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Sen. Hatch to Introduce Wide-ranging Copyright Bill

The Importance of writes "C|Net News is reporting that a new copyright bill, to be introduced next week by Sen. Orrin Hatch, will likely overturn the Betamax decision (which held that VCRs were legal) and threaten all sorts of innovation. EFF broke the story and Copyfight has been all over it. Don't miss the comments of law professor Susan Crawford who says, 'This is amazing. Now we're waaaaaay beyond contributory and vicarious theories of liability, which are court-created and pretty darn broad on their own.' Text of the bill here and PDF."

34 of 891 comments (clear)

  1. Are we a police state yet? by XeRXeS-TCN · · Score: 5, Insightful

    Sigh. Is anyone actually surprised anymore by yet another attempt to remove more freedoms? I thought progress was being made with the bill to remove the more dangerous elements of the DMCA, and now a new "Free Speech Killer"... The world's going to hell in a handbasket.

  2. Could this pass? by powera · · Score: 5, Insightful

    I don't think it stands a snowball's chance in hell, but as it might, we'd better make sure to make our side of the case clear. Hatch may want to blow up our computers, but I hope there are some senators who realize that "He took away your VCR" won't go well on the campaign trail.

    1. Re:Could this pass? by wwest4 · · Score: 5, Insightful


      Chapter 5 of title 17, United States Code, is amended by adding to the end of
      section 501 the following:
      (g) Intentional Inducement of Infringement.-Whoever intentionally
      induces any violation identified in subsection (a) of this section shall be
      liable as an infringer.
      (l) In subsection (g), "intentionally induces" means
      intentionally aids, abets, induces, counsels, or procures,
      and intent may be shown by acts from which a reasonable
      person would find intent to induce infringement based
      upon all relevant information about such acts then
      reasonably available to the actor, including whether the
      activity relies on infringement for its commercial
      viability.
      (2) Nothing in this section shall enlarge or diminish the
      doctrines of vicarious or contributory liability for
      copyright infringement or require any court to unjustly
      withhold or impose any secondary liability for copyright
      infringement.


      See subsection 1 and the broad verbage. This won't get by, at least not without some serious surgery, because there are too many big companies (re: campaign contributors) who stand to lose from such a broad, sweeping change.

      Also, beware of the supposed pretext - child pornography / pedophelia. Some people who are up in arms about these issues may see this bill as virtuous, when it's probably a pork barrel ruse. But I haven't seen any evidence that either thing is 1) correlated or 2) a serious, widespread threat warranting federal legislation. I've seen the same sensational coverage of abuses in the Catholic church, but that is a far cry from scientific studies. Surely Kinsey has done studies on this... but I can't find any clear web references. Maybe being armed with hard science about pedo could help fight the bill (and others using the same red herring).

    2. Re:Could this pass? by robslimo · · Score: 5, Insightful

      Here's a better plan. Write to your senator(s) about this. Sometimes I think they live in a world too insulated from their constituents... let them know your thoughts on the matter... let them see the side of it that Hatch is not going to.

      And of course it does no good to curse and flame at your senators; keep it clean and thoughtful. Here's my effort to that effect:


      Dear Sir,

      I've recently read that Utah Senator Orrin Hatch is preparing a bill that is being referred to as the "Induce Act" which, were it to be passed, would make significant changes to copyright law.

      It may be precipitous to be arguing against something which has not yet been presented, but this one is scary. Wrapped by the excuse of reducing the exploitation of minors, which is a worthy goal, this bill has the potential to wreck the development of software and technology in the US by making any product or service that could possibly be used for copyright violation illegal. Understand that this would have zero effect on technology development outside our borders, putting the US at a severe disadvantage in the global market.

      What is worse is that this is a disingenuous attempt to place unwarranted power in the hands of copyright holders and, especially, publishers. If I thought it had the proverbial "snowball's chance in Hell" of achieving any improved protection for children, I might consider it. As it stands, it is a thinly veiled effort to further remove rights of "fair use" and access to technology from the public. Even assuming that was a desirable goal to a majority, this proposed bill would have deliterious effects of distasterous proportion to the freedoms of US citizens and our ability to compete in the world.

      Please pause for a reality check, read what is appearing in the press regarding this and other efforts to undermine our rights and freedoms and take a very long and careful look at the true agendas and priorities of your colleague, Sen. Orrin Hatch. I don't know who's interests he is attempting to serve, but I am certain they are not those of his state nor this nation.

      Thank you for your time,

      [my name]
      [my address]

  3. Your Rights Online: Slashdotters to be executed. by Anonymous Coward · · Score: 5, Insightful

    "Your Rights Online: Sen. Hatch to Introduce Wide-ranging Slashdot Execution Bill"

    Might as well, since it seems only people on /. know about these bills.. someone has to do something, the general public needs to know whats going on.. having flamewars on /. isn't going to stop this.. Doesnt ANYONE have the ability to get this in major news outlets? No one from CNN or something reads slashdot?

    I'm so sick of reading on /. about how our rights are being taken away and then no one else i know offline knows anything is happenning. FUCK!!!

  4. It's fine but.... by spirality · · Score: 4, Insightful

    It would be fine it the length of copyright was also reduced to say 7 years instead of the infinite lifespan copyrights have now. Not really infinite, but anything copyrighted right now will remain so long after I die.

  5. I hope this passes. by Three+Headed+Man · · Score: 5, Insightful

    Only by offending consumers and performing in-house raids to confiscate VCR's and arrest their owners, is it possible to get the public outraged. Non-slashdot-readers don't hear about bad laws until they're passed. Outrage from the general public will wait until this passes.

    --
    I'm probably at the karma cap. Mod up a funny troll instead, it lightens the mood :)
  6. Re:So he's pretty much out of his mind? by tanguyr · · Score: 4, Insightful

    Why doesn't he find a new cause?
    Campaign donations. I guess he gets paid just to bring this stuff up, irrespective of whether it passes or not. Just making the right noises to please his masters.

    --
    #!/usr/bin/english
  7. Child Exploitation My Ass. by American+AC+in+Paris · · Score: 5, Insightful
    Section 1. SHORT TITLE This Act may be cited as the "Inducement Devolves into Unlawful Child Exploitation Act of 2004."

    Child Exploitation? Child Exploitation? This has about as much to do with child exploitation as it does with farming subsidies or strategic national defense. The only reason this has "Child Exploitation" in the title is so that Hatch et al. can demonize anybody who opposes this as "having voted against protecting children from exploitation".

    This is not about protecting America's children against exploitation; this is about protecting the revenue stream of a powerful business lobby.

    Senator, you're a schmuck and a tool. The afterlife, if it exists, will most likely be a very unpleasant place for you.

    --

    Obliteracy: Words with explosions

  8. This will surely induce me... by Anonymous Coward · · Score: 5, Insightful

    ...to vote Libertarian. Question for conservatives: What the hell do you see in Republicans these days? They've become a bunch of right-wing socialists at this point.

    1. Re:This will surely induce me... by cfalcon · · Score: 5, Insightful

      Growing up, I approved of the Republicans- being a fiscal conservative and all. I didn't really like their social issues, but all the talk was about what the Democrats were doing to take away our rights (remember it was the Clinton administration that talked about 3rd part escrow encyption [Clipper / Capstone], the DMCA, etc.) The implication was that the Republicans would preserve them- basically, Rush and friends sold the Republicans as if they were Libertarians on many social issues. Heck, during the Clinton administration the Republicans were the party of We Are Not The World's Policeman, so they were the antiwar party. When I talk with any Republican friend of mine, they usually speak of a belief in financial conservatism, and a disapproval of the current administration on spending too much (not fiscally conservative). They also don't like most of the freedom restricting things that we on slashdot don't like (in general, of course), but since all third parties are so kooky and radical and can never win they'll never vote for any of them. Long term implications? I bet within 20 years the current Republican party will be a lot more liberal on social issues. But for now a lot of people who would never vote for a third party are now looking at the Democrats a little more seriously.

  9. This is messed up! by Anonymous Coward · · Score: 5, Insightful

    There is just something wrong about advocating PRISON TIME for someone commiting a nonviolent offense WITH NO PROFIT MOTIVE. Unlike the previous boogeyman of drug laws, nobody is even being hurt here - hence the whole idea of fair use. There's just something fundamentally wrong here. These proposed bills are getting crazier and crazier.

    Legislators in Canada (I am not an American. YMMV) looked at this and while recognizing a problem, rejected the notion of stiff criminal penalties for this kind of thing. This concerned me here enough to write a detailed letter to the committee reviewing these laws in Canada.

    Control over media devices has another impact to - it's about control over the PRODUCTION OF MEDIA. With so much news and speech regulated THROUGH the media, this is tremendously important for the future of free speech in the USA.

    Sigh, sometimes I think the world went mad while I wasn't looking. You just don't put people in PRISON for sharing a SONG with NO PROFIT. There is this thing called CIVIL law. Sue him into the ground, sure. Prison is where you put murderers and rapists - not copyright infringers. I wonder how many politicians in the USA would see the irony if they looked back at the treatment of international patents over historical timescales.

    Arrgh! Please, get involved in this process and get organized. DO SOMETHING.

  10. Exploitation? by genixia · · Score: 5, Insightful

    "Inducement Devolves into Unlawful Child Exploitation Act of 2004."

    What!!???
    Using peoples' fear of child exploitation as a tool to push through draconian copyright measures to help BigCorp Inc. is despicable.

    Surely this _is_ child exploitation.

    It's bad enough that there are sickos in society preying on children for their bodies without someone to then abusing that exploitation to steal their legal rights.

    Fascist Alert.

  11. Re:Powerful incentives by cluckshot · · Score: 5, Insightful

    Has anyone out there noted that he is not sponsoring legislation to make sure that computer programmers get copyrights and royalties for their work just like musical writers and performers do? I think that if he gave one rats rump about realy copyrights he would start with the people who are being ripped off of their rights the most.

    --
    Never Politically Correct ~ I prefer the facts If you don't like what I say, get a life, or comment yourself.
  12. Re:So he's pretty much out of his mind? by tsg · · Score: 5, Insightful

    Just making the right noises to please his masters.

    Or (and this is probably closer to a tin-foil-hat type theory, but that doesn't make it false), he is taking the extreme so much farther out that the merely ridiculous looks sane by comparison.

    --
    People's desire to believe they are right is much stronger than their desire to be right.
  13. I just sent my contribution to EFF... by skyryder12 · · Score: 5, Insightful

    ...I would recommend that you do the same. Looks like a full court press while the Republicans control everything...too good an opportunity for the greedheads to pass up.....

  14. Gotta love "freedom" by FerretFrottage · · Score: 4, Insightful

    Not intentionally trolling, but is it any wonder why other countries don't accept our way of governing with open arms.

    US Ambassador sales pitch on democracy:
    "So look, get get all this freedom in a 'democracy', but the trick, and you'll love this, is that you have the freedom to take away freedom. Now don't do it right away, give them 100 or so years and then start doing it slowly so that no one notices til it's too late. It also helps to get in bed with big business cuase oil or not, cash is king."

    --
    "Look Lois, the two symbols of the Republican Party: an elephant, and a fat white guy who is threatened by change."
  15. Insanity by LightStruk · · Score: 4, Insightful

    Since they "aid" and "abet" copyright infringement, normal CD Burners would also be illegal under this law. It's as if Sony Music wants Sony Electronics to stop making devices that are obviously designed solely to pirate their copyrighted works.

  16. Lobbying = Corruption. by DRWHOISME · · Score: 5, Insightful

    These congressman are paid hitmen and are all corrupt because the system is about lobbying(which needs to be outlawed). Lobbying = Corruption. This should not be a lobbyocracy but a democratic republic.

    1. Re:Lobbying = Corruption. by 0123456 · · Score: 5, Insightful

      "the system is about lobbying(which needs to be outlawed)."

      Lobbying wouldn't be a problem if the US government would actually abide by the constitution. There are so few things that the Federal govermment can legally do, that lobbying would be pointless... this law, for one, is obviously and blatantly unconstitutional.

    2. Re:Lobbying = Corruption. by DRWHOISME · · Score: 4, Insightful

      How can you say gift giving or big campaign donations do not taint the system ?

      It's all about special interest and buying people out.

      And about circumventing the process.

      Should be illegal.

  17. Re:Overturn Betamax? by DunbarTheInept · · Score: 4, Insightful

    A handgun is designed specifically to be capable of destroying flesh, with the intent to wound or kill. If you shoot someone with it, you are using it for exactly what it was made for. The fact that it can be a deterrent to crime is just a side-effect of this feature. It is not a seperate type of use altogether, as the gun lobby tries to phrase it. (Note: I favor gun ownership rights - I just think that this particular argument is a stupid way to try to support it. The reason I support gun ownership rights is specifically *because* guns are an unbalancing factor that makes it trivially easy to kill - that's the kind of power that shouldn't be solely in the hands of government.) Digital copying, on the other hand, has uses that are totally independant of copyright violations. Outlawing it is like trying to reduce traffic fatalities by making it illegal for anybody to own a car.

    --

    Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  18. Re:Powerful incentives by Squareball · · Score: 4, Insightful

    Interesting that the government thinks it owns my body. ugh. I guess they can't risk me dying. They need the tax revenue.

  19. Re:When does this fucker's term expire? by Hoodsen · · Score: 5, Insightful

    From what I have heard, Hatch is a very amiable, likable guy. People who have told me that have also told me he is completely full of BS. The folks in particular I am thinking about who met him came away with an overall good impression, saying "he's a really nice guy" but were also somewhat frustrated because he would pretend to answer their questions but really just gave them a stream of BS (that sounded good, but looking back it was clear he didn't know what he was talking about). Unfortunately, folks like this slip through the cracks and into office a lot in a democratic system; I think that's the bad we take with the good.

    I think if Hatch were up for re-election in November, he might get the boot (even in the ultra-conservative state of Utah). But his term isn't up until 2006. There is a good Democrat running against him then, I wish I could remember his name, that might have a shot. But I am just worried that with 2 years left to go, Hatch has plenty of time to do some positive PR work to help his image.

  20. Re:Powerful incentives by TopShelf · · Score: 5, Insightful

    You have to remember that most of those goodies arrive after a lawmaker leaves office, in the form of cushy consulting jobs, or positions on corporate boards that require little if any actual work.

    --
    Stop by my site where I write about ERP systems & more
  21. Re:Powerful incentives by TykeClone · · Score: 4, Insightful

    The perfect time (in the government's eyes) for you to die is at age 6x and 1/2 when you retire - you've spent 40 or more years paying into social security, but haven't yet started drawing from it.

    --
    A fine is a tax you pay for doing wrong and a tax is a fine you pay for doing all right.
  22. Re:Powerful incentives by pete-classic · · Score: 5, Insightful

    I don't think writers or performers get royalties if the work is produced as work for hire.

    -Peter

  23. Anti-American Activities by Esion+Modnar · · Score: 4, Insightful
    I'm sure that Mr. Hatch is properly within his rights as a US Senator to introduce this Bill, and that nothing he is doing is treason. He is, however, attacking the 1st Amendment, which Amendment protects his right to introduce this Bill in the first place.

    I'm also pretty sure that he's got himself covered in regards to any possible charges of being bribed by lobbyists, PAC's, etc. He's probably too smart for that.

    However, I can't but help feel that he is a traitor. He is un-American, and I hope that he loses re-election. The 1st Amendment is 1st because of its importance to America, and the 1st Amendment is America.

    You attack the 1st Amendment, you attack America.

    So, Mr. Hatch: ES&D.

    --

    They say the first thing to go is your penis. Well, it's either that or your brain. I forget which...
  24. I'm not too sure of that. by Too+Much+Noise · · Score: 4, Insightful
    Well, I'm not sure VCR users will be affected. Technically, that would have been an infreingement even without this and the present attitude doesn't have to change. On the other hand, here's something that won't offend most consumers, but might hit /. readers hard in the head. The bill says:

    Intentional Inducement of Infringement.-Whoever intentionally induces any violation identified in subsection (a) of this section shall be liable as an infringer.

    In subsection (g), "intentionally induces" means intentionally aids, abets, induces, counsels, or procures


    Well, if you thought the DeCSS lawsuits were frivolous, you're in for a new type. This would effectively ban the LAME-type projects that are source-only in order to avoid copyright infringement. Yep - you're 'inducing' violations by providing a means to distribute illegal copies of copyright materials. What about audio rippers? Well, if they can be inducing violations, they're infringing. Forget about fair use. All you need to ban some product is an example of its use for copyright infringement and a benevolent judge that would accept some broader definition for 'intentional'.

    Also, this will be a generalized ban for any devices non-compliant with future equivalents of the broadcast flag in other fields. Maybe even selling the old non-compliant devices, as they're sure to be used for an infringing purpose.

    I hope I'm wrong, but remember, if the wording of the law allows it, sooner or later someone WILL use it.
  25. Re:Powerful incentives by bnenning · · Score: 5, Insightful

    But seriously - look at the voting records as a whole on issues of copyright and personal freedoms. There is a *Massive*, *Stark* rift between the voting records of the two parties when it comes to civil liberties.

    Yeah, I remember the principled opposition to the Patriot Act by Democrats...um, wait. But they did try to stop Republican Bill Clinton from passing the DMCA...hmm. Well, at least they stood up against Carnivore, Echelon, Clipper, CALEA and encryption export controls. Actually no, that never happened either. (In fact, John Ashcroft was a leading opponent of export controls).

    It is increasingly obvious that neither major party gives a s**t about civil liberties; unfortunately the Libertarian Party consists mainly of nutjobs and there's no alternative for those of us who value both personal and economic freedom.

    --
    How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
  26. Only one infraction by Senator Hatch by mysterious_mark · · Score: 4, Insightful

    It is worth noting that Senator Hatch has a long history of supporting legislation that tramples upon constitutional rights and civil liberties, this man is definitley an enemy of your rights and the constitution, anyone in Utah really needs to remember to vote and get this bastard out of Office. He has waged war on the Bill of Rights long enough. M

  27. Copy machines? by Minstrel+Boy · · Score: 5, Insightful

    "If you make a product that has dual uses, infringing and not infringing, and you know there's infringement, you're liable." Wouldn't this automatically make all copy machines illegal? IANAL, but they seem to fall precisely into the same category as the VCR. I don't see anything that restricts this bill to digital media. I'm sure there are more ripple effects as well, but that one certainly jumped out at me. KeS

  28. Re:Powerful incentives by Rei · · Score: 5, Insightful

    Oh, give me a break. The Dems in the house voted for the Patriot Act at 72.6%, while the Republicans were near universal (that took *real* guts to vote against it just after 9/11). You want to talk about the eight worst internet laws? 18 of the 93 worst offenders were Democrats, and only two were in the top 25. Echelon? Kerry is currently being bashed by Bush for trying to cut intelligence programs like that. Furthermore....

    http://scorecard.aclu.org/archival.html

    For 2001, the ACLU's overall rankings were 74% for Democrats and 14% for Republicans. *Of Course* you can pick out cases from the 26%. But it is horribly misleading.

    Don't trust the ACLU? Look at EFF archives. Same sort of thing.

    BTW, if you're one of the "both parties are the same" people, give it a rest and visit >A HREF="http://vote-smart.com">Project Vote Smart, a voting record site. Notice in the summaries that of the 107 different ratings, 93 of them had the parties almost completely stratified on the issue. Now, you can claim that you have a *mix* of alignment with the parties, but to claim that they're the same is just not correct.

    Look, I know what it's like. I was raised a Republican. My uncle was even in the House of Representatives. I really, truly believed that they stood for civil liberties. But the voting records don't lie: when it comes to civil liberties, on everything but guns, they're just awful.

    --
    You know when it's okay to shout fire in a crowded theatre? When it's on fire.
  29. Other Infringing Products by canfirman · · Score: 4, Insightful
    The Induce Act stands for "Inducement Devolves into Unlawful Child Exploitation Act," a reference to Capitol Hill's frequently stated concern that file-trading networks are a source of unlawful pornography.

    Well then, next we should be banning:

    1. Cameras - they can be used to take pictures of infringing or unlawful material.

    2. Tape Recorders - they can be used to produce an audio copy of infringing or unlawful material.

    3. Cell Phones - they can transmit infringing or unlawful material.

    4. Magazines - in case anybody prints infringing or unlawful material.

    5. Books - see point 4.

    6. The internet as a whole - transmission of infringing or unlawful material.

    ...

    I know I'm exagerating a bit, but it seems to me this law is like trying to kill a fly with a nuclear bomb - you'll get the desired effect, but totaly blow away things you did not intend to do. I feel innovation will be stifled because companies will be afraid of "possible infringement" and don't want to be liable.

    I only hope that Congress wakes up and sees the impact of this law ... but I'm not holding my breath.

    --
    It is not our abilities that show what we truly are... it is our choices.