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Italy Approves Jail for P2P Users

funkdid writes "Italy has made transferring content via the Internet without the permission of the copyright holder a criminal offence.Those found guilty of the unauthorised distribution of copyright material now face a fine of between 154 and 1032 ($185-1240), a jail sentence of between six months and three years, the confiscation of their hardware and software, and the revelation of their misdeeds in Italy's two national newspapers, La Repubblica and Corriere della Sera."

533 comments

  1. Email is copyrighted... by WigginX · · Score: 5, Interesting

    Can I still forward emails to Italy?

    1. Re:Email is copyrighted... by Random+Web+Developer · · Score: 3, Funny

      Maybe we should include footers in the line of "I allow any recipient of this email to forward it without my written conscent".

      --
      Artists against online scams http://www.aa419.org/
    2. Re:Email is copyrighted... by Needanewnick · · Score: 2, Insightful

      Then that is your written concent.?

    3. Re:Email is copyrighted... by Vihai · · Score: 3, Funny

      I am italian and I declare that the content of this post is copyright is not redistributable. Cmdrtaco, I'm waiting for you at the airport along with the police :)

    4. Re:Email is copyrighted... by Anonymous Coward · · Score: 0

      Why are you waiting for the police at the airport? Shouldn't they have come with you?

    5. Re:Email is copyrighted... by Short+Circuit · · Score: 1

      Don't put it in your sig...you'll likely forget and send something confidential. I doubt even lawyer-client confidentiality would hold up in that case.

  2. FP by Anonymous Coward · · Score: 2, Funny

    FP - I guess everyone else is deleting their Shared Folders :)

  3. yes thats right boys and girls by imthatguy · · Score: 0

    listen to britney spears without paying GO DIRECTLY TO JAIL, do not pass go, do not collect 200 dollars

    --
    Did you know you can be apathetic to apathy? Not that I give a shit...
    1. Re:yes thats right boys and girls by TCaptain · · Score: 1

      Well anyone who listens to her should go to jail anyway....

      --
      "I'm not a procrastinator, I'm temporally challenged"
    2. Re:yes thats right boys and girls by joggle · · Score: 1

      I better not turn my radio on then. Didn't want to listen to her anyway.

  4. This seems right at home by Anonymous Coward · · Score: 2, Funny

    From the country that gave us the mafia.

    1. Re:This seems right at home by benna · · Score: 3, Insightful

      Don't be putting down the mafia like that. This is much worse.

      --
      "It is not how things are in the world that is mystical, but that it exists." -Ludwig Wittgenstein
  5. At least the trains will run on time. by turambar386 · · Score: 5, Insightful

    I guess the fascists are back in power these days?

    1. Re:At least the trains will run on time. by Anonymous Coward · · Score: 0

      The fascists have been back in power for years... Berlusconi isn't exactly moderate.

    2. Re:At least the trains will run on time. by Lochin+Rabbar · · Score: 5, Informative

      My aren't you quick on the uptake.

    3. Re:At least the trains will run on time. by j_sp_r · · Score: 2, Interesting

      berlusconi (president of italy) is a strange politician. He's accused of corruption and has called a german politician a nazi or something like that. But he's more fasist I think then anyone in europe

    4. Re:At least the trains will run on time. by Anonymous Coward · · Score: 5, Insightful

      Not the fascists, the capitalists. Silvio Berlusconi, the prime minister of Italy is a huge media mogul! Of course he wants P2P to be illegal.

    5. Re:At least the trains will run on time. by Federico'Pain'Piston · · Score: 1

      I wouldn't say fascist, but for sure, this line of government CAN NOT continue, as I disagree completely with its decisions.

      This is a step backwards for the future in my opinion, instead of putting in jail those who deserv it, we condamn a normal user listening to some music instead of businnessman and politicians who stole billions of ? in the last years....

    6. Re:At least the trains will run on time. by Anonymous Coward · · Score: 0

      he also said Mussolini never killed anybody. no joke.

    7. Re:At least the trains will run on time. by turambar386 · · Score: 1

      Yeah, I guess I'm just not as up to date on the Italian political landscape as I should be. I'll try to do better in the future.

    8. Re:At least the trains will run on time. by Anonymous Coward · · Score: 0

      where have you been. they have never left power.

    9. Re:At least the trains will run on time. by inertia187 · · Score: 1

      Good thing we in the States still have our God given right to Jury Nullification. Remember, if the government creates a law that don't fit, we just acquit!

      --
      A programmer is a machine for converting coffee into code.
    10. Re:At least the trains will run on time. by LaCosaNostradamus · · Score: 4, Insightful

      Fascists? Why yes, yes they are. They're called Corporations. Of course, they need to assume the mantle of government to get the full effect of socioeconomic fascism.

      Somewhere in Italy, the concept of "the punishment should fit the crime" just took a dump.

      --
      [You have a stable society when some nut guns down a schoolyard and the law doesn't change.]
    11. Re:At least the trains will run on time. by AsparagusChallenge · · Score: 3, Informative

      president of italy

      Prime minister please.

      He's accused of corruption and has called a german politician a nazi or something like that. But he's more fasist I think then anyone in europe

      Not just that; he's quite the media mogul:

      1974: Telemilano
      1980: Canale 5
      1983: Italia 1
      1984: Rete 4
      1985: (movie theater chain), Milan AC soccer club
      1990: publishing conglomerate Arnoldo Mondadori Editore S.p.A

      Source: http://www.museum.tv/archives/etv/B/htmlB/berlusco nis/berlusconis.htm

      Tyrannical media control law? Just do the math.

    12. Re:At least the trains will run on time. by Anonymous Coward · · Score: 0

      People have been arrested/harrased for exersizing their right to jury nullification, even just informing people of it. This is all in the USA.

      About 18 months ago, armed with a number of pamphlets explaining the importance to each of us in having the courts fully inform juries of their rights, I stood in the Mendocino County Courthouse. I had been talking about this issue, with courthouse visitors when I was "invited" into Judge James Luther's courtroom by two of his bailiffs. Judge Luther, showed me how in general our courts have eroded. I was told to stop talking to my fellow citizens about their constitutional rights. Their right to understand a jury's role in the court procedure. I was told to stop or be arrested for jury tampering.

      http://www.greenmac.com/eagle/ISSUES/ISSUE23-9/0 7J uryNullification.html

      I was investigated and charged with contempt of court in July 1996, based on evidence of "improper" arguments I made in the jury room about jury nullification.

      http://www.constitution.org/jury/pj/7913_bdc.htm

    13. Re:At least the trains will run on time. by Anonymous Coward · · Score: 0

      He's the richest man around here. He's a helluva of an enterpeurner but a sad clown of a politician.

      The comment was on the lines of "[the German Prime Minister] could interpret a nazi concentration camp guard in a historical film an italian director is making"

      Oh, BTW, he's not "the president", he's the Head of Government (aka Prime Minister).

    14. Re:At least the trains will run on time. by nwbvt · · Score: 1
      Thats it, equate a democratic government protecting property rights with fascism. I'm sure all those who died in the Holocaust are thankful for you honoring their memory.

      On the other hand, this is a good indication of how prosperous our lives these days. Instead of worrying about being killed in a concentration camp so your race can be ethnically cleansed, we are worried about not being able to get a free copy of a Brittney Spears song.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    15. Re:At least the trains will run on time. by Lochin+Rabbar · · Score: 2, Interesting

      You're right that you're not as up to date on Italian politics as you should be, but I can assure you that I don't wake up in the morning thinking I wonder what's happening in Italy today. I am however fortunate that my sources of news are such that big stories like Berlusconi's fascist tendencies and links are unlikely to pass me by. If I were you I'd be asking myself how come nobody told me about this, after all it's through control of the media that Berlusconi has been able to assume power in Italy.

    16. Re:At least the trains will run on time. by Saeed+al-Sahaf · · Score: 0, Troll
      No, not at all. It's just that some people believe when you steal something, you should expect some jait time.

      If you can't do the time...

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    17. Re:At least the trains will run on time. by Anonymous Coward · · Score: 1, Interesting

      You forget what the father of fascism said about it:

      "Fascism should more properly be called corporatism because it is the merger of state and corporate power."
      - Benito Mussolini

      Benito would say that you are both right.

    18. Re:At least the trains will run on time. by Anonymous Coward · · Score: 0

      Don't worry about it, quite a few people were taken by surprise by the rise of fascism last time round too. Or maybe do worry about it.

    19. Re:At least the trains will run on time. by bockman · · Score: 1
      Uhm, no, not really ...

      Take it from an italian that never voted for Berlusconi an never will: the article you linked is quite approximative, and arrogantly so.

      The political party of Mr. Fini (which also is not one of my favorite politicians) has made a long way from its facist inheritance and it is now simply a very right-wind but democratic party, like there are in many EU countries and elsewhere. This was not without 'pain', sice this caused its most extremist supporters to leave it and create one even more right-wind and still slightly facist (lead by Musolini's grand-daughter).
      Italian politics is quite complex (often uselessy so); simplifying it like the liked article do lead to grossolane mistakes.

      --
      Ciao

      ----

      FB

    20. Re:At least the trains will run on time. by Catbeller · · Score: 4, Interesting

      Thats it, equate a democratic government protecting property rights with fascism. I'm sure all those who died in the Holocaust are thankful for you honoring their memory.

      The Nazis were elected to office in a nice democratic fashion. Hitler was a democratically selected protector of property rights. For select people.

      Fascism is not the opposite of democracy. Fascism ARISES from democracies. For the keystone of any really successful fascist takeover is the mainstream support of the majority of the population.

      Fascism: popular leader. fingering of the Enemy. State support of corporate power -- that's Mussolini's definition, by the way. Militarism (war porn). Dismissal or suppression of dissent -- especially when the suppression comes from the majority of the people themselves.

      This definition of fascism contrasts with dictatorship, which is imposed with or without the consent of the governed. Fascism is popular support of a suppressive government.

      On the other hand, this is a good indication of how prosperous our lives these days. Instead of worrying about being killed in a concentration camp so your race can be ethnically cleansed, we are worried about not being able to get a free copy of a Brittney Spears song.

      Or reading the Secret Scriptures of a highly corrupt corporate/religious cult. All you have do do after declaring copyright violations a federal crime is simply change the definition of what a copyright IS, and then you can control what people can and cannot read, forever. For instance, simply redefine copyright terms as unlimited. Ooops -- already done.

      The concept of copyright was a compromise. In exchange for the ownership of the right to copy, the owners have to give up the copyright after a brief period so that the work could enrich the commons.

      That deal is broken. Now we simply have corporations owning blocks of human endeavor for all time, never giving it up, trading the knowledge and lore of humanity like blocks of downtown real estate.

      This is not what copyright was meant for. This new corporate power grab spells the end of the line for human arts, since every new work is in some way linked to something done before.

    21. Re:At least the trains will run on time. by Saeed+al-Sahaf · · Score: 1

      Oh of course it's a troll. Theft should be legal, and beer should be free. Forgot.

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    22. Re:At least the trains will run on time. by nwbvt · · Score: 1
      Your little rant aside, here is the real dictionary definition of Fascism:
      fascism n. 1. often Fascism 1. A system of government marked by centralization of authority under a dictator, stringent socioeconomic controls, suppression of the opposition through terror and censorship, and typically a policy of belligerent nationalism and racism. 2. A political philosophy or movement based on or advocating such a system of government. 2. Oppressive, dictatorial control.
      In short, yes fascism is by definition a dictatorship, and is the opposite of democracy (which is by definition government by the people, not by a centralized dictator).

      "This definition of fascism contrasts with dictatorship, which is imposed with or without the consent of the governed."

      The term 'dictator' refers to how the power is used, not how it originally came about. There are free dictionaries all over the web.

      "Or reading the Secret Scriptures of a highly corrupt corporate/religious cult."

      So can I take that you are against any law protecting privacy? After all, any law protecting privacy could do the exact same thing, only then they wouldn't have to worry about fair use (which actually blows a hole through your entire argument itself).

      Many of us think privacy can be a good thing. But I guess you are entitled to your opinion as well.

      "For instance, simply redefine copyright terms as unlimited."

      Nope, they are very limited.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    23. Re:At least the trains will run on time. by Colonel+Cholling · · Score: 1

      The Nazis were elected to office in a nice democratic fashion.

      No. Hitler was appointed Chancellor by von Hindenburg (after his Brownshirts ran a terrorist campaign to eliminate his political opponents). Then, following the convenient burning down of the Reichstag, he declared a state of emergency and replaced the elected Parliament with his personal appointees. There was nothing "democratic" about the rise of National Socialism in Germany.

      --

      I am Sartre of the Borg. Existence is futile.
    24. Re:At least the trains will run on time. by Anonymous Coward · · Score: 0

      Yeah, America has been in charge of things for a while now...

    25. Re:At least the trains will run on time. by horza · · Score: 1

      Berlusconi didn't actually call the German politician a Nazi, he compared him to a Nazi prison commander in a poor taste joke. He has a complete stranglehold on the media, which he uses to his own political ends. He was facing corruption charges but passed a law that exempted himself from any form of criminal charges.

      Phillip.

    26. Re:At least the trains will run on time. by Anonymous Coward · · Score: 0

      Add:
      * BlockBuster
      * Medusa Film
      * Publitalia (http://www.rti.it/)
      And many, many other like:
      http://www.consumoresponsabile.it/interessi/elenco _globale.php

    27. Re:At least the trains will run on time. by Anonymous Coward · · Score: 0

      The concept of copyright was a compromise. In exchange for the ownership of the right to copy, the owners have to give up the copyright after a brief period so that the work could enrich the commons.

      That deal is broken. Now we simply have corporations owning blocks of human endeavor for all time, never giving it up, trading the knowledge and lore of humanity like blocks of downtown real estate.



      Strange that nobody mentions sheet music in any of these posts. This is one of the biggest ripoffs going. Here in the U.S. you want to buy a 5 page copy of a Bach piece, you can end up paying $24.95 for something written hundreds of years ago! Turns out that the rights are owned by some obscure music publisher - usually in Europe - that copyrights what is essentially in the public domain. On top of that, it is almost imposssible to buy Classical Guitar music that has annotation in English. Now I'm willing to pay for music, but the price should be reasonable, not inflated just because there isn't huge demand from the general public.
      Besides, one needs a certain amount of talent to be able to actually perform the music you pay an inflated price for. Of course when you get into the realm of paid performance, any contemporary works; i.e. not in the public domain, are subject to additional copyright. So you end up needing a performance copyright paid in royalties, sometimes to the composer's estate, thanks to the Sonny Bono copyright extension act. In fact, ASCAP and BMI send sleuths to various bars, nightclubs, etc., to make sure bands pay royalties for any cover songs they are being paid to perform. If you perform for free, this is royalty free.

      I guess where I am going with this is that the previous poster mentions the compromise of copyright, yet the restriction placed on public domain works by the publisher many years later is obscene. If I pay my inflated price for a piece of guitar music, why can't I freely copy it? Mr. Music Publisher was paid a more than fair price, so now the physical piece of music should be mine to do with as I please. The problem is more clear when you consider marching band or orchestral music. Buy the score and parts for Beethoven's 5th symphony, and you must buy a separate set of first violin for each individual. Buying a master set for hundreds of dollars and making copies is illegal! I doubt old Lugwig would have any problem with it, but the publishing houses would have a fit.

      Another case is the situation where Michael Jackson owned all of Paul McCartney's music, so McCartney had to pay royalties to perform his own music. Where was the creative artist's talent being protected here? I think the entire intent of copyright has become perverted by the forces of greed.

    28. Re:At least the trains will run on time. by ratamacue · · Score: 2, Interesting
      Capitalism implies the lack of government (force) in the market, not the presence of it. When government is entangled in the market, tilting the scales in favor of special interests, it's not capitalism! There may be elements of capitalism present, but it is just plain wrong to label any society where government is heavily entangled in the market as "capitalist". Government is force. Force is the exact opposite of voluntary association, which is the core principle of capitalism.

      Contrary to popular belief, capitalism does not require profit; it requires only voluntary association. Profit, or the creation of wealth, is a desirable outcome of capitalism, not the core concept. The core concept is simply freedom -- the freedom to operate on the principle of voluntary association and mutual benefit (trade).

    29. Re:At least the trains will run on time. by sonamchauhan · · Score: 1

      > Contrary to popular belief, capitalism does not require profit; it requires only
      > voluntary association...The core concept is simply freedom

      Then call it by it's proper name -- call it "freedom", not "capitalism".

      Otherwise you are just confusing the two concepts.

      Unbridled freedom, unbridled capitalism, unbridled socialism -- each of these, with no restrictions applied, gives rise to preversities.

      To illustrate: You know of anyone in the market for a nuke recently?

      Government is a tool that can be used for good, or for evil. However governments ARE necessary for our protection.

  6. Which is worse? by FortKnox · · Score: 1

    Not testing before making production changes, or jailing P2P users??

    --
    Good quote, too many chars. Seriously, the slashdot 120 char limit sucks!
    1. Re:Which is worse? by Anonymous Coward · · Score: 0

      Not testing .. You know untested code can cause trains to crash.

    2. Re:Which is worse? by Anonymous Coward · · Score: 0

      So the real question is:
      Which is worse? Letting trains crash or jailing P2P users?

      []

    3. Re:Which is worse? by Anonymous Coward · · Score: 0

      What the fuck are you talking about?

  7. Italian law? by GrouchoMarx · · Score: 2, Interesting

    Perhaps someone can explain to this ignorant American exactly how the government can use publication in a newspaper as a punishment for a crime (whatever the crime may be). At least here in the US, we at least pretend to have freedom of the press.

    --

    --GrouchoMarx
    Card-carrying member of the EFF, FSF, and ACLU. Are you?

    1. Re:Italian law? by turambar386 · · Score: 1

      The government can buy ad space in the papers?

    2. Re:Italian law? by EsbenMoseHansen · · Score: 1

      you can buy a bit of space in a publication for your own message. This is what we in europe call ad-ver-ti-cing ;-

      --
      Religion is regarded by the common people as true, by the wise as false, and by rulers as useful.
    3. Re:Italian law? by Anonymous Coward · · Score: 0

      Freedom of press? When the First Minister owns the majority of the media and still is complaining they are all against him?

    4. Re:Italian law? by nacturation · · Score: 1

      Perhaps someone can explain to this ignorant American exactly how the government can use publication in a newspaper as a punishment for a crime (whatever the crime may be). At least here in the US, we at least pretend to have freedom of the press.

      Perhaps the Italian papers are simply accepting a paid classified ad, similar to an obituary notice. When someone changes their name, aren't they also required to publish this in a local paper in the US?

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    5. Re:Italian law? by Anonymous Coward · · Score: 0

      I guess you've never seen the lists of repeat DWI offenders listed in the newspapers.

    6. Re:Italian law? by Anonymous Coward · · Score: 0

      Can you read Italian?

      Didn't think so.

    7. Re:Italian law? by blueZhift · · Score: 1

      Well actually some local governments in the US have been known to publish offenders names in the local newspapers. I think Naperville IL publishes the names of people arrested for DUIs in one of the local papers. I don't think the papers are compelled to carry this, but to them it's just more ad money.

    8. Re:Italian law? by Anonymous Coward · · Score: 1, Interesting

      Well, think about it from this perspective --

      Every year, there are people who are charged with crimes that they didn't actually commit. However, their names are splashed around newspapers and people begin to know them as "the person who did [insert crime]." So, even if they are found innocent, they will never TRULY be innocent in the public's eyes.

      Carry this over to what's going on in Italy. If you are caught for theft of copyrighted works, your boss, your friends/family -- everybody will see what you have done. This will bring disgrace upon everybody you are associated with. (Not everybody is as forgving for P2P acts as Slashdotters are.) This may result in a loss of your job/friends/whatever. That...is bad.

      Also, a good exmaple about what I discussed above can be found in one of the short stories in Frederick Forsyth's book, No Comebacks. (Yeah, same guy who wrote "Day of the Jackal")

    9. Re:Italian law? by SpaFF · · Score: 1

      I imagine this would be much like the "crime report" section of American papers, but would list the person's name also. I guess it's meant to shame the person.

      --
      -----BEGIN GEEK CODE BLOCK----- Version: 3.12 GIT d? s: a-- C++++ UL++++ P++ L+++ E- W++ N o-- K- w--- O- M+ V PS+ P
    10. Re:Italian law? by Seth+Finklestein · · Score: 2, Informative

      I spent about 25 years practising law in Italy, so I feel that I am uniquely qualified to answer this question.

      Italy also has a notion of freedom of the press, although they call it "illa libertario della prensa." However, there is also something called the "obligation of the press" (illa obligadrio della prensa) in which all nationally-sanctioned newspapers are required to print certain materials. Much like legal notices and novenas in American newspapers, the Italian government has the power to influence the press. All of these announcements are clearly labeled and are almost never mentioned in the newspaper itself, but of course this P2P issue will easily become a page 1 news story of its own.

      I welcome any other questions that you have about the Italian press.

      Sincerely,
      Seth Finklestein
      Il Duche Della Cybersecuridata

      --
      I'm not Seth Finkelstein. I still speak the truth.
    11. Re:Italian law? by Rude+Turnip · · Score: 2, Informative

      At least one of the local papers here in NJ publish the names and street name of residence of guys who have been busted for picking up hookers. You think that wouldn't be punishment?

    12. Re:Italian law? by mr_mischief · · Score: 1

      The same way the state of Illinois, among others, use publication as a punishment.

      The state of Illinois puts on its websites registered sex offenders, deadbeat parents who refuse to pay child support, and probably other offenders in the future. It helps the public protect themselves in the one case and uses humiliation as a deterrent in the other.

      It's not an amazing stretch that even in private newspapers ad space could be purchased or that this would be reported as news or public service. With government-run media, it'd be even easier.

      I didn't read closely enough to tell if these Italian papers mentioned are run by the government, but that wouldn't be unusual in much of the world.

    13. Re:Italian law? by PsychoFurryEwok · · Score: 1

      There are some local news channels that used to actually post the mugshots of men who were caught soliciting prostitution. It was interesting how quickly prostitution went down after that. No one wants their wife to see them on public access tv. :)

    14. Re:Italian law? by dabraun · · Score: 1

      Required to publish a name change in a newspaper? Newspapers are private entities - no law requires you to put anything in a newspaper - sounds pretty silly to me.

      Besides, as far as I am concerned paper newspapers and magazines are dead ...

      David

    15. Re:Italian law? by Lemmy+Caution · · Score: 2, Informative

      There are a number of things that must be published in the public record, almost always a newspaper. Fictitious name statements for businesses being the most common one.

      You're pretty naive, you know that?

    16. Re:Italian law? by Ryosen · · Score: 1

      >>You think that wouldn't be punishment?

      At the very least, it'll make it easier for the hookers to find their way.

      --

      Ryosen
      One man's "Troll, +1" is another man's "Insightful, +1".
    17. Re:Italian law? by sploxx · · Score: 1

      > The government can buy ad space in the papers?
      Whatever, this is called pillory and comes straight out of the middle ages!

      And this for ***P2P***. Unbelievable.

    18. Re:Italian law? by Anonymous Coward · · Score: 0

      you're joking right? "illa libertario della prensa" is not italian. You can trust me, I live in Italy.

    19. Re:Italian law? by SoTuA · · Score: 1
      In this country, no law is valid until it is published in "El Diario Oficial" (the official newspaper).

      Once it's been published in El Diario Oficial, nobody can plead ignorance.

    20. Re:Italian law? by edalytical · · Score: 1

      I can confirm this the Mountain Democrat in my old town Placerville, CA does this. One of my cousins was featured in it for selling drugs.

      --
      Win a signed Stephen Carpenter ESP Guitar from the Deftones: http://def-tag.com/?r=0008781
    21. Re:Italian law? by turambar386 · · Score: 1

      I don't disagree with you, but mediaeval or not, it happens everywhere. Plenty of juristictions including in the USA publish the names of sex offenders, for instance.

    22. Re:Italian law? by Li0n · · Score: 1

      shame

      --

      ~
      ~
      :wq
    23. Re:Italian law? by Anonymous Coward · · Score: 0

      Yeah, look at his signature: "Il Duche Della Cybersecuridata" is a joke. It should read "Il Duce della ..."

    24. Re:Italian law? by M.+Baranczak · · Score: 1

      A lot of small town newspapers in the US publish a short column of who was arrested last night and for what. (Not in the big cities, though - there wouldn't be enough room.) They're definitely not required to do it - it's just a part of reporting the local news.

      Arrest records SHOULD be public information; otherwise the cops can just make you disappear with no paper trail showing where you went.

    25. Re:Italian law? by SlamMan · · Score: 1, Funny

      As punishment, or was that an advertisement?

      --
      Mod point free since 2001
    26. Re:Italian law? by edalytical · · Score: 1

      As far as I know it wasn't an advertisement, more likely some kind of deal between the paper and the county. The column in which the paper runs the names of people going to jail looks like a regular column. I think it's more a form of mild public humiliation. So I'm leaning more towards punishment. Though, the official justification may be entirely different.

      --
      Win a signed Stephen Carpenter ESP Guitar from the Deftones: http://def-tag.com/?r=0008781
    27. Re:Italian law? by Anonymous Coward · · Score: 0

      Yeeeah. Check this guy's posting history. Honestly, he couldn't even be bothered to find out what the Italian is for "the"!

    28. Re:Italian law? by timmyf2371 · · Score: 1
      The government can buy ad space in the papers?

      Sergio Bersculoni, the Italian Prime Minister owns the papers.

      --

      Backup not found: (A)bort (R)etry (P)anic
    29. Re:Italian law? by guiscard · · Score: 1



      Silvio

    30. Re:Italian law? by Newtype+Rouge · · Score: 1

      I wouldn't want to sound a party pooper, but how comes that after 25 years in Italy you're still messing up Italian with Portuguese, Spanish, ancient Latin and made-up words? NR (who spent 35 years entirely within Italian borders but still knows how to spell a foreign language)

    31. Re:Italian law? by lwsimon · · Score: 1

      While similar it is a bit diferent. The crimes are of a VERY different nature, and sex offenders are not published in a newspaper, you actually have to seek out the lists.

      --
      Learn about Photography Basics.
    32. Re:Italian law? by Rick+Zeman · · Score: 1

      Whatever, this is called pillory and comes straight out of the middle ages!

      Hey, great idea! Maybe bring back stocks in the public square for the P2P offenders.

    33. Re:Italian law? by della · · Score: 1

      We are not spanish! It's called "La gazzetta ufficiale" :-)

      --
      -- Matteo
    34. Re:Italian law? by SoTuA · · Score: 1

      I'm not spanish either, and in my country (Chile) it's "el diario oficial" :D

    35. Re:Italian law? by della · · Score: 1

      Well, ok. You understood me, Italian and spanish are similar languages, but they're still different. :-)

      --
      -- Matteo
    36. Re:Italian law? by dabraun · · Score: 1

      The 'Public Record' is maintained (in the US) by your state, town, or county. It is not a newspaper.

      Marriages, Births, Name changes, even real estate property purchases are all on 'public record.' Anyone who wants to can go down to the clerks office and get any info on public record. Some of this info is available online in some places - for example - all real estate transaction info is available in Washington's King County (Seattle).

      However, none of this is published in any newspaper. If you want a marriage published in a newspaper you need to ask them (and possibly pay them.)

  8. Italian bootlegs by Vic · · Score: 5, Interesting

    It's interesting that this would happen in Italy. From my understanding (I'm not an expert in this), Italy has had very relaxed laws about bootlegged music, especially live recordings. That's why so many concert CDs come from Italy.

    Anyone care to comment on this or clear it up?

    Cheers,
    Vic

    1. Re:Italian bootlegs by Anonymous Coward · · Score: 5, Informative

      Italy's prime minister is a high up executive of one of their major media conglomerates. Its a major conflict of interest. I believe the company has dealings with both music and owns the newspapers as well as some national television stations.

    2. Re:Italian bootlegs by DrEldarion · · Score: 1

      It could be simple enough as the recording industry finally lobbying enough to get the law passed. Just because they've been relaxed in the past doesn't mean they have to in the future.

    3. Re:Italian bootlegs by michael+path · · Score: 4, Interesting

      Kiss the Stone was there for quite a while at http://www.kts.it and http://www.kissthestone.com. They were a prominant live CD seller because the way things worked was they could have shows recorded, and sell the recording IF they allocated money for the artist featured in the recording (I believe through an escrow account). IF the money went uncollected after XX length, they could keep it. This would put the responsibility on the artist to collect the money.

      They took advantage of this to make money both through recordings and artists failing to collect.

      My understanding is that the US threatened their operations, maybe the RIAA via proxy, and they ceased for that reason.

      I know the full story is out there, as my friend dealt with them often. I'll post more once I know more.

    4. Re:Italian bootlegs by Anonymous Coward · · Score: 1, Informative

      To be more exact...

      Berlusconi Background

    5. Re:Italian bootlegs by IANAAC · · Score: 1
      In Italy the people's mentality is certainly relaxed as far as music goes. I just fired up Limewire and did a couple of searchs for Italian pop singers (L.Pausini and Nek). LOTS of music out there from italian machines (well, it looks that way when you traceroute the IP addresses).

      Until people start getting arrested and fined/jailed, I don't think anything is going to change.

    6. Re:Italian bootlegs by spamhog · · Score: 3, Insightful

      This country is used to monumentally bad laws.

      I am not talking just abour principle: it's the logic that just fails victim to ignorance, superficiality, and sloppiness. It gets worse if you add Catholic and Marxist ideological fixations.

      Plus, we have about 120,000 laws on the books - Germany has about 5,000. The result is a quagmire, with lots of laws not being enforced until someone in the judiciary, in some police force, or an enterprising lawyer for some slighted private interest wakes up one morning in the rigth mood.

      According to the new decree, if a piece of freely distributable material, dl'ed from any server anywhere, is copyrighted but not accompanied by an authorization to download, you are in techical violation.

      So, a copyrighted and GPL'ed piece of software is OK, but not if the GPL is not included.

      On the other hand, for a violation to arise, two other confusingly described conditions are needed:
      act must be carried out:

      * for "non-personal use" of the material

      * to obtain profit (intent, not result)

      So, technically,

      -if you dl a piece of GPL'ed software without the GPL, or a freely distributable proprietary SW without a notice allowing you to do so, AND you do so because you need it for work, it may be a violation

      - if you get a GPL-less copy of nmap with the intent to crack something, but not to gain from it, it's legal.

      It usually takes several years before the courts and the various ministries involved unravel the mess.

    7. Re:Italian bootlegs by nwbvt · · Score: 1
      "So, a copyrighted and GPL'ed piece of software is OK, but not if the GPL is not included."

      Isn't that a violation of the GPL itself?

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    8. Re:Italian bootlegs by Anonymous Coward · · Score: 1, Informative

      Wake up, Berlusconi or not, this could happen to any italian government. This comes after years of nonsense legalizing of the SIAE's (Italian Society of Authors and Editors, sorta a RIAA+MPAA of all the copyright sphere) every silly wish.

      Just an example: the Alpine corps (Alpini) are famous not only for beign elite corps, also for keeping an orchestra and chorus that interprets the Italian anthem at chosen events. Well, they are now forced to PAY THE SIAE for the right of "public performance" of the national anthem!!!

      Read some here (italian)

      and here (also italian)

      or google for "alpini inno siae"

    9. Re:Italian bootlegs by Anonymous Coward · · Score: 0

      As an italian an a proud user of p2p software, I wonder: will there be enough space in jail for all the thousands of us?

    10. Re:Italian bootlegs by Anonymous Coward · · Score: 0
      Not if you already have a copy of the GPL or the software includes the standard notice telling you where to get one from.
      You should have received a copy of the GNU General Public License
      along with this program; if not, write to the Free Software
      Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
    11. Re:Italian bootlegs by nwbvt · · Score: 1

      Well the distributed can't know if you already have the GPL so they would have to distribute it with it, and I would think the standard notice would count.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    12. Re:Italian bootlegs by ErpLand · · Score: 0, Redundant

      High up executive?

      Erm ... he's the richest man in Italy and owns most of their media conglomerates.

      More information about Silvio Berlusconi

    13. Re:Italian bootlegs by Talking+Toaster · · Score: 1

      At a local record store they refer to bootlegs as "Italian Imports."

      For instance, suppose you are looking through the Dead Can Dance CDs, it will have a note on the divider to 'ask at the counter for "Italian Imports" for more CDs.'

      --
      Howdy Doodly Doo!
      Anybody want some Toast?
  9. I think it wrong to illegally copy... by EsbenMoseHansen · · Score: 5, Insightful

    .. but this is insane by any standard. Only the most extreme economic offenses should be punishable by imprisonment. Fines and compensation can do for the rest.

    --
    Religion is regarded by the common people as true, by the wise as false, and by rulers as useful.
    1. Re:I think it wrong to illegally copy... by hondo77 · · Score: 1

      Only the most extreme economic offenses should be punishable by imprisonment.

      Does this mean we can't send spammers to jail?

      --
      I live ze unknown. I love ze unknown. I am ze unknown.
    2. Re:I think it wrong to illegally copy... by Anonymous Coward · · Score: 0

      > Only the most extreme economic offenses should be punishable by imprisonment.

      No. These days "the most extreme economic offences" in Italy are punished with the appointment as Prime Minister.

      An Italian AC (you never know)

  10. RIAA Attacks Single Mom by Etcetera · · Score: 2, Interesting


    (Linked via the Drudge Report -- hopefully more articles like this will further add to the drumbeat of realization... by the public at large):

    Single mom overwhelmed by recording industry suit

    1. Re:RIAA Attacks Single Mom by Mick+Ohrberg · · Score: 0

      Reading stories like that makes you sick to your stomach. Blech!

      --

      Quidquid latine dictum sit, altum sonatur.

    2. Re:RIAA Attacks Single Mom by Greedo · · Score: 5, Interesting
      Here's a quote from that article (emphasis added):
      The record companies follow the songs when they're downloaded onto computers, and they also note how many copyrighted songs are stored on that computer's hard drive memory, because those songs are often "uploaded" or shared with others through the file-sharing service.
      How, exactly does one "follow the songs" once they're downloaded? The only thing that comes to mind is that the RIAA must be offering the files for download. Then, when little Cassandra downloads the song, the RIAA has her IP, and can browse what she has on offer.

      IANAL, but isn't that a form of entrapment? And isn't that ... uh, like ... bad? Especially if you are entrapping a minor?

      --
      Tuus crepidae innexilis sunt.
    3. Re:RIAA Attacks Single Mom by Enigma_Man · · Score: 1

      Reading replies like that makes _me_ sick to my stomach.

      Oh officer, I am a poor poor mother of one. I didn't know it was illegal to speed down this road, I am so very sorry. Can I not pay the fine now?

      This isn't a troll, it's exactly how I feel.

      -Jesse

      --
      Nothing says "unprofessional job" like wrinkles in your duct tape.
    4. Re:RIAA Attacks Single Mom by Anonymous Coward · · Score: 0

      It's only entrapment if law enforcement does it. If a corporation does it, it's good for business.

    5. Re:RIAA Attacks Single Mom by Anonymous Coward · · Score: 0

      If this is how you feel, then you're an insensitive bastard. You know, there's a reason why a progressive country like Finland ties the amount to be paid for a ticket to the income. Hope you'll be modded down into oblivion. You make me sick

    6. Re:RIAA Attacks Single Mom by Mick+Ohrberg · · Score: 1

      I would argue that there's a slight difference between driving faster than the posted speed limit and having a teenage daughter who just does what all her friends do and simply don't know any better. You know better than to speed, or drive drunk (at least if you are the legal driving age), but how many in the general populus understand IP law...and really care? They just see that a CD costs $15 or more, and "...my friend Betty told me of a way I can get music for free, and why should I have less opportunity to listen to music just because I don't have a mom who makes $60k+/year and can afford to buy CD's?"

      --

      Quidquid latine dictum sit, altum sonatur.

    7. Re:RIAA Attacks Single Mom by Jane_Dozey · · Score: 1

      If the RIAA is offering the files doesn't that mean they're distributing them? Couldn't you argue in court that the RIAA gave you the music, free of charge, and with full knowledge of what they were doing?

      --
      Silly rabbit
    8. Re:RIAA Attacks Single Mom by liquidsin · · Score: 4, Insightful

      Well it sure does come off like a troll. How about you try "My 14 yr old didn't know that was illegal since all of her friends do it too, but since what you're asking for is only ALL OF THE MONEY I'LL MAKE IN THE NEXT 22 YEARS, will you take cash?" How the FUCK can they claim that a few pop songs have done damages to them of over HALF A FUCKING MILLION DOLLARS? This is beyond gross stupidity. Either pay us your next two months worth of salary or we'll take you to court for half a million, and good luck with the lawyer bills. As for your bad analogy, when's the last time YOU got a half a million dollar speeding ticket? You never have? Do you suppose that's because the punishment is supposed to fit the crime?

      --
      do not read this line twice.
    9. Re:RIAA Attacks Single Mom by psoriac · · Score: 1

      IANAL, but isn't that a form of entrapment? And isn't that ... uh, like ... bad? Especially if you are entrapping a minor?

      IANALE, but entrapment is not illegal. Coersion is. An undercover police officer can offer to sell you drugs, and arrest you if you accept and hand him money... even if you are a minor. You can choose to say no and walk away. What he cannot do is threaten to beat you up unless you buy them.

      --
      I browse Slashdot at +3, Funny
    10. Re:RIAA Attacks Single Mom by Anonymous Coward · · Score: 0

      Coercion is illegal. Coersion is not a word. :)

    11. Re:RIAA Attacks Single Mom by taped2thedesk · · Score: 1
      The only thing that comes to mind is that the RIAA must be offering the files for download.

      Wouldn't that also mean that they (RIAA) were actively offering these files for free download, and thus freely giving up their rights to the file/song (assuming you actually download it from them and not someone else)? It's one thing if you download it from a third party, it's another if the copyright holder is offering it for download (whether or not you know it's them)

    12. Re:RIAA Attacks Single Mom by warrax_666 · · Score: 1
      DISLCAIMER: IANAL.

      ... but entrapment is not illegal.

      Correct, but entrapping someone is a surefire way to secure an acquittal.
      An undercover police officer can offer to sell you drugs, and arrest you if you accept and hand him...

      This is entrapment if you would never have attempted to buy the drugs in the first place without the police officer offering them (i.e. they are actually indirectly causing you to commit the crime when you would not have committed said crime under normal circumstances). Whether or not this is the case is a judgement call on the part of the judge/jury, but in cases of clear entrapment (for instance a PO calling you out of the blue, offering drugs for sale) the case would immediately be thrown out of court.
      --
      HAND.
    13. Re:RIAA Attacks Single Mom by Anonymous Coward · · Score: 0

      only on that one file, not necessarily others she dl'd on her own.

    14. Re:RIAA Attacks Single Mom by Anonymous Coward · · Score: 0

      Yeah, because socialists want to pull everyone down to the lowest common denominator, that's why they fine successful people more than the average vodka swilling schmuck. Plus, on average, there are more middle to lower class people than rich people. It makes sense to pander to the majority in an attempt to draw the lines in a "Us versus Them" battle.

    15. Re:RIAA Attacks Single Mom by HPNpilot · · Score: 1

      I believe "entrapment" is only when you induce someone to do something they normally wouldn't do. So by a user searching for a file and them providing it, there is no entrapment as the person was already attempting to do the "illegal" action.

      When these suits do not eliminate file sharing, the RIAA will buy stiffer and stiffer laws from congress. Eventually there will be jail time for any use whatsoever of file sharing and ISPs will be required to report any such use.

      A question for history buffs: Has there ever been a case where an industry has so aggressively gone after their own customers? (I mean *real* companies, so exclude SCO)

    16. Re:RIAA Attacks Single Mom by PaK_Phoenix · · Score: 1

      If the RIAA, or a duly authorized agent of theirs, were to offer files, on a P2P network, there could be no resulting lawsuit. The reason being is that the RIAA, or duly appointed agent, is the one authorized to distribute the content, in whatever manner they see fit. They cannot give it to you, and then sue you for having it. It wouldn't be entrapment, it would be a corporate gift, and a nice one at that.

      --
      This space intentionally left blank.
    17. Re:RIAA Attacks Single Mom by Rydain · · Score: 1
      Agreed. It's also worth mentioning that you can't get a driver's license without knowing what a speed limit is (and you've probably known about them for quite a while beforehand thanks to the myriad SPEED LIMIT signs set along roads all over the place). In Pennsylvania, you'll fail your driving test if you break a speed limit, and I'd think that other states would have the same policy. Meanwhile, I've never heard of a person having to demonstrate an understanding of copyright law in order to get Internet access. There isn't a standard handbook of IP law that gets passed out to new ISP account holders. You don't see lots of signs explaining copyright laws popping up in any sort of application that you might be able to use to violate them. (Various entertainment industries have created ad campaigns to attempt to educate people, but that's not analogous to the speed limit signs and driver's exams because the ads are uncommon, and you're not forced to watch them while you're online.)

      Furthermore, IP law can be very confusing to people who never learned its finer points. They're aware that they can listen to music on the radio and borrow CD's from the library as much as they want and never pay a cent for the privilege. They have no idea that radio stations and libraries must pay for the privilege of sharing music in such a fashion, so they don't understand why downloading the same music from a P2P network is any different, and they might not learn until they get in trouble for it. One of the defendants in the first wave of RIAA lawsuits thought that purchasing Kazaa gave her legal access to the music on that network. This seems to be a pretty clear indication that she thought of Kazaa as a newfangled sort of radio.

    18. Re:RIAA Attacks Single Mom by pjt33 · · Score: 1

      If you didn't know that the person offering it for download had the right to distribute it, you're making a copy without a licence, and thus violating any copyright inherent in the work.

    19. Re:RIAA Attacks Single Mom by Enigma_Man · · Score: 1

      They settle out of court for a reasonable amount... What's the problem with that. If you don't know that pirating music is illegal, than you are dumber than a rock, and deserve to be fined steadily through the rest of your life just for being so stupid. Though your use of the caps lock key does make a convincing argument... I have never had a half million dollar speeding ticket obviously, but I've had tickets close to the cost of the out-of-court settlement that is offered to all/most music pirates. If the punishment were supposed to fit the crime, then things would be a lot different. You can't have a rigid scale of "badness" for a crime that assigns a monitary or jailtime value on the crime. It's all subjective.

      I'm just saying that people shouldn't pirate music, and should be punished for doing so, which is happening, and makes me happy that piracy is finally being cracked down on. If they want free music, they're certainly free to make all their own, as much as they want, without any charge to themselves by themselves.

      -Jesse

      --
      Nothing says "unprofessional job" like wrinkles in your duct tape.
    20. Re:RIAA Attacks Single Mom by Greedo · · Score: 1
      Has there ever been a case where an industry has so aggressively gone after their own customers?

      Yes.


      In 1903, when Henry Ford launched the Ford Motor Company, his third attempt at making cars, automobiles were high-priced, custom-made playthings for the rich. What's more, the major manufacturers had figured out a way to keep it that way. They had acquired a strategic property right very much like the recording industry's copyrights on recorded songs. It was called the Selden Patent and it gave its owners the exclusive right to sell a very basic invention: self-propelled vehicles powered by internal combustion engines. Many people in the car business thought this patent was an outrage - much as some online retailers today are angry that Amazon.com received a patent on its "One-Click" checkout system. But the U.S. Patent Office had issued the Selden Patent and a group of powerful incumbents had purchased it and formed an association to enforce it. Litigation, then as now, was very expensive - especially for start-up companies with limited working capital. Nearly every car company fell into line to pay royalties to the Association for the privilege of making and selling cars.

      Except Henry Ford. The association did not want another competitor in Detroit and it did not like his idea of driving prices down to where average people could afford a car. So it refused to license him. For Ford, it was either exit the industry or fight the Selden Patent in court. He decided to raise a legal war chest and fight the incumbents. The litigation lasted from 1903 until 1911 and along the way, the association launched hundreds of lawsuits against Ford's customers to scare them away from his showrooms for buying "unlicensed vehicles."

      Most ordinary people of Ford's era had been content to stand by and watch the automobile makers slug it out over the Selden Patent. It was just an industry cat fight. But when the big "money men" started suing ordinary people who were just trying to buy a cheap car, public sympathy shifted against the incumbents. People rallied to Ford's side against the bullies. Editorials weighed in against the industry's heavy-handed lawsuits, and Ford helped his own case by purchasing litigation insurance for his customers. By the time the patent litigation was over - Ford won on appeal in 1911 when the court ruled that the Selden Patent covered only cars made with a special type of engine nobody was using anymore - Ford was a hero, and the largest car manufacturer in America.
      --
      Tuus crepidae innexilis sunt.
  11. over reaction by Suburbanpride · · Score: 5, Insightful

    I think speeding is a lot worse than sharing files. whats the fine for speeding in italy? i bet its a lot less than $1000 and 6 months in prison. extreme penalties will only drive the shares underground it wont stop them.

    --
    sorry 'bout the mess...
    1. Re:over reaction by turambar386 · · Score: 2, Informative

      What country are you from? I'm willing to bet that the potential fines for the illegal trading of copyrighted material are MUCH higher than the fines for speeding in just about any nation on the planet, with the possible exception of Finland.

    2. Re:over reaction by Anonymous Coward · · Score: 0

      Actually, the part about 6 months in jail will be used very seldom, it's only there because it will allow the police to secure evidence more extensively than what they would be allowed to otherwise.

    3. Re:over reaction by Anonymous Coward · · Score: 0

      I think you are right about it being a common standard for copyright violations to be punished more severly then trafic violations, speeding in particualr. The question is the morality of it. In one case you are potentially putting the physical saftey of others, the fact that most speed limits in the U.S. are riddiculously low. In another case you are doing something that someplace between trespassing and theft. Its trespassing in you are at least in a since using the property of another without permission, but also possibly depriving them of revenue. It falls short of theft in that you havent deprived anyone of property directly again that single sale worth of lost revenue at most, nothing at the least being that most P2P users would not have paid any way, but would have gone without. In anycase how can it be right to punish someone more severly for illegal P2P then for potentially killing someone?

    4. Re:over reaction by Enigma_Man · · Score: 1

      But regardless, it's still against the law, and morally incorrect. It's as morally incorrect to speed in your car as it is to share and/or copy stuff that isn't yours. Personally, I think that a jail sentence is harsh, but the fine is just fine with me.

      -Jesse

      --
      Nothing says "unprofessional job" like wrinkles in your duct tape.
    5. Re:over reaction by Anonymous Coward · · Score: 1, Insightful
      It's as morally incorrect to speed in your car as it is to share and/or copy stuff that isn't yours.

      So whose life am I endangering when I make a mix CD for a friend? And since when did you get the authority and/or wisdom to dictate my morals to me?

    6. Re:over reaction by orzetto · · Score: 1
      I think speeding is a lot worse than sharing files. whats the fine for speeding in italy?

      In Italy, as we say, Laws are applied for foes and interpreted for friends. This is one of the reasons I left that crappy country.

      Basically, all political parties are nominally against this law and want to change it (but then, why they voted it is beyond me--except they're idiots, but no news then). What the government let know is that they won't enforce it seriously. Since Mr. Berlusconi does not (yet) have a major interest in p2p-swapped material, I expect their fancazzismo (~laziness) to be likely.
      (Yes, this is Italy. The lawmakers make laws they don't really want, the government says they won't apply it, and the judges had better shut up as they're all a bunch of stalinists plotting against Berlusconi)

      If you want to know what the fine is for speeding, it's basically nothing considering you rarely get caught. Nowadays things have got a little bit better with the point-subtraction mechanism (lose 20 points and you have to take the licence exam again), but it's still nowhere near civilisation, especially in other traffic subjects like stopping at zebra crossings or parking in double line. Should you pass by Milano, be sure to check out via Lambrate, a secondary road close to piazzale Loreto, with quadruple-line parking on both sides! (No, I don't have the slightest idea about how they get out)

      Go to this link if you want to know something more about Italy... as an Italian I can guarantee it's all true!

      --
      Victims of 9/11: <3000. Traffic in the US: >30,000/y
    7. Re:over reaction by analog_line · · Score: 1

      extreme penalties will only drive the shares underground it wont stop them.

      Congratulations. You just hit the nail on the head. The RIAA and their like want exactly this to happen. They know they can't stop it, they just want it to be underground again. Not every Tom, Jane, and Louis doing it.

    8. Re:over reaction by c_ollier · · Score: 1

      Funny you say this... Last year, Mu^H^HBerlusconi RAISED speed limits on highways, of course against the general movement towards increased road security (maybe to please car manufacturers).

  12. GPL violations? by j-beda · · Score: 5, Interesting
    Since the GPL is a copyright lisence - does this mean that if somone violated the GPL in Italy it could get them thrown in jail?

    And people complain that they are afraid of the viral nature of the GPL - this would really scare them!

    1. Re:GPL violations? by incom · · Score: 1

      Only if they broke the GPL and then distributed that broken software online, then probably yes.

      --
      True genius is grasping a situation like a peice of fruit, and peircing it just right so that it drains dry.
    2. Re:GPL violations? by Anonymous Coward · · Score: 1, Insightful

      Hey, does SCO distribute anything in Italy? Maybe we could get THEM put in jail!

    3. Re:GPL violations? by RickHunter · · Score: 2, Interesting

      Best way to get this law taken off the books? Start strictly enforcing it against software companies.

    4. Re:GPL violations? by Short+Circuit · · Score: 1

      I would assume that the concept of a corporate entity is pretty much the same there as it is here in the US. A CEO won't normally be thrown in jail for some crime the company comitted.

    5. Re:GPL violations? by mav[LAG] · · Score: 1

      I think you might be slightly misinformed here. You can't "break the GPL" and then distribute - disobeying the terms of the license only applies to distribution. You are perfectly welcome to take any GPLed software and use it in house for whatever you like.

      --
      --- Hot Shot City is particularly good.
    6. Re:GPL violations? by incom · · Score: 1

      There are other means of software distrobution than online, which is what this law covers, so a jail sentence can be activated by a malicious software distributor, or hardware manufacturer, who has broken the GPL, if they were to begin distributing thier stolen code infected programs online for the first time.

      --
      True genius is grasping a situation like a peice of fruit, and peircing it just right so that it drains dry.
  13. But officer... by Nuclear+Elephant · · Score: 5, Funny

    The Italian parliament yesterday voted in favour of imposing jail sentences of up to three years on anyone caught uploading or downloading unauthorised copyright material to and from the Net.

    People don't download pirated music, computers download pirated music. Everybody calm down, unless you're routing packets by hand, you're safe.

    1. Re:But officer... by Anonymous Coward · · Score: 1, Funny

      If they put my computer in jail, after 3 years it'll be of no use at all... damn Moore's Law...

    2. Re:But officer... by Skye16 · · Score: 1

      That's not true, after 3 years it'll be perfect for you to setup as a router, file server or snort box...

    3. Re:But officer... by Anonymous Coward · · Score: 0

      But what about the pigeons? 8(
      RFC 1149
      RFC 2549

  14. In related news... by bobhagopian · · Score: 0, Redundant

    Mussolini has been reinstated as the leader of Italy.

  15. Open-source music and movies? by mr_mischief · · Score: 3, Insightful

    How long, with computerized production bringing music and movie making power to the desktop like never before and laws like this popping up, will it be before we see free or even Open Source movies.

    I can foresee a possible future with Creative Commons, the GPL, the Free Documentation License, and the BSD license influencing the licensing of droves of hobbyist movies and music. I'm talking much, much more than we see now. Maybe the music and movie companies see this coming. Maybe they want to kill p2p not only because their own work is distributed royalty-free across it, but also because with the software to make competitive products getting better and p2p being a great distribution method, they're afraid of losing market share to upstarts.

    Think of how scared SCO and MS are of Linux.

    1. Re:Open-source music and movies? by Anonymous Coward · · Score: 1, Informative

      How long, with computerized production bringing music and movie making power to the desktop like never before and laws like this popping up, will it be before we see free or even Open Source movies.

      Open Source movies? Here you go.

    2. Re:Open-source music and movies? by Anonymous Coward · · Score: 0

      What exactly is "open source movies"? Please don't throw buzz words around like this, they only cheapen them and you. How about "open source underwear"?

    3. Re:Open-source music and movies? by Anonymous Coward · · Score: 0

      You're an ASSHAT. How else do you say:

      "Movies where the copyright is opened freely to everyone and the right is granted and the means are available to alter the content and republish without restriction."

      Not even "Public Domain Movies" captures it well. Porting the phrase "open source" over to media other than software has its place.

    4. Re:Open-source music and movies? by Mike+Hawk · · Score: 1

      Movies don't have source code. Maybe this is reference to the actors or some other part of the making of the movie? Open source Natalie Portman here we come.

  16. Newspapers by gr8_phk · · Score: 2, Interesting

    Does that mean their government controls what is printed in the newspaper?

    1. Re:Newspapers by mocm · · Score: 3, Insightful

      Ever since Berlusconi is prime minister.

      --
      ***Quis custodiet ipsos custodes***
    2. Re:Newspapers by Anonymous Coward · · Score: 0

      you have to pay to publish your information...
      it's like a advertisment

    3. Re:Newspapers by Anonymous Coward · · Score: 0

      Berluscolini?

    4. Re:Newspapers by Anonymous Coward · · Score: 0

      I believe that Silvio Berlusconi owns La Repubblica. He probably owns the other one as well.

    5. Re:Newspapers by dmoen · · Score: 4, Informative
      Does that mean their government controls what is printed in the newspaper?


      All of the Italian media is under direct government control, mostly because it is controlled by prime minister Silvio Berlusconi, who owns all the media. Criticism of the government, and criticism of Berlusconi in particular, by the media, is not tolerated.

      --
      I have written a truly remarkable program which this sig is too small to contain.
    6. Re:Newspapers by Anonymous Coward · · Score: 0

      Italian president

    7. Re:Newspapers by hazem · · Score: 1

      I wonder how much the Italian government will pay the newspapers to publish this information.

    8. Re:Newspapers by Anonymous Coward · · Score: 0

      I guess it's time to invade Italy.

      Not that we'd want their crappy technology (nice design but crappy implementations)

    9. Re:Newspapers by rongten · · Score: 2, Informative

      I believe you do not know very much about Italy.

      If all the media is under direct control of Berlusconi, even the one that once he possessed, how is it possible that all the major newspapers are leftist and against the government agenda?

      Abroad I had to ask explicitely to the press shop to order "Il Giornale", one of the two or three newspapers that do not criticize Berlusconi every day without sound arguments.

      Sorry to say but all the story of press taken hostage from the government is false.

      Try to read the italian newspapers, the one you find commonly abroad, and you'll see.

      --
      Zed: Nothing is ever easy
    10. Re:Newspapers by mubar · · Score: 1

      Prime minister, actually. Though it doesn't really matter, he has practically all power in Italy nowadays and since he owns the media, slight majority of people still vote for his right-wing coalition. Google a little, you'll soon find out this leader doesn't care about what's fair or democratic. It's sad to see how bad the political state in one of the EU's big countries is right now.

    11. Re:Newspapers by curious.corn · · Score: 1

      He does know Italy... and quite well too! Berlusconi owns property of the whole Mediaset Group which comprises: TV, Radio, ISP, supermarkets, insurance companies. His brother owns (was given to) a publishing company and the newspaper you mentioned. Berlusconi has tight control of public RAI broadcasting company where all kind of dissent (polemically political or not) is all but suffocated and where present, paraded and specifically labelled as a "native american reserve" for "cUmmunists".
      You probably don't read many of Berlusconi's rags abroad because they're pretty unsubstantial and useless papers and in any case B. doesn't really care too much for them; his consensus is entrenched in the lower middle class that doesn't read much and their political impulse is designed on the TV. What you get abroad is the most important moderate progressice/conservative papers that more or less agree that what's happening today is insane (and for that latlely the "corriere della Sera" has been under "pressure" to change editorial stance and Chief Editor).
      The stupid law mentioned in the topic is a Law & Order stint designed to impress the many fools over here that beleive 'ntennet is just a paedophile & terrorist hideout. These people are avid sat tv consumers (sat pirating used to be a very good business before SECA2) and cell phone maniacs who rarely use 'ntennet. It's a shame though that pirate DVDs of currently on-screen flicks are still openly traded on the streets (often right before the cinema entrance!) and the same goes for hit CDs...
      It's such a stupid decision (EU voted for some sort of 'fair use' in p2p sharing) I can't even imagine what the possible hidden agendas might be; are they trying to piss off Tiscali, Telecom Italia and the other broadband operators?)

      --
      Mi domando chi à il mandante di tutte le cazzate che faccio - Altan
    12. Re:Newspapers by quake74 · · Score: 1

      Does that mean their government controls what is printed in the newspaper?

      All of the Italian media is under direct government control, mostly because it is controlled by prime minister Silvio Berlusconi, who owns all the media. Criticism of the government, and criticism of Berlusconi in particular, by the media, is not tolerated.

      Informative?!?! The parent was modded informative? Are you kidding me? Has any of the moderators been to Italy lately? For god's sake, did you ever check the headlines of the major italian newspapapers? Informative?!?!

      I don't even mind replying to the arguments because it would seem like I defend Berlusconi, while I think that the sooner he's gone the better.

    13. Re:Newspapers by rongten · · Score: 1

      Well, abroad you do not find the "good" newspapers.
      You find the ones that make more sense to commercialize since they sell more. How much, is best left unsaid, but they are the most important ones.

      So, the parent said that all the press in controlled by B.; you pretty much confirmed my idea it is not so.

      For the copies of cd and dvds.. You invoke the zero tolerance. So no more people begging for money at traffic light, no more driving over the limit, no more wrongdoings.

      It is difficult, if the police often look on the other side simply because there is not a simple solution, unless you will be the first to collect all the children beggin for money on the streets of the italian cities and ship them to their parents abroad, that will immediately send them back.

      Think of the solution, not of the problem.

      --
      Zed: Nothing is ever easy
    14. Re:Newspapers by Anonymous Coward · · Score: 0

      Ehm... informative... uhm.. half informative.. i'm italian and this, as usual, is only half true

    15. Re:Newspapers by 10am-bedtime · · Score: 1

      "not tolerated" is an oversimplification.

      when you control things but don't want to lose control, you find it quite easy to tolerate as much dissent as is available, which turns out to be for the most part only in words, and rarely in actions. when there is dissent in actions, you let that happen, too, but remember it well for the dish best served cold.

      and when that time comes, it won't be flashy or even unjust. there will be a popularly-upheld denunciation of the dissenter over some flanking issue. with many laws to choose from, this is not difficult to arrange.

      thus, everything can be predicted and predisposed, if you have studied history and human nature enough (having lots of money doesn't hurt either).

      every group of people, tired of leading the ethical life, cedes this role to such a controller at some point, without exception. the only differences are the names of the group and the names of the controller. the only hope is that the controller is ethical, which is to say there is almost no hope.

      those never tiring of the ethical life are beyond requiring hope; these people are few and are easy to marginalize by the controller, anyway.

    16. Re:Newspapers by della · · Score: 1

      That's false. Berlusconi doesn't own neither "La Repubblica" nor "Il corriere della sera". Their editorial line is, most of the time, critic with the government.
      The part of the media where Berlusconi has very few critics is television, since 95% of audience is divided between Mediaset, which is his private property, and RAI, that's the state television (indirectly) controlled by the parliament.
      Maybe surprisingly, there is more censorship about critic to Berlusconi's operate in RAI, which has a long tradition of being controlled by political parties.

      --
      -- Matteo
  17. If I copyright my criminal record by Anonymous Coward · · Score: 1, Interesting

    Does that mean the prosecutor will get tossed in jail if he uses it without my permission?

    1. Re:If I copyright my criminal record by stankulp · · Score: 1

      They can't use your criminal record in a trial. For sentencing yes, but the guilt or innocence is determined by the evidence alone.

      --
      We must be alert to the danger that public policy could become captive to a scientific-technological elite. - Eisenhower
  18. Mussolini by Apreche · · Score: 1

    Fascism returns to the country shaped like a boot. The boot that stamps out fair use.

    --
    The GeekNights podcast is going strong. Listen!
  19. P2P now a crime!? by lofoforabr · · Score: 1, Insightful

    Fine... I wonder how the prosecutors will prove that you have been using it. Logs? Logs can be easily forged.
    Anyway, with the advances in P2P technology, it can become impossible to track who is getting what. Just like in Freenet.

  20. Mussolini would be proud... by Anonymous Coward · · Score: 0

    Thank you, Italian justice system for proving once again that reason and logic have no place in a court.

  21. Absolute Insanity by Anonymous Coward · · Score: 0

    This is just sickening. The worst kind of abuse of goverment by corporations.

  22. Comment removed by account_deleted · · Score: 2, Funny

    Comment removed based on user account deletion

  23. we should expect this... by spiritraveller · · Score: 2, Informative

    from a country that chooses ,a href="http://news.bbc.co.uk/2/hi/europe/3034600.st m">its own version of Rupert Murdoch to be the supreme leader.

    1. Re:we should expect this... by Anonymous Coward · · Score: 0

      I think you meant "chooses its own version of Rupert Murdoch..."

  24. I'll risk it by Timesprout · · Score: 2, Funny

    If they promise to confiscate my windows box and all my MS CD's

    --
    Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
    What truth?
    There is no dupe
  25. Ultimate Deterrment by Anonymous Coward · · Score: 2, Funny

    If the jail time and the fine won't deter the fileswappers, certainly the public humiliation in two national newspapers will!

  26. I guess you expect that... by exp(pi*sqrt(163)) · · Score: 5, Funny

    ...with a Prime Minister who makes his money from media companies. Those corrupt Italians! Imagine something like that happened in the US. If the President or Vice President stood to make money from invading Iraq, say, there'd be a hue and cry about it and they'd have no chance of getting away with it.

    --
    Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
    1. Re:I guess you expect that... by Anonymous Coward · · Score: 0

      Only there is a hue and cry, and they still seem to be getting away with it.

    2. Re:I guess you expect that... by Anonymous Coward · · Score: 0

      Yeah, with our 65 billion price tag for Iraqi reconstruction (while Iraqi oil money goes back to Iraq), they're making a killing. And oil prices are at an all-time low because of this obvious attempt to break OPEC.

    3. Re:I guess you expect that... by Ralph+Wiggam · · Score: 1

      It's actually worse in Italy. I believe that thier PM is still the actual owner of thier biggest TV network. It's an obvious conflict of interest. Bush and Cheney at least had to sell thier stock. Their actions greatly benefit thier rich, oil industry friends, but they can't directly make money off of policy decisions.

      -B

    4. Re:I guess you expect that... by Skye16 · · Score: 1

      That doesn't mean they're not going to get any kickbacks from the contracts we handed out only to American companies to fix the Iraqi infrastructure.

      The oil argument really does ring hollow, even for me, but that doesn't mean that the current administration isn't going to get some nice christmas presents from the CEOs of the corporations who got those contracts.

    5. Re:I guess you expect that... by sik0fewl · · Score: 0

      Of course it's sarcasm. I think you need a sarcasm meter.

      --
      I remember when legal used to mean lawful, now it means some kind of loophole. - Leo Kessler
    6. Re:I guess you expect that... by exp(pi*sqrt(163)) · · Score: 1

      On the other hand, if all that happens in Italy is a bunch of corrupt people make some more money it's trivial compared to invading another country.

      --
      Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
    7. Re:I guess you expect that... by Anonymous Coward · · Score: 0

      How does the VP stand to make any money, care to explain specifically, or are you just trumpeting Michael Moore-ish "political satire"?

    8. Re:I guess you expect that... by mubar · · Score: 2, Interesting

      Don't forget that Berlusconi's government was, and still is, one of the most important supporters in that invasion. Situation in Italy was pretty much similar to Spain with over 80% of country against the war, but their prime ministers joined the attack nonetheless. Last year Italy had some of the biggest anti-war demonstrations in history, in the largest there were over 3 million protestors in Rome alone.

    9. Re:I guess you expect that... by exp(pi*sqrt(163)) · · Score: 1

      A gauge with the needle permanently jammed on 10 would probably suffice.

      --
      Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
    10. Re:I guess you expect that... by jeffasselin · · Score: 1
      --
      If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
    11. Re:I guess you expect that... by Chris+Burke · · Score: 1

      Hey smarty, where did the money come from, and what was it spent on? Answer: It comes from us, the taxpayers, and goes to the defense and reconstruction contractors, many of whom have ties to the administration.

      So yes, it is quite clearly a huge win for them.

      Just not for you and me.

      If oil prices are high... well, it's obvious a lot of what has happened in Iraq hasn't gone as the administration planned, isn't it?

      --

      The enemies of Democracy are
    12. Re:I guess you expect that... by mog007 · · Score: 1

      When Bush offered Cheney the job of being his running mate Cheney had to leave his job at Halliburton, as a thank you for his years of hard work, he was given about 40 million dollars. Halliburton was the first company given oil rights in Iraq during the war. Do the math. The oil companies arn't paying Bush and Cheney, they already paid them, and now they're collecting their dues.

    13. Re:I guess you expect that... by howman · · Score: 1

      Give me a break... and what do you really think the invasion of Iraq was all about...

      --
      flinging poop since 1969
  27. Welcome Italy! by kannibal_klown · · Score: 5, Interesting

    Finally!!!

    Don't get me wrong, I think this is complete BS and wrong on soooooo many levels...

    But it's nice to know that America isn't the biggest (or the only) a$$-hat when it comes to p2p. Up until now, we've looked draconian in our handling of such matters compared to other parts of the world.

    This makes what the RIAA is doing look like a slap on the wrist. Hopefully they don't get any ideas.

    1. Re:Welcome Italy! by Anonymous Coward · · Score: 0

      This makes what the RIAA is doing look like a slap on the wrist. Hopefully they don't get any ideas.

      Er, what?

      $1000 fine plus six months in jail, vs being sued for more money than you're likely to earn in your life? I'll take the jail, thanks. Italy, here I come!

    2. Re:Welcome Italy! by Newtype+Rouge · · Score: 1

      Take it from an Italian. This is totally, completely true. And, by the way, the punishment for file sharing is now almost double the punishment for raping a 2 years old.

    3. Re:Welcome Italy! by mog007 · · Score: 1

      Actully we're trying to.

    4. Re:Welcome Italy! by Anonymous Coward · · Score: 0

      Well now just a sec, what is worst, financially ruining entire families (a.k.a. lawsuits a la RIAA) or imprisoning a single downloader? Jesus fricking age Christ it's the Roman Empire revisited, all this over Britany Spareribs' latest ear junk ???

    5. Re:Welcome Italy! by kannibal_klown · · Score: 1

      Yeh,

      But you can settle. I think they've been averaging at $3,000.

      Now, lets see. Settle for $3,000 in the United States, or get up to 3 years in jail.

      I think I'd rather settle.

    6. Re:Welcome Italy! by della · · Score: 1

      Given Italian legislation as it is, you'd never go to jail with such a felony. I think the real effects of a prosecution in the USA are still worse.

      --
      -- Matteo
  28. Does this have something to do with Silvio? by Glowing+Fish · · Score: 4, Insightful

    The Prime Minister of Italy got his job in large part because he controls something like 90% of the media there.

    I could imagine that along with his general right wing Agenda, Prime Minister Silvio Whats-his-name might want to protect the interests of media companies. Or rather, the media company, since he is the only one.

    --
    Hopefully I didn't put any [] around my words.
    1. Re:Does this have something to do with Silvio? by 14erCleaner · · Score: 1

      His name is Silvio Berlusconi. Finally all thos years of listening to NPR pays off. :)

      --
      Have you read my blog lately?
    2. Re:Does this have something to do with Silvio? by Anonymous Coward · · Score: 0

      Berlusconi? Right wing agenda?

      Is populating a country with third-world excrement, while encouraging declining birth rate of the native population, a "right" sort of thing?

      Roflmao... only a clueless karma-whorring slashbot can call Berlusconi a fucking "right winger".

      FUCK YOU.

  29. Enforce it. by blamanj · · Score: 5, Insightful

    The best way to get a bad law repealed is to enforce it strictly. -- Abraham Lincoln

    If this law is really so draconian as the discription implies (this is /. after all), then I'd go looking for an intelligent, like-minded DA (or whatever the Italian equivalent is) and have him start arresting people left and right for the slightest violation, as long as it meets the letter of the law.

    I guarantee we'd here the angry screams all the way to N. America and it would be dropped pretty darn fast, I'll bet.

    1. Re:Enforce it. by cheeseSource · · Score: 5, Insightful

      You would think so, but look at drug enforcement in the U.S. Incarceration is at an all time high. In general there are more people in prision in the U.S. per capita than anywhere else in the world; but guess what...

      Nothing has changed.

      --
      (Sponsored by cheeseSource for President 2012)
    2. Re:Enforce it. by Nephilium · · Score: 3, Informative

      It all depends on whom it's being enforced *against*... a local community by me forced through a draconian curfew about ten years ago... basically no one under 18 was allowed to be out of their homes after 10:30 PM... the police hated it and fought against it... it got passed and the first person arrested for it was the mayor's daughter... coming home from work...

      The curfew lasted six months after that I think...

      So if you are going to go through harsh enforcement the key is to go after the government members families... I'm sure at least some of them have teenage kids downloading music, TV shows, and movies...

      Nephilium
      In a society in which it is a mortal offense to be different from your neighbors your only escape is never to let them find out. -- Maureen Johnson in To Sail Beyond the Sunset

    3. Re:Enforce it. by geek · · Score: 5, Insightful

      This is because felons can't vote. If they could then change would be possible, but by arresting and convicting people, thus taking away their constiutional rights you handicap them. If convicted unjustly, or if said law is repealed you are still a felon unable to vote. It's one of the oldest tricks in the book and is why a huge part of the black community is left as a permanent under class unable to effect change.

    4. Re:Enforce it. by cheeseSource · · Score: 1

      It might make sense in the big bust sort of operations for class A substances. But otherwise it's just people screwing around with their own lives. Similarly, if there were a huge WAREZ operation, maybe the law should interfere. But otherwise it's just lame. When a 9 year old get's busted who faces time? Maybe, their parents who probably don't have a clue.

      --
      (Sponsored by cheeseSource for President 2012)
    5. Re:Enforce it. by Anonymous Coward · · Score: 0

      Fine, then get rid of the hypocrisy. Start imprisoning anyone who makes, sells, or uses alcohol or tobacco. They cause far more harm and are far more addictive than marijuana.

      No, our drug laws do not make sense.

    6. Re:Enforce it. by Jerf · · Score: 1

      Compare the social reaction you'll get for "Bobby's in jail for dealing drugs" to "Bobby's in jail for downloading music."

      Rightly or wrongly, they're not comparable in current society, so I think your analogy is inapplicable.

    7. Re:Enforce it. by fireklar · · Score: 1

      Then by the grandparent's logic, either: A) The law is not being enforced strictly. B) The law is not a bad law.

    8. Re:Enforce it. by cheeseSource · · Score: 1

      Bobby wouldn't be in jail for dealing drugs then he would be in jail for having drugs. Worst case - he would be in jail for providing drugs at no cost when other's approached him. Aside from that "Social Reaction" ought not define the merits of an action.

      --
      (Sponsored by cheeseSource for President 2012)
    9. Re:Enforce it. by darf · · Score: 3, Informative

      This is false. The choice to allow a free felon to vote is made on a state by state basis.

      This is from the DOJ website: "The right to vote is an important civil right in a democracy as well as a civil responsibility, and yet many persons who have been convicted of a crime do not know whether they are eligible to vote. For both federal and state elections, the right to vote is controlled by the law of the state in which you live. Some states restrict the right to vote for persons who have been convicted of a crime."
      http://www.usdoj.gov/crt/restorevote/rest orevote.h tm

      Sorry to be OT but I wanted to correct this.

    10. Re:Enforce it. by Jerf · · Score: 1

      Aside from that "Social Reaction" ought not define the merits of an action.

      Where did I say that? I simply observed that the analogy fails because the reactions aren't similar enough. You extrapolated that to mean that one was good and the other was not, not me.

    11. Re:Enforce it. by Openstandards.net · · Score: 1
      The city I grew up in always had a curfew for young people. I think it applies to anyone under 18, but the time varies. I think for ages 16 or 17, it's 1am.

      They never actually arrest youth, though. They simply take them home. Usually, it's to keep young kids off the streets without parents at night. Also, it's always legal for a child to be out with an adult.

    12. Re:Enforce it. by jafuser · · Score: 2

      Guess what?

      Large government contractors make lots of money off building and running prisons.

      --
      Please consider making an automatic monthly recurring donation to the EFF
    13. Re:Enforce it. by YrWrstNtmr · · Score: 0, Troll

      Let all those guys out of prison and tell me nothing has changed. Contrary to PC belief, most of them are in jail for criminal activities they actually did.

    14. Re:Enforce it. by geek · · Score: 1

      Show me a state that allows it. BTW voting in federal elections is not a matter of the state, that's why they are FEDERAL elections. So, snide little DOJ website snippet aside, the facts remain that felons can't vote.

    15. Re:Enforce it. by BaldingByMicrosoft · · Score: 1

      Curious: Does Italy have the concept of "Jury Nullification" as we in the US do (though mostly unknown to the unwashed masses)?

      Reference:
      http://www.fija.org/

    16. Re:Enforce it. by glitchvern · · Score: 2, Informative

      The first link off of google for felon vote is here An excert from it is :
      Forty-eight states currently have some form of restriction on the right of felons to vote. The exceptions are Maine and Vermont, which even permit inmates to vote. Thirty-three states disenfranchise felons who are on parole. Eight states deny felons the right to vote for life.

      I had thought most states allowed felons to vote and only a few still denied it. Guess I was wrong.

    17. Re:Enforce it. by cheeseSource · · Score: 1

      Compare the social reaction you'll get for "Bobby's in jail for dealing drugs" to "Bobby's in jail for downloading music."

      Perhaps I mistook you but you made the above comment which seems to imply that social rections determine the goodness/badness of the issue.

      However: because reactions may not be similar does not mean the issues are uncomparable. No situation is exactly comparable to another (unless of course they are identical). These two situation are comparable in that it is ultimately unjustifiable to lock people away due to such trivial actions. And locking everyone up for the most simple offence will not really change the law it will just put more people in prison. Thus they are similar enough.

      --
      (Sponsored by cheeseSource for President 2012)
    18. Re:Enforce it. by Anonymous Coward · · Score: 0

      For both federal and state elections, the right to vote is controlled by the law of the state in which you live.
      In North Dakota your right to vote is automatically restored upon lawful release from incarceration.

      Get your facts straight Pretzel Boy

    19. Re:Enforce it. by Anonymous Coward · · Score: 0

      No, voting in a federal election is most certainly a matter of the state, do you not even know the most basic facts about how your "democracy" works? You don't vote for the president, you vote for his party in your state and whichever party gets more representatives elected, that's which party's candidate becomes president.

      This very fact is why Bush was able to screw the election and get into power by removing thousands of black voters in florida from the voting lists. He had his brother remove them from the lists because they had felons in other states with the same names.

    20. Re:Enforce it. by geek · · Score: 4, Insightful

      That's exactly my point. We don't release people from prison anymore, we beat and bludgeon them for life with their past convictions. It's no wonder repeat offenses are so high when we don't allow them to vote, get a decent job or education. We treat them like animals after having payed their debt giving them no options or hope for improvement. When put in that position, why not re-offend? Either they did their time or the didn't, this "holding it over their heads for life" crap needs to stop.

      We have the highest prison population on Earth and not nearly the population of many other countries. That alone should tell us something is desperately wrong with the system. Yet people escalate further and create "expedited executions" in Texas and Florida. Rather than lock them up and rehabilitate them, we now just write them off entirely and kill them. How great! It's wrong for one man to kill another man but somehow right when 2 million kill one.

    21. Re:Enforce it. by Anonymous Coward · · Score: 0

      You complains about our ridiculously high incarceration rate, and then complain about death sentences as though they contribute to it as well. I'm having a hard time seeing how executions contribute to a high incarceration rate.

      (I'm not making any moral statements, I'm just questioning the logic.)

    22. Re:Enforce it. by sckeener · · Score: 1

      You are correct that felons can vote in a state by state basis...however, look at the states that refuse to let felons vote and you've find a ton of laws with jail time punishment.

      IMHO this is done in a broad sense to keep the minority (not just race) fractured. No vote = no power.

      --
      "Only one thing, is impossible for god: to find any sense in any copyright law on the planet." Mark Twain
    23. Re:Enforce it. by SlashdotLemming · · Score: 1

      Your views and the reactions to them present a good case for the argument that most people aren't qualified to vote. Both your posts are illogical emotional arguments derived from twisted and spun facts. Your opinion is your opinion, however, when a group of people mod your opinions so high, it shows that the moderators have little capacity for seeing the facts in an opinion. They are swayed by emotional rants instead of putting critical though to the issues. It shows that people, even when trusted with power, often show little capacity to fullfill their responsibilities.


      I think those words in that order made sense?!?

    24. Re:Enforce it. by Anonymous Coward · · Score: 0

      The best way to get a bad law repealed is to enforce it strictly. -- Abraham Lincoln

      When did he say that? Where?

    25. Re:Enforce it. by Anonymous Coward · · Score: 0
      This is incorrect. While most states prohibit felons from voting while in prison, on parole or probation, only 7 states permanently take away voting rights from all felons. An additional 7 states have some form of restrictions for certain types of ex-felons.

      See http://www.sentencingproject.org/pdfs/1046.pdf

    26. Re:Enforce it. by nten · · Score: 1

      To start with, I have to say that legal drugs would not decrease the cost to society. Many people's only reason for not using drugs is the fear of being caught. And don't forget that if they were legal, it would be companies and interest groups like the labels and the RIAA that would advertise and supply them. People would still hit bottom and start stealing for a fix, but with each hit being cheaper, more people OD before hitting bottom. Countries that have more lenient drug laws have huge healthcare problems, thats also something to think about. But on the other point I have to agree with the original poster. Taking someone's voice in society is a serious action, and I agree that any crime that carries that punishment should show blatant disregard for societies laws, but some crimes do. A person who commits murder in a fit of rage really doesn't disdain the law, he just lost his mind for a moment, and now has to pay the price. On the other hand, a seemingly much less serious crime of fraud (say a con man who goes after the elderly) does show disregard, and I don't think that guy should vote. I think premeditation should be the standard, but I haven't really given it that much thought. As for why 2million people are allowed to kill a man and I'm not, its the same reason they are allowed to lock me in a cage, but I'm not allowed to lock you in one. Society has to have the ability to uphold its laws forcefully or they don't mean anything. If someone has shown that they are beyond hope of rehabilitation (repeat offenses, violent mental illness etc.) I don't think society should have to pay to keep them locked up. Other than execution, banishment is the only way to eliminate someone from society without recurring cost. And where do we banish them to? As for rehabilitation, Gene Wolfe's "book of the new sun" convinced me that torture was a better mechanism for social reform than imprisonment.

      --
      refactor the law, its bloated, confusing and unmaintainable.
    27. Re:Enforce it. by darf · · Score: 1

      Wisconsin.

    28. Re:Enforce it. by d474 · · Score: 1

      Good point.
      Other's who are interested should study the history of this prison industry. A key turning point earlier in this century, Timothy Leary, a well established and respected Professor at Harvard had discovered a new area of human consciousness with the drugs Psilocybin and LSD. Those drugs were new then, no one had done any research on it, and almost no one in America had ever heard of them. He discovered in experiments with prisoners in controlled environments mixed with therapy and drug sessions they could successfully rehabilitate the prisoners. They reduced the recitivism rate significantly, but this created a conflict with the then blossoming prison industry.

      The US Governments response?
      He got fired from Harvard, they banned the program, started policies of illegalizing and stigmatizing the use of those drugs in any setting for the next 5 decades. Now if you possess those drugs you can get mandatory minimums of 10 years in prisons with Abu-Ghurab like conditions. Only the State doesn't do the torturing, raping, and beating. The inmates do it while the state looks the other way.

      Result: U.S. Prisons = Lifetime Criminal Factories

      --
      Authority questions you. Return the favor.
    29. Re:Enforce it. by mrbrown1602 · · Score: 1

      It's wrong for one man to kill another man but somehow right when 2 million kill one.

      You can't justify bad behavior with bad behavior. And last time I checked, there were plenty of government programs avaliable for released convicts to use to do something like get a job and change their life. But what happens? Oh yeah, that's right, something like 50%+ of the people that are released commit their crimes AGAIN rather than making something of themselves (I apologize that I don't have the actual statistic on me).

      Rather than lock them up and rehabilitate them, we now just write them off entirely and kill them.

      Last time I checked, prison wasn't for rehabilitation purposes - it was for punishment for a crime.
      I'm sure to get flamed/modded down now, since I don't have a liberal/democrat/socialist point of view.

  30. Google Cache going away? by interiot · · Score: 4, Interesting

    Google Cache has always operated in at least a slightly gray area legally, in that there's undoubtedly unauthorized copyrighted material available via the cache that authors wouldn't want there if they knew about it. Google obviously is on the up-and-up, and will remove content from cache when specifically requested to. However, with a minimum jail sentance of six months, anything questionable like this may be deemed to risky. Is it possible that Google cache (and anything similarly risky) may be disabled for the .IT section of the internet?

    1. Re:Google Cache going away? by Cthefuture · · Score: 1

      This brings up the question:

      Can someone not in Italy be charged under Italian this law?

      --
      The ratio of people to cake is too big
    2. Re:Google Cache going away? by Jerf · · Score: 1

      In America, the grey area the Google cache is operating in is pretty white, as they are protected by the DMCA. Yes, protected; the DMCA has several provisions in it and they aren't uniformly evil. (I'd actually hate to see this one go, it protects not just Google but your ISP and a number of other parts of the network that need to be able to not care which of the terabytes they are transmitting are infringement.)

      If Italy doesn't have something similar, then I'd say at the very least, a lawsuit and subsequent actions are plausible. Lawmakers are about twenty years behind the times by my estimate and they won't start really realizing what the net means for another decade at least.

    3. Re:Google Cache going away? by interiot · · Score: 1
      Is it pretty clear that google falls under the "common carrier" clause of the DMCA in the US? From recent court cases, it seemed like a lot of judges don't grok "common carrier" where it regards the internet, especially when it doesn't look or smell like an ISP.

      Also, I don't know the details of other country's laws, but given that there's a lot of variety of opinions out there, even on big stuff like prostitution, marijuana, death penalty, etc... is it obvious that Italy does or should have a common-carrier exception in their copyright laws?

    4. Re:Google Cache going away? by interiot · · Score: 1

      Actually, the answers weren't as hard to google as I thought. Italy approved the EUCD (EU Copyright Directive) on March 28, 2003. The EUCD was based on US's DMCA, and includes a similar Take-Down clause. So it seems pretty clear that nobody at Google would be jailed as long as they complied with take-down notices.

    5. Re:Google Cache going away? by Anonymous Coward · · Score: 0

      I dont see how they can. They are not actually committing the crime in Italy, under any level. Unless Google has cached data on servers that are actually in Italy, what can the Italian court system actually do? Any way you look at it, they would most likely just have to go through another countries court system (whichever country is hosting the data in question).

  31. Sure by awhelan · · Score: 1

    I laughed at the idea of killing virus writers, then I celebrated when the Buffalo Spammer went to jail, but now I'm worried, I've shared plenty of files in my day....
    No more /. for me, I'm afraid the next time I refresh I'll see "US approves tar and feathering of wardrivers."

  32. Scouring for test cases by nacturation · · Score: 3, Interesting

    Now all we need to do is to find some areas where one of the officials who voted to pass this legislation violates this law themselves. Scrutinize everything the Italian government puts out to try and catch them posting material which is copyrighted. Time to make examples of them of how passing such a shitty law will come back to bite them in the ass.

    --
    Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    1. Re:Scouring for test cases by Linus+Sixpack · · Score: 1

      I wonder if prosecution requires copyright holders demand?

      That might make it harder to embarrass out of existance.

      LS

    2. Re:Scouring for test cases by mebon · · Score: 1
      That might be pretty easy.

      Any time they use a qoute from a book or movie online or in an email they would be violating this law. Same thing if they read a webpage or receive an email that contains such quotes. Typically (in the U.S.) these are considered fair uses as long as you don't go overboard on the amount of material that you quote. But by the strict letter of this law it would be transmitting or recieving copyrighted content and therefore a violation of the law.

      This law lets you mess with people you don't like. Use an anonymous email account to send them emails that contain such quotes. The instant they view the email they have violated the law.

      Go mess with your favorite Italian politician today!

    3. Re:Scouring for test cases by MacDork · · Score: 1

      Just take your DV cam to the next public birthday party they attend. Preferably, his own. Then you can lock up all his friends, supporters, and major financial contributers. :-)

  33. Idiots... by the_mad_poster · · Score: 0, Flamebait

    Italy Approves Jail for P2P Users

    Ahhh Slashdot. Nothing like coming into a psuedo newsite full of ranting loons going off against the bias of Fox News or anything else then seeing half-truth, inflammatory headlines like that just to grab people's attention.

    What you MEANT to say, of course, is:

    Italy Approves Jail for P2P Users Who Transfer Copywritten Materials Without Permission to Do So

    Which is, of course, already illegal in most places. Moral arguments about the punishment not fitting the crime etc. aside, it would be nice if Slashdot would at least pretend to be a news site every now and then instead of just trying to sell us ads by playing off of reactionary attitudes on this site.

    --
    Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    1. Re:Idiots... by Anonymous Coward · · Score: 0

      What percentage of P2P users trade only public domain content, or content specifically licensed for P2P sharing?

    2. Re:Idiots... by Anonymous Coward · · Score: 0

      Yawn.

      I don't see a single person misunderstanding the headline. Why not go somewhere else if you can't stand the loons?

    3. Re:Idiots... by anonicon · · Score: 2, Interesting

      "it would be nice if Slashdot would at least pretend to be a news site every now and then instead of just trying to sell us ads by playing off of reactionary attitudes on this site."

      Why? Your major and local media do the same thing on a daily basis. In that sense, Slashdot is as every bit a news organization as you pretend they're not.

      Chuck

    4. Re:Idiots... by Anonymous Coward · · Score: 0
      I'm too lazy to check but I assume you left an equally nasty post on the story about executing virus writers since that was a sensational and not true head line.

      I don't mind sensational head lines because I RTFA. They grab my attention and I read a bit, if the headline was way off base I stop reading. It works real well.

      I love having control over what I read it is so nice.

    5. Re:Idiots... by the_mad_poster · · Score: 1

      So.... your theory is that everything of this nature should be excusable as long as it's not the bottom of the barrel?

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    6. Re:Idiots... by RogerBacon · · Score: 1

      What are you getting cranky about? Sound like my Grampa.

      Look, the reason your Disney shares are dropping is because Mike Eisner can't make a decent product.

      Sending little Italian girls to prison for downloading "It's a Small World After All" ain't gonna raise the price of your shares.

    7. Re:Idiots... by anonicon · · Score: 1

      Nope, my theory is that, with rare exceptions, covering news like Slashdot or the media does is inherently bottom of the barrel.

      Peace.

  34. It's not so different from "John Lists" by Vengeance · · Score: 1

    I seem to recall that years ago a number of municipalities around the US raised a stink by publishing the names of people who had been convicted of the truly terrible offense of visiting a prostitute.

    I suppose it stopped when someone too high up was found on one of the lists.

    --
    It was a joke! When you give me that look it was a joke.
  35. Prime Minister Berlusconi by Anonymous Coward · · Score: 0

    Anyone familiar with Italy's PM, Silvio Berlusconi, founder of, among other things, Italy's first national commercial TV network, shouldn't be surprised.

    The analogue in the States might be President Orrin Hatch. (?) Except more corrupt and more successful.

  36. Ouch by cshark · · Score: 1

    Sounds like they're doing everything but Caining them.

    On the bright side, it doesn't sound like this is anywhere near over.

    --

    This signature has Super Cow Powers

    1. Re:Ouch by Anonymous Coward · · Score: 0

      Would suck to be turned into Adam n Eve's son... Does this have something to do with cloning?

    2. Re:Ouch by Anonymous Coward · · Score: 0

      Shnurg?
      What do you mean?

    3. Re:Ouch by Dun+Malg · · Score: 1
      "Caining", as in turning into Cain, the biblical brother of Abel, both sons of Adam and Eve. The OP misspelled "caning", meaning the punishment.

      Sheesh, am I my brother's keeper?

      --
      If a job's not worth doing, it's not worth doing right.
    4. Re:Ouch by Anonymous Coward · · Score: 0

      Oopz. Shuld be moar carefool uv thet speling stuf in the fyouchure. Soary.

  37. Selective Authorization by Eberlin · · Score: 1

    The SCO 699 principle -- Since I didn't specifically see anything about P2P, transferring content over the Internet would include stuff over the web.

    I post to slashdot and claim copyright to my comments (which Slashdot willingly concedes with "Comments are owned by the Poster."

    I then state in my comment that it is intended for viewing only by myself and trained monkeys from the San Diego Zoo.

    Thus any Italians who are in violation of this -- by logging onto slashdot and downloading this page with MY copyrighted material and without my permission are jailward bound.

    Hang on to your meatballs, dudes.

    Just a testament to how lame this law sounds. I understand what they're trying to accomplish, but this can't be the way it's supposed to be done.

    1. Re:Selective Authorization by Paulrothrock · · Score: 1
      Yes master! Don't let any Italians view our communiques!

      Sincerely
      Monkey # 5124

      --
      I'm in the hole of the broadband donut.
    2. Re:Selective Authorization by Anonymous Coward · · Score: 0

      Ack! Don't waste time surfing slashdot and get back to work on Aero!!! And remind #5127 that his code submission of (2c || !2c) does not count as Shakespearean and thus won't earn him the extra banana he was asking for.

  38. Yet... by NickRipley · · Score: 4, Interesting

    Did you ever notice how almost any "silver" or manufactured bootleg CD comes from Italy? Their law (unless it's changed lately) is that as long as you pay the artist/publishing company something, it's legal to make any recording for sale.

    This results in a lot of these bootlegging companies paying less than a cent per unit manufactured to the record companies for "compensation." This new law seems sort of extreme if they still allow this other behavior.

    --
    http://cassettefetish.com
  39. middle age? by golgafrincham · · Score: 3, Insightful

    as stupid as this new "law" is, but for this one:

    and the revelation of their misdeeds in Italy's two national newspapers, La Repubblica and Corriere della Sera.

    they should be kicked out of the european union instantly. i mean, sorry, but this is a punishment from the middle age.

    --
    beer as in "free beer"
    1. Re:middle age? by Anonymous Coward · · Score: 0

      Uh, yeah.

      Here in Florida, it is being considered (as in, a bill has been drafted) to require unmarried women to advertise their illegitimate children in a newspaper before being permitted to have an abortion. (I don't remember for how long. Knowing the tactics of that side, I wouldn't be surprised if it was 6 months...)

    2. Re:middle age? by rzei · · Score: 1

      why is this moderated as Flamebait? isnt it against everyone's common sense that if you blacklist people on national papers (which I assume have quite a lot readers) it will ruin the youngsters (possibly the most of the filesharers are youngsters) future. you know, at least more people will remember them as "criminals"...

      I have to say that I agree with the kicking out of EU idea.. Much strange, many see them as illegal and very questionable things have been done by their PM. Their prime minister owning the media.. That cannot be right. And those legistlation changes.

      I think the EU should shake up Italia a bit. The people of the country are good, at least the ones I know, but the political leaders... Simply aren't.

  40. I'd be less bothered by this... by NanoGator · · Score: 4, Insightful

    ... if consumers were getting a fair shake in the first place. The music industry can sell me an overpriced album without showing me what is in it, but I don't get a satisfaction guaranteed return policy. Therefore, the industry has no economic incentive to strive to make better content.

    Level the playing field before punishing consumers for being the only competitor this industry has.

    --
    "Derp de derp."
    1. Re:I'd be less bothered by this... by nwbvt · · Score: 1
      Do you really make it a habit to buy whatever Sony tells you to? I'm not entirely sure that Sony is the one you should be blaming if those are your buying habits.

      Besides, by your logic I should be able to sneak into Busch Gardens because they won't let me ride their roller coasters without buying a ticket.

      And what do you mean "...the only competitor this industry has"? What about books, movies, video games, TV shows, etc? And even within the music industry, there are many competing labels out there (some are bigger than others, but that does not negate the existence of the small guys). There is plenty of competition within the entertainment industry.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    2. Re:I'd be less bothered by this... by Anonymous Coward · · Score: 0
      1. Go to your local music store.
      2. See the stations that allow you to preview the music.
      3. Select a CD you think you might like.
      4. Bring it over to the preview station.
      5. Scan it's barcode.
      6. Legally preview the music before you buy it.
      Wow. That's so unfair.
    3. Re:I'd be less bothered by this... by Anonvmous+Coward · · Score: 1

      "Besides, by your logic I should be able to sneak into Busch Gardens because they won't let me ride their roller coasters without buying a ticket."

      Nowhere in NG's post did he advocate or imply that downloading music without paying for it is okay. Instead, what he's saying is that a theme park should not be allowed to make a big secret of what all the attractions are in a park, and then refuse refunds if the park has no appreciable value. There's nothing here about free/stolen admission.

      "And what do you mean "...the only competitor this industry has"? What about books, movies, video games, TV shows, etc? "

      Well, in that case, Microsoft's monopoly is okay because the internet competes with newspapers. And before you reply to me telling me what a stupid example that is, go back and reread your own rationale.

      "There is plenty of competition within the entertainment industry."

      They don't have competition with each other to speak of. As a result, prices don't drop, new services don't come along, and we've really only got one place to go to. Now go back and reread my previous respond.

    4. Re:I'd be less bothered by this... by NanoGator · · Score: 1

      "Wow. That's so unfair."

      Except you can't hear every song on an album. You have little idea what you're buying. Oops, guess it's not so fair.

      --
      "Derp de derp."
    5. Re:I'd be less bothered by this... by nwbvt · · Score: 1
      "Nowhere in NG's post did he advocate or imply that downloading music without paying for it is okay."

      Ok, perhaps you can cast more light on what he meant when he said this:

      "Level the playing field before punishing consumers for being the only competitor this industry has."

      I personally interpreted the "punishing consumers" part a reference to jailing consumers for distributing copyrighted work, thus it seems to me that he is arguing that consumers should be allowed to distribute the music if the record companies do not allow him unlimited access to the CD before he purchases it. But I will acknowledge the message was a bit cryptic, so I may be wrong.

      "Instead, what he's saying is that a theme park should not be allowed to make a big secret of what all the attractions are in a park"

      "Big secret"? Hell the record labels pay good money just to get whats on those CDs played on local radio stations. Thats hardly a "Big secret".

      "Well, in that case, Microsoft's monopoly is okay because the internet competes with newspapers."

      WHAT? Microsoft has a monopoly over the Internet??? They wish. I think you are a bit confused...

      Anyways, your analogy is still incomplete. He was talking about an industry having a monopoly, not a company. So instead, that should have read "The Internet does not have a monopoly over the exchange of information because it has to compete with newspapers." And that would be accurate.

      "They don't have competition with each other to speak of. "

      Of course they do. I've got $15. I go to Best Buy to buy a CD. But wait! I can buy a DVD that I want more for the same or lower price! Screw the CD, I'm buying the DVD. Both CDs and DVDs fulfill the same niche in my life, to entertain me. Thus they compete.

      "As a result, prices don't drop, new services don't come along..."

      Might want to check your facts buddy. Prices have dropped considerably if you factor in for inflation. And as far as new services coming along, I just posted the other day on /. about napster coming to Canada.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    6. Re:I'd be less bothered by this... by Anonvmous+Coward · · Score: 1

      "Ok, perhaps you can cast more light on what he meant when he said this: "Level the playing field before punishing consumers for being the only competitor this industry has."

      By 'level the playing field', I'm pretty sure he was referring to the number of times he bought a CD and it only had 1 or two songs he liked. Hence the appeal of downloading Mp3s.

      As for punishing consumers, I think he meant it less specifically than is assumed. (We've had a lot of discussion about this before.) They're being punished by locking the CDs. They're being punished by not being able to return CDs. They're being punished by being called thieves. Laws like the DMCA have been passed which can be a legal landmine when doing simple things like making MP3s or DivX copies of your DVDs. (Note: Ripping != piracy.) I'm not sure he meant the jail time for the offenders. He's said before that he doesn't really care a whole lot about the people who make them available. Unfortunately, and this is my own opinion here not NG's, they are the ones that have caused changes such as iTunes to happen. Taking them out means the record industry can do whatever the heck they want without opposition.

      "Hell the record labels pay good money just to get whats on those CDs played on local radio stations. Thats hardly a "Big secret"

      They play one or two teaser songs on the radio, they do not play every song on a CD.

      "WHAT? Microsoft has a monopoly over the Internet??? They wish. I think you are a bit confused..."

      Don't forget that I was poking a little fun at your own reference. But just to clarify, I was talking about Internet Explorer. They have a monopoly on the browser market.

      "He was talking about an industry having a monopoly, not a company."

      It is an oligopoly. Notice labels aren't competing with each other?

      "Of course they do. I've got $15."

      I see your point, and I accept it to a degree, however there's a large portion I respectfully disagree with. iTunes is the first serious attempt at innovation I've seen in a long time.

      "Prices have dropped considerably if you factor in for inflation."

      Wrong.

    7. Re:I'd be less bothered by this... by nwbvt · · Score: 1
      "I'm not sure he meant the jail time for the offenders."

      The context was in a reaction to an article about a law passed that could send music pirates to jail. In that context, I do not feel it is unreasonable to conclude that was what he was talking about.

      "They play one or two teaser songs on the radio, they do not play every song on a CD."

      Some do. But due to time constraints they can't be playing every album in its entirety all the time. If you want your local station to play more, blame them. Otherwise, listen to web casts. They play a lot more variety.

      "But just to clarify, I was talking about Internet Explorer. They have a monopoly on the browser market."

      That still doesn't make sense. That would be like me saying manufacturers of CD players compete with movie studios.

      BTW, thats still not a monopoly in the true sense of the word. Mozilla, Opera, Netscape, Safari, etc. exist, even if many consumers don't use them.

      "Notice labels aren't competing with each other?"

      May I have some of your crack? Record labels compete all the time. It is a highly cut-throat industry.

      "iTunes is the first serious attempt at innovation I've seen in a long time"

      Then I'll conclude you have not been watching them too hard. There were many other services before (including some with very similar conditions), they just never received the same popularity.

      As for the price controls, that is old news (and your article doesn't seem to cover it very well, as evidenced by the very second sentence which confuses "record labels" with "record companies"). A few points to consider:

      1. The purpose of the MAP scheme was to keep large stores like Best Buy from using CDs as loss leaders and put the smaller specialty and 'mom and pop' record stores out of business.
      2. That practice was voluntarily stopped years ago and it hasn't really affected prices at all.
      3. As the benefactor of the plan was the retail stores, the labels got no direct benefit.
      4. Stores still could charge lower prices, they just couldn't advertise them (to keep them from using CDs as loss leaders).
      5. If you really felt you were cheated, you could have gotten your money back in the settlement after the court case.
      6. It still does not change the fact that CD prices have fallen (taken inflation in account).
      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
  41. If anyone... by The+Fanta+Menace · · Score: 2, Funny

    ...needs someone to help them break this law, I am more than willing to assist.

    --
    -- Even if a god did exist, why the fsck should I worship it?
  42. Insurance Penalties Fines by kannibal_klown · · Score: 2, Interesting

    The fine isn't what deters me from speeding...

    It's the insurance companies that do.

    If I get caught speeding, sure, I have to pay a fine to the town / county. No biggie.

    But then, I get "points" on my insurance. And while those points stay there, I have to pay a higher premium.

    Frankly, getting jail time for P2P scares the crap out of me. I'm glad Im not in Italy.

    I mean, paying the RIAA a few grand is bad, but getting tossed in the slammer would really suck. Besides the obvious suckiness, you'd probably lose your job, and then have to admit you're a fellon for your interviews.

  43. In other news... by JonLatane · · Score: 0

    Construction of Mussolini's arch has resumed after a 50+ year hiatus.

  44. I know where I'm not going this summer!!! by mrmdls · · Score: 1

    Well that makes my mind up as far as travel plans this summer. Sorry Hon, we can't vacation in Italy this year, It be a little hard to explain why daddy's gone to jail for listening to music on his computer.

  45. The Need for Effective Anonymous P2P by Anonymous Coward · · Score: 5, Insightful

    I'm worried about how the international community is going to react to this law; I could easily see the XXAA's performing "research studies" that show that this form of legislation is effective and desirable, and should be used elsewhere.

    As I see it, one of the most effective ways to counter this is to use once again raise the technological bar of P2P technologies. A system where the user does not know or control what content is stored on their PC (a la Freenet) would eliminate the ability of the legal system to charge an individual for distribution. In order for this to occur, anonymous software systems need to be made more effective and easier to use for the average user.

    I'm sure many people will suggest that I just want to make sure things are easy to steal. The honest answer is that I don't; the same technology used to ensure illicit communications are caught could just as easily be used against legal but undesirable communications. The increased availability of raw information has revolutionized our society (just look at the Abu Gharaib scandal; that could not have happened a decade ago), and any attempts to restrict that movement must be opposed or countered.

  46. they cant put everybody in jail by Anonymous Coward · · Score: 0

    and that is what it will take to stop this.

  47. Slashdot by nkh · · Score: 1

    At the bottom of every Slashdot page is written: 'Comments are owned by the Poster.'
    If you read my message, you've just bought yourself a trip to prison...

  48. Not Suprising by Anonymous Coward · · Score: 0

    When most of italy's media is owned by that Italian president, and soft-core porn king and cretin Berlesconi, it isn't hard to imagine getting the newspapers on tack.

    I recommend reading "The Dark Heart Of Italy". It is a very good book which shows just how much control Berlesconi has over that country. It is pretty scary. Some people joke about Moussolini's return...they aren't too far wrong.

  49. No capital punishment? by MrRuslan · · Score: 1

    some not so computer litarete download viruses with there warez and therfore spread them and since they are thinking about excecuting virus writes, Should they at least be castrated?

  50. How do you know if you've been caught... by Rude+Turnip · · Score: 1, Funny

    You'll wake up with the head of the Napster mascot next to you in bed.

  51. Lemme guess... by Peden · · Score: 1

    Media mobster (and president) Silvio Berlusconi supported this? After all he owns most of Italy's tv stations.....

    1. Re:Lemme guess... by andrew71 · · Score: 0


      got it. at first guess.

      funny how (almost) former national communication company, now (mostly) gone private, just finished their ad campaign for fast flat-rate ASDL lines... that went like:

      "and now you can download your music and movies at full speed!!!!"

      this is Italy, my fellow slashdotters.

      and now, mod this down, Mr. My President!!!

      --
      13-4=54/6
  52. Mussolini, Berlusconi, who is next? by Anonymous Coward · · Score: 0

    It is about time for the Italians to wake up and form a real democratic country. I just don't understand how they can enjoy being rules by dictators for such a long time.

    1. Re:Mussolini, Berlusconi, who is next? by Anonymous Coward · · Score: 0

      Yeah, it's much better here in the states where we're ruled by corporations who have to at least *pretend* that they don't own us.

  53. I guess its time.... by AlexanderYoshi · · Score: 5, Funny
    I guess its time to tell my brother he has to delete all of that Italian porn from his computer, unless he can find those girl's written consent ;)

    -Alex

    1. Re:I guess its time.... by bobetov · · Score: 1

      I'd be happy to assume the legal liability in this case.

      FTP daemons are standing by!

      --
      Looking for a Rails developer in Chapel Hill?
    2. Re:I guess its time.... by chabotc · · Score: 0, Offtopic

      Your "brother" ... right.

    3. Re:I guess its time.... by No.+24601 · · Score: 1
      I guess its time to tell my brother he has to delete all of that Italian porn from his computer, unless he can find those girl's written consent ;)

      Shouldn't be that hard to ask your sister?

  54. uno che va in culo a sua madre by Anonymous Coward · · Score: 0

    vaffanculo you fucking morons

    "five foot two, he's proud as a stallion
    a Popeye chin and very Italian"

    Look it up. He's the boss in Italy!

  55. How does this affect trade relations in the US. by mobiux · · Score: 4, Interesting

    are we bound to accept copyright laws from other countries? I know the US government tries to push their restrictions on less strict countries.

    Does this mean that a US citizen could face extradition for copyright violation?

    Oh yeah, I blame this squarely on the Italian PM, who I am pretty sure owns most of the media in the country.

    1. Re:How does this affect trade relations in the US. by Anonymous Coward · · Score: 0

      are we bound to accept copyright laws from other countries? I know the US government tries to push their restrictions on less strict countries.

      Does this mean that a US citizen could face extradition for copyright violation?


      The day a US citizen is extradited for a crime that they didn't physically commit in the foreign country in question is the day I'll stop laughing at American law - because it'll have finally have stepped over the line from comedy into tragedy.

      Seriously, though, it's unlikely. The US does NOT like the idea of its citizens facing foreign courts - that's why, if you recall, the President has been granted the right to use military force to free US servicemen in the event that any are charged with war crimes by a foreign power.

  56. 5 million italians in jail by Katalyzt · · Score: 1, Funny

    little did they realize that when they logged into that Italian web site there was a copyright image on the page without the the permission of the copyright holder. time to build a LOT more jails eh Italy?

    --
    version 0.0002
  57. I might be reading a lot of Mario Puzo... by KrisCowboy · · Score: 1

    ...but such a rule in the land of Mafia? And how excatly does publishing the deeds in newspapers serve the purpose? Italian governement sure hasn't heard of Omerta.

  58. Publishing v. private communications by yintercept · · Score: 4, Interesting
    Those found guilty of the unauthorised distribution

    P2P is a form of publishing. When you publish information, you really should play by the rules of the publishing industry.

    You are correct in that the short blurb does not drawing a clean line on the difference between private communications and publishing. If Italy failed to draw this line then they have a flawed law.

    It seems to me that the aim of such measures is to draw a distinction between private communications and publishing. Forwarding to an email to a friend is just communication. Forwarding an email to a mailing list or posting it online is a form of publishing.

    calling P2P private communications to the world does not change the fact that it is a form of publishing.

    1. Re:Publishing v. private communications by Anonymous Coward · · Score: 5, Insightful

      now companies will copyright information about their wrong doings.

      and when people "publish" it in an expose, they get to go to jail.

      watch...it'll happen.

    2. Re:Publishing v. private communications by Anonymous Coward · · Score: 2, Insightful

      where do you propose this imaginary line between private communication and publishing be drawn?
      can i forward to 1 friend and still consider the material to be private communication?
      how about 2 friends?
      5 ? 80? im curious how you think legislation can fairly cover such a subjective area of interpratation

    3. Re:Publishing v. private communications by Fulkkari · · Score: 5, Interesting

      The article states earlier:

      The Italian parliament yesterday voted in favour of imposing jail sentences of up to three years on anyone caught uploading or downloading unauthorised copyright material to and from the Net.

      In my eyes it looks like you get to prison by using Google cache or similar. Am I wrong?

      Besides, how do you know if the copyrightholder have allowed you to download the content? Hell. It would even be dangerous to download "terms of service", because it is copyrighted.

      This thing is not going to work out very well.

      --
      I demand the Cone of Silence!
    4. Re:Publishing v. private communications by Anonymous Coward · · Score: 1, Informative

      Two words for you friend: Diebold Memos.

    5. Re:Publishing v. private communications by Anonymous Coward · · Score: 0

      Another option is to change the rules of the publishing industry, and that's where you realize how politics work: Money buys the laws. IMHO, many people have lost their faith in the law and follow it not because they believe in doing the right thing but because they fear getting caught. That is a very bad development and it is largely due to absolutely ridiculous exploitation of the legal system by big business.

    6. Re:Publishing v. private communications by br0ck · · Score: 5, Funny

      I'm going to change my name to a copyrighted haiku. Then the two Italian newspapers won't be able to publish my name online without facing criminal charges themselves. ;)

    7. Re:Publishing v. private communications by Anonymous Coward · · Score: 0

      I don't know about Italy, but in the US, the DMCA protects temporary caching as fair use. So you probably haven't infringed copyright law until you you've move the material out of your browser cache and into permenent storage.

      (sit back and wait for a bunch of norberts to poke technical holes in this idea.)

    8. Re:Publishing v. private communications by yintercept · · Score: 1

      I am all for changing the laws. It seems to me, however, that we will never get legal reform as long as their is a general perception that the online crowd has any intention of ever obeying any law.

      Likewise, there's more than just the /. crowd that cares about the publishing industry. The publishing industry (all the writers, musicians and content providers) will reject any law that essentially destroys their ability to make a living from their work.

      My experience with the P2P crowd is that they copy music because they love the ego boost, or because they have a second means for making cash (for example including adware with the P2P program).

      I am upset by the excessive length of copyrights, and the way that big publishers have corralled large segments of the market. The fact that big business is able to suppress the market by building dependencies into products is a major problem. In my opinion, the secret to reform is to emphasize those elements of copyright reform that will help small content providers against large providers, and ignore these arguments that publishing the collected works of the Beattles to a P2P server is just like sending an email or making a single backup copy of a work.

    9. Re:Publishing v. private communications by sploxx · · Score: 1

      I also thought about this.

      Today's P2P apps have no notion of "friends". Everyone is a foreigner to everyone. Making available material can more or less clearly be called "publishing".

      But what happens if you have a P2P app that copies files only between friends, friends you did manually enter into the system? What happens if you request a file from your friend but which originates from your friend's friend? What happens if you forward requests from friends?

      This shows IMHO, that either the concept 'fair use' or 'private/non-commercial copyright violation' is outdated.

      Disclaimer: This is only to spawn more discussion, not to promote copyright violation!

    10. Re:Publishing v. private communications by jdog1016 · · Score: 1

      That is ridiculous. The law is about P2P, not publishing. Whether P2P is a form of publishing is irrelevant.

    11. Re:Publishing v. private communications by Anonymous Coward · · Score: 0

      P2P is a form of publishing. When you publish information, you really should play by the rules of the publishing industry.

      That's a very stupid way to think.

      P2P is a form of sharing. P2P is less like me publishing a book and selling it in your local bookstore and having a promotional tour and making profits than it is like buying a book and reading it them letting a friend borrow it and read it.

      The publishing industry hates libraries and used book stores and amazon's used book service. If these industries have their way, sharing a book in meatspace with someone will become illegal and punishable by fines and prison time. You'll have to get licenses for every person that watches a DVD in your home, because you only paid $30 for that DVD for *you* to watch it... your children, spouse, extended family and friends all have to pay their own fee to watch.

      "like publishing.. hah... my fucking ass it is.

    12. Re:Publishing v. private communications by jonbryce · · Score: 1

      They can only copyright information they created themselves, and if they did create it themselves, they already have copyright without doing anything.

      Of course, there are public interest exemptions.

    13. Re:Publishing v. private communications by aardvarkjoe · · Score: 1, Troll

      It's commonly believed on slashdot that copying copyrighted material and giving it to your friend is legal. It's also commonly believed that this is called "fair use." Both of these are misconceptions (the former may sometimes be true; the latter is wrong.) "Fair use" applies to duplicating a copyrighted work for comment, criticism, education, etc. -- burning a copy of the latest Britney CD is not covered.

      If you're going to comment on copyright issues, do yourself a favor and read Title 17, Sec. 107 -- link. (In fact, it would do the slashdot crowd good to read the whole thing -- it's really not that long, and they might not come off sounding so stupid most of the time.)

      This isn't intended as a flame towards you; it's just that since we see thousands of posts on slashdot every single day about copyright issues, we ought to at least understand a bit about copyright law.

      --

      How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
    14. Re:Publishing v. private communications by xerph · · Score: 3, Interesting

      I'm going to change my name to a copyrighted haiku. Then the two Italian newspapers won't be able to publish my name online without facing criminal charges themselves. ;)

      Why stop there, as long as you're having some fun with the laws of the land there's plenty of other ways to play. AFAIK, it would seem that in the US for example it would be fully possible to copyright a virus and add some sort of encryption to it. As soon as an anti-virus company reverse engineered it to release a fix you could hit them for DMCA violations.

    15. Re:Publishing v. private communications by Anonymous Coward · · Score: 0

      The concept of "fair use" was created by the courts, recognizing rights inherent in people which have not been modified by the constitution. Section 107 provides some EXAMPLES of fair use, not the full quantum.

      Besides, I think there is a very plausible argument that (a) the ability to make copies and the act of doing so form a good portion of people's enjoyment of any given work, and are amongst what they paid for; and (b) learning how to copy has an educational purpose. In fact, it has an inverse relationship to efforts to prevent it. "The more you tighten your grip, the more who slip through your hands." What is more educational than learning how to perform the slip-through?

      Thus, in a way, DRM creates greater fair use rights.

    16. Re:Publishing v. private communications by Anonymous Coward · · Score: 0

      There are good indications that people do not want to "pirate" but prefer a nice organized shop even if they have to pay.

      There is no consensus however that something which has been going on for as long as music is sold on media cannot continue just because we live in a digital world now: Copying among friends. The entertainment industries are throwing their whole weight into the fight to abolish fair use. They're criminalizing people who override CSS in order to watch DVDs whereever they want for chrissakes. I own a DVD-player. Due to lack of inlets, I have to connect the DVD-player via the VCR. I have a small stack of (original) DVDs. Can I use them without having to rewire everything? No. Macrovision kicks in. I will never buy a DVD again. It's supposed to be entertainment, not a perpetual struggle with stupid DRM. Like I'm going to make a crappy VHS recording of a DVD, or wouldn't know how to make one if I really wanted to.

      Then there's the whole pricing issue. An album in the iTunes store is already about as expensive as a CD, and now the music industry demands higher prices? That's gluttony, plain and simple. And it's only possible because of laws which keep our cultural environment in monopolistic hands for as long as we and our children will live. When people start laughing about the way you looked when you first sang your song, then it's high time you stop making money off it and produce something new.

      I swear, if I ever see someone who was on MTV Cribs complain about music pirates, I'm going to buy a gun and learn how to shoot to kill. We can see that you buy the law -- this is not our law. If the people with the big bucks don't have any decency left, why should we honor their law?

    17. Re:Publishing v. private communications by jeffasselin · · Score: 1
      It's commonly believed on slashdot that copying copyrighted material and giving it to your friend is legal. It's also commonly believed that this is called "fair use."

      In Canada, a great country where we still have civil rights, and where we can watch DVDs on Linux legally, it is legal and called "fair use" to borrow a CD from a friend and make a copy. File-sharing is also, for the time being, legal.

      This is all just a question of what is legal. Well, you know what, I don't so much care about the law and its letter than I care about ethics and the advancement of modern civilisation, and I say that making P2P file sharing illegal - even worse, a criminal offense is an incredibly stupid idea.
      --
      If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
    18. Re:Publishing v. private communications by Anonymous Coward · · Score: 0
      If these industries have their way, sharing a book in meatspace with someone will become illegal and punishable by fines and prison time.

      You are right. There are people in the publishing industry who would like to close all libraries...but they don't get their way either.

      There's a lot more people in the publishing industry that realize libraries have tremendous buying power, and keep their books available to the public long after the limited print runs. Publishers also realize that an active resellers market increases the amount that they can charge for books. Not everyone fits in the mold that you cast for them.

      Putting blinders over your eyes so that you don't see what you are doing is just a form of delusion. Mass delusion does not justify an action.

      Publishing on a P2P network is a form of publishing. Just like publishing information in a blog is publishing and publishing information on a web site is publishing and sending out a newsletter is publishing.

      BTW, having extremely restrictive licensing on a product means that you can rent movies on the Internet for well under $30. Currently, you can download movies from MovieLink for $2 to $5 a pop. When you consider that each movie requires about 600MB of bandwidth to deliver, this is a reasonable price. The key to this service is that the program auto deletes the movie after your viewing.

      The reason _some_ publishers push for single view products is that they can price the products lower.

    19. Re:Publishing v. private communications by shaitand · · Score: 1

      "burning a copy of the latest Britney CD is not covered"

      That's true, copyright grants control over distribution not copying or any other form of use.

      Copying the latest Britney CD and giving to a friend is distribution and this is within the copyright holders authority... doing it without their permission isn't illegal, but it is copyright violation (civil not criminal matter).

      Since copyright violation isn't theft, it's copyright violation, downloaded materials of course don't count as stolen property... downloaders aren't breaking the law, those sharing the files are (in most cases with p2p your doing both however). But that has nothing to do with fair use either.

      Burning a Copy of YOUR OWN Britney CD is use, not distribution and therefore is NOT covered under the ONE conditional time-limited right granted via the copyright.

      It's perfectly legal for you to do it because the material in question of course is public property and the copyright holder merely has a contract giving him control of ONE thing and ONLY ONE THING , distribution. You can't distribute to yourself.

      Fair use is a list of exceptions to that one thing, fair use defines when you can distribute the work despite the time limited copyright contract.

    20. Re:Publishing v. private communications by aardvarkjoe · · Score: 1
      First off, you're right about the "copying the Britney CD" thing. I meant to specify the part about giving it to a friend. Good catch.

      However, according to Sec. 106,
      Subject to sections 107 through 121, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
      (1) to reproduce the copyrighted work in copies or phonorecords;

      The law certainly says that it covers reproducing (copying), not just distribution. It so happens that most instances of copying without distribution are allowed -- making backups, format shifting, and so forth -- but copyright law itself governs the legality of doing so. (Remember the DMCA.)
      --

      How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
    21. Re:Publishing v. private communications by mark-t · · Score: 2, Insightful
      How would you know?

      Common sense, 99% of the time.

      Think about it... if you see the full Spiderman2 movie on your favorite peer-to-peer network several weeks before the movie is even out in theatres, it's not that big a stretch to come up with the idea that this might be getting distributed without consent of the copyright holders.

      Of course, the flip side of this is that if you are downloading something called "mary had a little lamb.mov", and it just so _happens_ to be the full Spiderman movie, depending on how good your lawyer is, you just might be able to get off on the principle that you didn't have enough information to have reasonably deduced before you downloaded that the information was copyrighted and being illegally distributed. But depending on the judge, you may find that isn't enough. After all, if you are using a filesharing network where the bulk of the shared information is being distributed without consent of the copyright holder, a critical judge may consider the idea that you could be so completely ignorant of the nature of the content you are downloading to be stretching the truth beyond credulity (especially if there are multiple infringements).

    22. Re:Publishing v. private communications by Cromac · · Score: 1

      I belive the way it works is they can only copyright the presentation of the information, not the information itself. Data, facts, recipies are excluded from being copyrighted in the US.

    23. Re:Publishing v. private communications by Cromac · · Score: 1
      Just noticed your UK URL, if you're in the UK the exact interpertation of copyright law may (and likely is) different.

      What are the copyright laws in Italy? I doubt they'll be going by whatever is defined as copyrighted anywhere else.

    24. Re:Publishing v. private communications by |<amikaze · · Score: 1

      But you can't burn a copy for a friend :D

    25. Re:Publishing v. private communications by Chandon+Seldon · · Score: 1

      If recipies can't be copyrighted, then why can computer programs / computer source code?

      That makes absolutely no sense.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    26. Re:Publishing v. private communications by konmaskisin · · Score: 1

      Where did the publishing industry come from? It came from folk culture. It took over folk culture and imposed a legal framework on it. The notion of "property" that was "intellectual" was invented out of whole cloth to protect the interests of the powerful and the owners of equipment. On your reasoning "... [w]hen you publish information, you really should play by the rules of the publishing industry" the entire publishing industry has failed to "play by the rules" of the culture it stole from for over 200 years (since 1793 say). Thus, using your own argument we know that they have no claim whatsoever to the "naturalness" of their property.

      Folk culture (Brothers Grimm etc) was stolen by the likes of Disney and Berlusconi. It disappeared, but now folk culture is coming back. We don't need these companies to "publish" for us. Berlusconi's corps do not provide useful "publishing" services anyway (any more than any other company), all they do is exert editorial control on information.

      Oh and the law completely misunderstands the technology of the Internet: it means everything is illegal since it is all copied without authorization. A good lawyer now to argue: "by placing your materials on the Internet you (corporations or individuals) automatically grant the right to its transmission".

      After all if you place content on the network you "should play by the rules of the [network]".

    27. Re:Publishing v. private communications by jonbryce · · Score: 1

      If you photocopy a recipe from a book, then that would be copyright infringement. However the idea of mixing various different types of food in a certain way to get a particular end result is not covered by copyright law, it is covered by patent law.

    28. Re:Publishing v. private communications by Anonymous Coward · · Score: 0

      That makes absolutely no sense.

      And that is unusual for lawmakers in what way?

    29. Re:Publishing v. private communications by Anonymous Coward · · Score: 0

      So, yelling is publishing. Perhaps we should require licenses for speaking above a certain volume. That would be reasonable for you? And if I tell something to someone else and they repeat it then I have published my private communication? Is that correct in your esteemed opinion? I think you're the one on a slippery slope here.
      Italy may do as they please, but in the US we have a constitution that makes it quite clear that free speech rights must be conserved with prejudice.

    30. Re:Publishing v. private communications by Pofy · · Score: 1

      >It's commonly believed on slashdot that copying
      >copyrighted material and giving it to your
      >friend is legal. It's also commonly believed
      >that this is called "fair use." Both of these
      >are misconceptions

      Actually it is not always a missconception. It depends a LOT on what one is talking about. some countries specifically allows such copying for example. In Sweden it is legal to make copies (in low quantities) and give to family and close friends for example. Thus it is not at all a missconception. The equivalency to "fair use" is handled and written differentyl into the law though but the best translation of it in my opinion is that it is the equivalency of fair use.

    31. Re:Publishing v. private communications by della · · Score: 1

      IANAL, but AFAIK copyright is almost the same in all countries.

      --
      -- Matteo
    32. Re:Publishing v. private communications by mpe · · Score: 1

      P2P is a form of publishing. When you publish information, you really should play by the rules of the publishing industry

      Plenty of business models (including some which existed for far longer than third party publishing) have gone extinct. Typically because someone, using some new technology, did not "play by the rules".

    33. Re:Publishing v. private communications by mpe · · Score: 1

      Where did the publishing industry come from? It came from folk culture. It took over folk culture and imposed a legal framework on it. The notion of "property" that was "intellectual" was invented out of whole cloth to protect the interests of the powerful and the owners of equipment. On your reasoning "... [w]hen you publish information, you really should play by the rules of the publishing industry" the entire publishing industry has failed to "play by the rules" of the culture it stole from for over 200 years (since 1793 say).

      Actually the publishing industry is very much a creation of copyright laws. Which were originally intended for state control over what was (and was not) published. The idea of them having anything to do with protecting authors, which was incorporated into the US Constitution, is a later development.

      Thus, using your own argument we know that they have no claim whatsoever to the "naturalness" of their property.

      The whole concept of "intellectual property" is a fiction. The real issue is along the lines of "Does it make sense now to pretend that X is like a piece of physical property?" (Rather than "Did it make sense some time in the past, be it a couple of centuries or a couple of weeks ago.)

      Folk culture (Brothers Grimm etc) was stolen by the likes of Disney and Berlusconi. It disappeared, but now folk culture is coming back.

      Did it ever really go away? Things such as "fan fiction" are more noticable a website than with a limited circulation "Fanzine".

      We don't need these companies to "publish" for us. Berlusconi's corps do not provide useful "publishing" services anyway (any more than any other company), all they do is exert editorial control on information.

      Not to have that control is probably a terrifying idea for people like Berlusconi.

    34. Re:Publishing v. private communications by Anonymous Coward · · Score: 0

      Don't forget the 54 page EULA, asking for permission to be owned!

  59. Lunacy - cycle repeats in every country by bigberk · · Score: 4, Informative

    This is the kind of lunatic laws you get when the recording industry lobbies government (hey, they got the cash!). Even in dear old Canada, where the courts protect our privacy through ISPs and uphold our right to freely copy media we own, the recording industry is lobbying government to change Canadian copyright law. If our government ratifies WIPO, as the industry is pushing them to do, we'll lose many of the media rights we enjoy (this will bring the DMCA into Canada). Please, visit our Digital Copyright Canada site, sign the Petition for Users' rights, and make digital freedom an election issue!

  60. ok, so... by Anonymous Coward · · Score: 1, Insightful

    lets say we all live in italy (just for the sake of arguement).

    Now, lets say I write an email to you, and you think the email is funny, so you forward it to another friend. now guess what, I _own_ you, why? well because you just broke the law, and I could press charges against you for distributing my email (which to me is a valuable copyrighted item that I did not give you permission to distribute)

    The above example is intended to demonstrate how fucking insane this law is. Please mod me up so ignorant people can see it ( i posted anon so i wouldnt whore the karma)

  61. Why don't they adapt themselves? by famazza · · Score: 2, Interesting

    I think that world record industry should apapt instead of sue.

    They must find a way to distribuite music easily and and cheaper. Music stores are getting obsolete, webshops like Amazon takes too long. How long does it take for downloading a whole CD?

    Prices are too high. But downloads aren't fast enough. They must avoid people from downloading any kind of music by giving them reasons to do so.

    Jailing your own customers aren't a good options. Nobody buys CDs in jail.

    The solution is to lower price, I think that US$ 5/CD or US$ 0,25/track are good prices, low enough to avoid people for downloading music. In Brazil piracy is so evolved that you can buy a CD for US$ 2,00, and you can buy a CD on every corner. Many people prefer to low quality CDs because it's cheaper, easier and faster, there's always somebody selling pirated CDs.

    That's the solution. Make downloading boring and time-consuming, so it's better to buy a CD (or tracks) then to download it from any P2P network.

    --

    -=-=-=-=
    I know life isn't fair, but why can't it ever be un-fair in MY favor!?
  62. Bush and Berlusconi BFF by chemstar · · Score: 1
  63. Re:Italian law? Texas tradition! by Anonymous Coward · · Score: 0

    I live in Texas and once a week all arrests are published in the local newspaper.
    All lawsuits, foreclosures, liens, divorces, bankrupcy's and every other manner of legal whatnot is also published.
    I imagine if you'd tear yourself away from your computer monitor long enough to go purchase a newspaper you'd find the same things are also published in your local paper to.

  64. Time for http://entropy.stop1984.com/en/home.html by Anonymous Coward · · Score: 0

    Now it is really time to switch to anonymous P2P systems like Entropy: http://entropy.stop1984.com/en/home.html
    Entropy totally rules!

  65. Berlusconi is a media baron. by Colin+Smith · · Score: 4, Insightful

    Newspapers, TV, radio, film it isn't at all surprising that he thinks copyright infringment should be considered a criminal act rather than a civil one.

    Oh, and he's being prosecuted for attempting to bribe a judge. He had a law passed which would give him immunity from prosecution while he was in office. It has since been overturned.

    Did I forget to mention that he's the Prime Minister of Italy?

    --
    Deleted
    1. Re:Berlusconi is a media baron. by rongten · · Score: 1

      Being prosecuted does not mean being guilty, last time I checked in a democratic country.

      That's right, immunity WHILE in office. Sooner or later he will undergo the trial, it is not suspended forever.

      I see there is a lot of misinformation around.

      --
      Zed: Nothing is ever easy
    2. Re:Berlusconi is a media baron. by elpapacito · · Score: 1

      Yes being prosecuted doesn't mean the prosecuted is guilty. He was found guilty of corruption but know what...he couldn't be punished because the terms for prosecution expired.

      At least italian voters can comfort themselves thinking they're not the only "advanced" country fooled by a ton of rethoric and by a media that is anything but "liberal".

    3. Re:Berlusconi is a media baron. by rongten · · Score: 1

      This is new to me. I had the impression that he never was found guilty, otherwise the newspaper would never finish telling it to the readers.

      I guess I'll have to check.

      On the other side, I did not use a clock to take the timings, but I have seen on the italian TV much more people (and for longer time) from the opposition that from the government.

      But I guess it is possible that the time spent listening to them is longer for me than what in reality is.

      --
      Zed: Nothing is ever easy
    4. Re:Berlusconi is a media baron. by elpapacito · · Score: 1

      Start from this link (in italian, try babelfish.

      Give up the timing thing, unless you follow all televisions 24h a day for 365 days. Berlusconi isn't a fool , as his mediacenters know exactly how long can his "hawks" remain on TV so that nobody can tell he or his representative were on tv for too much time. Don't look for enormous sizable errors as thanks to the support of his hired brains he will not do one.

    5. Re:Berlusconi is a media baron. by rongten · · Score: 1

      I do not understand.

      The bottom line is that he has been completely
      acquitted from any wrongdoing, even if in the past
      he was judged innocent only due to the time factor.

      On the other side, I do not doubt he is a smart guy.
      Clever ? Maybe he should have stayed outside politics,
      he would have spared a lot of sofferences.

      Well see what the Italians will do next elections.

      --
      Zed: Nothing is ever easy
    6. Re:Berlusconi is a media baron. by elpapacito · · Score: 1

      I'll explain

      1. If a tree falls and you don't see it falling, does that mean the tree is still standing ?

      1. If a person is cleared and avoid prosecution only because of a technicality, does that make the person innocent ?

      Italians were "won" by Berlusconi because of his masterful use of rethorics and methods of mass mediatic communication and because of the lack of ANY serious opposition. Italians basically bought the line that "if he's so good at managing his empire, then it must be good at managing state" which is obviously a non-sequituer, but the lack of a strong opposition, prepared to counter attack the flaming rethoric and propaganda won him the elections.

      Even now the routine gets repeated over and over, exactly like Neo-Cons minions do in America calling "liberal" anything that moves , Berlusconi minions call "communist" anything that moves. And the opposition in italy doesn't really know how to handle that , while in U.S. some opposition is finally forming and preparing (but the situation is a lot more complicated by war).

      People also bought into the concept that a strong unopposable majority is a good thing, because it makes the decision process quickier and more manageable ; while that's true from a management point of view, it is a total failure from a political representative one when the majority utterly refuses even to -discuss- arguments with the opposition, littering them with "you communist" or "you liberal" attacks or more substle rethorics. It's like talking to a wall, therefore the minority (even if the minority is a good 45% of population) gets no representation and no voice. How can this be good ?

  66. The only one that should be put in jail by Anonymous Coward · · Score: 0

    is Berlusconi himself.

    And please throw away the keys.

  67. So let me guess... by Anonymous Coward · · Score: 1, Interesting

    ... in Italy this punishment is harsher than for discharge of a firearm in a public place? For careless driving that gets someone killed?

    Where is proportionality? Where is "punishment fits the crime"? WHAT are they smoking over there???

  68. Just recite this every time you think of using P2P by sagneta · · Score: 1

    Just recite this every time you think of using P2P in Italy.

    Luca Brasi:

    Don Corleone, I am honored and grateful that you have invited me to your daughter... 's wedding... on the day of your daughter's wedding. And I hope their first child be a masculine child. I pledge my ever-ending loyalty.

  69. You guys don't understand by Anonymous Coward · · Score: 1, Funny

    In Italy, criminal offence definitions and stated penalties cannot be directly compared to their US counterparts. To understand how this law is going to be enforced, use the conversion coefficients below by taking the US figure and multiply it by the coefficient:

    Will anyone will ever be charged with this violation: .05
    Will anyone charged with this crime ever spend time in jail: .001
    Will any law enforcement agency systematically seek to detect violations: .00001
    Number of people who'll be deterred from using P2P as a result of this law: .0001

    1. Re:You guys don't understand by mauro2 · · Score: 1

      It appears that many were scared.
      You can have a look at the italian internet traffic here

      http://www.mix-it.net/index_flash.htm

      If you examine the monthly or the yearly graph you can notice that after may 15th the traffic is dropped by 45-50%.

      the "mix" is the high speed lan connecting all the italian providers - it gives the measure of the intra italy traffic, that includes universities, businesses and home users.

  70. Traffic Analysis in Italy by Anonymous Coward · · Score: 0

    this law caused a huge drop of internet traffic in italy:
    see Traffic Analysis for MIX (the biggest italian node)
    http://www.mix-it.net/brontolo/cgi-bin/14al l-Total e.cgi?log=totaltraffic

  71. What is this, Fox News? by Anonymous Coward · · Score: 2, Informative

    The article title is a little bit misleading, no? You can go to jail for transferring copyrighted files (I'm not saying this is cool), not for simply using P2P services.

  72. 154 and 1032? by turnstyle · · Score: 0

    154 and 1032? If only that was 128 and 1024, at least then it would make sense.

    --
    Here's what I do: Bitty Browser & Andromeda
    1. Re:154 and 1032? by della · · Score: 1

      :-)

      It's because fines are still normalized on liras, even if we have Euros now. Those numbers would be, respectively, 300000 and 2 million liras.

      --
      -- Matteo
  73. Bogus arguments 101 by yintercept · · Score: 2, Insightful

    Including information in a lawsuit is not a form of publishing. When you wish to expose wrong doing in the press, you can do so by writing your own copy with citations and references.

    1. Re:Bogus arguments 101 by Short+Circuit · · Score: 1

      That's irrelevent. The information isn't being included in a lawsuit, it's being published in a paper to prove a point.

      However, his argument doesn't work either. AFAIK, copyrighted information may be included in a journalism piece.

    2. Re:Bogus arguments 101 by hunterx11 · · Score: 2, Interesting

      Actually the Scientologists got pissed off because their ubersecret documents which you have to spend years and thousands of dollars to get to are now a matter of public record since they were evidence in court.

      --
      English is easier said than done.
  74. The definition of economic fascism? by Anonymous Coward · · Score: 0

    Mussolini defined economic fascism as "the combination of the state and corporations".

    Seeing as how this law uses the state to protect corporate interests rather than the interests of the people, isn't this a form of economic fascism?

  75. I'll bite... by Anonymous Coward · · Score: 0

    Not when the vast majority of them are for pot, which is far less dangerous and far less addicting than either alcohol or tobacco.

    And of course you know that "gateway drug" garbage has been empirically disproved. Or maybe you work for the textile industry and have a vested interest in the hugely hypocritical and totally ineffective War On Some Drugs?

  76. Doesn't This Make the Web Illegal in Italy? by sabat · · Score: 4, Interesting


    Since the web works by transferring content, and since in the EU all content is automatically granted copyright protection from the moment of inception: isn't the WWW now illegal in Italy?

    --
    I, for one, welcome our new Antichrist overlord.
    1. Re:Doesn't This Make the Web Illegal in Italy? by shish · · Score: 1

      It's only illegal if you copy something you don't own without the author's permission, as it always has been...

      --
      I mod down anyone who says "I will be modded down for this", regardless of the rest of their comment
    2. Re:Doesn't This Make the Web Illegal in Italy? by protoshoggoth · · Score: 1

      Probably not. Unauthorized uploading and downloading is prohibited. Presumably by placing your *own* content on the net you are implicitly giving people permission to download it (but not necessarily to then re-upload it). I would imagine that if you "stole" the code/content from a website and then re-uploaded it, yes, that would fall under this, hem, law.

    3. Re:Doesn't This Make the Web Illegal in Italy? by sabat · · Score: 1

      The point is that unless they pass a law that says that posting something on the web grants implicit permission to copy, no one has permission to look at Italian web pages -- at least in Italy.

      Each web page would need to have a list of explicit permissions, to copy the CSS, each graphic, the javascript, flash, and all HTML (including frames).

      Otherwise, downloading a single web page could invoke multiple violations of copyright.

      --
      I, for one, welcome our new Antichrist overlord.
    4. Re:Doesn't This Make the Web Illegal in Italy? by stubear · · Score: 1

      No,no, no. This new Italian law makes distribution punishable by fines and/or jail time, not downloading content. If I put content on the web site for people to download I am giving them permission to obtain a copy under standard copyright laws. If they turn around and host this content themselves and offer it for downloading by others without my consent then they are distributing content without my permission and punishable by this new law.

  77. entrapment! by Anonymous Coward · · Score: 1, Insightful

    say i take a picture of my art, and then scan that picture to as high resolution as possible, then post it on my webpage under Art, including the upload timestamp etc etc etc

    then, say i send that art of mine to a friend in italy. if he sends it to someone else without asking me first, are they both assumed guilty of this new law?

    if so, someone could draw a farily funny comic, copyright it (put it on their page and hell, even have video of them drawing the original strip), and then email the strip to a few people... within a few days, if it's funny enough, so many people would have "illegally" send AND received copyrighted material without the author's consent, it could bring down, say, the entire senate?

    also, it says "...caugh downloading..." ... what if someone used the excuse "someone hacked my computer and force-downloaded those files" ... or even have a web script that auto-sends certain info to a user... copyrighted material in a cookie file?

    the possibilities are endless.

  78. a tad excessive... by jazzer · · Score: 1

    3 years in jail? I've heard of people in Canada only getting 5 years for murder.... However, that might be a flaw in the Canadian legal system.. Seriously, isn't 3 years a little excessive?

  79. This is why we need Copyright Reform by AgentTim3 · · Score: 4, Interesting

    The whole problem is that we've allowed corporations and other commercial entities to redefine what "illegally copy" means. I mean really, who was it that decided to give them this kind of Godlike power, without any associated responsibility or accountability??

    Anyway, I think there's a way to fix it that would be simple and fair for everyone. We need to change the legal definition of what a copyright means. Simply put, a copyright should grant the creator of a work the sole ability to collect revenue based on any use of that work. That's it, that's what you get, and nothing more. You write a book, record a song, make a movie, and you're the only one allowed to make money from it.

    If someone is doing something with your work but not cashing in, guess what? Tough beans. You don't get to pull out any bullshit about "lost profits", because all that does is make for more lawyers arguing what that means, and God knows we've got enough of those. You've been granted the right to be the only person in the country who can legally make money from any use of your work, and that's an immensely powerful right. Sorry, but you don't get to have that, AND make that money by sitting on your ass suing people.

    Now likewise, if you ARE using someone's copyrighted work to make money, we're going to come down real hard on you. Money always leaves a trail. And the Justice Department will have more than enough bulldogs freed up from hunting fileswappers to chase you down. Not to mention that income has to be -reported-. Try avoiding that, and see how quick the IRS gets after you too. Changing the currently unbalanced copyright laws to be fair to all sides means there will be more serious enforcement.

    Ok, I don't really know how great a solution this is and it was a quick explanation, but this being Slashdot I'm sure someone can add something to it.

    1. Re:This is why we need Copyright Reform by Cereal+Box · · Score: 1

      Simply put, a copyright should grant the creator of a work the sole ability to collect revenue based on any use of that work. That's it, that's what you get, and nothing more. You write a book, record a song, make a movie, and you're the only one allowed to make money from it.

      That might work if it weren't for the fact that it costs lots more money to record, produce, and (most importantly) distribute than most people can afford. That's why artists get financed through companies. Their rules state that they give you money and in return they get most of the profits. That's just how it works.

      Now likewise, if you ARE using someone's copyrighted work to make money, we're going to come down real hard on you.

      Why is it that as soon as you put money in the equation then piracy isn't okay? I mean really, what's the difference between giving a million people a copy of something for free and giving a million people a copy of something for, say, a penny? What magical line did the person just cross that makes one act "not cool" to piracy advocates?

    2. Re:This is why we need Copyright Reform by cdrguru · · Score: 1
      All this would mean is that electronic distribution would dry up. If all electronic copies are freely distributable - as long as no fee is charged - you have the situation where it is impossible for anyone to make money once it gets out in digital form.

      People would set up web sites where you could download everything and use as a loss-leader to get you to come to their web site and buy other stuff they could charge for.

      I don't know how you could control this either. For software it would mean the end of distribution, period. Once it was sold in digital form it could be redistributed freely. OK, that puts Microsoft effectively out of the game. And Adobe. And anybody else that does not believe in "everything should be free". Everyone would have to scramble to make things utterly undistributable except on a 12-pack of DVDs that would be impractical to distribute any other way.

      I don't think I would like this at all!

    3. Re:This is why we need Copyright Reform by AgentTim3 · · Score: 1

      That might work if it weren't for the fact that it costs lots more money to record, produce, and (most importantly) distribute than most people can afford. That's why artists get financed through companies. Their rules state that they give you money and in return they get most of the profits. That's just how it works.

      Forgive me, I didn't mean to imply that licensing agreements would also be nixed. Change "only one" to read "original copyright holder as well as anyone they license their rights to".

      Why is it that as soon as you put money in the equation then piracy isn't okay? I mean really, what's the difference between giving a million people a copy of something for free and giving a million people a copy of something for, say, a penny? What magical line did the person just cross that makes one act "not cool" to piracy advocates?

      Because it's not "piracy". No physical property is being stolen, there is no owner being deprived of its use. No seagoing vessels have been boarded, and no villages raped and plundered.

      No, what we're talking about is a purely economic concept and the laws relating to it. I am suggesting that we reinterpret those laws. Get off your high horse, this isn't about good and evil, it's just economics.

    4. Re:This is why we need Copyright Reform by AgentTim3 · · Score: 1

      I don't know how you could control this either. For software it would mean the end of distribution, period. Once it was sold in digital form it could be redistributed freely. OK, that puts Microsoft effectively out of the game. And Adobe.

      Not hardly. You just have to think about things a little differently (and I admit there would certainly be some changes, just not as much as you might think)... Here are some examples:

      Dell wants to sell PC's with Windows pre-installed. This is a benefit to their users, it helps their sales, and they can charge more. Now under my new scheme, this would still be illegal (they'd be making money using Microsoft's copyrighted software). So Dell still has to pay Microsoft a fee for each PC (just like it is now). That's a pretty good percentage of users, as most people want an OS on their computer when they buy it.

      There's also a good percentage of businesses that do their own installs -- ok, now under the new system they sure could download and install that software for free. BUT -- what exactly are they using those PC's for, hmm? If they're using Microsoft products to make money, then it's time to ante up that licensing fee.

      The above example works for Adobe as well. Used Photoshop to do some graphics for a for-profit magazine? Time to ante up.

      See, it just requires a different way of thinking. Distribution should be free. For-profit use should require a fair fee paid back to the copyright holder.

      I actually believe that there wouldn't be a very significant change in anything. As it is, it's already possible to get a "free" copy of any Microsoft or Adobe product off the 'net.

      We should have laws that make sense, and not have laws that chase impossible goals.

    5. Re:This is why we need Copyright Reform by scot4875 · · Score: 1

      Ok, you provide 2 decent, but naive examples.

      How would someone make money as a game developer if it were perfectly legal to download and distribute any game you wanted? And don't tell me "by drawing in web site hits for things that people would pay for," because then we'd end up with but "punch the monkey" and its variants.

      And what if I'm a PC repair tech? Say someone needs me to install Windows on their box for them. I can download a free copy and install it, but then I need to pay Microsoft because I made money with their software? How do you explain that to a customer? "Umm, well, my 2 hours of time come to $80, and that'll be another $200 for the Windows license." "What? Why wasn't Windows free?"

      As it is, it's already possible to get a "free" copy of any Microsoft or Adobe product off the 'net.

      So?

      --Jeremy

      --
      Jesus was a liberal
    6. Re:This is why we need Copyright Reform by Luscious868 · · Score: 1
      Anyway, I think there's a way to fix it that would be simple and fair for everyone. We need to change the legal definition of what a copyright means. Simply put, a copyright should grant the creator of a work the sole ability to collect revenue based on any use of that work. That's it, that's what you get, and nothing more. You write a book, record a song, make a movie, and you're the only one allowed to make money from it.

      I would ammend that proposal. I think there should be a limited amount of time where the author is the only person who is allowed to distribute or copy a work, for profit or otherwise. A fair period of time, IMHO, would be 5 - 10 years. After that period of time has expired, then others should be allowed to copy and distrubute the work, but only the copyright holder should be able to charge for it. After 10 - 20 years the work should then become public domain.

      Of course this will never, ever happen. The RIAA, MPAA, BSA, and every other corporation that profits from our draconian copyright system will never let that happen. I predict that within a hundred years, copyrights held by corporations will never expire.

    7. Re:This is why we need Copyright Reform by mark-t · · Score: 1
      The whole problem is that we've allowed corporations and other commercial entities to redefine what "illegally copy" means

      To illegally copy a copyrighted work means to copy it without the consent of the copyright holder and for purposes that cannot reasonably be construed to comply with fair use.

      The problem is that media pirates have stretched the meaning of "fair use" to include being able to distribute copies to their friends... and then furthering their circle of "friends" to include anyone that has the wherewithall to search the contents of any shared directories or folders on their computer's storage system.

      One can hardly blame corporations for wanting to clamp down on this rather blatant stretching of the definition of a term.

    8. Re:This is why we need Copyright Reform by Greger47 · · Score: 1
      Because it's not "piracy". No physical property is being stolen, there is no owner being deprived of its use. No seagoing vessels have been boarded, and no villages raped and plundered.

      If I give away copies of your stuff for free I deprive you of potential sales. Thats reason enough for todays witch hunt on fair use and any other leeway ordinary people used to have...

      /greger

    9. Re:This is why we need Copyright Reform by Anonymous Coward · · Score: 0

      "Change "only one" to read "original copyright holder as well as anyone they license their rights to"."

      Congratulations, you just described exactly the way the system operates now. The only part you added is "and let other people distribute unlimited copies if they don't charge". No business model can compete with free; remember how evil Microsoft were for giving away their browser for free in order to kill Netscape? Even a judge decided that behaviour wasn't acceptable. Are you saying should be okay for individuals to act in a manner that is illegal for a company? Why, simply because Bill Gates has more money than you? Because Sting happens to own three mansions? There are lots of musicians who actually NEED an income just to pay the rent; you can't write a law that only comes into effect once someone earns, say, a million dollars (not that the majority of musicians make that kind of money anyway).

      "Because it's not "piracy". No physical property is being stolen...(blah, blah, blah)"

      Yawn. Can we please stop splitting hairs, and simply acknowledge that getting something for nothing IS depriving someone, somewhere of compensation for their work? That is what copyright is all about, after all: the principle that, for a time, intellectual work IS considered property. I know you're a nerd, but how about dropping the technical (political) correctness and understanding the spirit of the law?

      "Get off your high horse, this isn't about good and evil, it's just economics."

      Pot calling kettle, get off your high horse, I want to share files! Seriously though, the economics are this: it is expensive to record music or make films, and distribute them. Not all artists have the business expertise to do all those things (in fact, some musicians I know have difficulty working out which end to pour beer into, but that doen't mean they don't write great music), nor the seed capital to start the production process. By proposing a legal stucture that allows free distribution to undermine commercial interests, you reduce profitability, sometimes to the point of insolvency; that IS ECONOMIC FACT, proved time and again.

      Yes, I am a musician, and I have been ripped off by the major labels. But I can tell you from experience, independent music is so marginally profitable that losing 1000 sales can make the difference between a band recording again or giving up; I've seen it happen many times. After all, the average musician is just like every one else: they want a home, a family, perhaps a car, and food on the table. If music isn't coming close to providing for those things. Perhaps you prefer that all musicians should be like the old blues men: homeless, penniless, and usually dead in a ditch by the age of 50. Sorry if having to pay bills ruins your romantic notion of the music business, but these too are an economic reality.

      Frankly, my view is this: if an artist wants to disribute via P2P, then fine, they should be able to. But my experience is that if a musician doesn't believe they can make money from their work, it is because they know they don't make the grade (Not that RIAA affiliation is any garantee of quality; in fact, it's very much like McDonalds, you don't get a great sandwich, but you know its of a certain technical standard). If , on the other hand, an artist wants to charge for their work, and prevent file sharing, that should be their perogative.

      I, for one, do not consider a fan to be someone who collects all my work without giving me any kind of reward for my effort; that kind of person is a leech (and I am aware of the connotations of the word from P2P). leeching isn't accceptable on P2P networks, so, by extension of the same principle, leeching should not be acceptable in the real world.

      Yet the bulk of file sharing is leeching off those who put in effort. In a capitalist society you are not entitled to the fruits of other people's work. Deal with it, or move; there are plenty of countries where copyright is a joke, but I don't think you'd enjoy tyring to live on $5 a month. Most musicians don't enjoy it.

    10. Re:This is why we need Copyright Reform by compro01 · · Score: 1
      If I give away copies of your stuff for free I deprive you of potential sales. Thats reason enough for todays witch hunt on fair use and any other leeway ordinary people used to have...

      well, the one flaw in the logic is that i would lay bets that a good quanity of the people on P2P networks wouldn't be getting the music in the first place if it wasn't free (me included, as i am cronicly broke and spend most of my money on nessesities (food, clothes(cheap ones), etc.), thus they are losing $0 as they wouldn't have made those sales anyway.

      --
      upon the advice of my lawyer, i have no sig at this time
    11. Re:This is why we need Copyright Reform by Greger47 · · Score: 1
      Let's say I've composed a piece of music and someone spreads it on a P2P network. Hundreds of people download and enjoy it, but none would have bought it if they have had to pay for it since it wasn't *that* good.

      But suppose there's that one single person who would have bought it, but now he simply got it for free.

      So what? I've just lost a single measly sale. But really, what's best for me as a composer? No sales at all because everyone got it for free, or that one sale?

      And I can't write it off as free advertizing either, since all my other music would sooner or later show up for free on that P2P network as well. The only thing I could count on is charity...

      /greger

  80. Misleading headline by TheAwfulTruth · · Score: 1

    The article is about jail for people that illegally trade copyrighted works. Not about jailing people because they use P2P software.

    There is enough skew in the replies to every article, can we keep the skew out of the headlines please?

    --
    Contrary to popular belief, coding is not all free blow-jobs and beer. Those things cost MONEY!
  81. WHY? by insanely_mad · · Score: 1

    Why do this... it's the actions of the far right. It reminds me of 'Sons & Daughters' by The Neville Brothers... We give up a few freedoms here and there In the name of a squeaky clean America Full lyrics are here: http://home.t-online.de/home/alexx/running.htm

  82. now by Anonymous Coward · · Score: 0

    now if only Italy would approve penalties for slimy executives who unethically prop up a distribution system against the good of the many, we'd have a great story.

  83. Overheard by solarlux · · Score: 2, Insightful

    (overheard outside a jail-cell)

    Inmate 1: "So what are you in here for?"

    Inmate 2: "I was the CEO of a large media conglomerate. I masterminded a scandal which cheated millions of people out of their retirement servings. So I've gotta serve three years here in the slammer. And you?"

    Inmate 1: "My little brother used my computer to download Crossroads. He's always had a crush on Britney Spears. Of course it was my application of eMule and I had no way to prove it wasn't me. The judge was having a bad day and nailed me with three years.

    Inmate 2: "Damn...."

  84. Not entirely true. by Anonymous Coward · · Score: 0

    The music industry can't sell you anything without your willing participation. You have the option to not purchase the album. All they seem to be asking, in general, is that if you are not interested in purchasing the album, that you not acquire it by other means. Seems fairly reasonable to me. In other, related news, I understand that you can now preview over the radio, in record store listening booths, at live concert appearances, and on web sites including iTunes Music Store. Your prayers have been answered!

    1. Re:Not entirely true. by NanoGator · · Score: 1

      "All they seem to be asking, in general, is that if you are not interested in purchasing the album, that you not acquire it by other means."

      Actually, it's more like "You're a thief so we're going to close that door." with the added benefit that they can be duped into buying an album because of one song on a radio.

      "In other, related news, I understand that you can now preview over the radio..."

      They do not preview entire albums on the radio.

      "in record store listening booths..."

      True, but you end up at a specialty store to do that. Partial credit in your favor.

      "... and on web sites including iTunes Music Store."

      Subject to availability, only certain songs apply, or you only get 30 seconds of one.

      "Your prayers have been answered! "

      Listen.com/Rhapsody is what 'answered my prayers'. You pay $10 per month, and you can listen to entire songs as many times as you want. If you want to burn a CD, $1 a song. This service would not be in existence if Napster hadn't come along.

      Sorry, but I don't agree that they're being reasonable. If they were, then they'd have been the ones offering on-line music back in 97.

      --
      "Derp de derp."
  85. We draw lines with precedents by yintercept · · Score: 5, Insightful

    Where do we draw lines between manslaughter and murder?

    There are no perfectly clean lines in life. Trying to demand that we have perfectly clean laws before we can exist is absurd. To a large extent, everything depends on intent.

    If I dropped a piano from a fifth floor window and if falls on a passerby, that is manslaughter. If I wait for the ex to walk by, aim and cut the cord...it is murder. The difference between the two has very little to do with either the shape of the piano or the laws of gravity. The difference is intent, and we need courts to decide on intent. Generally intent is clear. Pointing a gun at a person and pulling a trigger is generally a good sign of intent of murder (but it could just mean stupidity). Under cooking eggs benedict and causing a person to die from food poisoning is more indicative of manslaughter, but if the courts find out I purposefully cultured salmonella for the eggs...then I am a murderer.

    Emailing copies of an ebook to friends (so they won't have to pay for the book), there is clear intent on doing the copyright holder wrong.

    1. Re:We draw lines with precedents by Anonymous Coward · · Score: 0

      Emailing copies of an ebook to friends (so they won't have to pay for the book), there is clear intent on doing the copyright holder wrong.

      But you're putting a motive in there.

      Emailing copies of an ebook to friends so they won't have to pay for it themselves, yes, there is obviously the intent to deprive the copyright holder of revenue.

      What about emailing a friend a duplicate of your copy because theirs was on a laptop which was stolen, or because they forgot to copy it to their Palm before flying to China for a month? You're technically distributing it without the permission of the copyright holder, but I'm not sure there's a clear intent to do anyone wrong there.

      The rest of your post is informative and insightful, it's a pity that (unless I'm misunderstanding your point) you had to fall down at the end.

    2. Re:We draw lines with precedents by jamesjameson · · Score: 2, Informative

      First off, kiddo, there are perfectly clean lines in life. They just are not comfortable to accept or easy to understand.

      All forms of information- music, software, literature - should be free and available to the public. Humans possess an innate desire to understand the world around them. Any attempts to control any form of information goes against our very nature. We will inevitably find ways to explore these ideas regardless of how restrictive policies governing the distribution of information become. Never before, and never in the future, will there be a successful attempt at censorship. The only thing you are supporting is a tighter control of the information that you are able to receive. You are allowing people who have no respect for you - who are only looking out for their best interest - to make you a less informed less educated citizen.

      Perhaps you are worried that the artists that work so hard to produce good music or books won't get paid for their contribution. Free flow of information, however, does not affect sales. People that can afford to purchase a quality album, out of respect for the artist, generally do, regardless of whether or not it is available for no cost elsewhere. A study at Harvard has shown that this is true, albeit the study did only analyze the effects of file-sharing on the music industry (not books or software). They tracked music downloads over a 17 week period and then compared the file transfer data to market statistics for the songs and albums that users were downloading. They found that:

      "Downloads have an effect on sales which is statistically indistinguishable from zero, despite rather precise estimates - moreover, these estimates are of moderate economic significance and are inconsistent with claims that file-sharing is the primary reason for the recent decline in music sales,".

      http://www.news.harvard.edu/gazette/2004/04.15/09- filesharing.html

    3. Re:We draw lines with precedents by Anonymous Coward · · Score: 0

      One time I was going to buy a book, but I realized it was released under a creative commons license, so I just downloaded the PDF, printed it (about 300 pages, black and white, it was cheap), and had it bound for two dollars. I could have made at least five copies of the book for the price of buying one over the Internet. So I guess there goes your wild anarchic dreams.

    4. Re:We draw lines with precedents by Anonymous Coward · · Score: 0
      Under cooking eggs benedict and causing a person to die from food poisoning is more indicative of manslaughter, but if the courts find out I purposefully cultured salmonella for the eggs...then I am a murderer.

      Salmonella isn't a great choice for killing someone. Unless you're already ill, salmonella poisoning doesn't usually kill you. You might WANT to die after the zillionth bout of upchucking and ...er... downchucking, but you'll likely recover.

      A more effective weapon might be Ecoli H717 in an undercooked Hamburger.

    5. Re:We draw lines with precedents by Halfbaked+Plan · · Score: 1

      All forms of information- music, software, literature - should be free and available to the public. Humans possess an innate desire to understand the world around them. Any attempts to control any form of information goes against our very nature.

      What utter nonsense.

      It is the nature of small children to be curious about many things. This does not mean that small children should be left alone in a room with an open tube radio chassis and three or four plugged in power tools. Even though restricting children in this ways 'goes against their nature.'

      --
      resigned
    6. Re:We draw lines with precedents by MethylPhreak · · Score: 1

      All forms of information huh? So where is it that I can find your credit card numbers at buddy?

    7. Re:We draw lines with precedents by Anonymous Coward · · Score: 0

      Emailing copies of an ebook to friends (so they won't have to pay for the book), there is clear intent on doing the copyright holder wrong.

      No, they don't intend to do others wrong, they just want something for free because it's there.

    8. Re:We draw lines with precedents by Anonymous+Brave+Guy · · Score: 1
      First off, kiddo, there are perfectly clean lines in life.

      You've never watched a court case that left a jury with a difficult decision to make, have you?

      To extend the grandparent's example slightly, consider the following case; bear with me, this will be relevant. Suppose a woman is in court, accused of murdering her husband. There is clear evidence that she delivered a knife wound to his chest, from which he died. He had a history of abusing his wife and their address was known to local police as a common location for domestic violence. She claims she was acting in self-defence. But, the prosecution points out that there had been no reports of domestic violence from that address for over 18 months, and the husband was found on the floor in the bathroom having just taken a shower; hardly a likely time for someone to be attacking his wife, they claim. You and eleven of your peers hold the fate of this woman in your hands: is she a long-suffering victim now finally freed from an abusive husband who had learned to hide his wicked behaviour, someone who deserves to spend the rest of her life behind bars for exacting revenge on a victim who had put an abusive past behind him, or somewhere in between?

      I use a specific, and obviously difficult, example of self-defence here because in the analogy of the grandparent post, self-defence would be similar to fair use rights: they're something of an exception to the normal rule, it's hard to decide whether or not they apply in many cases, but making a mistake can have very serious consequences. Clearly these situations differ greatly in how much they really matter, but I think the analogy is quite a good one to illustrate the problems of deciding who's right in the real world.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    9. Re:We draw lines with precedents by maximilln · · Score: 1

      I agree that the courts need to begin focusing on intent. However, for the average everyday citizen stopped by the average everyday police officer, intent takes a _far_ back seat to the letter of the law.

      Law students in my home town were interested in this phenomenon and decided to interview people who had been ticketed for both disorderly conduct and obstruction of justice. They posted a newspaper advertisement for a study and interviewed people who could produce copies of both tickets written on the same day. They found that, of the 500+ people that they interviewed over a three month period, a full 1/2 had been randomly stopped, either in a moving vehicle or as a pedestrian, by police officers and asked for a search of the car, handbag, backpack, etc. Upon refusing the search the police officers had engaged them in an argumentative dialogue about civil rights. When the citizen would turn to leave or the argument would reach a heated level then the citizen would be detained and ticketed for disorderly conduct and obstruction of justice. The people interviewed who could not afford legal counsel were advised by the public defender to simply plead guilty and pay the tickets. The people interviewed who could afford basic legal counsel ($1000) usually had the tickets dropped. The tickets themselves were worth less than $1000 and the last group of people benefit from not having a misdemeanor record. Of those who paid the tickets greater than 80% reported having difficulty finding a job. Whether this was due to the misdemeanor record of the general level of clientele is an arguable yet valid consideration.

      This took place long before the Patriot Act. The Patriot Act only makes it that much more justifiable.

      --
      +++ATHZ 99:5:80
  86. mediocracy by Doc+Ruby · · Score: 2, Insightful

    Italy's government is headed by its monopoly satellite media mogul, Silvio Berlusconi. Copyright infringement is henceforth a political crime. The WTO will shortly be synchronized with the Italian laws, then the US with the WTO, so the US will be offering these innovative government reforms soon enough.

    --

    --
    make install -not war

  87. Wrong by YrWrstNtmr · · Score: 2, Interesting

    Not when the vast majority of them are for pot,

    Currently, just over 1/2 (54.7%-2002) in prison for all drug offenses, and declining from a high of 61.3% in 1994.

    The BOP has lots of stats on this.

    1. Re:Wrong by Anonymous Coward · · Score: 1, Insightful

      So, just because ONLY half of the people imprisoned in your country for drug crimes, are imprisoned for the possesion of a natural plant product, with no fatal dose, no addictive qualities, and very limited ability to impare a person, things are good? The ONLY serious repercusion of pot use, are the draconian laws that are applied by a bunch of half drunk, right wing assholes, trying to mandate what you can and can not do with your own body. Love your version of "freedom"....free to do what we say, how we say, when we say, and god help you if you are out of step. Have fun in the police state....

    2. Re:Wrong by YrWrstNtmr · · Score: 0, Offtopic

      Assuming you are the parent AC, your statement is irrelevant.

      Note I said all drug offenses.
      Note also that I did not say whether 1/2 the prison population in jail for all drug offenses is good or bad. I was merely refuting your(?) knee jerk statemnt of "vast majority in jail for pot".

    3. Re:Wrong by EsbenMoseHansen · · Score: 1
      A lot of people believe that pot is addictive random google link. And from going to "school" with a few who smoked pot, I'd say they were visibly impaired for about a week. Totally unscientific, I know.

      Still, I think that it must be the choice of every individual, but children should not have access until they are old enough to understand the consequences.

      hhh... having just read the actual topic, this is rather off topic. Oh well.

      --
      Religion is regarded by the common people as true, by the wise as false, and by rulers as useful.
  88. Well, I can just see it by vitalyb · · Score: 1

    A prison cell with a raper, murderer and a 12 years old kid that downloaded Brinty Spears. ...

    So yeah, it is about time they dealt severely with Brinty Spears lovers.. But what if it was someone who just downloaded a good song?

    Oh the cruel world :(.

  89. Shows what you know by Anonymous Coward · · Score: 5, Insightful

    I think speeding is a lot worse than sharing files

    This is because you don't see the big picture. Speeding just kills or injures a few people now and then. File sharing, however, prevents the very rich from continuing to become a lot richer, which is clearly a much more evil offense.

    1. Re:Shows what you know by Anonymous Coward · · Score: 0

      It's kinda sad that that's insightful instead of funny.

    2. Re:Shows what you know by gnovos · · Score: 1

      This is because you don't see the big picture. Speeding just kills or injures a few people now and then. File sharing, however, prevents the very rich from continuing to become a lot richer, which is clearly a much more evil offense.

      No no no, the very rich do in fact get even richer. The RIAA is making more money now dispite selling fewer albums. The TRUE evil is that it allows some control to leave the hands of the wealthy. Power, my friend, it's all about power.

      --
      "Your superior intellect is no match for our puny weapons!"
  90. A suggestion by Alexei · · Score: 2, Insightful

    While I haven't done the necessary research, it seems to me that in this age of harsh penalties for copyright violations, it should be possible to launch a very effective campaign against it by pointing out that the penalties are more harsh than many crimes of a greater magnitude.

    For example,

    "Thinking of copying your friend's CD? Think again. According to the policies of [insert pol's name], copying without permission is worse than [manslaugter | embezzlement | whatever fits].

  91. A great day for child pornography by Anonymous Coward · · Score: 1

    The more people have reason to stop using current-generation P2P software and start using (or wait for) completely anonymous and encrypted P2P networks, the easier it will be to distributed child pornography.

    I'd like to thank Silvio Berlusconi on behalf on sickos everywhere.

  92. He's a wannabe dictator by WildBeast · · Score: 1, Interesting

    Berlusconi is a wannabe dictator. He controls all the media in his country, he uses censorship, he even tries to make himself immune to certain laws because he's the PM.

    The guy is a nut.

  93. Jack Valenti by Anonymous Coward · · Score: 0

    Is Jack Valenti Italian?

  94. The Italian PM is a corrupt media baron by JimmytheGeek · · Score: 1

    Deep sleazeball, much like Murdoch, only he's dispensing with the puppet-middleman and occupying the office himself.

    No wonder they adopted this weird law.

  95. You think we don't have our RIAA? by Anonymous Coward · · Score: 0

    In the government own words this law is "seriously flawed". Yet they passed it urgently on the promise they will "fix it later"...
    But at least you must do something to be considered guily. Not long ago another law introduced a fixed 30 cents tax on *each* CD-R on the assumption it will be used to pirate music. All this tax money goes to SIAE, the italian RIAA, which is lobbying for all this crap...

    1. Re:You think we don't have our RIAA? by lightspawn · · Score: 2, Interesting

      Not long ago another law introduced a fixed 30 cents tax on *each* CD-R on the assumption it will be used to pirate music. All this tax money goes to SIAE, the italian RIAA

      So if you're burning your downloaded MP3s to CDs you should be OK, right? After all, you did pay the RIAA for being able to do it.

  96. Well, maybe they should by cdrguru · · Score: 1

    If you leave a 9 year old alone to do whatever they want, you have pretty much abdicated responsibility for being a parent. So, if your child downloads and distributes something, the parents should take the heat. Just because someone is underage doesn't mean that there is no accountability anywhere.

    1. Re:Well, maybe they should by rupert2000 · · Score: 1

      I think parents have to have some level of trust in their kids.. You can't monitor everything they do every moment. Its just like the government deciding that unless it monitors your every action it is responsible if you commit a crime.

      I don't think that a parent's lack of responsibility can always be to blame for illegal actions taken by a kid. It can also be a misjudgement of the trust they can place in their kids, which isn't quite the same.

  97. What is that sound? by Anonymous Coward · · Score: 0, Funny

    I think I hear the RIAA shedding a tear of joy. It's just so beautiful.

  98. MOD UP! by Anonymous Coward · · Score: 0

    This is 100% Insightful -- if all us serfs would just take our rightful place at the bottom of the pyramid and accept our fates, the world would be a much better place (for the rich).

  99. Since this is Italy... by Simonetta · · Score: 5, Interesting

    Since this is Italy, I assume this law only really applies to downloading materials that come from companies that Berlusconi owns a controlling interest in.

    Which, since this is Italy, is practically everything.

    Speaking on behalf of the hundreds of thousands of Italian P2P users, what are Italian jails like?
    Are they sex torture rape factories like American prisons? Are they government profit centers like Mexican prisons (where you have to buy your own food)? If you download really big files and get the death penality, do they charge your family 50 cents like the Chinese do? Are they just 'work the zeks until they drop' slave-labor camps like the Soviet Gulags?

    Come on, Italian politicians, you passed a law to put tens of thousands of your own young people in prison for activities that few civilized people consider to be a crime. Now that you have your 'law', what are you going to do with it?

    1. Re:Since this is Italy... by Simonetta · · Score: 2, Interesting

      The Mafia was formed to protect ordinary people from laws like this coming from Rome. Just as soon as you get the gangsters under some form of control, the politicians do something totally stupid to revive it.

      Did the Mafia help get this law passed in order to revive their ancient public image as the last bulwark against total Roman oppression?

    2. Re:Since this is Italy... by omnipotens · · Score: 1, Insightful

      All these countries have laws that put tens of thousands of young people in prison for activities that few civilized people consider to be a crime-- their laws on Marijuana.

    3. Re:Since this is Italy... by Anonymous Coward · · Score: 0, Informative

      unfortunately italy and also europe are governed by occult masonic forces so do the math

    4. Re:Since this is Italy... by EverDense · · Score: 2, Funny

      The Mafia was formed to protect ordinary people from laws like this coming from Rome. Just as soon as you get the gangsters under some form of control, the politicians do something totally stupid to revive it.

      Did the Mafia help get this law passed in order to revive their ancient public image as the last bulwark against total Roman oppression?


      Get ready for "The Godfather IV - Vote from the Rooftops"

      --
      http://jesus.everdense.com/
    5. Re:Since this is Italy... by Turmio · · Score: 1

      In Europe there's no death penalty.

    6. Re:Since this is Italy... by Anonymous Coward · · Score: 0

      "...ou passed a law to put tens of thousands of your own young people in prison for activities that few civilized people consider to be a crime."

      No, civilized people recognize that work should be rewarded. P2P is all about getting something for nothing, which is barbarism.

    7. Re:Since this is Italy... by gnovos · · Score: 1

      "...ou passed a law to put tens of thousands of your own young people in prison for activities that few civilized people consider to be a crime."

      No, civilized people recognize that work should be rewarded. P2P is all about getting something for nothing, which is barbarism.


      You mean P2P is about getting nothing for nothing, right? After all, after the first pressing, it cost exactly nothing to create duplicates of the original. Assuming somebody bought the first CD, there's no problem, right? (after all, a chair-maker doesn't get to continuously profit from one single chair he created thirty years ago after he's already sold it).

      It think you have your barbarians a little bit backwards.

      --
      "Your superior intellect is no match for our puny weapons!"
    8. Re:Since this is Italy... by Anonymous Coward · · Score: 0

      yes. berlusconi is a real piece of work, a real piece of sh-t.

      italy is in a bad way. forget the p2p,
      italy is plum skrewed.

      however, in the usa, we both:
      1. do israel/zionist bidding
      2. killing inocent people.

      Lord, it is a nasty terrible time in the usa.

      the worst part (after/before the killing) is the government privatization robbery in the usa.

      enough said. this is giving me an ulcer.

    9. Re:Since this is Italy... by Anonymous+Brave+Guy · · Score: 1
      Come on, Italian politicians, you passed a law to put tens of thousands of your own young people in prison for activities that few civilized people consider to be a crime.

      I love it when people make overblown claims like that, without anything to back them up.

      Pretty much everyone knows copyright infringement is illegal. People who do it do so because they think they can get away with it and are prepared to run the risk of not doing so, not because they don't believe they're breaking the law.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    10. Re:Since this is Italy... by spamhog · · Score: 1

      >>> this law only really applies to downloading materials that come from companies that Berlusconi owns a controlling interest in.

      As much as I dislike the guy, no, this would be a [slight] exaggeration.

      >> what are Italian jails like? Are they sex torture rape factories like American prisons? Are they government profit centers like Mexican prisons (where you have to buy your own food)?

      I occasionally go out with a (very cute) parole officer / social worker - that's one and the same here. She says they're a nightmare, but the main risks are suicide and bad healthcare. Another complaint is that there's too LITTLE opportunity for working, which where available does both give a chance to speed up release and find a job later on (yes, the state tries to help). As for charging, it's a typical Italian mess: it used to be thay you didn't pay right away, but if you rebuild your life later on you might then get a huge bill 5-15 years later. This is how it used to work, but with 70% of the prison population now being penniless immigrants, mostly illegals without any hope of future gain, they may have as well discontinued the practice.

    11. Re:Since this is Italy... by Simonetta · · Score: 1

      Thanks for taking the time to reply.

      I'm finding that often to only way to get a real honest reply to a real world situation is to post an overblown comment on Slashdot and get corrected by the a few of the thousands of varied professionals who see it and are provoked into giving a reply.

      Again I thank you.

    12. Re:Since this is Italy... by Anonymous Coward · · Score: 0

      I'm from Italy. Mafia protect nothing. The Mafia is only criminality. This law is criminality, too... We have a gouvernament strange.

  100. Don't encourage 'em by Anonymous Coward · · Score: 0

    *sigh* this just gives the RIAA more ideas of what to do to people who file share...

  101. Quick question by mcc · · Score: 1

    Does Italian law have any equivalent of what we in America would call the doctrine of jury nullification?

  102. Let's clarify something by mano78 · · Score: 1

    The law has been approved only under the promise it will be modified for that part. It contains other parts (on movies' copyright) that needed to be approved, or the entire law iter would had to be done again. So minister Urbani asked the parliament to approve it, promising to modify it ASAP.

    I'm completely against italian government, but being italian myself I'm also against this fashion of reporting only half of the real news. And stop calling us fascists, please!

    1. Re:Let's clarify something by Anonymous Coward · · Score: 0

      Please go on calling us fascists, because that's what we really are these days. Truth should always be honored... This is Urbani's second attempt at it and already worse than the first. Should we say that the Italian Government has just passed a law to make torture legal (as far as the crime is not reiterated, of course...) ?

  103. PM Berlusconi controls 90% of the media by benna · · Score: 3, Informative

    So obviously the papers would be exempt.

    --
    "It is not how things are in the world that is mystical, but that it exists." -Ludwig Wittgenstein
  104. Italian speeding by payndz · · Score: 1

    In Italy, I think speeding is the right of every citizen. Have you seen how they drive over there? They don't need an insanely fast Italian supercar to drive like a maniac. Hell, even the police have Lamborghinis! (I'd post a link if there was one, but I think the latest Top Gear magazine has a pic...)

    --
    You must think in Russian.
    1. Re:Italian speeding by Anonymous Coward · · Score: 1, Interesting

      Here

      That took about 2 seconds to find

    2. Re:Italian speeding by della · · Score: 1

      There's a nice flash cartoon about how we Italians behave: http://www.infonegocio.com/xeron/bruno/italy.ht ml</a>

      --
      -- Matteo
  105. Getting what they deserve by Anonymous Coward · · Score: 0

    Good! I hope they throw the mom in jail, and put the little criminal in juvenile incarceration! The mom for criminal negligence, and the daughter for the copyright infringement(s). Plus, I hope they seize any/all property to pay towards the fine(s), with possible mitigation (Of the fines, not the incarceration, that should be served in full.) if the little girl cooperates in helping gather evidence against all her school friends who are likewise criminals. Ignorance of the law is no excuse. If the mom had taken due diligence to supervise her daughters' activities, this wouldn't have happened. Personally, I think that since serious criminal acts can be committed with a computer, all computers/users/software/internet connections need to be licensed and closely monitored by the government. The U.S. constitution gauruntees freedom of speech, which means you can grab a soap box and shout your opinions to whoever will listen, not a right to freedom to use a computer however you like, or even what you can say with one. Just like driving, using a computer and the internet is a privelege, not a right, and should be licensed/regulated at least as well, especially when it comes to writing/publishing software.

  106. Re:Does Slashdot not support the Euro symbol? by Anonymous Coward · · Score: 0

    Try posting as HTML and using the standard HTML &euro; entity, which renders like this: (If that doesn't work, then it's your browser's fault.)

    Here's a link to some other HTML 4.0 Entities.

  107. Penalties For Copyright Infringment by Anonymous Coward · · Score: 1, Insightful

    It seems to me that issuing these disproportionately large fines and jail sentences for such small crimes (after all downloading and sharing a few mp3s is not going to cost the record companies that much per user doing the downloading and sharing) is silly. IMO if they really wanted to make a difference they should be looking at speeding tickets and parking fines. If each person sharing or downloading infringing material could be issued smaller fines ($50 - $100), without a huge court case, not that many would bother to appeal and it would probably make more of a difference than throwing a few p2p users in jail.

    1. Re:Penalties For Copyright Infringment by Wes+Janson · · Score: 0, Flamebait

      All I have to say...*PLEASE* STFU, for all of our sakes. -the Internet

  108. This Is Good News by tom's+a-cold · · Score: 1

    Berlusconi is already deeply loathed for his ass-kissing support for the Iraq invasion. He's such a seething mass of conflict of interest and corruption that he makes Cheney look like a paragon of integrity. The fact that this was his idea, that the penalties are so grotesquely disproportionate, and that it's so evidently in support of his own personal interests, makes it likely that a future Italian government will repeal it, and it will be politically infeasible to revive it for years after that.

    Better it didn't happen, but if it has to happen, at least it's happening in a way that will bring the whole idea into the worst possible disrepute.

    --
    Get your teeth into a small slice: the cake of liberty
  109. ridiculous by N3wsByt3 · · Score: 1

    So, now isntead of filling overcrowded prisons with drugaddicts, it's time to overcrowd them even more with people that have shared a song, even without any commercial gains.

    It's almost exactly like I said in http://slashdot.org/comments.pl?sid=108810&cid=924 6995 and the follow-ups. Draconian measures are taken, but still it won't help...but in the meantime, much harm is done and lives and families destroyed - all for keeping up the power, greed and profits for the big corporations.

    If followed to the letter, by making a civil sueing into a criminal one, it will effectively turn the majority of online users in Italy to criminals.

    All reason and measure of proportion has left, it seems. But then again, what can you expect of a right-winged fascist government that supported (and still actively supports) the war in Iraq, against the will of the people?

    --
    --- "To pee or not to pee, that is the question." ---
  110. Good! by Anonymous Coward · · Score: 0

    Jails too good for 'em. They should burn them at the stake. Those dirty thiev'in bastards. Kill 'em all I say..

    Osama Ben Laden

  111. Berlusconi == Cazzo by Marijuana+al-Shehi · · Score: 1

    anche un schifo, un finocchio, e un bastardo!

    Ritorna, Le Rosse!!!

    --
    "I think all foreigners should stop interfering in the internal affairs of Iraq"
    -- Paul Wolfowitz, 7/21/2003
    1. Re:Berlusconi == Cazzo by Anonymous Coward · · Score: 0

      a me l'omofobia non piace anzi dispiace e con questo commento ti sei distinto come un fascista cioe' uno di quelli che picchia la gente con il manganello quindi fai due conti

    2. Re:Berlusconi == Cazzo by Zip+In+The+Wire · · Score: 1

      Cazzo, strunzo puzzolente e anche il boccinaro del RIAA.

  112. I saw that story... by zogger · · Score: 1

    sucks for that lady--good point. Email or phone that mom, who doesn't have a lawyer,who's not going to be able to afford a lawyer, and is scared out of her wits right now, and turn her on to it. Make the RIAA reveal how they did it, in exquisite detail, because if THEY were offering it for download, then it is FREE to download. Just like if SCO released a linux with their alleged IP in it, under the GPL, then it is FREE for anyone. Use their own lameness right back at them.

    Being up against government or some filthy rich corporation is scary. I've done it-twice-without a lawyer,representing myself, but I spent months learning the laws, court procedures, etc. Won both times too, out of court settlements, bercause they realised I had them and wasn't going to rollover for them. Cretins.. Obnoxious cretins.. Anyway, not many people have the time or mindset to do that. I wish more did, because it's totally legal to represent yourself, and one of the things we need to do is take back "law" from the lawyer-legislators/lawyers/judges axis of mega-profits guild. Talk about your true lucrative monopolies... if MORE people would just file their own suits against government and big corporations, and if they were really hip if they get called to jury duty, and if more ethics complaints were filed against government employees, hired, appointed or elected, we could go a long ways to re establishing the republic like it was designed as, not as it has been changed into, mostly illegally, too, IMO.

  113. Re:May not work by symbolic · · Score: 1


    As far as I know, a copyright is designed to protect a specific work of artistic/creative expression. It does not cover material which has no intrinsic artistic value. I believe there have been legal skirmishes between publishers of "raw" data (including the phone companies), and those who have taken this data and repackaged it for their own use. It used to be that if the data does not exist within a creative context, there is no basis for protection under copyright law. I am not sure if this has changed recently, however.

  114. Jail for non-compliant Pizza too by wardk · · Score: 1
    Italy is even getting sciotto about pizza.

    Italy makes Pizza too?

    of course these geniuses got signed up with Hitler.... oops cheap shot

  115. a little more information on this... by Anonymous Coward · · Score: 0

    this has been a hotly discussed issue among net folks here in italy (was it bruce sterling who identified italy as a frontier for net affairs...?)

    to sum up briefly how this law came to be passed: the movie industry (yes, berlusconi owns a major movie distribution company, medusa) complained about pirate dvd's (sold massively on streetcorners) and threw in p2p sharing as a further grievance.
    in rapid response the minister of fine arts (yes, you read right, delle belle arti - it all went under the cloak of measures to help the movie industry...) whipped up a decree which was imposed by the government, who then had sixty days to convert into law.

    during those sixty days, it became clear that: a. the minister is clearly incompetent (both in general, and in the specific subject of legiferating on the use of the internet); b. that the movie industry lobby is mighty powerful still (especially once they allied themselves with the recording industry, the publishers, the software industry and the all-commanding so-called authors' society, the siae, who handle all copyright dues in a very murky manner; and c. that the opposition parties, with a very few exceptions (notably the green party) don't have much of a clue on the issue either.
    during the consultations that took place in a dedicated parliamentary commission, it was hoped that the strong interests of the national isp's - all of whom are touting high-speed adsl or even dedicated fiber-optic connectivity (and that's speed that you do NOT need for checking your e-mails...) would at least help to distinguish between private use/sharing and proper commercial pirating. indeed it seemed up until a few days before the final draft of the law was presented, that government and opposition had reached an agreement in this sense (also exempting isp's from having to police their own users) but at the last minute corporate interests forced a series of changes and wordings resulting in this draconian and indeed surreal law.
    what needs to be said, however, is that the minister himself has acknowledged that the law is flawed and has specifically promised to emend it as soon as possible in order to align it with the recommendations passed by the european parliament that clearly distinguish between private use and commercial copyright abuse - indeed the greens withdrew 750 amendments they had collected (in a public initiative on their website) with which they wanted to filibuster the law beyond it's sixty day limit, in recognition of the minister's promise...

    so: stay tuned, it's looking pretty bad, but it ain't over yet...

    ciao for now...

  116. The Felon Vote by Anonymous Coward · · Score: 0
    This is because felons can't vote. If they could then change would be possible, but by arresting and convicting people, thus taking away their constiutional rights you handicap them.
    After the hotly contested 2000 Presidential election, the Miami Herald did a study of convicted felons who cheated and managed to vote. If I remember their figures right, 95% of them voted Democratic/Gore.

    That makes sense. Note how many really nasty criminals Clinton pardoned in exchange for money just before he left office.

  117. No. by IshanCaspian · · Score: 1

    The GPL *requires* uploading and downloading...there's no such thing as illegally sharing GPL'd works. It's when people *don't* upload or download their changes that we have a problem.

    --

    But there is another kind of evil that we must fear most... and that is the indifference of good men.
  118. A modest proposal for detente by Anonymous Coward · · Score: 0

    Often on Slashdot, folks argue that there needs to be a balance in the law. Would the following work?

    The reasons offered for the DMCA often center around how digital technology is different from analog because with digital one can make perfect copies.

    What if the digital copying rules directly addressed THAT issue, then? Could we all compromise there?

    Make the re-distribution of a perfect digital copy completely unlawful, a right afforded only to the copyright holder.

    But make the re-distribution of imperfect digital copies lawful. Thus, you'd go to jail for sharing a .wav file, but not for sharing an .mp3 or an .ogg file. Also, you'd go to jail for sharing an HDTV file, but not a lesser-quality copy like a VCD or DVD.

    Wouldn't that be the makings of a new and viable business model for the content industries? Like bottled water, you would charge people more for higher quality. But for the tap water type of copies that most people consider "good enough," those would basically be free. High quality digital would have a premium.

    I would subscribe to a regime like this. I think the current place where the line is drawn, making only analog copying considered acceptable and not needful of an Analog Millenium Copyright Act, draws the line too low.

    What do people think?

  119. Anything worth bootlegging? by 16K+Ram+Pack · · Score: 1
    Seriously!?

    Apart from maybe Cinema Paradiso, what's Italy given world culture in the past 30 years?

    1. Re:Anything worth bootlegging? by t_allardyce · · Score: 1

      Coffee
      Mozerella
      Tomatoes that actually taste nice
      Olive oil
      Hot girls
      All mafia movies

      Can you seriously live without any one of those?

      Also (previously) da vinci, vivaldi, ferrari, berreta and that guy who invented that vaperetto steam-cleaning thing with the cheesy advert.

      --
      This comment does not represent the views or opinions of the user.
  120. Here is an evil idea. by Parandor · · Score: 1

    Imagine: Millions Italians decide to fight this by:

    1- Making sure their computer is obsolete.

    2- Download something copywrited. ( anything )

    3- Go to police station and admit the "crime".

    Result:

    - Puplic services completly paralysed.

    - Two newspapers FORCED BY LAW to publish millions of useless prints that would both bloat price and reduce relevant content.( leading to bankrupsy? )

    Government stuck with tons of useless PC that they will have problem getting ride of. ( thank to friendly environmental groups already upset by wasted paper. )

    ...

    Haaa... Dreaming is Soooo nice. But remember: IT COULD HAPPEN!

  121. Move to Italy, run a website, blackmail your users by Zip+In+The+Wire · · Score: 1

    If this law is true, anyone going to a website is guilty of a crime (they make a copy of the webpages as they view them). All italian websites now have the ability to become multi-billionaires. Just email the people coming to the website that you are going to report them for violating your coyright, and tell them send money or they are going to jail for 6 months. Do they have cappuccino in Italian prisons?

  122. Just to clear a couple things up by mnbjhguyt · · Score: 1

    I don't think anyone will be going to jail, although p2p in italy has slowed down a lot in the last two days due to people waiting to see what happens.
    For a crime like this, if you have never commited a crime before the punishment is very likely to be changed into a fine, though that can be very high.
    Many people criticized the jail part as ridiculous, since that's the same punishment you get for theft or rape. There's an ongoing joke these days about the police stopping a guy who stole a Ferrari, and don't do anything to him until they find some cd-rs in the trunk...

    Also, this law doesn't apply to all copyrighted material.
    The claimed objective of this law is to protect the movie business. In order to do that, the first draft of this law only covered online trading of movies. Only later music files were added to the basket, since record companies felt left out.
    The same law, in fact, has a section about state financing of private movies in order to promote the italian movie business. That is not new. But to clear the context, you should know that Urbani's (the minister who proposed the law) wife is an actress and also a movie producer, and her company got quite a bit of that public money in the past.

    It is obvious to everybody that this law is insane. First of all, it is impossible to enforce. Nobody has the means to do that. In earlier drafts it was up to the ISPs to look after their customers and watch if they were trading movies.
    Second, the minister Urbani himself has said that the law will be modified. But the movie companies and him felt that it was important to have this law approved first, no matter how badly written, and modified later, rather than have a good law discussed and maybe approved god knows when. Third, the law could also be interpreted like this: in order to encourage people to go to cinemas, all major football events are to be moved from their actual tv schedule (i'm not kidding)(like it wouldn't be easier to lower the price of the tickets to the cinemas...). Lastly, Italy for example has had a very good law that covers copyrighted software since the early 90s, still piracy is very common and apart from a few fines (even if sometimes rather big), i don't think anybody ever went to jail for using (not selling, that's another thing) pirated software.

  123. Special Jail for P2P Users? by base_chakra · · Score: 3, Funny

    Italy Approves Jail for P2P Users

    At first glance I wondered if this headline meant that Italy approved a special, separate prison for P2P users. Which would be kinda cool in a way... the P2P jails would be the ones where prisoners are constantly trading single cigarettes and stolen pudding.

  124. so zips and rars are ok by Zip+In+The+Wire · · Score: 1

    If the law only applies to movies and music, is a zip file of a song, music? Or more generally, if one has to "transform" a file into something it wasn't originally, does the original file classify as the item being violated? This whole copyright/computer arena is a big mess.

    1. Re:so zips and rars are ok by mnbjhguyt · · Score: 1

      that's why i say this law is impossible to enforce.
      another good example was the status of the google cache. what is it?

      another bizarre thing is the law cover only downloading. if i rent or borrow a cd/dvd and rip it, it's not covered by this law! (just regular copyright law, of course)

  125. I have to delete my Aria Giovanni collection? by Zip+In+The+Wire · · Score: 1

    Oh no! Dio Mio! Che cazzo giorno scuro!

  126. A question... by Cyno01 · · Score: 1

    Ever borrowed a book from a friend? You horrible copyright infringing thief you. Why is sending your friend a copy of an e-book any worse than loaning you friend a paper copy? Oh yeah, its digital, computers are new and scary.

    --
    "Sic Semper Tyrannosaurus Rex."
    1. Re:A question... by Obfiscator · · Score: 1
      That's a bad example, because you still have your copy of the e-book, correct? Therefore, it's closer to you photocopying a whole book and giving it to a friend.

      Is this wrong? Probably, because then you're not loaning. You're distributing.

      --
      "Nothing shocks me. I'm a scientist." -Indiana Jones
    2. Re:A question... by stewartjm · · Score: 1

      True. BUT I contend the value of most(non reference) books is almost entirely obtained via the first reading. I.e. if I read a book and then my friend reads it whether we copy it or not both of us have gained nearly the full value of the book but only one unit of value has been paid for. Thus I further contend that anyone who considers copying of books to be immoral must also consider loaning, giving, or selling of a book that has been read before the transfer to also be immoral.

    3. Re:A question... by Obfiscator · · Score: 1
      A good point, especially since you included "selling" in your list (not something I'd previously considered, though it does seem identical, in the abstract sense, to loaning/giving). I still believe that copying a book is fundamentally different than loaning, giving, or selling it, though. It seems to be a matter of scale.

      After I give/sell/loan a book, I no longer have it. I cannot give/sell/loan it again without reacquiring it. If I copy a book, nothing prevents me from copying again, and again, and again, effectively redistributing the work. For lack of a better word, this is not "fair." If you think enough of the book to redistribute it, some profits should go back to the author (and publisher).

      Make sense? This is a slippery topic, and I'm finding it difficult to voice my thoughts on it accurately.

      --
      "Nothing shocks me. I'm a scientist." -Indiana Jones
    4. Re:A question... by yintercept · · Score: 1
      Ever borrowed a book from a friend? You horrible copyright infringing thief you.

      Could you please show me the part of the law that says borrowing, selling or giving away books is an infringement of a copyright? Or is this something going on in a fantasy land?

      Yes, I borrow, give and sell used books all the time. No, I am not a copyright violator.

      I've gave an ebook to a friend. Nope, I didn't violate a copyright there either since I gave the full copy and did not keep one for myself.

      I've given ebooks to friends. I no longer have the ebook. They do. I am comfortable with the decision of having my cake or eating it. Had I kept license for the ebook, it wouldn't have been much of a gift, now, would it? I see people selling ebooks on ebay. I have not checked in to seeing if they are really seeing the books or are selling copies. The first is legitimate (assuming there was not a single use contract to the ebook). The second is a copyright violation.

      I have an aquaintance who brags that he buys CDs, makes his personal copy, then gives the CD away (by giving away, I mean he tries to pay for sex with gifts). I argue that he is a crappy gift giver.

    5. Re:A question... by Anonymous Coward · · Score: 0

      "then gives the CD away (by giving away, I mean he tries to pay for sex with gifts)."
      Is that all it's worth now? I thought you had to at least pay for dinner and a movie. Maybe a little alcohol too.

    6. Re:A question... by Anonymous Coward · · Score: 0

      Stop being such a child. Neither book sellers, nor book buyers, nor the law find anything wrong with this (unlike with CD copyright infringement) --- exactly where is your locus standii?

      It will benefit you to be adult enough to concede when you are wrong.

      [ Anon since I modded ]

  127. This is just to much. by Anonymous Coward · · Score: 0

    Let me see here, The GI accused of tourture in Iraq gets 1 year in prison and a slap on the wrist but if your caught downloading Metallica you get 3 years. Where are societies priorities ?

  128. And then some by Anonymous Coward · · Score: 0

    I applaud that someone has taken this bold stance. A lot of people think, oh gee, those songs are free on the radio anyway, so why would you punish a kid for just taking music.

    But let me tell you a little story. I was in the theater the other day and I saw a short film on the effects of the internet. They had a guy who made sets and also a stunt man. Well, it turns out that what these kids are doing is putting these people out of a job. According to a film, they're not rich, they're just guys trying to scrape by.

    ANd then some kids copy the music or film and then everybody is out of a job.

    So hundreds, if not thousands of kids are homeless and hungry because their dad is out of work because of P2P.

    Prison? At least. Maybe if we took cigaretts and burned them in the face, or perhaps make them get naked and form human pyramids, or suffocate them in a sleeping bag. That is justice, and if a few little punks are hurt, then that's okay, because there are bigger things at stake here.

    So I am right with you, brother.

  129. Just Pushing People Into Using Anonymous P2P by KrisHolland · · Score: 1

    All this is doing is pushing people into using anonymous p2p applications. The four main ones are:

    Freenet

    Mute

    I2P

    GNUnet

  130. Jurisdiction by Dirtside · · Score: 3, Interesting

    I've recently begun to wonder why patent and trademark infringement lawsuits are entirely handled in civil court, but copyright infringement has become a criminal matter. Why shouldn't copyright be handled strictly in civil court, just like patent and trademark?

    --
    "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
  131. The difference is: by mumwahead · · Score: 0

    There's one big difference as to why there is such outcry about the Italian ordeal and why there is much less about the goings on in the US. In italy, the government is persecuting it's own people for their gain. Here in the US, Bush is persecuting another country for his gain. Putting Bush in office was like putting a kid in charge of a candy store, much as is the situation, apparently, in Italy. I think it's only a matter of time before we're pushed too far and start pushing back. Together we can be the most powerful force in the world, and no army can hold us back. For what army, in place to protect the people, would turn against them to protect the beaurocrats that run this country from their corporate office and lobbyists. We need to cleanse the politics of this world, and only we can do it. The coruption must end.

  132. Don't tell the poor guy that by Anonymous Coward · · Score: 0

    You're blowing his comfortable vision that bush and cheney and screwing the country up "for our own good".

  133. Actually, I think it's just the Italian atitiude by Colin+Smith · · Score: 1

    to completely ignoring the law entirely. Have you ever driven in Italy?

    I was once driven back to the airport in a taxi where we *overtook* a police car which had it's lights and horns going. Went past it like it was standing still.

    --
    Deleted
  134. is this unexpected by Anonymous Coward · · Score: 0

    the prime minister, Silvio Berlusconi is a media mogul, and lets face it possibly a criminal too.

    http://www.economist.com/opinion/displayStory.cf m? story_id=1763981
    http://www.thirdworldtraveler.co m/Media/CitizenKan e_Steroids.html

    ad infinitum. It's all there on Google, just type in Silvio Berlusconi criminal-and draw your own conclusions from that.

  135. Yes by mark-t · · Score: 1
    If the person who is distributing via uploads has broken the terms of the GPL, then they categorically do *NOT* have permission to distribute. For example, if they are making their own modified version of gcc available for download, but are refusing to provide access to their own source code.

    So yes... there is such a thing as illegally sharing a GPL'd work.

  136. As that grandma from Diane Lane movie said... by shihonage · · Score: 1

    Fascisti !

  137. In perspective... by jrockway · · Score: 1

    The US is often criticized on slashdot for creating oppressive laws (and, at times, rightfully so). However, the regulation that we have here is NOTHING like the regulation under the New Earth Government^W^W^W European Union. There, people proudly donate 90% of their income to the government, and accept whatever rules are imposed on them. They have done this since the beginning of Western society, so they see no need to stop now. Thankfully, the US courts do not put up with this bullshit. I'm confident that the PATRIOT Act, the DMCA, etc, etc. will be struck down by courts. However, I don't see that heppening in Italy. I think that many lives will be ruined by some silly UberMegaMediaCorporation's need to control the government. Oh well, not my problem.

    Also, I love the part about publishing the offender's name in the "national" newspaper. Seems like Italy has resorted to the practices of a third world country.

    You Europeans give us Americans a lot of shit, but at least we don't have to go to jail and be publicly hummiliated for sending our friends some music.

    --
    My other car is first.
    1. Re:In perspective... by mauro2 · · Score: 1

      90% what? Aw geez how did you imagine that?

      I'm Italian. I don't want to give shit to nobody, American or European. Please just spare me these fictional figures.

      Back to point of this news. Not even a single italian has been jailed for p2p or accused based on this law. The Italian government, struck by cricitsm, has prepared new law proposal to remove jail for any personal and not money-producing usage of p2p. The parliament is expected to examine an pass the proposal right after the european election.

      The "jail" emendments were pushed by FIMI (aka RIAA Italian Sector) and secretly added to the bill but of view of the deputies. The text was so obfuscated that only lawyers could interpret it.

      No Italian would ever accept the opinion that jail is a proper response to mp3 sharing. Not even the oldest senators that don't know what the internet his. There is no way that a kid will go to jail for music: the scandal and protests would wipe out the majors from Italy.

      As latin mediterraneans, we have a diffent point of view than other countries. Blatantly absurd attempts at limiting our privacy or freedom made by the recording industries are just a suicidal move.

  138. Bad headline by BillyBlaze · · Score: 2, Insightful

    Copyright infringement is illegal and generally bad. But P2P is neither illegal nor inherently bad. The headline equates them: that is bad.

  139. not really... by NeedleSurfer · · Score: 1

    Publish (source):
    1 a : to make generally known b : to make public announcement of
    2 a : to disseminate to the public b : to produce or release for distribution; specifically : PRINT 2c c : to issue the work of (an author)
    intransitive senses
    1 : to put out an edition
    2 : to have one's work accepted for publication

    Publishing a work is actually done by the artist, trough an editor (usually), which then propose it to different distribution channel. At some point a collection of work might be grouped and recorded (an album), or a single work could be produced (movie), the resulting product would then be published to various distribution channels (in the case of majors, their own).

    Distribute (source):
    transitive senses
    1 : to divide among several or many : APPORTION [distribute expenses]
    3 a : to divide or separate especially into kinds b : to return the units of (as typeset matter) to storage
    4 : to use in or as an operation so as to be mathematically distributive
    intransitive senses : to be mathematically distributive
    [multiplication distributes over addition] - distributee /dis-"tri-by&-'tE/ noun
    synonyms DISTRIBUTE, DISPENSE, DIVIDE, DEAL, DOLE OUT
    mean to give out, usually in shares, to each member of a group.
    DISTRIBUTE implies an apportioning by separation of something into parts, units, or amounts [distributed food to the needy]. DISPENSE suggests the giving of a carefully weighed or measured portion to each of a group according to due or need [dispensed wisdom to the students]. DIVIDE stresses the separation of a whole into parts and implies that the parts are equal [three charitable groups divided the proceeds]. DEAL emphasizes the allotment of something piece by piece [deal out equipment and supplies]. DOLE OUT implies a carefully measured portion that is often scant or niggardly [doled out what little food there was].

    The distribution channels, using various formats (cd, vhs, whatever) then divide the published worked into many copies which they sell (usually).
    When we use P2P software we distribute files, we do not publish them, to be able to publish something a software would need to create that something first.

    However I feel the need to point out that I strongly oppose what is happening in Italy. I just couldn't resist playing the word game. Fact is, most people abusing the law, or using loophole, are actually doing exactly this, arguing over words, not concepts, making the law systems pretty hard to grasp and navigate trough. We don't need a dictionnary, we all knew what they meant in their judgement, even if it's a sad sad one.

  140. One mistake. by Anonymous Coward · · Score: 0

    Your conclusion. Cleverly constructed, but I would point out that your last sentence is complete falsehood, or at least naive assumption in a faulty inductive argument.

    Emailing a copy of an ebook to a friend does not show any CLEAR intent of any such thing.
    Under what presumption should the sender see any causal link between the intended act, enriching his friend with knowledge, and the alleged consequence, loss of profit for the author. The courts make a distinction between Manslaughter and Murder because every human being intuitively understands the consequences of such action. A _reasonable_ evaluation or equity. When it comes to etherial half baked notions like copyright people simply do not make these connections naturally because they are counterintuitive.
    Unless people like yourself continually shove these straw man analogies down their throats noone would EVER consider sharing information _wrong_.

    Nice try.

  141. Il Duce by sydbarrett74 · · Score: 1

    The ghost of Benito Mussolini rears his ugly head!

    --
    'He who has to break a thing to find out what it is, has left the path of wisdom.' -- Gandalf to Saruman
  142. Berlusconi Influence? by SkiifGeek · · Score: 1
    Since this is Italy, I assume this law only really applies to downloading materials that come from companies that Berlusconi owns a controlling interest in.

    I was thinking along the same lines. How much influence would a billionaire media magnate have had in introducing these laws, particularly when said media magnate is president.

    If you think Fox is bad, imagine how bad it would be if Murdoch became US President. Here in Australia there is always a little tension between the media magnates and the government trying to restrict their power. It is difficult when the population gets their political views from the mass media to place too many restrictions on media ownership. It is a case of one body that prints its own money fighting with a group that buys ink by the truckful.

    Having said that, the recent FTA with the USA may be leading .au computer users down a similar path to the Italian (although not as extreme). The power that American bodies such as RIAA and MPAA were, and are, going to be allowed to exert over Australia is disturbing, so much so that Australian performers have formed their own special interest group to highlight the inequalities and unfair treatment that they will receive as a result of the FTA.

  143. There is no math by Anonymous Coward · · Score: 0

    zoit

  144. THESE PEOPLE MUST BE STOPPED! by Anonymous Coward · · Score: 0

    it gets WORSE

    the dumb diabolic perverted dipwits also gave us a nice 45% tax on HARD DISKS AND OTHER METHODS OF MASS STORAGE!

    THESE PEOPLE MUST BE STOPPED!

  145. You missed the point by billybob · · Score: 1

    He was saying that what you said is indeed the case. The point was that, what really is worse? Killing someone because you were going to fast or trading music online? Is protecting someone's intellectual property more valuable than someone else's life? I dont think so. And neither did the original poster.

    --
    Joseph?
  146. Re:May not work by Halfbaked+Plan · · Score: 1

    As far as I know, a copyright is designed to protect a specific work of artistic/creative expression.

    Ummm, no. Anything you write is copyrighted by default. Your comment that I am replying to is copyrighted. It's also a creative expression, you might note.

    --
    resigned
  147. How exactly is this a bad thing? by kmweber · · Score: 1

    If I create a work through the efforts of my mind, I have every right to control its distribution. I'm free not to distribute it at all, or I'm free to distribute it under extremely restrictive terms, or I'm free to BSD it. Whatever I choose, it is my choice and mine alone.

    Now, since no one is holding a gun to your head, you are free to choose whether or not you want to access my creation (assuming I choose to distribute it at all). Since you are free to choose whether or not to accept what I offer, you are morally obligated to abide by whatever terms I demand if you do in fact accept what I offer. Should you violate that agreement, you have not simply breached a contract--you have essentially denied me of my right to my own mind. And that is very deserving of jail, if not torture and death.

    --
    "Other than that, Mrs. Lincoln, how was the play?"
    1. Re:How exactly is this a bad thing? by Zog+The+Undeniable · · Score: 2

      But the punishment here (incarceration, inevitable loss of job and possibly male rape) hardly fits the crime. It will turn some geeks into "real" criminals - burglars, fraudsters and robbers - by the time they get out, you can guarantee that.

      --
      When I am king, you will be first against the wall.
    2. Re:How exactly is this a bad thing? by Anonymous Coward · · Score: 0

      they might even become zionists

    3. Re:How exactly is this a bad thing? by mauro2 · · Score: 1

      There is a great flaw in the Italian copyright law. It was written in 1941, it does not even undertand the meaning of BSD, GNU, and other open licenses.

      Now, publishing under BSD is not forbidden, but to distribute legally the work on CDs in Italy you must pay a small levy to SIAE (Italian Authors and Editor Society). That does not make any sense. That monwy will go to other authors.

      The European union has started reconsidering these matters. A change to this law is expected soon.

  148. I feel so safe now! by T_ConX · · Score: 1

    Now I walk down the street listing to my CDs without fear that those nasty file swappers will steal my music from me! What a turdload!

  149. You Say Sue by coyotedata · · Score: 0

    My name is already copyrighted-when can I start suing. Is this a new Italiano internet game. Did we miss the curve again???

  150. The good thing by m1chael · · Score: 0

    about jail is that it hasn't been outsourced to India yet.

    --
    I know you are psychotic, but please make an effort.
  151. "Darn it!! Why didn't we think of that!" by d474 · · Score: 1

    I bet the RIAA lawyers are green with envy (and $).

    --
    Authority questions you. Return the favor.
  152. Lookout...troll crossing ....... by Ex-MislTech · · Score: 1

    Lookout...troll crossing .......

    --
    google "32 trillion offshore needs IRS attention"
  153. Like they're really a danger to society by Zog+The+Undeniable · · Score: 1

    This is a case of the tail wagging the dog, I think. if you want to stop them, do something appropriate like confiscate their computers and ban them from using the Net for 5 years (like Kevin Mitnick). It's not as if any individual P2P user has much impact on the level of "piracy" - there are plenty of big gangs and under-utilised CD pressing plants to take care of that.

    --
    When I am king, you will be first against the wall.
  154. Some comments from Italy by della · · Score: 1

    First: Italy has well more than two national newspapers! "La Repubblica" and "Il Corriere Della Sera" are just the two most important ones. We are not such a little country, after all!

    Second: this law has been approved, but the proposer of the law (a member of Berlusconi's Forza Italia[1] party) seems to already have agreed to modify it for removing the criminal offence part for file-sharing users. Supposedly, only a fine of at most 1000 (some 1100-1200$) will remain.

    Third: in Italy, we have an enormous record of unapplicated and unapplicable laws (and idiotic ones, of course, but in the computer part I think USA is by far ahead): this one is unapplicable (it's impossible just to think to process every single guy that shared an mp3 file online - that would mean, I guess, at least half of the people between 15 and 30 :-)), but there are even worse ones... a few weeks ago a new law had been approved that mandated all content made publicly available on the net to be sent to a national library... how on the earth could it be made possible? We spent some time making fun of it, and then we'll probably just forget it.

    Fourth: I don't know how is it in other countries, but we have so many ways to reduce the sentence and get into prescription that even Lionel Hutz couldn't have success in making a 18-year old guy be imprisoned for doing file sharing. It's not uncommon that people sentenced to "life" imprisonment get out after ~20 years[2]. Even our "beloved" prime minister got out of several processes with prescription.

    --
    Matteo
    [anglosaxon people sensibilization campaign - all the world makes the effort of learning your language: could you please do us the favor of stopping using your stupid medieval metrics when you are talking to us?]

    [1] Oh, if you have already seen these words without relating to Berlusconi, you probably have seen them in a stadium: prior to Berlusconi's involvment in politics, "forza italia!" was the preferred incitement for the soccer national team... nowadays nobody uses it anymore.

    [2] Yes, it's the maximum possible sentence. Anyway, with mafia and all, we still have very, very, very much less murders than the USA.

    --
    -- Matteo
    1. Re:Some comments from Italy by Anonymous Coward · · Score: 0

      Ben detto.

    2. Re:Some comments from Italy by mauro2 · · Score: 1

      Matteo thanks from clarifyng the situation. I am also from Italy, with some better fresh news.

      As of May 31st, with unprecedented speed considering the tipical parliament times, the Italian minister of technology and innovation has published a press release (not yet translated in english, sorry -- when it will be I will post the link) that announces a second law to amend the one everyone is talking about. I know it is a silly way of making laws, but at least they recognized the flaws.

      The most important announced change is that there will be a clear line drawn: if an Italian person makes out money (real cash, not just a saving by not buying something) out of downloads or uploads of copyrighted material, he will be pursued as a criminal, otherwise it will just be a civil offense cleared with a fine.

      For non criminal offenses searches of private premises and wiretaps are not warrented by judges in Italy. That gives a better perspective on the outcome: "common" p2p will be virtually not subject of sanction, unless a person is caught in flagrance (doing p2p in public, maybe... :) )

      During the time between now and the approval of the 2nd law (expected by the end of July) it is very unlikely that a judge will try to put in jail some people for p2p. By the time the trial would start the crime would have vanished from the Italian law.

      For people that can read Italian, this is the link to the press release of the minister.

      http://www.innovazione.gov.it/ita/comunicati/200 4_ 05_30.shtml

      Thanks to all the people that debated about this issue, knowing it has made the Italian internet users feel a bit better.

      Before leaving, I would like to point out that the Register has been very quick into noticing this "madness" made in Italy, but it also is not saying nothing about the changes. The same newspapers that were cited before published also these news some days ago. I suppose that only when there are silly enough news we are allowed to the international press. Maybe.

    3. Re:Some comments from Italy by mauro2 · · Score: 1

      I forgot an important line:

      It appears that it has been the Italian branch of RIAA (called FIMI) to dictate the jail part of that law. Though I would like Mr. Berlusconi to leave the Italian political scene asap, this one was not his work.

      In Italy and the rest of Europe it's election time now, no politician or party would dare creating such an unpopular law unleas someone else had fooled (or bribed) him to.

      Cheers,
      Mauro

  155. This is all false, draconian but false by Anonymous Coward · · Score: 0

    I'm writing from Italy, of course.

    The fact is that this new law - recently approved, soon to be changed, according to the same politicians that made it - just hardened the problems for using P2P the wrong way.

    In Italy (and almost everywhere) it has always been prohibited to get get unauthorized copies of copyrighted material. If I download a movie or a CD, I know I can be prosecuted. Subtantially NOTHING has changed: piray was and still is prohibited (the fast that the economic market model must be changed, that sociologically things are changing are no matter now, as we're speaking about existing laws).

    This new draconian laws now states one more time that you cannnot do that AND makes you pay - if found guilty - a lot more that the past AND (argh!) publish your name on national newspaper as "old bastard thief". :)

    What is worst is the our politicians are making wrong law on subjects they don't fully comprehed. This new law has been promulgated with the pressure of SIAE, our contry's RIAA.

    So, don't be fooled: until now, italian P2P users has only been alerted of "wrong P2P" usage bay our providers WHEN THEY GOT CONTACTED BY AMERICAN RIAA.

    Oh, yes, one other thing.
    Berlusconi may be the evil but don't believe everything you read...

  156. slashdot sucks by rozz · · Score: 0


    i posted this ~one week ago and got rejected ... i wonder what happened meantime, did they move italy? or it took this long for the "capo ditutti capi" to learn that slahdot is defiantly neglecting them?

    on the other hand, i think slashdot moderating system is a perfect sample for a very simple rule :
    "the percent of stupids is directly proportional with the number of people"

    --
    "There is nothing more frightful than ignorance in action." Johann Wolfgang von Goethe
  157. I've been cautght... by Anonymous Coward · · Score: 0

    I live in italy. I've been fined for being caught whistling the last Britney Spears song under the shower in the gym, which is al public place. Oh my...

  158. Italian films by Anonymous Coward · · Score: 0

    The move comes in direct response to the rise of P2P services such as Kazaa and Gnutella, and was prompted by the country's film industry.

    Who would download an Italian film, let alone watch it?

    1. Re:Italian films by mauro2 · · Score: 1

      Aw geez. Stand back from Leone movies, Benigni, Troisi, De Sica, Fellini and all the others.
      They are evil. I suppose you think the academy awards they got were bribed by the mafia.

      Please, avoid this kind of judgements if you don't know what you're talking about. Italy's movie industry is not as big and great as hollywood, but there are great movies produced in Italy.

      Ask Mr Tarantino.

  159. Cool! by Anonymous Coward · · Score: 0

    This is great news! Maybe they'll fix up the catacombs and repair the coliseum and they can make even greater spectacle of evildoer file sharing pigs by throwing them to the lions! That'll be great sport!

  160. Whats wrong with your idea by Anonymous Coward · · Score: 0

    "For-profit use should require a fair fee paid back to the copyright holder."

    What you propose is unenforceable.

    Say I have Photoshop installed on my computer for my own personal use, but I use GIMP for professional work (okay, unlikely, but not impossible). How can you prove I used Photoshop, and how can I prove I used GIMP, if I filter everything through, say, GraphicConverter and remove or modify all the metadata? What if I really do use Photoshop, and use GraphicConverter to hide the fact, how do you prove it, or should it be assumed that any machine with both products should have a paid license?

    Same goes for a dual-boot system. I might do all my production work using Linux, and only keep Windows around for games. I can't prove that I don't use Windows for production work, so do I still have to pay a license fee? And then there's the games themselves, the driving force of the high-end PC market, which aren't used for profitable work at all: are you seriously insisting the games market, which is turbulent already, should adopt an entirely shareware/donation model? This is totally unrealistic, considering the amount of work (paid hours) that goes into modern games.

    And how is this supposed to work for music or film? Both are entertainment, so do you charge only when someone is entertained, or only if they use part of an existing work for their own commercial purposes? You eliminate 99.9% of your paying audience right there, so you can forget your multi-million dollar blockbusters; Pixar would be out of business as quickly as Disney, and films like Lord of the Rings would be impossible. So your idea works if you only like cheap, amateur film and music, since copyright laws must be consistent whatever the medium it is presented on (the capacity to easily make flawless copies doesn't confer the right to do so).

    "As it is, it's already possible to get a "free" copy of any Microsoft or Adobe product off the 'net."

    And its illegal. But as long as nobody knows you have them (ie you don't use them for production work and you don't put them up on P2P networks), how would anyone know to take action against you? Same goes for music: the only reason peole get busted sharing files is because they are advertising to the world that they are sharing files by making them available via P2P. Remember, prosecution requires that evidence be collected against you; P2P networks have so far proven to be a wonderful source of such evidence, thanks to the hubris of the file sharing fraternity. The *IAAs & BSA were warning several years ago that file sharing was illegal; the file sharers laughed, and said "you can't catch us". Well, now they're being caught, and you're squealing that the laws aren't fair. They were warned, why should they expect any sympathy?

    "See, it just requires a different way of thinking."

    No, it requires completely unrealistic thinking, and a tremendous ego to imagine that someone who obviously has no idea how copyright really works can come up with a simple solution. But then, simple solutions appeal to simple people.

    "We should have laws that make sense, and not have laws that chase impossible goals."

    We should have a sense of responsibilty and respect for the work of others. In this regard, our laws do make sense. Eliminating child abuse, robbery and murder are apparently impossible goals; should these laws be abandoned? File sharers, like serious criminals, are the minority; most people are prepared to pay for what they use. Do we have laws to suit the minority, or do we have laws according to the morals of the majority?

    I'm not saying that every part of existing copyright law represents the desire of the majority, or is the best for society. But really, is civilization going to collapse because you aren't allowed to make Mickey Mouse cartoons, or you have to pay for software? I doubt it.

    But remember, the *IAAs suing people IS enforcing the law. While you may consider it unfair that 14 year olds are facing huge fines,

  161. 25 years? where? by spamhog · · Score: 1

    >> Italy also has a notion of freedom of the press

    Not a "notion". It's in the constitution. We do have libel statutes that bite more than in the US, but way less than in the UK. In practice, political opinion is generally unassailable, with the only limitation that you can't advocate crime, while you can advocate legalizing what the law considers a crime - e.g. drug taking (never legalized) or abortion (later legalized). A big grey area is now advocating armed struggle in foreign countries (you guess where...).

    >>"illa libertario della prensa."
    >> (illa obligadrio della prensa)
    This is neither Latin not Italian. Not even 10th century Italian. I appreciate the nice Spanish and Portuguese resonances, but you're not quite there. Is it Esperanto?

    >> all nationally-sanctioned newspapers are required to print certain materials. Much like legal notices and novenas in American newspapers

    They ARE legal notices. Novenas have nothing to do with it.

    >> the Italian government has the power to influence the press.

    A legal notice is NOT a government interference. It is mandated by the courts. If you are a lawyer you know the difference. If you know Italy, you also know that judiciary and government have been at loggerheads for many years.

    >> All of these announcements are clearly labeled and are almost never mentioned in the newspaper itself, but of course this P2P issue will easily become a page 1 news story of its own.

    Yes, I agree on both counts.

    >> Il Duche Della Cybersecuridata
    Soooo predictable, even complete with the classic misspelling!

  162. Re:Does Slashdot not support the Euro symbol? by Anonymous Coward · · Score: 0

    Try posting as HTML and using the standard HTML &euro; entity, which renders like this: € (If that doesn't work, then it's your browser's fault.)

    Great. Now when is Slashdot going to support the &pound; entity? Or do they know something we British don't?

  163. OMG by Anonymous Coward · · Score: 0

    A obvious student of history posting verifible truths on slashdot?

    Under his own login?

    How can this be?

    Where are the revisionist rants?

    I must be dreaming