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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."

14 of 1,049 comments (clear)

  1. 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 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..."

  2. Something shorter? by LionKimbro · · Score: 4, Funny

    ...you mean, like...

    ALL YOUR BASE ARE BELONG TO US! ..?

    You mean something like that?

  3. 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!
    --
  4. 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.
  5. Yay us! by Spad · · Score: 5, Funny

    Slashdotting the US Senate webserver - that's got to be a new high point for /.

  6. 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

  7. 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.
  8. 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.

  9. 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

  10. 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.
  11. 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
  12. 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
  13. 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).