don't think laws should be ammended/discarded to keep people on the right side of the law. I do believe, however, that people are voting with their actions. People believe that casual, not-for-profit petty copying of copyrighted works should not be a crime. Can you name any other "crime" 30 million US citizens are guilty of? This bill would be...no...IS the ultimate in violation of the oath of public office. These politicians vow to represent the people of their districts and they think that the way to do this is to ignore the will of the people, pay close attention to the wishes of their contributors. The politicans of course know what's better for us than we do.

    31. Re:So what is this going to do? by humanerror · · Score: 1

      I find that this law actually makes a sane and calm attempt to address the problem.

      How, exactly, do you characterize as sane and calm an attempt to grant the draconian, almost Orwellian and arguably unconstitutional powers the DoJ already has been gifted since 9/11 to a special interest consortium, which is to be used against the citizens which are, on paper at least, the lawful masters of both the government and every corporation granted charter by that government?

      --
      "We're an apex predator with the fecundity of a base level herbivore... We're a virus with shoes..." RazorJAK
    32. Re:So what is this going to do? by cpt+kangarooski · · Score: 2, Insightful

      Things like copyright application and fees are the sorts of things that businesses can handle as part of their day to day operations, but this would be more of a hassles for individuals, and if they're not likely to make money from their work, they're less likely to want to pay a fee - and if you ask why do they want copyright if they're not going to make money, you're forgetting that copyright has added benefits.

      Well, while we can of course adopt a sliding scale for fees similar to that in the patent system so that small authors are subsidized somewhat by authors that register a lot of copyrights annually, I think it's still important.

      1) It is a minor formalized hurdle. This prevents people from copyrighting silly things such as their /. posts or creative writing assignments in their schoolwork, but still allows them to copyright works if they desire it. Basically, this weeds out works that the author doesn't think are worth it. And if the author doesn't think it's worth it, would anyone else?

      2) Copyrights really are just about money. Particularly given that per my proposal we'd be allowing a lot of noncommercial uses. AFAICT the only other thing copyrights might be used for is to deny other people the ability to enjoy a work. But by itself, this is spiteful, hence the requirement of publication. Copyright is intended to leave the public better off than they would be otherwise, and ought not be used to lock things up away from people for as long as possible.

      So this could mean companies profiting from individuals who had not applied for copyright

      Which was how things worked from 1710 through 1976, and there were precious few complaints about it. Obviously the author had the first chance to try to profit. He declined. Why should we then obstinately bar someone else from taking the risk?

      You would seem content with letting perfectly viable works accumulate dust and do no good to no one because the author didn't care about getting it out there but perversely wouldn't allow others to do so in his place. That is miserly, greedy, and contrary to the public benefit that copyright seeks to establish. I don't see it as being what we want to have happen at all.

      would companies be able to copyright their derivatives?

      As is the case now, derivatives are only copyrightable to the degree that they are original. A derivative can never prevent someone else from making a different derivative from the same original source.

      You'll have noticed this if you've ever seen those cheap-ass cartoon video tapes for sale which are of the same public domain fairy tales that Disney uses for its own cartoons. The idea is that inattentive parents will buy a non-Disney version of Cinderella by mistake.

      Still, a lot of derivatives are good, and the existence of bad derivatives shouldn't turn us off to the idea in general any more than the existence of bad original works should turn us off to original works in general.

      This could mean companies being able to use those family photos of yours for its advertising campaign, without permission.

      Which would tend to involve rights of publicity, if they're using your persona to sell something. But it isn't a copyright issue. Let's keep different bodies of law seperate, shall we?

      Copyright law is concerned solely with satisfying the public good. There are two ways of doing so -- promoting the creation of new original and derivative works, _and_ having said works be totally free for anyone to do anything with.

      Don't use it for something it isn't meant to do.

      If people are allowed to copy non-commercially anyway, why should someone jump through hoops to stop someone else profitting from their work?

      Because 1) It is important for copies of the work to be preserved by the Library of Congress so that the work isn't lost. I _hate_ when works are lost. Not only are they valuable now, they might be even more valuable in the future.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    33. Re:So what is this going to do? by Anonymous Coward · · Score: 1, Insightful

      And that my friend, is the eve of when hundreds of thousands of us will arm ourselves and fight for our freedom. The corporate noose tightens around our necks; when it becomes unbearable, there will be a revolution and you will be up against the wall right next to the elite trying to turn us into surfs.

    34. Re:So what is this going to do? by cpt+kangarooski · · Score: 1

      Let's say I invent something and try to market it.

      OK. We'll say it's the Ronco Turnip Twaddler.

      I don't have much money so my marketing sucks.

      I sympathize.

      I can't lower my prices because I can't produce enough of my product to make a profit off of quantity.

      Yeah, it's always tough to try to make it up with quantity.

      There is nothing that precludes a larger company, most likely one that's already established in my field, from swiping my invention and using it.

      If you haven't patented it (perhaps because patents don't exist), yes. That's right.

      And not just using it, but making them and selling them to the customers you want to be doing business with.

      THAT is why patents were brought around.

      No.

      As I said before, patents date back to 14th century Venice. Their system was remarkably similar to ours. The idea had been around long before -- the earliest example is a joke that ancient Greeks had been making about other ancient Greeks -- but it was still the same thing.

      The joke was that this one city of ancient Greeks loved good food. They were real gourmands. So, it was said of them, jokingly, they wanted to encourage chefs to make great new dishes that had never before existed. The prize, when this was done, was the right to be the only person allowed to make them for a year.

      That is precisely the idea behind our patent system today, and pretty much all of the ones in the meantime.

      Frankly, while I sympathize with your desire to build a successful business making and selling Turnip Twaddlers, I really don't care that much about _you_. If you make a million dollars, that doesn't really affect me. If you end up lying in the gutter, that doesn't really affect me either, except that I'll have to step over you.

      I don't give a fig whether you are successful or not. And I will not suffer the indignity of a patent -- a burden that _I_ would shoulder -- just to ensure your success. Because I couldn't care less about your personal fortunes. I'm not running a charity around here.

      Nope, I'm looking out for number one. I'm totally self-interested. In fact, so are you, since you seem so hellbent on making money from your invention. Each of us basically just wants what is best for ourselves, wishing no good or ill for others.

      What I _do_ care about is twaddling my turnips. I really want to twaddle 'em but good.

      If you can help me do that, via your invention, THAT will make me start caring about you.

      But only to a limited extent. You see, I am still a self-absorbed guy, just like you. You want to make money selling me turnip twaddlers. I, on the other hand, would prefer to twaddle turnips for free. If I can get away with it, I don't want to pay you.

      This presents us with a bit of an impasse.

      We settle it in the following manner.

      I will encourage people to invent things (which they think are worth inventing -- if there's no market at all, they won't bother) by giving up certain of my rights; specifically my rights to do whatever the hell I please with their invention.

      But since that would leave me in a lousy position, I will only give up those rights to a limited extent, and I will only do so for a limited time.

      In the end, I fully expect to have encouraged people to invent some inventions that I like, and to be free to use 'em.

      And I'm so self interested that I'm only going to do so where this practice of give up, encourage, take back leaves me better off ultimately than if I hadn't done it at all.

      Remember those Greeks? They didn't give a rat's ass about the chefs. They didn't really care if the chefs lived the life of Rileyopolous or not. THE GREEKS WANTED THE RECIPIES.

      The patent was just a sneaky way of getting the chefs to create the recipies and then make them well known so that after the year was up the whole island would be making that stuff.

      Likewise, the patent sys

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    35. Re:So what is this going to do? by black+mariah · · Score: 0, Flamebait

      Are you English or retarded?

      If you wanted to twaddle your turnips you should have got off your lazy ass and invented your own fucking machine before I did. But you didn't, or didn't have the skills, so shut the fuck up and pay up if you want one.

      YOU might not care about my fortunes, but I do you pretentious twit. That's why I've worked my ass off making the best damn turnip thingy ever. I designed it, I built it, why in the naming of flaming fuck should I let some moronic jackass steal my shit and fuck me out of profiting off of my work?

      This is either the dumbest fucking thing I've ever read, or the most successful troll in /. history. I'm torn as to which it is.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    36. Re:So what is this going to do? by maeka · · Score: 1

      Interesting theory, I'm one paranoid MFer and I didn't think of that.

      Good thought.

    37. Re:So what is this going to do? by Anonymous Coward · · Score: 0

      Ok, how about you RTFA, then get back to me.

    38. Re:So what is this going to do? by humanerror · · Score: 1

      Er, I not only RTFA, but others as well...

      http://www.washingtonpost.com/wp-dyn/articles/A2 7801-2004Mar26.html

      The Protecting Intellectual Rights Against Theft and Expropriation Act (PIRATE Act) would let the Justice Department file civil lawsuits against file swappers. Under current law, the department only can prosecute criminal offenses.

      ...

      RIAA President Cary Sherman said the lawsuits are a vital deterrent to online music piracy.

      "When we see the impact our lawsuits have had on the general public's behavior, I can only imagine that a Department of Justice prosecution would have even more of a deterrent impact," Sherman said. "This is a very effective way of giving the government an additional tool to combat piracy."

      --
      "We're an apex predator with the fecundity of a base level herbivore... We're a virus with shoes..." RazorJAK
    39. Re:So what is this going to do? by cpt+kangarooski · · Score: 1

      Are you English or retarded?

      Neither. Why'd you use English as an epithet, anyway? I can't say I've seen it used that way before.

      If you wanted to twaddle your turnips you should have got off your lazy ass and invented your own fucking machine before I did.

      Well, waiting for someone else to solve your problems is an old tradition. At its core, an invention is nothing more than a solution to a problem. If you want to sell your invention to me, doesn't that assume that you're expecting that I -- and others -- have not bothered to solve our own problems, and are instead waiting for someone to do it for us?

      But you didn't, or didn't have the skills, so shut the fuck up and pay up if you want one.

      Why? Seriously, isn't it easier for me to just copy what you did and not pay you? It seems pretty advantageous to me: you've solved my problem, and I can copy it for free, and I'm all set and not out a dime.

      I'm certainly not going to pay unless it would be in my best interests to do so. And it very well might be, at least in the right circumstances.

      why in the naming of flaming fuck should I let some moronic jackass steal my shit and fuck me out of profiting off of my work?

      Ah! Now we get to the heart of the matter.

      In short, it isn't up to you.

      A patent can be thought of as being rather like a negative easement. When you get a patent, it does not give you any rights at all. Not one.

      It does not give you the right to sell your invention, or to use your invention, or anything.

      You may be allowed to do those things, but then again, you might not be. Regardless of whether or not it is patented. For example, if you invent a drug, and that drug isn't approved by the FDA, it is not legal to use it, sell it, or do any damn thing with it, basically.

      You could get a patent on super heroin, which is a hundred times more addictive than the regular kind, but it won't be of much use to you, at least not legally.

      No, what a patent is, is the right to exclude others from doing those things they can otherwise do.

      Think about it.... It is really no different than if you came to my door one day and said to me 'pardon, but I'd like to ask you to not use or sell any Turnip Twaddlers without my permission.'

      If I say yes, if I agree to not do those things -- THAT is basically what a patent is. You can hold me to that promise and stop me if I renege.

      But what if I had said no? I mean, you've already made the damn thing, and you're going to want to sell them. Don't I benefit greatly if I tell you to forget about it? And not being bound by a promise, I can copy your invention at will?

      Hell yes I benefit.

      The only way, basically, that you're ever going to get me to agree to respect your interests; the only way that I will promise not to do the things that you alone want to do, is if that's what it takes to get you to invent in the first place.

      Because I want the invention, without which the freedom isn't terribly useful. But I still won't agree to just anything because the invention without freedom isn't useful either. I can put up with it for a little while, but eventually I want both, and that's the most I'll promise you.

      See -- the big thing you keep forgetting is that we're both exactly the same. You said: I designed it, I built it, why in the naming of flaming fuck should I let some moronic jackass steal my shit and fuck me out of profiting off of my work?

      Well, in response, I say: You designed it, you built it, why in the naming of flaming fuck should I NOT steal my shit and fuck you out of taking my money?

      We are both totally self interested. That doesn't stop us from coming to an agreement that'll satisfy us both, but you have to understand that you're basically in the worse bargaining position.

      All you can do is threaten not to invent it.

      If you already did, there's no reason for me [the public] to giv

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    40. Re:So what is this going to do? by black+mariah · · Score: 1

      Wow. Your entire argument is so fucking stupid that I don't need to reply, it's dumb enough to convey its stupidity by itself. The only reason I'm replying is this...

      Neither. Why'd you use English as an epithet, anyway? I can't say I've seen it used that way before.

      It's from Saturday Night Live. They do a fake Jeopardy sometimes. I think it was the fake Minnie Driver that the fake Alex Trebek said it do. She answered a question rather stupidly and all he said was "Are you English, or retarded?" It's not an epithet, it's a question.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    41. Re:So what is this going to do? by saforrest · · Score: 1

      Wow. Your entire argument is so fucking stupid that I don't need to reply, it's dumb enough to convey its stupidity by itself. The only reason I'm replying is this...

      The guy is making a perfectly reasonable argument about rational self-interest. I see nothing obviously stupid about it.

    42. Re:So what is this going to do? by black+mariah · · Score: 1

      Okay then, tell me exactly what incentive is there to innovate, to develope new ideas, to pour your hard work into doing something when the moment you put your product on the markt you're going to have a half dozen companies many times larger than you come out with the same exact product, copied down to every nut and bolt, and run you out of business? This is somehow a good thing? Please explain, because I seriously don't see the benefit.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    43. Re:So what is this going to do? by Anonymous Coward · · Score: 0

      "Can you name any other "crime" 30 million US citizens are guilty of?"

      No. And it is this one fact which is the crux of the discussion IMO. Restated: if 30 million people (I've heard the figure 50 million) are engaged in an activity, why is it a crime? More disturbingly, it doesn't take too much thought to come to the conclusion that since it criminilises 12.5% of the population then this society can't possibly be a free one, can it?

    44. Re:So what is this going to do? by cpt+kangarooski · · Score: 1

      Well, there are of course still advantages to the first to market, and your invention might not be easily replicable. For example, if you invent a chemical compound and don't disclose what it's made of or how it's made, others may have difficulty replicating it. Historical examples of unpatented recipies include Coca-Cola and the Flaming Homer. Not every invention is a machine, you know.

      Or you might not really care. Many inventors work for large companies. They do the work they're assigned to do, and won't benefit from any patents on their inventions anyway since they've signed away the rights in advance. If the company neglects to patent their invention, well, that's their decision to make. It might be a wise or foolish one, it might be deliberate or accidental. But the availability of patents might not be influencing them.

      Plus of course, you might be altruistic. Salk rejected outright the idea of patenting the Polio vaccine. It was his gift to humanity.

      Nevertheless, I generally agree with you. Without the possibility of a patent (n.b. that you can be motivated by patents but end up not being eligible for one for a variety of reasons) held out as a carrot, you very well might not invent something.

      That is, you're only inventing because you are self-interested.

      If I can understand your motives, why can't you understand that my (the public's) willingness to grant you a patent is ALSO determined by self-interest?

      What incentive do I have to give you a patent unless I feel your invention benefits me? Unless I will retain the ability to ultimately use it freely because your patent will expire? Unless I force you to disclose all the details so that other people can make it and improve it?

      Patents aren't granted to encourage you to create.

      Patents are granted to encourage you to create BUT ALSO to ensure that the invention enters the public domain.

      Because what I (the public) wants are a lot of public domain inventions. Encouraging you is just a way of getting those. I don't actually care about you for your own sake, just as you probably don't care about making me better off for free.

      Both sides -- the inventor and the public -- must each have an incentive to assist the other.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    45. Re:So what is this going to do? by Anonymous Coward · · Score: 0

      Do you know who that "someone" has to be?
      YOU, the people!
      If you need/want help from an Norwegian,I'll be there.

      So, march the streets, make a hell of a fuzz, sue the ass of your so called "president" and other evil corporate monopolists.

      The time is right for an "Armada Of Truth"!!

    46. Re:So what is this going to do? by black+mariah · · Score: 1

      You have no incentive to give me a patent. The public doesn't grant patents, the GOVERMENT does. It is in the goverment's best interest that small businesses flourish. The purpose of a patent is not to help benefit the public. It is to ensure that for a short time the developer has exclusive rights to his own inventions. It has fuckall to do with the public until the time that it expires.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    47. Re:So what is this going to do? by Anonymous Coward · · Score: 0

      You just don't get it, do you?

      The government makes laws based on what's good for the public (or at least, that's what it's supposed to be doing). The government is there to benefit the people.

      Some people are small business owners, some are not. It is NOT within the public's (and therefore the gov't) interest to get screwed over because some people are greedy.

      If the sole purpose of the patent was to benefit only the patent owner, then don't you think the patent would have no expiry date? Why expire it at all? Reason: so that the public can benefit from the work once the inventor has had their window to benefit from it.

      But, given your past response history in these threads, I am probably wasting my time explaining this to you. You seem incapable of looking at anything outside your narrow viewpoint.

    48. Re:So what is this going to do? by sholden · · Score: 1

      Can you name any other "crime" 30 million US citizens are guilty of?

      The consumption of illicit drugs?

      Under age drinking (well supply of alcohol to an under age person)?

      Supplying cigarettes to minors?

      Tax avoidance?

    49. Re:So what is this going to do? by Anonymous Coward · · Score: 0

      http://caselaw.lp.findlaw.com/data/constitution/ar ticle01/39.html#3 says it well.

    50. Re:So what is this going to do? by crabpeople · · Score: 1

      And so we go, on with our lives
      We know the truth, but prefer lies
      Lies are simple, simple is bliss

      Untill they give us, the judas kiss.

      --
      I'll just use my special getting high powers one more time...
    51. Re:So what is this going to do? by innerlimit · · Score: 1

      ow for sure... and it is considered normal to have a doofus running the country who was convicted of drunk driving (sure, killing someone isn't as serious a downloading the latest titney spears blurt) and probably is a felon himself (and a drunk to boot)

      get your head out of your asses and do something about it!

    52. Re:So what is this going to do? by Anonymous Coward · · Score: 0

      "The solution is not to punish infringement, it is to increasingly legalize infringement so that people's behavior need not significantly change"

      So, if car-jacking,rape or murder become popular enough, they should become legal?

      "It's a lot like prohibition"

      No, it isn't. Alcohol has been a part of human culture for millenia, P2P is a few years old, and actually goes against the tradition of rewarding people for their work.

      "...it gave a big boost to organized crime and fostered disrespect for the law."

      Enforcing (or strengthening) existing copyright laws are not going to give a boost to organized crime (unless you consider the RIAA and every independent musician criminals, but that's another issue).

      "There was little large scale infringement prior to the 1976 Act in no small part due to the fact that people didn't have a problem with complying with the law"

      Utter bullshit. Large scale infringement only picked up with P2P (>20 years after 1976, you might notice) because it became cheap and convenient. Back then, everybody had personal mix tapes (which are protected under fair use), but you had to buy the cassettes and spend time recording to them. Now, anyone connected to the internet can distribute works, for virually no cost whatsoever.

      "Our laws today are so awful that of course no one obeys them."

      Wrong again, its not that the laws are awful, its just that disobeying them is trivially easy, compared to even 10 years ago, and everyone is happy to get something for nothing.

      Sure, the RIAA is greedy. But so is everyone who wants free entertainment. The side with the greatest influence will win, because neither has a moral advantage.

    53. Re:So what is this going to do? by Anonymous Coward · · Score: 0

      "People believe that casual, not-for-profit petty copying of copyrighted works should not be a crime."

      When everyone starts doing it, it becomes a problem. Already the RIAA is acknowledging that the EP is a dying format (due partially to the high relative cost per song of EPs, but largely due to filesharing. Why buy a cow when you can get the milk for free?).

      "Can you name any other "crime" 30 million US citizens are guilty of?"

      Easy: illegal parking. Hey everyone does it, why should it be a crime? Why should YOU have to walk an extra block, just because some fireman might need to get to a hydrant to put out a fire to save someone else's life? Laws are there to prevent harm. If 30 million people are using P2P rather than file sharing, at 1 CD per person (conservatively) that makes $600 million in lost sales. That isn't a trivial amount of money.

      "This bill would be...no...IS the ultimate in violation of the oath of public office."

      Ah, yes, the will'o'the people; which people precisely? The people who stand to benefit from exploiting the efforts of others through P2P, or those being exploited (by this, I refer to the actual artists, not the RIAA)? If laws were always framed according to the majority's wishes, there would still be seperate seating areas on buses for negros.

      "The politicans of course know what's better for us than we do."

      You got the govenment you voted for - that's pretty clear evidence that the US electorate DOESN'T know what is good for it.

      Put whatever political spin on it you like, this is about your ability to get something for nothing. Making this into a political issue is just a smoke screen to cover the inherent greed of copying over P2P (it isn't sharing, its copying, plain and simple). You are just as greedy as the RIAA.

    54. Re:So what is this going to do? by JimDabell · · Score: 1

      But if the cornerstone of the p2p problem is that people are distributing content for free, how exactly are we going to change the laws so that there remains some notion of copyright so that it's still vaible to produce music/movies/games?

      Return copyright to sane terms, like a decade or two. How many albums/films/games really need a copyright duration of over ten years to become profitable? How many people would choose to download and share legal ten-year-old works rather than break the law with more recent works?

    55. Re:So what is this going to do? by Anonymous Coward · · Score: 0

      >Can you name any other "crime" 30 million US >citizens are guilty of?

      It's called smoking weed.

    56. Re:So what is this going to do? by ymgve · · Score: 1

      When everyone starts doing it, it becomes a problem. Already the RIAA is acknowledging that the EP is a dying format (due partially to the high relative cost per song of EPs, but largely due to filesharing. Why buy a cow when you can get the milk for free?).

      EPs should die. Really. They are little more than a commercial for the band you have to pay for, and pay way too much at that. You said it best yourself - why buy a cow? Nobody buys cows, we buy milk bottles.

      Easy: illegal parking. Hey everyone does it, why should it be a crime? Why should YOU have to walk an extra block, just because some fireman might need to get to a hydrant to put out a fire to save someone else's life? Laws are there to prevent harm. If 30 million people are using P2P rather than file sharing, at 1 CD per person (conservatively) that makes $600 million in lost sales. That isn't a trivial amount of money.

      First, there's one rather big difference between parking spaces and copyrighted works. Parking spaces are a limited resource. That is, if you park somewhere, nobody else can park in that spot. In contrast, if you copy an mp3, you don't take that song away from somebody else. Also, if P2P hadn't existed, do you really believe that each and every one of the 30 million users would buy one or more addidional CDs? I know I wouldn't. Then again, that's because I feel I get much more value for my money through DVDs, and even then I try to buy them at discount prices.

      Ah, yes, the will'o'the people; which people precisely? The people who stand to benefit from exploiting the efforts of others through P2P, or those being exploited (by this, I refer to the actual artists, not the RIAA)? If laws were always framed according to the majority's wishes, there would still be seperate seating areas on buses for negros.

      The people who stand to benefit from exploiting the efforts of others ARE the RIAA. Why don't we see senators pushing laws that guarantee poor, starving artists a minimum percentage of CD sale incomes? That would do much more for the artists that any p2p fine would ever do. (Because seriously, exactly how much of those fines do you think would go to the artist that has been infringed?)

      Put whatever political spin on it you like, this is about your ability to get something for nothing. Making this into a political issue is just a smoke screen to cover the inherent greed of copying over P2P (it isn't sharing, its copying, plain and simple). You are just as greedy as the RIAA.

      Why can't it both be about a political issue AND about our greed?

      For example, most people would be happy if they could pay no taxes. So what should the government do to please people? If they employed RIAA tactics, they would first increase taxes, to make up for the loss from tax evaders, then they would also make tax evasion, no matter how small, a $100 000 offense, and throw due process in the gutter while they're at it.
      The alternative, however, would be for the government to reduce taxes, even just a slight bit, in order to please people.

      This would be helpful for the RIAA too - reduce the cost of CDs by as little as two to four dollars. I think a move like that would increase record sales way more than any p2p warfare ever could.

    57. Re:So what is this going to do? by mdwh2 · · Score: 1

      And if the author doesn't think it's worth it, would anyone else?

      Well I don't see that that follows..

      Which would tend to involve rights of publicity, if they're using your persona to sell something. But it isn't a copyright issue. Let's keep different bodies of law seperate, shall we?

      Well that was the main point of my post. At the moment, I imagine the main way to prevent this would be copyright (consider if someone takes a photo of you - *they* then own the copyright, and there's not much you can do about it).

      Introduce some new law to combat this, and I'd be in full agreement (and indeed, I agree that some sort of privacy laws would be a better suited tool than copyright laws), but your post missed this issue.

      As for profiting, I have nothing against the idea of people profiting as such. But one of the main problems I have with existing copyright is that often people who profit aren't the original creators, which is why I'd be uneasy with any alternative that still has this flaws.

      That is, if you go on holiday and take some holiday snaps (nudge, nudge), you probably would have done so even if copyright didn't exist.

      Yes, but either way I'd be furious if The Sun or some other paper decided to publish them. By all means, bring in new laws to protect that, but it needs a mention in your set of copyright replacements IMO.

      And if you don't understand why such an event is a problem just because "you have no desire to make money off them", then I guess we simply have different point of views here;)

      There's more to the world than money; some people care about other issues. And even though my web page may be entirely public, there is a huge difference between that, and page 3 of the national newspaper.

      Of course, I'd be free to simply keep my webpage entirely private or passworded for trusted friends, but then that means there's less information being made available for free.

    58. Re:So what is this going to do? by cpt+kangarooski · · Score: 2, Insightful

      At the moment, I imagine the main way to prevent this would be copyright (consider if someone takes a photo of you - *they* then own the copyright, and there's not much you can do about it).

      No, if someone's taking photos of you so as to use your likeness commercially, that's a matter of publicity law _now_. Even if they took the photo.

      Copyright would only be at most a half-assed substitute when you're talking about either a) photos that don't use your likeness, or b) that don't use it in a commercial sense, e.g. for news reporting, and in both cases where you took the photo, not them. And note that there is a matter of posession. How did others come to have copies of a work under your control in the first place? It isn't as though you're required to give away copies of p.d. works. And would copyright have worked? Something like news reporting is more prone to be fair use, you know.

      often people who profit aren't the original creators

      There's little to be done about that. The reason that happens today is because either the creators make the work subject to the work for hire provisions of the law, which are hardly a secret, or have signed assignment contracts (perhaps in advance) where they give up their rights in exchange for something.

      It's not as though they didn't know what they were doing. They apparently profited enough to get them to give up their rights to someone else. Who are we to judge that that wasn't fair?

      I can see requiring some formalities in the assignment contract or work for hire employment, etc. so that all parties know about this in advance, but I see little point in preventing it.

      I'd be furious if The Sun or some other paper decided to publish them

      But I just don't see why. Your failure to copyright them indicates that you didn't care about commercially exploiting them. If someone else is willing to take that chance, what's wrong about it?

      Remember, copyright is publicly oriented, not privately. Copyright seeks to have works created, published, and freely available for the world to use in any way whatsoever. It's not something that's intended to help keep works locked up and hidden. That's totally contrary to its aims. See for example, deposit requirements to ensure that the work won't be lost to the public.

      And even though my web page may be entirely public, there is a huge difference between that, and page 3 of the national newspaper.

      Well, if you mean that sort of page 3, again remember that pictures of people -- regardless of who takes them -- may be subject to publicity rights.

      If that's the sort of thing you're aiming to protect, that's fine, but don't try to stuff it into copyright is all. Develop a different regime that's better suited to your aims.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    59. Re:So what is this going to do? by cpt+kangarooski · · Score: 1

      The public doesn't grant patents, the GOVERMENT does.

      Well, remember that the government's sole source of authority and legitimacy spring directly from the people. It is the people who have empowered the government to grant patents in the first place, just as we had to empower it to do anything else it was going to do.

      It has fuckall to do with the public until the time that it expires.

      Well, it is obviously not in the best interests of business to have patents expire. All businesses aspire to permanent, profitable monopolies.

      Why would it expire if not for a concern for the public good?

      I still think you ought to be reading that Isaac McPherson letter. It'll help you out. Otherwise I'll have to dip into my quote file wherein founding fathers, Congress, and the courts, all talk about how copyrights (and patents) exist to help the public. And finding that file is a PITA right now, so I don't really want to have to do it.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    60. Re:So what is this going to do? by Yartrebo · · Score: 1

      Sounds very good.

      I do have one extra condition that I'd like to add though:

      10 - Trademarks that are incorporated into a work, even if it has not been copyrighted, cannot be used to restrict said work. Any derivatives made from said work will enjoy the same exemption, so long as the trademark in question is used for something beyond linking the original work to the mark holder or it is made clear that the trademark holder is not affiliated with the derivative.

      This addresses the problem of corporations using trademark law to stop otherwise legal copying and derivatives of works, even once they have entered the public domain.

      This means that trademarks over characters and titles cannot be used to lock up a public domain work or prevent non-commercial use of a copyrighted work.

    61. Re:So what is this going to do? by cpt+kangarooski · · Score: 1

      Well, I think this follows anyway. It's just not something that comes up a lot AFAICT. There was a case though... Comedy III Productions v. Miramax, I think it was. It's worth a read.

      Still, this is a good point, and one that I'm aware of. I myself plan to -- in the next couple of years -- bring a suit for a declaratory judgment along these lines to try to clear up the law. I have no objection to trademarks being related to works so long as they don't bar derivative works -- Peter Pan bus lines or peanut butter don't impair my ability to make a movie or a play or a book or whatever. That is, it's okay to enforce a trademark so as to prevent customer confusion, but not so as to in effect have overlap with copyrights.

      I am aware of one good example though, and that's the one my suit will be about.... at least when I can afford it and have the time to dedicate to it.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    62. Re:So what is this going to do? by mdwh2 · · Score: 1

      No, if someone's taking photos of you so as to use your likeness commercially, that's a matter of publicity law _now_. Even if they took the photo.

      Not if it was in public.

      But I just don't see why. Your failure to copyright them indicates that you didn't care about commercially exploiting them. If someone else is willing to take that chance, what's wrong about it?

      I don't think you're getting it: There's more to life than money.

      It's nothing to do with money.

      It's not something that's intended to help keep works locked up and hidden.

      I think the 5 year limit more than takes care of this. I'm not suggesting that people's right to privacy should be so severe that future historians can't look upon things such diaries without breaking copyrights (as would currently be the case, I presume - eg, Anne Frank), I'm talking within this short time period.

      but don't try to stuff it into copyright is all.

      I'm not trying to "stuff it into copyright", I'm pointing out that (rightly or wrongly), it's already stuffed into copyright, so if you're going to pull it out, you need to put it in another law rather than just chuck it away.

    63. Re:So what is this going to do? by cpt+kangarooski · · Score: 1

      Not if it was in public.

      Even if it was in public -- so long as they're using your likeness to sell something.

      We're not talking about news reporting, or incidental, inconsequential uses, though.

      There's more to life than money.

      Of course. But copyright is a lot more limited.

      I think the 5 year limit more than takes care of this.

      Absolutely not. If you grant copyright and don't mandate publication, you have just given away protections without getting anything back in return.

      Given that uncopyrighted works are, by definition, going to be created even if there were no copyright, and no incentive to do so, there is no reason to reward those authors.

      Copyright is what we use to stimulate the creation of that which otherwise would not be.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    64. Re:So what is this going to do? by cpt+kangarooski · · Score: 1

      So, if car-jacking,rape or murder become popular enough, they should become legal?

      Do you think that's likely to happen anytime soon?

      P2P is a few years old, and actually goes against the tradition of rewarding people for their work.

      Copying works is millennia old. I'm not married to P2P as a mechanism for it -- I honestly don't care what mechanism is used. But copyrights only date back a few centuries. Seriously oppressive copyrights only a few decades.

      And incidentally, there is no tradition of rewarding people for their work. Copyright is intended to promote the public good, not to reward authors. If authors do benefit, it's purely incidental; a means to an end, not an end in and of itself.

      This is fairly evident if you look at the changes in the law over time. For the first century or so, we didn't even give copyrights to non-American authors. After all, why should Americans reward foreigners, it was thought. It didn't leave us any better off.

      Enforcing (or strengthening) existing copyright laws are not going to give a boost to organized crime (unless you consider the RIAA and every independent musician criminals, but that's another issue).

      I think that it will, though organized criminals will be of a distinctly geekier sort. I seem to recall an sf short story just recently about people setting up non-DRMed wireless networks in the US against the law. If you poke around you could probably find it.

      Anyway, who cares about organized crime? I don't like the idea of making criminals out of millions of ordinary, everyday Americans. Especially when they are otherwise quite law-abiding. It indicates that copyright has gone too far.

      Large scale infringement only picked up with P2P (>20 years after 1976, you might notice) because it became cheap and convenient.

      You don't understand how broad copyright is. When a little kid plays with his Star Wars action figures he is, but _perhaps_ for fair use, a copyright infringer. Check out that case with the Teddy Ruxpin dolls.

      Back then, everybody had personal mix tapes (which are protected under fair use), but you had to buy the cassettes and spend time recording to them.

      Incidentally, they are not necessarily fair use. Fair use has to reconsidered each and every time. There are no categorical fair uses; only a test to see if a particular use is fair, under the circumstances. In fact, currently, it's generally illegal, and only the thin shield of the AHRA protects home taping (which is still illegal, just not actionable).

      Besides -- technology is, and always has been, on the side of the publisher. Most infringers cannot manage to reproduce or distribute works as efficiently as the publisher can, due to economies of scale. In 1710, any idiot could copy out a book longhand and infringe copyrights, but publishers at least had presses.

      There is nothing stopping publishers from using up-to-date techniques like P2P to reduce their costs.

      Technology isn't a boogeyman. It does result in _some_ shifts in what the public accepts, but more due to the fact that they never had the opportunity before. And remember that copyright interests hated sound recordings, photography, xeroxes, computers, home taping equipment, VCRs, etc. They are the living embodiment of hidebound paranoids.

      Sure, the RIAA is greedy. But so is everyone who wants free entertainment. The side with the greatest influence will win, because neither has a moral advantage.

      I agree that both are greedy. That's fine, that's okay. I don't object to that. And I agree that copyright is a totally amoral field, so neither side has a moral advantage.

      That said, it is imperative that the public win, since copyright is intended to serve them. Not copyright holders. That would be like making a farmer take orders from animals.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    65. Re:So what is this going to do? by Anonymous Coward · · Score: 0

      Can you name any other "crime" 30 million US citizens are guilty of?

      How about speeding? Unfortunately, the fines for speeding are signifigantly less than the fines for copyright infringement.

    66. Re:So what is this going to do? by Anonymous Coward · · Score: 0
      It is in the goverment's best interest that small businesses flourish.
      Increasing your profit for its own sake is not a Constitutionally valid reason for Congress to grant a patent. If I could get a law passed saying that everyone else must personally pay me $10 a day to go on breathing, it would certainly increase my fortunes, but that would not in and of itself give Congress the authority to pass such a law.
      The purpose of a patent is not to help benefit the public.
      Yes. It is. In fact, that's the ONLY reason that passes Constitutional muster. If it is known that granting patents will not benefit the public (or worse, will harm the public), then the Congress has no authority to grant them at all.
      It is to ensure that for a short time the developer has exclusive rights to his own inventions.
      Now you're claiming that the mechanism of monopoly is also a justification for monopoly. That's not the way that it works.
    67. Re:So what is this going to do? by mirio · · Score: 1

      It's called smoking weed.

      Which is precisely why it shouldn't be a crime either.

  6. This needs to get nipped in the bud NOW by Djarum · · Score: 0

    Sweet jesus, they just won't stop until all of our rights are taken away and the US government controls the internet and the rest of the world.

  7. Oh good... by Quaoar · · Score: 4, Insightful

    So now the prison system will be keeping DANGEROUS FILE SHARERS off the streets, while at the same time Los Angeles is releasing thousands of prisoners early becuase of a lack of funding. I'm sure glad that John Q. Empeethree won't be hassling our celebrities anymore! Whew!

    --
    I'll form my OWN solar system! With blackjack! And hookers!
    1. Re:Oh good... by ziggy_zero · · Score: 1

      Yeah, but they're releasing (according to Arnold) non-violent criminals only. We're talking potheads that got busted after getting pulled over or something. And they'll still be on probation after they're released of course.

      This whole mess is still silly, but not that silly. Murderers aren't being let free to make room for file-sharers.

      --
      I belong to the ______ generation.
    2. Re:Oh good... by KD5YPT · · Score: 1

      By the way this is going, they should levy a prison tax on large corporation and STOP TAKING MONEY FROM COMMON PEOPLE TO JAIL THEMSELVES!

      Hm... come to think about, we're literally paying our way to be in jail.

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
    3. Re:Oh good... by Chris+Carollo · · Score: 1
      So now the prison system will be keeping DANGEROUS FILE SHARERS off the streets, while at the same time Los Angeles is releasing thousands of prisoners early becuase of a lack of funding
      It's all civil (monetary) penalties. There's no jailtime involved.
  8. Ways around this by CyborgWarrior · · Score: 1, Troll

    Just put a clause in the Kazaa EULA that says that the person using the program or the network is not associated with or working for the Recording Industry and that any information that is gathered from the Kazaa network is to be kept confidential. I'm not a lawyer, but it sounds feasible to me...

    --
    If you can't say something nice, make sure you have something heavy to throw.
    1. Re:Ways around this by DRUNK_BEAR · · Score: 3, Insightful

      Hello, this is your wake up call to reality. Do you really think a clause will stop law enforcement from finding criminals? Then commit a crime and put a clause on your doorstep that no law enforcement is to enter your home. Stay inside your home and get someone to do your stuff for you (groceries, etc). You should then be able to get away with free crimes!! Right???

      --
      DrkBr
    2. Re:Ways around this by mroch · · Score: 1

      The RIAA would just funnel money into other RIAA-friendly, info-gathering, lawsuit-filing organizations in less obvious ways than hiring them, like Microsoft did for SCO.

      Also, what is the penalty for violating the EULA? I can't imagine that it is more severe than the proposed penalties under the PIRATE Act. And finally, is evidence gathered in violation of an EULA (illegally?) admisible in court?

      Obviously, IANAL.

    3. Re:Ways around this by Anonymous Coward · · Score: 0

      "Do you really think a clause will stop law enforcement from finding criminals?"

      Well, then let's change the copyright rules and length so these people are no longer 'criminals'. It also has the benefit of allowing stupid morons who scream 'criminal!' a way out who do not understand that legality and morality are seperate things.

    4. Re:Ways around this by nertz_oi · · Score: 5, Informative

      are you joking?

      read this please.

    5. Re:Ways around this by mroch · · Score: 2, Interesting

      Hello, this is your wake up call to reality. The RIAA is NOT law enforcement! Obviously, Kazaa cannot keep the POLICE from conducting an investigation through their EULA, but they have every right to keep certain private individuals from using their products. If the RIAA can't use Kazaa, they can't find IPs (unless they use other software, which violates the Kazaa EULA too [read: Kazaa Lite]), they can't file John Doe lawsuits and subpoena contact information.

    6. Re:Ways around this by Minna+Kirai · · Score: 1

      Just put a clause in the Kazaa EULA

      The only thing that might accomplish is finally getting EULAs declared invalid.

    7. Re:Ways around this by DRUNK_BEAR · · Score: 1

      So following your logic, I can copy your intellectual property, sell it on my website as long as I put a disclamer that you or anyone related to you have no right on my website and cannot use any information that you see there for legal preceedings and then I can get away with it? Wow, that's a different way to see the laws on IP! I think I'll start that right now!

      --
      DrkBr
  9. Does anybody else remember... by Anonymous Coward · · Score: 0

    when bills weren't all named with almost-witty acronyms?

  10. Same coin, different sides by aynrandfan · · Score: 5, Insightful

    This is from Hatch's own site . . .

    - Sen. Orrin G. Hatch (R-Utah), Chairman of the Senate Judiciary Committee, today joined Ranking Democrat Patrick Leahy (D-Vermont) in introducing the "Protecting Intellectual Rights Against Theft and Expropriation Act" (the "PIRATE Act") to allow the Department of Justice to exercise its existing enforcement powers through a civil, rather than criminal, enforcement proceeding.

    Does anyone need more proof that the Republicans and Dems have become just two sides of the same coin? After this, I don't trust them to do much of anything right. *sigh*

    --

    ----

    "Ours was a free culture. It is becoming much less so."-Lawrence Lessig

    1. Re:Same coin, different sides by tomstdenis · · Score: 1

      The fact you thought there were two "sides" of the coin to begin with is just troubling on its own.

      Last I checked the only premier of Ontario to not totally lie through their teeth and misappropriate money to their friendly "sponsors" was almost thrown out for doing what they promised to [Mike Harris if you're wondering...].

      A good voter knows their vote doesn't count but uses the vote as an excuse to duck out of work earlier....

      So stop being such a pansy and play along

      Tom ;-)

      --
      Someday, I'll have a real sig.
    2. Re:Same coin, different sides by Anonymous Coward · · Score: 0

      much of anything right.

      Or left, for that matter.

    3. Re:Same coin, different sides by srussell · · Score: 1
      Remember, Democrats were involved in the censorship wars in the 80's. The leader of the PMRC, the major force in media censorship, was Tipper Gore, the wife of the future vice president, Al Gore. These were the folks trying to censor recording artists in the 80's. Joe Lieberman started the "games cause violence" hysteria, and who late last decade tried to re-introduce Mcarthyism by dragging the heads of media studios to DC to justify the movies, music, and games they are producing.

      The media has forgotten, or has chosen not to comment on the fact, that this is exactly how Joseph McCarthy started the witch-hunts in the 50's.

      The Democrats don't have a sterling record, but it isn't as uniformly black as the Republican's, lately. If you value freedom of people (as opposed to freedom of corporations), the Democratic party is still your best bet.

    4. Re:Same coin, different sides by Anonymous Coward · · Score: 0

      hahahahahhahahahahahaha

      If you want real freedom, the Democrats are just as bad.

      Libertarian, now that might be a better choice.

    5. Re:Same coin, different sides by smack_attack · · Score: 1

      From Gary Nolan's (L) recent FoxNews Interview:

      ASMAN:
      Let me just stop you right there. You are here to
      say that the first thing you do as president is eliminate the IRS?

      NOLAN:
      No. I didnt say that, David, what I said is we have to reduce the size of the federal government and reduce spending and get rid of the IRS

      ASMAN:
      So you would eliminate the IRS?

      NOLAN:
      Eventually, yes, absolutely.

    6. Re:Same coin, different sides by LordK3nn3th · · Score: 1

      Why Democratic party? There is, for example, the Libertarian party-- which values freedom of the people far more than either of the "big two".

      --

      ---
      Never criticize religion on Slashdot. You will be modded down for "Troll" no matter how factual it is.
    7. Re:Same coin, different sides by Brendor · · Score: 1
      Does anyone need more proof that the Republicans and Dems have become just two sides of the same coin?

      I do. The Related Links slashbox has a link (and a previous slashdotter has this one) that portray him as more interested in Technology than the average **AA pawn that chases 12 year old downloaders with reckless abandon.

      As the article mentions, this bill is aimed at people sharing 2,500 or more pieces of content," or "distributes content that hasn't been released in wide distribution .

      I was also encouraged by the remarks on Leahy's site. Under current law, the Attorney General can only bring criminal copyright cases, which can be difficult to prosecute because, . . . The Leahy-Hatch bill would allow the Attorney General to file civil claims that could include damages and restitution without criminal penalties.

      Seems like this is a good thing - taking the jail sentance out of p2p cases that don't warrant them.

      I am from Vermont, and thus am biased towards the only Democrat elected by that state ever, but a glance at his Current Legislation doesn't give me reason to change that yet.

    8. Re:Same coin, different sides by The+Monster · · Score: 2, Insightful
      Republicans and Dems have become just two sides of the same coin
      They've been that way for a while. Fundamentally, they're both in the business of FUDding their core constituencies about the other party's core constituencies, making them so afraid of the 'bad guys' that they have to vote for the 'good guys'.

      Philosophically, they enable each other. They want to separate liberty from responsibility.

      • Democrats/liberals want people to have freedom in the bedroom, but share the costs of the exercise of that freedom.
      • Republicans/conservatives want people to have freedom in the boardroom, but share the costs of the exercise of that freedom.
        [Lewis Black puts it humorously: Republicans want me to make money, but won't let me spend it on drugs and hookers, so what's the point?]
      Then the other side claims the cost of freedom is too high, and uses that as an excuse to clamp down on it. The end result is that we end up with less freedom, and the costs of exercising what we have left are diffused throughout the nation, so we get to pay the price for other people's vices instead of our own, without even getting to experience the pleasures.
      --

      [100% ISO 646 Compliant]
      SVM, ERGO MONSTRO.

    9. Re:Same coin, different sides by Anonymous Coward · · Score: 0
      Last I checked the only premier of Ontario to not totally lie through their teeth and misappropriate money to their friendly "sponsors" was almost thrown out for doing what they promised to [Mike Harris if you're wondering...].

      Riiiiight. Clean as a whistle.

    10. Re:Same coin, different sides by Almond+Tree · · Score: 0

      So do ALL the jerks and morons come from Utah, or is it just a coincidence?

      --

      bau bau chicka chicka mau mau

    11. Re:Same coin, different sides by Killio · · Score: 1

      Perhaps you are completely unaware of how our government works, but most (all?) bills are introduced into the Senate by members of both parties.

    12. Re:Same coin, different sides by r2vf · · Score: 1

      Sen. Orrin G. Hatch (R-Utah), Chairman of the Senate Judiciary Committee, today joined Ranking Democrat Patrick Leahy (D-Vermont)

      [...]

      Does anyone need more proof that the Republicans and Dems have become just two sides of the same coin? After this, I don't trust them to do much of anything right. *sigh*

      Not really. Its really not uncommon at all for a bill's sponsors to be of different parties, as it creates a token perception that the content lies in the mainstream. I wouldn't put too much in this; you can always find some common ground between arbitrary members of opposing parties.

    13. Re:Same coin, different sides by srussell · · Score: 1
      But the Libertarians also support eliminating Government oversight of businesses. I trust the Government ->this<- much more than big business, because at least I have a tiny say in what Government does.

      Big business is perpetual -- there are no limitations on terms of service, so if you get a Darl McBride in a corporation, he's embedded like a tick and just as hard to remove. Governement, at least, switches administrations occasionally.

      Big business, as a group, has a very poor record of being conscious of anything but profit -- there are very few publically traded businesses who, I believe, would take any measures to protect the environment were it not for EPA laws.

      Government isn't benevolent, but I give a pseudo-democratic one like ours better odds of attempting to serve the people. In fact, you can trace the cause of most of the cases where goverment fails to serve the people directly to involvement by big business. How would reducing government oversight of big business help this? If anything, it would exacerbate the problem.

      My main disagreement with Libertarianism is that it supposes that class-action lawsuits can replace things like the EPA -- as if we don't have enough litigation in this country already. Case in point: Remember the Firestone fiasco a couple of years back? It was revealed that Firestone had determined that it was less expensive to pay off potential lawsuits due to manufacturing flaws than it was to fix the flaws and recall the tires. Litigation is not the answer.

  11. Couldn't help but notice... by Faust7 · · Score: 4, Insightful

    Tens of thousands of continuing civil enforcement actions might be needed to generate the necessary deterrence.

    I'll be damned if that doesn't sound just a bit like SCO.

    1. Re:Couldn't help but notice... by KD5YPT · · Score: 1

      That doesn't seems to stop drugs.

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
    2. Re:Couldn't help but notice... by Kethinov · · Score: 1
      Tens of thousands of continuing civil enforcement actions might be needed to generate the necessary deterrence.
      I'll be damned if that doesn't sound just a bit like SCO.
      Or a fascist-like state attempting to force the people to obey an unfair law.
      --
      You're right, I wouldn't steal a car. But if it were possible, I sure as hell would download one!
  12. Something shorter? by LionKimbro · · Score: 4, Funny

    ...you mean, like...

    ALL YOUR BASE ARE BELONG TO US! ..?

    You mean something like that?

  13. Patrick Leahy?!? by Anonymous Coward · · Score: 0

    Not Senator Leahy! Oh man, this is truly a dark day. He was one of the few decent holdouts against the right-wing estalishment, and the only congress critter that I ever wrote a letter just to thank him for being cool to. Hopes... shattered...

    1. Re:Patrick Leahy?!? by MacDork · · Score: 1

      I second that AC. It's like an old friend just died :-(

    2. Re:Patrick Leahy?!? by RafeDawg · · Score: 1
      I third it, and he's my senator to boot! An angry letter from a pissed constituent will be forthcoming .

      --
      ------- Was it just a coincidence I got moderator points the first time I logged on to /. from linux?
    3. Re:Patrick Leahy?!? by Anonymous Coward · · Score: 0

      Leahy's involvement doesn't actually surprise me much. One of his relatives is a friend .. I don't feel that I can repeat what I've heard, but I didn't get a very good impression of the Senator, on either a personal or a political level.

      FWIW

  14. Good Thing DVD's are less than $30 each by PaK_Phoenix · · Score: 3, Interesting

    The fact that they sell the 'intellectual property' in question for far less than $10000, could go quite a ways toward minimizing the worth of said content.

    --
    This space intentionally left blank.
    1. Re:Good Thing DVD's are less than $30 each by gilmet · · Score: 3, Insightful

      True, but they'll make the case that you made it available for 493,563,221 downloads for a total intellectual property value of $10,000,000,000 or so.

      --

      Every time you read this, I am going against my principles.
    2. Re:Good Thing DVD's are less than $30 each by Anonymous Coward · · Score: 0

      IANAL, but you can't use that CD to broadcast on the radio or to a large crowd (legally, anyway). That $10000 might be more realistic than you'd think.

    3. Re:Good Thing DVD's are less than $30 each by KD5YPT · · Score: 1

      Although the real question would be, since according to the law of supply and demand, a low cost (free of internet) would drive the demand (downloads) disporportionally large. So the real question is, out of those 500 million downloaders, how many will actually be compelled to buy the CD, and how many actually already have the CD but are just too lazy to get good CD-ripping softwares?

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
    4. Re:Good Thing DVD's are less than $30 each by gilmet · · Score: 2, Insightful

      Thanks, I was just about to say something about that. Can someone remind me again why we impose scarcity on something that is inherently not scarce??

      --

      Every time you read this, I am going against my principles.
    5. Re:Good Thing DVD's are less than $30 each by Anonymous Coward · · Score: 0

      umm. so someone can over-charge for it! there, we're getting the hang of it..

    6. Re:Good Thing DVD's are less than $30 each by tepples · · Score: 1

      Can someone remind me again why we impose scarcity on something that is inherently not scarce??

      Ultimately, "to promote the Progress of Science and useful Arts." However, the Supreme Court has ruled in Eldred v. Ashcroft that the U.S. Constitution permits Congress to pass laws that produce the exact opposite effect of the stated purpose of the Copyright Clause.

    7. Re:Good Thing DVD's are less than $30 each by scum-e-bag · · Score: 1

      Profit.

      --
      Does it go on forever?
    8. Re:Good Thing DVD's are less than $30 each by Stray7Xi · · Score: 1

      IANAL But as I understand it you can't collect damages multiple times for the same infraction.

      I.e. if I run you over with my car and cause you to roll down Joe's hill of rusty barbed wire and land in John's acid vat and you have $50k of medical bills. You can argue that I caused it all and sue me for the whole amount, but you can't go and collect $50k damage each from me, Joe and John.

      If their argument is that your action caused that song to get spread to 100million other people and they sue you accordingly, then it makes those 100million people immune to the same lawsuit (at least for that individual song)

  15. Yet another gun control law... by tomstdenis · · Score: 5, Insightful

    Last I checked copyright infringement was still illegal. Does society need more laws that state copyright infringement with P2P is now illegal? ... I mean honestly P2P development is strict freedom of speech. Not to mention the good that comes from it [e.g. BitTorrent].

    Laws like this make me proud to live in a backwards country such as Canada.

    Tom

    --
    Someday, I'll have a real sig.
    1. Re:Yet another gun control law... by grub · · Score: 5, Interesting


      Laws like this make me proud to live in a backwards country such as Canada.

      I hear ya man..

      I think there will soon be a market in junkets to Canada for Americans that will want to (smoke pot|buy cheap prescription drugs|download movies and music)

      I have 2 spare bedrooms for rent!

      --
      Trolling is a art,
    2. Re:Yet another gun control law... by tomstdenis · · Score: 1

      You got room to rent? Mind if you email the location/cost/etc? Cuz I still live at the parents home and need a place to move out too ;-)

      [and yes, I'm serious...]

      --
      Someday, I'll have a real sig.
    3. Re:Yet another gun control law... by Anonymous Coward · · Score: 0

      done

    4. Re:Yet another gun control law... by _KiTA_ · · Score: 3, Interesting

      Laws like this make me proud to live in a backwards country such as Canada.

      Make room. If Bush 2.0 gets in again I have every intent of booking it to Canada or England as soon as I can, before he starts up the draft to fund the manpower portion of his neo-con wetdream wars. I won't be alone, either.

      I'm sure both Canada and England have their problems but at least they aren't being ran by corporations in the background under an increasingly thinly veiled guise of Democractic Republic-ness.

    5. Re:Yet another gun control law... by VValdo · · Score: 5, Funny

      Last I checked copyright infringement was still illegal.

      Yeah, but now it's illegaler.

      W

      --
      -------------------
      This is my SIG. There are many like it, but this one is mine.
    6. Re:Yet another gun control law... by tomstdenis · · Score: 2, Funny

      "illegaler".

      Touche. I can just imagine the senate now... "my bill is bigger than yours! Yeah well my lobbying can beat up your lobbying!"

      [in the middle of the floor, two tall senators and one short citizen in the middle]

      Tall1: Keep away, keep away!
      Tall2: Hey hey, hehehe come get it, whoop missed!
      citizen: Hey gimme my rights back!!! ;-)

      Tom

      --
      Someday, I'll have a real sig.
    7. Re:Yet another gun control law... by tomstdenis · · Score: 3, Funny

      Canada is like most other countries. The politicians are corrupt [e.g. voting their own raises, letting Quebec do whatever they want, Liberals misappropriating money] but at least they're not "oh lets kill people to make us more secure" randomly.

      On the plus side though we don't have planes smashing into our office buildings...

      tom

      --
      Someday, I'll have a real sig.
    8. Re:Yet another gun control law... by Ben+from+Western · · Score: 1

      Time and time again my wife and I tell each other we're moving to Canada, Australia, or Sweden. This is one of those times.

      --
      Fun through Gravity and Chaos
    9. Re:Yet another gun control law... by prozac79 · · Score: 2, Insightful

      Illegal, yes... worthy of jail time? No. Let's have the punishment fit the crime. Afterall, I can go about speeding in my car and potentially kill someone and I will only get fined $100. You can get completely wasted one night and only spend an evening in jail for being drunk and disorderly in public. But, if you log onto a P2P network and download a song, you get your entire life ruined because you are now a convicted fellon? And imagine the strain on the legal system if this started happening on a large scale. Heck, I would be pissed if I were a judge and had to sit through another case of "The City of Los Angeles vs. Molly Parker for Copyright Infringement in the 2nd degree".

      --
      "Oh dear, she's stuck in an infinite loop and he's an idiot" -Prof. Farnsworth (Futurama)
    10. Re:Yet another gun control law... by Jeff+DeMaagd · · Score: 1

      Laws like this make me proud to live in a backwards country such as Canada.

      Doesn't Canada have the highest CD-R music tax (erm , "fee") in the industrialized world? Sure it was the last to introduce one but the fees make buying a consumer set-top CD music recorder a laughable concept.

    11. Re:Yet another gun control law... by Anonymous Coward · · Score: 0

      yeah but then again who buys cdr anymore when you can invest in a bran new 100G HD for foughly 3-4 packs of 100cd's. granted 300 cd hold more, but a HD is much faster. i havent used or burned a cd in months.

    12. Re:Yet another gun control law... by tomstdenis · · Score: 1

      100CDs costs about 40$ or so [at most]. It's not a terrible price considering how much they are worth to me [e.g. backup].

      That and I'd rather pay 10 cents more per CD than have my "elected" officials commit warcrimes...

      Tom

      --
      Someday, I'll have a real sig.
    13. Re:Yet another gun control law... by Anonymous Coward · · Score: 0

      You don't even have buildings!

    14. Re:Yet another gun control law... by tomstdenis · · Score: 1

      CDRs are more useful [if you're in the market for CDRs] since they have no moving parts [re: longer shelf life].

      Chances are if your gonna buy CDRs you're looking at pirating, backing up or mastering your own CD...

      I don't know many people that use CDRs as a storage medium they regularly use [e.g. not for occasional use]

      Tom

      --
      Someday, I'll have a real sig.
    15. Re:Yet another gun control law... by tomstdenis · · Score: 1

      True dat. Our igloos are actually shaped well to take the impact. Provided terrorists don't taint our husky food we won't lose our transportation either!

      Tom

      --
      Someday, I'll have a real sig.
    16. Re:Yet another gun control law... by Anonymous Coward · · Score: 1

      Speaking of BitTorrent... I got cited by the MPAA via my ISP (Adelphia) for using BitTorrent. Apparently I was sharing a file called "honey.mpg". Which was illegal, and that I was to cease or have my internet account cancelled and continued legal action. Now, yes I was sharing a file via BT called "honey.mpg". But it was a mpeg of a beekeeper collecting honey from a hive comb. NOT the Jessica Alba movie "Honey" as the MPAA stated in the letter from my ISP. Adelphia's abuse department refused to listen to my side of the story, and hence put forth, that I should not use BitTorrent ever again, or face having my account disabled forever. How they found that torrent in the first place I don't know. But I still feel that I was unjustly "prosecuted" for something completely innocent. Based merely on a filename. How is the new act going to effect something like this? I mean, can the MPAA just find a filename it doesn't like and get people fined or jailed?!

    17. Re:Yet another gun control law... by marcilr · · Score: 1

      Yes. They have infinite resources and you have none. So be by the definition of our legal system (the rich always win) your screwed.

      --
      Azurite is fine covellite is mine.
    18. Re:Yet another gun control law... by Bill+Hayden · · Score: 1

      If Bush 2.0 gets in again I have every intent of booking it to Canada or England as soon as I can, before he starts up the draft to fund the manpower portion of his neo-con wetdream wars. I won't be alone, either.

      Buh-bye then. And please take Alec Baldwin with you this time.

      --
      Protect your browser with the Force Safe Search add-on
    19. Re:Yet another gun control law... by Anonymous Coward · · Score: 0

      Americans make a new law, Canadians make a new tax. How about anyone in the entertainment industry who takes cocaine gets 5 yrs. in the pen.
      that should shut them up.

    20. Re:Yet another gun control law... by Anonymous Coward · · Score: 0

      What about all those hockey pucks flying around? I wouldn't want to get in the way of one of those.

    21. Re:Yet another gun control law... by Anonymous Coward · · Score: 0

      Dude, you do NOT want to come to Sweden... this place is going down the drain almost as fast as the US. Example: There is currently widespread political consensus to implement mandatory alcohol breath test locks in cars. For recovering alcoholics you ask? No, for EVERYONE.

    22. Re:Yet another gun control law... by Anonymous Coward · · Score: 0

      "Last I checked copyright infringement was still illegal.

      Yeah, but now it's illegaler."

      The beauty of the English language is a pleasure to behold. It absorbs what it lacks; it bends and contorts to suit any end; it serves its users, changing with the times, and promotes new associations, distaining any attempt to limit thoughts.

    23. Re:Yet another gun control law... by Anonymous Coward · · Score: 0

      I'm sure both Canada and England have their problems but at least they aren't being ran by corporations in the background

      I'm from England, and while we aren't as bad as you guys over in the USA, we certainly have a massive problem with corporate control over government. Try reading Captive State some time. Our government literally throws taxpayers' money at corporations to run hospitals and stuff, usually against public interest.

    24. Re:Yet another gun control law... by Anonymous Coward · · Score: 0

      You think Canada is any better with the taxing levy on recordable medium and devices? Get a clue for once!!!! You're an idiot to believe such laws won't come to Canada. What took them so long to sue Canadians?

      The fact that we pay the music cartels money on every CDR purchase in Canada shows how backwards Canada is. The music cartels aren't suing downloaders, but uploaders, so now I pay extra on CDRs for no reason because I don't download/copy any of their music.

    25. Re:Yet another gun control law... by Nimey · · Score: 1
      If Bush 2.0 gets in again I have every intent of booking it to Canada or England as soon as I can,
      Horseshit. So many people said that in '00 when he was running the first time "I'll move to Canada if he wins!", and they're still here. They'll likely still be here if he wins again, and probably until they get their draft notices in the mail.

      In short, I'm tired of hearing the move-to-Canada line. Nobody believes you.

      --
      Hail Eris, full of mischief...

      E pluribus sanguinem
    26. Re:Yet another gun control law... by Anonymous Coward · · Score: 0

      You're an utter moron!!! The cost per CDR is not 10 cents, it's 21 cents for 1 fucking CDR that costs pennies to make. That 21 cents go to the music cartels. So for your $40/100CDR, that's $21 going to the music cartel. You can buy another 100 and have $1 left over, if it weren't for the taxing levy.

      But Wait, they can lobby to raise these rates and add new devices as they find more "evidence" of people using the medium for music.

  16. Bad idea... by ameoba · · Score: 4, Insightful

    Any law that simultaniously lowers the burdens of proof while raising penalties seems like a fundamnentaly bad idea.

    Tho, I guess after the War on Drugs put a generation of poor & minority youth in prision, they have to do something that has the same effect on whites & the middle class, lest they look racist (not an easy trick for a Republican from Utah to pull off).

    --
    my sig's at the bottom of the page.
    1. Re:Bad idea... by tomstdenis · · Score: 1

      What.... are you trying to say jail time for civil offences is cruel and unusual?

      SHAME ON YOU!

      The THOUGHT POLICE will visit you soon....

      That and personally I would be like "hey senator oppressive, you're not getting voted back in for this one!"

      But of course the sheep, er, masses, will vote randomly and they'll most likely keep their chairs...

      Tom

      --
      Someday, I'll have a real sig.
    2. Re:Bad idea... by smchris · · Score: 1


      It's a natural progression. The Inquisition wound down after they grabbed a few nobles.

    3. Re:Bad idea... by DigiShaman · · Score: 1

      America: A country of fascism under the guise of socialism by its elected officials.

      Sad really. And people often call me a nutjob for supporting the libertarian movement. But I guess it's ok to be criticized. The majority of the people have spoken (or not spoken enough as it may be). Civil rights be DAMNED!!!

      --
      Life is not for the lazy.
  17. It's time by ericdano · · Score: 4, Funny

    It's time to start outsource all that file sharing......just like all these companies are outsourcing jobs......

    --
    It's either on the beat or off the beat, it's that easy.
    I moderate therefore I rule!
    --
    1. Re:It's time by KD5YPT · · Score: 2, Insightful

      A lot of file sharing originated in foreign country. (hate to say this, but I think Taiwan will have a huge network, for one I came from there, and for two, they have lousy copyright enforcement).

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
    2. Re:It's time by Ragica · · Score: 1

      Just don't outsource to Switzerland. (I'm surprised this didn't make slashdot front page, actually).

    3. Re:It's time by Anonymous Coward · · Score: 0

      Well... If you set up a P2P computer in a country where sharing music is legal, then sync your computer with that one, everything should be legit.

  18. We all know this is unreasonable by bigberk · · Score: 5, Insightful

    DMCA... PIRATE... Who do you think owns your country? I don't mean to offend you geeks in the US and EU, but your governments perpetually place the interests of large corporations above citizens. Your government is not acting in your best interest. Tell your elected officials that you disagree with what they are supporting, and command them to stop.

    1. Re:We all know this is unreasonable by Zed2K · · Score: 2, Informative

      "Tell your elected officials that you disagree with what they are supporting, and command them to stop."

      Yeah I already tried that, got a letter back basically saying I am wrong and he is right and because he is an elected official he knows what's best for me. They are all the same, the elected ones, the ones running for election, all of them.

    2. Re:We all know this is unreasonable by KD5YPT · · Score: 1

      I don't think geeks in US and EU won't get offended. Since that statement is perfectly true, the government officials depend on large corporation for election funds. While historically speaking, massive election fund does not equate to winning and election, it does give an edge. While I don't have the time to write letter nor calling them (they seems to ignore e-mail a lot), the least everyone can do is go out there and VOTE! I would bet if enough people voted, they'll be forced to listen to us.

      P.S. WE'RE NOT VOTING ENOUGH! 20 ~ 30% VOTING RATE ISN'T GOOD! EVEN TAIWAN GOT A VOTING RATE HIGHER THEN THAT. (unfortunatly, the 2004 presidential election on March 25 in Taiwan got so much election fraud, caught on tape, that it might as well be void...).

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
    3. Re:We all know this is unreasonable by Anonymous Coward · · Score: 1, Insightful

      Not only vote, but join and run for a party that's mission is to promote the free flow of info, copyright reform / reduction in length. I hope the Green or Reform party will adopt a platform of copyright reform.

    4. Re:We all know this is unreasonable by jasonbrown · · Score: 2, Interesting

      "Tell your elected officials that you disagree with what they are supporting, and command them to stop."

      I don't mean to sound pessimistic, but I write all of my relevant gov't officials all the time (at least 3-4 / month) and I either get a response like "Don't worry we aren't going to use our new powers to harm you" or no response at all. I don't think they are listening a lot of the time. I agree that writing these people is important but I fear they are not listening to the concerned citizen as much as they are to the corporations funding their next campaign.

      --

      "Congress shall make no law... abridging the freedom of speech, or of the press"
    5. Re:We all know this is unreasonable by geminidomino · · Score: 2

      Every time I hear something like this, a little bit more of me almost wishes the plane woulda reached the Capitol building...

    6. Re:We all know this is unreasonable by Elivs · · Score: 2, Interesting

      Write to them again. Point out that they are not there to be right or wrong, they are there to serve you.

      Also tell them that you have shown many of your friends his/her response who where equally as disgused. Tell them that you have convinced several of your friends who previously didn't vote, to vote against them. CC the letter to his opponent and be sure the CC at the top of the letter.

      Try to be clear and polite so you don't sound like a lunatic. Ideally you want to sound like a member of the middle ground of people who would normally vote for them.

      The thought of someone actively campaining against them is worse than just losing one vote.

      Elivs

    7. Re:We all know this is unreasonable by npsimons · · Score: 1

      Tell your elected officials that you disagree with what they are supporting, and command them to stop.

      Fuck telling them, they obviously aren't listening. I say, up against the wall with them, "Moon is a Harsh Mistress" style!


      (Can you tell I've been re-reading Heinlein recently? ;)

    8. Re:We all know this is unreasonable by Ex-MislTech · · Score: 1

      Vote ...Hahaahhahaa .

      The 2 parties approve their marionette and then you get to
      pick your favorite sock puppet .

      It's like nightmare on elm street meets sesame street .

      Bastards are owned lock, stock, and barrel .

      You can almost see the metaphorical strings tugging their
      little corporate dances .

      Cest La Vie, Cest La Gare ...

      Peace !
      Ex-MislTech

      --
      google "32 trillion offshore needs IRS attention"
    9. Re:We all know this is unreasonable by Ex-MislTech · · Score: 1

      I'd like to see a party take the platform of TOTAL reform .

      Screw partial reform, fix it all, ppl know what is screwy .

      A " VAST " and unending heap of crap needs to be fixed .

      The bloated and corrupt and crooked IRS, once per capita
      largest percentage of tax evaders .

      Corporate Welfare ..... Dear God .... we got ppl dying under
      bridges and we give money to some crooked business when some
      guy is dying from exposure cause we won't let him sleep in
      an empty 1,000,000 sq ft church or sports stadium ????

      If ya say he stinks, go smell those linebackers after 4 quarters .

      Colleges have been turned into cash cows, and have required
      classes that do not meet the changing needs of the world .

      The layers of taxation on items of necessity has become absurd .

      A set of tires from raw material to the rim is like 80% tax .

      Corporations bilking their employees and states out of
      billions like Enron did and MANY MANY others .

      They go on a witch hunt after martha stewart over $48,000 .

      What about the billions the good ol boy network swindled .

      How about Global Crossing selling the backbone of the
      military network to a chinese businessman in bed with the
      communists .... let's talk about that .

      Let's talk clinton pardoning Mark Rich, multi-millionaire
      tax evader after his delivered party favors and green backs .

      I am not saying it is one one party either, it is both .

      States like oklahoma tax milk and bread for even the dirt poor .

      Billionaire Eddie Gaylord jr. swindles 18 million USD of tax
      payer money to build the bass pro shops in downtown OKC .

      former governor keatings wife invest in private prisons and
      we "mysteriously" approve the ones she invested in large
      numbers for oklahoma .

      This is just my state, I am sure you all have your stories .

      The point is that corruption is so rampant the system is broke
      beyond repair I fear .

      Good Luck !!!
      Ex-MislTech

      --
      google "32 trillion offshore needs IRS attention"
    10. Re:We all know this is unreasonable by YOU+LIKEWISE+FAIL+IT · · Score: 1
      Tell your elected officials that you disagree with what they are supporting, and command them to stop.

      'Stop! Or I will say "Stop!" again!'

      --
      One god, one market, one truth, one consumer.
  19. Nobody will need broadband if this passes :-) by OneInEveryCrowd · · Score: 3, Insightful

    Heck, I'll just cancel my dsl and join a health club or something. If I just wanted to surf I could use the computer at the San Jose public library or at work.

    Hopefully the Japanese companies don't go after the fansubbers if this happens.

    1. Re:Nobody will need broadband if this passes :-) by KD5YPT · · Score: 1

      Actually the Japanese companies don't care much about fansubber. They don't encourage it, but the silently allow it since among fasubbers, they have a decree that if an Anime is licensed in state (or whatever country they're doing the translation for) they'll stop all work and cease distribution. The companies in Japanese actually like fansubbers since they gave the anime they're subbing a head start in term of recognition.

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
    2. Re:Nobody will need broadband if this passes :-) by cpt+kangarooski · · Score: 1

      Hopefully the Japanese companies don't go after the fansubbers if this happens.

      You didn't read the article closely. If this bill passes, it doesn't matter what the Japanese allow. Unless they specifically permit it, rather than just look the other way, the GOVERNMENT can sue the fansubbers.

      It's similar to how the government can bring charges against Alice for beating Bob, even if Bob doesn't want them to. It's not his decision; he only gets to decide if _he_ wants to sue.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    3. Re:Nobody will need broadband if this passes :-) by Minna+Kirai · · Score: 1

      since among fasubbers, they have a decree that if an Anime is licensed in state (or whatever country they're doing the translation for)

      Not anymore. That was prehaps the reason why fansubbing was tolerated up til 1995 or so.

      But today, the much bigger reason why they don't seriously pursue fansubbers is because the producers expect to earn all their US profit from dubbed releases (including TV). While US "otaku" may prefer subtitles, the average customer 90% of the time wants to hear his own language.

      they'll stop all work and cease distribution

      Today that idea's a joke. Yes, the fansubbers themselves will cease work/distribution. But once the files have been released onto the internet, P2Pers will keep distributing as long as it's popular.

      Also, that "rule" made more sense back when anime was rarely licensed for America. Today there are many titles that obviously have a US release written into their business plan from the start (none moreso than "Big O" volume 2)

    4. Re:Nobody will need broadband if this passes :-) by KD5YPT · · Score: 1

      since among fasubbers, they have a decree that if an Anime is licensed in state (or whatever country they're doing the translation for)

      Not anymore. That was prehaps the reason why fansubbing was tolerated up til 1995 or so.


      I know some fansub groups still follow that decree.

      they'll stop all work and cease distribution

      Today that idea's a joke. Yes, the fansubbers themselves will cease work/distribution. But once the files have been released onto the internet, P2Pers will keep distributing as long as it's popular.


      Well, fansubbers weren't at fault here, most still have a statement asking all who have their work to stop distribution.

      Also, that "rule" made more sense back when anime was rarely licensed for America. Today there are many titles that obviously have a US release written into their business plan from the start (none moreso than "Big O" volume 2)

      I don't think Big O or other anime that was intended to be released here was fansubbed...

      On a side note, the reason why many fansubber deviate from their original doctrine is that many anime, unintended to be dubbed to US, was extremely badly dubbed by companies here. (to name a few... "CardCaptors" "Sailor Moon" etc.) Mostly because the cultural differences (affection between people of same sex is not considered gay, it's normal for siblings to marry each other... lots of other stuff and cultural differences)

      P.S. I know about these from a friend who's in a fansub group that still followed the unwritten rule.

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
    5. Re:Nobody will need broadband if this passes :-) by Minna+Kirai · · Score: 1

      I know some fansub groups still follow that decree.

      I'm not saying they don't follow "the rule"; I'm saying that this rule is not why anime publishers tolerate fansubbers. They care much more about the fact that subs don't harm their dub market than they do about distribution "stopping" after licensing.

      fansubbers weren't at fault here

      Their actions are technically illegal, so they are at fault at least a little.

      most still have a statement asking all who have their work to stop distribution.

      "I'm giving this to you illegally right now, but don't you go giving it out illegally later"

      If one criminal asks other people not to repeat his crime, that's not much of a mitigating factor.

  20. Acronyms by Anonymous Coward · · Score: 0

    Why must Congress place dumb acronyms with all of their pieces of legislation?

    PATRIOT Act.
    CAN-SPAM Act.
    PIRATE Act.

    Yo ho, yo ho, a pirate's life for me.

    1. Re:Acronyms by Anonymous Coward · · Score: 0

      That's because you have a FUBAR Congress

    2. Re:acronyms by t_allardyce · · Score: 1

      They're very old and they dont really know whats happening, so the nice people at the RIAA got their PR team to come up with the names.

      What sort of fucked up country has laws with names like this? its almost orwellian

      --
      This comment does not represent the views or opinions of the user.
    3. Re:acronyms by MindDelay · · Score: 1

      a very fucked up country indeed, something needs to be done...

      --
      Spiral out. Keep going...
  21. "Enshrined in our Constitution." by LionKimbro · · Score: 5, Insightful

    "It is critical that we bring the moral force of the government to bear against those who knowingly violate the federal copyrights enshrined in our Constitution."

    Yeah. I'll feel guilty about it, when the fed actually proves that copyrights exist in order 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."

    It sure doesn't feel like limited times.

    You've heard it before. And you'll hear it many times over again.

    1. Re:"Enshrined in our Constitution." by The+I+Shing · · Score: 1

      I'm not a very relgious man, but AMEN, BROTHER!

      Unless you're a friggin' vampire or a god, 95 years ain't a "limited time" by any standard.

      --
      You are in error. No-one is screaming. Thank you for your cooperation.
    2. Re:"Enshrined in our Constitution." by KD5YPT · · Score: 1

      I think the 90 years limitation OR 15 years after the artist death (is it 15? or something else, I forgot) is designed because in the past, creating a very good piece of artistic work is VERY hard. That and the limitation in an essence means the artists OWNS his own work for the rest of his life (kinda like buying something, it's yours, until you sell it).

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
    3. Re:"Enshrined in our Constitution." by Anonymous Coward · · Score: 4, Insightful

      Congress has altered the time span for copyrights a minimum of 40 times. At this point, the current limit is 95 years. Effectively, that is approaching unlimited, as any work created within our lifetime cannot be utilized effectively to promote the idea of the creator by anyone.

      With congress's actions in increasing limits every time Valenti gives them a few bucks, the copyrights have, for all intents and purposes, become perpetual.

      Even the British had more sense than that, with Queen Annes copyright limits taking precedent over the booksellers objections. Pity Congress cannot look past their campaign account, and look instead to the rights of the people of the US.

      Copyright extensions at this point in time defeat the desire of the framers of the constitution, and thus are unconstitutional. By making copyright limits (de jure) unlimited, they have failed to uphold the constitution.

      14 year old Johnny, sitting at home listening to downloaded music is not a terrorist, nor a pornographer, nor a criminal. The real criminals are the congressmen who vote by proxy for Jack Valenti and The MPAA/RIAA cartel, to perpetuate a legalistic imagery that is basically feudal in concept.

      Jack Valenti represents the most malicious, vicious, and virulent breed of terrorist this planet has seen. With one stroke of a pen, he can pay congress to enact a minimum of 60 million American citizens into the ranks of the criminal. Your rights are reduced, as you are obviously a criminal, and you have no recourse, as you cannot afford $250.000 for a defense.

      Jack Valenti is a traitor to the constitution of the United States, and should be arrested, charged, and tried for that treason.

    4. Re:"Enshrined in our Constitution." by cpt+kangarooski · · Score: 1

      The term lengths are the life of the author + 90 years, OR in the case of certain other sorts of works (e.g. works for hire) 95 years from publication or 120 years from creation, whichever comes first.

      Anyway, the length has nothing to do with the effort involved in creating a work. In fact, creating a works is amazingly easy -- your post qualifies. So does this one. It's only hard if you're either not very good, or deliberately choose a hard sort of art to make. If your hobby is building Gothic cathedrals, it shouldn't be any surprise that it'll take some effort.

      It's more to do with that had we not changed the law back in 1976, Mickey Mouse would have entered the public domain in the mid-80's. That's it.

      What do artists need with control over their work during their lifetime anyway? If it's worth anything at all, they'll know pretty rapidly and be able to exploit it. If not, it just harms society and profits the artist not at all.

      Copyright exists purely to promote the interests of the public; not artists. The moment you start thinking about how the artists can benefit without it just being a means to a greater end, that's when you're perverting copyright.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    5. Re:"Enshrined in our Constitution." by Anonymous Coward · · Score: 0

      If ever an Act was in need of presidential veto, this is it. The damage done to the constituency under the fallacious terminolgy is quite extensive. The potential economic fallout extreme.

      Copyright infringement is an issue that requires a balanced approach. The net, until recently, had a 'no rights whatsoever' common rule. Now, the megacorp money huggers want to make it 'all rights reserved'. Neither extreme is in the public's interest, nor the creators.

      Pres. Bush - act to protect and defend the constitution, as congress has acted to protect and defend the corporate mafia.

    6. Re:"Enshrined in our Constitution." by Chris+Carollo · · Score: 1
      Yeah. I'll feel guilty about it, when the fed actually proves that copyrights exist in order 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."

      It sure doesn't feel like limited times.
      I agree with your point, but given that many of the p2p files are actually being distributed BEFORE they are being released, I don't see how correctly time-limiting the copyright system is going to impact the damage done (perceived or real) by p2p apps.
    7. Re:"Enshrined in our Constitution." by smchris · · Score: 5, Interesting

      It's gotten pretty interesting in a purely scholarly way. We have a backlogged stockpile of literally 100 years of audio and video entertainment now. I mean, how much can a person consume? Entertainment _should_, by economic laws of supply and demand, be as cheap as tap water.

      Ergo, draconian protectionism. Something has to give.

    8. Re:"Enshrined in our Constitution." by marcilr · · Score: 1

      Yeh, but Bush is whore (my apologies to hardworking whores everywhere) and is itching to get his next RIAA campaign contribution. I confess I voted for the bastard, sorry...

      --
      Azurite is fine covellite is mine.
    9. Re:"Enshrined in our Constitution." by David+Rolfe · · Score: 1

      It sure doesn't feel like limited times.

      I agree with your point, but given that many of the p2p files are actually being distributed BEFORE they are being released, I don't see how correctly time-limiting the copyright system is going to impact the damage done (perceived or real) by p2p apps.

      Since at least 1976 (or was it an earlier copyright bill?) any creative work is 'automagically' copyrighted. Its date of release is irrelevant.

      The time limit on copyright is to allow for Americans to build upon the public domain as many great entrepreneurs until the beginning of the 20th century could. Lessig's Free Culture has a great discussion of this.

      If the term of copyright had remained more or less inline with the Framer's vision I could be remixing music from the 50s WITH NO PENALTY. Wait that was off topic -- kids could be trading all media prior to 1960 WITH NO PENALTY.

      Any discussion about copyright is really about the Public Domain and what shall and shall not exist in it.

      --
      Read Heinlein's 1953 Revolt in 2100, now more than ever.
    10. Re:"Enshrined in our Constitution." by Anonymous Coward · · Score: 0

      "It sure doesn't feel like limited times."

      And this justifies ripping artists off...how, exactly?

      Most of the content of P2P networks is recent charting material and still within the constitution's original copyright period, so justifying copying by saying "copyright lengths are too long" is irrelevant since the un-modified constitutional IP rights would still apply.

      Sorry if facts get in the way of a bit of self-righteous indignation, but life's a bitch like that.

    11. Re:"Enshrined in our Constitution." by ymgve · · Score: 1

      It's more to do with that had we not changed the law back in 1976, Mickey Mouse would have entered the public domain in the mid-80's. That's it.

      This one really bothers me. Mickey Mouse would NOT enter public domain, because he is a trademark, NOT copyrighted. The first films would enter public domain, yes, but Disney would still be the only ones allowed to create new Mickey cartoons.

    12. Re:"Enshrined in our Constitution." by cpt+kangarooski · · Score: 1

      This is incorrect. Only copyright laws can prohibit the creation of derivative works. Trademark laws cannot; they are AT MOST only able to prevent actual customer confusion or tarnishment.

      Of the two, trademarks are the inferior right. Because they cannot act as a copyright substitute with regard to derivative works, the scope of a trademark on a public domain work or the characters therein in necessarily scaled back so as not to bar the public domain enjoyment of that work.

      Disney is scared because they know that without a copyright, their trademark on Mickey Mouse is in dire jeopardy.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    13. Re:"Enshrined in our Constitution." by elflord · · Score: 1
      It's gotten pretty interesting in a purely scholarly way. We have a backlogged stockpile of literally 100 years of audio and video entertainment now. I mean, how much can a person consume? Entertainment _should_, by economic laws of supply and demand, be as cheap as tap water.

      It isn't, because despite the large quantity of material, it hasn't become commoditised. Charlie Parker is still Charlie Parker. Beethoven is still Beethoven. Most people don't want to pay for a Beethoven imitator or a Charlie Parker imitator. So they pay the full price to get the real deal. If the market believed that the imitator was good enough, you would see the price drop that you predict. The fact that it hasn't happened is a sign that the market overwhelmingly does not view music as a commodity. This is consistent with my own views on music, and also those of people I know who listen to music.

  22. Regarding the issue of control... by Faust7 · · Score: 4, Insightful

    "Corporations are completely and utterly in charge of every aspect of our daily lives,

    Well, in some sense they always will be. We're consumers, the objects of our consumption need an origin, and corporations are that origin. How they choose to design products, manufacture products, market products, and lobby for legislation regarding products will always exert an incredible level of completely transparent control over our lives.

    It's up to individual consumers to render that control opaque -- but total opacity is very, very, very difficult.

    1. Re:Regarding the issue of control... by AmigaAvenger · · Score: 4, Insightful
      we USED to be consumers, that is the old model of thinking at least. The current trend is that once a industry has a stranglehold on the consumer, we become the enemy, the opponent, since no natural opponent no longer exists.

      think of all the current examples of the huge media conglomerates which are doing things to screw the consumer. what is stopping them... nothing. consumer backlash no longer means anything.

    2. Re:Regarding the issue of control... by Moofie · · Score: 5, Insightful

      What planet are you on?

      The cable company.
      The phone company.
      The electric company.
      Microsoft.
      Viacom.

      These companies have NO ACCOUNTABILITY WHATSOEVER to the public. They can do whatever the hell they want, pass whatever laws they want, charge whatever prices they want, and people don't have another option.

      What do they have in common? They're all monopolies. Those are bad, remember?

      --
      Why yes, I AM a rocket scientist!
    3. Re:Regarding the issue of control... by Anonymous Coward · · Score: 2, Interesting

      Correction. Companies without corporate lobbyists bow down and kiss the asses of consumers. Companies with corporate lobbyists simply buy a few politicians so that they can introduce laws that dictate what their consumers/competitors can and can't do. Remember, it's the natural instinct of any company in the dominant position to do whatever it takes to retain that dominant position (in the absence of government oversight) - including bribery, corruption, and criminal activity. What is government oversight? It's oversight by the consumer - since we're technically the government. Too bad most of the "government" is on vacation, or too stupid to notice that we're becoming less like citizen/consumers of a capitalistic republican democracy, and more like subjects of an elitist corporate oligarchy.

    4. Re:Regarding the issue of control... by clifyt · · Score: 4, Insightful

      "We USED to be consumers, that is the old model of thinking at least. The current trend is that once a industry has a stranglehold on the consumer, we become the enemy, the opponent, since no natural opponent no longer exists."

      We become the enemy when we are no longer consuming, but also competing.

      P2P is competition, not consuming.

      Face it, the average consumer out there really doesn't understand what goes into making a product -- even folks that SHOULD know what goes in to a product claim that since its all easily reproduced electronic bits, there really isn't any value in it.

      When consumers start being competitors with no way of stopping them, something needs to change.

      Think about it this way -- if one or two folks go into a store and shoplift, its a problem. BUT if they get caught, they get a light sentence. Now, what if hundreds went into stores and shoplifted as if it were institutional values? Several magnitudes above previous levels. Folks believed that they would never get caught because the law enforcement couldn't deal with this crime. So, what does law enforcement do knowing they can't police everything? They put a few shoplifters to death...err...a good deal bigger punishment than is really appropriate for the level of the damage *THEY* did...it would be a deterent.

      The laws are not just there to punish the guilty, but to be a deterent. Sometimes one has to make an example of someone just to stop others.

      Then again, I could just be a bit pissed off right now. I just found out last night some dumb motherfucker is selling software I sell to keep my website alive for $14 on eBay. He packaged about $100 worth of my software (as well as others that do sound design that I'm friends with), and claiming that he should be free to do it because he's not really making a profit -- he's only recouping his cost from burning the discs and sending them out. And thats not even the levels of P2P -- so far, according to his profiles, its only 2 dozen people that will never need to buy my stuff because they have it for almost free.

      Theft is theft. If thieves were going into each and every one of your neighbors houses day and ripping them off every day, I can guarentee there will be some dead thieves and a lot of people applauding -- well except for the thieves who will be claiming that civil rights are being taken away and everyone else is a bunch of nazis.

      If you want to talk about huge conglomerates screwing over the average consumer, you better be sure that the average consumer isn't fucking things up for those few honest consumers out there first...

    5. Re:Regarding the issue of control... by elmegil · · Score: 1

      And not one of them has kissed my ass recently. Unless you count the cell phone company. Of course, cell service is where all the competition is right now, when it comes to phones.

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    6. Re:Regarding the issue of control... by _Sharp'r_ · · Score: 2, Informative

      There's another simularity you're missing.

      All of your listed companies except Microsoft are government created monopolies. Microsoft is easily the most customer-oriented of your list, even if in some ways the screw people.

      So blame the main source of the problem, too much government intervention and control, leading to bought politicians to excercise it on someone's behalf.

      --
      The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
    7. Re:Regarding the issue of control... by smack_attack · · Score: 1

      think of all the current examples of the huge media conglomerates which are doing things to screw the consumer.

      It's not just that industry... think about the $29.50 fees that your bank charges. I'd like to burn down Bank of America, I'm sure they could rebuild ever office with just the money made from those damned fees.

    8. Re:Regarding the issue of control... by Anonymous Coward · · Score: 1, Insightful
      These companies have NO ACCOUNTABILITY WHATSOEVER to the public.

      Take it easy Sapphire. They're accountable to stockholders. Stockholders are sold to the public. In fact, you might even say that the companies you mention are publicly held companies. Therefore, YOU'RE A FUCKING ASSHAT SO SHUT THE FUCK UP!

    9. Re:Regarding the issue of control... by kimgh · · Score: 1

      You may be a consumer. I prefer to think of myself as a customer, and insist on being treated as such by companies (large or small) that I do business with.

    10. Re:Regarding the issue of control... by richieb · · Score: 3, Insightful
      Theft is theft.

      Correct. But copyright violation is not theft. If it were, we wouldn't need new laws. Theft is already illegal.

      Read about the use of words here

      --
      ...richie - It is a good day to code.
    11. Re:Regarding the issue of control... by smack_attack · · Score: 1

      This is an "I Feel Lucky" Google query that redirects to a porn site.

    12. Re:Regarding the issue of control... by Saeger · · Score: 1
      No, corporations won't always be in control.

      Microsoft used to be top dog with their closed-source crap, but since anybody can own the means of digital production, open source is increasingly gaining ground and will eventually come out on top. "Trusted Computing" is an attempt to put that control back into the hands of the few, and it will fail.

      The same will happen with physical products in the near future. Molecular manufacturing (nanotechnology) will make megacorps irrelevant when the means of physical production & distribution is moved from their top-down control into everyones hands. You won't need to go to WalMart to buy a $12.99 Gilette Quad-Edge SuperShaver Deluxe - you'll download the "molecular blueprint" for the GNU/shaver1.2, or whatever, and recycle local molecules into the forms you need.

      (Oh, yeah, I an optimistic quack, so write me off.)

      --

      --
      Power to the Peaceful
    13. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      You forgot banks.

    14. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      "The electric company."

      D.
      ick.

      Dick.

    15. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      The funny thing is that if you had enough money you could put your money in a bank that payed you to keep your money there instead of you paying the bank to keep your money there.

    16. Re:Regarding the issue of control... by squiggleslash · · Score: 4, Informative
      AT&T had a monopoly before it accepted government regulation - which it considered a necessary evil. Since then, the government has repeatedly tried to find ways of reducing its regulation of that sector by trying to force Bell and its successors to create competitive environments.

      Actually, the major difference between Microsoft and the others is the cost of entry into the markets. The cost of entering the operating systems market is low (if not negligable thanks to GNU and Linux), the problems competing have to do with closed protocols and platforms and the difficulty supporting third party created software.

      By comparison, phone service (and cable service, and electricity, etc) is prohibitively expensive to enter. Laying cables can cost upwards of $10,000 per yard in residential areas. It makes no sense for a would-be competitor to even enter the market unless they can persuade the government to force the incumbent to actively help them.

      In the US, this has always been the case. There is currently no law preventing me from laying cables to start a phone company or provide cable, indeed there are laws requiring local governments give me the necessary permissions to do so. Despite this, the only time you really see new entrants in either markets are where they can find alternatives - microwave and satellite TV, for instance.

      --
      You are not alone. This is not normal. None of this is normal.
    17. Re:Regarding the issue of control... by red+floyd · · Score: 4, Insightful

      Stolen from someone's sig...

      I am not a "consumer". I am a CITIZEN of the United States of America.

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
    18. Re:Regarding the issue of control... by Anonymous Coward · · Score: 1, Insightful
      All of your listed companies except Microsoft are government created monopolies. Microsoft is easily the most customer-oriented of your list, even if in some ways the screw people.

      So blame the main source of the problem, too much government intervention and control, leading to bought politicians to excercise it on someone's behalf.

      Microsoft's dominance depends on copyright, which is a government-granted monopoly. It is also the monopoly power behind the media industry. Don't discount government influence so readily.

    19. Re:Regarding the issue of control... by smack_attack · · Score: 1

      The funny thing is when the bank sends you the free life insurance for a measly $10K of coverage. Is it a threat or a snarky comment.

    20. Re:Regarding the issue of control... by cgenman · · Score: 4, Interesting

      consumer backlash no longer means anything.

      Most of the people I know consider P2P a form of nonviolent protest. It's a way of voicing our discontent with the way our consumerist society corners us with the belief that there are no alternatives. Well there are alternatives, many of them, and no matter what the rich white men in suits may believe we can actualize these alternatives into something they can't touch! P2P is our protest! P2P is our power, our voice, our constitutionally protected free speech! Outlawing P2P is outlawing free speech!

      Well, not really. But that argument is no dumber than what has been coming out the the copyright companies. Like saying that in an economy that is down %10 due to a massive worldwide recession record sales are down %10 because of... computers. Or that the value of a copy of a song which the sell for 4 dollars suddenly becomes 10,000 dollars because it was put on a P2P network. Or that computer hacking is terrorism and terrorism is treason and treason is punishable by death but hacking to protect copyrights is a noble form of copyprotection and stopping someone from hacking to protect their copyright is a violation of the DMCA.

      Sigh. All I want is a little sanity in our legal system.

    21. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      We're consumers, the objects of our consumption need an origin, and corporations are that origin.

      It only has to be that way under capitalism.

      The "bourgeois mode of production" is not our only choice. There also isn't a binary choice between stalinist style communism and capitalism.

      Another world is possible.

    22. Re:Regarding the issue of control... by zagmar · · Score: 2, Insightful

      Hey, looks like someone didn't read Neal Stephenson's article "Mother Earth, Motherboard" in Wired a few years ago. See, AT&T did not "accept" government regulation. They were a government sponsored monopoly, like most telephone companies in the world. Then, in the 1970's/1980's, the government prosecuted them as a monopoly and broke them into the baby bells. The reason that you don't see new cable being laid by startups is that it is expensive, and competing in a market that is already dominated by a few players does not look good on your VC application. Plus, there is a law that says that local monopolies have to provide competitors space on their networks at a comparable cost to their own maintenance.

    23. Re:Regarding the issue of control... by Bombcar · · Score: 1

      You do know that those overdraft fees are often much higher on the "free" accounts?

      If you ask around, I'm pretty darn sure you could find a bank with a $3 a month checking account that has only a $5 or so overdraft fee.

      The banks know that someone who is worried about $3 a month will often overdraft. This is called "false economy," and they make big bucks over this.

      Also, try to find a credit union, as they are basically non-profit and very reasonable.

    24. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      Opaque means "unclear" or "something that does not allow light to pass through."

      You have misused the word.

      Also, defining humans as "consumers" reeks of a parochial blindness to history. So basically, you've exposed yourself as a fool on a public forum.

      Welcome to the club!

    25. Re:Regarding the issue of control... by _Sharp'r_ · · Score: 3, Insightful

      Telephone: Every heard of a public utility commission? That's the government group you have to get permission from to start a phone company. They'll be the ones telling you what services you are allowed to offer at what rates, if they allow you to do anything at all. Long-distance telephone has gotten better recently, but while deregulation efforts have started in some areas to get rid of the monopoly, in many parts of the U.S. there is only one choice for your phone company simply because the government still says so.

      Electricity: Very similar to the phone monopolies, a little deregulation in some aspects, but still largely a monopoly with no choice of local carrier enforced by the government. In fact, in many places, electricity and water are provided directly by the local government.

      Cable: Sorry, but if you tried to start a new local cable company, your local government would stop you. A quick Google on "cable television monopoly" reveals plenty of sources. Try the one from an attorney challenging cities ability to award a cable monopoly.

      --
      The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
    26. Re:Regarding the issue of control... by ms8423 · · Score: 1

      I'm sorry, but they are really not monopolies:

      1. The Cable Company
      You can get a Satellite Dish any day of the week.

      2. The Phone Company
      Where I live there is a bunch around. If you dont like them, there is always getting a cell only. Even a satellite cell phone is available-- and thats no matter where you are.

      3. The Electric Company
      Those have recently been privatized too. There is competition, plus you could buy a generator.

      4. Microsoft
      No. They are a dominant firm in monopolistic competition (they have a strong impact on prices and control a large market share). Software (except some specialized stuff) is mostly a monopolistic competition kind of environment. Lots of Product Differentiation, Advertisement etc. Versioning is important here too.

      5. Viacom
      Come on. There is other players in the entertainment business too. Oligopoly, maybe. Monopolistic Competion, most likely.

      "NO ACCOUNTABILITY WHATSOEVER"
      Well, sometimes it seems that way, but that is really not the case quite yet.

      Believe me, I do not like this "PIRATE Act" either, but it is a piece of legislation and needs to be addressed that way. Write a letter to your senators / presidential candidate.

    27. Re:Regarding the issue of control... by jadavis · · Score: 1

      The cable company.

      Come on, the rest you can maybe consider a utility. But I'm not exactly worried about cable T.V.

      If my cable T.V. went out I would probably forget about it completely in 3 days. If cable T.V. bugs me it's GONE. If other consumers feel they have the money to spend on that luxury, fine, but I think that's the furthest from any example of something requiring regulation.

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    28. Re:Regarding the issue of control... by Geek+of+Tech · · Score: 1
      I'm really not trolling.

      Okay. I figure that could happen, except for a few things.

      1) Industries don't like selling / distributing technologies that will make them (the industries) obsolete. It's bad for their (so called) business model.

      2) Assuming that someone does create this device, whoever comes up with a new design for you to download will probably still want to be paid. And will try to influence politians.

      3) This is where we would normally say "Profit!!!!!". But I'm not going too.... ah crap.....

      --
      Stop the Slashdot effect! Don't read the articles!
    29. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      1): OK, but then the Industries need to understand that the common man is willing to provide the basics, and that the commercial entities need to offer truly "Luxury" services to survive..

    30. Re:Regarding the issue of control... by cbreaker · · Score: 2, Interesting

      "1. The Cable Company
      You can get a Satellite Dish any day of the week."

      I can't get satellite because I have too many trees. There's a number of reasons someone might not be able to use sattelite, that being one of them. So no, I have no choice, when it comes to cable TV, most people only have the choice of one cable company.

      "2. The Phone Company
      Where I live there is a bunch around. If you dont like them, there is always getting a cell only. Even a satellite cell phone is available-- and thats no matter where you are."

      Where I live, and everywhere but major metropolitan areas in the NE, we have Verizon, or nothing. Cell phones are good but they cannot replace a good hard line when you need one.

      "3. The Electric Company
      Those have recently been privatized too. There is competition, plus you could buy a generator."

      Not really. I can choose another power company, but they just buy the power from the same source. It ends up being more expensive. Privatizing power has been a big flop. GENERATORS? You're kidding right?

      "4. Microsoft
      No. They are a dominant firm in monopolistic competition (they have a strong impact on prices and control a large market share). Software (except some specialized stuff) is mostly a monopolistic competition kind of environment. Lots of Product Differentiation, Advertisement etc. Versioning is important here too."

      Many US States and the EU would disagree. As do I.

      "5. Viacom
      Come on. There is other players in the entertainment business too. Oligopoly, maybe. Monopolistic Competion, most likely."

      I dunno about Viacom. So whatever.

      "NO ACCOUNTABILITY WHATSOEVER"
      Well, sometimes it seems that way, but that is really not the case quite yet."

      It is the case. I need 5 phone lines at a customer site, and we HAVE TO USE VERIZON. We can't hook up five cell phones on the wall. When they screw up, it can sometimes be days before they fix something. They raise prices and the only thing we can do is pay. Same with Microsoft. Same with Cox Cable. Same with Naraganset Electric.

      Internet Access is often another form of monopoly since it rides on the same line as cable. A lot of people can get DSL, but a lot more cannot. So besides dial-up (which you can't effectively do with a cell phone, and dialup is becomming more and more obsolete) you have to use Cable Internet. I have no choice for my ISP, and they know it. They raise the prices often, they keep blocking more and more stuff, and there's nothing I can do besides pay. Not having high speed internet is not an option for me.

      There may be no hard, true, 100% monopolies around, but it's close enough to not matter. Sure, you could always live in a straw hut and shovel shit for a living, but if you want to actually participate in society you have no choice but to buy their services, good or not.

      --
      - It's not the Macs I hate. It's Digg users. -
    31. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      "Well there are alternatives, many of them, and no matter what the rich white men in suits may believe we can actualize these alternatives into something they can't touch! "

      There is no need for racism in this thread. If you'll check a little closer I think you'll find that there is a ton of rich black men these days and more than a few orientals, etc.

      The issue is not of race, but of class. This is class warfare.

    32. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      I think by cable company you mean aol time warner
      oops...
      I mean time warner

    33. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      leave race ("white men") out of the picture, thank you, you racist shmuck.

    34. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0
      All I want is a little sanity in our legal system.
      Don't hold your breath.
    35. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      Also, defining humans as "consumers" reeks of a parochial blindness to history.

      I think it is you who has a parochial blindness. If you think humans are something other than consumers I guess you don't understand the economics of industrial production.

      Try reading the Wall Street Journal.

      To the WSJ there are only two kinds of people: Shareholders and Consumers. In the same way that the "People's Daily" is the mouthpeice of the Chinese Communist Party, the Wall Street Journal is the mouthpeice of the shareholders and CEOs that direct our economy.

      And no your 50 shares of Redhat is not enough to make you a Shareholder. They mean people that own more than 10% of a company stock. Sorry, but to the folks in charge of the economy you are a consumer.

      So yes humans weren't always just consumers, but thanks to capitalist industrialization, now you are!

      Remember to keep shopping or the Che Guevaras and Castros of the world win!

    36. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      Okay, now you owe 120,000 to the owners of the copyrights of 'the prisoner'.

      'I am not a consumer', is obviously a maliciously altered version of 'I am not a number!'.

    37. Re:Regarding the issue of control... by Anonymous Coward · · Score: 2, Insightful

      You can't really compare shoplifting to copying a CD. I mean, if somebody was going into houses and COPYING all the furniture and everything, that's fine.

      The analogies just don't square up.

      Our society is based on private property, because private property is the bases for accumulating wealth, and accumulating wealth is part of capitalism.

      You can always guard your private property. Bury it in the ground. Stand by it with a gun. Etc. But once you get to music, words, etc, you can't do that any more. You can't say "I'd like the world to hear my ideas, but I don't want the idea to spread unless I get paid". This type of "property" is not really property. It requires massive government power to keep it going, to enforce the contracts which directly oppose the natural activity of people. It's just a fact of nature that information can be copied. I can learn a folk song and play it for a kid, and then he's learned it too. I can't do that with a bar of gold. It's him or me in that case.

      So, being a computer programmer and (amateur) musician, I can appreciate the feeling of wanting to call on the "guys with the guns" to help you out. But it's a losing cause.

      If you don't want people copying your stuff, you just have to keep it to yourself. But the beauty of the free market is that someone will eventually step in and replace you. Too bad for you!

    38. Re:Regarding the issue of control... by shepd · · Score: 1, Flamebait

      >Think about it this way -- if one or two folks go into a store and shoplift, its a problem. BUT if they get caught, they get a light sentence. Now, what if hundreds went into stores and shoplifted as if it were institutional values?

      They call it shoplifting when you physically remove an item without permission.

      But when you walk into my shop, and then build one beside it that is identical in every way but the title, they say it's legal and that I have to tough it out.

      If I were the RIAA, I'd be asking right now, what makes it legal to steal my ideas. But I'm not.

      >Theft is theft.

      It is. That's why when I download albums from Kazaa, I make sure I don't delete the uploader's copy. That way it isn't theft, in any sense whatsoever. (Legal, English, and common usage). In fact, in Canada, the right to download music freely is protected by law, that's how much it isn't theft.

      For reference, "stealing" appears once in the US Copyright act, used to explain the act of removing a CD/phonograph/tape/whatever from your posession and use and making it my posession. Theft doesn't appear at all.

      Also, the dictionary defines theft as:

      \Theft\, n. [OE. thefte, AS. [thorn]i['e]f[eth]e, [thorn][=y]f[eth]e, [thorn]e['o]f[eth]e. See Thief.] 1. (Law) The act of stealing; specifically, the felonious taking and removing of personal property, with an intent to deprive the rightful owner of the same; larceny.

      Note: To constitute theft there must be a taking without the owner's consent, and it must be unlawful or felonious; every part of the property stolen must be removed, however slightly, from its former position; and it must be, at least momentarily, in the complete possession of the thief. See Larceny, and the Note under Robbery


      The other definitions say the same thing, but are less clear unless you look up the used words, such as "larceny".

      --
      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
    39. Re:Regarding the issue of control... by npsimons · · Score: 1, Flamebait

      We're consumers

      Excuse me, but I am not a consumer. I detest that word and the image that it implies: fat, greedy, slovenly pigs who can only consume and not produce anything of value. I can create, not just software, but music, poetry and even on occasion, rants which may get modded to "+5" on slashdot.


      I may, from time to time, "consume", but otherwise I am more than merely a mouth to feed or a customer to be bilked for everything he's worth. And that perception, I think, is one of the biggest problems of society today.

    40. Re:Regarding the issue of control... by AstroDrabb · · Score: 4, Funny
      Believe me, I do not like this "PIRATE Act" either, but it is a piece of legislation and needs to be addressed that way. Write a letter to your senators / presidential candidate.
      For this to be effective, remember to include a personal check for no less then $10,000 USD!
      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    41. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0
      Well, in some sense they always will be. We're consumers, the objects of our consumption need an origin, and corporations are that origin.
      I'm a Citizen first, and consumer when I chose to be.
    42. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      Ya and what do the stockholders care about?

      MAXIMIZING PROFITS NOT YOUR HIPPY SHARING CRAP!

      Ya, I'm sure Warren Buffet gives a shit about creative music or workers losing their jobs to outsourcing or anything except squeezing an EXTRA PENNY PER SHARE out of the workers and consumers.

    43. Re:Regarding the issue of control... by Minna+Kirai · · Score: 1

      If it were, we wouldn't need new laws. Theft is already illegal.

      So is copyright infringement. Therefore we don't really need a new law. Maybe just a little enforcement of existing laws...

    44. Re:Regarding the issue of control... by zerocool^ · · Score: 5, Insightful

      Theft is theft. If thieves were going into each and every one of your neighbors houses day and ripping them off every day, I can guarentee there will be some dead thieves and a lot of people applauding -- well except for the thieves who will be claiming that civil rights are being taken away and everyone else is a bunch of nazis.

      If you want to talk about huge conglomerates screwing over the average consumer, you better be sure that the average consumer isn't fucking things up for those few honest consumers out there first...


      Theft is theft. Peer-to-Peer is not theft.

      If you have an apple, and I take it away from you, the number of apples in the global sense has not changed; the change is purely relative: I have one more apple than I had previously, and you have one less apple than you had previously.

      If, on the other hand, you have an apple, and I clone the apple, the global number of apples has increased. You have not lost an apple, but I have gained one.

      There is no theft involved in the 2nd.

      I'm not going to try and claim to you that you're in the wrong here. It would fall on deaf ears anyway. However, if I asked you to prove that you're losing money because of P2P or whatever, you'd have to show that everyone that "pirates" your software would have bought it in the first place.

      I.E. if I download a copy of Maya or something off of a P2P network, I know that I have done something illegal (copyright infringement), however, I also know that the company has lost no money from this act, as I would never have bought it in the first place.

      Please remember two things about peer-to-peer:

      1.) The vast majority of illegally copied software and multimedia files would not have been purchased at the asking price; therefore corporations in reality lose very little money.
      2.) Very few pieces of software are worth the asking price, and even fewer corporations need the price that they're asking. It is this exhuberant overpricing that drives many people to download.

      Case in point: It is illegal to download photoshop. It is also absolutely absurd that it costs $600. It's not worth $600, and Adobe doesn't need $600 per copy.
      Case 2 in point: Windows. It is illegal to download windows. It is also absurd how much money it costs - $100 per copy. Times millions of copies a year. Microsoft doesn't need that money. Microsoft has $36,000,000,000 in the bank, in cash. If they never, ever sold another piece of software, they could continue as a corporation, and pay all of their employees at their current salary rates, solely on the interest of the money they have.

      So, in closing. Downloading software is illegal. Fucking consumers is immoral.

      ~Will

      --
      sig?
    45. Re:Regarding the issue of control... by fucksl4shd0t · · Score: 1

      you'll download the "molecular blueprint" for the GNU/shaver1.2, or whatever, and recycle local molecules into the forms you need.

      Ummmm, look. I love GNU, don't get me wrong. I run GNU/Linux here at home. But I'd *never* use a GNU/shaver. Ever. Now, if there were a razor that I could download made by Mozilla.... I wouldn't use that either.

      Hrm. Come to think of it, I wouldn't want to use most of the open source razors that might become available simply because most open source projects never get past 1.0 and become officially stable. I don't want to know what kind of bugs could possibly exist in a pre-1.0 piece of software.

      And GNU, at least lately, doesn't have the greatest track record of reliable non-vapor software past the 1.0 stage...

      --
      Like what I said? You might like my music
    46. Re:Regarding the issue of control... by Minna+Kirai · · Score: 1

      That's why when I download albums from Kazaa, I make sure I don't delete the uploader's copy. That way it isn't theft, in any sense whatsoever. (Legal, English, and common usage).

      The only way it could be theft is if you somehow deleted the copies from the original author, and then published it yourself. That's the only way "theft" can be applied to intellectual property

      Ex: "She stole my song!" "He stole my invention!". Both phrases are understood to mean that one person claimed another's idea as her own.

    47. Re:Regarding the issue of control... by core+plexus · · Score: 2, Insightful
      The cable company. No problem there-I don't subscribe. I had cable when I lived in the city, and found something like 120 channels of shit, and rehashed shit. I only watch a few shows each week on broadcast, since I get my news and other information from the net, and my movies on demand are from one of the many rental outlets hereabouts, but I have lived without either for more than a year at a time while working some jobs. One finds other activities.
      The phone company. I belong to a member-Owned Cooperative. We all get a check at the end of the year, after the money is plowed back into improving infrastructure. We are all shareholders, and have the same share. And we can vote or raise hell whenever we want. I have excellent phone/FAX/DSL/Cell way out in here in rural Alaska because of it. Sure, I could choose one of the corporate-nonAlaskan-owned services, (assuming they offer DSL) but I'd be stupid to do so. They have proven time and again to be unresponsive to their customers.
      The electric company. Same as above, except if I choose, I can generate my own electricity. We've done so at our mine forever.
      Microsoft. I use Linux.
      Viacom." I think I may have rented one of their videos once.

      My point is that we have choices. I turned off my cell and dumped cable. Unfortunately for many people, change is too difficult. I have friends who are on all sorts of drugs for 'panic attacks' and other maladies. I can suggest one month that will cure such troubles.

      Here is where I start in the rant about how America had such changes in the 1960's, and then came the 70's, and downhill to the 80's (anything made in 1980's except maybe some music in America was crap-especially cars, heavy equipment, and motorcycles), and then the 90's. Now, something like 45% of the 50% eligible to vote actually show up. Why? What happened?

      Maybe Tyler Durden was onto something.

      -cp-

      How To Change Laws and Regulations

    48. Re:Regarding the issue of control... by Matt+-+Duke+'05 · · Score: 0, Redundant

      Most of the people I know consider P2P a form of nonviolent protest.

      Bzzzt. Wrong. This is exactly the kind of thinking that is only going to make the situation worse. Now, before you all write me off, please stop for just one second and allow yourselves to listen to me objectively....

      P2P is not the solution; it is the problem. How the hell do you think we got to where we are now? Did the recording industry or the US Congress give two shits when people were trading pirated movies/music/software via IRC? Via FTP? Sure, sites got shut down and a few people were arrested, but was it anywhere near the level that we are now at? Nope. We didn't get to where we are now until Napster and the wave of P2P sharing began. Now, I know a common defense of P2P is that it does indeed have legitimate uses. I would never attempt to argue against this point, and I actually happen to agree with it. However, it would be outlandish to attempt to deny the fact that the overwhelming majority of content traded via P2P networks is pirated material. Would the industry/Congress/etc have even paid the least bit of attention to P2P if this was _not_ the case? Nope. With every single pirated file that was downloaded off of P2P networks the powers that be were pushed closer and closer to the point at which they simply had to do something. With IRC/FTP and the situation a few years ago, they could simply ignore the problem because the volume of traffic was so low as to be a non-issue. However, once Joe American and his friends were pirating massive quantites of content online they couldn't just ignore the issue any longer. P2P _forced_ them to act. And I can assure you that it this wasn't because of Mandrake ISOs being distributed through BitTorrent; it was due to the other 99.9% of P2P usage.

      Sure, the penalites being imposed don't fit the crime. I'll give you that. Sure, the extensions to copyright and other intellectual property restrictions are overbearing. I'll agree with that as well. You want to stop being treated like criminals? Well then stop acting like them. With each act of your "non violent protest" you only prove that the threat of these penalities is a non-factor in people's decisions to pirate content online. As a result, we only get stiffer penalties and more draconian laws in an effort by the industry to add a larger sum to the left hand column of the subconscious cost/benefit analysis that occurs within the average person's mind before bootlegging content online. That is indeed the logic behind these laws; the stricter they get, the more likely it will be that people think twice before downloading pirated content.

      You shouldn't be congratulating and encouraging people to pirate content via P2P networks as if it were some sort of moral imperative with equal gravity to most situations that truly deserve non violent protest. In doing so, you only make the problem worse and bring us closer and closer to the reality of Palladium and Trustworthy Computing. How's this for non violent protest: Don't buy their products. On second thought, you already meet that requirement... so how about you just don't download their content without paying for it. Instead, condemn and castigate those that do. By downloading their content, even if you haven't paid for it, you only prove to these companies that there is indeed a demand and a market for their products, in turn, legitimizing them as business entities.

      If you haven't taken in what I've said, then I'll attempt to make it more clear through a final analogy. In the United States, people have the right to buy/own/and use lockpicks. However, despite this apparent right, we still have statutory restrictions on the sale/usage/distribution/etc of these items. This is because although lockpicks have legitimate uses, they can also be used illicitly to break the law. However, you don't see the restrictions on these items continually increasing and becoming more severe. This woul

      --
      -Matt
      Duke '05
    49. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0
      Maybe Tyler Durden was onto something.
      You know it's bad when you can say something like that and other people (like me) agree with you!
    50. Re:Regarding the issue of control... by ndogg · · Score: 1

      Say, you missed your plane to Sarcasm.

      --
      // file: mice.h
      #include "frickin_lasers.h"
    51. Re:Regarding the issue of control... by Curtman · · Score: 1
      I have no choice, when it comes to cable TV

      Where is this place? Here? I'll make sure I don't even visit it. I thought Canada had so much to learn from the states when it came to competition.

      For TV, I have:

      1. Shaw (The cable company)
      2. Rogers (Another cable company)
      3. MTS (The phone company)
      4. Skycable (Wireless RF)
      5. Bell Expressview (Satellite)
      6. Star Choice (Satellite)
      7. Probably a bunch more I'm forgetting
    52. Re:Regarding the issue of control... by Curtman · · Score: 1

      2) Assuming that someone does create this device, whoever comes up with a new design for you to download will probably still want to be paid. And will try to influence politians.

      Yeah, imagine.. People giving free designs away. Lunacy.

    53. Re:Regarding the issue of control... by fucksl4shd0t · · Score: 1

      Ex: "She stole my song!" "He stole my invention!". Both phrases are understood to mean that one person claimed another's idea as her own.

      And in both examples, you basically took something that wasn't yours and claimed it as yours, so for people who took your version of it, they don't know about the original. Theft is a valid word in this case.

      What about when you copy someone's song for millions of people, and every single time you tell them who made the song, the label it's recorded under, and so forth? Is that theft?

      No. At worst, it's copyright infringement. The person receiving it knows who the original is. I've never downloaded a song that correctly said what song it was without saying who the band was. I have downloaded songs that were mis-named, probably with the intention of getting me to download it and hear someone else's music. In those cases, I had no way to find out who made the actual song I downloaded, just that I knew it wasn't the right song. Had I not known, I'd probably call it theft when I finally found out who's song it was and who's song I thought I had downloaded.

      --
      Like what I said? You might like my music
    54. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      Microsoft's dominance does not depend on copyright. It depends on patents and secrecy. They prevent other people and companies from interacting with their protocols by keeping them closed and and they take care of everybody else with patents (just like all big companies). Copyrights don't prevent someone from making something interoperable, they just prevent outright copying.

    55. Re:Regarding the issue of control... by Famatra · · Score: 2, Interesting


      I suggest that if your response is going to be essay length then use essay format. As
      it is now it flows haphazardly, and is even worse without a thesis statement as a guide post.

      Matt - Duke '05 said:
      However, it would be outlandish to attempt to deny the fact that the
      overwhelming majority of content traded via P2P networks is pirated material.


      By using the term pirate, or theft (instead of copyright infringement), you do
      yourself a disservice if your intention is to at least have the appearance of
      neutrality.

      Matt - Duke '05 said:
      However, once Joe American and his friends were pirating massive quantites of
      content online they couldn't just ignore the issue any longer.


      Massive quantities of content like radio and books + media from the library? Perhaps you mean people reading the classics for free because they were in public domain? No? Ah yes, I know the problem, the 'pirating' issue again. Solution: use law to put the content into the public domain, and expand fair use.

      Matt - Duke '05 said:
      Sure, the penalites being imposed don't fit the crime...You want to stop being
      treated like criminals? Well then stop acting like them.


      There doesn't have to be any 'crime', that is the point. The people can will,
      though voting, that copyright be a day in length. These corporations forget that
      their billions in copyright profit comes by permission of the people; these very
      people that are starting to become annoyed at being treated as criminals. Soon the people
      will simply change the definition.

      Matt - Duke '05 said:
      As a result, we only get stiffer penalties and more draconian laws...

      No. People are using p2p in defiance of the law because people have no respect
      for the law as it stands. Just as many people continued to drink alcohol during
      prohibition: stupid laws are broken, and eventually removed, when many, and
      eventually the majority, of people find them absurd.

      Matt - Duke '05 said:
      You shouldn't be congratulating and encouraging people to pirate content via P2P
      networks as if it were some sort of moral imperative with equal gravity to most
      situations that truly deserve non violent protest.


      Promoting *copyright infrindgement* as a means of civil disobedience and protest
      is perfectly ok. The real test though is if these people are willing to goto
      jail, or be bankrupted ($$$$$ in fines, or being sued). It really is too bad
      that people will have to goto jail or be bankrupted, I suggest we try to reduce
      copyright length so people will not have to have their lives destroyed over this.

      Matt - Duke '05 said:
      Don't buy their products... you only prove to these companies that there is indeed a demand and a market for their products.

      Many copyright infringers do not want their artists to go bankrupt. Some simply are aware that the RIAA was guilty of price gouging, and think that paying more for a CD then a *movie DVD* is corrupt and unfair. Others only want to try the product, and still others are not willing or able to buy it so they download it.

      (Interesting side point, many companies think they have a lost sale every time someone downloads their work. Of course this is false, if someone downloads something that wouldn't have bought to begin with there is no loss for the company. This is one reason why the estimates of losses from P2P is so outlandishly high).

      Conclusion: people have no respect for these draconian (and becoming more draconian by the day) copyright laws and it is now up to the people to make their pleasure known. Vote for candidates that want fair use rights enlarged, and copyright length reduced.

    56. Re:Regarding the issue of control... by Xabraxas · · Score: 1

      Record sales are actually up. They have been going up for years. The record companies just like to bitch and whine about losing money but they're just bald-faced liars.

      --
      Time makes more converts than reason
    57. Re:Regarding the issue of control... by Xabraxas · · Score: 1

      Your comment is idiotic at best. You chastise the poster for saying "rich white men" then you go on to call asians "orientals". I do hope you know that that term is demeaning.

      --
      Time makes more converts than reason
    58. Re:Regarding the issue of control... by Xabraxas · · Score: 1
      And GNU, at least lately, doesn't have the greatest track record of reliable non-vapor software past the 1.0 stage...

      What are you referring to? Without GNU there wouldn't be GCC, the GPL, or GNU/Linux. I trust them to build complete, professional software more than I trust most other open source projects, and most commercial operations too.

      --
      Time makes more converts than reason
    59. Re:Regarding the issue of control... by fucksl4shd0t · · Score: 1

      What are you referring to? Without GNU there wouldn't be GCC, the GPL, or GNU/Linux. I trust them to build complete, professional software more than I trust most other open source projects, and most commercial operations too.

      *sigh* There's a reason I qualified my statement with "at least recently", because recently GNU has accepted a lot of projects that are either vapor, or will never reach the 1.0 stage. They also have a few (and I'm only giving one example) that have been beyond 1.0 for awhile but I still don't trust to run reliably, keep file formats compatible, and so forth. My example is GNUCash.

      Open source development works, that is true. It works at least as often as the closed development model. In fact, it appears to me to work far more often. But it's not a silver bullet that makes software development a piece of cake, and there's plenty of bad/vapor open source software out there. :)

      And don't forget this. Never forget this! GNU still hasn't put out a reliable kernel for their OS, which is why it's GNU/Linux, rather than just plain "GNU". How long has it been in development?

      So, I'll trust GNU to give me a reliable case, shaving cream, aftershave lotion, and even the handle for my razor, but I'm getting the blade from Linus.

      --
      Like what I said? You might like my music
    60. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      or we're biomass.
      been re-reading snowcrash.

    61. Re:Regarding the issue of control... by jtcm · · Score: 1
      Stolen from someone's sig...
      I am not a "consumer". I am a CITIZEN of the United States of America.

      hehe...I appreciate the subtle irony.

      --
      @ASP.NET's parent-teacher meeting: "Little Johnny.NET is very bright, but he doesn't play well with others."
    62. Re:Regarding the issue of control... by My_Dirty_Facist_Ass · · Score: 0
      "...You want to stop being treated like criminals? Well then stop acting like them. With each act of your "non violent protest" you only prove that the threat of these penalities is a non-factor in people's decisions to pirate content online. As a result, we only get stiffer penalties and more draconian laws in an effort by the industry to add a larger sum to the left hand column of the subconscious cost/benefit analysis that occurs within the average person's mind before bootlegging content online..."


      I think you've forgotten the lessons of non-violent protest: you don't stop your protest because the power in question has increased the severity of the punishment; you continue to break the unjust law and bear the punishment in the eyes of the conscious world and hope to see the realization in the eyes of the Citizen. Soon, enough people are going to awake and see that these people in prison don't deserve to be there.

      That's revolution. Time will tell who prevails.

    63. Re:Regarding the issue of control... by MyFourthAccount · · Score: 1

      The cost of entering the operating systems market is low (if not negligable thanks to GNU and Linux)

      Uhm, the cost of the final product has nothing to do with the cost of entering a market.

      Look at the amount of man-hours that have gone into Linux (and Gnome/KDE etc etc). That's not negligable.

      Entering the OS market is _very_ expensive, if not for the incredible cost of development, then for the plain fact that MS will try to crush you.

      By definition, it's almost impossible to get into a market ruled by a monopolist. (unless you have unlimited funding, making it a very expensive market to enter)

      The only reason MS is unable to crush Linux is that it is not one entity, not one company that they can screw over. (and it has practically unlimited funding; if you consider man-hours == $$$) This is great for Linux, and I'm glad it's there, BUT it would be even better if other companies could also compete without the risk of losing everything as soon as they appear on the Redmond radar.

    64. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      "All I want is a little sanity in our legal system."

      We need a law. Maybe:

      Anyone who encourages JAILING AMERICANS FOR THE SAKE OF CORPORATE PROFIT shall be executed.

    65. Re:Regarding the issue of control... by dave420 · · Score: 0, Flamebait

      And? Want a medal?

    66. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      You chastise the poster for saying "rich white men" then you go on to call asians "orientals". I do hope you know that that term is demeaning.

      It is? Then how are we supposed to differentiate Asians (people from China, Japan, Vietnam, that area) from Asians (people from the Indian subcontinent) and Asians (people from $(foo)stan)?

      Round here (in the UK), "asian" means Indian, Pakistani, or Bangladeshi, and "oriental" is simply a word used for people from East and South-East Asia. Oh, and "black" doesn't mean "African-American", 'cos most of the blacks round here have never set foot on the American continent.

    67. Re:Regarding the issue of control... by richieb · · Score: 1
      So is copyright infringement. Therefore we don't really need a new law. Maybe just a little enforcement of existing laws...

      Good point!

      --
      ...richie - It is a good day to code.
    68. Re:Regarding the issue of control... by ruffyen · · Score: 1

      The average consumer makes $36,300 a year according to the CIA (i will leave links for proof at the end). The average main stream artist makes WELL over 1 million dollars a year. So if they have a problem with a little girl that wants to hear Brittney Spears so she downloads the song I would have to say fuck them. Secondly you stated that if someone was constintly going around and robbing our neibors that you would see a bunch of dead theives. Your damn right because the average consumer works fucking hard to buy what they have. You state that your product is being sold for $14 dollars on Ebay. How much do you sell it for. Now think to yourself...is that too much...are you suggesting (with price) that you are worth more then you really are? Just think about it. Now with the services out there that allow you to buy one song off an album im sure file sharing will go down conciderably. mainly because we dont have to sit threw 12 shitty songs just to hear the 3 (if we are lucky) that are worth a shit. That is my 2 cents and I'm out

      CIA Page

      --
      never argue with an idiot, they will only bring you down to their level and beat you with experience!
    69. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      Actually you're wrong. They have absolute accountability to the public. If they're a government controlled utility, then they are responsible to the government, which happens to be the "public". If they're a publically traded company, then they are responsible to the shareholders.

      And in the majority of the cases, they are both, and are accountable to both. And if you think that some nameless rich person in Switzerland owns everything, you're wrong! If you own mutual funds or contribute to a pension fund, then odds are, you have a stake in these companies.

      And Microsoft may be a monopoly, but it's not government controlled. If you don't like them, form your own company! Welcome to the free market system.

    70. Re:Regarding the issue of control... by red+floyd · · Score: 1

      Actually, I totally missed that one. You're right!

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
    71. Re:Regarding the issue of control... by clifyt · · Score: 3, Informative

      The average mainstream artist makes no where near $1M a year.

      Unless you are talking about the less than 100 artists a year that make it in the top 10.

      The average artist has to pay for people like me -- musicians, producers, sound engineers, music techs, studio gophers and otherwise. We don't come cheap -- i.e., we aren't paid like the taco bell employee, and honestly, its not that much more than computer technology jobs -- you need a few dozen of these around to get the job done. Making music is a business. The business might make a million dollars, but there are people to get paid, and investors (and generally, thats what the music companies are -- investors, they give you X amount of money in hopes of recouping their investments).

      Most guys I know that are in it for the long haul live pretty modestly. The president of the local home town bank probably brings home more $$$. Guys that are in it for their first hit, spend and over spend and they LOOK like that have a lot of money, until the folks that need to get paid start asking for the money. I know one guy that pays me in gear because he never has any cash -- at least he did until I realized the gear was most likely not his, but on someone elses dime. Its like paying one credit card with another. And then these idiots go bankrupt. Honestly, you and I could live this exact same way for a couple of years if we were given two big credit cards and just kept transfering the balance (I did this the first year I was in college -- $5k in credit card purchases ended up costing me $20k because of it -- I know folks that were a LOT worse -- but I was still an idiot).

      Next time you watch MTV Cribs, just realize the banks, the taxman, bankruptcy courts and the little people like me own all that -- it isn't the artist.

      As for my crap not being worth the money -- the $14 on eBay. It might not be worth it. I have quite a few folks telling me it is. If its not worth it to someone else, then they don't *NEED* them. No one is going to go hungry, no children are going to be put out of their homes if they can't aquire my products cheaply. Past that, we had to pay a lot of money for licensing for our products. One was a replication of another technology, for which we aquired permission and licensing before we even started. Regardless if it isn't worth it for one person, then they are free to contact the same persons and get the appropriate licensing, or to develop an equivelent that doesn't require any someone elses work. If they can do it cheaper, fine -- I welcome fair competition. Hell, on my website, a *LOT* of our competitors use our forums. A lot advertise on our site -- the idea of the site was a community for folks that created content for a specific group of musicians...most of our competitors are also folks we have worked with or licensed our sounds to for specific areas that they would do better in marketting them.

      Competition isn't a problem...unfair competition is. Taking something someone else creates and remarketting it as their own -- or just a free alternative -- is unfair competition.

      As for buying a CD with 3 decent songs -- quite honestly, if I spend $12 on 3 decent songs, I'm happy to hear the rest in their original context -- even if they aren't radio friendly. $1 a song is WAY too cheap -- yeah, I use those services, but I'm willing to give a musician my cash for their cd if even a few make me happy. Then again, I know what goes into making music, and thus for me, there is more value in it...the average consumer thinks 4 musicians show up for two weeks and a polished cd comes out of it all by themselves.

    72. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0
      Competition is the essence of the free market. So the question is not "how to we keep people from competing," because competition is good. The question should be, "what is the most effective method of compensation when the marginal cost of production is close to zero?"

      This problem was solved in 1849. I just read about it recently and forget the guy's name, but in a paper that became a fairly major milestone in economic thinking, an engineer in 1849 made the case that bridges should be paid for up front, rather than charging tolls. One vehicle going over an empty bridge doesn't add anything to the cost of the bridge, or interfere with anyone else as long as the bridge doesn't have too much traffic. So it's best to let people use the bridge for free, so society gets the benefit of more efficient travel, rather than charging and causing some people to travel by less efficient means.

      So now, we have a situation where the marginal cost of production for digital goods is essentially zero, and everybody's stuck on the tollbooth approach. We ought to be using protocols like Schneier's Street Performer, paying for each digital release up front, after which we let the reproduce for free. The producers can still be compensated, while at the same time we use the Internet to its fullest potential.

    73. Re:Regarding the issue of control... by Yartrebo · · Score: 1

      Good idea.

      I'd like to add that the current system of copyright actually encourages this kind of 'theft', which is better known as plagarism.

      If I commercially copy or make a derivative work off of some obscure work and leave the part that says "Copyright 1908 John Doe, All Right Reserved", there's a good chance of legal trouble. If I strip out all authorship and copyright notices, the odds of any legal trouble drop enourmously because it's unlikely that the artist's grandchildren (or the corporation's IP department) have any records of it, no less be able to match it.

    74. Re:Regarding the issue of control... by YetAnotherDave · · Score: 1

      Should have said 'copied from someone's sig'

      note that the ogiginal sig is unharmed by the copying...

    75. Re:Regarding the issue of control... by cbreaker · · Score: 1

      Rhode Island. Cox cable or no cable.

      In Massachusetts, you only have Comcast, except if you live in Boston, which I believe there may be one other company.

      And stop counting Satellite, it's not the same.

      --
      - It's not the Macs I hate. It's Digg users. -
    76. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      Case in point: It is illegal to download photoshop. It is also absolutely absurd that it costs $600. It's not worth $600, and Adobe doesn't need $600 per copy.

      Bzzzzzt!

      Actually the initial purchase of photoshop is definitely worth the $600 to a lot of people who do graphic/photo work.

      Don't state your opinion as fact, you were doing well up to this point.

      Oh and PSP is good, but still is no Photoshop.

    77. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      photoshop. It is also absolutely absurd that it costs $600. It's not worth $600, and Adobe doesn't need $600 per copy.

      Go get a book on marketing, and read the chapter on pricing.

    78. Re:Regarding the issue of control... by ruffyen · · Score: 1

      you say 1 dollar is too low...man i rap and i drop shit on CD's i dont need you or any of the other shit to sound good. i spent 20 dollars for some shit to record and i make my own beats on fruity loops...total cost maybe 100 bucks. so maybe if these "artists" could do something other then slur a few words together then they wouldnt need to spend more then taco bell money on ppl like you. So dont tell me what the average consumer thinks. The average consumer doesnt think and that is why we are in the perdiciment we are in. Its people like you that think that your self worth is WAY more then it really is. Which is why ppl like me have to DL off the net :)

      --
      never argue with an idiot, they will only bring you down to their level and beat you with experience!
    79. Re:Regarding the issue of control... by cgenman · · Score: 1

      What an intelligently well-written argument. I'll have to remember it.

      I appologize for bringing race into the argument in any form, but having lived in LA and been on the outskirts of the music, movie, and legal scenes there the power does come primarily from rich white men. It's surprising that nobody has brought up gender in that comment, as it is equally theoretically invalid. Not that the studios are run by women, but that they "can" be every bit as much as they "can" be run by someone from India. They just aren't, through a series of self-selections.

      The problem with declaring class warfare is that it will never end. The labels and studios will always be run by rich people. By being in that seat of power they become rich. Period. We can say that we want more women and "minorities" in the major positions of power in Hollywood, but it wouldn't make any sense to say that we want poor people.

      What we want is a diversity of ideas and ideals, so that it will be possible to have an actual discussion with the powerbase without all of them reasurring themselves about the validness of their incorrect ideas. Being entirely from one race and one gender hinders the interaction greatly to the point of talking to a philosophical brick wall. I'm not saying that salvation lies in having a broader range of life experiences behind the leaders of our govern... companies. I'm just saying it would help.

    80. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      Theft is theft. Peer-to-Peer is not theft.

      Peer-to-Peer is a technology. Using Peer-to-Peer to distribute something you have no rights to distribute is a crime.

    81. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      How do you deal with the file sharing problem and software theft in a sensible manner? While I applaud the effort to curb piracy I do not agree with the methods.

      I just found out last night some dumb motherfucker is selling software I sell to keep my website alive for $14 on eBay.

      I hope you have success in stopping this individual! But how about all the people that purchased from this guy? Should you go after them for the software? Better yet, because obviously eBay is used to facilitate theft, wouldn't that make every eBay a potential pirate? This is what the music industry is doing. They treat anyone using a particular technology as their enemy.

      There's got to be some accountability and some way to show intent when it comes to piracy of software and music. I don't think labelling an indivdual as a criminal is proper if the person purchases Kaaza and honestly believes his purchase gives him proper rights to access music. Sure ignorance doesn't protect but there's got to be some sanity.

    82. Re:Regarding the issue of control... by elflord · · Score: 1
      The other definitions say the same thing, but are less clear unless you look up the used words, such as "larceny".

      You quoted a legal definition. Other common-language definitions are broader, and do NOT say the same thing at all. But all of this linguistic gymnastics is BS anyway -- it's an attempt to obfuscate the issue by trying to elevate the slashdot freeloading pirate above the level of the common thief. The legal definitions are different, but morally they are much the same.

    83. Re:Regarding the issue of control... by mrogers · · Score: 1
      We're consumers, the objects of our consumption need an origin, and corporations are that origin.

      No, the actual producers are human beings. Corporations are just abstractions for organizing production and connecting producers to consumers - they can't actually create anything themselves, all they can do is own and manage. What are the sources of value? Labour, skill and raw materials. The first and second come from humans, the third comes from nature.

    84. Re:Regarding the issue of control... by 10101001+10101001 · · Score: 1

      Read the chapter on oligarchies, which is how a collection of monopolistic (copyrighted works) markets behave.

      --
      Eurohacker European paranoia, gun rights, and h
    85. Re:Regarding the issue of control... by PaladinAlpha · · Score: 1

      It's seldom my place to reply in this fashion, but this is an excellent post, worthy of publication, let alone positive moderation. Anyone who scrolled past it due to its length, go read it!

    86. Re:Regarding the issue of control... by Deraj+DeZine · · Score: 1

      While you may be correct that most pirates have not really deprived the authors of money, illegally obtaining the software/entertainment is still (surprise!) illegal. It may seem like a victimless crime, but as a recent article on Slashdot explained (my comment, blog post on "monopoly-sharing") explained, you're not giving competing products a chance at all. This, in turn, perpetuates the monopoly and encourages nothing to change in the market place that is overcharging.

      A classic example is the GIMP. If you can't afford Photoshop AND you're barred from obtaining it illegally, you either do without any photo-manipulation software or you get the GIMP. A much higher proportion of of pirates would probably give attention to competing products if they weren't allowed (or were deterred) from getting the too-expensive monopolyware. Unfortunately, all these people just pirate away and don't give free software such as the GIMP even a glance.

      The most interesting side-effect of all this is that DRM (championed by the monopolists) will force poorer consumers to look at alternatives, chipping away at the monopolies.

      --
      True story.
    87. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      The laws are not just there to punish the guilty, but to be a deterent.

      Laws aren't for either of those things. They codify what acts are permitted and prohibited within a given region. Penalties, a related but separate issue, are the deterrant/punishment.

    88. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      It's a crime, but that crime isn't called "theft".

    89. Re:Regarding the issue of control... by Catbeller · · Score: 1

      Good point!

      No, sorry, it's not. Copyright infringment is not a crime: it is a civil infraction, not dealt with by the criminal courts.

      Theft, and the "piracy" committed this asinine law, is a criminal matter. This is a criminalization of something that WAS NOT a crime before.

    90. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      You are selling proprietary software and whine about pirates... on SLASHDOT??? Hey, newsflash: we don't LIKE you with your proprietary software. Grab that, punk!

    91. Re:Regarding the issue of control... by shepd · · Score: 1

      >The legal definitions are different, but morally they are much the same.

      So, you'd have no problem with me calling a murderer a theif instead, because all he did was steal someone's life?

      Theft IS theft, when it is theft. You don't call someone a robber unless they steal your stuff. You call them home invaders, you call them lockpickers, you call them by what they are, not what they aren't. English must remain a precise and accurate language if we are to communicate thoughts correctly to each other.

      --
      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
    92. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      Yeah, and you've just used the incident to get free publicity for the software on Slashdot. Taking the value of the publicity into account, the 'loss' you are whinging about is actually a gain. Where is your argument?

    93. Re:Regarding the issue of control... by elflord · · Score: 1
      So, you'd have no problem with me calling a murderer a theif instead, because all he did was steal someone's life?

      I certainly would have a problem with it, because it's misleading. It's nearly as bad as the slashdot her using words like "sharing" to describe free-riding.

      Theft IS theft, when it is theft. You don't call someone a robber unless they steal your stuff.

      See "identity theft" (but you stil have your identity, right ?), "theft of services", etc. There are many common usages of words like "theft" and "stealing" that do not satisfy the properties the slashdot herd assign to them. The reason the slashdot freeriders go out of their way to create this distinction (which is a contentious one at best) is to legitimise immoral and illegal behaviour.

      English must remain a precise and accurate language if we are to communicate thoughts correctly to each other.

      Come on now, you understand perfectly well what is meant when someone accuses a software pirate of theft, or when someone speaks of "music stealers". The agenda that these slashdot posters are pursuing is to create a distinction between themselves and common criminals (even though they are in fact not very different at all). This is why they don't want to be referred to in language that one usually uses to describe common criminals.

    94. Re:Regarding the issue of control... by elflord · · Score: 1
      The only way it could be theft is if you somehow deleted the copies from the original author, and then published it yourself.

      Just like identity theft. It's not really identity theft unless the victim forgets who he is, or at least no longer posseses the personality traits that used to define who he was. It's just "identity infringement", which of course means the perpetrator isn't necessarily a common felon after all.

    95. Re:Regarding the issue of control... by shepd · · Score: 1

      >See "identity theft" (but you stil have your identity, right ?)

      Identity theft is used for people use take your identity to create profit and directly harm your reputation. It is identity theft for someone I don't know to apply for a credit card under my name, run up the bills and never pay them.

      It isn't identity theft if a parent has their child fill out a credit card application to get a card under the parents name that the kid will be using.

      In both instances, the type of fraud is the same (use of an identity that isn't yours) but the consequences are completely different. Theft clearly implies a guaranteed and direct loss due to the action. No such guanrantee can be made about music downloaded from P2P. In fact, in a country like mine, a PROFIT *can* be guanranteed, as there is a piracy levy on media here paid to artists.

      >"theft of services", etc

      Again, the same as above. If you mange to get free long distance service illegally, for example, you are utilizing a service that was never provided to you -- a service that is directly costing the phone service money each time you abuse it.

      Along the same lines, satellite piracy is not theft of service (no matter how much satellite companies pretend it is), as satellite signals are provided to you free of charge will the full knowledge you will have complete access to them despite not paying for them. It would become theft of service if the signals being pirated were two way, however.

      >you understand perfectly well what is meant when someone accuses a software pirate of theft

      No, I don't.

      If someone accuses me of theft, the first question I ask is "Ok, so you don't have the item anymore? Where is it now?". If they do have it, and know where it is, then I ask them to prove when they lost it. If they can't do that, I don't talk to them anymore -- they lack command of English, and that simply makes it stressful for me to interact with them.

      >The agenda that these slashdot posters are pursuing is to create a distinction between themselves and common criminals (even though they are in fact not very different at all).

      No, the agenda is to correctly use the language.

      If someone wants to accuse me of piracy, they are right. I pirate music from usenet all the time now. This is ok, I have no problems with people accusing me of things I do. I would be foolish otherwise.

      But when people accuse me of doing things I haven't, I have a problem with it. And so does everyone I know. If that seems strange to you, so be it.

      >This is why they don't want to be referred to in language that one usually uses to describe common criminals.

      They want to be referred to with the correct words in the language being used. I won't call a meat eater a murderer because an animal is killed for such activity. It isn't the correct word.

      In the same vein, I expect to be called a music pirate because I pirate music from usenet. However, don't expect to be called a theif when I definately don't steal.

      All I want is what's fair.

      And I definately don't think it's fair to call an entire nation Theives because their laws allow, nay, require music piracy in the economic sense; just as it would be equally unfair to suggest all Americans are Homicidal Maniacs because they punish people by killing them.

      --
      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
    96. Re:Regarding the issue of control... by geekee · · Score: 1

      The phone company, cable company, and electric companies are all government granted monopolies controlled for the most part through government regulation. When the government gives one company the exclusive right to a network, such as in the above instances, are you surprised at the problems the govt. creates. Blame the government for these problems. They created them. As for MS, they've paid over a billion in fines now for anti-trust violations, which doesn't give me the impression that they run the govt. by any stretch of the imagination. I don't know what planet you live on, but I know what's going on on this one.

      --
      Vote for Pedro
    97. Re:Regarding the issue of control... by horza · · Score: 1

      Then again, I could just be a bit pissed off right now. I just found out last night some dumb motherfucker is selling software I sell to keep my website alive for $14 on eBay. He packaged about $100 worth of my software (as well as others that do sound design that I'm friends with), and claiming that he should be free to do it because he's not really making a profit -- he's only recouping his cost from burning the discs and sending them out. And thats not even the levels of P2P -- so far, according to his profiles, its only 2 dozen people that will never need to buy my stuff because they have it for almost free.

      Put in some basic copy protection, eg you have to register it online after a 30-day trial period after which it stops working. Then let him distribute to his hearts content. Even putting it on P2P will only help your software sales. If he or someone else starts distributing a cracked version then there is a clear cut-and-dry case of wrongdoing. You can call the police and have him dealt with, and you can take him to court and claim damages.

      All this is nothing to do with P2P though.

      Phillip.

    98. Re:Regarding the issue of control... by clifyt · · Score: 1

      I wish I could -- this is specific software for synthesisers. It runs on synthesizers. No copyprotection allowed once the stuff is downloaded to the computer for tranfer to the machine.

      The installers that have this DO ask for a password, and we've though about watermarking the patches, but thats treating the client like a criminal right then and there. The few pieces of utility software that run on the PC / Mac are pretty generic -- but they are ours. I would HATE to make that registration based. Again, it treats customers like criminals.

      As it stands, there is a clear cut and dried case of wrong doing.

      I just don't want to do anything that would treat folks in any way I wouldn't want to be treated...the software is for professionals (the synths it runs on start around $5k) and I would expect professionals to act as such. Most do. I shouldn't have to change the way I do business just because a criminal forces me to do so.

      Having said that, I completely understand why folks get all up in arms about their content being taken and given away. I can understand why they would want harsh penalties. I can understand why they think the consumer is a competitor and treats them like shit. I try not to do this because I have employement that is outside of this field. If it was my sole line of income, I'd have a different opinion on this -- my business manager for this enterprise *DOES* live off the income of the music industry and his opinion is much harsher than mine. And I can relate to that...

    99. Re:Regarding the issue of control... by elflord · · Score: 1
      In both instances, the type of fraud is the same (use of an identity that isn't yours) but the consequences are completely different. Theft clearly implies a guaranteed and direct loss due to the action. No such guanrantee can be made about music downloaded from P2P.

      But you still have your identity, right ? You're making up the definition of theft as you go, and I submit that you are hell-bent on making this distinction NOT because you are interested in "precise use of language", but because you are upset that pirates are being described in the same language that describes common criminals. If the criminals and their sympathisers really were so concerned about correct use of language, they wouldn't constantly abuse the word "share".

      Again, the same as above. If you mange to get free long distance service illegally, for example, you are utilizing a service that was never provided to you -- a service that is directly costing the phone service money each time you abuse it.

      What about taking a free ride on an almost-empty train ? What about sneaking into a movie theater ? There are several examples of theft-of-service that do not cause direct and quantifiable losses. So these do not meet your new and improved definition of theft either. It's looking quite bad for you at this stage, isn't it ? This distinction between criminality and piracy is getting thinner and thinner as the discussion progresses (-;

      No, the agenda is to correctly use the language.

      No it isn't. It never has been. It's about a battle for legitimacy, and one place this battle is fought is over language. It's disingenious to argue that you're a warrior for correctness. By and large, the pirates are all-too-happy to mislead with their use of language: "information", "sharing", etc. The consistent pattern is that both sides consider the "correct" use of language to be the one that furthers their agenda.

      But when people accuse me of doing things I haven't, I have a problem with it

      Exactly -- this is what it boils down to. You think that you're better than a common thief, so you don't like being called one. I don't think you're any better, so I'm happy to call you one.

    100. Re:Regarding the issue of control... by Anonymous Coward · · Score: 0

      I just found out last night some dumb motherfucker is selling software I sell to keep my website alive for $14 on eBay

      And what does this tell you? If this person can repackage your product and sell more copies than you, then you should be looking at your business model not his. Maybe you are too greedy and charging more than the market is willing to pay. Maybe you will have to lower your per unit price and hope you sell more units. Maybe you wasted your time on a product that was not profitable. Maybe you should spend less time trying to stop him and more time trying to outsell him.

      Welcome to the free market motherfucker, this is what you will have to live with in an unregulated free market. Look at China, copies and cheap knockoffs rule their markets. It will happen here.

    101. Re:Regarding the issue of control... by shepd · · Score: 1

      >There are several examples of theft-of-service that do not cause direct and quantifiable losses.

      Nope, and those aren't good examples, either. There are different laws to cover your examples, with clear and proper names:

      >What about taking a free ride on an almost-empty train ?

      Tresspass and loitering on Private Property.

      >What about sneaking into a movie theater ?

      The same as above, but I am pretty sure there are additional penalties in law for this. Theft isn't one of them. You'll need to speak with a real lawyer to get the exact name of the law -- I don't run a Theatre, I run a computer store.

      Which, BTW, gives me far more right to define what piracy really is as far as theft goes, because, when someone pirates, *I* potentially lose a sale. I'm the one who, when it comes down to the wire, could be the one taking the worst of it if piracy were preventing sales.

      However, having run a store, there's two types of people (when it comes to software, music is a separate issue from this):

      - People who will pirate everything. These people would run MS-DOS if it were the last software they could get for free. I have signs up stating that usage of the FCKGW windows XP key will get them blastered (you can't install SP1) and they say "Ah, who cares? I'll just reformat every time that happens".

      - People who pay for what they use. These people will pirate only software they can't get, either because the price is too high (example: Honest students learning SolidWorks), or because the software isn't sold anymore (Old games). Anything that is in their price range (which, for home users, ends at about $149 from my experience), these customers buy -- unless it's actually free.

      THAT'S why I argue the difference. It isn't theft if there's no loss.

      Also, I argue the difference because I know for a fact that far fewer people would puchase computers if they couldn't/wouldn't pirate. From my experience, I would generously suggest that there would be 50% fewer computers in North American homes in that case. You can rest assured that's not good for anyone.

      >It's about a battle for legitimacy, and one place this battle is fought is over language.

      If people are going to twist language to fight their battles, then they are using a pawn with no ability to defend itself. It's despicable behaviour and must stop.

      >By and large, the pirates are all-too-happy to mislead with their use of language: "information", "sharing", etc. The consistent pattern is that both sides consider the "correct" use of language to be the one that furthers their agenda.

      If you don't think the term pirate (one that *has* been successfully co-opted for your personal enjoyment) is good enough, feel free to use the legal term: Copyright Infringement.

      >You think that you're better than a common thief, so you don't like being called one. I don't think you're any better, so I'm happy to call you one.

      So, the entire nation of Canada are theives to you? That's nice. How about you stay on your side of the border and keep the hell off our land? And Americans wonder why it is that they aren't popular with the rest of the world. It's attitudes like this that are why.

      BTW: Your assertion that paying for pirated music (which we do by a levy) is theft is absolutely ludicrous and until you can come up with a good explanation for that, I must say, that is a glaring hole in your logic.

      --
      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
    102. Re:Regarding the issue of control... by elflord · · Score: 1
      Nope, and those aren't good examples, either. There are different laws to cover your examples, with clear and proper names:

      Sure, there are legal terms for them, but they are still good examples, because they are examples of common-language usages of the word "theft" that do not meet the criteria you put forth. I don't see very much of the pro-piracy herd whining about the usage of such terms (and they have come up in prior slashdot articles)

      Also, I argue the difference because I know for a fact that far fewer people would puchase computers if they couldn't/wouldn't pirate.

      I disagree. There are several means by which vendors make software cheaply available, usually by special editions, bundleware deals, etc. If people couldn't/wouldn't pirate, they would expend more effort in finding low-cost shareware, and in finding bundleware deals so that their new computers are outfitted with a functional base of software.

      If people are going to twist language to fight their battles, then they are using a pawn with no ability to defend itself. It's despicable behaviour and must stop.

      I agree. So tell the pirate mob to stop attempting to use linguistic trickery ("information", "copyright infringement", "sharing") as a way to pass off their behaviour as legitimate. They use the term "copyright infringement" because this term does not in itself imply a crime of the same magnitude. For example, reposting a newspaper article is copyright infringment. The very language of the term suggests a technical violation (much like a parking offence, or some other minor infraction)

      If you don't think the term pirate (one that *has* been successfully co-opted for your personal enjoyment) is good enough, feel free to use the legal term: Copyright Infringement.

      I'm happy with the term "thief" actually. It really hits home hard, because it is right on the money.

      So, the entire nation of Canada are theives to you?

      Straw man.

      BTW: Your assertion that paying for pirated music (which we do by a levy) is theft is absolutely ludicrous

      It is absolutely ludicrous, but it is not an "assertion by me". Personally, I think the Canadian way of doing it -- centralised payment -- is just plain dumb, and it's only half a step away from just using income taxes to fund it. It's the socialist way. I agree that one can use the socialist approach to compensate the authors of creative works, but I don't think it's the best approach at all.

    103. Re:Regarding the issue of control... by shepd · · Score: 1

      >Straw man.

      You can't use that when the argument is based on a known fact that affects millions of people. Your argument must be strong enough to at least support the general case. If it can't even do that, then it's dead.

      To quote:

      In a straw man fallacy the opponents argument is distorted, misrepresented or simply made up. This makes the argument easier to defeat, and can also be used to make opponents look like ignorant extremists.

      I didn't distort your argument. You believe all pirates are theives. Canadians are pirates, by law. Does it not therefore follow that Canadians, by your definition are theives? Think this through. Are you willing to start making exceptions where your rule doesn't fit? If so, then where do you draw the line?

      Anyways, since you aren't willing to read the dictionary and are willing to falsely state facts, I give up. I won't reply anymore. It's a pointless debate if you insit on using English improperly.

      --
      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
    104. Re:Regarding the issue of control... by elflord · · Score: 1
      I didn't distort your argument. You believe all pirates are theives. Canadians are pirates, by law.

      Canada have a broadly based taxation system to compensate artists (CD blank media taxes). They are not thieves, because they pay for the work, though the mechanism is different (and, I would argue, somewhat flawed).

      Anyways, since you aren't willing to read the dictionary and are willing to falsely state facts, I give up. I won't reply anymore. It's a pointless debate if you insit on using English improperly.

      This discussion isn't and never was about "proper use of English". It's about an attempt on the part of pirates and their sympathisers to get a foothold on legitimacy by obfuscating the issue. It's not so much that I think "theft" is the most precise term that motivates me in this discussion as it is my contempt for the fact that pirates are attempting to redefine themselves as something other than common criminals, and I'm not going to let them do that.

    105. Re:Regarding the issue of control... by shepd · · Score: 1

      >They are not thieves, because they pay for the work, though the mechanism is different (and, I would argue, somewhat flawed).

      I agree it's a flawed system, but unless Canadians are downloading music from artists that receive compensation, it's legalized piracy. The vast majority of music Canadians download (again, coming from experience of being paid to back up hard drives that are nothing more than MP3 collections) is not even Canadian, never mind even being Canadian music from compensated musicians.

      >It's not so much that I think "theft" is the most precise term that motivates me in this discussion as it is my contempt for the fact that pirates are attempting to redefine themselves as something other than common criminals, and I'm not going to let them do that.

      Feel free to do so. I don't think any different. However, punishment and labels should fit the crime. 1/4 million dollars and 5 years in jail is not an appropriate judgement when killers have been known to get lighter sentences, yet many advocates of using the word "Theft" rather than Piracy (such as the RIAA and various media companies) believe that a pirate deserves a sentence longer than Charles Manson's.

      The fact is your hard work is worth something, but there is no hard work in the world I can think of that is worth condemning a man to 5 years of jail and a 1/4 million dollar fine, if said work is used incorrectly.

      --
      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
    106. Re:Regarding the issue of control... by elflord · · Score: 1
      I agree it's a flawed system, but unless Canadians are downloading music from artists that receive compensation, it's legalized piracy.

      It's not exactly piracy, because the downloader is paying. They're just not paying the right person. It's a misappropriation of funds by way of incompetence (and inefficiencies in this socialist way of doing things), not by way of selfishness. I see them as being well-meaning idiots.

      owever, punishment and labels should fit the crime. 1/4 million dollars and 5 years in jail is not an appropriate judgement when killers have been known to get lighter sentences, yet many advocates of using the word "Theft" rather than Piracy (such as the RIAA and various media companies) believe that a pirate deserves a sentence longer than Charles Manson's.

      Keep in mind that maximum sentences are not the same thing as sentences actually served. My position is that sentences and punishments should be commensurate with those used for theft and fraud. I understand that more severe cases of fraud can carry lengthy jail terms and fines (longer than those proposed by these laws) depending on the scale of the offence.

      The fact is your hard work is worth something, but there is no hard work in the world I can think of that is worth condemning a man to 5 years of jail and a 1/4 million dollar fine, if said work is used incorrectly

      Martha Stewart is probably going to serve a few years or so just for being the *recipient* of information that she wasn't supposed to get her hands on. It's not like she was setting up a chop shop (as in boiler room) or defrauding her investors (Enron, where the finance chief faces up to 10 years after pleading guilty). Fraudsters can and should go down hard, even if they do happen to come from good middle class white families.

    107. Re:Regarding the issue of control... by squiggleslash · · Score: 1
      No, I didn't read Neal Stephenson's article. Believe it or not, he isn't God. Indeed, if he's written what you're saying, he knows little or nothing about AT&T's history.
      AT&T president Theodore Vail in 1907, was that the telephone by the nature of its technology would operate most efficiently as a monopoly providing universal service. Vail wrote in that year's AT&T Annual Report that government regulation, "provided it is independent, intelligent, considerate, thorough and just," was an appropriate and acceptable substitute for the competitive marketplace.
      -- AT&T

      Before AT&T accepted regulation, it was still not a government sponsored monopoly, except for the narrow head start it had through Bell's patents (a head-start that lasted less than twenty years during which the Bell System did very little to built itself up.) AT&T for the most part was a bunch of Bell licensees that was eventually bought up by AT&T corporation, coupled with various independents who found basic issues of interconnection made it more valuable to be part of the AT&T network than to remain independent.

      The reason that you don't see new cable being laid by startups is that it is expensive, and competing in a market that is already dominated by a few players does not look good on your VC application.
      That's exactly what I said.
      --
      You are not alone. This is not normal. None of this is normal.
    108. Re:Regarding the issue of control... by squiggleslash · · Score: 1
      Uhm, the cost of the final product has nothing to do with the cost of entering a market.
      Who said it did?

      If you want to enter the operating systems market, right now, today, you can pick up a copy of GNU/Linux, make whatever tweaks you want, and start selling CDs. Cost of entry is basicly whatever you want it to be. There are Microsoft wannabees selling CDRs on eBay.

      However, you have absolutely no chance of succeeding, no matter how much money you throw at it, but you can afford to enter the market.

      Now compare that to starting a cable TV network, or a telephone company, or an electricity company. You can't even enter the market, regardless of whether you think you stand a fighting chance or not, without investing hundreds of millions for anything but the most trivial operation.

      --
      You are not alone. This is not normal. None of this is normal.
    109. Re:Regarding the issue of control... by MyFourthAccount · · Score: 1

      If you want to enter the operating systems market, right now, today, you can pick up a copy of GNU/Linux, make whatever tweaks you want, and start selling CDs

      yeah right, whatever.

      I can run a cable to all my neighbors and start a cable TV network for practically no cost either.

      That's a totally irrelevant and has nothing to do with seriously entering the market.

      Using your terms, companies selling CDRs with Linux _are_ the most trivial operations and have no fighting chance in the OS market.

    110. Re:Regarding the issue of control... by squiggleslash · · Score: 1
      I can run a cable to all my neighbors and start a cable TV network for practically no cost either
      Really. Actually, no you can't. If you're planning to do this legally, you're going to find few places you can just "run a cable", most of the time you're going to have to bury it. Remember that $10,000 a yard figure I quoted? I didn't make that up. You're also going to have to negotiate content with content providers. Can you do that? And can you really, seriously, offer your service to anyone within a large, well defined, area, in the same way as a cable provider?

      Answer, no. You can't.

      Seriously entering the operating system market is a "name your price" issue, the more you spend, the larger the market but, thanks to the laws of diminishing returns, the larger the losses. You and I can enter the operating systems market right now and make a profit, by selling CDs of GNU/Linux - we wouldn't make enough to be able to do it full time, but burning a thousand CDs, putting ads on eBay, and mailing 'em out every Friday doesn't require much and would, at least, pay for itself. But we stand no chance of attaining significant market share, we stand no chance of having long term viability, doing so. So we don't.

      With telephony or cable TV, we also stand little chance of attaining significant market share no matter how much money we spend, but we're going to have to start by spending hundreds of millions of dollars just to create the infrastructure to compete.

      The entry costs are minimal. Unlike cable TV. Unlike telephony.

      --
      You are not alone. This is not normal. None of this is normal.
    111. Re:Regarding the issue of control... by shepd · · Score: 1

      >Keep in mind that maximum sentences are not the same thing as sentences actually served. My position is that sentences and punishments should be commensurate with those used for theft and fraud

      In that case, you and I agree.

      The maximum fine for shoplifting a copy of windows XP or a few Audio CDs (for example) is between $250 - $500, however, on the average, most people receive a fine of about $100. If that's what people were charged with when they pirate it, then I'd be happy to agree.

      However, as has been demonstrated, piracy of 1 CD or a dozen, the RIAA wants all your money (I can't imagine that little girl had more than $100).

      --
      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
    112. Re:Regarding the issue of control... by Xabraxas · · Score: 1
      *sigh* There's a reason I qualified my statement with "at least recently", because recently GNU has accepted a lot of projects that are either vapor, or will never reach the 1.0 stage

      I guess you shouldn't have contradicted yourself then when you said "track record". That indicates a long term fuck up. GNU has a good track record. That's all I'm saying. They may have some problems now but their track record is very good.

      And don't forget this. Never forget this! GNU still hasn't put out a reliable kernel for their OS, which is why it's GNU/Linux, rather than just plain "GNU". How long has it been in development?

      True, but it's a microkernel, which is not exaclty a simple architecture. I suppose this might be one area where a simple community of developers is just not enough. You need computer scientists and experienced programmers to create a microkernel.

      --
      Time makes more converts than reason
    113. Re:Regarding the issue of control... by Xabraxas · · Score: 1
      It is? Then how are we supposed to differentiate Asians (people from China, Japan, Vietnam, that area) from Asians (people from the Indian subcontinent) and Asians (people from $(foo)stan)?

      Easily. First you can call them people. Then if that doesn't work you can call them Japanese or Chinese or whatever their country of origin is, if you feel it is necessary to differentiate people. "Oriental" is very demeaning. It is a western word that infers delicacy and fragility. People of Asian descent despise the term "Oriental".

      --
      Time makes more converts than reason
    114. Re:Regarding the issue of control... by dave420 · · Score: 1
      Oh - my bad. I forgot this was /.

      Bad dave420! Naughty dave420! How dare you remind everyone that being a citizen of the US isn't that great a deal!

  23. Another excuse for throwing your enemies in jail. by Anonymous Coward · · Score: 4, Interesting

    Million and millions of Americans take part in the sharing of illegal programs/music/movies on the internet, often without their knowledge. At the risk of sounding hackneyed, this kind of law makes it even easier for "Big Brother" to throw potential troublemakers in jail.

  24. Definately the wrong answer... by gaijin99 · · Score: 5, Insightful
    Prison sentences for non-violent crimes seem like a bad idea from every angle I look at them. Prison sentences for stealing a single copy of the new Madonna song sound incredibly stupid.

    "Sharing" music on a P2P network is stealing, yes, but under what odd twisting of logic can it be worse than shoplifting the CD?

    We are seeing the music industry going steadily more insane every day, and when something with that much money goes mad life gets interesting. Piracy isn't right, but it is inevitable during the transition between the RIAA and whatever distribution/compensation model we invent to replace it. Draconian laws with punishments as inappropriate as this one wants are definately not the solution to theft of music.

    I find it especially ironic that the same congress that can't seem to punish the aristocrats who steal millions from their employees wants to send people to jail for up to ten years for stealing a little music...

    --
    "Mission Accomplished" -- George W. Bush May 1, 2003
    1. Re:Definately the wrong answer... by Paddyish · · Score: 4, Informative
      "Sharing" music on a P2P network is stealing, yes, but under what odd twisting of logic can it be worse than shoplifting the CD?

      Sharing on a P2P network is not stealing. Copyright infringement is a completely different issue. Jail time is definately the wrong "solution".

    2. Re:Definately the wrong answer... by Anonymous Coward · · Score: 3, Insightful

      "Sharing" music on a P2P network is stealing, yes

      Well, the record companies would like it if everyone thought that way, so they attempt to make a simplistic analogy between information and physical objects. Our intuitions and ideas about whether it is wrong to take an object away from someone else don't directly apply to merely making a copy of something. There's a good reason we have separate laws for theft and copyright infringment. I strongly urge you not to fall into the habit of treating them as the same thing.

      Anyway, the REASON they hate copying more than simply walking into a store and taking a cd out with you is that they can can control the latter, not the former. Control is their game, and they're dead scared their "business model" will go the way of the dodo at any moment. Instead of adapting to the market they are treating millions of good Americans like criminals.

    3. Re:Definately the wrong answer... by siege04 · · Score: 3, Insightful

      Here's a thought.. if we're going to get thrown in jail for downloading a copyrighted song, why not just steal the CD from Wal-Mart? If we get caught the punishment will be way less severe than jailtime.

    4. Re:Definately the wrong answer... by Anonymous Coward · · Score: 0

      If it comes to that, I hope nobody buys OR steals OR copies anything put out by the bastards. That'll learn em (but just watch, then they'll make it illegal to not buy music from them or perhaps they'll tax all blank media sold in the US - WAIT they already do that, ugh)

    5. Re:Definately the wrong answer... by LGagnon · · Score: 1

      Prison sentences for non-violent crimes seem like a bad idea from every angle I look at them.

      I'd agree with you if it wasn't for the existance of white collar crime. When a corporation steals millions from the American people, I think someone should be doing time for it.

    6. Re:Definately the wrong answer... by Saeger · · Score: 1
      Prison sentences for non-violent crimes seem like a bad idea from every angle I look at them.

      What about the angle of artificial job-creation in an economy that needs fewer workers because of outsourcing and productivity gains? Much better to put the rabble in jail with selective enforcement of bogus law, instead of letting their idle hands get to thinking about revolt.

      --

      --
      Power to the Peaceful
    7. Re:Definately the wrong answer... by YetAnotherGeekGuy · · Score: 1

      "Sharing" music on a P2P network is stealing, yes, ...

      "Stealing" - No.

      If sharing were a violation, all libraries would be guilty. The violation is in copying.

      If I lend you a book, you are not stealing to read it. If I copy a book, and sell it to you it is stealing.

      I can't possibly listen to all the songs that I have ripped to .mp3 at the same time. If technology exists that allows me to share my music, yet preserves the principle of only one listening to it at a time, no copyright violation should have occurred.

      Compare the music and publishing industries' approach to the technology: one is fighting it tooth and nail, the other is embracing it. And look at who is prospering. You don't win markets by pissing off your customers. And when times change, you change with them or perish.

      --

      to the Engineer, the glass is neither half full nor half empty. Its just two times too big.
    8. Re:Definately the wrong answer... by zymurgyboy · · Score: 1
      If people stole CDs from Wal*Mart in the same volumes they shared mp3s, they'd be facing grand larceny charges instead of infringement of copyrights. Yikes! Comparable prison sentences, felony conviction, no more voting rights... not a great prospect. I wouldn't want either one on my permanent record, but I know which one I'd pick given the choice.

      This misses the point somewhat in the rationale laid out on Senator Hatch's page. The argmument being that people who wouldn't otherwise walk into Wal*Mart and grab the biggest stack of CDs they could carry and run out of the store are effectively doing the same thing online because they can more easily get away with it and in many cases, don't even realize what they're doing isn't strictly legal.

      --
      If you never make mistakes, it's probably because you're not doing anything.
    9. Re:Definately the wrong answer... by Anonymous Coward · · Score: 0

      I think it's time I tossed my CD collection into Boston Harbour.

    10. Re:Definately the wrong answer... by zymurgyboy · · Score: 2, Insightful
      Prison sentences for non-violent crimes seem like a bad idea from every angle I look at them. Prison sentences for stealing a single copy of the new Madonna song sound incredibly stupid.
      Yeah for that non-violent crime, sure. But if come into my house and steal my furniture -- even if you don't kick my ass -- I still want you to go to jail.
      --
      If you never make mistakes, it's probably because you're not doing anything.
    11. Re:Definately the wrong answer... by salesgeek · · Score: 1

      If we get caught the punishment will be way less severe than jailtime.

      This is exactly the injustice that we've all been trying to express for some time now. That and the fact that copyright infringement is almost impossible no to commit as it's almost impossible to know what is and is not copyrighted and what is or is not fair use. Instead of all these draconian laws, how about some clarity?

      --
      -- $G
    12. Re:Definately the wrong answer... by Anonymous Coward · · Score: 0

      "Prison sentences for stealing a single copy of the new Madonna song sound incredibly stupid."

      No, stealing a copy of the new Madonna song is just incredibly stupid.

      Paying for it is even stupider.

    13. Re:Definately the wrong answer... by gaijin99 · · Score: 1
      When a corporation steals millions from the American people, I think someone should be doing time for it.
      Naah, jail is either a place to isolate the truly dangerous, or its a punishment because its a hellhole. I'd rather not put people into hellholes, even the Enron execs.

      The most appropriate punishment for corporate crime is simple: first, pass laws that make convicted corporate criminals give *all* the money back. Then add penalties equal to 75% of their total net worth after they gave back the stolen money. Then forbid them from owning stock or bonds or having anything to do with the stock market, or ever serving on any board, as any executive position, etc. The idea being that they've that they've proven they can't be trusted to be involved in business, so we simply forbid them from being involved in business except as mailroom clerks or something similarly powerless. No need for jail, and I'll bet that my proposed penalties have a lot more "deterant" value ^_^

      --
      "Mission Accomplished" -- George W. Bush May 1, 2003
    14. Re:Definately the wrong answer... by gaijin99 · · Score: 1
      If sharing were a violation, all libraries would be guilty. The violation is in copying.
      You're playing wordgames. "Sharing" on a P2P network *is* copying. The fact that its called "file sharing" does not make it sharing, its still copying.

      I download from P2P networks betimes. I'm not pretending to be some paragon of virtue, I'm just not going to be hypocritical and pretend that it isn't copyright violation, and therefore theft. I was one of the users of Fairtunes until it colapsed because while I have a pretty callous attitude towards stealing from the RIAA, I don't want to steal from the actual artists. Today, since fairtunes is no more and I haven't found a replacement I buy merchendise (which gets the musician more money than CD sales).

      --
      "Mission Accomplished" -- George W. Bush May 1, 2003
    15. Re:Definately the wrong answer... by YetAnotherGeekGuy · · Score: 1

      You're playing wordgames.

      No, I'm not playing wordgames. I'm merely pointing out that the crime is not in sharing. Its when you create persistent copies without due consideration to the owner of the copyright. And we have the technology to keep it from being persistent duplicates (its just not implemented that way today).

      Imagine this. All the songs that i users own. A network of the shared songs, shared in a common pool. And a player that's smart enough to only allow n copies to be played at any instance among all the i users (where n is unique to each song -- i.e., a different n for each song, acording to how many copies of each have been shared in the pool by the users).

      We have the technology, and it wouldn't be copyright violation as long as the participants in the pool didn't keep persistent copies. We just haven't implemented it that way today. But we could. (I'm also not saying that it would be trivial to implement because you'd have to work through the details to accomodate timeouts and recovery. But its feasible with the technology we have today.)

      The whole point is that we currently overconstrain the problem, when we assume that all sharing is a copyright violation. I've clearly shown a counterexample that isn't (and its not just semantics or "wordgames").

      --

      to the Engineer, the glass is neither half full nor half empty. Its just two times too big.
    16. Re:Definately the wrong answer... by gaijin99 · · Score: 1
      I said you were playing word games because you were attempting to define what we now call "file sharing" as "sharing". Your hypothetical system would, indeed, be sharing. But you know damn well that isn't what people mean when they say "file sharing", they mean "file copying". Which is what I was addressing, which is why I said that "file sharing", in the sense that the word is actually used, not in a hypothetical sense, is stealing.

      The system you propose is interesting, and would doubtless result in the destruction of the RIAA as well. Its only flaw is that while perfectly legal it wouldn't actually generate much money for the musicians. Its a nifty idea, and might be quite useful in the noble cause of crushing the RIAA, driving them before us, and hearing the lamentations of their lawyers. In the long run though we'll still have to figure out a way to pay the musicians.

      --
      "Mission Accomplished" -- George W. Bush May 1, 2003
    17. Re:Definately the wrong answer... by YetAnotherGeekGuy · · Score: 1
      So you are missing two points:
      • It is not the act of sharing that violates copyright, its the concurrent use afterwards , and
      • Defining "file sharing" broadly and casually, gets in the way of identifying a solution among mutually exclusive constraints. (This is from the Theory of Constraints and the Evaporating Clouds method in Goldratt's Thinking Process. You can choose to call it word games, if you must -- its not. Exactitude is crucial to making it work. Note that the solution proposed above would be rejected under the casual definition we started with.)
      Finally, given all the music services that are finally here, its easily conceivable to add the ability to buy music to the system, such that you overcome your objection to it not generating revenue for the musicians. The fact that the incentive to do so is lessened, is a consequence of the technology moving forward (and really independent of this solution in a world of file sharing technology). Its a reality that the Music Industry is clumsily failing to deal with today. Being able to get priority to listen to the songs that you have contributed to the pool, would likely be sufficient incentive to buy an additional copy of your favorites. Especially since you have lowered the barrier of the foregone opportunity (buying a different song) by 1 over i (the number of other users who could buy that other song).
      --

      to the Engineer, the glass is neither half full nor half empty. Its just two times too big.
    18. Re:Definately the wrong answer... by elflord · · Score: 1
      >Our intuitions and ideas about whether it is wrong to take an object away from someone else don't directly apply to merely making a copy of something

      Our "Intuitions and ideas" are ultimately self-serving and biased. If a given behaviour is common and seen only to have consequences for us, the natural instinct is to practice that behaviour and rationalise it. The reason that the slashdot herd's "intuitions and ideas" legitimise freeloading is that the slashdot herd benefit from freeloading.

      There's a good reason we have separate laws for theft and copyright infringment.

      Yes, just like there are good reasons to have separate laws for burglary and shoplifting. There are differences in the details, but not in the morality of the perpetrator.

      There's a good reason we have separate laws for theft and copyright infringment.

      Yes, because god forbid that we call a thief a thief. He's not really a thief, he's a "sharer", who is practicing "civil disobedience", or whatever, right ? The fact that he's from a good white middle class American family means that he can't possibly be a criminal, right ?

      nd they're dead scared their "business model" will go the way of the dodo at any moment.

      When there is widespread looting, shop owners have similar fears. This is not a reflection of flaws in the business model, it is a reflection of a state of lawlessness. Caving in to the demands of the looters is not a solution, and looting is not a "business model". If this business model is to die, it must be replaced by a better business model. Again, crime is not an acceptable business model.

      they are treating millions of good Americans like criminals.

      Someone who steals is not "good". They are a criminal, and should be treated like one. Lock 'em up! bwahahahahahaha

  25. Aint Slashdotting great by Aczlan · · Score: 3, Funny

    Less than 30 comments and the server running Orrin Hatch's Senate page is slashdotted..... Well now we know where the budget is not being spent

    --
    "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote
  26. boy, they have balls... by Roger+Keith+Barrett · · Score: 5, Insightful

    ...the P2P companies are trying to ransom the entertainment industries into accepting their networks as a distribution channel and source of revenue.

    This is HILARIOUS! They're accusing P2P "companies" of trying to get a monopoly on music distribution? Isn't that a little like Napoleon accusing Hitler of being a dictator? Holy tamoly, these guys got balls.

    Secondly... the fact that they use "companies" shows once again that they don't get it. Computer networks don't have to be sponsored by companies! These lawmakers are so deluded that they not only do they allow corporations to overrun the country, they refuse to acknowledge that indviduals even exist anymore.

    It gets worse every day...

    --

    Why don't you embrace your slashbotness instead of living in a dreamworld?
    1. Re:boy, they have balls... by Anonymous Coward · · Score: 1, Interesting

      The crooked dirtbag Hatch's reasons for this law seem to be nonsense, so what is he really doing? I'll bet the real purpose is to scare away Linux users by claiming that they are participating in "piracy", since we all know that SCO and its parent company Microsoft own Linux, Mars, Venus, the Moon, etc.

    2. Re:boy, they have balls... by shark72 · · Score: 1

      "They're accusing P2P "companies" of trying to get a monopoly on music distribution?"

      Not sure where you got the "monopoly" part. They are accused of ransoming the entertainment industries into accepting their netorks as a distribution model, not the only one.

      "Secondly... the fact that they use "companies" shows once again that they don't get it. Computer networks don't have to be sponsored by companies!"

      You are correct that a network does not need to be sponsored by a company, but the fact is that some of the big P2P networks are run by some pretty big companies. Read the original remarks again and you'll probably see that the implicit target is Sharman Networks and their ilk. Kazaa is making money hand-over-fist in advertising revenue. If, magically, all the pirated material were gone from Kazaa tomorrow, they wouldn't have a business model.

      --
      Sitting in my day care, the art is decopainted.
    3. Re:boy, they have balls... by higuy48 · · Score: 1
      They are accused of ransoming the entertainment industries into accepting their netorks as a distribution model, not the only one.
      That's bad enough. Everyone has to realize that with this technology, there is no way to ignore downloads, whether P2P or iTunes or internet radio recording. Accusing them of using the consumer to force the RIAA to accept them is laughable. I don't want to buy crappy albums. If they're free, than fine. If the songs are good, I might see Band X in concert. If the ALBUM is good and an inspired effort, I'll buy the album for $20 AND go see them in concert.
      --
      And now, for a sig that's a complete copout.
  27. Consituents speak out by plankers · · Score: 5, Informative
    The way to stop this sort of thing is to be a constituent of Hatch or Leahy. If you are one, make it clear to them that they will not get re-elected with behaviour like this. And then tell your neighbors, friends, coworkers, etc. what these two guys are up to, and ask them outright to never vote for them again.

    The rest of the country cannot get these two corrupt, entertainment industry pawns out of office. Only Vermont and Utah residents can. Do not re-elect these two. While it might seem they are doing good, they are doing long-term damage to the country, including your states.

    Send a message to Leahy

    Send a message to Hatch

    Please do it now before these two turn the U.S. citizens into entertainment industry criminals and slaves, and infect every other nation with these ideas.

    1. Re:Consituents speak out by BlueCup · · Score: 1

      Heh, I for one, will definitely be putting my vote elsewhere.

      --
      WANNAWIKI Wannawiki WannaWiki WANNAWIKI!
    2. Re:Consituents speak out by Jaalin · · Score: 2, Insightful

      Leahy's not nearly as bad as this makes him out to be. He's been a great senator for Vermont, and is generally fairly liberal. He's sponsored tons of bills that I love, inluding the PATRIOT Oversight Restoration Act. And I have to admit, the PIRATE act doesn't seem all that bad. It would simply allow civil prosecution, which makes sense in cases where criminal charges seem too harsh. And since the RIAA is filing civil charges anyway, I'd much rather have the Department of Justice investigating and charging than the RIAA.

    3. Re:Consituents speak out by plankers · · Score: 1

      Please, please, please tell them that, too. It only takes a minute to say what you just posted here.

      The only reason these guys care so much about money is to get re-elected. If you tell them that it isn't going to matter how much money their campaign has because you folks aren't going to re-elect them either way, they'll listen.

    4. Re:Consituents speak out by plankers · · Score: 1

      It just seems ridiculous. But you have a good point about the civil prosecution. Criminal prosecution always seemed way too harsh.

      I still mean what I said about constituents telling their senators what they think. They are supposed to represent their constituency, and if I didn't know the system better I'd think that at least Utah is out to get the rest of the U.S.

    5. Re:Consituents speak out by niko9 · · Score: 1

      They woudn't know if you were a truly a constituent either way, so I guess it woudn't help for everyone here to email those two knuckleheads.

    6. Re:Consituents speak out by metlin · · Score: 1

      You think its going to matter? These guys are mere puppets of the corporates - its about time people realized that.

      And they probably receive "gifts" and "payoffs" from the corporates for creating laws that uphold and protect what is enshrined in our Constitution, no doubt.

      If its not these guys, someone else will do it tomorrow. Blame the RIAA, MPAA and the corporations - thats the root of your problems.

    7. Re:Consituents speak out by plankers · · Score: 1

      I do think it will matter. Instead of griping about their actions, make it known to them that you are not happy with them. If Orrin Hatch lost his next election it would send a really powerful message. It would be a message to everybody in Congress, as well as the corporations and their lobbyists.

      If you can't vote directly for Hatch or Leahy, send a message to your state's senators, too. Tell them that you are not happy with what Hatch is doing and that you, as a constituent of theirs, do not want them voting for any of this nonsense.

      Even though I am extremely happy with one of my senators (Feingold), I am sending them both a message saying that I dislike these bills and I want them to not vote for them. How else will they know what I, as their constituent, wants?

      For the record, I do blame the MPAA, RIAA, etc. but I also blame our senators for not representing the people. And I blame the people of the U.S. for allowing this crap to have gone on this long and far.

    8. Re:Consituents speak out by brain_not_ticking · · Score: 0

      My family recently moved (from Boston, MA) to Utah. I guess that makes me a constituent of Hatch. [sarcasm]Yay[/sarcasm]. I, and (as of 3/22/04) my younger sister are both able to vote. My ex-girlfriend goes to the University of New Hampshire (UNH), and is also able to vote.

      I plan on educating everyone possible about these two tyrants. Mr. Hatch and Mr. Leahy will be receiving a lot of (deserved) criticism regarding this bill.

      I strongly suggest that every other UT and NH residents do the same!

    9. Re:Consituents speak out by Mike+Hawk · · Score: 1

      Please do it now before these two turn the U.S. citizens into entertainment industry criminals and slaves...

      This statement exposes your fundamental misunderstanding of the situation. Even if I accept the notion that "stealing" music would make me a "criminal" and buying music makes me a "slave" (riiiiiiiiiiiiiight, like buying food makes me a slave to farmers), there is still option #3 - be neither. Don't listen to any of it at all. Make your own. You won't die if you don't hear the newest Metallica song. If their business model is truly obsolete, let it die. Don't consume their product for free or for fee. The fact that people still do both only goes to prove them still viable.

      For your personal reference:
      False Dilemma

    10. Re:Consituents speak out by ameoba · · Score: 1
      The way to stop this sort of thing is to be a constituent of Hatch or Leahy


      Not quite true, unfortunately the rest of us would be forced to use less than legal means to properly get our point across.
      --
      my sig's at the bottom of the page.
    11. Re:Consituents speak out by wytcld · · Score: 1

      Thanks for the link. Sent this:

      Dear Senator Leahy:

      I read that you are promoting a bill to create additional penalties for (wrongly-named) "piracy," so as to favor the increased stranglehold on American creative culture by large media conglomerates. Since Vermont has a vibrant, grass-roots creative culture most of which receives no benefit from the current near-monopolies headquartered in Gutersloh, London, Los Angeles and New York -- and which largely thrives despite them -- are you doing this just for the campaign funds from this slick and decadent industry? Let's be straight: these guys are as crooked as the oil industry and there is equal shame in cozying up to them as they attempt to prevent the transformation of the marketplace by new technology into a space much more conducive to the sort of healthy, spontaneous and integral creative culture which is particularly on the forefront in our home state.

      Regards,

      --
      "with their freedom lost all virtue lose" - Milton
  28. Orrin Hatch by CdnShaggy · · Score: 1

    If memeory serves me correctly, Sen. Hatch a few years ago, was involved in some controversy. His state of D.C. had voted in favour of passing a medical marijuana bill. He passed legislation saying that those votes couldnt be counted. This sort of thing doesnt surprise me.

    1. Re:Orrin Hatch by johnthorensen · · Score: 1

      Orrin Hatch is a senator from Utah, not the District of Columbia.

      And I have a hard time believing the Latter Day Saints would elect a guy in favor of any sort of marijuana...

      :)

      -JT

    2. Re:Orrin Hatch by Anonymous Coward · · Score: 0

      Actually, he's just a cockmongler who takes it up the behind from the movie/music industry. Pretty obvious he's into politics for the money and little else :P

  29. A serious question. by mcc · · Score: 5, Interesting

    Out of curiousity.

    Some time ago on Slashdot the possibility of a "geek PAC" was discussed.

    This is a quesiton somewhat along the same lines. Essentially:

    Exactly how much money would it require to do whatever necessary to* remove Mr. Orrin Hatch from a position of legislative power in the United States government?

    I think you could find a variety of private citizens, from a number of corners, who would be ecstatic to donate to such a cause, due to the probable benefit it would have in terms of protecting the civil rights, artistic expression, and technological progress of this nation. Slashdotters annoyed at his attempts to introduce increasingly violent anti-file-sharing bills are just the tip of the iceberg.

    * legally

    1. Re:A serious question. by tfreport · · Score: 1

      From what I know about Utah politics, money won't do it. I am not sure legally you would be able to. Here's the facts about Utah:

      their state House has 18 Democrats out of 75 Reps.
      their state Senate has 7 Democrats out of 29 Senators
      there are no statewide Democrats currently sitting in the government - at least that I could see
      both US Senators are Republicans
      Two out of Three US Congressman are Republicans

      Hatch is up for reelection in 2006. Will win easily if he is not beat in the primary. Not sure that any strong Republican candidate will run against this particular incumbent. He is widly popular and is nationally known bringing huge amounts of porkbarreling to his state, the whole time screaming about how we need to cut spending (I have small Republican states, they get more than their fair share of taxes and always complain that the government is too small...)

    2. Re:A serious question. by covox · · Score: 2, Informative

      Looks like Senator Orrin Hatch is building himself quite a track record (originally with his bulletproof scheme of remotely destroying illegal filesharer's PCs, and the large amount of stolen JavaScript used on his webpage) One can only wonder how long it will take for the suits at the RIAA to come to terms with how they can't shut down or neuter this "internet" thing, no matter how many potential customers they litigate to poverty. Personally, I'm all for a messy, violent demise of the recording industry (and Orrin Hatch, just to be on the safe side), so that my children (and hopefully my children's children) will never have to be subjected to the absolute horror of hearing an 'Australian Idol' finalist sing ever again.

    3. Re:A serious question. by IamLarryboy · · Score: 2, Interesting

      "* legally"

      I assume that you mean according to the laws on the books. However, as an American you have the AUTHORITY and the RESPONSIBILITY to uphold your constitution and your declaration of independence ABOVE any other laws. I believe that this and MANY OTHER LAWS do not honour those documents. It is your duty to remove any representative that votes in favor of such laws BY ANY MEANS NECESSARY including the use of force. As near as I can tell this includes all of them with the exception of Rep. Ron Paul of Texas.

      ps: I am sorry for the offtopic post. However, the revolution IS coming whether you want it to or not. You best be prepared.

    4. Re:A serious question. by rastos1 · · Score: 1
      >Exactly how much money would it require to do whatever necessary to* remove Mr. Orrin Hatch from a position of legislative power in the United States government?

      Did anybody implement Assasination Politics already?

  30. Prison is a big business by MacFury · · Score: 4, Interesting
    and, who wants to put in jail?

    I think you meant to ask, "who wants to put everyone in jail?"

    Prison is a booming industry. People make massive amounts of money keeping others locked up. Prison's even have lobbyists to help guide harsher laws.

    Of course, rich people seldom go to jail. Congressmen and high ranking government officials are rich and abstracted from the common man. They could care less about you. You're just dollar signs to them.

    1. Re:Prison is a big business by dryeo · · Score: 3, Insightful

      And if prisons are your business it is much better to fill them up with computer nerds, pot smokers, and other non-violent types. Who wants a bunch of violent prisoners in their prison?

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    2. Re:Prison is a big business by BJZQ8 · · Score: 1

      Is there a "jail event horizon"...I mean a point where everything in the world becomes a jail, and all of its residents are incarcerated?

    3. Re:Prison is a big business by FLEB · · Score: 1

      >50% saturation?

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    4. Re:Prison is a big business by zymurgyboy · · Score: 1
      Actually, I believe the lobbying efforts are more geared toward appropriation of lands and monies to fund the building of additional prison space more so than for extending prison terms for particular crimes. Much of the prison business has been outsourced from government control to corporate businesses that promise to do it cheaper and better.

      The companies building, maintaining and staffing the outsourced prisons are behind a lot of the lobbying.

      --
      If you never make mistakes, it's probably because you're not doing anything.
    5. Re:Prison is a big business by backdoorstudent · · Score: 1

      Yes. When the inside of the prison becomes indistinguishible from the outside - i.e., a complete collapse of government into anarchy and chaos.

    6. Re:Prison is a big business by highwebl · · Score: 0

      Actually, working for corrections in a state without privatly run prisons, we work hard to keep people out. It costs the state way too much money to keep a person in prison who doesn't need to be there. When the average prison in a state is 20% over capacity, prison is not a big buisness. It is a money pit. Every time a legislator makes "tougher laws for blah blah blah", it doesn't come with a funding increase or a budget to build a new prison. All we can do is shake our heads and wonder where we are going to put them.

    7. Re:Prison is a big business by Anonymous Coward · · Score: 1, Interesting
      Indeed - and I think we're going to see the prison business (and the associated criminal (in)justice business) more and more involved in making laws in the future.

      It will, for instance, be almost impossible to decriminalize soft drugs - not because they're icky and terrible, but because they provide lots of fodder for the criminal (in)justice industry - and most especially the prison industry. I recently heard a prison guard talk about how terrible the prisoners all are - no matter how slight their crime - and any suggestion that any of them be let free was countered with horror stories clearly intended to scare the shit out of all and sundry. "I know these people", he kept saying and "You don't want these people free to rape your children and ..."

      Always makes me wonder - we keep hearing about how this and that can't be funded, or how money is running out, or how the budget deficit is growing - but how much money are we just tossing at the police, courts, lawyers and the prison industry to keep more and more people who've done less and less in jail (or waiting to go there)?

  31. "priracy" "children" "human shields" "pornography" by Anonymous Coward · · Score: 2, Insightful

    I started to count the usage of each of these words or phrases in the speech but couldn't finish because of nausea.

    It seems that he'd like us to believe that we must have this bill to protect children from pornography - although no place does he suggest protecting the IP rights of pornographers from file sharing children. I wonder why not?

    Read carefully the paragraph where he justifies government intervention if 1) the level of file sharing becomes particularly egregious; or, 2) public health and safety are put at risk; or, 3) private civil remedies fail to deter illegal conduct. Pay particular attention to each of these - any one of which he claims justifies government action.

    "Particularly egregious"? Legally defined as exactly what level of file sharing?

    "Public health and safety"? The public well being is threatened by sharing music how?

  32. Author? by Amorpheus_MMS · · Score: 2

    I wonder if it was the MPAA or the RIAA that wrote this one. ;)

  33. My wish by Anonymous Coward · · Score: 0, Troll

    I wish Orrin Hatch would die. This is not an off the cuff response, I really wish he was dead. I think things would be a lot better if maggots were burrowing through his flesh. That is all.

    1. Re:My wish by Anonymous Coward · · Score: 1, Insightful

      Why not actively campaign against him instead of killing him? ( seems better :) )

      Try to get the Green Party to put freeflow of information and copyright reform in their platform then run or vote for them.

    2. Re:My wish by Anonymous Coward · · Score: 0

      I think he's already dead, but the daily dose of adrenaline given to him by staff members is what allows his body to still appear to function. Kind of like Monty Burns.

  34. What if... by Anonymous Coward · · Score: 0

    What if you just put '.jpg' on the end of all your songs rather than '.mp3'?

  35. Re:one solution.. by ewhac · · Score: 4, Insightful

    Apart from armed rebellion, voting is the only meaningful feedback mechanism you have, and is considerably less messy, so I suggest you use it.

    The press has been bought off. Shame is obsolete. Overt corruption has somehow morphed into an asset. Bald-faced lying to the public no longer surprises anyone, much less gets anyone in hot water. And, if you're not careful, voting will become just another CBS/Gallump/Diebold opinion poll, with every bit as much scientific and moral validity.

    Don't give up the last lever you have.

    Schwab

  36. Support the EFF by morelife · · Score: 0

    The EFF knows how to fight this crap and is doing so. Oh, and, let's vote the Bush administration out of office too. Before we have a police state.

    1. Re:Support the EFF by Anonymous Coward · · Score: 0


      Let's not elect Bush in 2004, either.

    2. Re:Support the EFF by Anonymous Coward · · Score: 0

      How long have they been around now? Really don't remember and really don't care based on their record. Thats right they're just living off of the geek cultures donations and doing nothing.

  37. Glad I'm not the only one by the_twisted_pair · · Score: 0

    who finds this kind of thing disingenuous.

    Example, most cinemas in the UK now have the usual pre-screening stills preceeded by a dire anti-taping warning headed FACT - allegedly the 'Federation Against Copyright Theft'.

    Come on guys, you're not convincing anyone. Trying to co-opt language smacks of desperation, not moral right.

  38. Yay us! by Spad · · Score: 5, Funny

    Slashdotting the US Senate webserver - that's got to be a new high point for /.

    1. Re:Yay us! by Valar · · Score: 1

      Well, you know what they say. Vote with your packets.

    2. Re:Yay us! by Amorpheus_MMS · · Score: 1

      Too bad our terrorist bit has now been set by Homeland Security.

    3. Re:Yay us! by preposterity · · Score: 1

      You're working on the premise that slashdot visitors will read the article.

      Stop it.

    4. Re:Yay us! by DigiShaman · · Score: 1

      Maybe we should /. their webservers more often. The effect will reach them far better then a single e-mail...which no doubt will get filtered anyways.

      --
      Life is not for the lazy.
  39. amazing,, by Roger+Keith+Barrett · · Score: 4, Insightful

    It's really amazing...

    When jobs are oursourced overseas or we bring people in with H1 visas they tell us "let the free market decide" and that we shouldn't be "protectionist."

    But when one of their corporate buddies starts to have a problem, they pull out the guns. It goes for music as well as drug companies (not allowing us to reimport drugs from Canada is definitely protectionist).

    Boy... how long can any of us hold out faith in our government?

    --

    Why don't you embrace your slashbotness instead of living in a dreamworld?
    1. Re:amazing,, by Anonymous Coward · · Score: 0
      It's really amazing...

      When jobs are oursourced overseas or we bring people in with H1 visas they tell us "let the free market decide" and that we shouldn't be "protectionist."


      Yup. Read Noam Chomsky my friend. Specifically, have a listen to this lecture where he discusses exactly what you're talking about in your comment. It may answer a few questions.

      (The torrent is a bit old but there are still some people sharing it.)
  40. not good for SCO by geekee · · Score: 2, Interesting

    So can Daryl be jailed for p2p sharing of linux under violation of the GPL? GPL is simply a copyright agreement after all.

    --
    Vote for Pedro
  41. Great by Azureflare · · Score: 5, Insightful
    Now, what does this bill accomplish?

    Does it go after the big time pirates?

    No, because those big time pirates are in other countries.

    This bill will enable companies to destroy families by throwing the 16 year old kid in jail for sharing expensive applications.

    What harm are file sharers doing to society? Why does their action warrant time in court and/or prison?

    I fail to see how this will even help corporations who see piracy as a problem. Often the reason people download expensive software is because they can't afford the price. Sure, that's no excuse, BUT will those companies see increased revenue as result of these actions?

    So, what does throwing these kids in jail accomplish?

    It just makes our government look like it is under the thumb of the corporate world.

    Actually, I think this is good, in a way. Perhaps it will start to move more people towards Open Source applications, where downloading software is not illegal. I honestly think the reason Windows is so popular is because of the initial ability of users to easily pirate the operating system.

    I pray for a day in which people will not be put in jail for downloading programs. Perhaps 2005 really is the year of linux?

    1. Re:Great by Anonymous Coward · · Score: 0

      "So, what does throwing these kids in jail accomplish?"

      It's part of a hidden agenda. The goal of any government is to exert it's power over the population. The trick is in a "democratic" society like ours, the people have to believe it really is democratic and not just an illusion. The way you do this is through propoganda, creating an image of the world which doesn't really exist -- compare to dictatorships where the people are kept in line through the use of physical force.

      However, now the roots of propoganda are being eroded by the Internet and so the government and the corporations (which are actually the same thing, but that's a different discussion) are systematically demonising it by way of propoganda. The very name for example, tells you all you need to know about this act. The problem they have though is that no amount of propoganda alone will ever stem the threat to their establishment from the Internet and so western democracies are increasingly resorting to the techniques of the dictator. Throwing people (as you say, kids at that) in prison for trivial offences is an example of this. Another is curbing free speech, which this law also accomplishes.

      This won't be the last law that regulates the Internet incidentally, it's just the beginning.

  42. Very Disapointed! by Famatra · · Score: 1

    I am very disapointed at Orrin Hatch and Patrick Leahy's half hearted attempts to criminalize the free flow of information, surely they could have gone further?

    What the media corporations should have demanded from their Senate bought minions is a bill that outlawed all transfers of copyrighted material without permission, i.e. no more nasty pirates reading books for free at libraries, or borrowing music, videos or software there either.

    Oh well, I guess that's on their agenda for next week ;).

  43. Social Evolution of Corporate Power by handy_vandal · · Score: 5, Interesting

    Sure, we say it all the time, "Corporations are running the country," meaning that corporations have undue influence over lawmakers; but it's getting to the point that we're going to have to find a stronger statement, like "Corporations are completely and utterly in charge of every aspect of our daily lives, using the government and their nearly exclusive control of all media content to keep it that way."

    Social evolution in action: corporations are more efficient -- better adapted to their environment -- than nation-states.

    Nation-states, in their day, were more efficient than kingdoms; which were more efficient than city-states; which were more efficient than tribes; which were more efficient than individuals.

    I don't like it, but I accept that it's nature's way: the strong flourish, the weak fail.

    Mein Gott, what can we do?

    About corporate power? We can do nothing.

    Live your life well, try to bring more love than hate into the world. That's all. No big stuff -- no Revolution, no Topple the State, no Stop the Corporations. Work to your scale, as an individual; the rest is History.

    -kgj

    --
    -kgj
    1. Re:Social Evolution of Corporate Power by CrookedFinger · · Score: 5, Interesting

      Or you could continue to take part in the development of newer, more distributed models of power that are more efficient than large corporations...

    2. Re:Social Evolution of Corporate Power by handy_vandal · · Score: 1

      Or you could continue to take part in the development of newer, more distributed models of power that are more efficient than large corporations...

      Optimistic, yet admirable. I think I'll add you to my Friends list.

      Are you suggesting some kind of social-P2P metaphor?

      -kgj

      --
      -kgj
    3. Re:Social Evolution of Corporate Power by black+mariah · · Score: 2, Funny

      Er... like Socialism? Sounds good to me.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    4. Re:Social Evolution of Corporate Power by _Sharp'r_ · · Score: 2, Insightful

      The problem is that as we allow the government to gain more and more power over our lives, people who want to use that power for something are more and more attracted to controlling the government and it's leaders.

      The excuse is always that the government will be able to "help" solve a problem, but just needs to excercise some more power, so that well-intentioned individuals go along with it. Of course, then they go home and those with vital interests at stake take over the power-wielding functionaries.

      The only long-term solution is to strictly only allow a government enough power to enforce basic protection of individual freedoms and nothing more. Otherwise, the excercise of power "for good" invariably becomes simply the excercise of power for the highest bidder or the most interested.

      See The Road to Serfdom.

      --
      The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
    5. Re:Social Evolution of Corporate Power by Fnkmaster · · Score: 4, Interesting
      Corporations are more efficient at creating wealth than nation-states, but they are essentially just an expression of capitalist tribalism within the nation-state. They aren't necessarily or always more efficient at maximizing happiness or utility or any of the other measures of what is "good" in the world than the nation-state.


      Laissez faire wasn't handed to us by the gods, and it doesn't necessarily maximize utility within the nation-state to adopt that position. I don't have an answer to the other poster's challenge about providing better alternatives to the corporate structure for efficiently organizing economic resources, except to note that especially in the centers of wealth, we are moving to a service-based economy in this country. And services are often better performed in semi-collaborative trade groups or professional service corporations, like legal partnerships and medical practices. I'd love to see better structures for organizing larger, product-oriented companies, such as networks of collaborating service or trade groups that cooperate for mutual economic benefit.

    6. Re:Social Evolution of Corporate Power by incom · · Score: 1

      Would you like fries with your lobotomy?
      Blissfully ignorant isn't the be all and end all, sometimes you need a functioning "real world" too.

      --
      True genius is grasping a situation like a peice of fruit, and peircing it just right so that it drains dry.
    7. Re:Social Evolution of Corporate Power by incom · · Score: 1

      I wasn't implying that you were mentally damaged btw hust to clear things up, just a commentary on what the world would become if people were to take heed of your advice.

      --
      True genius is grasping a situation like a peice of fruit, and peircing it just right so that it drains dry.
    8. Re:Social Evolution of Corporate Power by RickHunter · · Score: 5, Insightful

      Congradulations, are you happy being part of the problem?

      Ignore anyone who tells you that you can't do anything. That you're powerless. That its inevitable, that its good for you. Ignore anyone that tells you to sit down, shut up, and eat whatever shit they feed you. Because they're wrong. You can do something, and that's what they're scared of. All it takes for evil to triumph is for good men and women to do nothing.

      And no, corporate power isn't better-adapted to its environment than nation-states. To be more specific, Darwinian theories of evolution do NOT apply, as there IS NO ENVIRONMENT. What we have here is a power grab by a small segment of the population, one trying to return us to the "glory days" of late-19th-century Industrial Feudalism. The fact that they're using a philosophy as weak and repulsive as Social Darwinism to support their position is just the icing on the cake.

    9. Re:Social Evolution of Corporate Power by Anonymous Coward · · Score: 0

      I don't like it, but I accept that it's nature's way: the strong flourish, the weak fail...About corporate power? We can do nothing...Work to your scale, as an individual...

      Truly inspirational words to live by. Are you French by any chance?

    10. Re:Social Evolution of Corporate Power by petabyte · · Score: 3, Insightful

      You're misusing the definition of a nation-state. A nation is a group of people that feel like they belong together as a group. A state is large government agency. Americans are a nation that have a state. You don't have to have a state to be a nation though - the Palestinans are a nation as are the Kurds (I tried to avoid those examples due to the feelings involved but couldn't think of nothing else).

      Anyway, getting back to the matter - a kingdom can be a nation-state, as can a city-state for that matter. The question really becomes how big a group of people do you need to have to be a "nation" but thats neither here nor there.

      Live your life well, try to bring more love than hate into the world. That's all. No big stuff -- no Revolution, no Topple the State, no Stop the Corporations. Work to your scale, as an individual; the rest is History.

      That quote is deeply disturbing. I can't tell if you're playing Snowball in Animal Farm or the Ministry of Truth in 1984. I'm not about to advocate revolution but sitting back and letting others decide your life has to be the stupidest thing I've ever heard.

    11. Re:Social Evolution of Corporate Power by Qacker · · Score: 1

      Thats not a good thing

      --
      Learn lisp today!
    12. Re:Social Evolution of Corporate Power by Kirijini · · Score: 5, Insightful

      Bullshit.

      Regardless of your claim that corporations are more efficient than nation states (which is a whole other argument, and is like comparing apples to oranges), I dispute that we should accept corporations as our government. Why? Because I believe that the best government is that which is for the people, and responsible to them. Efficiency is totally irrelevant - the question of what is the best government is a question of morals, beliefs, passions, and theology, not mathematics and work-motion studies.

      Furthurmore, resolving that, since you are an individual, you have neither influence nor potential for influence at a national level is dead-end thinking and as repulsive a philosophy as handing government over to corporations. I could point out that people in power are individuals, and such an empirical argument is enough refutation, but taking it to a normative level is more satisfying: You can say that small scale things, like helping people out of a burning building, or giving directions to lost people, are good and important, but involving yourself in a cause you believe will improve everyones lives, like participating in a campaign to roll back the influence of corporations in national politics, is inherently superior in goodness and importance. I hate to quote a movie here, but "The greatest evil is the indifference of good men."

      And finally, it isn't social evolution, it'd be political evolution.

    13. Re:Social Evolution of Corporate Power by bersl2 · · Score: 1

      Congratulations. Thank you for your interpretation of history.

      </sarcasm>

      I disagree.

      You rise to the occasion if the chance is offered to you. You band with like-minded individuals to form a group with more influence than the sum of its parts. Often you know that what you might do might cause wide-spread effects.

    14. Re:Social Evolution of Corporate Power by al.cx · · Score: 2, Informative

      Corporations are a legal construct within the state. If you do away with the state, then you're also doing away with the corporation.

      Let me put it another way; the nation-state *is* the enviroment in which the coporation exists.

      Now, If you want an explanation as to what is occuring today...

      "Fascism should more properly called corporatism, since it is the merger of state and corporate power."

      - Benito Mussolini

    15. Re:Social Evolution of Corporate Power by name773 · · Score: 0

      About corporate power? We can do nothing.
      maybe the people who work for corporations could...

    16. Re:Social Evolution of Corporate Power by Anonymous Coward · · Score: 0

      No big stuff -- no Revolution, no Topple the State, no Stop the Corporations. Work to your scale, as an individual; the rest is History.

      Never give into this kind of fatalist defeatism.

      Dare to Struggle!
      Dare to Win!

    17. Re:Social Evolution of Corporate Power by fferreres · · Score: 4, Insightful

      We can do nothing.

      Yes we can, and we will (I hope). Look at your evolution trend:

      Individuals -> Tribes -> Cities -> Kingdoms -> Countries...

      Now follow the line of reasoning: ... Countries -> Multicountry pseudo governments (like EU) -> World Government

      The trend is for organizations to become wider. The day many people WORLDWIDE are fucked up, because capital respects no country, and cares about nobody, is the day that you'll begin to see a push for a worldwide government that can regulate capitalists worldwide...they will have nowhere to hide.

      Some thing will be governed worldwide, some others in a regional way, just like Federal and State governments can peacefully coexist, so will countries. But the shift will not be swift...

      The other alternative is that 99% of the population become slaves or exterminated (less jobs available than people, remember automation?).

      --
      unfinished: (adj.)
    18. Re:Social Evolution of Corporate Power by fferreres · · Score: 4, Insightful

      Corporations are more efficient at creating wealth than nation-states

      Correction: Corporations and their laws are more efficient at extracting wealth. They do not necesarily create wealth. For example, a company can be granted a monopoly, and become the most valued company on earth (Microsoft as one of the examples). But that does not create wealth at all. They are charging you more than they are offering in return, because you or your other companies have no other option than to pay the extra "price". And all other companies and their citizens earn less. The thing becomes worst with patents, as they can not only extract wealth from everyone else, they can STOP progress by laying mines of restriction on what everyone else in the world can do. That's not only granted by the pantents themselves, but by the assimestric nature of justice (big company dumps 100 millons in lawers and you have to defend yourself with much less...in effect).

      So no, companies PER SE, are not better at creating wealth, only humans create wealth, after all, it's all our work.

      --
      unfinished: (adj.)
    19. Re:Social Evolution of Corporate Power by Anonymous Coward · · Score: 0

      Corporations more efficient? Um... maybe... but don't be so sure.

      Take health insurance for instance. IIRC US Govt. Medicare/Medicaid programs run with about 1% administrative overhead whereas private health insurance companies run at 30-40% because of profits, advertising, marketing and executive salaries/bonuses and so on.

      So "who's more efficient" is not always so cut-and-dry. In fact it IS more efficient at siphoning money off to do things other than what's intended, so if that's what you mean by "efficient" you are correct.

      Look at energy deregulation and ask Californians just how efficient things got when your "social evolution" was allowed to run amok there. (Think Enron).

      Government's are good M'Kay? They're only as bad as we let them become IF we "do nothing" like you recommend.

      Anyway I feel like I'm feeding a troll here so I'll stop.

    20. Re:Social Evolution of Corporate Power by humanerror · · Score: 1

      Social evolution in action: corporations are more efficient -- better adapted to their environment -- than nation-states.

      Nation-states, in their day, were more efficient than kingdoms; which were more efficient than city-states; which were more efficient than tribes; which were more efficient than individuals.

      I don't like it, but I accept that it's nature's way: the strong flourish, the weak fail.

      Mein Gott, what can we do?

      About corporate power? We can do nothing.

      What you and most everyone seems to have forgotten is that corporations are legal fictions, created by the state, and granted privileges by the state.

      Corporations do not have rights. All assertions and arguments that they do are bullshit based on bad money buying bad law. See also: Santa Clara County v. Southern Pacific Railroad (118 U.S. 394), and subsequent cases in which corporate counsel got inattentive Justices to introduce into case law rulings based on a headnote which was no part of that first case in which the Chief Justice remarked before arguments that all the Justices were of the opinion that corporations were protected under the 14th Amendment as persons.

      Corporations are creatures of the State. They are not Citizens. Citizens are the masters of the State. This current conflict over P2P and the RIAA in general is but a small part of the really big battle, wherein corporations seek to be elevated to the rank of Citizen, and thereby lawful masters of their only lawful master, lord and creator. Do the math.

      --
      "We're an apex predator with the fecundity of a base level herbivore... We're a virus with shoes..." RazorJAK
    21. Re:Social Evolution of Corporate Power by renehollan · · Score: 1
      Social evolution in action: corporations are more efficient -- better adapted to their environment -- than nation-states.

      About corporate power? We can do nothing.

      Gee, how defeatist.

      Consider, when the product is software, cooperatives have demonstrated that they can give the supposedly efficient mega corporation a damn good run for it's money.

      I'm talking, of course, about Tux vs. Microsoft. Microsoft has admitted that Linux is it's biggest threat.

      Now, I don't think that Microsoft is going to disappear any time soon, but I do think that the desire for a free operating system had a lot to do with the collaborative effort that made Linux a reality, heck, Windows didn't satisfy Torvalds' view of what an operating system should be and he started to scratch that itch.

      "But," I hear the gentle reader protest, "you can't make money writing and giving software away for free."

      Perhaps not, but that isn't the point -- I don't rake my yard to make money. I don't organize my house just so to make money. I do these things to make my life easier -- the effort I expend is justified by the benefits I reap. And so it is with free software -- individual investments in tool-building compounded by collaborative network effects "on steroids". We do it to save money, or reduce expenses, in the sense of making our lives easier, rather than increase revenue. Last time I checked, income=revenue-expenses. You don't have to increase revenue to increase income. Inflation causes both revenue and expenses to increase over time, so there is effectively no limit to expense reduction, save time.

      The funny thing is that I make my living writing non-free software licensed for millions of dollars to a handful of organizations, and that most people wouldn't even want to be free, as they'd derive no use of it (well, some might be handy to be free to a small minority, and it is a bit of an ethical dilema to keep it non-free, but hey, the market isn't perfectly efficient all the time). Bottom line is that Microsoft isn't going to go away any time soon -- In fact I'd bet on it being around for a while, strengthened by eventually getting out of the areas where Linux shines, though I do think the days that Windows being the vehicle that gives Windows apps a lock on the market are numbered. Buy time, and leverage strength, Bill. I'd go so far as to argue that there wouldn't be Linux, if Windows didn't exist. Necessity, Invention, Mothers. You add them up.

      So, the uber-powerful corporation will be reduced, over time, to that which it can continue to do most efficiently or learn to do most efficiently where it hasn't done it before.

      The difficulty some face is that they might find the natural time table for this "correction" not to their liking, wishing to use the strong hand of the state to restore "fairness" faster. Funny how wishing for strong governments doesn't always get you what you want, isn't it?

      --
      You could've hired me.
    22. Re:Social Evolution of Corporate Power by Anonymous Coward · · Score: 0
      Mein Gott, what can we do?


      About corporate power? We can do nothing.

      Live your life well, try to bring more love than hate into the world. That's all. No big stuff -- no Revolution, no Topple the State, no Stop the Corporations. Work to your scale, as an individual; the rest is History. I don't know, but this quote from Fight Club seems relevent.

      "You are the all-singing, all dancing crap of the world [...] you must accept that one day you will die. Until then, you are useless."

    23. Re:Social Evolution of Corporate Power by Anonymous Coward · · Score: 0
      A state is large government agency. Americans are a nation that have a state. You don't have to have a state to be a nation though - the Palestinans are a nation as are the Kurds (I tried to avoid those examples due to the feelings involved but couldn't think of nothing else


      The Kurds example is a good one but the Palestinians is not, as Palestine is a recognised state (with internationally accepted borders that are being encrouched upon). A better example would be the Isrealites before the establishment of Isreal. This is off-topic but I deemed it worthy of comment because it illustrates perfectly the bias in education regarding the Palestinian/Isreal problem. To wit, you innocently commented that Palestine isn't a state; an opinion that you no doubt picked up from the "liberal" media.
    24. Re:Social Evolution of Corporate Power by pla · · Score: 2, Insightful

      Congradulations, are you happy being part of the problem?

      Although I agree with your response, you have missed the bigger picture, the one that allows people like us to keep living rather than decorating SCO's or the RIAA's lawn with our ritually-suicided corpse...

      The law may side with the corporations (and why wouldn't it, they paid a lot for those laws!), but the current trend in P2P (as well as numerous other areas) shows that, put simply, the average citizen doesn't really give a damn about the law.

      I consider this unfortunate, since I consider myself an "anarchist except that governments keep us all from killing one another". But I can't get around it - people consider the "law" the joke it has worked to make itself into. Sad but true.

      Corporations have bought laws the same that we might buy the Far Side collection. No less, no more. Well, not quite true - The so-called "law" has the power to imprison those of us who violate corporate profit-rules. But aside from that, look at California. DEA? They've all but started an outright revolution against the federeal government over medical marijuana. Don't feel too surprised to see "fair use" come under similar terms in the next few years.

      And corporate-vs-indiviual laws will follow a similar trend in the near future. The DEA just represents on form of that (pharmaceutical companies vs individuals). Next the RIAA will move into the next "necessary evil" position, then perhaps Microsoft. We greatly benefit from their products, but that does not place them above actual humanity.

      A revolution has already started. You can ignore it, or fight in it, but if "we" lose (by which "we" means "humans"), you can look forward to a 1984-like future.

      Pick a side, because "neutral" means the same as "pro-corporate", whether you like it or not.

    25. Re:Social Evolution of Corporate Power by Anonymous Coward · · Score: 0

      And why not? Simply because you've been conditioned all your life to believe in the capitalistic dream? A little McCarthy still in the back of your mind, perhaps?

    26. Re:Social Evolution of Corporate Power by mkro · · Score: 1

      "If there is hope, wrote Winston, it lies in the proles."
      -- You know who

      --
      I shall go and tell the indestructible man that someone plans to murder him.
    27. Re:Social Evolution of Corporate Power by Max+Threshold · · Score: 1
      About corporate power? We can do nothing.

      Well, we better come up with something quick, before al-Qaeda does!

    28. Re:Social Evolution of Corporate Power by Anonymous Coward · · Score: 0

      We can do plenty.
      We do not NEED popular commercial entertainment, most of which is mind-numbing shit we should despise instead of download.
      Most of us do not NEED commercial software either, and for our sluggishness in adopting and evangelising alternatives we have only ourselves to blame.

    29. Re:Social Evolution of Corporate Power by Trinition · · Score: 1

      Exactly. A corporation's job is to miximize money: profit, revenue, etc. You an do a lot of good thinsg with money, but money has no inherit good. Indeed, with capitalism in general, he who gets the most money wins.

      That is the reason we have a government. It is there to keep the pursuit of money from going awry.

    30. Re:Social Evolution of Corporate Power by Anonymous Coward · · Score: 0

      Tell me, who granted Microsoft a monopoly? It's a free market. Make an operating system and compete with them. Anyone can. Why don't you?

    31. Re:Social Evolution of Corporate Power by Anonymous Coward · · Score: 0

      You are forgetting one important aspect. These are all publicly traded companies. They are responsible to their shareholders. Guess who their shareholders are? Odds are if you own mutual funds, or belong to a pension plan, then you have a stake in these companies. They have an interest in protecting your investment. So guess what? It's a small world after all!

    32. Re:Social Evolution of Corporate Power by Anonymous Coward · · Score: 0

      What can you do about corporate power?

      If you so against it, form your own corporation and uphold the values you believe in. It's a free market. What's stopping you?

    33. Re:Social Evolution of Corporate Power by fferreres · · Score: 1

      Yes, I agree with you completelly. And it still doesn't make sense. On the one hand you want the companies where you own shares to be granted monopolies, big contract, unjustified patents of all kinds, on the other hand, 95% of the people depend for a living on getting salaries paid at end of month.

      What I mean is, a company that makes money is not PER SE good for the economy. If it does so in an uncompetitive market, if it abuses a monopoly position, if it abused the law system (buy politicians), if it abused the pantent system (any of which can be "semi" legaly done), then it's bad for the country, the citizens, etc.

      The problem now is a the is not so much apparent conflict of interest in some countries. While people in the US are getting screwed with offshoring, overpriced music and the like, they US as a country is trying to push all other countries into accepting laws that are not benefical to the mayority of the population, and the point is more "who gets what share" than "how to we promote science and better welfare". Everyone agrees the same quantity of music would e created if copyrights lasted 10 years. If you make a hit, chances you will get incredible rich in the first 3 years. Year 4+ are not there to promote arts, they are there to milk the masses, and it does not make economical sense (in terms of benefit to society).

      --
      unfinished: (adj.)
    34. Re:Social Evolution of Corporate Power by fferreres · · Score: 1

      They themselves but abusing the market and legal system...sistematically.

      --
      unfinished: (adj.)
    35. Re:Social Evolution of Corporate Power by DarkVein · · Score: 1

      You're confusing two separate issues. This might sound semantic, so I hope you consider it carefully. Corporations are not companies. If you replace "companies" with "corporations" throughout your text, I'd agree with it up until the nihilistic bit at the end. I think you'll disagree with it also, with consideration.

      The history of corporations is very brief. A corporation is an entity which protects a company from liability. They were created for the shipping enterprises to the new world: If a ship was lost, an investor in a corporation wouldn't be liable for the ship, the cargo, and lawsuits from the relatives of the crew. They'd only be liable for what they invested in the corporation.

      Companies, on the other hand, were doing just fine before corporations. Corporations were enabling for companies, but not necessary. The industrial revolution was kicked off and went along just fine until Corporations re-appeared and were applied to non-shipping companies in the 19th century.

      If you think about it, a company is organized specialized labor intended to yield higher efficiency with its products than otherwise possible. This is obviously more efficient, if more vulnerable, than general labor. Corporation, on the other hand, is a government granted protection intended for investors.

      Move up to the modern day, and corporations have become something else. They're no longer a vehicle for investment, but an entity with the rights and privledges of human beings. The liability protection for investors has been extended to liability protection for executives and liability protection for the company itself to protect the investment of the investors, instead of just the investors themselves. All of this means individuals are capable of doing things free from the judgement of their peers in a court of law. The only way to reach someone protected by a corporation is to breach the corporate veil, which requires specific wrong steps by the protectee.

      Corporations are a legal entity, divorced from the organizational unit of a capitalist company. Legal entities can be fixed.

      --

      I'm as mimsy as the next borogove but your mome raths are completely outgrabe.

  44. quid pro quo by Crashmarik · · Score: 1

    If they want to make it easier to put the "pirates away" and give even more enforcement power to copyright based enterprises, why not at least turn back the term of copyright. Bring it back down 28 years with a renewal clause for after 14 years.

    But heck a reasonable piece of legislation from a government thats been bought and paid for ? I think not. P.S. Remember Mr. Hatch has the distinction of being one of the very few examples of a composer not being ripped off by therecord companies.

    1. Re:quid pro quo by Minna+Kirai · · Score: 1

      Bring it back down 28 years with a renewal clause for after 14 years.

      It'd like that, but they could never do it. Congress would get slammed for abuse of "eminent domain". The RIAA would accuse them of attempting to seize property ("intellectual property") without compensation, and would demand $billions paid from the US treasury.

      (Nevermind that each time copyrights have been extended, it was also seizing property: IP rights were transferred from the public to corporations without the people getting paid for it.)

  45. Freenet by rpj1288 · · Score: 1

    Time to move over to freenet. And get behind a firewall. All you people using open Kazaa accounts need to do something right away about annonimity.

    --
    Marvin knew: "Think of a number, any number..."
  46. Welcome to my world by Anonymous Coward · · Score: 0

    As a pot smoker me an my friends are worried about getting busted for doing something that harms no one. The Govt has decided to send it's attack dogs after us any chance they get. Now you too will get a feel of this. Every time you download a file you'll wonder "are they watching?" Maybe yes, maybe no. Either way your life will never be the same. Wait until a bunch of p2p users are wrongly convicted and sent to prison.

    Once again, welcome to my world.

    1. Re:Welcome to my world by Anonymous Coward · · Score: 1, Funny

      inmate one: "Whats you in for?"
      inmate two: "rape, you"
      inmate one: "downloading Britney Spears"
      inmate two: "You know, you look a little like her."

  47. Reality? by FullCircle · · Score: 1

    Isn't the average sentence actually served for murder shorter than the ten years that Sen. Hatch wants to get for copyright infringement?

    Decisions, decisions...

    --
    If tyranny and oppression come to this land, it will be in the guise of fighting a foreign enemy. - James Madison
  48. Couldn't they have waited... by ScottSpeaks! · · Score: 2, Funny
    ...to introduce this on Talk Like a Pirate Day?

    It was bad enough when legislators just gave their bills doofy Orwellian names like the No Child Left Behind Act, the Digital Millennium Copyright Act, or the Defense of Marriage Act. Now we have to put up with nonsense like the Call Responsibly and Stay Healthy (CRASH) Act, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act, and the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN SPAM) Act, and now this. At least geeks recognise the joke value of acronyms such as these. Do our president and legislators?

    1. Re:Couldn't they have waited... by NoMaster · · Score: 1

      Wait until the ??AAs introduce the Control and Undermine New Technologies Act....

      (Or maybe thats just an Australian term...?)

      --
      What part of "a well regulated militia" do you not understand?
    2. Re:Couldn't they have waited... by dthree · · Score: 1

      Damn legislators! I want my unsolicited pr0n back!

      --
      "I forgot my mantra."
  49. LMAO by 222 · · Score: 1

    ROFL i wanna meet the guy who comes up with their acronyms. Seriously.

  50. Another example I ran across today by coltrane679 · · Score: 4, Insightful

    http://www.wpxi.com/news/2954803/detail.html

    Wh at ever happened to telling a kid's parents, and letting them kick her ass? Or just exposing her to public shame? Does everything have to involve draconian penalties imposed by the almighty nanny state? The prosecutor fabricates TWO very serious felonies to deliver "justice"--what a joke. The funny thing is, under this logic, if she just took the pictures of herself, and did nothing more, she would still be guilty of the "possession" felony!

    1. Re:Another example I ran across today by dsanfte · · Score: 1

      Jesus H christ, the united states has gone to shit. Seriously, get out while you can. Charging a 15-yr old girl with child porn distribution, dear god, what malicious bastards.

      --
      occultae nullus est respectus musicae - originally a Greek proverb
  51. MOD PARENT UP by Anonymous Coward · · Score: 0

    seriously, we should just kick utah out of the union, let them go back to being deseret or whatever. Hatch is an idiot and needs to be out of the senate, between all the media industry bullshit and sposoring a constitutional amendment so arnold schwarzenagger can become president he really needs to be gone...

  52. Read the article before submitting it by humblecoder · · Score: 5, Informative

    If you are going to criticize the PIRATE act, first do your homework and learn about it.

    The PIRATE Act bill, the one sponsored by Sens Hatch and Leahy, gives the DOJ the power to pursue civil cases against file sharers. According to the article and Sen Hatch's remarks, it does not have the provisions about "up to 10 years in prison" or any of that stuff. According to the article, those provisions are part of a draft bill that hasn't been introduced. The description in the slashdot posting imply that these provisions are part of the PIRATE Act, which they are not.

    It may seem like splitting hairs, but if you start writing to your Congresspeople about the PIRATE Act, you will have more credibility if you actually know what you are talking about. If you start talking about provisions that aren't even in the bill, your letter will probably receive very little, if any, consideration.

    1. Re:Read the article before submitting it by evilviper · · Score: 2, Funny
      If you are going to criticize the PIRATE act, first do your homework and learn about it.

      Why should we be held to a higher standard than our Senators? They rarely ever read the bills they vote on.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    2. Re:Read the article before submitting it by petabyte · · Score: 1

      gives the DOJ the power to pursue civil cases against file sharers

      That by itself is reason enough for me to have serious - SERIOUS issues with it. It is the job of the copyright holder to press infringers for damages not the government (unless it holds the copyright).

      The notion otherwise is ludicrious, thought that fits right in line with anything else Congress has thought up lately.

    3. Re:Read the article before submitting it by kenthorvath · · Score: 1
      The notion otherwise is ludicrious, thought that fits right in line with anything else Congress has thought up lately.

      I think that what we are seeing is an overabundance of laws. The legislature's job is essentially to continue to produce new laws throughout all eternity, whereas - one would think - there exists some finite set of laws that are necessary and sufficient for society to function peacefully and happily. If all new laws seem to conflict with, or be quite different (from a rationalization point of view), perhaps it because there is not really a need for these new laws, either because the old laws are already in place over the same domain or because the new laws are of a new type that are not only unnecessary but superfluous, having been created for the sake of creating. If I were Congress, I would dedicate one or two months out of every year doing a little house cleaning and repealing laws that are currently unnecessary, or have been shown to be a threat to the freedom of the American people.

  53. It's only "their" files by Andy+Smith · · Score: 1, Insightful
    Seems that every time I post an anti-piracy comment I get modded down as flamebait or troll, so for once I'll be one of those people who say "mod me down but..."
    [...] even sharing a single file [...]
    Would your disdain change at all if it was your single file that was being shared?

    My opinion on this is simple: If you want to share music for free then make music yourself and share it for free. NOBODY will stop you. But if *I* want to make music and sell it then at what point exactly do you think *you* have a right to take it without paying?

    This is another law that should NOT be required and WILL be abused but exists ONLY because of a bunch of silly kids thinking "duh, music should be, like, free, dude". It isn't a conspiracy. It isn't corporations running the country or whatever nonsense someone will come up with. It's legitimate corporations pushing for legitimate legal protections and quite rightly being granted them.

    So there you go. Now just change the little box to say flamebait, click the button, and the annoying counter-argument will go away and you can go back to blissfully swapping someone else's property.
    1. Re:It's only "their" files by rokzy · · Score: 3, Insightful

      >Would your disdain change at all if it was your single file that was being shared?

      there's a response to this kind of argument (as seen on The West Wing):

      -if your son/daughter were murdered, wouldn't you want the death penalty for the accused?
      -yes, and that's why I don't think that victims' parents should be on the jury

      this is the basis of being judged by your peers, not your victims, a principle which is all but lost in corporate-controlled America (and other countries)

    2. Re:It's only "their" files by Anonymous Coward · · Score: 0

      Ok. *click*.

      ..*click* *click* *click* ...wait...something's wrong here..

    3. Re:It's only "their" files by FullCircle · · Score: 3, Insightful

      My problem is that the fine for shoplifting, or ACTUALLY stealing the CD, carries a minimal fine and a small mark on your record. Possibly a short stay in jail.

      Why is it that when the "Intarweb" is involved, legislators suddenly lose touch with reality?

      Yes, the record companies do have the right to protect their content. Those laws have been in place for years and did not lock people away for 10 years over 1 track from a $1 CD that they charge $20 for.

      The punishment should fit the crime.

      --
      If tyranny and oppression come to this land, it will be in the guise of fighting a foreign enemy. - James Madison
    4. Re:It's only "their" files by real_smiff · · Score: 1
      "Why is it that when the "Intarweb" is involved, legislators suddenly lose touch with reality?"

      Because they don't understand it. They're old, people read them horror stories and it freaks them out. This is not a troll, I really think it's at the root of most of this crazy legislation. Naturally this will take decades to fix, and by then the legislators/judges will be out of touch again. Laws are always playing catch up with reality. It's particularly obvious now only because 'reality' is changing so fast.

      Anyway, I think the grandparent (or was it great-) has too simplistic a view.

      --

      This is my Sig, this is my Gun. One is for Slashdot and one is for Fun.

    5. Re:It's only "their" files by KD5YPT · · Score: 1

      Unfortunately since I already posted, I can't mod you up. But I will agree with you in full. In retrospect, we have been trying to defend an action that illegal, unethical, and in-moral. Just that the tactic by the RIAA and government in their attempt to circumvent this was so drastic, unjust, and unpopular that we defend piracy just for the sake of being disobedient. On the other side of the coin, the cost of the song is somewhat ridiculous as the current pricing goes. Mac music store does not work with other MP3 players, other format has so much crippling for the amount I pay for them, I rather buy tickets ($15 ~ $50) to see a quality play ("Phantom of the Opera" gotta find a time to watch that).

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
    6. Re:It's only "their" files by MacWiz · · Score: 1

      Some of us are begging people to listen to our music. We give it away for free every day. Try DMusic.com, or GarageBand.com or Iuma.com or vitaminic.com.

      So if it is my file, do I have the right to prevent persecution for sharing it?

      And how does the world tell the difference?

    7. Re:It's only "their" files by BillyBlaze · · Score: 1
      But if *I* want to make music and sell it then at what point exactly do you think *you* have a right to take it without paying?

      Exactly 15 years after you recorded it. And I can copy my copy as much as I want, so long as I don't let anyone else have it. And you can have my circumvention devices - when you pry them from my cold, dead hands.

    8. Re:It's only "their" files by scum-e-bag · · Score: 1
      Why is it that when the "Intarweb" is involved, legislators suddenly lose touch with reality?

      The reason would be "that people afraid of a thing which they can not see, can not feel, can not smell and that kills."

      --
      Does it go on forever?
    9. Re:It's only "their" files by marcilr · · Score: 1

      I wish this was the case. However, I think politicians are smart and perfectly aware of the issues. Unfortunately it is about greed, their big plush house, and cash for expensive prostitutes when they aren't busy whoring themselves out. They could gave a rat's ass about the common person. Sorry I don't mean to rant by I've written and talked with these people (congressmen) and by and large they are greedy, two-faced bitches.

      --
      Azurite is fine covellite is mine.
    10. Re:It's only "their" files by Anonymous Coward · · Score: 1, Interesting

      I'm no more in support of this proposed bill than the next Slashdot reader, and I think that some of the proposed penalties are outlandish too. But let's be fair.

      If you shoplift a CD, the music company is out $15 (or whatever their profit is after paying off the marketing/recording/stores/lawyers/etc). Not an awful lot.

      But if you put a CD on a P2P network, dozens, hundreds, even thousands of people could potentially download the album instead of buying the CD.

      Yes, you can make various arguments against this (e.g., "the downloaders might buy that (or other) CD anyway", or "maybe nobody will download it so there's no loss" or even "The RIAA are a bunch of dicks whose monopoly artificially increases the value of music") and maybe some or all of those are true... but that's not the point.

      As it stands -and the way it is being presented to the lawmakers- the RIAA is likely to lose more money if a person distributes their property on a P2P network than if that same person were simply to help themselves to a five-finger-discount at the local record store. And as such, the "crime" of P2P should carry a heavier penalty than petty theft.

      It is NOT *just* about lawmakers out of touch with the new reality of an Internet-enabled world (although I am sure this plays some part), nor is it all about EVIL CORPORATIONS running our government (certainly they have influence but this often tends to get blown out of proportion).

      If a lobbyist says to a politician "well, these geeks on P2P are costing us 3 gajillion dollars a year, which means that we're going to have lay off 10,000 people in your state alone!" and all those politicians hear from the 'geeks' is "The RIAA are a bunch of pussies and copyrights are bad anyway, mmm'kay?", don't let's all jump to conclusions about corruption and incompetence. In fact, many lawmakers are trying to do their best for their constituents (although some -like Hatch- even I wonder about).

      So, to conclude, I'm not trying to argue that there is no corruption or bad influence in Politics... but neither should we make it out to be as simple as we often do on Slashdot.

      Actually, what we all *should* do is help the various "geek lobbies" (e.g., EFF, etc.) and perhaps even create new ones that promote and spread the "geek ideal" to those who hold political office.

      Although, I suppose, to be truely influential, the "geek lobbies" have to have more than just ideals to move politicians, so here's a challenge: how does P2P *help* the economy and create more jobs?

    11. Re:It's only "their" files by Anonymous Coward · · Score: 2, Insightful

      Would your disdain change at all if it was your single file that was being shared?

      Ignoring the fact that I *do* have files shared (GPL'd software to be exact), I gotta wonder, what musician out there DOESN'T have any of his/her files shared? Vanilla Ice maybe? Any file or piece of music can be copied instantly at nearly zero cost. And people like music. Therefore.. files will be shared. Just like tapes were shared and LPs were shared and thoughts and memories and ideas are shared.

      People with your point of view, frankly, don't make any sense. Sure, in some abstract moral plane, everybody who uses the results of some else's efforts is supposed to respect whatever arbitrary rules that person comes up with.

      But come on, here in the real world, the files will be shared. You have to start with that as a *given*, part of the assumptions, part of the initial conditions.

      Do people like you *really* think that filesharing will stop because of some moral posturing? Or because of stricter and stricter laws?

      My opinion on this is simple: If you want to share music for free then make music yourself and share it for free.

      My opinion is equally simple: If you don't want your music shared for free, find another line of work. No laws required for that, no prison terms, no sermons from up on high. And totally compatible with the reality of the situation.

      But no, here in the US of A, if you don't like something, you pick up the phone, open your checkbook, and buy whatever law you need. Throw in some hollow words about "struggling artist", "property rights", or "child pornography", and wait for the laws to pass.

      Look into the future 5, 10, 100 years. Will information ever become uncopyable? No. The corporations will just have to learn to accept it and find something worth selling (like, maybe, a good user experience, a good selection of music, etc., etc, like Apple is trying to do).

      I don't blame the people who do what comes naturally. I blame the people like Orrin Hatch and the record labels who insist on pissing into the wind, and then act surprised that they got wet.

    12. Re:It's only "their" files by Decameron81 · · Score: 1
      "But if *I* want to make music and sell it then at what point exactly do you think *you* have a right to take it without paying?"


      The moment you buy a DVD you can only watch in certain countries, because you will obviously never have to move to live abroad. The moment you buy a music CD and later realize that it won't play on some of your CD players just because someone didn't want it to. Or when people has to pay piracy taxes on CDs because everyone is a potential music pirate.

      Or when new technology of your own creation doesn't have a right to exist because it steps on some weird document that received the governments approval. Or even when the US government tries to step on the Internet as if it was part of their nation, by suing people from around the world because they infringed some law of them regarding copyrights or patents.

      And as you might have guessed I am talking about all of the entertainment industry, not just the music industry.

      As some people said in a previous post... the fact that a law is a law doesn't make it intrinsecally right. I am all for copyright protection to be honest, but I am also convinced that such an incredible situation like the one created by p2p networks is the direct result of something more than the coolness of getting songs for free. It is the result of a heavy abuse by those corporations on their customers.

      PEOPLE ARE NOT HAPPY WITH HOW THEY ARE BEING TREATED.

      Diego
      --
      diegoT
    13. Re:It's only "their" files by drsmithy · · Score: 1
      My opinion on this is simple: If you want to share music for free then make music yourself and share it for free. NOBODY will stop you. But if *I* want to make music and sell it then at what point exactly do you think *you* have a right to take it without paying?

      The point at which you've made a reasoanble amount of money from it. To me, a "reasonable amount" is roughly proprtional to the time taken to create the work multiplied by the average annual wage for white collar workers. After that, the work should enter the public domain.

    14. Re:It's only "their" files by RdsArts · · Score: 1

      Actually, assuming you were caught, the store actually gains money.

      At least in Michigan. The law states that those caught of shoplifting have to pay a 'fine' to the store of 10 times the item's price. So the item becomes 150$, you don't get a CD, and you get jail time.

      I believe most states have similar laws.

    15. Re:It's only "their" files by melikamp · · Score: 1

      But if *I* want to make music and sell it then at what point exactly do you think *you* have a right to take it without paying?

      Legally, in US, I have no such right, but that doesn't mean it's unethical. Really, a pirate did not request you to create/record/publish the music, you did it yourself. (And while I'm on it, you did it because the RI lied to you, saying that your copyrights are protected. They forgot to mention that the law was unenforceable.) Moreover, a pirate pays for the distribution out of her own pocket, and does not deprive anyone else from listening to the music. I don't see why she should feel guilty or should ever pay you anything.

      Comparison with a theft does not stand, because a pirate doesn't "take" your music. When she makes a copy, there's more of it, not less.

    16. Re:It's only "their" files by GileadGreene · · Score: 1

      You'd think that the "Slashdot crowd" (to the extent that there is such a thing) would be in favor of strong enforcement of legitimate copyrights. After all, the GPL relies on copyright law for its validity. If copyrights are made meaningless, and anyone can copy anything they want, then the GPL would have no strength. MS Linux would probably follow in short order...

    17. Re:It's only "their" files by globalar · · Score: 1

      "Why is it that when the "Intarweb" is involved, legislators suddenly lose touch with reality?"

      I agree, but I think you're applying that question too narrowly.

      I think it is fair to ask "Why is it that legislators have lost touch with reality?"

      I simply fail to connect with and respect so many of the leaders in the United States. Sometimes I get the feeling they are lost in a game to keep power, money, and/or attention attached to themselves. There is no leader I can name which I feel represents a significant portion of my views (and I'm fairly moderate). Take the upcoming presidential elections - I really feel my vote is for the lesser evil (ignorance), and that makes me sick.

    18. Re:It's only "their" files by Anonymous Coward · · Score: 0

      Would your disdain change at all if it was your single file that was being shared?

      Yes. I cannot think of a single file I could create that is worth ten years of somebody's life.

    19. Re:It's only "their" files by elflord · · Score: 1
      The point at which you've made a reasoanble amount of money from it. To me, a "reasonable amount" is roughly proprtional to the time taken to create the work multiplied by the average annual wage for white collar workers. After that, the work should enter the public domain.

      Oh, fantastic. You get to decide how much money the musician gets to earn ? Does that mean that they also get to decide how much money you should earn too ?

    20. Re:It's only "their" files by elflord · · Score: 1
      Do people like you *really* think that filesharing will stop because of some moral posturing? Or because of stricter and stricter laws?

      When you have a bunch of unrepentent criminals, there's not much one can do besides simply kick their sorry asses. If these people don't understand morality, they will understand a good ass-kicking. So yes, laws will help. But what is more important is effective enforcement. Lock up a few of the big time pirates, and you'll see less big time pirates.

      My opinion is equally simple: If you don't want your music shared for free, find another line of work. No laws required for that, no prison terms, no sermons from up on high. And totally compatible with the reality of the situation.

      That's like saying, if you don't want your store looted, robbed, or to be completely realistic, shoplifted from, then don't set up a store. You can't stop shoplifting, so why should there be laws against it ? Most of the goods in your store "cost too much" anyway, so why blame people for doing "what comes naturally" ?

      Criminals should be treated as criminals. The fact that it's easy to commit the crimes, or that the criminals don't have a guilty conscience does not excuse them.

    21. Re:It's only "their" files by drsmithy · · Score: 1
      You get to decide how much money the musician gets to earn ?

      No.

      Does that mean that they also get to decide how much money you should earn too ?

      Not in any state that purports to support the free market.

    22. Re:It's only "their" files by elflord · · Score: 1
      Not in any state that purports to support the free market.

      I must say, that is an excellent answer. The idea that a musicians payment should be capped by some arbitrary number determined either by what slashdot poster thinks is "fair", or by some regulatory beaurocracy, is indeed anithetical to the idea of a free market.

    23. Re:It's only "their" files by drsmithy · · Score: 1
      I must say, that is an excellent answer. The idea that a musicians payment should be capped by some arbitrary number determined either by what slashdot poster thinks is "fair", or by some regulatory beaurocracy, is indeed anithetical to the idea of a free market.

      Who said anything about capping their payment ?

      You need to read what *I actually said*, as opposed to what *you think I said*, stop jerking your knee so hard and actually apply a bit of thought as to how musicians can make money. I never said, suggested, nor implied that musician's payments should be capped.

      The idea of an unconditionally granted, arbitrarily long, government sponsored monopoly is pretty antithetical to a free market as well, but you don't seem to have much of a problem with copyright.

  54. Let it commence!!! by Anonymous Coward · · Score: 0

    Cue numerous posts complaining that copyright infringement != piracy.

  55. I have only ONE question by StandardCell · · Score: 2, Funny

    How many hours did it take Hatch and Leahy to scour a thesaurus for words to be able to spell a meaningful phrase with the letters PIRATE?

  56. Someones been mass doping the public again. by t_allardyce · · Score: 3, Interesting

    Someone said something about democracy - about Micky mouse being elected if enough people voted for him. Well, Micky and his friends have been at home in the US congress for quite some time now, and i dont think the exterminator was called? So what sort of jail time you reckon we should give all these crooked politicians when justice is finally served?

    --
    This comment does not represent the views or opinions of the user.
  57. don't split by Anonymous Coward · · Score: 2, Insightful

    ---don't abandon your nation to the greedists and the fascists. If it gets that bad (a revival of the draft would be a biggie IMO), then stay here in the US and fight.

    Some of us been in this struggle against the globalist technofuedalist goons for decades, we need more young people to be participants, not just avoiders. Running away is.... well, trying to not sound harsh but it's selfish. The only way evil is ever stopped is to be bigger, smarter, more righteous and brave, stand up to it.

    Think about it...

    zogger

    1. Re:don't split by Anonymous Coward · · Score: 0

      You gonna pick up a gun and fight?

      Because the clock the ticking towards another revolution.

    2. Re:don't split by marcilr · · Score: 2, Insightful

      I number of people I know have the same thoughts. The general feeling is when the federal goverment comes knocking for our guns the time will come to use them. It will be interesting to see if the national guard and military will have the stones to shoot their own brothers and sisters. I used to think they wouldn't (kill people that is), but with Powell selling out and the latest round of atrocities, anything is possible. As I get older, and the years ahead are fewer than the years behind, I find myself more willing to sacrifice my own life for what I believe in. Namely life, liberty, and the pursuit of happyness.

      --
      Azurite is fine covellite is mine.
  58. Prirate Hatch by ManuelKelly · · Score: 2, Informative

    Is this the same notorious pirate hatch?

    http://slashdot.org/article.pl?sid=03/06/20/0046 23 7&mode=thread&tid=103&tid=185&tid= 99

  59. Natural opponents. by Faust7 · · Score: 1

    The current trend is that once a industry has a stranglehold on the consumer, we become the enemy, the opponent, since no natural opponent no longer exists.

    The natural opponent of corporations is themselves. Though they control a lot, they do not control mass market trends. The forces behind those are more cultural and sociological than anything else -- highly nebulous things that companies spend their entire existences continuously puzzling out, so that they can attempt to take advantage of them. Some companies successfully adapt and survive. Others are either obstinate, imperceptive, or both, and die.

    1. Re:Natural opponents. by jdhutchins · · Score: 1

      Althought they may not be able to predict mass market trends, they're working on controlling them. Most people will probably share music, but if you tell them that you're going to throw them in jail, they'll stop. These companies know that the mass-market trend is going away from them, so they're passing laws to bring the trend back to them.

  60. huh? by Ender77 · · Score: 5, Interesting

    Weird, Part of it says that more powers needs to be given to law enforcement to combat "Piracy" but then it contridictoraly says that, most antipiracy legislation has been unseccessfull. Um, whats the point then?

    Also, out of the blue it suddenly throws in pornography? What is it about republicans and this constant crusade to stop porn? Someone please contact this fool and tell him that PORN IS NOT ILLEGAL! Sorry, when they start going after our porn, thats when they have GONE TOO FAR! :)

    1. Re:huh? by KD5YPT · · Score: 1

      Bush is religious, therefore Republican need to act somewhat religious, so PORN is evil in their eyes.

      I'm religious, but porn's not my problem so I could care less if its made illegal.
      As for you, find some other form of entertainment or at least, get married, then you can get some actions.

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
    2. Re:huh? by Anonymous Coward · · Score: 0
      What is it about republicans and this constant crusade to stop porn?
      Note that 1 of the 2 guys who introduced this (Leahy) is a Democrat.

      Protecting kids from pr0n sounds better than putting kids in jail.
      Just like PIRATE Act sounds better than PDW (Private Donor Whore) Act.

    3. Re:huh? by thadeusg · · Score: 1

      Get married...to get action??

      Excuse me while I laugh my ass off.

      I'll bet $10 that at least 40% of the porn industry's customers ARE married.

  61. Surely you jest... by macdaddy · · Score: 1

    I mean after all we give convicted rapists Academy Awards. /end sarcasm

  62. Draconian desperation by Saeger · · Score: 4, Interesting
    The media cartels are obviously getting desperate if the best they can come up with is attempting to buy more draconian business-model-preservation law. First the DMCA and the NetAct, and now this.

    I mean, 10 years for "expropriating" the potential sale of proprietary data that a judge deems "worth" more than $10,000? Give me a break. Actually, they probably will give me a break; 10 years is more than they want, and they'll compromise downward a bit for what they really wanted in the first place.

    Still, the chilling effect of a law like this would only hasten the inevitable development of more secure P2P, and the spread of open source and open content.

    Enforcing perpetual copyright is next to impossible without a global police state, and I'm much more likely to fund the Bruce Perens and Corey Doctorows of the world because they've earned my respect by choosing open licenses over the default "AllmineMineMINE!(C)(R)!".

    --

    --
    Power to the Peaceful
  63. Geek PAC by handy_vandal · · Score: 1

    Some time ago on Slashdot the possibility of a "geek PAC" was discussed.

    Not practical. Look at the diversity of opinion on SlashDot -- it's kaleidoscopic ... schizophrenic ... unsummarizable. Other than the "geek" label, there's no possibility of consensus.

    -kgj

    --
    -kgj
  64. This makes perfect sense. by rice_burners_suck · · Score: 1
    I have an idea. Rapists and murderers should be set free, because their crimes aren't all that bad. But if you dare to have software on your computer that isn't approved by Microsoft, you will be put on death row. That is because it makes perfect sense. Copying some bits, death penalty. Murder 100 people and rape 100 more, no punishment. Yes, this makes perfect sense.

    On the other hand, maybe huge corporations should start making money by innovation and marketing rather than lawsuits and lobbying for laws.

    1. Re:This makes perfect sense. by FullCircle · · Score: 1

      As long as law abiding consumers are in jail, the RIAA loses money!

      So we free the murders and rapists so that they can buy more CDs and lock up people who use P2P and lower the gross profit of the companies!

      But wait, those murders may be killing more than one consumer, which could lower profits...

      Ok, mass murderers have to stay in there with the P2Pirates.

      --
      If tyranny and oppression come to this land, it will be in the guise of fighting a foreign enemy. - James Madison
  65. Who's in charge? by MoebiusStreet · · Score: 1

    Someone less cynical might say that consumers are in complete control.

    I mean, a corporation is helpless if it's customers bail on them. If we fail to do so, it's only because we're a bunch of sheep.

    1. Re:Who's in charge? by SpaceLifeForm · · Score: 1
      While I can't speak for the sheep, the corporations seem to be looking for help when the customers bail on them.

      I believe you can find plenty of examples, but SCO does come to mind.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    2. Re:Who's in charge? by MoebiusStreet · · Score: 1

      As far as that goes, you're correct. But I submit that if we take a step farther back from the problem, it reveals that a government to which we've surrendered too much power, thus allowing that government to pander by selling favors. The spoiled-brat children wouldn't always try the same gambit were it not for the over-indulgent parent.

      And if that's true, then the real culprit is us sheep for allowing the government to do so virtually unchecked.

  66. Excuse me?! by nyseal · · Score: 2, Insightful

    'The moral force of the government"? What the hell is THAT supposed to mean? Wow...now I'm REALLY on board with this P2P crackdown thing; especially if the morality of the government brings it's weight to bear. For all those who are in favor of anti-P2P software I suggest this: give campaign dollars to Senator Hatch and let the federal government dictate a prison term for up to 10 years for downloading a song. What a crock.

    --
    [SIG] Remember Mattel handheld games?
  67. So the kids will just start smoking pot again by zakezuke · · Score: 3, Interesting

    America has enough in the way of issues with giving kids something to do. Dance clubs, live bands, and many forms of entertainment are 21+ only. This lack of entertainment gets worse the smaller the town.

    I have nieces and nephews, and one thing I show them how to do is get media online. It sure beats drinking, doing drugs, and generally getting into trouble. Making what I perceive as a wholesom activity a criminal act will result in one less thing to do. Why risk 10 years in jail when you can just smoke some pot and risk only 2 years in jail?

    --
    There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
    1. Re:So the kids will just start smoking pot again by FullCircle · · Score: 1

      Sorry for the OT...

      As someone who grew up in a small town, I have to agree.

      With Clear Channel corporate radio, even if you can receive a decent radio station in a rural area, they only play pop music at best. This is the only way for many people to hear interesting music. I'm sure that P2P can't damage sales as much as CC not bothering to play most of the bands that the RIAA has invested in.

      Also, in rural areas most clubs are honkey-tonk country clubs where 21+ get to drink 'till they drop and have an occasional fight. Under 21 you have little choice but to go out to a friends house or in the middle of a field somewhere and drink, smoke and have sex.

      Lets think of the children and take responsibility for our own actions. If people didn't sue for every stupid thing their kid did, more clubs could afford insurance and be available to the community.

      --
      If tyranny and oppression come to this land, it will be in the guise of fighting a foreign enemy. - James Madison
  68. It's a dichotomy. by Faust7 · · Score: 1

    Companies bow down and kiss the asses of consumers.

    Corporations exert a high level of control over consumers, by the simple fact that they are the providers of what defines consumers as consumers.

    In order to establish and maintain this control, however, they must understand what methods and products will succeed, and cater accordingly.

    Ultimately, consumers control themselves both directly, through their own decisions, and through their own actions that drive the forces of those who produce for them.

  69. unlike SCO by TubeSteak · · Score: 2

    they're tying pornography into all this. What doesn't make sense is their attempts to equate P2P with underage/animal/illegal porn while raising penalties for essentially movies & mp3s. I'd suggest that illegal porn has no value at all, so this law won't cover it, and that under existing copyright law, its very easy to assign anything a value over $10,000... meaning that they're going to fcuk over the 18-25 crowd.

    I could understand the law if it was aimed at the release groups operating with 100Mbit lines... but just like SCO, this law would hurt the 'end user' aka the consumer, not the true enablers.

    --
    [Fuck Beta]
    o0t!
  70. Sounds reasonable.. by -tji · · Score: 2, Funny

    Public health and safety are also directly threatened by business models that tempt children toward piracy and pornography and then use them as "human shields" against law enforcement.

    Umm... Yeah.. P2P users are human shields.. so, this is a risk to public health and safety. Thank you Senator Hatch for bringing this to our attention.

    1. Re:Sounds reasonable.. by KD5YPT · · Score: 1

      Public health and safety are also directly threatened by business models that tempt children toward piracy and pornography and then use them as "human shields" against law enforcement.

      Eh... what? Someone need a lesson in logical thinking.
      What business models is this, it sounds like he's implying that the RIAA and MPAA are tempting children towards piracy and pornography.

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
  71. Re:one solution.. by AVGVSTVS · · Score: 2, Insightful

    Voting for anything beyond very local government is a waste of time. Even if your votes are counted legitimately (which I seriously doubt), 90% of the time the opposition candidate is just as bad as the incumbant, while there are benefits in switching them around constantly, to continue to participate in thier charade only gives them more ability to claim a mandate. They can stuff thier "mandate" I for one welcome this absurd legislation, as well as the rest, never in the history of this nation has the government trampled so many rights in such a short time, passed all types of legislation essentially marking every citizen as a criminal, and put forward such a sorry lot of "leaders". The danger lies in the slow erosion of liberty, it tends to not be noticed, with the rapidness the current regieme is going about it however, the people DO notice. This is the first time in my life ordinary people openly of armed rebellion in polite conversation. People are waking up to the fact that the 2 party system is a sham, and they are being bled dry by an elite of murderers and thieves who care nothing for those under them. So, as for these new laws, I'm beyond outrage, I'm just waiting patiently for my countrymen to wake up and join me, keep it coming.

  72. Encourage democracy! by bigberk · · Score: 1

    Could the US encourage democracy by placing a fixed limit on political donations from corporations? This would minimize corporate control of our government. Don't say it's impossible to do... I believe some legislation to do exactly this was introduced in Canada as the previous Prime Minister, Chretien was retiring (LOL... that's the only time a politician could pull off something like that).

    1. Re:Encourage democracy! by FullCircle · · Score: 1

      Their are some limits currently, they just don't really work.

      IMHO, companies should NOT be able to donate. They are not people, and have no place in our government.

      If the CEO or even a janitor wants to personally donate $50 or 100,000 of his own money that is fine, he has that right. However, having a special "Donation Bonus" of from the company should be illegal.

      When did companies become people, complete with rights, instead of a group of individuals?

      --
      If tyranny and oppression come to this land, it will be in the guise of fighting a foreign enemy. - James Madison
    2. Re:Encourage democracy! by bigberk · · Score: 2, Interesting

      This is one of those situations I wish I was actually studying something like history or politics, because I've often wondered the same thing as you.

  73. makes sense... by OneInEveryCrowd · · Score: 1

    In my case since I'm 48 y/o I wouldn't have gotten into anime in the first place and purchased as much as I have if it wasn't for fansubs.

    If anyone wants to see an episode where the anime producers explicitly acknowledge the existence of fansubbers check out the last episode of Battle Progammer Shirase.

    According to the translation by the We-Suck group there is an opening anouncement that goes something like this:

    "We apologize to the viewers for ending the series early...We also apologize to the people who take special steps to view this series on their computers...and also to the people who watch the subtitled version overseas."

  74. US corporations own you by Anonymous Coward · · Score: 5, Insightful

    I once laughed at the way OCP ran everything in Robocop.

    I've stopped laughing...

  75. Lets get those pirates! by Anonymous Coward · · Score: 0

    This ANTI-Pirate act is an important step in stopping those nefarious pirates.
    Wait, this is the PIRATE act? Oh, lets try again.
    This PIRATE Act is an important step in allowing corporations to freely pillage and plunder the public domain without qualms.

  76. No Child Left Behind by Anonymous Coward · · Score: 0

    That's right, everyone of them goes to jail. You have the nerve to share music you go to the big house.

  77. Hatch's and Leahy's $$ by macdaddy · · Score: 5, Informative
    For those that are interested...

    Orrin Hatch: TV/Movies/Music $152,360

    Patrick Leahy: TV/Movies/Music $178,000

    1. Re:Hatch's and Leahy's $$ by LighthouseJ · · Score: 1

      I've always maintained lobbying and special interest groups are manipulating the laws. I'd like a bill introduced (it'll be popular for sure) that makes it illegal for money or goods to be transferred to an elected official from a group that could benefit from the officials position.

      For example, if I am in trial for murder and I present the judge presiding over my case a new Land Rover and mention that it would be frightfully unfortunate if I did jail time, that judge is going to accuse me of bribery and go nuts. I know I'm not the same entity as the movie industry, but the same principle still applies.

      No one should be able to use money to influence voting decisions.

    2. Re:Hatch's and Leahy's $$ by macdaddy · · Score: 1

      I agree. No one company should be allowed to give a candidate money IMHO. If they want to donate money then let them donate it to the party (or if parties are eliminated, donate it to that year's campaign fund for whatever office you want to support) and let it be divided equally between the candidates.

  78. Excuse me while I RTFA by C10H14N2 · · Score: 5, Insightful

    What is going on is that even the evil forces of people like Orrin Hatch are realizing that criminal penalties are _not_ appropriate, that branding "otherwise law-abiding" people as felons for something that is individually rather trivial, but on a massive scale certainly non-trivial. It would behoove people to at least give them the credit for that observation rather than run headlong into Orwellian nightmares. Frankly, I don't feel sorry for anyone involved in this argument. No one is forcing you to play their game, but if you want their products, it shouldn't surprise you that they will do everything to ensure that you play by their rules.

    What are we to do? Ignore them. Don't steal their products. Don't buy their products. Don't even listen to or watch their products wherever they might be. In the end, maybe by ignoring them for long enough they'll all go broke and die. In the meantime, get out of the damned house, go to a pub and throw your sheckles in the hats of your local musicians who really DO need the money. Buy their CDs. If you have a business, sponsor their gigs. You might even enjoy life a little more in the process.

    1. Re:Excuse me while I RTFA by Sebby · · Score: 1
      All fine and well, but I think this will just fuel their arguments:

      "See, people aren't buying our stuff, so they must be stealing it!"

      --

      AC comments get piped to /dev/null
    2. Re:Excuse me while I RTFA by g-san · · Score: 1

      What are we to do? Ignore them. Don't steal their products. Don't buy their products. Don't even listen to or watch their products wherever they might be. In the end, maybe by ignoring them for long enough they'll all go broke and die.

      or stop buying their music, and they will note the decline in cd sales, and assume piracy is becoming even more of a problem, and put more money into this crooked political system. next they will be passing laws saying that we either have to buy 3 CDs a year or we have to like a certain band. What you don't like music? Obviously you are a terrorist.

      And can I just say here they need to stop naming bills like this? Go back to numbers, or something else. The PEACE Act sounded good until you found out it was the "Poison Everyone and Commence Executions Act." What? You don't support the PATRIOT act and the PIRATE act? Obviously you are a terrorist.

    3. Re:Excuse me while I RTFA by Anonymous Coward · · Score: 0
      What are we to do?

      How about write to Senator Hatch and the rest of our senators? I just sent an email to Senator Hatch:

      Senator Hatch,

      I am deeply concerned about the bill you have recently introduced titled "Protecting Intellectual Rights Against Theft and Expropriation Act of 2004". While I agree that online peer-to-peer filesharing of copyrighted material is becoming a problem for the music and movie industries, I feel that this bill is not a step in the right direction.

      You acknowledge the fact that millions of normally law-abiding citizens are breaking the law by sharing copyrighted works, but fail to consider that the copyright system is also being abused by the music and movie industries. If I go to a concert at the Utah Symphony, and later decide that it was a poor performance, I can get a refund. Likewise, if I buy a book and decide that it is not what I expected, I can get a refund. However, the same is not true of a music CD or movie DVD purchase. Once I open it and realize I'm unhappy with the product, I am unable to return it because it is assumed that I have made a copy. This hurts the majority of honest consumers. You might argue that I should watch a movie before I purchase it on DVD. This is paying for the product twice--it is akin to paying $4000 to test drive a $20,000 car (assuming that a movie rental is $3 and a DVD costs $15). Perhaps a consumer should listen to the CD before purchasing it. This is a little more reasonable, but still a considerable time investment by the consumer. Also, what if the consumer only likes 3 tracks of the 12 track CD? Should he/she have to pay for the entire CD even though only part of it is going to be used? As proof that many consumers don't want to purchase an entire CD, I'd like to point out the success the Apple Music Store had during its first week (http://www.apple.com/pr/library/2003/may/05musics tore.html). As many as 500,000 songs were downloaded INDIVIDUALLY during the opening week. (The press release does say that over half of the songs were downloaded as albums, which I infer means that slightly less than half were downloaded as individual songs, otherwise the press release would have given a larger number, such as 75%, for songs sold as part of an album.)

      Music and movie downloads via peer-to-peer file sharing software is a response to the abuses by the respective industries. It allows consumers to conveniently preview artistic products before purchasing since they are unable to return it if unhappy. I would like to believe that the majority of responsible adults would purchase a CD or movie if they liked it; perhaps this is best confirmed or refuted by a gallop poll. I know that the majority of my peers watch movies in theaters instead of downloading them for one main reason: we are willing to pay for the theater experience (good picture, good sound, comfortable seating, etc.), provided the previews show why this movie will be worth our time and money . Because of this, the movie (and music) industries will always be profitable if they continue to make a product that consumers will purchase, regardless of whether it can be obtained freely or not.

      As I have argued above, the media industries have been abusing the copyright system. Users of file-sharing software are also abusing the copyright system; however, I would argue that many are still upholding the spirit of copyright despite the the use of peer-to-peer programs: first and foremost, give credit to the author, and second, support the artist financially for their contribution to society. Those who abuse copyright excessively should be punished. Give fines and jail time to those who recklessly distribute copyrighted materials; this applies both to those who have the right to distribute and those who don't.

      In closing, I would like to propose another solution. First, form a committee to analyze the habits of a consumer with respect to downloading and purchasing (gallop polls, sales figures, and internet downloa

    4. Re:Excuse me while I RTFA by C10H14N2 · · Score: 1

      Bull. By completely divorcing yourself from a commercial product, you're not going to be labeled a terrorist. It's that sort of defeatest attitude that transforms true "not caring" into apathy. There's a big difference. "I don't care what the RIAA has to say because I'm not their customer" is a great deal different that "I'm going to steal from them and not care if they try to catch me because they're evil and deserve to be ripped off." While the latter part of the latter statement may be true, you're playing their game and they WILL win if you do.

      The problem is people have been conditioned to think they actually want the dreck that the members of the RIAA are peddling. They'll wrap themselves up in bullshit arguments about "fair use" (e.g. I buy a copy and lend it to 100 friends who make copies), but the fact is, for whatever reasons they _want_ the product. If they just truly didn't care, the conspiracy would be powerless because they (the entertainment industry) would have NOTHING to bargain with--if you don't have the product, don't need the product and don't even have a desire for the product, they've got nothing to argue about.

      So, at base, just don't give a crap either way and there's nothing anyone can do about it. Unfortunately, most people want to not care, but they still want to get the goods, at which point, they've got you.

      Like your life will end if you don't have the latest Celine Dion CD. Puh-lease. Get over it people. They're selling shit. Stop buying it and you'll stop worrying about the entire issue. The fact that you WANT what they're selling is the only reason they've got a leg to stand on.

      I've neither purchased nor downloaded a single RIAA member's product for years and my life is no less enjoyable for it. In fact, I have several thousand dollars per year to spend on live music performed by people I care about.

      What a concept.

    5. Re:Excuse me while I RTFA by C10H14N2 · · Score: 1

      Unfortunately, that's the nature of entertainment. Most of us aren't so callous as to go to an opera that has "issues" and immediately demand a refund. We pay for it, recognize it costs a huge amount of money even to put on crap, and cut our losses. You can sell your CD to a second-hand shop, but you can't sell your used opera tickets. In that sense, your argument isn't going to win anyone over. The person you are directing it toward has come to the exact same conclusion, despite the fact that you fail to recognize it, but on completely different premises--premises, I might add, that are utterly reasonable and justifiable. There quite simply is NOTHING honest about the P2P filesharing of the nature in question. Being coy about the facts comes off as disingenuous and will not be respected not matter how flowery the presentation.

    6. Re:Excuse me while I RTFA by PetWolverine · · Score: 1

      I'm sorry, but I don't buy music depending on who "needs the money", I buy music depending on what I think is the most enjoyable/interesting to listen to. And usually, I "steal" it in some manner first, whether by downloading it, or copying it from a friend's collection, or hearing it on the radio...I mean, I need to hear it and know it's good before I'll be willing to spend money on it. I only have so much spending money!

      --
      I found the meaning of life the other day, but I had write-only access.
    7. Re:Excuse me while I RTFA by jadavis · · Score: 2, Insightful

      I wish I could mod your posts up.

      I haven't purchased any RIAA products or downloaded any music for a long time. I think I tried downloading some music a month ago and the tracks were screwed up (presumably RIAA trying to make it tougher).

      Then I thought to myself:
      (1) The record companies should be trying to make downloading music difficult, as long as they obey the law.
      (2) I don't feel any right to hear their music if they don't allow me to
      (3) I really don't need the music. I listen to the radio and that's fine with me.

      So, I just gave up. I like music, but I don't need it from the RIAA.

      And I agree about the bullshit arguments. If you didn't create the music yourself you have no "right" to it. The artist could have made a CD and threw the original in the furnace and then NOBODY would have it. Instead, they found it in their financial interest to share it with the record companies, who pay the artists solely because they expect consumers to pay them.

      And if you want to talk about freedom, consider what has been boycotted in the past. Very noble people would boycott the bus system and walk 10 or 20 miles instead of paying a faire, just to protest their mistreatment. That's sacrifice for the greater good. And nobody in the U.S. seems to be able to boycott some crappy music? If you hate the RIAA so much why keep buying?

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    8. Re:Excuse me while I RTFA by Anonymous Coward · · Score: 0

      That doesn't work. Lets look at it like this: They're losing sales, but nobody is sharing their product on P2P, so how are the people "stealing"?

      Even they need an excuse to propose new laws, or you're saying they can create laws as they please?

    9. Re:Excuse me while I RTFA by Anonymous Coward · · Score: 0

      I want to add that boycott really works, but it takes everyone or the majority to take down a monopoly. If we could just start to boycott and spread the word, it'll hopefully catch on and do some damage. Boycotting means stop buying their products and also stop sharing/consuming their products in every medium, such as radio, TV, P2P, and so forth (TV and radio is how they hook you in.) Additionally, support the Free alternatives.

      However, there are some who encourage sharing *AA's contents through privacy protection P2P clients like Freenet, which only counters progress. Or, those advocating sharing and downloading from servers located in countries that have little copyright protections only cause everyone more pain.

      Just look at Open Source, do we tell people to use Freenet to get MS's software, or we present them with Free alternatives? When dealing with the *AA, we should use the Open Source model, or at least advocate for boycott and support the alternatives. I know coders aren't musicans, so at least spread boycott, if you can't write music.

  79. largest prison popluation in the world is... by Anonymous Coward · · Score: 0


    USA, yep there are more people in jail in USA than China,India,Asia,Europe it seems USA's answer to social problems is to stick everyone in jail, after all those private prison companies need to have year on year growth like the rest of business right ? that exponential race to no-where (perhaps PHB's dont understand basic maths)

    1. Re:largest prison popluation in the world is... by KD5YPT · · Score: 1

      We have the largest jail, yes, but the reason that most other countries, mostly in Asia/Middle East/Africa and maybe in Europe, don't have a lot of prison is that instead of getting a jail sentence, they kill them. So let's compare graveyard... wait, we can't, no one documents execution in countries where the solution is to kill them off.

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
    2. Re:largest prison popluation in the world is... by Anonymous Coward · · Score: 0

      USA, yep there are more people in jail in USA than China,India,Asia ...

      That's cause in those places, they just arbitrarily shoot your, run you over with a tank, torture you to death, or d) all of the above.

      Who's left to jail?

    3. Re:largest prison popluation in the world is... by Anonymous Coward · · Score: 0

      You stopping your parent's quote before "Europe" is so subtile my dear.

      Get real.

    4. Re:largest prison popluation in the world is... by Anonymous Coward · · Score: 0

      Umm just so you know India is a democracy. They don't shoot many people. They don't torture people either.

      Speaking of executions, America still executes people who commited crimes as a juvenile!

      The only other countries that still do that are Saudi Arabia and the Sudan! North Korea doesn't even do that!

      Oh and you mentioned Europe. The EU doesn't even have the death penalty any more...

    5. Re:largest prison popluation in the world is... by Anonymous Coward · · Score: 0

      Thus you agree.

    6. Re:largest prison popluation in the world is... by Anonymous Coward · · Score: 0

      Umm just so you know India is a democracy. They don't shoot many people. They don't torture people either.

      You don't get around much, do you? Ever hear of Kashmir? Maybe the line of control? Although you are probably right, they tend to use knives more than guns there.

      And here's a flash. There's more to Europe than just the EU. Maybe you conveniently forgot about Serbia and Kosovo. Was on all the channels just a bit ago.

      Per Amnesty International:
      In Europe and Central Asia, discriminatory practices continued to be prevalent in many countries throughout the region. In some countries, ethnic minorites and foreigners were especially at risk of being tortured or ill-treated by state agents; they were also targets for attacks by non-state actors.

      Nope, they just deport you if they don't like you.

      Serious human rights abuses continued to be committed in conflict or post-conflict situations, particularly in the Russian Federation and in the western Balkans.

      Probably "conveniently" forgot about Russia being in Europe, too. All those poor Chechens rounded up and thrown in jail instead of just shot and left for dead (ignore all those news reports to the contrary). What was I thinking?

  80. Mod Parent UP, Freenet Debate here :) by Anonymous Coward · · Score: 0

    I agree, but I wonder if they will try to outlaw anonymous p2p as well?

    Don't forget mute-net ( http://mute-net.sourceforge.net/ ), it is a searchable anonymous p2p application, very nice to use.

  81. Valenti Quick Change by Bob9113 · · Score: 1

    "I commend Senators Patrick Leahy and Orrin Hatch for their vision and leadership in combating the theft of America's creative works," said Jack Valenti, MPAA's chief executive.

    Wasn't it Valenti who, maybe 6 months ago, said the backlash against the RIAA was clearly more damaging to the music industry than could be justified, and that the MPAA wouldn't pursue a similar course of action?

    Yeah, here it is:
    "I'm not ruling out anything, but at this moment we don't have any specific
    plans to sue anyone," Mr. Valenti said. "I think we have learned from the music
    industry.''
    - published Dec 2003

    OK, not really a quick change, I don't think any of us ever took him at face value, but it's still pretty annoying.

    1. Re:Valenti Quick Change by KD5YPT · · Score: 1

      Um... he didn't change face, he merely welcome the fact that he didn't need to do anything for things to go his way.

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
  82. The only good thing to come out of it is that.. by t_allardyce · · Score: 1

    All this crap has inspired me to actually get off my ass and vote, and im not even in America! everyday i see the most vile crap that politicians can push creaping over here from the EU and Tony 'im right, the people are wrong' Blair and his band of idiots figure-heading it and copying everything Bush does. We are starting to get laws like this too, were behind abit and i just hope its not too late to stop it (we dont have diebold voting machines yet so my vote could actually mean something!?). If i was put in prision for 10 years for downloading some crap i would go totally insane! if i didnt kill myself or get killed within the first few months i would leave so bitter and twisted i would probably end up suicide bombing some shit-faced politicians! can that idiot even imagine how many peoples lives he will screw up like that?

    --
    This comment does not represent the views or opinions of the user.
  83. nitpick by dsanfte · · Score: 1

    The proper spelling is "bold-faced lie". It also makes more sense. Are you accusing them of lying after having shaved?

    --
    occultae nullus est respectus musicae - originally a Greek proverb
  84. I just wrote Sen. Hatch by John+Harrison · · Score: 2, Interesting

    To tell him that he is just going to make Freenet more popular if this bill becomes law. If he thinks that the porn kids are exposed to on current systems is harmful wait until he causes them to all flee to Freenet. Not only will the be exposed to kiddie porn, but the file traders will be unknowingly storing it on their computers! I am sure that this is the result he wants, the popularization of child pornography. This legislation is ill-concieved for that reason alone. It will accomplish the opposite of its intention.

    1. Re:I just wrote Sen. Hatch by Anonymous Coward · · Score: 0

      Great. Now they'll just make use of encryption in p2p filesharing a capital offense.

    2. Re:I just wrote Sen. Hatch by base3 · · Score: 1

      Good going. Now you've just given him another arrow in his demonization quiver. As the AC pointed out, the act of running a Freenet node itself will be next to be outlawed.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  85. Long John Silver by devnulljapan · · Score: 1

    We have PATRIOT, PIRATE, Next up is the PARROT act, Preventing American Recording Rights from Obvious Theft, only cos I can't think of anything for GOLDDUBLOONSMEHEARTIES as an acronym.
    Really, who comes up with the names for these things?

    1. Re:Long John Silver by KD5YPT · · Score: 1

      To make the answer short.
      The author.

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
  86. Three problems by tepples · · Score: 4, Informative

    Copyright law protects the copyright holder, whether that happens to be a record company ... or the artists themselves

    I see practical problems with this reasoning, based on the inability for an individual songwriter to retain the copyright and succeed in the music business:

    • National brick-and-mortar retail chains tend to carry only recordings by "those artists who have signed away their rights."
    • Commercial radio tends to play only recordings by "those artists who have signed away their rights," and I know of no promotion mechanism other than commercial radio that reaches captive listeners in moving vehicles in geographic areas whose FM spectrum is too crowded to admit college radio (such as my hometown).
    • A singer-songwriter who hasn't signed up with a publisher the size of Warner Chappell often has trouble gaining access to expert musicologists who can verify whether or not a given song is in fact original, given that the space of legally unique melodies is provably finite and that commercial radio taints all listeners with "access", so he has no way of knowing whether it's safe to record a particular song that he wrote. If you don't believe me, ask the estate of George Harrison (read more).
    1. Re:Three problems by turnstyle · · Score: 1

      Come now! Do you really not believe that the Internet has the potential to more directly connect artist and fan, cut out some of the middlemen, and do away with the traditional dependence on brick-and-mortar and conventional "terrestrial" radio?

      --
      Here's what I do: Bitty Browser & Andromeda
    2. Re:Three problems by iminplaya · · Score: 1

      Karma be damned. I'm going into full insult mode now. It is quite clear that you are trying so hard to cash in on the status quo, that you are unable to make objective statements about the situation. I re-read the thread you linked to, and I stand by every word of it. Proudly I might add. You are simply supporting a corrupt industry because you hope to benefit from it someday.

      Cast me as Halliburtan, but you're the thug.

      So, potential copyright infringers are worse than corporate killers? You are so warped by your own greed.

      --
      What?
  87. Copyright assraping - always a bipartisan affair by kaltkalt · · Score: 3, Insightful

    Remember when the Do-Not-Call anti-telemarketing registry was challenged by the terrorist marketing agencies and Billy Tauzin, chair of the House Commerce Committee, remarked that "50 million Americans cannot be wrong" (referring to the 50 million Americans who signed up for the Do-Not-Call Registry)? Well, taking that statement at face value, twice that many Americans download music off of the internet, so therefore downloading copyrighted material cannot be wrong simply because the threshold 50 million Americans do it. Of course, 50 million Americans can be wrong and usually are wrong, but at least with the telemarketing bill Congress was listening to the people. That's its job. Here, Congress is listening to special interest groups whose interests are anathema to much more than 50 million Americans. One more thing to notice is that the PIRATE Act, like all restrictive copyright legislation (such as the Sonny Bono Copyright Term Extension Act and the Digital Millennium Copyright Act) that assfuck the rights of Americans, is sponsored by both a Republican and a Democrat. Screwing us on this issue is always a bipartisan affair. That's why these bills are never campaign issues. No matter which party you vote for, you are going to get screwed unless you are the RIAA or MPAA.

    --

    Stupid people make stupid things profitable.
  88. PIRATE = something else by MoFoQ · · Score: 2, Insightful

    Politicians Intent on consumer Rights And True fairuse Elimination.

    or more like Paid In full by the RIAA mafia And Their Equals.

    wait, didn't this *cough*bought*cough* Sen. Hatch try something similar before and it got swatted down like it deserved?

    Even more reason to reform soft-money.

  89. Damn... by c0ldfusi0n · · Score: 1

    I always wonder how they manage to find cool acronyms like that...

    --
    A computer makes it possible to do, in half an hour, tasks which were completely unnecessary to do before.
  90. I'm behind it entirely by Anonymous Coward · · Score: 0

    It is wrong for people to give away content that should be paid for. These people and their supporters need to be shown a stern lesson. Once a few people are tossed in jail (hopefully with lengthy terms) for this blatant disrespect for Intellectual Property and The Law, a vast majority of other illegal file sharers will turn off their shops, and the public as a whole will go back to buying the media, as they should be.

    1. Re:I'm behind it entirely by KD5YPT · · Score: 1

      I fully agree with that. However, the IP law as of now seems a bit ridiculous and the pricing is currently on the level of being a monopoly. While I do have some support of the law (the sentence seems a bit harsh, and the inherent clause on easing the burden of proof are reason why I don't support it much), they need to rewrite it.
      And here comes the rub, WE'RE GOING TO BE PAYING FOR THE ENFORCEMENT! And the jail... and others.
      Second, the law doesn't solve the problem when a lot of piracy was out of the State.

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
    2. Re:I'm behind it entirely by Anonymous Coward · · Score: 0

      Technically, CD pricing is not a monopoly (the RIAA does not set CD prices), it is a cartel of the major labels.

  91. Declaration of war? by Openstandards.net · · Score: 5, Interesting

    "Tens of thousands of continuing civil enforcement actions might be needed to generate the necessary deterrence." -- US Senator Orrin Hatch The "tends of thousands" phrase sounds more like a declaration of war against the citizens of America by the increasingly corporate owned government of ours. When 1.5 million people are downloading today in America, most of which are law abiding citizens that don't traffic in drugs, commit violent crimes, and pay for their groceries. Could this have happened if the RIAA and MPAA were not busy purchasing our congressional representatives? How do we stop this? I don't just mean the bill, I mean how do we stop the trend. How do we get politicians to represent the people again? One question I have is how are we a representative democracy if we are no longer represented? After years of this news growing, I still have not seen a coordinated large-scale effort to restore balance in our government so that it truly represents the people, and respects our principals. While I consider myself a free market capitalist, and personally choose not to download music that the creators do not offer for free, I completely disagree with treating the American people as dissidents, as this bill and other are increasingly doing. Is China becoming more like us, or are we becoming more like them?

    1. Re:Declaration of war? by Qacker · · Score: 1

      Your exactly right! While stealing(or CR infringment) of music or whatever is wrong this thinly veiled attack on the American people is wrong and sickening. Its coming in from all sides; The anti gun people and their laws, the PC sheeple and sadly even the bible thumping right wingers.

      --
      Learn lisp today!
    2. Re:Declaration of war? by Anonymous Coward · · Score: 0

      you are a cunt-and-paste karma whore
      go away

    3. Re:Declaration of war? by Anonymous Coward · · Score: 0

      "When 1.5 million people are downloading today in America, most of which are law abiding citizens that don't traffic in drugs, commit violent crimes, and pay for their groceries."

      But they do engage in the open copying and distribution, which is illegal. Why is important to pay for groceries, but paying for music is out of the question? Don't musicians deserve to be able to buy groceries? They give you their time, talent, and effort, surely they should be rewarded.

    4. Re:Declaration of war? by Anonymous Coward · · Score: 0

      Orrin Hatch and the NRA are quite fond of each other.

      That presents a dilemma of sorts for you, eh?

      In fact, quite a few of the NRA supporting politicos are OK with the attacks on file sharing citizens.

    5. Re:Declaration of war? by Anonymous Coward · · Score: 0

      It's up to the tech companies to figure out a way to distribute their stuff securely.

      The burden is on them to devise a way to lock it down.

      What if it was discovered by people that the precious metal gold, was easily multiplied with some water, soil and salt? All over the world, people started to make "copies" of their own gold, many shared, so that they would have a variance in composition.

      A. Do we have a bunch of criminals, that should be prosecuted by the millions, because a few thousand employees of gold companies are no longer being paid?

      B. Or do we have an element that has rapidly gone from precious to worthless, and now it's time for the ex-gold employees to find new jobs?

      Copying is illegal. But only in the minds of humans that don't realize that there's the law, and then there's the law of the land.

      Why don't you go copy right/patent, birds nests.

      Get back to me on well your campaign to stop birds from building them.

      to copy, is to be human.

      to copy is nature.

      copyright was designed to allow inventors a small window of time to profit.

      modern times have seen that idea distorted.

      "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."

      I propose that if your copyrighted digital material is so valuable, don't release it on CD, websites, dvd, or any other media that is currently open.

      If the material in question is so goddamn valuable, wouldn't it be worth postponing distribution till a new system was created.

      Oh, I see...you don't want to wait. Because your competitors are not waiting. And because you'd like to take advantage of the absolute dirt cheap cost of modern digital distribution.

      you can't have it both ways.

      Microsoft will be the last software company to get insanely rich.

    6. Re:Declaration of war? by Anonymous Coward · · Score: 0

      ...the worst part is that these issues of misrepresentation and criminal activity can be avoided simply by advancing the technology which governments are proposing to ban. Applying principles of biomimicry, trust and reputations can be incorporated into p2p models, resulting in a preferable outcome for *all* parties. However, no one has yet bothered to make this happen. Governments continue to build laws prohibiting behavior which would otherwise work to re-balance the market into an equitable distribution. I have never posted before, and apologize for this vaugue explanation. A much better one can be found at: www.generalknowledgedesign.com.

    7. Re:Declaration of war? by Openstandards.net · · Score: 1

      Two things are outdated that need to change: - The business model of the artists - The distribution model of recorded creativity Both of these can change without declaring countless Americans as enemies of the state, which is the effect of the assault Hatch is proposing in his letter.

  92. The Hatch's making the US safe for Corporations.. by -tji · · Score: 1

    Orrin is helping out the RIAA, making sure that the current power structure of the labels & Clear Channel can keep bringing us such fine music.

    While his son, Brent, is fighting the legal battles for SCO, to make sure their "IP" is protected. This article discussing the case mentions Brent, as have several subsequent articles and court submission documents.

    Thanks guys!

  93. which country should i be moving to? by Anonymous Coward · · Score: 2, Funny

    My conditions:

    1: high speed internet access
    2: relaxed copyright/pirating issues
    3: good food
    4: not on US bombing list OR bombers of countries on said list.

    there must be somewhere suitable..

    1. Re:which country should i be moving to? by KD5YPT · · Score: 1

      Taiwan.

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
    2. Re:which country should i be moving to? by illuminatedwax · · Score: 1

      I say Japan!
      1: If you don't own a computer, you can go to a 24 hour internet cafe for a very cheap rate. Tokyo is a very wired city.

      2: Not sure where they stand on filesharing, but comic stores are abound with derivative works of popular series that never get cracked down on. I certainly haven't heard of any cases from there.

      3: The food is GREAT. Trust me.

      4: It's also hard for a nation without offensive capabilities to be doing much bombing on their own.

      --Stephen

      --
      Did you ever notice that *nix doesn't even cover Linux?
    3. Re:which country should i be moving to? by Simonetta · · Score: 1

      Perhaps its time to seriously consider seperating a section of the United States into an independent country in order to shield its people from the madness of Washington DC.

      In the late 1970s there was a novel about the seperation of Northern California, Western Oregon, Washington State, British Columbia, and Alaska along the Cascade mountains in order to create an independent republic of Ecotopia. Perhaps we should study this concept if the easterners continue to go insane.

      There would be many issues to settle and possibly a lot of bloodshed. (If the Americans were happy to spend hundreds of billions of dollars to kill Vietnamese for no reason at all, imagine how they would react to a modern secession of their own people.)

      Nevertheless there are examples of modern peaceful disunion of empires, such as the former Soviet Union and Czeckoslovakia. Even our northern neighbors managed to come to peaceful new arrangement of powers between Quebec and Ottawa.

      It's a wild idea...but it gains credability with each new outrage from the corporate lunatics and bible thumpers in Washington, DC.

  94. How to destroy the RIAA by DAldredge · · Score: 1, Interesting

    If you want to wipe out the RIAA and the MPAA point out to the GOP that they are just like unions.

    1. Re:How to destroy the RIAA by DAldredge · · Score: 1

      HTF was that a troll. I am serious.

  95. Declaration of war by Openstandards.net · · Score: 4, Insightful
    "Tens of thousands of continuing civil enforcement actions might be needed to generate the necessary deterrence." -- US Senator Orrin Hatch

    The "tends of thousands" phrase sounds more like a declaration of war against the citizens of America by the increasingly corporate owned government of ours. At a minimum, it sounds like a crackdown on "dissidents". When 1.5 million people are downloading today in America, most of which are law-abiding citizens that don't traffic in drugs, commit violent crimes, and pay for their groceries.

    Could this have happened if the RIAA and MPAA were not busy purchasing our congressional representatives?

    How do we stop this? I don't just mean the bill; I mean how do we stop the trend. How do we get politicians to represent the people again?

    One question I have is how are we a representative democracy if we are no longer represented?

    After years of this news growing, I still have not seen a coordinated large-scale effort to restore balance in our government so that it truly represents the people, and respects our principals.

    While I consider myself a free market capitalist, and personally choose not to download music that the creators do not offer for free, I completely disagree with treating the American people as dissidents, as this bill and other are increasingly doing.

    Is China becoming more like us, or are we becoming more like them?

    1. Re:Declaration of war by Openstandards.net · · Score: 1
      MODERATER: I know it was redundant! It was a correction to the previous post. Unfortunately, I can't delete the previous post.

      But even though it's redundant, it's also clearly an improvement in readability! That has to count for something!

    2. Re:Declaration of war by Anonymous Coward · · Score: 0

      This is a country founded on dissidence. If it werent for that sentiment this country could never have declared its independence nor could it have freed itself from overbearing tax or trade arangements. If individual actions of dissidence have become more than minor offences by our own law then how can we stand to call ourselves Americans.

  96. Balance of value by MrLint · · Score: 1

    Why is it that we allow corporations to sell our personal information for financial gain and yet when its something that 'belongs' to them they want to send people to prison.

    But on the other had its nice to know that all of the world's problems have been solved such that we have the leisure time to address this huge file sharing problem.

    1. Re:Balance of value by t_allardyce · · Score: 1

      You wanna get yourself a Data Protection Act, very useful stuff, gives you access to any information any company/organisation holds on you, makes sure its correct, and stops them selling it! We've got an old one you can have if you want? Also we're trying to get rid of a David Blunkett and a Tony Blair - We'll take anything for them really? a Kerry maybe? but not a Hatch or Fritz those fuckers can go to camp x-ray.

      --
      This comment does not represent the views or opinions of the user.
  97. Leahy WAS one of the 'Good Guys'!!! by MacDork · · Score: 4, Informative

    What little faith I had in the US Government is now completely shattered. I expect this out of Hatch, that SOB authored the DMCA, but Leahy!?! Every time I see his name pop up on Slashdot, he's doing something right. I thank $DEITY that there is someone up there on the hill that actually has a clue. Back during the Napster hearings he said,

    This could be a brilliant 19-year-old in a college dorm figuring out Gnutella or some like it. You can't stop it. You couldn't stop it even if you wanted to. What we need to do, I think, is make sure copyrights and patent laws actually reflect the new reality.

    But that's all gone now. Apparently he's had a change of heart in the past few years. Now, instead of likening P2P to the VCR, he sees 60 million Americans as a gigantic cartel.

    The very ease of duplication and distribution that is the hallmark of digital content has meant that piracy of that content is just as easy. The very real - and often realized - threat that creative works will simply be duplicated and distributed freely online has restricted, rather than enhanced, the amount and variety of creative works one can receive over the Internet.

    Without reading the text of the act, I can only speculate... but it appears that he is willing to hand the RIAA keys to a bottomless warchest to aid in their crusade against little girls. Until now I had a great deal of respect for the man. Seeing him 'turn to the dark side' is causing my faith in the system to go from shaken to crumbling. If Leahy bows to them, then who's left up there to speak for us?

    1. Re:Leahy WAS one of the 'Good Guys'!!! by LordK3nn3th · · Score: 1

      Welcome to the Government: Where a dollar changes ideas.

      --

      ---
      Never criticize religion on Slashdot. You will be modded down for "Troll" no matter how factual it is.
    2. Re:Leahy WAS one of the 'Good Guys'!!! by IamLarryboy · · Score: 1

      Sen. Ron Paul

      He is a Libertarian in a Republican's cloths. He is my very last hope for the american system.

    3. Re:Leahy WAS one of the 'Good Guys'!!! by Anonymous Coward · · Score: 0

      What little faith I had in the US Government is now completely shattered.

      I, for one, think this is great. Every little piece of corrupt legislation like this moves the day closer when the sheep get a bellyful and rise up against the corrupt US government.
      More pressure!!!

    4. Re:Leahy WAS one of the 'Good Guys'!!! by Anonymous Coward · · Score: 0
      But that's all gone now. Apparently he's had a change of heart in the past few years.


      A change of bank balance more like.

      I'm actually glad you pointed this out. We now have documentary proof of corruption in government.
    5. Re:Leahy WAS one of the 'Good Guys'!!! by straponego · · Score: 1
      I was surprised by this too. As far back as 1990, every time I saw Leahy's name he was on the side of individual freedom and privacy. Until the PATRIOT act came out, actually. I was severely disappointed to see him vote for the abolition of everything he's always stood for. It looks like he's sold out completely, now. I guess it pays a lot better than representing the people.

      It seems to be a problem with everybody who's been in a high level office for 20+ years or so. By the time you've made it that far you've signed so many deals with the devil that when you cut yourself shaving, only air comes out.

  98. And even worse... by Marx_Mrvelous · · Score: 1

    In prison, they'll just learn how to be better at pirating music online!

    --

    Moderation: Put your hand inside the puppet head!
  99. Re:Constituents speak out by plankers · · Score: 1

    Well, on one hand they would know what people think if everybody responds.

    On the other hand, it should be more of a message when constituents tell them they are unhappy and do not feel they are being represented. If it isn't more of a message then the people of Utah and Vermont should not re-elect them out of principle.

    If you like in Utah or Vermont please make sure that you explicitly mention that you are a constituent of theirs.

  100. The ACT of terror!! by velkr0 · · Score: 1

    "...P2P networks as dens of terrorists, child pornographers and criminals..."

    Damn, using the treat of terror, kiddie porn and criminal activity as a guise of pursuing the interests of the RIAA and MPAA.

    All I can say is 'how typical', while shaking my head, and thinking 'wtf'....

  101. acronyms by MindDelay · · Score: 1

    what is with these acronyms that our elected officials come up with? PATRIOT act, now the PIRATE act. do they sit down and think of clever ways to name these things more than they actually think about the laws they are trying to get passed? it seems so to me.

    --
    Spiral out. Keep going...
  102. I would give to EFPAC by tepples · · Score: 4, Insightful

    Not practical. Look at the diversity of opinion on SlashDot

    OK, then how about an Electronic Frontier PAC? NORML (the weed law reform organization) has both a charity and a PAC; why can't EFF?

  103. More details by macdaddy · · Score: 2, Informative
    Let me give you some more figures:

    TV/Movies/Music:
    Ranked #7 overall of the industries contributing to the 2002 election cycle with a grand total of $39,902,175. 78% went to Democrats, 22% to Republicans.

    You can view TV/Movies/Music's contribution history here.

    Who are the top contributor's in TV/Movies/Music? You can find that out here. The top 6 contributors and their funds for the 2002 election cycle are:

    Saban Capital Group $9,333,000

    Shangri-La Entertainment $6,731,000

    Viacom Inc $2,016,891

    AOL Time Warner $1,502,806

    Walt Disney Co $1,212,364

    Vivendi Universal $1,184,249

    See anybody we know?

  104. Socialism by handy_vandal · · Score: 1

    Er... like Socialism? Sounds good to me.

    Socialism is so 19th-century. I happen to be in favor of socialism's ideals, but as a political movement it doesn't stand a snowball's chance, as the 20th century demonstrated.

    -kgj

    --
    -kgj
    1. Re:Socialism by Anonymous Coward · · Score: 0

      So why do you want to be ruled by corporations?
      Please delete your slashdot account. It's time to go.

    2. Re:Socialism by Anonymous Coward · · Score: 0

      Socialism is so 19th-century. I happen to be in favor of socialism's ideals, but as a political movement it doesn't stand a snowball's chance, as the 20th century demonstrated.

      Er... have you looked around the world recently?

      Much of Europe is socialist. The parts of Africa that aren't war-torn anarchies or evil dictatorships are socialist. Most of South America is socialist. Russia is theoretically socialist, and China has slipped back out of communism into something remarkably similar to socialism. Canada has distinct socialist tendencies.

      The USA is the only major country in the world which has never had a socialist government. But there's a whole world out here, you know.

  105. Subconscious piracy by tepples · · Score: 1

    Perhaps it will start to move more people towards Open Source applications, where downloading software is not illegal.

    I think this is aimed mostly at nondramatic musical works and sound recordings thereof rather than at computer programs. There exists a huge space of possible computer programs but a much smaller space of distinct melodies. In addition, while it's easy to avoid gaining "access" to hostilely licensed copyrighted computer programs, everybody is assumed to have had "access" to copyrighted songs played on the radio. Thus, anybody who attempts to write a new song runs a significant risk of subconsciously pirating an existing musical work.

  106. Lobbying by nacturation · · Score: 1

    The anti-file-sharing bill is just symptomatic of the problem. Lawmakers act without hesitation to protect the interest of corporations, and have to be practically forced to do anything to protect individual citizens.

    This bill has nothing to do at all with your rights as a file sharer. You can share any files for which you have the right to do so. As new business models arise and become popular, people find a way to skirt their responsibilities and the government intervenes. This is why we have legislation concerning corporate monopolies, securities fraud, and the list goes on.

    This bill has absolutely no effect at all on your life unless you choose to do something which is against the law. You may not like it because it makes something which is trivially easy (search, click, download) a criminal offence, but just because it's easy doesn't mean that it's right (to wit: knife, heart, stab).

    Corporations have never had this much influence before, probably because they have enough control of the media to stifle serious discussion of the issues.

    Consider what corporations are: groups of people. Some corporations represent thousands, some hundreds of thousands. A portion of the money generated from the sale of products/services goes towards lobbying the government to pass laws in favor of that particular group of people. Want to compete with this? Form a lobby group, as many have done. Get enough members together who are willing to contribute a portion of their money towards lobbying the government, and you'll have a very powerful force capable of influencing the laws as well. If your particular set of interests are common enough, you can have just as much influence as any corporation. But if they're uncommon, you won't have enough people supporting you and your ideas won't make any difference, as should be the case.

    Also, by buying the products of the corporations which lobby the government, you are supplying the money for that lobbying. The solution is to convince people not to purchase from that corporation -- perhaps even start up your own corporation and sell people on the idea of the superiority of your products/services/ethics/whatever.

    What it boils down to is that some people are willing to put their money (or effort) where their mouth is. Others just sit back and provide amusing commentary. Most on slashdot fall into the latter category.

    --
    Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    1. Re:Lobbying by Anonymous Coward · · Score: 1, Interesting
      Consider what corporations are: groups of people. Some corporations represent thousands, some hundreds of thousands. A portion of the money generated from the sale of products/services goes towards lobbying the government to pass laws in favor of that particular group of people

      So you are saying that minority groups with more cash to flash than possibly the majority, dictate law to an extent. Doesn't that seem wrong?

      The definition of stealing is a bit blurred in my view. The money made in the music industry is produced majoritively by fans. I don't believe fans would, as a rule of thumb, intend to rip off their favourite music artist.

      People I know who download music via P2P generally have no intention of buying the album whether they aquire the music via P2P or not. In reality this means of aquisition primarily becomes a form of advertising.

      This is prevailent with movies also. Who likes 'Lord of the Rings', downloads it and then doesn't see it on the big screen or buy the dvd?

      Admittedly songs released as singles or 'one hit wonders' may be impacted but I doubt any artist that has penetrated the industry would be effected.

      The only viable reason to create laws for P2P is to prevent packaged redistibution and illegal sales.

      Anything else and we may as well start introducing laws for dual cassette decks and radios with a record function.

    2. Re:Lobbying by nacturation · · Score: 1

      So you are saying that minority groups with more cash to flash than possibly the majority, dictate law to an extent. Doesn't that seem wrong?

      The theory is that these small groups are representative of the population as a whole, much in the same way that an elected official is chosen based on the will of the majority and, in theory, represents the views of that majority. It isn't perfect, but it reminds me of that Yogi Berra quote: "In theory, there's no difference between theory and practice. In practice, there is." Most democracies function via representation, where a small group represents the whole. Keep in mind that the laws must also be debated and voted upon. Everyone has the opportunity to see which bills are on the table and contact their governmental representative to voice their concerns. That representative, if he/she wants to be re-elected, will tend to follow what the majority of people support. As the bill makes its way through the process of various drafts, debates, and finally voting, that representative influences the bill and causes it to be adopted, amended, or rejected. Not every new law enacted is so altrustic, for lack of a better word, (consider: PATRIOT and CAPPS) but you can chalk that up to the theory/practice difference again.

      People I know who download music via P2P generally have no intention of buying the album whether they aquire the music via P2P or not. In reality this means of aquisition primarily becomes a form of advertising.

      This is prevailent with movies also. Who likes 'Lord of the Rings', downloads it and then doesn't see it on the big screen or buy the dvd?


      If shared music becomes a form of advertising, then you would see businesses start up to take advantage of the situation. In fact, this has already happened. That's just one example, but there's many online music sites which encourage people to experience the music and pay for it if they like it (sometimes even specifying the amount they want to pay), shareware style. Will people take to this kind of music marketing? That remains to be seen. It certainly needs a lot more exposure for it to happen. Popular music today is played on radio and you can watch music videos on TV. If you like it, you can go and purchase a CD in a store. People like products with shiny labels. One reason why alternatives haven't popped up is because it takes a lot of money to achieve that kind of recognition in the public. The RIAA/MPAA system, while flawed, has at least been proven to work.

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    3. Re:Lobbying by Dashing+Leech · · Score: 1
      This bill has absolutely no effect at all on your life unless you choose to do something which is against the law.

      How very wrong. When rights are violated, everybody suffers. Even criminals have rights. One important right that everyone has is not to be subject to cruel and unusual punishment, i.e., the punishment fits the crime. This goes beyond "cruel and unusual". It's freakin' file-sharing for Christ sakes. It's copyright violation, and this law would treat it the same as a quite violent crime.

      It is ignorant to say it doesn't affect you unless you break the law. Does that mean we should allow laws that punish littering with beheadings? Your same statement applies.

    4. Re:Lobbying by Anonymous Coward · · Score: 0

      Valid points. Unfortunately from my perspective, it seems the US lacks somewhat in democracy. Influential powers should stem from democratic-rich organisations. This is idealistic I admit but being Australian, the capitalistic nature of the US seems rampant and from the outside in, seems to permeate too far into governmental processes/procedures.

      I'm not saying it's perfect here, and I am most likely out of place criticising another coutries infrastructure when mine is flawed also. In saying that I know how lucky I am to live in OZ.

      I guess to me the problem is less like people running through houses and stealing property and more like freshly baked pies being left to cool in the middle of an expressway? ... Sometimes the definition as to who is at fault greys and the application of such a law and the ritual 'example making' is misapplied.

      There should be (or I wish there was) some assurance of justice prevailing (a struggling student being jailed for the download of an mp3 to me doesn't seem appropriate).

      The focus should be on applying laws that allow pros to outweigh cons rather than pointing and attacking. Change being the inherent nature of media, I think laws applied to it should reflect that.

      But that is after all just my humble opinion and I'm sure, easily disputed :)

  107. EFPAC by handy_vandal · · Score: 1

    OK, then how about an Electronic Frontier PAC? NORML (the weed law reform organization) has both a charity and a PAC; why can't EFF?

    Excellent idea!

    -kgj

    --
    -kgj
  108. That's just retarded. by Ayanami+Rei · · Score: 2, Insightful

    My opinion has always been thus:

    If you want to pirate something or share it with friends, do it on your own dime. Presumably you _want_ your friends to share in whatever cool thing you've discovered, so you'd put out a little to get it in their hands. In the case of P2P, I don't feel bad, it's my bandwidth I'm paying for that people use to download what I choose to let them download. I aim to shed light on the esoteric and underexposed.

    Not act as a gatekeeper profiting off someone else's hard work. That's just sleazy.

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
  109. Republicrats are of one mind about copyright by tepples · · Score: 2, Insightful

    voting is the only meaningful feedback mechanism you have, and is considerably less messy, so I suggest you use it.

    Both the DMCA and the Bono Act had wide support among members of both the Republican Party and the Democratic Party in both the House and the Senate. They had enough to pass both bills by voice vote, which typically indicates 80 percent assent in each house. What chance does a third political party have of winning a plurality in the Congress?

  110. Make Share Fair by ClickTheVote · · Score: 2, Informative
    From the article: "The Pirate Act effectively gives government the authority to use taxpayer dollars to bring civil actions against file sharers on behalf of copyright holders."

    We The People can stop this bill and get Congress to focus on solutions that will make P2P sharing legal. The EFF is a 501(c)(3) non-profit so unfortunately they cannot lobby Congress. Click The Vote on the other hand is organized as a (c)(4) specifically for the purpose of lobbying Congress on issues like this.

    Everyone should sign Click The Vote's "Make Share Fair" petition that supports legal file sharing. Click The Vote also supports open computing and open standards. Joining Click The Vote is a free and easy way to get involved in a group that will challenge the positions of candidates and elected representatives on issues like P2P file sharing and open computing.

    We can make a difference if we band together and make our voice heard in the U.S. Congress and European Parliament. Don't just complain, get involved with Click The Vote !

  111. "PIRATE" Bill - We can fight back ! by Llamakiller-4 · · Score: 0, Redundant

    Everyone, sit up and pay attention.
    You have an easy, affordable way to crush them at their own game.
    1. Make your own audio recordings of live music with a Minidisc recorder or DAT recorder. Get out to the pubs, your friends band, play your own music, whatever - get it recorded.
    2. Get out of the chatrooms and onto that computer and start editing your own recordings using freely available tools.
    3. Create Mp3's, Audio CD's and SHARE them with everyone. No hassles with copyrights.
    4. You dont need Record Labels, Music Studios, Lawyers or Politicians.
    5. Get out there and share your work with everyone.
    - - - - - - - - -
    Take this industry "Good ol' boy" network down. - Empower yourselves!

    Go to GOOGLE now and find FREE resources for:
    Home Recording
    Minidisc Recorders
    Mp3 Burning via PC
    Audio Editing via PC
    P2P networks (for your NON-copyrighted material)

    It's simple, easy and cheap. Do it now.
    -- GET THE WORD OUT ! --

    --
    "It's what you learn after you know it all that counts", Earl Weaver - Legendary Coach of the Baltimore Orioles
  112. Not denying by sjb2016 · · Score: 1

    I'm not denying that the Supreme Court (rightly or wrongly) granted the same rights individuals enjoy to corporations. Also appreciate the other cases you listed (I knew about Minn RR v. Beckwith) However, in the beginning, corporations were formed for a specific purpose and only with the approval of the legislature, and typically for only a limited time. IE a railroad could only build tracks and run trains, they couldn't buy out a radio station without government approval. In the good old days, corporations existed under the watchful eye of the government, now it seems, more and more, that the government makes no decisions without corporations slanting the government's decisions. That, my friend is scary.

  113. Get them where they breed by ElectricPoppy · · Score: 2, Interesting

    Start filesharing copies of these stupid bills. Then we can complain to the media that these guys are trying to snuff free speech. They'll beg for their political lives.

  114. Not until cars get WiFi by tepples · · Score: 1

    Do you really not believe that the Internet has the potential to more directly connect artist and fan, cut out some of the middlemen, and do away with the traditional dependence on brick-and-mortar and conventional "terrestrial" radio?

    To some extent? yes. To enough extent to displace the cartel? not until the average middle-class American can get affordable wireless Internet access in a moving car or on public transportation. Also remember that many households that can afford a $30 CD player and the occasional $13 major label CD still can't afford a computer and high-speed Internet access. And you skipped responding to the question about subconscious misappropriation.

  115. 2 words.. by Anonymous Coward · · Score: 0

    you as an individual cannot do much.
    but as a group there is always power.
    Learn from the Mahatama : "Civil Disobedience"

    Let this become the law..
    then to prove how ridiculous it is...
    let half the population of America volunterrily share a file and surrender to the law.
    Overload the Justice System.

    maybe then someone will realize the stupidity and absurditiy of this whole thing.
    THe punishment should fit the crime.

    -ap

  116. Hmm.. by bigattichouse · · Score: 1

    Makes me wonder what happens if your shareware program is installed on someone's office network, if you could use the same act to cause probs. Weren't there issues with unregistered software being run by senate officials?.. wonder if you can turn this on its head.

    --
    meh
    1. Re:Hmm.. by KD5YPT · · Score: 1

      That and in a lot of other countries, mostly in Asia, the operating system of choice is still Windows, pirated. The funniest one? Phillipine wants to stop piracy, asked Microsoft for help. Microsoft went over and asked to use their computer, what did they find? Pirated windows, office...

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
  117. consider opting out by puzzled · · Score: 2, Interesting



    I'm amazed that people buy the dreck that the music industry is putting out these days. I've got 30 gig of MP3s and they're all legal live recordings of various bands. I don't share 'em because I like having a low latency link, but I *could* share and it wouldn't be a problem.

    Maybe its your *taste* that is the problem - adjust that and suddenly the RIAA is just a comical thing to read about on slashdot occasionally.

    --
    I am very easy to get along with, but I don't have time to waste being nice to people who are being stupid. -Theo
  118. Maybe by WillRobinson · · Score: 1

    We should all just start practicing our goose stepping now..

  119. It's a sad day by imemyself · · Score: 2, Insightful

    When people who are just sharing a couple of files, could be put in prison. People here in the US, write your senators and representitives, hell even if you don't live in the US, just email a few, saying you're one of their consitutents, it wouldn't hurt. If anything the companies like M$, and Adobe, and the RIAA and MPAA should be put in prison for stealing from consumers. The minute amount that may or may not be taken from those companies profits by P2P, is nothing compared to the price gouging that they do. Just look on M$'s website under the corporate section. It says 10 billion dollars in quarterly revenue. Do you really think they need any more? And hell, I'm a republican. Maybe also email judges and governors, asking them to challenge this bill.

    --
    Every time you post an article on Slashdot, I kill a server. Think of the servers!
  120. Please split by Anonymous Coward · · Score: 0

    The problem is hyperbolist cowards like yourself never follow through. Please leave. Unfortunately, I suspect if Bush gets elected again you will just continue to sit on your fat, ignorant ass posting your brand of bullshit using cutesy, asinine luser colloquialisms like Bush 2.0 .

    1. Re:Please split by Anonymous Coward · · Score: 0

      Unfortunately, I suspect if Bush gets elected again you will just continue to sit on your fat, ignorant ass posting your brand of bullshit using cutesy, asinine luser colloquialisms like 'luser'.

  121. From Hatch's website by focitrixilous+P · · Score: 4, Interesting

    Indeed, our government recognizes that its enforcement powers are appropriate when protecting intellectual property and public safety. Recently, in a speech to the United States Chamber of Commerce, Deputy Attorney General James B. Comey, Jr. asserted that the Department of Justice should assist private enforcement of intellectual property rights if any of three criteria are met: (1) the level of piracy becomes particularly egregious; (2) public health and safety are put at risk; or (3) private civil remedies fail to adequately deter illegal conduct.

    When would that be? People aren't going around killing each other with p2p applications, nor do I know how that is even possible. What a moron. Let's put the blame on terrorism, way to go.

    --
    SAILING MISHAP
    1. Re:From Hatch's website by Alsee · · Score: 1

      That's probably a refference to the porn, LOL.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  122. Confused.. by firew0lfz · · Score: 1

    Quote: (from Wired Article)
    "In defending the Pirate Act, Hatch said the operators of P2P networks are running a conspiracy in which they lure children and young people with free music, movies and pornography."

    Uhm, how *exactly* is running a P2P network a "conspiracy"?? You could argue that people who run IRC networks are conspirators. Same with running FTP servers. I mean, yes, there is alot of porn on KaZaa, and free music, and movies, but I fail to see how they can label the intent of p2p networks to "lure children and young people" as some kind of "conspiracy"...

    I mean, wouldn't it be more like young people usually don't have jobs, and therefore are more prone to downloading music online for free? And more or less, most teens are horney bastards, who, uhm, are going to look at porn? Not that I support the distribution of child pornography; not at all, but the whole labeling of it being a "conspiracy" really irks me. And yes, I do know that 90% of material traded on p2p networks is copyrighted material.

    Quote:
    "If the draft becomes law, anyone sharing 2,500 or more pieces of content, such as songs or movies, could be fined or thrown in jail. In addition, anyone who distributes content that hasn't been released in wide distribution (for example, pre-release copies of an upcoming movie) also would face the penalties. Even a single file, determined by a judge to be worth more than $10,000, would land the file sharer in prison."

    Ouch. Although I understand that people do need to be reimbursed for their creative works, we do really need to redo our whole copyright system. And methinks that, as far as the Internet and content published on the Internet goes, we really should start pushing for more content put online to be published under the Creative Commons license (http://creativecommons.org/), which I think is much more in harmony with the spirit of the Internet than is old standard copyright.

    Not that I'm saying people shouldn't be able to run online businesses, just that the spirit of the Internet, and computing in general was to share and promote ideas with people.. and uhm, current copyright laws don't exactly work to well with those ideals.

    --
    Try not to let life get in the way of living.
    1. Re:Confused.. by KD5YPT · · Score: 1

      I'm not against the long time period of copyright for written work and songs, I'm against it when it's applied to software. Anyone here can name 10 softwares written 15 years ago that still works on moderm P4 computers?

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
  123. Land Shark, Away! by Anonymous Coward · · Score: 0

    "As a result, the Department will be able to impose stiff penalties for violating copyrights, but can avoid criminal action when warranted." I'm outraged (and i'm sure i'm not alone) that a couple lame-o senators are appropriating the term PIRATE for such a ridiculous, non-gay rights measure. (Well...it is ghey...but not GAY). ARGGHH!!!. I'll unsheathe my sword and show you some stiff penalties, matey! --signed Blackbeard teh Queer

  124. that's a good start, but... by pb · · Score: 3, Funny

    I think we need *more* laws like this. For example, how about this one:

    Any Congressman who receives $10,000 or more from the RIAA should be put in jail...

    --
    pb Reply or e-mail; don't vaguely moderate.
  125. Well what do you think of Larry Lessig now? by argoff · · Score: 3, Interesting

    As for me, this is exactly why I dislike people such as Larry Lessig who persue a compromise approach to copyrights. All that ever happens is that they end up getting used and exploited to appease the masses with wishfull thinking, while the MPAA and the RIAA make their next move to screw everyone over.

    If anything, it is in our best interest to force the death of copyrights once and for all. It amazes me to see how many people fail to see that the 'emperor is naked' - they actually think that copyrights are just like other free market property rights - that restricting what people can copy actually creates some kind of benefit. Well, bullshit. All people like Lessig do is just get in the way, like those who tried to delay the fall of the USSR, like those who wanted the free states to get along with the slave states. They are useless.

    1. Re:Well what do you think of Larry Lessig now? by KD5YPT · · Score: 1, Troll

      I bet you're not one of the following.
      1. Author
      2. Artist
      3. Programmer
      4. Painter

      Without copyright, I will bet pretty soon, there won't be much of a career as author, artist, nor painter.

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
    2. Re:Well what do you think of Larry Lessig now? by argoff · · Score: 2, Interesting


      I bet you're not one of the following.

      1. Author
      2. Artist
      3. Programmer
      4. Painter

      Without copyright, I will bet pretty soon, there won't be much of a career as author, artist, nor painter.



      Actually, I'm all 4, I've heard that before, and I'm sick and tired of it because it wouldn't matter if I was none, but I'm all and because of that I've seen the crap related to copyrights first hand. (Oh, and PS, the entire renassance happened without copyrights, so where are you comming from)

      You know, when people say things like this to me, what it means to me, is that they can't think logically about copyrights - so instead they try probing into my personal life to see if they can find some kind of insincere motive to justify blowing me off and ignoring the facts.
      Thanks, but no thanks.

    3. Re:Well what do you think of Larry Lessig now? by Christ-on-a-bike · · Score: 1
      I respect your point of view, but whether or not abandoning copyright is the right way to go, it's an extreme position. Cutting out copyright just like that would be very disruptive. To a politician, economist, or businessperson, disruption is simply 'bad'; it wrecks things.

      Someone needs to advocate incremental change, otherwise there just won't be any change. The existing system of treating copyrights as 'capital' is too entrenched. It's got to go, yes, but in stages.

    4. Re:Well what do you think of Larry Lessig now? by argoff · · Score: 1

      I understand what you're saying, but I disagree for example....

      At the end of WWII they didn't want to end price controlls because too many people who benefited from them thought the economic shock would be too harmfull. But then all of a sudden the supreme court rulled that they were unconstitutional and an economic boom happened. The same happened at the end of prohibition (though not economic) as soon as it ended, the mob violence ended almost immediately - inspite of the fact that the new economic realities made it harder for them then ever before. Another example, is the former Soviet Union, where we tried to prop up a failed regime with economic aid in the name of maintaining stability - but it ended up making things less stable.

      But my worst fear, is things being like the US 1850's plantation system, where it had to fall - but nobody would let it fall untill it was way to late. Forgetting about appeasement and forcing the issue early, would have caused alot of anger and bitterness, but avoided the "bloodiest" war in history.

      Today, forcing the issue with copyrights will certainly piss off alot of people, but big brother isn't going to be able to muster up enough strength to shut down peoples free speech rights. In the information age of big databases, big money, and no technological distinction between free speech content and copyright content - it will almost predestine abusive behavior.

    5. Re:Well what do you think of Larry Lessig now? by spectecjr · · Score: 1

      Actually, I'm all 4, I've heard that before, and I'm sick and tired of it because it wouldn't matter if I was none, but I'm all and because of that I've seen the crap related to copyrights first hand. (Oh, and PS, the entire renassance happened without copyrights, so where are you comming from)

      Copyright only became necessary around the time of the Rennaisance; the printing press had only just been invented at that time, and it was nearly impossible to copy those artworks with it anyway.

      It was only shortly afterward when book after book was being copied without the authors' consent that it was seen that copyright of some kind was a necessary concept.

      The only difference between then and now is one purely of volume; with huge quantities of copyrighted works being created every day, people have lost sight of the fact that those works are indeed valuable - and that it takes work to create them. When everyone can be a journalist (though not necessarily a particularly good one) by throwing together a website, you no longer consider the articles you read online to be special - or work.

      However, that doesn't change the intrinsic value inherent in that work one iota; it just means that there's more to choose from now.

      I seem to recall the Rennaisance also involving much higher prices for those artworks... people were in the employ of kings and emperors and churches - and producing one artwork every 5 years was enough to keep you alive and fed and happy.

      The same does not apply today - people don't pay those prices. So a different model evolved - the production of prints and duplicates, which could be sold for much less.

      Copyright is and always has been all about selling on volume, not on margin. If you can mass produce something, the price drops for the individual consumer. Without copyright, you can expect the system to address that by raising the price accordingly.

      Would you be willing to pay the $100,000 it costs to make a new album, if you're the only one paying for it? Or the $10,000,000 it costs to make a movie?

      --
      Coming soon - pyrogyra
    6. Re:Well what do you think of Larry Lessig now? by argoff · · Score: 1

      First off, copyrights wern't created because books were being coppied without the creators consent as they starved in the streets. They were created for publishers who wanted to take works out of the public domain and keep their competitors from printing the same works, and by Kings who wanted to censor the press by granting such publisher monopolies in return for them agreeing not to publish bad things about the monarchy. So your premise is bogus.

      Ironically, so is your conclusion. The simple observable measurable fact is - that for every creator that copyrights have financially benefited, there are thousands who they haven't helped a bit, hindered or even destroyed.

      Your other implied premise, that noone will create worthwhile information without copyright monopolies, is also bogus.

      So are you going to turn away 2 million concert goers nationwide who are willing to pay an average of over $40 a pop to see you entertain because they can copy your music online? Yeah, things will change when copyrights go away, so what, they need to change.

    7. Re:Well what do you think of Larry Lessig now? by spectecjr · · Score: 1

      First off, copyrights wern't created because books were being coppied without the creators consent as they starved in the streets. They were created for publishers who wanted to take works out of the public domain and keep their competitors from printing the same works, and by Kings who wanted to censor the press by granting such publisher monopolies in return for them agreeing not to publish bad things about the monarchy. So your premise is bogus.


      You're incredibly misinformed. It was the authors getting screwed. Copyright came about to protect them.

      Ironically, so is your conclusion. The simple observable measurable fact is - that for every creator that copyrights have financially benefited, there are thousands who they haven't helped a bit, hindered or even destroyed.

      However, the others - the people who are not the creators - didn't actually contribute anything to actually putting the work together in the first place, so what makes you think that they deserve any kind of right to that material at all? Boo hoo - they're "destroyed" because they copied that material? Perhaps they shouldn't have copied it. Nobody forced them to. It wasn't like that material meant the difference between life or death to them. Color me unimpressed.

      Your other implied premise, that noone will create worthwhile information without copyright monopolies, is also bogus.

      So are you going to turn away 2 million concert goers nationwide who are willing to pay an average of over $40 a pop to see you entertain because they can copy your music online? Yeah, things will change when copyrights go away, so what, they need to change.


      Without copyright, you return to the royalty system. The real royalty system - where royalty has to bestow upon you the title of "master composer" or some such nonsense, and then pay for you to live.

      And no, you don't have to turn away 2 million concert goers. If you think that this way of working will benefit you, then it's your choice not to prosecute people who steal your material - and, if you prefer, to allow them to copy it legally without stealing. However, that doesn't mean that you should enforce that lifestyle on everyone else.

      Similarly, you can't force anyone to release an original work under the GPL - no matter how much RMS might want that to be the case.

      --
      Coming soon - pyrogyra
    8. Re:Well what do you think of Larry Lessig now? by rekt · · Score: 1
      Not to start a licensing flamewar, but...

      if you support the GNU project, you'll see that we need copyrights. The whole foundation of GNU principles is based on enforceable copyright law. We need some method to strongly coerce people who take advantage of the commons (read: GPL'ed works) to contribute back to the commons themselves. Copyright is that mechanism at the moment, via the GPL. Feel free to propose another mechanism, but for right now, it seems to be working pretty well. There's been a huge explosion of GPL'ed work in the last 10 years.

      Of course, some folks will always want to use more lenient licenses, like the BSD license, or just straight-up public domain, as is their right. And their work will be more likely to be adopted by commercial interests and "embraced and extended" into proprietary applications. That should be up to the individual author.

      Under a no-copyright regime, if you don't want other people taking your work and bastardizing it and not at least returning the bastardizations for peer review, your only option to just keep yer code hidden from everyone else forever. We all know what code like that looks like.

      Getting rid of copyright altogether? No thank you. If i put in the effort to create something, i want to retain some control over it for a little while at least.

      Now, does that control need to last 90-odd years for me to have an incentive to create? of course not, but that's a different question...

  126. Thanks for pointing that out... by OneInEveryCrowd · · Score: 1

    Since I use BitTorrent and IRC exclusively for anime I might be hard to prosecute under the "anyone sharing 2,500 or more pieces of content" part. It does look conceivable that a fansub could be "pre-release copy" if the American distributers really wanted to put the DOJ up to protecting Japanese content. It did look like the bill is still in draft status and all the details haven't worked out yet though.

    It didn't look those idiots know about sharing methods other than Kazaa or anonomizers either.

    If this actually happens it won't be like industry will make more money off me personally. I cut all CD and music related purchases to zero after Audio Galaxy was shut down. I won't do this with anime, I'll just walk up the street to Nikaku Animart (one of the best anime rental places in the US, I live near the San Jose Japantown area) and rent. The amount of money I spend will NOT increase however.

    I'll probably loose at least 20 pounds when I spend the former DSL money on a health club too.

    1. Re:Thanks for pointing that out... by cpt+kangarooski · · Score: 1

      if the American distributers really wanted to put the DOJ up to protecting Japanese content.

      1) Until the American distributors acquire rights in the work, they have no real position.

      2) Prior to that, the Japanese companies tend to hold the rights in the US. They can pressure the DOJ, BUT -- and this is important -- the DOJ could decide to sue even if the American and Japanese companies begged them not to. The DOJ would have discretion to ignore it or file suit at their whim.

      It didn't look those idiots know about sharing methods other than Kazaa or anonomizers either.

      Depends on how much you trust those things. BT is great, but not at all secretive.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  127. How Appropriate..... by cvande · · Score: 1

    Who's plundering what?............

  128. Have faith in economics, not entrenched interests by silentbozo · · Score: 3, Insightful

    Actually, I'm surprised that instead of supporting and nurturing technologies (like p2p) and liberalizing the restrictions on information in support of new industries that can employ lots of US workers, they're supporting legislation that will drive these industries offshore, thereby shifting what could have been US jobs overseas.

    Consider how much economic activity was generated by the whole Y2K thing, and by how much economic (ie, hardware purchases, purchases of broadband) by Napster. These events, although by themsleves, did not contribute a lasting economic impact, the investments that they induced people to make (ie, always on internet, faster computers, more computers everywhere), created a ready market for all those internet companies that survived the shakeout - ie, Amazon, eBay, etc.

    For an example of how US restrictions have nurtured overseas industries, look at India's pharmecuticals industry, which went from generics and copying patented drugs, to partnerships with US companies to conduct research, manufacturing, and clinical trials. A similar gap is happening in embryonic stem cell research. China is driving development of new video entertainment technologies because they don't want to be beholden to US patents on every unit they sell (ie, Dolby, MPEG2, etc.)

    The early movie industry was based on what the movie companies would now call "piracy". Songwriters at the turn of the century decried recording technology as theft of the songwriter's trade. Basically, whole industries have all, at one point or another, been accused of unfairness (ie, unfair competition, destroying jobs, etc.) Many, if not all of them, have spawned far more jobs and economic wealth than the industries that preceeded them.

    Instead of turning back the clock at the behest of monied interestes, and setting US economic progress back years, if not decades, we should be liberalizing our laws. The idea that to effectively promote a new music act, or book, or movie, requires a whole bunch of money and time is no longer true (the demise of the multiple layers of distribution between recording artist and the now defunct corner record store - which didn't exist one hundred years ago, is an example of that.) Regarding research, investment, and development - the money will ALWAYS be invested when investors smell money - the fact that they will have to recoup their money faster, or will have to contend with more competition merely drives more competing efforts, which means MORE JOBS FOR EVERYONE, MORE CHOICE FOR CONSUMERS, and A MORE EFFICIENT ECONOMY.

  129. ORIN SNATCH CAN GO FUCK HIMSELF by Anonymous Coward · · Score: 0

    What a frukin cock sucking hypocritical mindless jerkoff

    i hope he chocks on his own testicles

  130. Current inmates support bill by obsid1an · · Score: 3, Funny

    The new influx of skinny white, 18-25 year old males is sure to make the current prison population happy.

  131. Next the CONSUMER Act... by Anonymous Coward · · Score: 0
    And then to make sure everyone will still purchase all this stuff that has all these strings attached, we plan to enact the CONSUMER Act (Compel Our Neighbors to Support US Manufacturers, Employers and Retailers).

    Someday we might get it right and actually support our citizens instead of self-serving companies. No - that's not good for busine^h^h^h^h^h^h politics. :-/

  132. Good Point. by BigChigger · · Score: 1

    If I could get the RIAA et al to give me $150K+ I could buy CDs for the rest of my life.

    BC

  133. If this passes, it won't bode well. by Anonymous Coward · · Score: 0

    Then what's to stop the RIAA introducting a bill to ban P2P all together.

  134. Speaking of phone utilities (Case In Point) by lysium · · Score: 3, Informative
    Just in case anyone needs a reminder of the value produced by a no-bid contract with a monopoly:

    Last night Verizon-NYC upgraded software systems on the phone network. Unforunately the 911 crashed hard and did not come back up. The backup system was, regrettably, also incompatible with the software upgrade. So for all of a busy Friday night in a city of 8+ million people, callers to 911 received a busy signal. Who cares to guess how many people were killed by Verizon last night?


    ===---===

    --
    Together, we will drive the rats from the tundra.
    1. Re:Speaking of phone utilities (Case In Point) by AstroDrabb · · Score: 1
      Who cares to guess how many people were killed by Verizon last night?
      42?

      Just kidding. I actaully hope that no one person lost their life last night because they could not get help in time. That would be a pretty bad situation to be in : (
      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    2. Re:Speaking of phone utilities (Case In Point) by plusser · · Score: 1

      I was in New York Last week, just before this incident. I wondered why there were so many Verizon vans parked around Manhattan, digging holes in the road, making the traffic even worse than it was; now I have my answer.

  135. criminal domination of political power by handy_vandal · · Score: 1

    Truly inspirational words to live by. Are you French by any chance?

    Nope. An American, who figured out that the Kennedy Assassination, the Nixon Regime, and Bush Dynasty all add up to organized criminal domination of political power in America.

    -kgj

    --
    -kgj
  136. I wrote to My Senators, write to yours. by swirlyhead · · Score: 4, Informative
    My letter:
    Dear Senator $congresscritter,

    I am writing to urge you to speak out against the Protecting Intellectual Rights Against Theft and Expropriation Act of 2004 (the so called PIRATE act) sponsored by Senators Orrin Hatch and Patrick Leahy.

    This act would have far reaching negative consequences, resulting in the further criminalisation of hundreds of thousands of your constituents and result in widespread abuses of civil law. A law like this flies in the face of common sense and given that it so lowers the standards of proof required, is ripe for corrupt selective enforcement.

    Please consider instead offering a solution similar to that which has worked for the radio industry for decades, where compulsory licensing has allowed artists to be rewarded and has allowed millions of people to enjoy the gift of music without being treated as criminals.

    Yours $name

    you can find your senators by following this link
    1. Re:I wrote to My Senators, write to yours. by Anonymous Coward · · Score: 0

      resulting in the further criminalisation of hundreds of thousands of your constituents and result in widespread abuses of civil law

      Now you _KNOW_ hes going to vote for it. More power for him!

    2. Re:I wrote to My Senators, write to yours. by isorox · · Score: 1

      COudln't find my Senator, but I'm guessing if I wend it to "Tony Blair, C/O George Bush, Washington, USA" it will get there

    3. Re:I wrote to My Senators, write to yours. by Jason+Ford · · Score: 1

      I couldn't find my senator: I live in DC. Oh, that's right, we fall under the Taxation Without Representation plan.

      --
      I did not become a vegetarian for my health, I did it for the health of the chickens. --Isaac Bashevis Singer
  137. As Long As It's Not The Technology... by schnarff · · Score: 1

    Well, while I would oppose anything that makes it easier to go after filesharers, I'd prefer a bill that lets the DOJ go after individuals over something that makes the technology itself illegal. After all, there are still a lot of legitimate uses for P2P networks, and this bill still leaves room for them.

    Of course, given the pace at which laws are being passed on this subject, I'm sure it's only a matter of time until laws making P2P altogether are passed. One could only hope that the courts would throw them out based on good ol' Sony v. Betamax.

  138. Orrin Hatch is a Hypocrite by labiator · · Score: 0

    What happened to the GOP's Contract with America?
    What happened to Term Limits? He as been in office since 1976. Twenty eight years by my math.
    Is it any surprise that SCO is based in Utah?
    I do pity the upstanding persons in Utah, and I think if I were with the mormon church, I would excommunicate Orrin Grant Hatch for bringing shame to my church, and having no moral turpitude.

    --
    Win if you can... Lose if you must... But always CHEAT!
    1. Re:Orrin Hatch is a Hypocrite by _Sharp'r_ · · Score: 1


      I don't live in Utah, but I know plenty of people who aren't happy with Hatch who do. At least Levitt is out of there.

      Hatch spends more time co-sponsoring bills with Teddy Kennedy than working on his constituents issues.

      --
      The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
  139. I don't claim him as my rep... by Anonymous Coward · · Score: 1, Interesting

    Orin's forgotten that he represents the people of Utah and not just corporate interest.

    I ma live in Utah, but between SCO and Hatch (Remember he wanted the right to trash people's machines remotelY) I'm thinking Nevada might be a good move.

  140. Since Reading the Article doesn't help by PetoskeyGuy · · Score: 2, Informative

    You might as well read the actual draft. Not that it's going to stop the clueless first post who like to comment on their first impression of a single paragraph. :oP

    Forgive the formatting, /. filters at work.

    From thomas.loc.gov
    ------------------------
    S 2237 IS

    108th CONGRESS

    2d Session

    S. 2237

    To amend chapter 5 of title 17, United States Code, to authorize civil copyright enforcement by the Attorney General, and for other purposes.

    IN THE SENATE OF THE UNITED STATES

    March 25, 2004

    Mr. LEAHY (for himself and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

    A BILL

    To amend chapter 5 of title 17, United States Code, to authorize civil copyright enforcement by the Attorney General, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

    This Act may be cited as the `Protecting Intellectual Rights Against Theft and Expropriation Act of 2004'.

    SEC. 2. AUTHORIZATION OF CIVIL COPYRIGHT ENFORCEMENT BY ATTORNEY GENERAL.

    (a) IN GENERAL- Chapter 5 of title 17, United States Code, is amended by inserting after section 506 the following:

    `Sec. 506a. Civil penalties for violations of section 506

    `(a) IN GENERAL- The Attorney General may commence a civil action in the appropriate United States district court against any person who engages in conduct constituting an offense under section 506. Upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty under section 504 which shall be in an amount equal to the amount which would be awarded under section 3663(a)(1)(B) of title 18 and restitution to the copyright owner aggrieved by the conduct.

    `(b) OTHER REMEDIES-

    `(1) IN GENERAL- Imposition of a civil penalty under this section does not preclude any other criminal or civil statutory, injunctive, common law or administrative remedy, which is available by law to the United States or any other person;

    `(2) OFFSET- Any restitution received by a copyright owner as a result of a civil action brought under this section shall be offset against any award of damages in a subsequent copyright infringement civil action by that copyright owner for the conduct that gave rise to the civil action brought under this section.'.

    (b) DAMAGES AND PROFITS- Section 504 of title 17, United States Code, is amended--

    (1) in subsection (b)--

    (A) in the first sentence--

    (i) by inserting `, or the Attorney General in a civil action,' after `The copyright owner'; and

    (ii) by striking `him or her' and inserting `the copyright owner'; and

    (B) in the second sentence by inserting `, or the Attorney General in a civil action,' after `the copyright owner'; and

    (2) in subsection (c)--

    (A) in paragraph (1), by inserting `, or the Attorney General in a civil action,' after `the copyright owner'; and

    (B) in paragraph (2), by inserting `, or the Attorney General in a civil action,' after `the copyright owner'.

    (c) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter 5 of title 17, United States Code, is amended by inserting after the item relating to section 506 the following:

    `506a. Civil penalties for violation of section 506.'.

    SEC. 3. AUTHORIZATION OF FUNDING FOR TRAINING AND PILOT PROGRAM.

    (a) TRAINING AND PILOT PROGRAM- Not later than 180 days after enactment of this Act, the Attorney General shall develop a program to ensure effective implementation and use of the authority for civil enforcement of the copyright laws by--

    (1) establishing training programs, including practical training and written mat

  141. Beyond the Corporate State by handy_vandal · · Score: 1

    Countries -> Multicountry pseudo governments (like EU) -> World Government

    I agree entirely with your reasoning -- in fact, my own reasoning follows the same line, although I didn't actually spell it out in my original post.

    However, I have good reason for sanguine pessimism: I live in America, which would sooner declare war on other nations than share power. (Come to that, it would rather assassinate it's own liberal politicians than share power.)

    The trend is for organizations to become wider. The day many people WORLDWIDE are fucked up, because capital respects no country, and cares about nobody, is the day that you'll begin to see a push for a worldwide government that can regulate capitalists worldwide...they will have nowhere to hide.

    I hope so. I was being a bit cheeky in my original post -- but all joking aside, I agree with you and I hope you're right.

    -kgj

    --
    -kgj
  142. Next step: socialism by gad_zuki! · · Score: 3, Interesting

    >Social evolution in action: corporations are more efficient -- better adapted to their environment

    Okay, so considering corporate consolidation and conformity in business practices is the norm the next step is to just grant them all monopolies thus socialism - government controled means of production.

    Or we can break monopolies, remove corporate money and influence from our politicians, and pass pro-consumer laws.

    Considering how few companies own so much capital, our media fails us, and how little say we have and in anything then we're practically the USSR and we all know how that little experiment ment.

    >no Revolution, no Topple the State, no Stop the Corporations

    Yeah, that's the defeatist attitude they want to have. Go back to watching Reality TV while us adults try to fix things.

    1. Re:Next step: socialism by Anonymous Coward · · Score: 0
      Okay, so considering corporate consolidation and conformity in business practices is the norm the next step is to just grant them all monopolies thus socialism - government controled means of production.


      The difference here is that the government in a socialist state represents the people, not the corporations; and hence the means of production is in the hands of the proletariat equally and not concentrated in the hands of a few (corporations in your scenario). What you're talking about isn't socialism, it's fascism -- the merging of corporation and state.

      Considering how few companies own so much capital, our media fails us, and how little say we have and in anything then we're practically the USSR and we all know how that little experiment ment.


      Right. Except the USSR wasn't a socialist state.
  143. Auto-generated response by Safety+Cap · · Score: 4, Funny
    "The `Protecting Intellectual Rights Against Theft and Expropriation Act of 2004' (aka the PIRATE Act) is designed to criminalize P2P filesharing by lowering the burden of proof for law enforcement and proposing jail terms of up to 10 years."

    This article advocates a

    ( ) technical (x) legislative ( ) market-based ( ) vigilante

    approach to fighting copyright violation. Your idea will not work. Here is why it won't work.
    (One or more of the following may apply to your particular idea, and it may
    have other flaws based upon your lack of understanding how the internet works.)

    (x) People outside the reach of US law can easily continue to swap copyrighted works
    ( ) Networking and other legitimate p2p uses would be affected
    ( ) No one will be able to find the guy or slam him in the clink
    (x) It is defenseless against encryption/sourcehiding
    ( ) It will stop p2p sharing for two weeks and then we'll be stuck with it
    ( ) Users of p2p networks will not put up with it
    ( ) Microsoft will not put up with it
    ( ) The police will not put up with it
    ( ) Requires too much cooperation from ISPs
    ( ) Assumes that no Freenet-style p2p networks will be developed
    ( ) Many p2p filesharers are children; when you bust them they will be paraded on TeeVee as an example of government excess
    ( ) Anyone could anonymously destroy anyone else's career or business

    Specifically, your plan fails to account for

    ( ) Laws expressly prohibiting it
    (x) Lack of centrally controlling authority for the internet
    ( ) Open p2p networks in foreign countries
    ( ) Ease of developing circumventive technology
    ( ) Asshats
    (x) Jurisdictional problems
    ( ) Unpopularity of weird new laws
    ( ) Public reluctance to accept weird new forms of money
    ( ) Willingness of users to install OS patches
    ( ) Armies of worm riddled broadband-connected Windows boxes
    ( ) Eternal arms race involved in all monitoring approaches
    ( ) Extreme availability of copyrighted files online
    ( ) Joe jobs and/or identity theft
    (x) Technically illiterate politicians
    ( ) Extreme intelligence of people who will fight you
    ( ) Kazaa

    and the following philosophical objections may also apply:

    ( ) Ideas similar to yours are easy to come up with, yet none have ever been shown practical
    ( ) Any scheme based on filename matching is unacceptable
    (x) Network protocols should not be the subject of legislation
    ( ) Witchhunts suck
    (x) We should be able to trade indi songs (that they themselves post to p2p) without being busted
    ( ) Countermeasures should not involve sabotage of public networks
    ( ) Countermeasures must work if phased in gradually
    ( ) Sharing any non-copyrighted files should be allowed
    ( ) Why should we have to trust you and your servers?
    ( ) Incompatibility with open source or open source licenses
    (x) Feel-good measures do nothing to solve the problem
    ( ) Roving bands of vigilantes tend to attack more innocent people than those who are committing crimes
    ( ) I don't want the government monitoring my net access
    (x) Supporting a failed business model via the legal system is not sustainable over the long term (see SCO)

    Furthermore, this is what I think about you:

    ( ) Sorry dude, but I don't think it would work.
    (x) This is a stupid idea, and you're a stupid person for suggesting it.
    --
    Yeah, right.
    1. Re:Auto-generated response by computational+super · · Score: 1

      (x) It is defenseless against encryption/sourcehiding

      This is something they really seem to be losing sight of. Encrypted file-sharing networks like Freenet & MUTE depend on lots of users in order to run reasonably well (and they don't have many today, which is why they run slower than hell). However, these draconian laws push more people to start investigating encrypted file-sharing networks - maybe enough that someday the damned things will actually work.

      That's right, you dumb shits - today, at least, you have some means of tracking down who's trading files illegally (including the ones who are trading illegal stuff like kiddie porn). Your brilliant efforts to enforce a moronic set of laws are actually working to create a network of millions of people who can up/download pretty much anything with impunity. In other words, in a catch-22 Sen. Hatch is too stupid to comprehend, tougher laws will make the current laws unenforcable.

      Oh, yeah, BTW - live in the U.S.? Thinking about voting for Bush in November? Sen. Hatch is on Bush's short list for the supreme court. Yep.

      --
      Proud neuron in the Slashdot hivemind since 2002.
  144. The automobile as analogy by mindlessrabble · · Score: 4, Interesting

    The first analogy is that shortly after the invention of the car someone robs a bank a uses the car to get away. The banking industry pays congress to outlaw the car.

    Second, the railroad industry has locked up the freight market. Nothing is shipped in-land without going through them. Except for short distances they are the only option. As soon as the model-T comes out someone takes the body off, hammers on some boards and viola --- a truck. The railroad industry pays congress to outlaw the auto.

    Either way what is today a vital industry dies in America.

    I am working on p2p business applications for ERP, and CRM applications. I guess I should consider moving to another country.

    If this becomes the next new new thing, the US looses out.

    1. Re:The automobile as analogy by dave420 · · Score: 0

      I think your analogy is slightly wrong... Most people who drive cars aren't bank robbers, whereas most people on p2p (lets face it, most) are sharing illegal music/apps/whatever. For your analogy to be correct, it would have to be "After the invention of the car, bank robberies rose 5,000% and lead to 98% of all car users being bank robbers, leaving 2% of all drivers driving legally". I'm not supporting this bullshit of prosecuting p2p users, but if we're gonna take them on, we should at least get our analogys straight ;)

  145. Do somthing then by gremlins · · Score: 2, Insightful

    If you don't like this then we can do somthing about it Contact your Reps If every slashdoter over the age of 18 that lives in the US emails them or calls them we can make a diffrence. Its up to you.

    --
    just because your a schizophrenic doesn't mean people arn't really out to get you
    1. Re:Do somthing then by /dev/trash · · Score: 1

      Slight correction.

      Be a REGISTERED voter. Reps don't really care about people who don't vote.

  146. Re:one solution.. by thadeusg · · Score: 1

    I, my AR-15, and my HK USP agree completely. ;)

  147. Write your congressman? .... by Anonymous Coward · · Score: 0

    I ask of you all one question: Who will the congressman listen to, the patriotic individual whom takes the time to write about their concerns to their leader, or the large corporation who donated $250,000+ to the congressman's campaign fund?

    The congressman knows that with that money he can get more votes than the one he'd lose by not paying attention to your letter.

    The Second Amendment exists for a reason, and no, I'm not talking about a reason like protecting yourself from burglars...

  148. sharing files... by Anonymous Coward · · Score: 1, Interesting

    isn't everything on the network some form of sharing..?

    I browse a web page - it sends me a block of HTML and other stuff to view.

    I pull a file from a co-worker's computer..

    I pull a file from someone's FTP site.

    It's all "sharing".

    So we shut down the network because information is transferred across it all the time?

  149. lotsa talk... by Anonymous Coward · · Score: 0

    I keep seeing a lot of discussion about how this or that law that is being worked "sux." I'm just curious when people here are actually gonna stop talking about this shit and actually do something. I mean, don't get me wrong, it's good that ya'all like to to talk - but talking shit about something that you don't like to the exclusion of all else, isn't going to make it go away.

    Why do corporations get away with so much? no - it's not money. It's our complacency. Well, that and the fact that 9 out of 10 people have no real motivation when it comes to things outside of their computer, or tv.

  150. Paranoid SOaB, he's a nut, he's a nut! by derekvan143 · · Score: 1

    Unfortunately, piracy and pornography could then become the cornerstones of a "business model." At first, children and students would be tempted to infringe copyrights or redistribute pornography.

    People on P2P networks are on them for a reason, "Free Stuff", weather it be the latest hit on the radio, a classic rock song, or a newly released movie. It is no different from burning your buddy a copy of the latest cd, or sneaking a digital movie camera into the theater. These "young people or students" are not being coerced into a shady criminal life, by "Unscrupulous corporations". If people wish to get media without paying for it they will.

    Their illicit activities then generate huge advertising revenues for the architects of piracy. Those children and students then become "human shields" against enforcement efforts that would disrupt the flow of those revenues. Later, large user-bases and the threat of more piracy would become levers to force American artists to enter licensing agreements in which they pay the architects of piracy to distribute and protect their works on the Internet.

    Senator Orrin Hatch is just being paraniod here. This business model of his is just silly. For the simple fact that since the creation of P2P networks music industry revenues are at an all time high. Me personaly I like to hear a CD before I buy it.

    Federal enforcement action is surely warranted if such "business models" are driving the increasing ease of piracy on peer-to-peer filesharing networks. Such business models exploit children, cheat artists, and threaten the future development of commerce on the Internet. There are no "architects of piracy" who wish to force the force the "Artists of America" into some contract.

    If this bill were to pass, nothing would change. The only side effect would be that the senate would not have time to work on good bills like the one to Protect the "Association for the Advancement of Mythical and Imaginary Beasts and Creatures" from intelectual rights lawsuits.

  151. S.U.A. by backdoorstudent · · Score: 1

    Senseless Use of Acronyms

  152. Re:Ummm by Anonymous Coward · · Score: 0
    After years of this news growing, I still have not seen a coordinated large-scale effort to restore balance in our government so that it truly represents the people, and respects our principals.
    You spelled "principles" wrong, cunt.
    well, at least he had something worth reading ;-) Why don't try actually thinking before posting - might give us soemthing(sic) worth reading.
  153. too late by No+Such+Agency · · Score: 1

    They can already do that. It's called the War on Drugs and Philip K. Dick accurately dissected it in several of his books (many years ago, no less). All they have to do is pin a drug charge on you, and you got to jail with rapists and murderers, your property is forfeit and your family is publicly humiliated (or hurt/killed) by a no-knock raid at 3 am. And it's soooooo easy to find "evidence" during that raid, a pound of coke is easily stashed in a cop's vest on the way in, to be discovered later... Congratulations, you're now a drug dealer, the scum of th earth.

    I know it sounds paranoid, but with the laws so one-sided and harsh, that's all it would take.

    --
    Freedom: "I won't!"
  154. time by jcgf · · Score: 4, Insightful

    don't rapists usually get less than ten years? this is ridiculous.

  155. PIRATES by Anonymous Coward · · Score: 0

    ARRR RRRRRR RR RRRRRRR RR

  156. WANTED: by Undefined+Parameter · · Score: 1

    One nation-state, any gender; must be at least thirty years of age. Relative political and economic stability necessary. Respect for individual citizens and their rights required; willingness to accept a college grad by June 2005 also a must. Benefits offered include yearly tax salary, degree-holder in History (with experience & training in network wiring and computer hardware & software troubleshooting), and loyalty to the nation-state itself. English-speaking society with a tolerance for itself a plus. To apply, please contact Undefined Parameter (726857) by available means.

    NOTICE: This "Want Ad" does not imply hostility or malevolent intent toward individual's current nation-state. Individual is as fully compliant with laws in both letter and spirit as he can possibly be.

    *****

    ~UP

    --
    Eat the Path.
  157. Doesn't mean the law shouldn't be changed by Sycraft-fu · · Score: 1

    Maybe we need a law where creative works are paid for differently, like with public money or something. I mean the distribution costs are nothing, you should be paid for the effort of making it, not the distribution of it. However that really is anti-capatalistic.

    What REALLY needs to happen is to put filesharing in the same legal category as speeding, since they really are the same. Both are crimes that we know people shouldn't do, but almost everyone does. Both are also more or less victimless crimes (please let's not get into the stealing money shit, they are potentially losing potential sales, not actually losing money). Well speeding is punished by a small fine, why then is copyright infirngement punsihed by $150,000 PER FILE (statutory damages)?

    It should be a small fine, just like speeding. You get caught with X files, you pay Y dollars sort of thing. And that means a reasonable amount like $100-$200 total not millions.

    The constituion stipulates that cruel and unuasual punishment shall not be inflicted and unreasonable fines shall not be imposed. Well, it seems to me that millions of dollars in fines and years in prision for simple copyright infringment is both cruel and unusual and unreasonable.

    I mean after all, we could reduce the amount of speeding by setting up speed checkpoints with Browning M2s and shredding any car that goes over the speed limit, but that seems to be excessive, unfair, and against everything this country stands for. The current and proposed penalties for filesharing are likewise.

    1. Re:Doesn't mean the law shouldn't be changed by ymgve · · Score: 1

      Speeding is not a victimless crime. Often it increases the risk of accidents for everybody on the road. So don't try to compare those two, a MP3 never killed anyone.

  158. As always, follow the money.... by Simonetta · · Score: 1

    Two old men want to pass a law that will put millions of young people in prison for activities that the young don't consider to be crimes.

    Happened before with marijuana and Vietnam war draft evasion.

    Perhaps since this number of young people being placed in jail will overwhelm the prison system, perhaps we should look into how much money the private prison corporations gave to the 'lawmakers' to get them to propose this insanity. The only people who will gain from doing this is the private prison corporations, CCA and Wackenhut.

    Besides, this being the USA, you KNOW the only people who will be going to jail for this are black kids. White college boys can download all the 'death monster junko speed metal' that they want to and have a $20 fine and their dorm internet access suspended for a few hours, while a serious black student downloading a clip of Lena Horn or Billie Holliday for a black history class multimedia project will get the full 10 years.

    Go ahead... tell me I'm wrong.

    In the long run, about a hundred years or more, this type of legal intimidation will only serve to transfer the entire music, movie, culture, multimedia business out of the USA; and the bullet proof DRM that will be applied to media product of the last third of the 20th century and first third of the 21st will make it impossible to view or see or experience anything that was made in this period.

    An example of this is ALL of the novels published in the US between 1930 and 1955. As the paper wears out, the books get pulped. Under the infinite minus a day copyright laws it is illegal to transfer them to digital format without corporate permission, and the corporations won't give permission because there is no profit in novels from this period now. End result? A whole generation of literature disappears to protect an asshole mickey mouse cartoon logo.
    This will happen to all of today's media product too. Sad, stupid, and completely avoidable by reasonable people following reasonable copyright guidelines. Instead we get this idiot from Utah and Michael Eisner; and the permanent loss of our and our parent's culture.

  159. we will stand up strong and resist the tyranny! by preposterity · · Score: 1

    You can take away our freedom, but ...

    What was the article about, again?

  160. Shifting cost away from RIAA/MPAA companies? by thisissilly · · Score: 5, Insightful
    This is about Justice Department doing criminal prosecutions against P2P filesharers -- that means the RIAA/MPAA no longer have to foot the bill for lawyers to sue Joe Shmoe (x10000). Instead, as a criminal matter, the cost is born by the Justice Department, hence the US taxpayer winds up having to pay the bill, no matter how many lawyers it will take.

    Winners and losers:

    Justice Department gets more funding, more cases, can claim to be "tough on crime". Winners.

    RIAA/MPAA no longer have to shell out bucks to sue people, they just report them to the Justice Department. Winners.

    Court system, clogged already, gets further clogged with 1000s of P2P cases. Losers.

    US Taxpayer has to pay for procsecuting P2P file shares. Losers.

    P2P file sharers now get criminal records. Think about all the losses that brings in US society. In some states, that includes the right to vote. Big losers.

    I've said it before, and I will say it again: the move of copyright infringment from civil law to criminal law is one of the most nasty and dangerous changes in recent copyright laws.

    1. Re:Shifting cost away from RIAA/MPAA companies? by Anonymous Coward · · Score: 0
      I've said it before, and I will say it again: the move of copyright infringment from civil law to criminal law is one of the most nasty and dangerous changes in recent copyright laws.

      Then you must be simply ecstatic about the PIRATE act as its purpose is to ensure copyright violations remain civil violations and are not prosecuted through criminal law.

  161. Re:Write your congressman? .... by Anonymous Coward · · Score: 1, Insightful

    of course he won't listen to =one= person vs. $250,000 in cash. However, 250,000 people he would listen to. The reason we have so many apathetic people in this world is that people think like your example. "Well, how much can poor little me do against a big company that's sponsoring this senator?" - the answer is actually quite surprising when you can manage to get the people to just act in spite of the question. While there were certainly quite a few other factors that contributed to India's independance from England, it sure did help that people stopped asking and started doing. ;-) The same can be said of the civil rights movement as well as the 60's and the struggle against the Vietnam War.

    So, can we now move past this whole anesthetizing idea that money outrules large groups of people?

  162. Prison sentences for Madonna by Anonymous Coward · · Score: 1, Informative

    Prison sentences for stealing a single copy of the new Madonna song sound incredibly stupid.

    Anyone who knowingly spreads that screeching wench's songs around should deserve to get some prison time.

  163. Re:one solution.. by fferreres · · Score: 2, Insightful

    It's starting NOT to make sense to vote. You can only choose a Mix, each politician is a mix. What we want is not to opt for "War to Irak, but No PIRATE Act) or (Patriot Act, but no H1 visas), etc.

    What we need is to choose exactly what people want, not what people we want. Voting for people is no longuer working, because the scope is now too broad. Not everyone can know about everything, but if 500 guys can rule everyone, why cannot we make a change and force those 500 guys to vote what their supporters want (ie: they must obey their masters, the citizens).

    Ubiquitous access to a network could solve the problem, the time for direct democracy is now...we don't need representatives anymore.

    --
    unfinished: (adj.)
  164. What I want by Sycraft-fu · · Score: 3, Insightful

    Is that all of you "fuck them and lock them up" types would go and actually READ our damn Constution. You know, the document that is the SUPREME LAW OF THE LAND, the one to which all other laws must adhere and subordinate.

    If you were to actually take the time to read it, you would find that in the first 10 ammendments, those that are collectively known as the Bill of Rights, Ammendment 8 states:

    "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

    This forms the very heart of our concept of justice. You do not cut off someone's had for stealing a candy bar, you do not kill someone for a simple assult. The punsihment must fit the crime. How then, can you possibly stand by the current law which allows for a statuority fine of $150,000 PER FILE shared? That is CLEARLY an excessive fine. How can you stand by a proposed law that allows for 10 years in jail for sharing files? This is more time than they gave the people who stole (which deprives someone of property, something filesharing does not) my friend's car?

    What's more if you were to read the Constituion you would find it allows for copyrights to exist and describes what they are. It does this in Article 1, Section 8, Paragraph 8 Which says that 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;"

    It is then quite clear that current copyright law does NOT meet that standard. The time is quite clearly obscenely long (life +50 years) and therefore not the limited times the Constitution demands, and it has been twisted in such a way (the DMCA) that it no longer is used "to promote the progress of science and useful arts" but rather to attempt to maintain absolute control.

    The Constituion is above all other laws, and the rights, and limitations, it lays down cannot simply be legislated away. Federal, and all other, law is subordinate to it. Copyright law as it stands is unconstitutional and therefore MUST be changed.

    So quit with the "evil filesharers" crap. What they are doing my be against the law, but it is a law that has become unjust, and just because something is against the law does not mean that the punishment can be anything a coperation wants.

    As a final note: If copyright infringement is such a problem, why did the media industry make more money when Napster was active and less after it was shut down? (it's a rehetorical question)

    1. Re:What I want by elflord · · Score: 1
      hat is CLEARLY an excessive fine.

      No it isn't.

      How can you stand by a proposed law that allows for 10 years in jail for sharing files? This is more time than they gave the people who stole (which deprives someone of property, something filesharing does not) my friend's car?

      (1) you're comparing the maximum sentence for one crime to a sentence actually handed out for another. Not the same thing -- you're either dishonest or stupid.
      (2) The above indicates the problem -- copyright infringement is as serious crime. Copyright infringers are ripping people off, big time. I don't see it as a lesser crime, and I don't see copyright infringers as more moral than common thieves (actually, given their socio economic background, I see them as worse, because they're people who you would hope have better upbringing)

      It is then quite clear that current copyright law does NOT meet that standard. The time is quite clearly obscenely long (life +50 years) and therefore not the limited times the Constitution demands, and it has been twisted in such a way (the DMCA) that it no longer is used "to promote the progress of science and useful arts" but rather to attempt to maintain absolute control.

      The point is that it provides financial incentive to content creators, which does indeed promote such progress by making more funds available for that purpose.

      So quit with the "evil filesharers" crap. What they are doing my be against the law, but it is a law that has become unjust,

      Look, the acts of the thieves have nothing to do with the long copyright terms, because nearly all of the "shared" files are relatively new material. So this argument of yours is baloney. The thieves are common criminals, and the punishment is well deserved.

      As a final note: If copyright infringement is such a problem, why did the media industry make more money when Napster was active and less after it was shut down? (it's a rehetorical question)

      Post hoc ergo propter hoc fallacy. It's like saying "if shoplifting is such a problem, why did retail sales increase when the economy picked up ?".

  165. Coincidence? by Adam9 · · Score: 4, Informative

    Hmm.. let's see:

    Top Industries

    The top industries supporting Patrick Leahy are:
    1 Lawyers/Law Firms $320,845
    2 TV/Movies/Music $178,000
    3 Lobbyists $143,262

    Just a coincidence, right?

    1. Re:Coincidence? by bigberk · · Score: 1
      The top industries supporting Patrick Leahy are:
      Absolutely fascinating! I wonder what it feels like to be a capital sellout.
    2. Re:Coincidence? by Anonymous Coward · · Score: 0

      If you think about it a bit, #1 deserves a bold as well. There's only so much pro-bono work available from worthy causes like the EFF.

    3. Re:Coincidence? by MisterMook · · Score: 1

      It probably feels more profitable than principles, thats damned sure.

  166. Another solution.. by Anonymous Coward · · Score: 0

    Just drop a P2P client on Mr. Hatchs' kids or grandkids computer, then call the FBI. Let him wiggle on that one a while.

    We've got these evil corps because we have been cowtowed into looking the other way(or not judging) when evil shows itself. Evil must be destroyed, you don't destroy something by asking it politely to move across the street.

    JoeR

  167. I hear that in some countries... by Quiet+Sound · · Score: 5, Funny

    "The bill was introduced by Sens. Orrin Hatch and Patrick Leahy, both of whom received large contributions from the entertainment industries."

    I hear that in some countries corruption is not only illegal but that corrupt politicians go to great lengths to hide their crookedness. Probably just a rumor though.

  168. Anything is worth more than $10,000 by jasonhamilton · · Score: 1

    The logic is that even if the file you have up for download is worth $3.00, and even if that file was only downloaded 5 times, you had it up and available to millions of users and the damage you could have caused was well in excess of $10,000.

    I guess this twisted logic is akin to attempted murder by making plans but without actually killing someone.

    --
    SearchIRC - Now with live chat directory!
  169. You could always try Voting in EVERY election by KarmaOverDogma · · Score: 1

    also:

    1) ally yourself with one or two political groups you believe in

    2) Stay informed on events and info that are important to you (looks like you may already be doing this one by virtue of /. reading and posting).

    and 3) write your U.S. rep and Senators when something really rubs you the wrong way.

    like this case for instance...

    .

    --
    uR iGn0ranc3, Their Power
  170. Anti-trust by nfotxn · · Score: 4, Funny
    In defending the Pirate Act, Hatch said the operators of P2P networks are running a conspiracy in which they lure children and young people with free music, movies and pornography. With these "human shields," the P2P companies are trying to ransom the entertainment industries into accepting their networks as a distribution channel and source of revenue.
    I think this is the first admission by the entertainment industry and/or their political cronies of their intention all along. The record and movie industries especially did not embrace digital distribution earlier or seriously enough. What will they do once the PIRATE act (ugh, as if PATRIOT act wasn't sensational enough) is in place and harmless people have ruined lives? They'll start selling digitally distributed content. The MPAA and RIAA want the federal governement to foot their legal bill to control the distribution channel.
    --

    _nfotxn

    1. Re:Anti-trust by Anonymous Coward · · Score: 0

      What's funny about this comment? I think the poster is exactly right. Scary.

  171. Yes, because Frank Still benefits! by Anonymous Coward · · Score: 2, Insightful

    "Your position is that any band should be able to just go ahead and use Frank Zappa's image and name in their own commercial work, without any oversight whatsoever?"

    Why not? Or do you think Shakespeare's descendents should get a cut of the Folger's gate?

    When does this madness stop? The guy is dead. His stuff should be PD at this point.

    1. Re:Yes, because Frank Still benefits! by Ubernurd · · Score: 3, Insightful

      When does this madness stop? The guy is dead. His stuff should be PD at this point.

      This should answer your question.. It's a table showing what sorts of works from which years are currently in the public domiain. Notice the "without subsequent registration" conditions? I'm willing to bet that Gail is keeping up with the copyright registrations to keep FZ's music out of the public domain.

      --
      Stack overflow: pid 352258, proc httpd, addr 0x11f7ffff0, pc 0x12000195c Segmentation fault (core dumped)
  172. You know what? by 7-Vodka · · Score: 1

    Shame on you motherfuckers from Utah and Vermont who keep re-electing these scumbag sellout politicians. If I weren't employed full time I would take a trip to those two states and slap every one of you morons in the face with a wet trout.

    --

    Liberty.

  173. A little out of touch by Temsi · · Score: 1

    From Sen. Hatch' introduction:
    American citizens are using this software to create and redistribute infringing copies of popular music, movies, computer games and software.

    Methinks the Republican Senator from Utah doesn't even understand the very software he's trying to fight.
    P2P software doesn't create the copies, it merely distributes them.

    --
    -- This sig for rent.
  174. Use A BULLET by Anonymous Coward · · Score: 0

    A Bullet is pretty cheap. Personally I recommend a 30.06

  175. Orrin Hatch by Lehk228 · · Score: 1

    I despise that man, I truely hope he dies a horrible and slow death.

    --
    Snowden and Manning are heroes.
  176. My experience by kcb93x · · Score: 1

    I'm in Anoka County of Minnesota...last I heard, we were the 3rd worst county in the US for Meth Labs. (Trust me...they wouldn't be lying...house across the street, heh...)

    Little town (St. Francis)...let's see, what's there to do?

    -Bowling alley (that has uber-restrictive rules on friends/significant others/etc)
    -Park
    -Gas Station

    Nearest town with any entertainment: 20 miles

    Average minimum age in that town to enjoy said entertainment: 18-21

    So what do we do up here?

    Well...the city just north of us (Cambridge) has the highest pregnancy rate in the state. Yup...even higher than Minneapolis/St. Paul. So we smoke, drink and have sex. Wonderful. No wonder our school underperforms on everything.

    So let's make the thing that keeps some of us busy NOT making babys (drawing on welfare) doing/selling drugs (killing people from abuse,etc) or drinking (DUI/DWI) have worse punishments/effects on society than those things.

    Okay Hatch...so you're saying child sex, alchol and drug abuse are better than copyright violations? Okay...you can deal with them, and pay the bills.

    --
    There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    1. Re:My experience by teamhasnoi · · Score: 1
      Uh. Wow. I used to live in Cambridge, then East Bethel. I now live in southern MN, about 30 minutes from any larger town, and an hour and a half from the cities (which I miss). You aren't kidding. Cambridge used to have an arcade, teen club (ech), a roller rink (don't know if that is still there) and not much else. The arcade got closed down (damn kids makin' a ruckus), the teen club was lame and went under, and the roller rink isn't something you can do every night.

      In my present town, it ain't much different, except I'm older now.

      BTW, East Bethel has 25 cent pitchers on mondays. I think that says it all. Shocking to see Lamebridge mentioned on Slashdot, so I had to reply. I know your pain.

    2. Re:My experience by chuckles1205 · · Score: 1

      OH Cambridge sux! I hate it, Yeah we can't win championships cause everone pushes the kids so much. OH that thing pregnancy rate thing its true. I was the class 03 haha in my grade alone we had like 10 or 12 people that were having kids. Oh did i mention one ofthe girls that is like 12 that is haveing a kid! Yeah meth is big up here, its so insane. I can't even rememeber that arcade that teen club lasted what a month. What else to bash? But i do have to say one good thing 03 senior party first ever not busted by the cops. Yeah at the party i guess a low number like 80% were on pot. I want to but this why you don't hang around with girls that is your best friend! Other than that its good place to live.

  177. Translation of "Article" by Artega+VH · · Score: 5, Funny

    Mr. President, I rise to join Senator Leahy in sponsoring the Protecting
    Intellectual Rights Against Theft and Expropriation Act (the "PIRATE Act"), a
    measure that will provide the Department of Justice with tools to combat the
    rampant copyright piracy facilitated by peer-to-peer filesharing software.

    Mr. President, I'm going to join with Senator Leahy and prove once and for all
    that democrats and republicans are equally as corrupt when enough money is
    waved under our noses. Our "owners" would like to stop people giving away
    works which don't actually belong to them, but yet, they make a considerable
    amount of money from as they signed prohibitively restrictive contracts
    with the actual copyright owners. My "owners" would like to continue to
    make money (and short of being given access to the money printing press)
    want to prevent a tool which can actually harm their monopoly by providing
    an efficient way for independant artists to distribute their works.

    Let me underscore at the outset that our bill does not expand the scope of the
    existing powers of the Department of Justice to prosecute persons who infringe
    copyrights. Instead, our proposal will assist the Department in exercising
    existing enforcement powers through a civil enforcement mechanism. After
    considerable study, we have concluded that this is the most appropriate
    mechanism.

    Some of us want to lock these pirates up and throw away the key, but others
    want to keep them hooked to my "owners" products. So basically we've decided
    we want to destroyt their current lives, and still give them a chance to
    buy our stuff.

    Peer-to-peer file sharing software has created a dilemma for law-enforcement
    agencies. Millions of otherwise law-abiding American citizens are using this
    software to create and redistribute infringing copies of popular music, movies,
    computer games and software.

    We think that millions of law-abiding americans are criminals but don't want
    to come out and say it like that, so we'll back-hand them instead.

    Some who copy these works do not fully understand the illegality, or perhaps the
    serious consequences, of their infringing activities. This group of filesharers
    should not be the focus of federal law-enforcement efforts. Quite frankly, the
    distributors of most filesharing software have failed to adequately educate the
    children and young people who use their software about its legal and illegal
    uses.

    We don't want to harm the stupid ones since they probably don't know how to
    cause serious harm anyway. And since most of my constituents are as thick
    as two planks and I'd like to be re-elected I don't want this either.

    A second group of filesharers consists of those who copy and redistribute
    copyrighted works even though they do know that doing so violates federal law.
    In many cases, these are college students or young people who think that they
    will not get caught. Many of these filesharers are engaging in acts that could
    now subject them to federal criminal prosecution for copyright piracy.

    There do exist a group of people that would probably never vote for me anyway,
    as they think I'm a complete turd, and who happen to be poor because our education
    system is up shit creek without a paddle but still enjoy listening to music and
    watching movies so they do share alot of these copyrighted works. They know its
    wrong but since we continually shaft them most of the time anyway they do it
    as a type of protest. Basically we want them to stop.

    ... But recently, some unscrupulous corporations may have exploited new technologies
    and discovered that the narrow scope of civil contributory liability for
    copyright infringement can be utilized so that ordinary consumers and children

    --
    groklaw, wired and slashdot. The holy trinity of work based time wasting.
  178. Pot, Meet Kettle. by the+pickle · · Score: 1

    ORRIN HATCH: You, Mr. Kettle, are most decidedly black.
    KETTLE: Funny you should say that, Mr. Hatch. So are you.

    p

  179. Yet nothing is done about fraudulent IP clames by Felinoid · · Score: 1

    SCO is probably the biggest example of IP fraud right now.
    Companys (and individuals) clame patents and copyrights for everything under the sun then harrass the general public untill the corts prove the clames are fraudulent at such time the company walks away with the only penalty being the loss of rights they should have never had.

    At the same time stealing public domain is entirely legal.

    When your paying for software your in fact paying for the time saved in not creating the CD yourself.

    Programs like Microsoft Windows represent months or years of work. Time is money. It's well worth forking it over for the commertal title instead of writing a program of the same quality yourself.

    Destros like Linux represent weeks or months asembling, testing and compiling the entire pacage in a (reasonably) easy to install pacage. The time and effort you save is worth it.

    Free software colections CDs represent hours or days of downloading. This may very well be worth $10 for busy people.

    When an individual or company steals public domain software they sell the application as if they are saving the user the time and effort of creating it when they only save him from needing to download it and as a result trick him into paying far more than it is worth.

    Additionally the original author is scammed out of the recognition for his work that is due him.

    This practace was rare enough but becomming more and more commen and many free programmers started including liccenses in order to prevent this abuse.
    (The most commen complants involved companys selling floppys of free software as commertal software leading to some pritty strange phone calls)

    It would be nice if congress would start to recognise the theft is going both ways and start addressing the problems that have resulted in large companys needing "deffensive" patents.

    The truth is while there is a way to regesture your technology as "free" it isn't going to be a sereous deturent from theft if the theff loses nothing more than rights he shouldn't have had to start with.

    IP today is the perfict scam. All you can do to them is put an end to the scam. Untill then they can send of C&Ds, lawsutes and bills all they like. Nothing stopping them.

    SCO has crossed the line and will be subjected to some harsh pentalitys and lawsutes once it's shown the clames they made are sans merrit.

    However for all they have done they only just barely crossed line line.
    If SCO hadn't sold a binary only version of Linux and not attempted the C&D scam outside the US they'd face nothing more than a slap on the wrist for everything.

    --
    I don't actually exist.
  180. Temptation. by chris_sawtell · · Score: 1
    "Thou shall not tempt" is a direct corollary (meaning 2) of " ... and lead us not into temptation ... "

    It's about time that 'Corporate America' learnt it's ethics and morals. Instead of buying lawmakers to write laws with which to criminalize ordinary people, it should be working with those ordinary people ( it's customers ) to create business methods which actually benefit both it and its customers.

    IOW, & Addressing said 'Corporate America': If you don't want people trading and trafficking in digital media files, don't make them available to the public in the first place, or set up socially acceptable distribution chains for your products. What you are doing at the moment only brings disrepute on your nation.

  181. Do the crime, do the time? by AstroDrabb · · Score: 1

    If this thing passes, then there is no doubt that we now live in a nation based on corportism. How can any sensible member of congress let something so harsh pass unless they are being influenced by pure greed of all those bribe^h^h^h campaign contributions? Think about it, you can go out and get sloppy drunk, get in a car and kill someone with that car and get less jail time then some dumb kid who shares a song he likes? Sens. Orrin Hatch and Patrick Leahy are the ones that need to sit in jail for a long, long time for not performing their duty to the US citizens by only serving corporations. What I don't understand is that a corporation is not considered a person and cannot vote, however they are allow to give bribe^h^h^h campaign contributions!

    --
    If Tyranny and Oppression come to this land,
    it will be in the guise of fighting a foreign enemy. -James Madison
  182. The root of the problem by The+Master+Control+P · · Score: 1
    [Apologies to Tron 2.0]
    Is that those of top have so completely mastered the art of screwing everyone for their own benefit and getting away with it.

    The reason they're so good at getting away with it is because no one cares. The average idiot cares about nothing but bread and circuses, and will continue to do so until the continuance of such behavior becomes a serious impediment to caring about nothing but bread and circuses.

    Therefore, I would suggest that failing to do your civic duty and vote come with unpleasant consequences:
    • Your TV access will be turned off (except for broadcast, of course)
    • Your Internet access will be turned off, and all attempts to go anywhere online will result in a page saying "Vote to regain internet access"
    • Your tele/satellite/cell phone will be turned off

    On voting night, the list of checked off names (those who did vote) will be compared to and removed from the list of people who reside in the precinct (as determined by the last census).

    This will not violate privacy, because the information was already there anyway: the list of people who voted at the polling booths, and the last census. When compiled, the list of nonvoters will be sent to the phone, ISP, and cable providers for that precinct, who will cut off service from those listed. And if you get cut off, you still pay for the service. You're safe from getting hosed if you move out of the precinct, because if you're not there they can't cut off service for you.

    Those who did not vote have 14 days to pick up a voting information packet/absentee ballot and send it in to be counted. When your vote arrives and is counted, service is restored based on lists of those who have now voted sent in each day. If you don't respond by the 14-day time limit, you got no cable, phone, or internet until the next election. Have fun!

    Because one of my main ideas here is to make you vote without violating your civil rights, there will be some rather considerable holes: Since the whole population list uses the last census, if you moved to a new district within that time, you've got until the next new decade that you can slip under the radar. Oh well. I don't think moving every 10 years is worth not having to vote :)

    There are probably some technical issues to be worked out, but it seems like a solid idea. Unless you are satisfied with broadcast TV, talk over ham radio, and get internet access over radio teletype, it would be rather unpleasant.

    I realise that this may seem to have gone off at rather a tangent (or maybe cotangent) to the "pirate" act, but it is on topic: If people can't just sit around and let corrupt politicians bilk the handful of voters, but feel compelled to educate themselves, how long would those corrupt politicians last?
  183. It's a war - Support Downhill Battle by Catamaran · · Score: 1
    • Your government is not protecting your rights, quite the contrary.
    • Downloading is civil disobedience.
    • The folks at Downhill Battle are getting the message out, but they need all the support they can get.
    --
    Test 1 2 3 4
  184. words from the wilderness by SubtleNuance · · Score: 1

    Solution
    Vote for any non-Republicrat candidate.
    End Transmission.

    1. Re:words from the wilderness by LookSharp · · Score: 1

      Vote for any non-Republicrat candidate.

      Does this include uber-capitalists such as Libertarians?

      Just checking.

  185. I need to learn to read a bit more betterer... by Artega+VH · · Score: 2, Funny

    I thought that said "A PIRATE is introduced to congress" and had visions of a peg-legged, bearded dirty man with a parrot on his shoulder looking around at all the politicians thinking to himself: "So this is what the real pro's look like..."

    --
    groklaw, wired and slashdot. The holy trinity of work based time wasting.
  186. and really unfair to public transportation... by rsilvergun · · Score: 5, Insightful

    The free market does not always know best. Car companies in the early twentieth century bought up public transportation and shut it down to force people to buy cars. They're still discouraging pubic transportation from developing even today. This goes against the interest of everyone but a few rich car dealers and manufaturers. All of society is made to suffer because that's how it works in a 'free' market.

    And I think you overestimate how smart US citizens are (a remarkably easy thing to do). They don't think too far ahead. When it's really obvious they're getting screwed (like it was with Divx) they don't fall for it. But when it's less obvious (DRM in iTunes anyone?) they fall like a ton 'o bricks. And pretty soon broadband with be ubiquitous enough that they can start phasing out physical media all together. Heck, the Ignorant Masses will probably look forward to that day: no more carrying around 500 CDs. Which is all well and good untill you're paying 5 cents every time you listen to an AAC.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:and really unfair to public transportation... by Alioth · · Score: 1
      The free market does not always know best. Car companies in the early twentieth century bought up public transportation and shut it down to force people to buy cars.
      ...in which case you've given an example of a not-free market.
    2. Re:and really unfair to public transportation... by Anonymous Coward · · Score: 0

      It's not appropriate to categorize the music market as a free market. Music copyrights are not deeds, but artificial monopolies. The monopolies are not an end unto themselves; merely a means of achieving a public end (e.g., passage into the public domain of many new lyrics, melodies, and recordings).

      What happens when you offer would-be monopolists a bunch of artificial monopolies without adequately regulating / monitoring their behavior?

      What do you think happens? You get bad service, repeated abuse of monopoly power, and all sorts of rhetoric aimed at convincing the general public that "unlimited freedom to exploit an artificial monopoly without restraint == the same thing as the idealized free market, where there is unlimited competition". When in fact the two are exact opposites.

    3. Re:and really unfair to public transportation... by Clod9 · · Score: 1

      You're right in principle, but one thing will always be true: if I can hear it or see it, then I can sample it, copy the bits, and play/distribute them.
      The only way to force me to keep paying the 5 cents is to threaten me with jail time under the DMCA...which is exactly what is happening now,
      but it's only enforceable if you can detect that I'm doing it. If I share out my bits over a network then I provide a route, but if I keep it to myself, I should be safe.
      Unless of course I'm running on a Trusted Computing platform...

  187. Jail Time by Anonymous Coward · · Score: 0
    Under the bill, even sharing a single file (if a judge decides the value is over $10,000) could land a user in jail.
    If I'm sharing a movie, will the judge look at the cost of making the movie, or the retail price? I could see a judge going either way depending on the pressure applied by the MPAA...
  188. Fucking Do Something Then!!! by felonious · · Score: 2, Interesting

    You know these topics are beaten to death and nothing ever becomes of them nor is there any attempt to create a change. I say STFU and fucking do something about it or don't bitch. I personally don't buy shit anymore. I can go without and indy labels don't really appeal to me so I have enough stuff built up to make it through these times.

    You know if people would just stop buying, and I mean an enormous amount of people, then we could finally reap somekind of reward for our actions like freedom to do what we want, when we want with different forms of media. Everyone should be getting together to protest in certain types of civil disobedience and they like because money talks, bullshit walks.

    Hit them where it hurts - pocket books - and we'll see a HUGE difference because no one is listening now. They see people continuing to buy so where's the incentive to back off? There isn't. The people to go after first are the paid-for politicians who are selling our rights as consumers for personal gain and no one does shit except call them names. That really hurts a politician!

    We really need people in the loop, in government agencies, in all forms of life to help make this change or the days of "big brother" will be something we wished we had instead of where we'll end up. This issue goes so much deeper than freedom with music, movies, etc. This is about the selling of our rights on a day to say basis for personal gain and to further enslave us, or better yet, indoctrinate us into a system of conplete and utter control.

    Seriously....DO FUCKING SOMETHING!!! ANYTHING!!!

    --
    You aren't free to do anything, until you've lost everything.
    1. Re:Fucking Do Something Then!!! by codefungus · · Score: 1

      Absolutely. I've stopped purchasing music. Now I get my stuff second hand or from Magnatune.com (check them out, you'll probably like something).

      Everyone...either stop giving them money or bust out the vasceline. You choose.

      --
      -- A cat is no trade for integrity!
  189. Senator Hatch Sings the Hits! by Flakbait · · Score: 3, Informative
    Um... yeah. I can't think of a witty comment for this, but here it is. Apparently Sen. Hatch not only wants to support the music nazis, he's also an aspiring artist himself! Right.

    The Music of Senator Orrin Hatch


    And, as Dave Barry says, I am not making this up.

    --
    -Flakbait
    Temporary Minister of Propoganda for the Assyrian Empire
  190. End is Near for IP by salesgeek · · Score: 1

    This law is so draconian that it will cause the general population to wake up. Special interests cannot trump general interests very long when individual rights are being trampled into the ground.

    --
    -- $G
  191. You support the artists? want them to do well? by xilmaril · · Score: 1

    so send them a fscking check. it's the only way they're gonna get a decent show of apperciation out of you, because even if you buy 10 cds, that's an incredible 5c cents or so, after the first million or so cds sold. I support indie artists, and I even support some almost non-indie artists (godsmack. not sure where it stands). And what do I do? I buy concert tickets, and a t-shirt. And they actually get money off that.

  192. Let's reduce the burden of proof for antitrust by Animats · · Score: 1

    Any time there's no price variation across companies, as is seen in the music industry, that should be considered proof of illegal price-fixing.

  193. Well said... by carlmenezes · · Score: 1

    Now, I don't mean to flame, but all of a sudden I'm really glad I'm not staying in the US. If you look at this kinda thing as something that sets a precedent, it doesn't look very good.

    OTOH, you have countries like NZ legalizing file format changing and doing stuff that actually promotes freedom while protecting rights (don't worry, I don't live there either) ;)

    At the risk of sounding like a total flamer (I really do mean well), I will some it up this way :
    "land of the free"
    is becoming
    "land of the free*"
    * - subject to certain terms and conditions decided by those with the deepest pockets.

    --
    Find a job you like and you will never work a day in your life.
  194. What we can do... by GileadGreene · · Score: 1
    The ancients who wished to manifest their clear character to the world would first bring order to their states. Those who wished to bring order to their states would first regulate their families. Those who wished to regulate their families would first cultivate their personal lives. Those who wished to cultivate their personal lives would first rectify their minds. Those who wished to rectify their minds would first make their wills sincere. Those who wished to make their wills sincere would first extend their knowledge. The extension of knowledge consists in the investigation of things. When things are investigated, knowledge is extended; when knowledge is extended, the will becomes sincere; when the will is sincere, the mind is rectified; when the mind is rectified, the personal life is cultivated; when the personal life is cultivated, the family will be regulated; when the family is regulated, the state will be in order; when the state is in order, there will be peace throughout the world. From the Son of Heaven down to the common people, all must regard cultivation of the personal life as the root or foundation. There is never a case when the root is in disorder and yet the branches are in order.

    -- Confucius. The Great Learning.

  195. "Who Share a single file" by Silver_Seagull · · Score: 2, Interesting

    You know.....we should flood these guys with the IPs of people who have music in their Windows shared folders. You know, all those 'pirates' on millions of computers who put their media in the proper M$-designated folders: "My Music" "My Shared Folder" etc etc Just do a search on a random broadband netblock on port 139.... There are thousands of people who put media files in their shared folders and forget to protect them (Sharing is on by default in XP). Whether they own the media or not is irrelevant, they've got it shared, therefore they're pirates. Perhaps that will show these sens the stupidity of broad, sweeping laws.

  196. Worry not... by giantsquidmarks · · Score: 1

    They cannot outlaw the act of two people transferring digital information between each other.

    I'm sure they will try... and in trying they will cause us all much pain and waste much time and money. However, it is not possible to outlaw this.

    Our economy depends on people having the ability to transfer information between each other.

  197. OMG, I hate Orrin Hatch (R-UT) by blueberry(4*atan(1)) · · Score: 1

    I'm from Utah. To our everlasting shame, all I can say is that he is sadly representative of lots of republican mormon zealots here. Save me from these right-wing psychos! BTW, Be sure to VOTE !!! It's the only way to get these guys out!

  198. The wording is not as radical as the title by AZPhysics · · Score: 2, Interesting

    It seems to me that Hatch is more interested in going after P2P companies, and is looking to move the procecuting of individual P2P participants from criminal to civil proceedings. It seems to me that the slashdot article is blowing this out of proportion. Compared to what the RIAA is trying to force on congress, this is mild.

    Incidentally, I though Lessing had a great idea on charging companies to keep copyrights. However, his "$1 a year" tagline is impractical, as it would cost the government much more than $1 to process all the claims. Make it $10 to renew for 10 more years after then first 10 years. This cuts paperwork way down. Then, after 20 years, make it $50 for the next 10 years. After 30 years, make it $250 for the next 10 years. Then, make it $500 for each subsequent 10 year stint. Sell it to congress as a revenue stream, but it should be inexpensive enough to keep the RIAA and MPAA from trying too hard to kill it.

  199. Re:one solution.. WON'T WORK!! by Mark_in_Brazil · · Score: 1

    The problem with the proposed solution (voting) is that Gerrymandering has made it so that the will of the voters is not respected. It would be very difficult for there to be a major change in the House of Representatives at this point, unless there were some major scandal.
    Ironically enough, the intention of the "Founding Fathers" was to have the House more subject to the whims of public opinion, while the Senate would be more "insulated." Today, the truth is nearly the opposite. Gerrymandering has made it so that a House seat is safer than a Senate seat, despite having to face elections three times as often. The difference is that a Senator's constituents are from all over his state, while a House member's constituents are from a ridiculously-shaped "region" where he is virtually guaranteed that his supporters form a majority of voters. So now, instead of "subject to the will of the people" and "less so," we have "less so" and "even less so."
    The Gerrymandering/redistricting adventures reached a new level of absurdity in Texas last year. Some of the new districts they drew are outrageously funny to me, but that's because I don't live in the USA anymore. Any US citizen living in the USA, especially Texas, ought to be horrified with the way those thugs have subverted the democratic process.

    --Mark

    --
    "It is nice to know that the computer understands the problem. But I would like to understand it too." --Eugene Wigner
  200. Read the Article by AZPhysics · · Score: 1
    "the move of copyright infringment from civil law to criminal law is one of the most nasty and dangerous changes in recent copyright laws."

    Funny, that seems to be a notion that Hatch is supporting in his statement. Why don't you read the actual article instead of just blindly following the crowd?

    1. Re:Read the Article by Christ-on-a-bike · · Score: 1

      What about "Even a single file, determined by a judge to be worth more than $10,000, would land the file sharer in prison."?

  201. Paying for copyright by Tokerat · · Score: 1

    ...makes it hard(er) for ordinary citizens to hold copyright on their own material. I imagine the idea of charging companies who want to hold their material for years and years isn't so bad, but ordinary people aren't going to want to get in on this is they have to shell out dough before they know they'll be making money on their creation.
    Make it $10 to renew for 10 more years after then first 10 years.
    I'll assume you meant "Make it $10 to renew for 10 more years after the first 10 years.". That's not such a bad idea, but I could see how it would be argued against. Still, it's better than what we have now...
    --
    CAn'T CompreHend SARcaSm?
  202. Really neat website, this by fucksl4shd0t · · Score: 3, Informative

    You know, I found this really neat website where you can find out all about who your senators and stuff voted for. I'm going to try submitting it as a story to slashdot, since many people ask how to find out this information.

    Anyway, you can click on any senate session and see what votes were taken. Then you can click to find out how each senator voted.

    Here ya go

    --
    Like what I said? You might like my music
  203. Marijuana by Anonymous Coward · · Score: 0
    "It is critical that we bring the moral force of the government to bear against those who knowingly violate the federal copyrights enshrined in our Constitution. But many of us remain concerned that using criminal law enforcement remedies to act against these infringers could have an overly-harsh effect, perhaps, for example, putting thousands of otherwise law-abiding teenagers and college students in jail and branding them with the lifelong stigma of a felony criminal conviction."

    They should decriminalize marijuana for this very reason!

  204. ug by dema · · Score: 1

    I seriously can't help but wonder how much time is spent thinking up long, stupid names that make semi-related acronyms compared to how much time is spent actually putting together a decent proposal.

  205. I'm normally not a spelling nazi, but... by Curtman · · Score: 1


    Simularity is not a word. Simultaneous is a word. Similarity is a word. This bastardized word 'simularity' has to go
    </heinous rant>

    Sorry, Thats like 5 times I've seen this atrocity today. I can't take it anymore.

  206. Ourtsourced filesharing ..... by Ex-MislTech · · Score: 1

    It's done already , DC++ servers all over god's creation
    are sharing more and more every day .

    I see servers with 100 gig share just to join .

    Thousands of public servers, unknown number of private ones .

    We just need encrypted file sharing with foreign network
    master nodes , if we need master nodes at all .

    99% of the ppl on slashdot who holler how horrible it is
    for the artists really work for the record companies .

    Peace !
    Ex-MislTech

    --
    google "32 trillion offshore needs IRS attention"
  207. How do you argue against this? by Lord+Kano · · Score: 1

    It's hard to come up with a reasoned argument that doesn't sound like you're endorsing piracy.

    Persoanlly, I don't care how much you pirate, there should be no excuse to send you to jail for it. If they can prove infringement, I can completely agree with fines or restitution, but JAIL TIME? Get F'ing serious!

    If this thing becomes law (it probably will), someone will actually go to Federal PITA prison because they hurt Hillary Rosen and Jack Valenti's bottom line. That is lunacy.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    1. Re:How do you argue against this? by Loosewire · · Score: 1


      If this thing becomes law (it probably will), someone will actually go to Federal PITA prison because they hurt Hillary Rosen and Jack Valenti's bottom line.

      The idea of either of those two's "Bottom lines" makes me feel ill;)

      --
      Slashdot - The one stop shop for procrastination
    2. Re:How do you argue against this? by Lord+Kano · · Score: 1

      The idea of either of those two's "Bottom lines" makes me feel ill;)

      I think it might be cool to feature Hillary in a ..."Forced Bukkake" video.

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    3. Re:How do you argue against this? by Loosewire · · Score: 1

      i wish i didnt know what Bukkake meant

      --
      Slashdot - The one stop shop for procrastination
  208. Isn't Orrin Hatch the same by Phelan · · Score: 1

    Isn't Orrin Hatch the same asshole that brought us the steroid ban legislation proposal? Man, I knew Utah was different from most other places of the civilized world...
    First I as a legal adult in full mental capcity can't decide what to do to my body and now we are going to overcrowd prisons that already can't deal with the 'War on Drugs'. (next President that decides to declare a war on a concept I am going to slap for real).
    I am glad this country is in the hands of such capable idiots...

    --
    "Nimis exaltatus rex sedet in vertice - caveat ruinam!"
  209. A new bent to commercialism. by bagel2ooo · · Score: 1

    The hint was kind of left in my mind with the DMCA, however, with this it is all the clearer. It is hard for me to look at this without viewing it as almost a commercial for a 'brilliant' idea that will let the government return a bit of what was 'taken away' from the 'pained' media industry by p2p networks. From the potential usage of this for jailtime (extreme but things look to be going that way, 'throwing the book' to scare those sentenced early) to the cute acronym this just looks like the media industry packaging a neat little present for themselves via it going to congress - and potentially passing - and allowing them to recover their theoretical losses. I still have a difficult time understanding this as theft by comparison to the tangible term. If someone were to steal the a compact disk containing the licensed music, there are a number of tangible things that are being taken, the CD itself, the packaging and printed medium. Granted using p2p networks to get music without paying is a bad thing it means that something is utilized without being paid for, the original is still there. I do not see the theft. I see misappropriation, a fraud of kind but not a theft as is normally the case. Could someone elaborate for those of us confused about this distinction? :)

    --
    ( o ) one could say I'm rather baked
  210. To hell with evidence! by digitalmonkey2k1 · · Score: 1

    Reason #12443523424 why I donate to EFF on a monthy basis now.

    --
    My sausage tree didn't grow, does that make me a bad mommy?
  211. again with the laws by Anonymous Coward · · Score: 0

    wasnt the government created to help the people instead of screwing them? if everyone boycoted anything to do with the riaa they would probably stop.

  212. Hatch by qoa · · Score: 1

    I don't know if this was already posted, more than likely it has been, I don't have the time to look for it right now. Orrin Hatch's website was illegal.

    --
    Every normal man must be tempted at times to spit upon his hands, hoist the black flag, and begin slitting throats.
  213. Oh joy by Anonymous Coward · · Score: 0

    The U.S already imprisons the most non-violent offenders, do we really need to imprison more?

  214. God bless the idiots... by fluxrad · · Score: 3, Insightful

    who will respond to your post in the following manner:

    "But wait! Think of his wife and kids! They too must be allowed to benefit from Frank's work!"

    AFAIC your kids get the money and material goods you made when you die. Nothing more, nothing less. All the "IP" you created goes to the world, lest we be forced to pay Mozart's great-great-great-great grandchildren for Requiem.

    If Frank fucking Zappa doesn't want some band to use his music or image...he can tell them himself ;-)

    --
    "It is seldom that liberty of any kind is lost all at once." -David Hume
    1. Re:God bless the idiots... by DuncanE · · Score: 1

      I think you have just discovered the solution to all copyright and patent issues....

      You die and your patents and copyrights die... not in 75 years, but right now. You kids or the corporation you work for can make as much money out of them as they can, but only while you are alive.

      Novels, inventions, music, art all becomes public domain the day you die.

    2. Re:God bless the idiots... by mst76 · · Score: 3, Funny

      > Novels, inventions, music, art all becomes public domain the day you die.

      That would create an incentive for Disney et al to employ hitmen (if they haven't already).

    3. Re:God bless the idiots... by A+Naughty+Moose · · Score: 2, Insightful
      Novels, inventions, music, art all becomes public domain the day you die.


      Which is pretty short sighted.

      Take the situation where someone writes the great american novel, and their spouse takes care of them financially.

      Now assume that the author is finished with the book and is in negotiations with a publishing house, unfortionatly, before a contract could be signed, the author drops dead from a heart attack.

      According to you, the publishing company is in the clear to go ahead and publish the book, and make millions, while the spouse of the author gets nothing, even though they sacrificed much time and money to support their spouse. Why should the spouse be screwed out of their fair share of the profits of their spouses work?
    4. Re:God bless the idiots... by Pofy · · Score: 1

      The solution is quite easy, have a set time not dependant on the time of anyones death. For exmaple 10 years. That gives a LOT of time to profit from a work, yet also gives everyone else a chance to utilize it afterwards without having to wait an eternity. If anyone dies in the 10 years, fine, let it be passed on to children or whoever it is that gets it.

      Claiming that one need more than, say, 10 years to make enough profit for it to be enough of an incitament to create really don't cut it in my opinion and those cases were someone would skip the bussiness because of that are few enough to not be worried about. We will have a LOT of work, good enough incitament for progress and new creations, yet everyone get to benefit from it in a not too long time as well.

  215. Re:one solution.. by Anonymous Coward · · Score: 0

    I am so sick of you mind-numbed socialist fucks that are so goddamn left-wing that you see CBS as having a "right-wing agenda." CBS is so fucking liberal they make me want to puke. Lemme guess, Ralph Nader is also part of the "vast right-wing conspiracy?" You know, because some of us Republicans are donating to his campaign...

  216. So STOP being fans - they sold their freedom by Anonymous Coward · · Score: 2, Insightful

    It is absolutely pathetic that the great majority of you people obsess over this issue just because you happen to be fans of musicians who have sold out.

    These musicians signed contracts. They knowingly, willingly, and eagerly, sold their rights to make money, to "make it big", and to "life the lifestyle".

    Why are you fans of these people? Why do you give a shit about the content they produce? They are sellouts in every sense of the term.

    They - all of them - are perfectly capable of allowing free taping and distribution of live performances, allowing free distribution and modification of studio albums, or releasing all of their content under one of several available Creative Commons licenses.

    Just give it up. These artists want to have their cake and eat it too. They want to be "cool" with the fans, but at the same time they want the big money that only comes with selling their material to a big label under exclusive and draconian protections.

    Any artist that tells you they really want their music to be "free" are saying this in spite of their desire to have all the things that come with big label money.

    They obviously have made their choice. Their choice is that big label money is more important than freedom.

    It is better to make music in your freetime, work a partime job, and make music for the sake of freedom.

    This is why I have abandoned not just the music industry, but also the want-to-be music industry bands; in other words: every last one of them who do not release their music under a full and unrestricted copyleft license.

    1. Re:So STOP being fans - they sold their freedom by shish · · Score: 1
      > Why are you fans of these people?

      Because they make good music.

      When getting music, I want to get music, not politics. Much as my brain cares about DRM et al, my ears do not.

      --
      I mod down anyone who says "I will be modded down for this", regardless of the rest of their comment
  217. #1 Solution to fix America by Tokerat · · Score: 1


    Stop letting the corporate gangsters pay off out elected officals. They should recieve a paycheck from the government and that's IT. No more of this "rich men get advantagerous laws/decidsions" bullshit, it affects far more than IP laws.

    How we'd ever get the corrupt officials to make such a law is between a rock and a hard place, that's for sure. Perhaps we can sneak it into the next PATRIOT Act...

    --
    CAn'T CompreHend SARcaSm?
  218. Orrin Hatch is a SOFTWARE PIRATE himself!!! by Anonymous Coward · · Score: 0
  219. I guess, the next natural step... by Alex+Belits · · Score: 1

    ...will be a life sentence for trespassing, so Bush can send all war protesters into prison.

    The problem is not about what is legal or illegal. I just went >=67mph on a highway with 65mph speed limit a few hours ago. And did the same yesterday. And day before yesterday. And so did everyone who was on that highway at the moment. And so did, at some point everyone I know, who has a car. Guess what did anyone do about that. And guess why.

    There is a shitload of things that are illegal, but don't deserve punishment, or that warrant only minor inconvenience to match their consequences. And when they get elevated from their deserved status of "minor bullshit" to "Great Crimes That Land You Forever In Prison", it is just as unnatural as, say, if a punishment for the murder of a bald person suddenly got limited to a $70 fine.

    There are already a lot of things where "justice" is distorted beyond anything that can be seen as sane, "child porn" being one of the most prominent examples (yes, it's bad, but not at the extent that seeing a photo of a naked underage girl getting the same sentence as for killing and eating her). But at least this is caused by a dominant religion, and religions are built on overblown fear. "PIRATE" (do all stupid laws have to spell something?) act merely protects corporations at the extent that no living (or dead) being can ever afford. Not to mention that the same corporations can easily protect themselves from "pirates" by STOPPING OVERCHARGING THEIR CUSTOMERS.

    What is screwed up, no matter how I look at it. This is a kind of law that makes the idea of "illegal" moot -- if it's so easy to pass a law that contradicts to spirit and letter of the rest of the laws, what kind of credibility does the law have behind itself? Can I, please, buy a law that Bank of America has to pay me $50M every year? Would it be more or less difficult than robbing them?

    --
    Contrary to the popular belief, there indeed is no God.
  220. Senator Hatch is the world's biggest hypocrite by jfern · · Score: 2, Interesting

    First he threatens people who use pirated software with blowing up their computer, and then it's found he forgot to register some software on his website.

    And then, one of his staffers does a little "P2P" sharing with hacking into Democratic files, and obtaining information that he was not legally allowed to have. So guess what happens there? It goes to the Senate to the Senate Judiciary Committee to decide whether to have a probe. The Democrats aren't in the room at one point, and the Chairman (Senator Hatch!!!!!!!!!!!!!!!) ends the investigation.

    WTF is wrong with Utah?

    http://www.cnn.com/2004/ALLPOLITICS/03/11/congre ss .memos.reut/

  221. Don't Like It? by Saturninus · · Score: 1, Insightful

    http://www.house.gov/writerep/ Write your local reprentative to express concerns regarding this Pirate Act.

  222. What's with these catchy titles? by Zenmonkeycat · · Score: 1

    Here's a new bill that follows the leads of earlier legislation such as CAN-SPAM and USA-PATRIOT:

    Act for Special Scanning of Terrorist Operations, Rogue Paramilitary Echelons and Disruptive Organizations-- aka "ASS-TORPEDO."

    --

    *****
    Dear Mary,
    I yearn for you tragically,
    A.T. Tappman, Chaplain, U.S. Army.

  223. What we need by iothal · · Score: 1

    Is a stronger laws globaly. Now that we have a global economy, it follows that there has to be global laws for those organizations in the global economy. That is, tax laws, criminal laws etc etc. The mega corporations wants to be seen as loving flowerpicking people, then let's treat them as ppl - UNDER THE LAW! And that law is what we the ppl say it should be. Worldwide laws for working environments, minimum wage, tax laws for currency flowing around the globe etc etc. We can do it if we really want to cuz we, the ppl, are the government!

  224. If you're going to use the P- word by Anonymous Coward · · Score: 0


    Make extra certain that you've checked your spelling before hitting "Submit".

    "...pubic transportation...", indeed!

  225. Someone Help Me Understand by Etriaph · · Score: 2, Insightful
    How can a single track, let's say Days Go By by Dirty Vegas, be worth $10,000.00? Why can't users caught with illegal tracks have to pay the market price for the digital media, say, $1.00 a track? Isn't that fair? If I had 2GB of MP3s, OGGs, or other, I would have roughly 571 songs (at 3.5MB a pop on average). So why not pay the $571.00 for the digital music?

    I don't understand how the RIAA can place a value that high on a single track when someone can easily get it from iTunes for $1.00. Any ideas?

    --
    "It's here, but no one wants it." - The Sugar Speaker
  226. Joe Sixpack by MarcQuadra · · Score: 1

    What I'm worried about is what happens when we go a decade or so 'forgetting' our rights and there's a backlash. I really don't want America to polarize overnight ino a situation where 'joe sixpack' becomes 'joe six-shooter' and we're all killing each-other over decades of pent-up denial.

    I can honestly see that happening too, just read 'The Handmaid's Tale' and get a good idea of what we could be heading into with this 'consumer apathy.'

    --
    "Sometimes, I think Trent just needs a cup of hot chocolate and a blankie." -Tori Amos on Nine Inch Nails
  227. It is obvious: by torpor · · Score: 2, Interesting

    Mein Gott, what can we do?

    Someone needs to start "For the People, Inc." and we all need to become paid staff, assign our lifetime outputs/copyright to The Company, and get our ID badges issued at the door.

    The Company can then fulfill its charter, which is to protect all of us from other Corporations and Entities. All of our works will be protected, everything that we do together as a group will be company confidential, protected by all the right trade law, etc.

    Seriously. I'm about to do this.

    --
    ; -- the corruption of government starts with its secrets. a truly free people keep no secrets. --
  228. Language by Throwbot · · Score: 1

    It is critical that we bring the moral force of the government to bear against those who knowingly violate the federal copyrights enshrined in our Constitution.

    What exactly does the "moral force of the government" mean?

    Also, am I the only one who finds his use of the word "enshrined" a little...odd?

  229. And in the worst case... by aepervius · · Score: 1

    ...Once the population feel feed up enough, and feel that their live become unbelievable burdened, when the point is reached that fighting against the system give better hope than live in silence, then a revolution happen. Successful or not usually the "paradygm" shift and usually afterward a new deal is done. If corporation goes on the way the parent post is saying, sooner or later the corporation will be put down by the citizen. A way or another. Violently if necessary.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  230. Pirate??? by SolidiusRock · · Score: 1

    Am I wrong in understanding that general copying of software, music, et al. is not pirating, just copying, where as pirating is usually "bootlegging" or making profit off of said materium? Why oh why is the drive to label all who copy a pirate, seems rather evil and dubious to me.

  231. bah by BungoMan85 · · Score: 0, Flamebait

    Unlike a lot of people I don't make excuses for my illegal filesharing. I'm a pirate, and I know it. Let's put it this way: If this was the 1700's and the RIAA was a ship I'd have approached it with a white flag flying, set off my cannons at point blank range, boarded their vessel, taken all their treasure, raped their women, killed their children, and tortured their men, then scuttled the ship. I don't complain about outdated business models or unfair laws or corporate greed (I happen to like big corporations, they happen to employ people who pay for my tuition). I don't claim that filesharing is a right. I don't claim copyright laws are bullshit. I don't go off on rants about how artists are getting screwed by the record companies. I'm not gonna lie, I downloaded 1.08 gigs of music illegaly TODAY alone. And I'll do it again tomorrow. Why? Because I like music and stealing it costs me nothing, and much like pirates on the seven seas in the days of old it's more fun, easier, and faster than obtaining it legally. I wear my pirate hat and my hook and my peg leg with pride. Filesharers should stop making excuses and fly their Jolly Roger's with pride, just like us pirates did in the days of old. Now if you'll excuse me, a band I like just released a new album. I'm a pirate, are you?

    --
    Bungo!
  232. It's evolution in progress by Kjella · · Score: 1

    If the government had some sense, they would keep the current status quo. We, being technically savvy could always keep ourselves anonymous using proxies, open relays, unsecured networks, encryption, the works.

    Napster brought mp3 sharing to the people. Did it already happen? Of course, there was usenet, irc channels, ftps, lots of ways before. Same with anonymity. It exists in lots of forms already, but it could be spread to the general public.

    Nothing has spawned as much evolution as the downfall of Napster. RIAA flooding the network with fake files as well. The lawsuits also push them to evolve. The government coming after it, will really put P2P evolution on steroids.

    Pardon me if I think Freenet as of today isn't working very well - more of a concept of art than a slick end-user program, but I can see the potential. Imagine the following scenario.

    Many people today have literally 100's of gb of disk space. Imagine if millions of those joined up to create a virtual datastore - like the sum of all Freenet datastores. One which scaled, and provided good routing. It would be the collection of practicly all human knowledge - an extremely redundant network far beyond what arpanet ever was.

    It would cease to be a network, cease to be Internet in any traditional understanding. It would no longer be about connecting point A to point B, but more like adding a node to a cluster. The cluster.

    It has so many incredible properties that I think humanity will live with the downsides, just like pretty much everybody agrees that there's more kiddie porn being distributed now than pre-Internet. Yet there are no plans to disband the Internet...

    Kjella

    --
    Live today, because you never know what tomorrow brings
    1. Re:It's evolution in progress by John+Harrison · · Score: 1
      I agree that if Freenet becomes the only alternative for filesharing then it will develop rapidly. Witness the rapid evolution of Gnutella clients, especially after Napster went bye-bye.

      I also don't see how you could make Freenet illegal in the United States. Congress might try it but I don't see the courts allowing it.

      My point wasn't to cause Senator Hatch to focus on Freenet as the enemy, but to point out the unforeseen consequences of his proposed legislation in hopes of getting him to reconsider it. I doubt that he will do that though.

  233. distributing CDs for zero/cheap up-front costs by alizard · · Score: 1
    Any band can now afford to do their own online CD distribution. All it takes is having something to distribute.

    SwiftCD will allow you to set up an account with them which will do everything including collecting from customer credit cards and shipping to them via a store page for zero setup costs, you send them a copy of your physical CD master and upload the artwork. The CDs are a bit overpriced (CD+packaging about $12, you choose what your profit margin is going to be when you set the sale price) but that's the nature of custom manufacturing.

    Or if you can make professional-looking CD-R packages or can afford to do a short production run of CD-Rs or pressed CDs, setting up with CD Baby, IIRC, total setup cost is $35 plus $20 for a required barcode if one wants to sell digital music tracks via iTunes, Rhapsody, BuyMusic, Emusic, the new Napster, AOL's MusicNet, MusicMatch, etc.

    Just how easy does this have to get?

  234. *slaps the US juducial system* by NoMercy · · Score: 1

    Pull yourself together, youre putting way to many people in overcrouded jails, and stop turning civil crimes into criminal ones, why are you locking up people who pose no threat to society, there is community service for criminal cases where jail might not be the best thing for the offender (Realise it's not a perfect system, jail is simply time to ascoiate with criminals of all walks of life, no wonder people re-offend so much after theve learnt a pile of new tricks they want to try them out), And never underestimate the power of fines based on the income of the guilty party, no point fining somone 2.5 Milion damages for the 250 files he copied, try 1000 dolars, first one only causes him to go bankrupt and loose his TV, second one if he can pay, actually does hurt.

    Get a clue, and stop putting good people who commint an infraction of copyright law into jail, and also get a clue when the 'victum' says they were damaged to 2.5 Milion because the person didn't pay 1500 dolars to buy the CD's there lying there asses off, and I would slap them with comtempt of court if they were claiming damages that high, unless there lumping all there costs for all infractions onto one person I can't see that being a realistic figure, and lumping them all onto one is blatently insulting the courts.

  235. The results of communism.... by KjetilK · · Score: 1

    the average citizen doesn't really give a damn about the law.

    Funnily, we're headed in the direction of how communism fell apart.

    I read an interesting article by renowned russian political scientist Boris Kagarlitsky, where he wrote some ramblings around Linux vs. Microsoft, the western way of doing things vs. that what became prevalent under communism.

    The interesting thing in his argument is that rewritting an operating system from scratch is a typical western thing to do: If you don't like the system, you replace it with something better, you don't just ignore the rules. In Soviet Russia (uhm, You! :-) ), people were so used to stupid rules and regulations that they didn't even think about it, they were quietly ignored, and not a single mind would think about reforming them, that was simply not possible.

    As an aside, he used as one of his examples that russian crackers had access to Windows source code for three months, meaning, in Soviet Russia, you don't care about writing a open OS from scratch, you grab the source of whatever exists.... :-) And allthough Russia isn't Soviet anymore, the mentality still exists. Actually, I tried to refute that argument, becuase I'm extremely surprised if the availability of source code wouldn't lead to many high-profile exploits. But, I found that I really couldn't refute it...

    Furthermore, he argued, civil disobedience, i.e. breaking the law loudly to get your case before the courts, wasn't at all an option in Soviet Russia. You'll be locked up even if the law was stupid.

    So, instead, people would quietly ignore the law, or, as you put it "don't really give a damn about the law."

    Isn't a bit ironic that America is headed towards a situation where millions are quietly ignoring the law, when the western way should have been to reform it?

    --
    Employee of Inrupt, Project Release Manager and Community Manager for Solid
  236. Civil Disobedience by Anonymous Coward · · Score: 0

    What you need is people deliberetely braking this act in the open (perhaps over something trivial) and then confess everything to the police.

    Public would see people being jailed for something petty, and people who are ready to put themselves on the line to fight stupidity.

  237. refuting RIAA spin-control by alizard · · Score: 1
    f shared music becomes a form of advertising, then you would see businesses start up to take advantage of the situation.

    You don't have to go as far out of the mainstream music industry as Magnatune to find those businesses.

    Big Champagne tracks P2P downloads for the marketing departments of the major record labels. This allows them to tweak their marketing programs in practically real time, unlike Arbitron ratings that take weeks to turn around.

    The record labels know that in effect, P2P means music lover distributing broadcast-quality copies of their musicians' music substantially identical to what they pay to get played on the radio (Google on payola) on their own bandwidth dimes. This distribution leads to sales of the actual product, assuming it's worth buying to begin with. If an album is shit, admittedly advance P2P distribution means a record will be DOA when it hits the record stores. This recently happened to Madonna, and she's been publically whining about P2P. If an album is worth buying, record sales are boosted by P2P. Enimen's latest CD was unofficially pre-released over P2P a month before it hit the record stores. It immediately hit #1.

    What the hell kind of theft results in the "victim" getting richer as a result?

    Perhaps there's something other than what you and the RIAA define as theft going on here.

    1. Re:refuting RIAA spin-control by nacturation · · Score: 1

      Big Champagne tracks P2P downloads for the marketing departments of the major record labels. This allows them to tweak their marketing programs in practically real time, unlike Arbitron ratings that take weeks to turn around.

      And what does that prove, other than it helps them keep a better pulse on what music is popular? Your argument would be similar to movie producers keeping tabs on people sneaking into theatres without paying, in order to see what movies are popular because it's quicker than waiting for the sales reports to come in.

      If an album is shit, admittedly advance P2P distribution means a record will be DOA when it hits the record stores. This recently happened to Madonna, and she's been publically whining about P2P. If an album is worth buying, record sales are boosted by P2P. Enimen's latest CD was unofficially pre-released over P2P a month before it hit the record stores. It immediately hit #1.

      What you've demonstrated here is that a good album will sell well, while a crappy album won't. But then we already knew this. I fail to see how P2P affects this, unless you can also point to control subjects, such as many crappy albums not released on P2P yet reaching #1 in sales. With enough cases like this showing a clear relationship between quality of album, P2P availability, music consumers using/not using P2P, and resulting sales for each combination it would mean something. Two samples aren't enough to draw a general conclusion -- they might, after all, be the exceptions.

      The record labels know that in effect, P2P means music lover distributing broadcast-quality copies of their musicians' music substantially identical to what they pay to get played on the radio (Google on payola) on their own bandwidth dimes.

      Are you saying that because of P2P, labels no longer pay to get music played on the radio? I find that difficult to believe. In all likelihood, the practice continues regardless.

      What the hell kind of theft results in the "victim" getting richer as a result?

      Perhaps there's something other than what you and the RIAA define as theft going on here.


      I never said it was theft. I did say that it's against the law, which is true for copyrighted material for which you don't have the rights to redistribute (unless the country you're in doesn't subscribe to the Berne Convention). For all intents and purposes, 100% of music on P2P networks shouldn't be on there if copyrights are respected.

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
  238. the Sovietization of America by alizard · · Score: 2, Insightful
    We're heading for a situation where we have the kind of informational monitoring and control imposed on us that the Soviet nomenklatura could only dream of in the service of capitalism. DRM, content monitoring, "trusted" operating systems, and ridiculously dispropriate extensions of copyright both in time and penalties didn't happen because there was any public demand for them.

    Throw in the restrictions of civil liberties like PATRIOT Act, CAPPSI/II, TIA we were told would "protect" us against terrorism.

    How much input does a citizen who can't afford to be a major campaign contributor have on the political decisions made that affects him? What kind of meaningful choice do we have between the GOP President and his "challenger", a member of the Democratic Leadership Council that changed the Democratic Party's political message to "a kinder and gentler GOP policy"?

    How long before the average American citizen has no more freedom for meaningful political action than a Soviet Union citizen had?

    People generally ignore laws when they know that there's no meaningful way to get them fixed. In a democracy, if public behavior doesn't fit the laws, it's the laws are supposed to get changed. If the laws don't change, something's wrong with the democracy. The fact that this bill is being taken seriously because the *AA organizations have paid off quite a few politicians rather suggests that things have gone radically wrong.

  239. Democracy ? by Herkules · · Score: 1


    Its strange how in a "Democracy" a lot of things are made into law evan when it is not wanted by the people.

    How can it be called a "Democracy" when reality is like this ? (Becouse you can vote ?)

    --
    CIA Factbook 2002 (US):"Since 1975, practically all the gains in household income have gone to the top 20% of households
    1. Re:Democracy ? by DeanFox · · Score: 1

      That's because the United States is NOT a Democracy. The United States is a REPUBLIC. We live in a Republic, a representive form of government. Completely different from a Democracy.

      And, for me, I'm glad we are. If you consider history, republics are far more stable than a democracy. And, every democracy in history has fallen only to be replaced with a dictator.

      In a republic, the passions of the masses are buffered by a representive elected to speak for them. The cool head, in a way.

      I'm sure you can take it from here and do your own reading... But I cringe when even our own president calls us a democracy. We are a republic. Remember the pledge?

    2. Re:Democracy ? by Squidgee · · Score: 1
      First, it's a "Republic." Get your terms right.

      Secondly, the Senators/Congressman are elected by the people. Therefore, they are representatives of what they think the people want. If you don't like it, elect someone else. If you re-elect them, then you've just said "Hey, great job last term! Have another!"

      That's how it works. And if the people petition their new representative to have the law overturned, it can be. Nothing's set in stone.

    3. Re:Democracy ? by Herkules · · Score: 1

      "That's how it works." Maybe the way it works today is not so great ?

      --
      CIA Factbook 2002 (US):"Since 1975, practically all the gains in household income have gone to the top 20% of households
    4. Re:Democracy ? by Herkules · · Score: 1

      http://en.wikipedia.org/wiki/Democracy

      If you read this you will see that the USA is within the description of democracy.

      Plus what i wanted to say was not that the USA is not a republic. But that it looks like the elected representevis does not have the interest of the peopel of the USA.

      I mean why would they pass law that the majority does not want ?

      --
      CIA Factbook 2002 (US):"Since 1975, practically all the gains in household income have gone to the top 20% of households
    5. Re:Democracy ? by DeanFox · · Score: 1

      Do some more reading.

      The Constitution guarantees to every state a Republican form of government (Art. 4, Sec. 4). No state may join the United States unless it is a Republic. Our Republic is one dedicated to "liberty and justice for all." Minority individual rights are the priority. The people have natural rights instead of civil rights. The people are protected by the Bill of Rights from the majority. One vote in a jury can stop all of the majority from depriving any one of the people of his rights; this would not be so if the United States were a democracy. (see People's rights vs Citizens' rights) http://www.chrononhotonthologos.com/lawnotes/pvcri ght.htm

      In a pure democracy 51 beats 49[%]. In a democracy there is no such thing as a significant minority: there are no minority rights except civil rights (privileges) granted by a condescending majority. Only five of the U.S. Constitution's first ten amendments apply to Citizens of the United States. Simply stated, a democracy is a dictatorship of the majority. Socrates was executed by a democracy: though he harmed no one, the majority found him intolerable.

      Even a better link: http://www.wealth4freedom.com/Republic.html

      Either way, I haven't lost your point. I agree with the spirit of your complaint. I don't think we're (the people) are being as represented as large corporations are.

  240. Pot calling kettle... by Anonymous Coward · · Score: 0

    And "sharing" on a P2P network is not sharing, it is copying. You do not "share" someone else's copy, you download a copy for yourself. Look up the definition of "share".

    If you're going to criticise others for using inappropriate terminology, do not be guilty of the same.

  241. this is war by Anonymous Coward · · Score: 0

    We need a law. Maybe:
    Any person who donates money to a congressman to encourage passage of a law that FOR THE SAKE OF CORPORATE PROFIT PROMOTES JAILING AMERICANS shall be executed.

  242. pass a law by Anonymous Coward · · Score: 0

    "Mein Gott, what can we do?"

    We need a law. Maybe:

    Anyone who encourages JAILING AMERICANS FOR THE SAKE OF CORPORATE PROFIT shall be executed.

  243. Hmmm. something shorted by fatgeekuk · · Score: 1

    We are all screwed.

    It is no longer the lunatics that run the asylum.
    Its the shitheads...

  244. People need to pull their heads out. by BoomerSooner · · Score: 1

    Ever wonder why the USA has more people in jail per capita than any other nation in the world?

    Everything that is trivial can get you put away "for the safety of all". This is very scary because if you've ever worked with anyone after they've been to prision you know the effect it has on someone. Prision isn't the answer to all things (although Republicans would have you believe it is).

    How long before corporations have the ability to arrest?

    US of CA should be our new country name, we're no longer "for the people, by the people". We're "for the corporation, by the consumer".

    United States of Corporate America, In God our Money Trusts. Fucking pathetic.

  245. Waste of resources by nurb432 · · Score: 3, Interesting

    This is way out of hand. Wasting all this time and energy and money to go after a person sharing a 99cent song is insane.

    Why don't we go after the real criminals and people who mean this country harm, instead of a wholesale expansion of who is considered a criminal? ( but then again, convicted criminals legally loose most of their rights, perhaps this is the actual goal of this movement.. that is if I was paranoid... )

    And while I've not read the entire thing, what is this about 'reducing burden of proof' ? When will we reach the point that unsubstantiated 'suspicion' gets you jail time with no recourse but to rot in jail..

    Are they taking into account exploited computers? Are they going to PROVE it was the owner that was sharing ( or even knew it was wrong ) ? Or are we now responsible for the actions of a criminal that breaks into our home ( effectively ) and steals your stuff, and uses it inappropriately.?

    --
    ---- Booth was a patriot ----
  246. Anology not entirely correct by SmallFurryCreature · · Score: 1
    People aren't going into houses and copying furniture. They are copying the furniture they bought.

    So it is totally unlike shoplifting. It would be like this. I buy an apple ( the fruit ) and through technology can then give away that apple without loss of the apple. Sort like a horn of plenty but ONLY after I paid for it.

    File sharing can be easily stopped. Make it easier and cheaper to buy then to get it from a sharer. Hard? Not really. The internet ain't a nice place to get things. We do it because we are fed up with buying crap but I do still buy DVD's. Just only the cheap old movies. You know a few euro for old movies you are not supposed to really enjoy.

    To make the apple example really work. I used to live in the betuwe (fruit growing part of holland). I would walk past apple growing trees with apples in easy reach to go to the supermarket to buy apples. Because paying for them was easier then stealing them.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  247. Pirate Act = Good Idea by Anonymous Coward · · Score: 0

    The Pirate act is going to protect industry jobs in the short term and protect the entire entertainment industry in the long term. I know the RIAA suits don't deserve to have jobs and aren't even needed, but the movie jobs are needed.

    The government has to intervene somehow otherwise movie piracy will become so rampant we won't be seeing as much stuff coming from Hollywood.

    I mean, someone has to foot the bill. Do you suggest they pay for production costs by placing commercials inside the movies by having characters drink Pepsi every few seconds?

    Either the govt. intervenes or we lose a good part of the movie industry. Thats the way I see it.

  248. Umm no... by Kjella · · Score: 1, Informative

    However, if I asked you to prove that you're losing money because of P2P or whatever, you'd have to show that everyone that "pirates" your software would have bought it in the first place.

    No, you need to show that one of those people would have. Or that one of those would have been interested in buying a "light" or academic version of your product, if the alternative was nothing at all. Of course they maxmimze to everyone*full retail, but if you argue they're not losing money, you're smoking SCOs stuff.

    2.) Very few pieces of software are worth the asking price, and even fewer corporations need the price that they're asking. It is this exhuberant overpricing that drives many people to download.

    If their products are absurdly overpriced, why do you need absurdly overpriced products? A Ferrari is absurdly overpriced too, does that mean you should illegally acquire one? Do you need a Ferrari? Or do you just want one because it's a damn good car, but you can't afford it?

    As for the second argument, I don't even want to go there. So the more efficient, the better, more higher priced products they sell, the more people should pirate them? Because no company deserves to make more than a "fair" profit?

    As for the difference between copyright infringement and theft. The difference between pirating and stealing a CD is 1$ worth of plastic. Apart from that, it's 100% identical. Deal with it.

    Kjella

    --
    Live today, because you never know what tomorrow brings
    1. Re:Umm no... by Shurhaian · · Score: 1

      If their products are absurdly overpriced, why do you need absurdly overpriced products? A Ferrari is absurdly overpriced too, does that mean you should illegally acquire one? Do you need a Ferrari? Or do you just want one because it's a damn good car, but you can't afford it?

      It's becoming increasingly difficult to get by without a computer, and a computer needs an OS. MS would like us to believe(as anybody in the business would, including, with arguably more merit, the FOSS developers) that their OS is the best one for us.

      They've been charging increasing amounts of money for the lowest-level offering. They don't offer an economy Windows, and many Slashdotters would deride them for offering crippled software if they did. Granted, there are heavier-duty versions that are better suited to servers(bear with me here, please) than the consumer offering, but even the consumer offering is getting pretty steep.

      Photomanipulation and 3D rendering programs take it to respectively greater degrees. They're niche markets, and are often used by business customers. Thus, the companies set prices that only businesses can afford, and keep individuals from legally getting into the field; thus, only businesses buy the software, and are on record as being the ones that mostly use it...

      Lather, rinse, repeat.

      Now, personally, if I ever get into photo manupilation I'm far more likely to try to learn the GIMP or something like that than to pirate Photoshop; ditto if there's a good OSS 3D modeler out there(though I don't yet know what such options may exist).

      If I start using the software for profit, I'm likely to either look for a slightly higher-end program that carries a small charge, or send a contribution to the people involved in the tool that I do use(which contribution might or might not be monetary, depending on whether I have relevant skills to the project).

      Too, going back to the original topic, don't forget that this act might get weaseled around to apply to perfectly legitimate uses of P2P software. All those people on Bittorrent for Linux ISOs had better watch out... Is it really hard to imagine that, since the program you're using could be used to distribute copyrighted material, the suits(2) will brush aside the fact that you, personally, weren't doing so at the time? You might be able to win such a case in time, but only if the legal fees don't grind you into the ground first.

      --
      NB: YMMV. IANAL. Take the above with a grain of salt.
    2. Re:Umm no... by Thing+1 · · Score: 2, Interesting
      If their products are absurdly overpriced, why do you need absurdly overpriced products? A Ferrari is absurdly overpriced too, does that mean you should illegally acquire one? Do you need a Ferrari? Or do you just want one because it's a damn good car, but you can't afford it?

      What will the argument be in 10-20 years, once nanotechnology has sprouted wings and created a matter copier? If you can duplicate a Ferrari without depriving anyone else of their copy, do you think that doing so should be illegal?

      If so, why?

      Personally, I think that would be just fine. And it doesn't "hurt" the Ferrari corporation, because they won't need money anyway -- they'll have a matter copier as well, to create anything they need. This is not a pipe dream but it certainly looks like one; for the time being I'll have to continue working. But seriously, why would duplicating a Ferrari be wrong if it harmed noone in the process?

      And if you agree with me, then work backwards. We already have digital matter copiers; things will only get weirder.

      --
      I feel fantastic, and I'm still alive.
    3. Re:Umm no... by Nurgled · · Score: 1

      I'm not sure how much it cost because it was bundled with the PC at purchase, but my mother's computer runs Windows XP Home. If this isn't cheap, it damn well should be. I'm staying with my family for a few days and while here I had to do some maintenance on the computer to sort out some weird quirks that had happened with the user accounts.

      Specifically, users had started to "vanish" from the "Welcome screen". My first thought was to pop into the user accounts control panel, and found that it's been turned into some web-alike unusable mess which doesn't allow anything by way of fine-grained control. My next idea was the MMC, where the "Local User Manager" (or whatever it's called) is used for most fine-grained account configuration, but I found that Microsoft had deliberately disabled that in the Home edition by making it display a message stating that I need the Pro version to do this. Fun.

      Finally I found how to get at the old User Accounts control panel by searching Google (run "control userpasswords2") and was able to change my brother's forgotten password but was unable to get at my sister's now-hidden (but still existant; can log in through the type-in login screen) account.

      I just gave up and disabled the "Welcome Screen". They've now lost the much-praised "Fast User Switching".

      I certainly hope this version of Windows is cheap. It certainly deserves to be, given that Microsoft has actively stubbed out stuff to produce an artificially-cheaper product. It reminds me of the phone caller-id system; the telephone company go to the trouble to strip out the caller-id information until you pay them to stop. Talk about backwards...

  249. In Scotland, "not proven" is a verdict. by Moderation+abuser · · Score: 1

    It means that we're pretty sure you're guilty, but can't prove it so you're free to go.

    Not guilty implies innocence by it's very nature. You either did something or you did not. If you did it you are guilty of the offence, if you did not then you are innocent.

    The way the English and American legal systems equate lack of proof with lack of guilt and therefore of innocence is a failing.

    --
    Government of the people, by corporate executives, for corporate profits.
  250. What a lousy comparison Napoleon != hitler by SmallFurryCreature · · Score: 1
    Other way around would be better. Napolean did not discriminate let alone murder huge number of people because they were the wrong religion/race/whatever.

    In fact napolean had different religions in his army. Good luck being a catholic in englands army. Foot soldier was just about allowed but nothing higher.

    You I am afraid have fallen for the old propaganda. Napolean was no more a dictotator then any other ruler from that era. In many ways less so. All european countries waged wars of conquest. Napoleon just won a lot more.

    It is just that the british won and have therefore written the history books. Even they don't seem to manage much more then making him into a looney. Exactly what warcrimes has Napoleon been accused off?

    But this is more then just nitpicking. You have shown exactly what is wrong. These politicians are just like you. They have accepted one source of information as the absolute truth without bothering to think for themselves or seek other sources of information.

    It is easy to believe copyright infringement is a serious issue when you choose to listen only to certain copyright holders. It is easy believe napolean was like hitler if you choose only to listen to british history.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  251. The DMCA by epcraig · · Score: 1
    It's all downhill from the Digital Millennium Copyright Act (but let's not forget the effect impaling a musician/congresscritter had on the duration of copyright). Criminalization of copyright infringement is an inexcusable abuse of legislative power.

    You ought never vote for anybody who supports the DMCA. Not Bush. Not Kerry. Nobody who voted for the DMCA deserves your vote.

    --
    Ed Craig "Who cares what you think?" George W. Bush, 4th of July 2001
  252. The Best Government... by Sfing_ter · · Score: 1

    We have the best government money can buy, can I get a bid on... citizens property rights? And what do you bid for removing the bill of rights? It is very unsafe you know...

    I Lart, therefore I am.

    --
    A computer once beat me at chess, but it was no match for me at kick boxing. Emo Philips
  253. War on Music Sharing by greystormcloud · · Score: 2, Funny

    Coming soon to a street scene near you the sequel to "The War on Drugs". It is the "The War on Music Sharing" - they live amongst us, they go to the same school as your children those evil people on the dark side of society. They are the mp3 pushers. Hey man can i score some mp3's!

  254. Just wanted to mention... by Anonymous Coward · · Score: 0

    I read lot's of people bitching about corporations, we're fucking capitalists, get over it, consumers and useless products are the foundations of our financial pyramid. Buy a yak and move to antarctica if you want freedom.

  255. Please. Voting is WORTHLESS. by Anonymous Coward · · Score: 0

    Howard Dean was the only candidate I was seriously considering voting for. And then, "The Scream" happened, and it was all over. It wasn't his ideas for medicare, education, or social security, or foreign affairs that killed him. It was one lousy second that was played on every media outlet (both left- and right-wing) over and over every day non-stop. In a country where a thing like that destroys your campaign, why even bother to vote?
    Another thing, America is, and will be, a two party system for a very very long time. Voting for a 3rd party candidate right now is a fucking waste, and it's a damn shame, too. And in the end, it doesn't even matter whether Democrats or Republicans have control. Both are equally destructive.

  256. Hatch is a whacko by EvilStein · · Score: 1

    He's doing it "for the children!" Check out this quote:

    "Unscrupulous corporations could distribute to children and students a "piracy machine" designed to tempt them to engage in copyright piracy or pornography distribution."

    What a load of crap. The "unscrupulous corporations" are the ones that we already have - the ones that have been screwing over recording artists for generations.

  257. Eisner & Leahy by wytcld · · Score: 1

    Leahy's dismal stand on this may be influenced by Michael Eisner (of Disney) being from Vermont. His father co-owned a failed apple orchard in Westminster and his mother, until her recent death, lived on a large estate outside Saxtons River, which Michael still maintains - and which a large part of the Disney stockholdership would like to retire him to soon.

    Southeast Vermont has lately become a hotbed of independent music production. There's an active indie movie scene too. These are now making a real economic difference to the small towns in the region as traditional manufacturing industries continue to decline - so our economic interests here, to put it mildly, are not at all allied with Disney's.

    --
    "with their freedom lost all virtue lose" - Milton
  258. A boycott would flush this sewage down the toilet by dcavanaugh · · Score: 2, Insightful

    Nobody NEEDS the entertainment industry. The sooner we stop buying their crap, the sooner we get our rights back.

  259. Belated by Geekbot · · Score: 1

    I belatedly welcome our not so new corporate overlords.

  260. WTF is "lowering the burden of proof"? by Cerv · · Score: 1

    The burden of proof refers to which party has to proove their case, the accuser or the accused. You probally meant the standard of proof.

    --
    sig
  261. Perhaps in the ma bell days this wouldn't have by slashhax0r · · Score: 0

    Happened... Since the split, in a lot of places prices went up service went down.

  262. Out of bounds (and sense) by llauren.mobile · · Score: 1

    Ten years for spreading software?! Can somebody out there tell me how much you get from rape, drunk driving, breaking in, kidnapping, molesting and other real crimes?

    ~llauren.mobile

  263. Loss of rights by tgraupmann · · Score: 1

    This is going too far. Burden of Proof is the cornerstone of justice. If you start to lower it, pretty soon we'll go to jail just for watching someone use P2P or for knowing someone who uses P2P!!

    Starting to sound like, "Are you a communist?" and "Have you ended any meetings recently?" and "Who do you recall, attended these meetings?" and "If you tell us, you can reduce your sentence." and "You don't want to go to jail, do you?" and "We are here for your protection, just tell us what you did today?".

    Who are making these bills? Are they the decendents of the anti-communists of the past. Neglected, abused, and brain washed by their parents into thinking that this acceptable behavior by congress. Do they really thing that "the people" are really fleas???

  264. Oh No! GIGLI will loose profits! by Anonymous Coward · · Score: 0

    This is the same guys telling you,

    Oh, no - don't worry about that
    little old DRAFT thing...

    The teenagers who are not getting shipped over seas to fight for Oil will get shipped off to prison to make jeans for $0.65 an hour...
    Thanks a lot Hollywood.

    Protecting the rich corporation profits is more important than protecting the life and welfare of people.

    Through congress in jail, as War Criminals!

  265. I'm normally not a syntax Nazi, but... by lvdrproject · · Score: 1

    <rant>
    You can't have spaces in a mark-up element. What you have there is 'rant', an attribute of the element 'heinous'.
    </rant>

  266. more efficient ... by Anonymous Coward · · Score: 0

    Machines are more efficient than humans...

    Guess it's time for our species to just pack up shop and go extinct?

    We have a Statue of Liberty for our country-
    Not a Statue of Corporate Power.

    It's time for all citizens to organize and start dispanding these corporations by revoking their corporate charters - liquidation of corporations assets to potect the rights of the American People.

  267. Remember the RAVE Act?! by amorphosamon · · Score: 1

    Senate Judiciary Chairman Patrick Leahy is the same goon that co-sponsered the Reducing Americans' Vunerability to Ecstasy (RAVE) Act. It recieved so much controversy because it's language specifically targeted raves that he eventually withdrew his support.

    The bozo who started it all, Joseph Biden (D), renamed it to the Illicit Drug Anti Proliferation Act and hitched a free ride by attaching it to the Amber Alert Law two days before a went before the floor for a vote. Bush signed it into law last year.

    Even if Leahy comes to his senses and removes his support for this PIRATE garbage, the fact that it was even introduced is a knock out blow.

    Controversy? If that happens, they are going to rename it and attach it to the next version of the PATRIOT Act two days before the vote.

    Make me wonder how many times this has happened...

    --
    religion != morality
  268. Re:Excuse me while I smash my head into the TV. by cyberchondriac · · Score: 0, Offtopic
    Hey, to each their own spin. Really, what is "but I digress", but a quick shot and withdrawal with the hopes of avoiding a counter shot? ;-)
    We're getting offtopic but.. oh what the heck:
    One can argue that CNN spins in the other direction, IMO, so in a way, "fair and balanced" means the news media overall.
    Okay, so Foxnews doesn't mean it that way, and sure, they're slanted right,( even more so on weekends, oddly ) but when ya lump them all together, you get a soupy mix that has something approaching more even coverage than you traditionally get from the CNNs and Dan Rathers of the world. Also, Foxnews often puts a liberal punduit in the hot seat, so to speak, but at least he/she gets some airtime before getting shot down in flames. The other networks often don't do that much for the other side - you just hear the one side. Funny thing is how Foxnews has become the posterchild for conserative TV news, when some of the reporting I saw out of MSNBC during the height of the Iraq war was waaay more right-wing, and Michael Savage (until he got fired) was much right-wing than say, Bill O'Reilly.
    <Off soapbox now>
    BTW, that first cast of SNL rocked ! I'm old enough to remember, and it was never the same after the first cast; that was SNL at it's peak, but I think you had to be there. Just one question: what the heck ever happened to Lorraine Newman ?
    --

    Look back up at my post, now look back down, you're on the Internet. Now look back up. I'm a signature.
  269. So... by illumina+us · · Score: 1

    So the entire internet user base will be thrown in jail for 10 years? This bill will pass how exactly?

    --
    -illumina+us "I put on my robe and wizard hat..."
  270. Obligatory G. B. Shaw quotation by orzetto · · Score: 2, Interesting

    Live your life well, try to bring more love than hate into the world. That's all. No big stuff -- no Revolution, no Topple the State, no Stop the Corporations. Work to your scale, as an individual; the rest is History.
    Reasonable men try to adapt themselves to the world; unreasonable men try to adapt the world to themselves.
    Therefore, all progress is due to unreasonable men.
    --
    Victims of 9/11: <3000. Traffic in the US: >30,000/y
  271. WTF? This if funny by Anonymous Coward · · Score: 0

    The grandparent used "screw" to mean something like "rip-off/take advantage of," while the parent used "screw" to mean "engage in sexual intercourse."

    This was meant as a joke, I think. And whoever modded it informative must have dropped out of junior high school.

  272. What acronym can we think up this time, boys? by AmunRa · · Score: 2, Interesting

    First the PATRIOT act, and now this - is there some kind of law in the U.S. that mandates that every bill's name has to make some clever (read: daft) acronym? As a UK citizen, I'm not hugely exposed to US legislation, but the UK government's bills generally speaking don't have such overly long names, whose only purpose seems to confuse the actual purpose of the bill and give it a cool acronym...

    --
    " To steal ideas from one person is plagiarism; to steal from many is research. "
  273. Re:Excuse me while I smash my head into the TV. by Anonymous Coward · · Score: 0
    Laraine Newman
    ^^^^^^^

  274. In 'praise' of overpriced interlectual property... by iamcf13 · · Score: 1

    So, in closing. Downloading software is illegal. Fucking consumers is immoral.


    Correction: Downloading illegally available software is illegal.

    Case in point: I have a free, free-to-download test program available at my site (see sig) that checks if the PC you run it on is capable of running my retail program that is available for purchase there.

    zerocool complains about high-priced (overpriced) software as is his/her right in the USA under the First Amendment to the Constitution Of America.

    The reality: Software development costs MONEY and should be compensated for if desired by the creators of said software.

    The facts....

    The computer(s) the software is developed on costs money (unless said computer(s) were donated for free).

    The electricity powering the computer costs money (unless it is being generated from a free and/or donated source).

    The programmer(s) who programmed the software cost money (unless they are donating their time and skills for free).

    The advertising for the software costs money (unless it is being done for free somehow).

    The distribution expenses to distribute the software to the recipients cost money (unless it is being done for free somehow).

    Companies and individuals have invested lots of time and money in the software they create and sell. They found needs/markets for certain kinds of software and wrote the software to fill those needs/markets. Big companies have to sell software for big bucks to recoup the expenses in creating, maintaining, and distributing said software. They also are entitled to profit from their software which should be reinvested back into the company--not wasted.

    For example, look at the 'gross profit margin' on a retail CD copy of Windows: $179.00 or so for a round thin sandwich of plastics and metal that has an intrinsic value of maybe $1.00. That $179.00 Windows CD allowed everybody, from the end user/customer up to Microsoft itself, to profit and benefit from the manpower and technology invested in it to create it and to benefit from its power as a computer operating system.

    Ok, let's cut to the chase....

    Windows is a kludge, based on code dating back to the dawn of the PC era.

    Microsoft is a monopoly.

    Even in this environment, the customer STILL has alternatives such as Apple and Linux -- SCO problems with commercial Linux use aside (which can be resolved.

    If you want to avoid paying for high-priced software, use cheaper/free software or buy/legally get for free the necessary software tools to write your own custom programmed software solutions.

    To address the second part of zerocool's comment, I offer the the following as some of the societal results of 'people as consumers -- not customers'. This has created a desparate, adversarial environment in which commerce and 'consumers' meet in an inevitable clusterfsck....

    Wal-Mart, their business practices and its consequenses.

    Ad creep. Even on the Internet. a technique coined and first implemented in 1996.

    Email spam.

  275. Dont confuse evil with ignorance by Anomalyst · · Score: 1

    Slashdotters: Please refrain from using the phrase "dark side". s/dark side/dim side/g 1) The majority of the people accused of this are evil, just "dim-witted". 2) Using the deprecated phrase is free advertising for for an industry/company/person that already has more than enough of our dollars & mind share. This is an aside, not a bash. I have (legally purchased) laser disc and DVD copies of the stuff, that does not make me unaware of the where my dollars and time were/are flowing.

    --
    There is no right to feel safe thru security vaudeville at the expense of everyone's freedom, privacy and tax money.
  276. OT: Don't confuse evil with ignorance by Anomalyst · · Score: 1

    Slashdotters: Please refrain from using the phrase "dark side".
    s/dark side/dim side/g

    1) The majority of the people accused of this are not evil, merely "dim-witted".

    2) Using the deprecated phrase is free advertising for for an industry/company/person that already has more than enough of our dollars & mind share. This is not a bash. I have (legally purchased) laser disc and DVD copies of the stuff. Having acquired and viewed them on multiple occaisions does not make me unaware of the where my dollars and time were/are flowing.

    3) Punning the phrase, is slightly more amusing or, at least, eye-catching.

    4) Pointing out someone as a buffoon does a great deal more damage to their credibility that accusing them of malicious intent.

    --
    There is no right to feel safe thru security vaudeville at the expense of everyone's freedom, privacy and tax money.
  277. Hmm..what to do?!?!? by fluxrad · · Score: 1

    Perhaps our founding fathers should have taken care of that nastiness by creating a term of copyright that lasts for 14 years, renewable once.

    Of course, where in the constitution's copyright clause does it say that the spouse has a right to the money her husband might possibly have made. It's a tear-jerking hypothetical, and while it would be nice to make sure the wife gets some money out of the deal, you assume she somehow has a right to make money off her husband's works.

    What if he left her after he became rich? What if the book flopped? I'm sorry, but we live in a world where you can't go around making a law that's detrimental to the good of the people simply because someone, somewhere, might possibly drop dead right after they hit the print button.

    Remember, the only reason we have copyright in the first place is "To promote the progress of science and useful arts."

    --
    "It is seldom that liberty of any kind is lost all at once." -David Hume
  278. Acronyms for the Revolution? by tjstork · · Score: 1


    F.R.E.E.D.O.M.S. act -

    Fry Republicans Exactly, Exterminate Democrats Outstandingly, Moronic Senators.

    Basically, let's have the prison for any senator that does something stupid. That's probably all of them.

    M.O.M.S.A.W.A.R.D. act -

    Manage Our Money Specially, Always Wary And Ready to Die.

    For fiscal responsiblity.

    --
    This is my sig.
  279. So one possible solution... by dolson · · Score: 1

    ...would be to have a lot of bands record covers of all the popular songs, and then just trade those cover songs on P2P networks... If the covers are done right, they'll sound pretty good, and often times close enough to the original, that we could fight back at the RIAA in this manner... Let's all contribute a song... Mine is a cover of Zao's 5 Year Winter. You can find it at http://rivir.tk/ but be warned, it sucks. I'm redoing the vocals sometime soon too, since they sound whispered... But anyhow, that's my idea. Who's with me?

  280. Money Money! by bjackrian · · Score: 1
    Not only do the senators want to change the enforcement ability of the justice department, but if you read the bill text, they want to give them $2,000,000 to create a pilot program and start enforcement in four US Attorney's jurisdictions.

    Because there's nothing else we should spend that much money on.

  281. May I suggest Idaho? by the_greywolf · · Score: 1

    Gambling may not be legal, but you can openly carry a loaded gun.

    --
    grey wolf
    LET FORTRAN DIE!
  282. a few thoughts by gotscheme · · Score: 2, Interesting

    random stream of consciousness:

    You've been Hatch'd. What is it with Utah that makes it feel like it should do things that fulfill Orwellian prophecy (i.e. this and MATRIX)?

    Protection of IP is in the best interests of the US in the long run if international law is enforceable because in the future presumably the US will rely heavily on IP such as inventions and entertainment for GDP (it already relies on entertainment quite a bit). When manufacturing/labor is gone, service and knowledge remain. With the exception of tourism, service has a sketchy effect on the real growth of the American economy. Knowledge, on the other hand, can be very useful if it is able to be sold in exchange for physical goods.

    The definition of IP is too broad sometimes. This means that certain works should not protected as much as they are now. Other works should be protected even more.

    One song should not be valued at $10,000 unless it is an unauthorized leak. Let's say somebody at the studio leaks a single before it is authorized to be played. That person should have to pay, especially if there is something in her/his contract explicitly forbidding the leak. Record sales do sometimes drop because of leaks. The cool factor of owning an album may increase its sales after a leak, however. With that said, the real impact, as has been discussed often, is in singles sales. Singles sales are obviously not dead, however, when alternatives to p2p like itms or napster2 are around.

    Should all file transfers be logged? How can this be done without destroying open source, nothing to say of whatever privacy is left?

    Some people do not have a problem paying for music and have learned to live without downloading singles or albums on the Internet. Friends recommend albums to friends, and they're usually right about their recommendations.

    Digital piracy is, for the moment, not the same as physical theft. When the US economy relies more on IP as a source of wealth creation, digital piracy will be more similar to physical theft. Right now I still question this whole mode of thought.

    Few judges will follow through with the punishments in these types of bills.

    Entertainment industry lobbyists suck, but so do people who don't eventually pay for goods that people expect payment for. Just because somebody sounds snoody saying s/he wants payment for being part of the production of art doesn't mean that person shouldn't get paid. People generally deserve to be compensated for lending their talents to the supply chain. The amount of payment is debatable, but that somebody deserves to get paid for work is generally accepted. I hate the MPAA commercials at the movie theater as much as anyone else, but that doesn't mean people don't deserve to earn a living.

    Blah blah blah. This is nothing new, I guess, but it's Sunday and I have to go create some IP for the man so that he can profit mercilessly from exploiting the minds of senators with the ROI he gets from my open source software.

  283. What happened to government by the people? by lpq · · Score: 1

    Oh -- I forgot -- corporations were declared to be people.

    Um...but what about "equal representation"? Ah...well...the makers set government up to be run by the richest individuals -- with the rich individuals able to command the most influence.

    It was a system that sorta worked....with the dream of lower class becoming upperclass, and with 'equal' votes --- but without the votes, directly, really counting -- we elect some "special" group that I'm, a bit fuzzy on -- an "electorate", that makes the real decisions as to who gets elected with individual states getting to choose how individual votes are counted (or discarded) and which electorate entities finally get sent to cast the "representative" [sic] votes of the people.

    Classic example: through illegal vote negation, Florida was able to swing the last election -- not Florida, but 1 person, in the family of the to-be elected president. It's the same as the original system -- the rich are the real ones deciding the election and making the laws to keep themselves in power.

    The main hiccup that's wreaking the most havoc is this bit about corporations having the status of being "people". There can never be the equality of "all men being created equal" when you have corporations that can outlive any single "man" and can become a super "meta-person" with abilities and resources no single "man" could ever have.

    Until that "waving of hands" is undone and "corporations" are stripped of the right of "personhood" with property only being owned by real people who have limited lifespans, we, the people will never have equality and will continue to find ourselves oppressed, more and more, by large corporate "people".

    -l

  284. wtf by Hillie · · Score: 1

    RIAA.org .. MPAA.org ?!?!?!?!?!?

    What's next, microsoft.org?

    --
    - Alex
  285. Mod parent down as clueless by Anonymous Coward · · Score: 0

    He doesn't understand that government created these monopolies he hates.

  286. why egregious copyright violation feels wrong by jshurst1 · · Score: 1
    There are two issues in the current debate on digital copyright violation. One is a question of personal morality: Is it wrong to digitally duplicate an intellectual work? No (I'll spare you the apple analogy). The second and more often ignored point considers societal morality: Is it wrong for a society to not support its creative workers? This is more of a gray area, but surely it is at least extremely foolish to let all artists starve.

    It is important that the two issues not get confused.

  287. The RIAA can't go after cover bands by rustman · · Score: 2, Informative

    Do not confuse the multiple copyrights that make up a song.

    There is the copyright on the musical composition AND the copyright on the sound recording.

    Musical compositions are licensed by BMI, ASCAP and SESAC in the US, and there are compuslory rates paid by all venues that play any kind of music.

    Sound recordings are licensed by Sound Exchange (for compulsories- e.g. satellite radio and webcasting) and by the copyright owner (usually the record company) for other uses (e.g. sampling).

    Cover bands are not dirivative works. Cover bands are allowed to perform the copyrighted material created by a composer, but the composer gets paid through the monies collected by BMI, ASCAP and SESAC.

    No paperwork is required for a band performing a cover live.

    Recording those covers is a different issue, but still there are statutory rates of 7.5 cents per song per record. Some paperwork is required.

  288. oh, it is that bad by RafeDawg · · Score: 1
    And I have to admit, the PIRATE act doesn't seem all that bad. It would simply allow civil prosecution, which makes sense in cases where criminal charges seem too harsh. And since the RIAA is filing civil charges anyway, I'd much rather have the Department of Justice investigating and charging than the RIAA.

    Read Senator Leahy's remarks introducing the bill. Criminial copyright cases have such a high burden of proof that they are almost impossible to prosecute. This bill basically gets the Department of Justice to do the RIAA's dirty work for them, relieving the latter of the financial burden and the bad publicity that comes from suing their own customers.

    --
    ------- Was it just a coincidence I got moderator points the first time I logged on to /. from linux?
  289. My message to Senator Leahy by RafeDawg · · Score: 1

    Subject: message from an unhappy constituent

    Dear Senator Leahy,

    I have lived in Vermont for the past 10 years, and in that time, I have been proud to call you my senator. You have been a champion defender of the first ammendment and provided a valuable check against the authoritarian policies of the present administration. I have found particularly admirable your visionary stance towards the internet and your efforts to protect its potential to facilitate the free spread of ideas. That is why I was surprised and disapointed to read that you are sponsoring the PIRATE act to allow the Justice Department to bring civil charges against peer-to-peer file traders (1).

    In your statement introducing the bill, you argue that piracy limits the diversity of content available online (2). I would argue that the more serious limiting factor is the creative conservatism of our country's increasingly consolidated entertainment industry, whose notorious intolerance of independent artists stifles creativity both online and off. This industry's response to the challenges and opportunities offered by the internet has been woefully short-sighted. Its solution is to develop centralized, industry-controlled online stores that offer Digital Rights Management-protected content. But the restrictions stores like iTunes or Napster 2.0 place on their products make such products little more than digital LP's. Such ventures simply transplant the offline status quo into the digital world, so their contribution to the diversity of online content is limited by whatever diversity (or lack thereof) existed previously. On the other hand, decentralized and unrestricted information exchanges such as those offered by peer-to-peer services have an incredible potential to generate new creative diversity by fostering artist collaboration.

    Centralized online stores are but one arm of a two-pronged initative to ensure the entertainment industry's dominance of digital creative content. The other arm is to discourage the use of peer-to-peer services through widespread legal action against copyright violators. The nearly 1600 lawsuits brought by the Recording Industry Association of America indicate to me that the entertainment industry has plenty of lawyers to protect its copyrights. You however, seem to believe otherwise and felt it necessary to draft a bill that "will bring the resources and expertise of the United States Attorneys' Offices to bear on wholesale copyright infringers. (2)" I read that statement a different way: "The Justice Department will do the entertainment industry's dirty work and the American taxpayers will pick up the tab."

    I too am disturbed by the rampant copyright violation that occurs on peer-to-peer networks. Enforcement of copyright laws is obviously necessary to put an end to piracy, but first copyright laws must be ammended to make them enforceable. The Electronic Frontier Foundation has a number of thoughtful suggestions on how to modernize online music distribution (3), but I have sadly never heard any of these ideas even mentioned by someone in a position to implement them. Lawmakers, in which I must now include you, seem to prefer the entertainment industry's strategy of enforcement without any mention of reform. Such policies will only yield draconian restrictions that attempt to squeeze the 21st century into a 20th century mold.

    But you, Senator Leahy, did not always feel this way. In 2000 you made the visionary statement, "You can't stop it [file trading]. You couldn't stop it even if you wanted to. What we need to do, I think, is make sure copyrights and patent laws actually reflect the new reality. (4)" Reading such a statement once gave me hope, but in light of the PIRATE Act it only leaves me with a deep sense of betrayal.

    Sincerely,

    Rafael Rosen
    4381 Greenbush Rd
    Charlotte, VT 05445
    (802) 425-2107

    References:

    1) Wired News. Congress Moves to Criminilize P2P. 3/26/2004. http://www.wired.com/news/digiwood/0,1412,6283

    --
    ------- Was it just a coincidence I got moderator points the first time I logged on to /. from linux?
  290. Who modded this insightful? by jotaeleemeese · · Score: 1

    Patriotic fluff...

    If you are consuming a product or service you are a consumer, this is completely independent of your status in regards to the country you mention.

    --
    IANAL but write like a drunk one.
  291. So much rubiish in so few paragraphs! by jotaeleemeese · · Score: 1

    -There is not such thing as "social evolution". People that mix evolution and social sciences understand neither.

    -More efficent this, more efficent that. Define efficent in terms of a society.

    -"Strong flourish, weak fail" : same pseudo evolutionism applied in a field in which it does not apply.

    -"About corporate power? We can do nothing." Oh yes, as people did not do anything about kingdosm (French Revolution), Nation States (I will not elaborate, it would be ludicrous not to assume enybody moderately educated can come with his own examples).

    Regarding corporations there are many things we can do if we don't like the status quo, the most important is become active in matters one is passionate about.

    Stop delegating, start assuming responsibilities. The immense political apathy is the greatest indictment about how much we could do but how little we are prepared to do it.

    --
    IANAL but write like a drunk one.
  292. Little pirate bastards! by eathan13 · · Score: 1

    I wondered why all the kids were wearing eyepatches...

    Arr!!! It's those bloody unscrupulous corporations distributing their piracy machines to children and students, all in an effort to tempt them to engage in copyright piracy and/or pornography distribution.

    Next thing you know they'll start handing out cassette recorders and photo copiers...

  293. Words of wisdom by momerath2003 · · Score: 1

    The hitchhiker's guide to the galaxy says that they will be the first against the wall when the revolution comes.

    --
    I had but a simple dream, to destroy all humans.