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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."

163 of 891 comments (clear)

  1. Powerful incentives by SIGALRM · · Score: 5, Interesting

    the Induce Act was scheduled to be introduced Thursday by Sen. Orrin Hatch, R-Utah

    Senator Hatch has a powerful incentive in attacking P2P networks (see #'s 7, 15, 18).

    Oddly enough, by the same logic he's using in this legislation prescription drugs should be illegal because they can be used to kill as well as heal. But since the rest of his top contributors are pharma co's he isn't likely to raise that as an issue is he?

    --
    Sigs cause cancer.
    1. 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.
    2. Re:Powerful incentives by dmitriy · · Score: 3, Insightful

      > Oddly enough, by the same logic he's using in this legislation prescription drugs should be illegal because they can be used to kill as well as heal

      That's why prescription drugs are heavily regulated, you cannot take drugs prescribed to somebody else, etc.

    3. Re:Powerful incentives by clbyjack81 · · Score: 5, Informative
      And even more screwed up is how he abides by his own convictions .

      --
      Cole's Axiom: The sum of the intelligence on the planet is a constant. The population is growing.
    4. 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.

    5. Re:Powerful incentives by SIGALRM · · Score: 2, Insightful

      Sure, and regulating is one thing; but as I understand the legislation, a *potential* for abuse becomes equal to a crime in the case of P2P networks/devices that "encourage the abuse".

      I was just making the point--prescription drugs have the potential to be abused also, but that does not make them bad per se.

      --
      Sigs cause cancer.
    6. Re:Powerful incentives by Anonymous Coward · · Score: 2, Insightful


      Senator Hatch has a powerful incentive in attacking P2P networks


      Not to mention his son's little lawfirm is on SCO's payola, which drastically needs immediate changes in copyright law if it's going to have a snowball's chance in hell of stealing Linux and killing off open source.

      Clever... Hatch & Son. Buy one, get one free! Oh wait... that phrase is copyrighted!

    7. Re:Powerful incentives by Stargoat · · Score: 5, Informative

      Hey, it's our old friend, the Jackass from Utah!
      1. Senator Hatch was the fellow who last year wanted to develop software to physically destroy the computers of people who download music.
      2. One of his staffers cracked into computers of House Democrats.
      3. Senator Hatch's website used unlicensed (read illegal) hosting software for several months.
      4. Hatch also thinks of himself as an amateur musician, who is losing money because people download his music.
      5. Hatch's son is a lawyer, one of who's clients is the SCO.

      --
      Hoist Number One and Number Six.
    8. Re:Powerful incentives by vnguyen6 · · Score: 4, Interesting

      Does anyone notice the majority of the companies contributing to Senator Hatch were investigated for frauds? HealthSouth, Pfizer, Qwest, Metabolife, AT&T, AOL, Global Crossing... Senator Hatch should be introducing legislation going after companies committing frauds.

    9. 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
    10. 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.
    11. 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

    12. Re:Powerful incentives by Rei · · Score: 2, Insightful

      I still can't believe that *anyone* who cares at *all* about civil liberties would *ever* vote Republican. I mean, seriously, everyone. Yeah, you can say, "well, most Democrats voted for the Patriot Act!" (right after September 11th, where most would have been voted out of office if they didn't vote for that single bill, and where Republicans voted in even more full force), or "Gore supported the V-chip!" (despite the fact that the V-chip is one of the most minor of these sorts of issues, and that the Republicans supported it more).

      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. Why vote to take away your freedoms?

      --
      You know when it's okay to shout fire in a crowded theatre? When it's on fire.
    13. Re:Powerful incentives by twbecker · · Score: 2, Insightful

      Both parties have axes to grind. Most of the Dems would have our guns if they thought they could get them. I'm a registered Republican, but I vote for candidates, not parties. I think both this bill and Mr. Hatch suck dick.

      --
      "The problem with internet quotations is that many are not genuine" -Abraham Lincoln
    14. Re:Powerful incentives by Simonetta · · Score: 2, Interesting

      All laws like this (overly broad and specifically targetting minorities for extortion, the minority in this case being young people who download and don't vote) are enforced in the real world as balance between how much money can be extorted from the target and how much this extortion depresses the economic activity that generates the wealth from which the extortion comes. They are basically designed to function as an open-ended and arbitrary tax.
      They backfire when all the people who have been extorted using these laws are prevented from creating more wealth (when they can't get jobs according to their abilities because of their 'criminal' records) and this starts to reduce the flow of wealth to the extorters.
      Lots of laws in this category are proposed. The ones that pass usually place more emphasis on pulling money from the target minority than providing a legal means for imprisoning the minority.
      The drug laws are in this category in that they provide a way of extorting large amounts of money from the (usually white) middle class in fines and legal fees for ma*ri*jua*na (they do watch the net for that word) offences. They also provide an easy way to imprison economically marginal minorities (usually young blacks, who also don't vote) for unrealistically long terms for minor drug offences. The fact that in the USA the money spent on prisons goes to private corporations who give money to legislators to pass 'get tough' laws against minorities (anyone who doesn't vote) is just icing on the cake.
      The Chinese have a saying that the easiest way to get out of a really bad political situation is to just leave.

    15. Re:Powerful incentives by Erwos · · Score: 5, Informative

      The Digital Millenium Copyright Act was passed under a Democratic president. Please stop trying to pretend either party is terribly interested in giving you all the "fair use rights" you want for copyrighted works.

      -Erwos

      --
      Plausible conjecture should not be misrepresented as proof positive.
    16. Re:Powerful incentives by cluckshot · · Score: 3, Insightful

      Writers and performers can get paid salary but they also can get paid royalties based upon some pretty strongly defended copy protection rights under law. The FBI enforces these.

      How many programmers do you know who get offered the chance to write for retained royalty pay? Do you think you are likely to get offered such rights which currently do not exist under law? [NOT NO...^*!! NO!] Please get with reality here. Computer programmers are more likely to have their work last longer than movie actors and screen writers who most often get royalties for use.

      My objection to SCO and others is not that they should get paid for their work, rather that they stole the work they are demanding to get paid for!

      --
      Never Politically Correct ~ I prefer the facts If you don't like what I say, get a life, or comment yourself.
    17. Re:Powerful incentives by CaptainPuppydog · · Score: 2, Funny
      Oddly enough, by the same logic he's using in this legislation prescription drugs should be illegal because they can be used to kill as well as heal.

      Lets not forget the internet itself... ftp, p2p, http, etc. all run on that evil invention, and can all be used for infringing copyright or distribution of kiddie porn... Oh, the humanity...


      CPD.
    18. 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.
    19. Re:Powerful incentives by micromoog · · Score: 3, Informative
      Programmers do work that is easily repeatable by others. Sorry, but it's the truth . . . ten programmers may implement a spec slightly differently, but the end result is basically the same.

      Ten writers will NOT produce the same script given a basic treatment. And probably only one of those will be good enough to become an actual movie.

      It's completely different. Programming is NOT art.

    20. Re:Powerful incentives by bnenning · · Score: 2, Informative

      This should be "insightful" instead of "funny". It's why cigarettes will never be made illegal, even though they're far more harmful than many illegal drugs. By dying early (and paying cigarette taxes), smokers are a large benefit to government cash flow.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    21. Re:Powerful incentives by Anonymous Coward · · Score: 3, Interesting

      You missed why I hate him.

      6. He is always trying to amend the Constitution. For example, he keeps introducing an amendment to ban flag burning over and over.

    22. Re:Powerful incentives by nate1138 · · Score: 2, Interesting

      Damn. That list is a who's who of corporate evil. Let's look, shall we:

      1 HealthSouth Corp $38,255 - A corporate accounting scandal to rival Enron. And a defiant CEO that denies wrongdoing even as his lackeys are selling him down the river.

      4 Metabolife $27,250 - The makers of questionable diet pills (earlier versions were pumped FULL of ephedra, which the FDA is banning)

      7 AOL Time Warner $24,000 - I don't really need to say anything about this one, do I?

      9 Novell Inc $20,500 - This is puzzling. Novell is usually so reasonable. Maybe it's time to write them and tell them how much the community disapproves of them sponsoring such a jackass.

      12 Global Crossing $19,500 - Another of the biggest corporate frauds in American history. This guy sure keeps good company, doesn't he?

      15 Viacom Inc $18,750 - Surprise, surpise. Another media giant.

      20 Walt Disney Co $17,000 - And who could forget Disney. The company that built their empire on public domain stories and uses their financial might to ensure that Mickey stays theirs forever. Public domain be damned!

      With all due respect, Mr. Hatch. Go fuck yourself.

      --
      Where's my lobbyist? Right here.
    23. Re:Powerful incentives by NoMoreNicksLeft · · Score: 4, Interesting

      Every summer movie preview that I haven't been lucky enough to avoid, seems so chock full of blatant formula, that you'd swear up and down that 1 scriptwriter wrote every single one of them, with his worn copy of "Hollywood Scriptwriting Formula" at his side.

      To think that a Carmack-level uberprogrammer is somehow less creative than these worthless tripe peddlers is obscene, to state it publically with the conviction you seem to have is positively blasphemous.

    24. Re:Powerful incentives by Anonymous Coward · · Score: 2, Insightful

      Same as grandparent.
      I'm a registered R. and I'm finding it really hard to vote Republican this coming election.

      Bush isn't an idiot, he just comes across as one (which is just as bad). The big problem with Bush is that his focus isn't centered on the problems in the country, and rather on fame/fortune/etc. It's so obvious he's not a good president.

      Now this Hackjob Hachet comes around and really pisses me off. Ugh.

    25. Re:Powerful incentives by glenrm · · Score: 2, Insightful

      Indeed. Imagine if Libertarians had the ability to elect just one or maybe two senators, in the current razors edge environment in the senate they would be quite powerful. Instead they try to run for the Presidency every four year for what a few percentage points. Focus on freedom...

    26. Re:Powerful incentives by DukeyToo · · Score: 5, Funny

      Yep. As soon as I see "Sen Hatch to...", I just feel like crying. The fact that he is an elected official just drives me crazy. Its like a glazed donut, washed down with beer.

      Wake up Utah, there's something stuck on your shoe, and you're stinking up the country.

      --
      Most writers regard truth as their most valuable possession, and therefore are most economical in its use - Mark Twain
    27. Re:Powerful incentives by catfood · · Score: 3, Insightful
      ...I seriously doubt that there is much in the way of code that will last more than 10-15 years.

      ...he says as I take a break from maintaining an application that goes back to at least 1987 (hard to tell from the comments) and is still being used in, oh, a few thousand sites.

      Dude, some software lasts a long, long time.

    28. Re:Powerful incentives by EvilLordSoth · · Score: 2, Insightful

      From that same link, wouldn't it be quite detrimental to Novell (pretty high up there on his contributer's list ?) for this law to be passed ? A LOT of reverse engineering goes on to make Suse work nicely with Windows and other proprietary programs doesn't it ? -A

    29. Re:Powerful incentives by dwillden · · Score: 3, Informative
      He used to give us fairly decent representation. Then he started recording his music, and went off the deep-end on copyright issues. His repeated attempts to amend the constitution have always been comic relief.

      Unfortunately he's not up for re-election til 06, and it is doubtful the Republican party will put up any serious contenders for his seat. Demos just waste their time and money trying for a Senate seat in Utah. There is one house seat they usually do well in, but forget the Senate.

      As to this issue, I'm just waiting for EFF to put up an action center item on this, once they do he'll get a fax or three on this issue.

      --
      I'm too lazy to compose a creative sig.
    30. Re:Powerful incentives by Kymermosst · · Score: 4, Informative

      I've never understood why people register for a party....most people I know don't like everything one party does, etc. I can't imagine just voting a 'party line' on all issues and candidates. To me that just shows no thought process or consideration at all. I say bravo to the grandparent of the thread saying he votes here at there even though a registered party person, but, I'm curious why register to a party at all?

      Why register with a party? Here are a few reasons I can think of:

      * MOST IMPORTANT: Being registered with a party lets you vote in the party primary in states that do not have an open primary. YOU SHOULD ALWAYS VOTE IN THE PRIMARY!!! If most of the Republican-leaning independents would register with the party, for example, and choose primary candidates that were more moderate, there would be less idiots like Hatch in the upper ranks.
      * If you want to run for office, long standing in the party will equate to added support for you.
      * All of the organization of the party starts at elected Precint Committeeperson (PCP) positions (in the major parties, anyway). Being registered with a party allows you to be elected to one of these positions. Getting elected to a PCP position means having some amount of say on party policy, especially at the local level.
      * Being involved in the party by participating at the local level allows you to meet all of the candidates running in your area, and you can do your part to help the one you agree with the best to get elected. If none of them are good enough, run for office yourself.

      FWIW, I'm a Republican, my wife and I both hold Precinct Committeeperson positions, and I am involved with the party a lot at the local level. I run the network at the central committee office and volunteer time here and there on various campaigns. I also contribute actual dollars to some of the candidates I like.

      Knowing and volunteering for candidates is important if you really care about issues like this. You know what you get with your vote, and should that person be elected, they'll remember who you are when you want them to listen to why you think this latest bill is a bad idea.

      --
      "Alcohol, Tobacco, Firearms, and Explosives" should be a convenience store, not a government agency.
    31. Re:Powerful incentives by Brandybuck · · Score: 2, Interesting

      Oh puh-leaze!!

      I am not a Republican, but I have seen far more of them support traditional civil liberties than Democrats. For every Hatch (R for RIAA) you have a Hollings (D for Disney). Every Republican who believes in smaller government should be in favor or reducing the scope of copyright law. Many notable Republicans are already there, such as Steve Forbes and Phyllis Schafly.

      I don't care about the V-Chip so much as I cared about the Clipper chip that Clinton tried to ram down the public's throat back when hardly anyone was aware of the issue. Had he gotten that through none of the current debate over online freedoms would even matter.

      I have looked at the voting records of both sides, and not merely listened to the predigested pap the media serves up. The voting record shows that the majority of BOTH Democrats and Republicans are self serving power hungry idiots, but that BOTH parties still have a few exceptions.

      --
      Don't blame me, I didn't vote for either of them!
    32. 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.
    33. Re:Powerful incentives by NoMoreNicksLeft · · Score: 2, Interesting

      How could Einstein be what he was, without describing things with words? To say such things, shows how little you know of art, poetry, music, and especially "engineering".

      It's not obivous, and you aren't to be blamed (yet) for not seeing it, but you'd think with such fields as architecture or gardening, that there is art in everything. Ever bought some junky piece of electronics (or anything for that matter), where you swear up and down because they made some obvious "design" flaw that even you, the non-engineer could see? That was an engineer without art, without inspiration.

    34. Re:Powerful incentives by theCat · · Score: 2, Interesting

      It may be invalid now to point to one party or another and say they are in the pockets of business.

      Both major parties are in special interest pockets, deeply. Nobody gets elected in the US without huge monetary contributions from businesses. And those businesses include media and entertainment providers.

      I don't vote Republican myself, but these days I can hardly justify voting Democrat. It is very disturbing, the landscape we face, where business have the rights of individuals including the right to influence politics via elections.

      I suppose I am now of the same mind as Thomas Jefferson, who I understand pretty much imagined that we would scrap our government every few generations, rewrite the Constitution, and start over. Other than starting over from scratch, I have no idea how we will get our government back into the service of the people and out of the tentacles of business.

      Failing that I suppose we could simply ignore Federal government the way we might ignore a constitutional monarchy, as a quaint holdover of another age. But the Feds *do* pass laws and treaties and they *could* send around the Army to enforce those treaties if they wanted to. Hmm....sounds a bit like the colonials and King George in 1776?

      --
      =^..^= all your rodent are belong to us
    35. Re:Powerful incentives by TCQuad · · Score: 2, Funny

      The perfect time (in the government's eyes) for you to die is at age 6x and 1/2...

      Oh, God! What's the value of X? My 24th birthday was a month and a half ago, will I live to see another Halloween???

    36. Re:Powerful incentives by grumpygrodyguy · · Score: 2, Insightful

      "The Digital Millenium Copyright Act was passed under a Democratic president. Please stop trying to pretend either party is terribly interested in giving you all the "fair use rights" you want for copyrighted works."

      This is not a partisan issue, it's an american issue. Any freedom conscious american should be aware of how his/her senator is planning to vote on this bill. Is your representative voting to protect media lobbyists or the average american? This bill is a threat to freedom, a threat to free speech, a threat to the right to share information, and it cannot be allowed to take root in a country that values these things.

      Please do whatever you can to stop this bill, it is the result of misguided FUD from the likes of the RIAA and the MPAA. Our congressmen and women deserve a chance to hear both sides of this issue. They cannot be faulted for neglegence if we don't perform our civic duty and make clear how damaging this bill is to you and me. How many of you have grudgingly gone to jury duty for a day or two? Is this issue any less important? Is there any public issue more deserving of your time?

      Please don't sit on your hands on this one. If you have a phone, if you have stamps, if you have access to e-mail you can make a difference. Please contact your representatives and do your part to help preserve our digital democracy.

      "All that is required for evil to triumph is for good men to do nothing."

      --
      The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky
    37. Re:Powerful incentives by BlueStrat · · Score: 2, Insightful

      "An artist creates something and is focused on creating something for the thing's own sake, or as a means of expression.

      A craftsman (including engineers and scientists) creates something for a purpose--to do something, or prove something, or learn something."

      I don't see it as being that clear cut, sorry. I'm both an "artist" (musician/songwriter) and a "craftsman" (electronics engineering tech/designer..design/build my own guitar amps among many other things), and in order for someone to excel at "craftsmanship", one needs creativity and artistry. Also, to excel at creativity/artistry, good craftsmanship is necessary. They are not separate things, but sides of the same coin, each dependent upon the other. As an aside, I don't see where the previous post you replied to used an ad hominem attack, it merely questioned your breadth of knowledge of the subject based on your statement.

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    38. Re:Powerful incentives by isorox · · Score: 2, Funny
      ...I seriously doubt that there is much in the way of code that will last more than 10-15 years.

      Dude, some software lasts a long, long time.


      Duke Nukem Forever will be 15 years old when it's released.
  2. 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.

    1. Re:Are we a police state yet? by XeRXeS-TCN · · Score: 3, Insightful

      As 0123456 so rightly points out, many of the policies implemented within the United States are ultimately forced through in other countries as a direct result, so that American corporations can protect their "Intellectual Property" and copyright overseas as well as domestically.

      And for the record, I'm more than aware that there is a world outside the USA. As a matter of fact, I don't live in the US. But that does not stop me from desparing at the actions of a government who appears to be utterly controlled by the big corporations, and who will systematically remove more and more personal freedoms from ordinary people, once coerced into doing so by the big businesses. Forgive me for feeling some amount of sympathy for people who are at risk of being arrested, fined or even jailed for the most minor copyright infringements.

      The USA is one of the biggest countries in the world, and it's certainly one of, if not *the* most influential, so to see actions like these is ultimately depressing on a global scale, no matter what country you come from.

    2. Re:Are we a police state yet? by tabrnaker · · Score: 2, Insightful

      The united states is not the world. Don't worry, according to lots of other countries, you're already in hell :)

    3. Re:Are we a police state yet? by midifarm · · Score: 2, Insightful
      Why not ban HD's in general. Since they're the breeding ground for all child pornography. Perhaps the internet, because that's where all the copywritten information is traded? Tivo, DVD-R, VCR, Beta (with the exemption for the exhaulted broadcasting companies that would never do any harm), HD's, CD-R, cassette tapes and even the lowly floppy should all be banned because they all have the potential for illegal copying and trading. Everything should be read only. If it has the potential for recording it should be banned!

      I say we dowse this need for a paperless society and go back strictly to paper paper everywhere!

      Let's be realistic, this is over the top nonsense. Obviously anyone that supports this idea of thinking needs the live in a state of Orwellian martial law and complete governmental control of the media and why stop there, include thought. A nation of drones all serving the mighty Utah based society with our leader Orrin Hatch.

      Fight the power people! Our Constitutional rights are taken away more and more in the name of safety and corporate greed.

      Peace

    4. Re:Are we a police state yet? by sapped · · Score: 2, Funny

      The world's going to hell in a handbasket.

      Actually it isn't. The handbasket(patent pending) is not available for licensing as a transportation device to hell yet due to litigation issues with the shopping basket(tm) owners.

      Of course the world is still going to hell, but this means that we will have carry each piece there by hand.

  3. So he's pretty much out of his mind? by norculf · · Score: 4, Interesting

    I haven't been following too closely, but it seems like he just keeps coming up with stuff like this, and just keeps getting smacked down, because even an idiot can tell it's not reasonable. Why doesn't he find a new cause?

    1. 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
    2. 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.
    3. Re:So he's pretty much out of his mind? by The0retical · · Score: 2, Insightful

      The issue is that a lot of legislators now days do not understand technology before they start to regulate it. Not understanding the good and the bad and weighing them against each other before outlawing it causes major problems later down the line.

      Take the Roman Empire for example, they started outlawing all kinds of technolgy and that later lead to a static society there by leading to their downfall. Evolution is key to any society surviving, but lately it seems that politicians would have otherwise.

  4. Is anyone surprised? by absurdist · · Score: 5, Interesting

    Orrin Hatch has been in the pocket of the recording industry for ages. Could it have something to do with the disproportionate royalties he receives for his avocation as a "popular song writer?"

    1. Re:Is anyone surprised? by Three+Headed+Man · · Score: 2

      Let's slashdot his page!

      http://www.hatchmusic.com/

      --
      I'm probably at the karma cap. Mod up a funny troll instead, it lightens the mood :)
  5. 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 tanguyr · · Score: 5, Funny

      "He took away your VCR" won't go well on the campaign trail

      lol - if you thought Americans got mad when you went for their guns, wait till you see what happens when you go for their TVs.

      --
      #!/usr/bin/english
    2. Re:Could this pass? by shadowcabbit · · Score: 5, Interesting

      Here's a plan. Go to the pawn shop, buy the junkiest, most disgusting VCR you can find, and mail it to any senator listed on the bill. Bonus points if it is a) old, b) heavy, or c) not working. Enclose with it a note that says something to the effect of "Dear Senator: As a loyal and concerned citizen of the United States, I am hereby turning over equipment which could potentially be used in copyright infringement, pursuant to the INDUCE Act which you are supporting. I intend to continue turning confiscated equipment over to you until I receive word that the Act has been rescinded. Sincerely, a patriotic constituent."

      --
      "Why Subscribe?" Good question...
    3. Re:Could this pass? by Daniel+Dvorkin · · Score: 3, Interesting

      Unfortunately, if it's got Bill Frist as a co-sponsor, it does have a pretty good chance of passing. The political clout of the Majority Leader is not something to take lightly.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    4. Re:Could this pass? by nebaz · · Score: 2, Insightful

      This would unfortunately probably never get to the senator, because the secret service would most likely not look kindly on a big package full of "old, junky, nasty" machinery and think it was a bomb or something.

      --
      Rhymes that keep their secrets will unfold behind the clouds.There upon the rainbow is the answer to a neverending story
    5. 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).

    6. 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]

    7. Re:Could this pass? by lacrymology.com · · Score: 2, Funny

      "wait till you see what happens when you go for their TVs."

      But I thought that TVs caused gun violence. If we take away the TVs, then impressionable minds would have no access to Manson videos and therefore would no longer need guns. We can kill two evil, dirty, vile birds with one stone. ;)
      -m

      --

      #
      # Modus Ponens
      #
    8. Re:Could this pass? by Alsee · · Score: 2, Funny

      Dear Sir,

      Utah Senator Orrin Hatch is an absolute fuckwad. Please vote Nay on absolutely any bill he introduces or co-sponsors. That especially goes for any copyright bill, porn, research, gays, school prayer, church&state in general, flag burning, and on and on and on. Oh, and if he tries to ammend the constitution to circumvemt the Bill of Rights for the umpteen-billionth time, please smack him over the head with a brick.

      Thank you for your time,
      [name]
      [address]


      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  6. 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!!!

  7. 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.

  8. Oh lord... by Lonath · · Score: 5, Funny

    The Induce Act stands for "Inducement Devolves into Unlawful Child Exploitation Act,"

    See? Stop being mean to them. They're not corporate shills trying to control culture and take away computers. They're doing it for the children. Think of the children. Don't you care about the children? I, for one, welcome our new child-protecting overlords.

    1. Re:Oh lord... by VValdo · · Score: 3, Insightful

      The Induce Act stands for "Inducement Devolves into Unlawful Child Exploitation"

      I heard the "Act" part stands for "...And Creates Terrorism".

      Sigh.
      W

      --
      -------------------
      This is my SIG. There are many like it, but this one is mine.
  9. 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 :)
  10. VCR's illegal by Honest+Man · · Score: 4, Funny

    That should make for some interesting news when nearly every household in America would be in violation of the law - what, are they going to storm down every home who has a vcr that is capable of 'recording'? They never cease to amaze me - whats next - the cassette recorder?? Or how about my camcorder?

    1. Re:VCR's illegal by Surt · · Score: 2, Interesting

      Well the great thing about this plan is that as soon as most americans can be made guilty of a felony for owning a vcr, they can be relieved of their voting rights as well. Then the senators and congressmen can just vote themselves into office, and pass the office down by inheritance.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  11. 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

  12. Can't overturn the decision by Gothmolly · · Score: 3, Interesting

    Congress can't overturn a decision by the Supreme Court, thats a convenience of having a well-designed government. What they can do is change the law, which would effectively allow someone to sue using the Betamax issue all over again. If this case makes it to the US Supreme Court, the Court could choose to apply the new law, or the old, or throw out the new, or the old, or somewhere in between.

    So while Orrin Hatch may be a sleazy politician, he's not the Darth Vader who will pervert and destroy the entire copyright system in the US. (yeah, yeah, the ??AA has already done that, ha, ha, +1 Funny)

    --
    I want to delete my account but Slashdot doesn't allow it.
    1. Re:Can't overturn the decision by John+Seminal · · Score: 5, Informative
      The court case specifically said Congress has the power to enact laws which would change the Betamax case outcome. The Court said they came to the conclusion based on laws congress had on the books. If those laws change, the outcome of the case would change.

      What I think is more important is the RIAA hired Senator Hatchs son as one of their lobbyists. It should be a conflict of interest. Since they can't outright buy the Senator, they hire the kid who will have a wealth of oppertunity to influance his father.

      --

      Rosco: "If brains were gunpowder, Enos couldn't blow his nose."

    2. Re:Can't overturn the decision by weddellharbor · · Score: 3, Interesting

      Not correct. Congress cannot overturn a Supreme Court decision when the Court is interpreting the Constitution. But the Betamax case was an interpretation of the statutory and common law doctrine of fair use. When it comes to decisions of the Court regarding statutory interpretation, as in the Betamax case, Congress most certainly can overturn a Supreme Court ruling by amending the law.

  13. 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.

    2. Re:This will surely induce me... by St.+Alfonso · · Score: 2, Informative

      Republican != conservative ... Sen. Hatch is no conservative, he is a "RINO" (Republican in Name Only". He's also been behind some pretty awful legislation that would increase the number of H1-B visas, and is well-known for pandering to the RIAA.

      We need to set up a PAC to send this weasel back to Utah ...

    3. Re:This will surely induce me... by x_man · · Score: 2, Insightful

      The problem with Libertarianism is that it's the exact polar opposite of Social Utopian philosophy. Social Utopians believe the perfect society will exist if everybody works the betterment of the group, not themselves. As we all know, this goes against human nature and the likely result is Communism.

      Libertarians believe the exact opposite: A perfect society will be created if everybody works for themselves (no government rules). This also goes against human nature. Most humans will choose short-term gain at the expense of long-term benefit and so a Libertarian society quickly degenerates into fascism or aristocracy as a few people amass large amounts of money and power and use this influence to prevent others from doing the same.

      The best solution to date is the one the Constitutional guys came up with. A group of people get together and set some ground rules that everybody agrees to play by. They set up an enforcement body (government) to monitor and change the rules as necessary. They split the government up between different branches with checks and balances to limit the abuse of power. And now you have a pretty fair system of government.

      Sorry for the Constituional history lesson but I think people have forgotten why we had to make a Democratic government in the first place. Libertarianism has been around for 10,000 years. It starts with a bunch of people doing whatever they want with no rules. It always degenerates into some sort of dictatorship because, without rules or oversight, one side or the other quickly obtains an uneven amount of resources and exploits that to their advantage. A society must have rules and the rulemakers must be overseen as well.

      If you want an example of Libertarianism in action, just go to Mexico. There are no environmental regulations, no enforced corruption laws, no labor laws, nothing to stop you from running your company any way you like. It's an extreme free market system and it's also corrupt as hell.

      X

    4. Re:This will surely induce me... by at_kernel_99 · · Score: 3, Insightful

      I believe your post does not accurately reflect the state of the Libertarian Party in the US. The US Libertarian party leans more towards Jeffersonian principles than the libertarianism that you describe (which sounds more like anarchy to me). Meanwhile, the us Constitution Party is probably where the religious right belongs. They want to follow the US Constitution based on its roots in Biblical Law.

  14. Opposition by yderf · · Score: 5, Interesting

    Originally, the Induce Act was scheduled to be introduced Thursday by Sen. Orrin Hatch, R-Utah, but the Senate Judiciary Committee confirmed at the end of the day that the bill had been delayed. A representative of Senate Majority Leader Bill Frist, a probable co-sponsor of the legislation, said the Induce Act would be introduced "sometime next week," a delay that one technology lobbyist attributed to opposition to the measure.

    Does anyone know who opposes this in the Senate? They deserve a cookie.

    1. Re:Opposition by Lumpy · · Score: 3, Insightful

      Does anyone know who opposes this in the Senate? They deserve a cookie.

      they dont deserve cookies they deserve votes and letters to them from you stating that you will vote for them because of their actions.

      too many times we only bitch... we never EVER freely give praise and rewards to those that do good.

      you want the senators to do good things? when they do something good, send them a check, and a letter stating "good boy!"

      --
      Do not look at laser with remaining good eye.
  15. Overturn Betamax? by Exmet+Paff+Daxx · · Score: 3, Insightful

    My reading of the bill is that the law would not overturn Betamax so much as explicitly prevent Betamax from being applied to digital media. Betamax and VHS were both analog formats with cumulative degradation, that is, a copy of a copy was degraded, and at enough generations the quality would be unusable. Perfect digital copies, however, do not have this limitation, and it is merely common sense that they should be covered by a different law. Betamax was a Supreme Court decision, and it cannot be overturned by an Act of Congress unless Congress retracts the right of Judicial Review. Rather, this law extends stronger protections to the more powerful (and therefore dangerous) process of digital copying.

    Screaming and histrionics aside, I don't know how else you could prevent digital theft. For years, Democrats have argued that to stop gun crime, we must outlaw guns. This is common sense. Why now do we reverse our logic? To stop digital copying crimes, we must outlaw digital copying.

    --
    If guns kill people, then CmdrTaco's keyboard misspells words.
    1. 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.

    2. Re:Overturn Betamax? by QuantumRiff · · Score: 2, Interesting
      I have a Digital Copy machine here at work. Its a college, so we have lots of copywrited books. In fact, some teachers sometimes copy a page out of a book, and hand it out to students. That is leagal. However, that "Digital" copy machine is also cabable of completely copying a textbook, so should it be outlawed?

      I have a Sony DVCam. I can record images of my little nephew running around, and of my trips and stuff, but its digital, so I could make perfect copies of things that I have recorded. I can also set the camcorder up in a theater (if i was so inclined). So should that be illegal?

      An iPod can put legally bought songs on it, It can also play pirated MP3's.


      Hell, if we want to go far enough, I can kill someone with a hammer, or a computer monitor if i really needed to. Should Craftsman be liable becuase I used their tool outside its scope and purpose? Cause thats what this bill will do to digital copying.

      --

      What are we going to do tonight Brain?
    3. Re:Overturn Betamax? by thelexx · · Score: 2, Insightful

      "I don't know how else you could prevent digital theft"

      It isn't theft. The original is not lost to its owner. It is, at most, unauthorized duplication. Which is exactly the problem that has been being worked on by the software industry, unsuccessfully, since at least the late 1970's.

      Further, gun crime is an illusion. There is only crime. Whether I stab, run over, blow up, electrocute or saw someone in half, it's all still just as much of an illegal act no matter how it was done. Someone died. They are dead. Making them that way is outlawed. Still happens. In fact, if you outlaw guns more people will be killed due to not being able to protect themselves than will be left alive due to no gun close at hand when someone wants to kill. Blunt trauma deaths in particular would go through the roof I'd wager.

      --
      "Gold still represents the ultimate form of payment in the world." - Alan Greenspan, 1999
    4. Re:Overturn Betamax? by BladeRider · · Score: 2, Insightful

      This is modded informative? It should be +5 Funny...

      Name one location where outlawing guns stopped gun crimes. Common sense?

      Now, who thinks outlawing digital copying will stop digital copying?

      --
      j.
    5. Re:Overturn Betamax? by Exmet+Paff+Daxx · · Score: 2, Interesting

      "Kazaa is designed specifically to be capable of sharing copyrighted material, with the intent to share or proliferate. If you downnload a copyrighted song with it, you are using it for exactly what it was made for. "

      Right? Or does Kazaa have non-infringing uses? Does a gun have non-killing uses? The question is one and the same: do you ban the item for its controversial use.

      Here is a gun that was not designed specifically to be capable of destroying flesh - quite the opposite. With this counterexample I have refuted your argument in its totality.

      In one post you've dismissed America's millions of sport shooters, while I have dismissed the four or five bands trying to use Kazaa as a distribution mechanism. Think about it.

      --
      If guns kill people, then CmdrTaco's keyboard misspells words.
    6. Re:Overturn Betamax? by wedg · · Score: 3, Interesting

      To stop gun crime, simply remove the reasons for gun crimes to happen. If everyone was reasonably well off, with a certain level of comfort, why would they shoot anyone?

      If you outlaw guns, it just means only the most hardcore criminals will have the guns. Outlaw digital copying, and only the most hardcore copiers will keep doing it.

      Even if it was $1 for a cd/dvd/whatever, someone somewhere would still be copying and stealing it. Even if it was *free*, someone would rather download it than run down to the store just to pick it up.

      My point being, that it is *impossible* to prevent theft unless you get everyone to agree not to steal. It's called the Social Contract. However, we are *never* given the choice to enter into that contract, we're *born* into it. Effectively slaves to laws we never agreed to in the first place.

      Some people reject this forced contract purely on that basis, even if they don't know it. The teenage stereotypical rebellion? The black market? I digress.

      You can make an infinite amount of laws, it will not change anything. You can imprison the *entire* population, and people will still pass around contraband. The only thief that won't steal is a dead thief, and dead thieves don't buy *anything*.

      --
      Jake
      Dating: while( 1 ){ call_girl(); get_rejected(); drink_40(); } return 0;
  16. Re:tsarkon reports hippie scum like you did it by Anonymous Coward · · Score: 2, Insightful

    you try to take our guns and now we can even save our necks, let alone yours, thanks.

    I know I'm feeding a troll here... but, um, last time I checked it was still legal to carry guns in America, even assault weapons if you don't conceal them. The hippy leftist scum tried to disarm you and failed.

    The reason you can't get your freedom back with bullets is that bullets don't do much to stop tanks and air-to-ground missiles. And it's not the hippy leftist scum who've been increasing military funding all this time, and it's not the hippy leftist scum who've been giving the army urban combat experience and special training against militiamen patriots with light assault weapons like yourselves...

  17. Broadband by Casca · · Score: 3, Insightful

    This would pretty clearly target the telcos, if you couldn't move the packets, nobody would be able to pirate this stuff.

    This would pretty clearly target the network equipment manufacturers, if you couldn't move the packets, nobody would be able to pirate this stuff.

    This would pretty clearly target Intel/AMD/Motorola and any other manufacturer of microprocessor that can be used to convert this pirated media into something visual/audible.

    The list goes on and on.

    --
    Casca
  18. 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.

  19. Let's Do The Math by tilleyrw · · Score: 2, Insightful

    1. Find people to research "political contributions" to Orrin Hatch from the Record Industry.

    2. Find more people to research the reaffirmations of Copyright Restrictions by Orrin Hatch.

    3. Match up the dates of the contributions and the dates of the introduction of Copyright Restricting Legislation.

    4. $$$ Profit $$$ (Sorry, I see this often.)

    4. Actual next step. Orrin Hatch is revealed to be nothing more than a political mouthpiece for hire.

    Doh! That was obvious... [BACKSPACE][BACKSPACE][BACKSPACE]

    --
    This post encoded with ROT26. If you can read it, you've violated the DMCA. Handcuffs please, sergeant.
  20. Chilling effect? by John+Seminal · · Score: 3, Interesting
    They're trying to make it legally risky to introduce technologies that could be used for copyright infringement

    IANAL, but won't this have a "chilling effect" on technology? Isn't it one thing to go after people who break the laws, rather than going after people who might offer ideas on how to break the law (or ideas with other applicability)? I guess this is one of the reasons I can not find anything which will record streaming media on the internet, and I have looked and looked and looked. One of my professors has his lectures streamed on-line, and I wanted to copy it to watch it later, but could not. I guess with this law, if someone made software to copy that streaming content, it would be illegal. Oh well, less power to the people I guess.

    --

    Rosco: "If brains were gunpowder, Enos couldn't blow his nose."

  21. 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.

  22. quick, ban hammers by Atrax · · Score: 2, Interesting

    A forthcoming bill in the U.S. Senate would, if passed, dramatically reshape copyright law by prohibiting file-trading networks and some consumer electronics devices on the grounds that they could be used for unlawful purposes.

    just that last bit again :

    they could be used for unlawful purposes

    that applies to, well, everything. I could easily murder someone by smashing their head in with my laptop.

    Surely, by this logic, my laptop should be banned, given that it can be used for an illegal purpose?

    or is it just friday and I'm just as drunk as your average legislator? hell, I can't tell.

    --
    Screw you all! I'm off to the pub
  23. LDS Soon to Run Country by cthrall · · Score: 5, Funny

    I, for one, welcome our new Mormon overlords.

    1. Re:LDS Soon to Run Country by John+Harrison · · Score: 2
      Why can't we have a SCO or Hatch story without disparaging remarks about the Mormons? I don't see jokes about Jews getting modded up as funny every time a Jewish name appears on /.

      I am just waiting for a polygamy thread to start up in this story.

      In any case, if you live in MA, like I do, you already have a Mormon overlord.

    2. Re:LDS Soon to Run Country by elder_jones · · Score: 2, Informative

      And we welcome you, our new underlings. Have you heard of the Church of Jesus Christ of Latter-day Saints? Would you like to know more? I can arrange to have a copy of The Book Of Mormon sent to you, at no obligation to yourself. If you'd like, I can have it delivered by two nice, clean-cut young men.

    3. Re:LDS Soon to Run Country by cthrall · · Score: 2, Insightful

      > In any case, if you live in MA, like I do, you
      > already have a Mormon overlord.

      I just moved back to MA. Romney frustrates me...I'm glad he is attempting to rein in spending, but sometimes he just seems like pure evil.

      And I moved from CO...at first, I visited Moab, which on any given day probably has more out of state visitors than full-time residents. It wasn't 'til I visited Park City, which is still pretty "liberal" and watched the local news that I realized how much the LDS controls gov't. "This bill was sponsored by xxx, a LDS member," etc. "Something blew up in a foreign country, now for a long piece on a polygamist colony in southern Utah!"

    4. Re:LDS Soon to Run Country by helix400 · · Score: 2, Insightful

      I am Mormon, and I am disgusted by this bill.

      And I'm also disgusted by the constant Mormon bashing that takes place anytime a Mormon tries to do anything, no matter how unrelated. Senator Hatch is acting for Senator Hatch's interests here...religion has nothing to do with this.

  24. Re:Your Rights Online: Slashdotters to be executed by gorbachev · · Score: 2, Insightful

    "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."

    Why don't you do something about that? Spread the awareness.

    Proletariat of the world, unite to kill corrupt politicians

    --
    In Soviet Russia, I ruled you
  25. 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.....

    1. Re:I just sent my contribution to EFF... by Just+Some+Guy · · Score: 2, Insightful

      I'm a died-in-the-wool Republican and just did the same thing. Please don't lump that idiot from Utah in with the rest of us.

      --
      Dewey, what part of this looks like authorities should be involved?
    2. Re:I just sent my contribution to EFF... by I8TheWorm · · Score: 3, Informative

      Or, go look at Perspective: The new jailbird jingle where you can start your research on the NET Act. Signed by Bill Clinton 1997, it makes peer-to-peer (P2P) pirates liable for $250,000 in fines and subject to prison terms of up to three years. Up to three years of jail time for copyriight infringement.

      I write this not because I'm a supporter of either party, but because I'm tired of the finger pointing. They're all doing it, most are corrupt, and only active and educated voters can change it. And here's a hint... neither Bush nor Kerry are going to be your friend in the copyright law fights.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
  26. 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."
  27. Re:Can someone tell me... by gamgee5273 · · Score: 5, Funny

    Utah. He's from Utah.

  28. 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.

    1. Re:Insanity by mark-t · · Score: 2, Insightful
      As would many other electronic devices.

      Even more, it could ewen make learning how to build them illegal, effectively banning education in electrical engineering, the knowledge of which could, of course, be exploited to create digital copies of a work.

  29. Aaaagh... my head is imploding... by The+I+Shing · · Score: 5, Interesting

    Ralph Nader called Washington DC a "corporate-occupied terrority," and I think we need little proof beyond this bill to bolster his claim.

    Giant corporations walk into a congressman's office, just flat-out order him to introduce a bill that their lawyers wrote that suspends the Constitution so that they can make a little bit more money, and the congressman goes right along with it, apparently without a moment's hesitation.

    As far as enforcing this law, I cannot imagine in a million years that any standard of fairness would even be considered in its application. As Drummond states in Inherit the Wind, "I say that you cannot administer a wicked law impartially. You can only destroy. You can only punish. I warn you that a wicked law, like cholera, destroys everyone it touches -- its upholders as well as its defiers."

    When people who innocently use technology like TiVo and VCRs and CD burners start getting randomly sued and arrested by RIAA and MPAA members, I can only hope that the public outcry is strong enough to reverse the trend. But I fear that the opposite will happen, that we'll all be huddled under our bedclothes, shivering in fear that the giant corporations will come after us next. Terrified that armed corporate goon squads, deputized under the banner of protecting copyright, will break our doors down, confiscate our computers and home entertainment systems, and lead us off in handcuffs, we'll do anything to protect ourselves from them, even if it means testifying against a neighbor, friend, or family member. Boy, do I hope that I'm just being paranoid.

    --
    You are in error. No-one is screaming. Thank you for your cooperation.
  30. Look at the source by whyne · · Score: 2, Interesting

    http://www.sltrib.com/2003/Apr/04192003/utah/49303 .asp -- "I'm not here to justify polygamy," he said. "All I can say is, I know people in Hildale who are polygamists who are very fine people. You come and show me evidence of children being abused there and I'll get involved. Bring the evidence to me." Hatch said he could not take unsubstantiated claims and enforce law, and he would not "sit here and judge anybody just because they live differently than me. There will be laws on the books, but these are very complicated issues," Hatch said.

  31. 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 Planesdragon · · Score: 3, Informative

      There are so few things that the Federal govermment can legally do...

      And copyright is one of them. It's even in the original document, not the amendments.

    3. 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.

    4. Re:Lobbying = Corruption. by Richard+M.+Nixon · · Score: 2, Funny

      How can you say that constituents (voters) don't taint the system?

      You're right! Democracy is Corrupt.

      Instead of one person one vote we should change it to one dollar one vote.
      After all, the more money a person has, the more important they are, and therefore they deserve to have more say.

      All in favor if financial weighted voting say Aye.

      --
      Nobody died when Nixon lied.
      I'm meeting you half way you stupid hippies!
  32. Not again! by igrp · · Score: 2, Informative
    I don't mean to politicize this but maybe Sen. Hatch should just let it go.

    He's been one of the big supporters of the Pirate Act (allowing the DoJ to file civil suits against file swappers) and the Induce Act (blog) which seeks to hold those that "induce" copyright infridgements criminally liable.

    Here's some more information on him. I guess some people should just not be reelected...

  33. Orrin Hatch is a fskin' hypocrite by GillBates0 · · Score: 2, Informative
    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. Hatch is a conservative Mormon who has denounced pornography in the past and who suggested last year that copyright holders should be allowed to remotely destroy the computers of music pirates.

    and industry puppet. I wish the CNet story pointed out that Orrin Hatch's official website was found to be running unlicensed software a few days after his acclaimed suggestion to destroy "pirates'" machines.

    Amusingly, an AC discovered that one of the links on the website was linked to a pr0n website as some /.arrs may remember.

    --
    An Indian-American Hindu committed to non-violent thought/speech/action alarmed by the global explosion of radical Islam
  34. Let's look at the big picture. by Featureless · · Score: 3, Insightful

    Here we have another debate about copyright.

    What do you think? Will we settle it this time? Will we have copyright anarchy or copyright enforcement? If we're too permissive, we'll have no information economy!

    What a false dillemma.

    Have you really seen how strict we're thinking of making our copyright rules?

    Freedom and privacy are in themselves valuable. And strict enforcement of copyright is simply incompatible with freedom and privacy.

    But, actually, neither freedom nor privacy are the most important reason to avoid becoming "too strict" about copyright.

    Our _economy_ requires us not to be too strict.

    Remember, our whole world is, and has always been, engaged in massive, systematic violations of copyright law. So let's look at why that is, and what purpose it serves, before we rock the boat too quickly.

    For a minute, let's set aside mix tapes, and libraries, and the VCR, half your childhood singalongs in school and around the campfire - all of which are illegal, and might not have happened under a "strict" copyright regime.

    Lets head to the everyday world of the home and office, where almost every other computer has some illegally duplicated software or media on it. Sooner or later somebody brought a CD or some music from home, or installed WinZIP without paying for it. Only WinZIP is the tip of the iceberg. Many of the most copied software titles are "programs for work." Microsoft's Office, or Windows. Visual C++. Macromedia's Flash or Director.

    It gets copied because it's very expensive, and the people who want to use these tools can't always afford them.

    This stolen software is used to do work. It writes school papers. It creates art projects. It produces other software, from desktop applications to web sites to video games (even some really big titles you've all bought in the store). It is used by the attorneys of companies suing other companies for copyright infringement, and certainly by the children of everyone concerned. "Stolen" media is present all around you, like air and water, in virtually every workplace, and in every home, used for writing love letters, wiling away hours in hospital beds, researching cancer, and even fighting crime and educating our children. (Yes, even police and schools have been prosecuted by the "BSA" - the software industry's copyright enforcement arm.)

    Perfect enforcement of copyright has never been possible, or even close - so only egregious violations of it are prosecuted (big companies that could afford it, but chose not to pay, or stalls on the street - actually trying to sell the stolen goods). The rest pass by, unremarked, uncredited - often even without our noticing.

    This stolen softare, present in everywhere, from the halls of giants like EA, Microsoft, and IBM (despite their own best efforts to stop it) to little companies all over the country, has been used to do work that made billions of dollars in the marketplace.

    Copying, whatever its costs, has enormous benefits. It's like a magic lubricant, empowering our business and creative activities and enriching our lives - subtracting the mythical "last 5%" from the copyright holder, while adding 500% to the society as a result.

    Imagine if a poor person could magically borrow a wealthy man's house. He could shower, eat in the kitchen, he could read the wealthy man's books, change into the wealthy man's clothes, and when walking out the door, get a better job.

    Now what if millions of poor men could all live in the rich man's house at the same time as its owner did, without anyone ever meeting each other? What if the kitchen was always full no matter how many people it fed?

    This is the magical world of "intellectual property" - where the very term "property" makes us want to protect our ideas as though only one person could possess them at a time. Yet we all know that's not true. Ideas have a different set of rules. As has been observed many times already, "Intellectual Property" many not be

  35. Re:When does this fucker's term expire? by Ryan+Monster · · Score: 3, Informative

    Hey, I'm in Utah, and I've never voted for him! I have had a personal vendetta against him for the last 4 years! Everyone I know is *WELL* aware of where I stand on these Hatch-inspired bills and why. I have personally sent him several emails as well as snail mail letters expressing my sentiments as a constituent for his legislation attempts. He is not representing me or anyone else in Utah that I know of. The only thing I can figure is that he is representing someone with deep pockets or he is *WAAAY* off the deep end. (Lest you think all of us in Utah are mindlessly voting Republican!)

    --
    Change your name to Homer Junior! Your friends can call you Hoju
  36. Who buys his music? ($18,000 Royalties worth) by seawall · · Score: 3, Informative
    According to http://www.nbc5.com/irresistible/2276786/detail.ht ml, Senator Hatch has made $18,000 in music royalties in a single year.

    A past scandal in congress was over institutional supporters of politicians buying lots and lots of a book written by that politician. Maybe the books were in a warehouse or distributed free to members afterwards but the money was "royalties".

    The above paragraphs probably have nothing to do with each other.

  37. Oh yes they can... by mosel-saar-ruwer · · Score: 4, Informative

    Congress can't overturn a decision by the Supreme Court, thats a convenience of having a well-designed government.

    Your "well-designed government" was designed by this thing called The United States Constitution, which states, in no uncertain terms:

    In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
    Of course, The Constitution ain't the most politically correct document these days, and goodness knows the courts don't give a damn about it...

  38. Attn Citizens of Utah... by i_want_you_to_throw_ · · Score: 2

    Stop inflicting this pain on your fellow Americans by keeping this Bozo in power.

    First the DMCA and now this....
    Sheesh

  39. Typo in the CNet article by MarkGriz · · Score: 4, Funny

    Hatch is a conservative Mormon who has denounced pornography in the past and who suggested last year that copyright holders should be allowed to remotely destroy the computers of music pirates

    I think they misspelled "moron"

    --
    Beauty is in the eye of the beerholder.
  40. 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.

  41. Re:When does this f*cker's term expire? by McShazbot · · Score: 2, Insightful

    Actually, it's the conservative that is most likely to object to this kind of thing, being opposed to big governement intrusion into individual freedoms, etc.

    And last I heard, you didn't need to be a mormon or live in Utah to be an ass -- and I know enough mormons and utahns to know that neither one of those things automatically makes you an ass. But a penchant for overgeneralizing might automatically qualify one as an ass . . .

    --
    When life gives you lemons, make lemonade. But when life gives you crap, please don't make a beverage out of it.
  42. Pencil & Paper? by Cybertect · · Score: 2, Insightful

    How far could this go? Could they charge my stationer for selling me a notebook and pen which I could conceivably use to copy out chunks of the latest Harry Potter novel?

    Sufficient for intentional inducement? I don't know.

  43. He may be getting money.... by Fizzlewhiff · · Score: 2, Insightful

    but you can stop him from getting votes.

    All that needs to be done is for the voters in his state to be made aware of what he is doing. People don't have a clue where this copyright legislation is going. Someone needs to start a campaign in Utah saying something like "Sen Hatch doesn't trust you. He thinks you are a criminal at heart. If he had his way it would be illegal for you to video tape your childrens Christmas pageant at school and church." and then show what is between the lines of his bills.

    --

    'Same speed C but faster'
  44. Unfortunately, Orrin is entrenched by HappyProle · · Score: 2, Insightful
    As a Utahn, my five wives and I make it a point to vote against Orrin when he runs for re-election, but he just enjoys too much support from "the Brethren" in the state to really be in jeopardy of losing.

    There's nothing quite as disenfranchising to a voter as living in a state where the vast majority of the electorate consistently, almost numbly, votes the opposite of you...

  45. Would Internet providers be at risk? by Spankybc65 · · Score: 2, Interesting

    '...aids, abets, induces, counsels, or procures...' using this definition, would not ALL providers be subject to this law?

  46. hatch = evil shitbastard by swschrad · · Score: 2, Insightful

    he's really gone off the deep end the past few years, it's time for him to retire and surround himself with his little tin Nazi soldier toys. he is not of this nation any more with his actions.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  47. 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...
    1. Re:Anti-American Activities by Big+Boss · · Score: 2, Interesting

      Apparently, you're not familiar with Utah politics.

      The only way Hatch is getting out of office is if he decides to retire. The people here are so brainwashed by his campaigns that nobody stands a chance against him. First off, he's been in there forever, so tells us that gives him an advantage to get more for Utah. Which is probably true, from what I've heard about Congress. Secondly, he's Republican, so he's pretty much a shoe-in. He could go on national TV and burn the flag and the original copy of the Constitution and probably still get elected here. *sigh* It's sad, really.

      Yes, I live in his district, no I didn't vote for him, EVER. Yes, I have written him countless times and gotten the same form-letter back talking about how great copyright is and that he has to stop the evil pirates. (AArrghhh!!)

      No, I won't be voting for him this year. I typically vote Libertarian these days. Not to mention, I pretty much agree with your assessment and feelings about him. I'll write myself in before I vote for that a$$hole, and I don't want the job!

  48. 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.
  49. What about computers? by rs25com · · Score: 2, Insightful

    Unless I am mistaken, doesn't this make computers illegal, too? They can be used for file sharing etc.

    What is he going to do, take away all the computers in the world? I doubt this bill is going to go very far...

  50. Bookmark time by nanojath · · Score: 2, Informative

    http://www.senate.gov/general/contact_information/ senators_cfm.cfm

    Let your senators know.

    --

    It Is the Nature of Information to Transgress Artificial Boundaries

  51. Congressmen, Sponsors and Product Placement by PetoskeyGuy · · Score: 5, Funny

    I love the idea of a sponsored congressman. They should go to work each day dressed like those NASCAR drivers. Logos all over the place, head to toe. He pauses in the middle of his speach to take a refreshing drink of Coca-Cola. Ahhhhh.

    Hell lets stop pretending anymore. Lets create corporate representatives and get our elected ones back. All these probablems coming from the fact that corporations are seen as people in the eyes of the law. Make the House, the Senate and the Market. People elect the first two, corporations vote for the third and can't contribute to the others.

    1. Re:Congressmen, Sponsors and Product Placement by gcaseye6677 · · Score: 3, Insightful

      You could introduce this proposal as the "Full disclosure in government" law. Since this is pretty much how it happens, and there's little that can be done to prevent it, might as well make it official.

  52. Re:a short rejoinder by $criptah · · Score: 2

    Dude, he's a Mormon. He does not believe in Physics, Science and Evolution :)

  53. The next revolution.... by haplo21112 · · Score: 2, Insightful

    ...its stuff like this that makes me believe more and more that the next revolution(or civil war, coupe, or whaterver term you prefer) is going to be fought over the govenment so restricting the rights of citizens with legistation like this that people are going to have to march on the congress to regain our freedoms and stop living under the oppressive thumbs of the corporations which have seized control of our government. I'm not advocating such an uprising (no wars for me thanks) however this is jeust getting insane. I've said it before the first rule of law making should be for the legistators to ask "is this law good for the average citizen, will it be of benefit to them" if the answer is no the law should never be written or passed.

    --
    Power Corrupts,Absolute Power Corrupts Absolutely, leaving one person(group)in charge is absolutely corrupt.
  54. Re:Your Rights Online: Slashdotters to be executed by RickHunter · · Score: 3, Insightful

    You think CNN cares? They're owned by Time-Warner, one of Hatch's bigger contributors.

    This is the problem, and the agenda behind Republican media deregulation. If your content producers and your media are the same thing, and have a government-granted monopoly, you control the culture. Instant police state.

    This bill is one small step in Hatch's plan to destroy the Internet.

  55. Are they making fun of GNU? by spiritraveller · · Score: 2, Interesting
    The Induce Act stands for "Inducement Devolves into Unlawful Child Exploitation Act"

    Using a recursive acronym for a bill that will make copyright holders even MORE powerful?

    I'll bet Darl McBride is behind this somehow.

  56. Re:My C|Net comment (btw, yet another Michael stor by Newspimp · · Score: 2, Informative

    Actually, Sonny Bono was Republican.

    Sonny Bono Obit

  57. Don't forget the other vector: WIPO by michaelmalak · · Score: 4, Informative

    The entertainment industry is also pursuing this through another vector: through WIPO. If the U.S. signs the new WIPO treaty, then Betamax will be overturned even without Hatch's bill. See my Nov. 8, 2003 blog entry U.S. corroborating with WIPO to overturn Betamax decision and also eliminate public domain.

    1. Re:Don't forget the other vector: WIPO by Anita+Coney · · Score: 2, Insightful

      Why is are the copyright monopolies still so mad about the Betamax decision? Because of that decision the VHS industry was created. The video rental industry was created. And DVD industry was created. All of these industries have helped save the movie industry's asses for the last couple of decades.

      Anyone with a brain knows that the Betamax decision made Hollywood richer, so what's the f$&%ing deal?!

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
  58. 52X RW Gutenberg Press by deathcloset · · Score: 3, Insightful

    perhaps this is a bit off-topic, but I've about had it up to here with copyright.

    Let my put it this way, in the good old days of the middle ages if you wanted a book, say the bible, you would aquire a transcription: not a copy. Some monk or whatnot would actually create the article by hand, painstakingly.

    Therefore the idea of illegal copies was nonexistent - because it would take forever to make such a copy. you were essentially paying for the transcription service, not really the intellectual property contained within the work - if you were paying at all, that is.

    then came the gutenberg press, a great creation, and fun to say too. Copies could be made in a much more effecient manner, but the consumer was still paying for the service more than the copies; after all the bible was the first thing printed - and unless you consider tithe a type of royalty - no money was payed for the creators. I think tithe is more like a membership charge.

    Still, the concept of the consumer making thier own copies was unheard of - unless that consumer had a press and the expertise to use it.

    Up until the 60's consumers didn't really have any good methods for making cheap copies of any intellectual works; books, music, movies. But then the xerox, and then the magnetic cassete tape.

    Basically i'm saying that the current methods of copy protection are a backwards technology. you see, because the freaking consumer now has the ability to create documents that have all the quality expected. The gutenberg press is in every household in the form of HP and Memorex.

    Copy protection, IMO is tantamount to sabatoge. It impedes the capability of the consumer to utilize thier equipment to it's full extent - in effect decreasing the functionality.

    Money is a great example of this; it is vital that cash be as difficult as possible to copy. But, it is a chasing of the tail. you see, the money of the 20's can probably be duplicated fairly accurately via consumer-level hardware. Money is a type of proof saying "hey, this paper says what i'm worth, you must trust me because george washington says so"; but the physical document (dollar bill) can be duplicated - Gold, not so easy; goods and services likewise. In other words, the value contained within the bill is an illusion. (all value arguably is, but the value of a doctor in times of emergency is not so etheral - service and goods my friends; the only real values).

    Eventually, if the hardware manufactures are smart enough, and industrious enough, consumer-level will match corporate-level in every aspect.

    Already, consumer-level music is oft-times better than corporate-level; likewise with movies; and likewise with software (read: consumers created linux).

    Copy protection should be illegal.

  59. 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

  60. This raises a very interesting issue with me. by gillrock · · Score: 2, Insightful

    During my parents & grandparents generations, our "elected" officials were referred to as representatives.

    Somehow during my generation, these "elected" officials became leaders.

    When did this happen? Why did this happen?

    I DO NOT to be led, however I DO want to be represnted in my national government.

    --
    "...the shortest distance between two points may be straight line, but it is by no means the most interesting."
  61. Re:Your Rights Online: Slashdotters to be executed by Sgt+York · · Score: 2, Insightful
    The only part of your post I disagree with is the notion that this is new.

    The media has whored for ratings for decades, it's just that most of us were not watching the nightly news or reading the paper in a daily basis in the 70s.

    Most people don't care until it directly impacts them today. The media knows this, and they only report on what is impacting people that day. Agreed, it erodes journalistic integrity and it is not a good thing, but there is a reason.

    The average person concentrates more on what affects them today than what will affect them next year. Weather, traffic, daily stocks, crime. These warrant attention, but we need to look ahead as well. That way, a year from now you can continue to concern yourself with humdrum daily problems, like the daily commute and if you should wear a coat today. Instead of worrying about how you're going to eat or pay the rent, or if you can speak your mind anymore.

    It's not new. Even the most recent example of massive protests in the US, those against Vietnam, didn't get big until the draft was enacted. When was the last time you saw something like that for something that wasn't happening yet? What if those same people had protested the (then coming) war just as loudly in 1961?

    --

    There is a reason for everything. Sometimes that reason just sucks.

  62. This is true, however by Sycraft-fu · · Score: 2, Insightful

    It makes it clear that the purpose is to promote the advance of useful arts and science and give creators a limited time monopoly over their work. These laws seek to corrupt that, and hence are unconstitutional.

  63. Carousel! by Tackhead · · Score: 2, Interesting
    > 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.

    When Otto von Bismarck invented the concept of public pensions in the late 1800s, the retirement age of 65 was chosen -- and life expectancy was 45.

    When Social Security went into effect in the 30s, with a retirement age of 65 based on the German system, life expectancy was 63.

    Come to Carousel! Come for renewal! There is no Sanctuary, and runners deserve their fate at the hands of the sandmen.

    1. Re:Carousel! by dasunt · · Score: 2, Insightful

      When Otto von Bismarck invented the concept of public pensions in the late 1800s, the retirement age of 65 was chosen -- and life expectancy was 45.

      When Social Security went into effect in the 30s, with a retirement age of 65 based on the German system, life expectancy was 63.

      I don't think you understand the term "life expectancy" and what it means. Life expectancy is the amount of years lived divided by the number of people born. In humans, the age of highest mortality is infanthood and youth, and old age.

      Ergo, if many infants died, the average life expectancy was low. The main gain in life expectancy in recent history was the reduction of infant mortality.

      Now, if you looked at the average life expectancy for 20-year olds, you could derive some meaning from your statistics. As it stands, your statistics are meaningless.

      Infant mortality lowered life expectancy in the late 1800's and in the 1930's. However, the infants who died never lived long enough to contribute money into public pensions. Ergo, flawed conclusion with your statistics.

  64. I'll bite. by Mr.+Neutron · · Score: 4, Interesting

    This brings up an interesting point. People hate Communism. Do you know why? Because Communism involves the State stepping in and telling you where you can live, how much money you can make, how much of X product you can purchase, what ideas you are allowed to express, what church you can go to, and so forth. The State takes away your rights.

    Now we are faced with more and more right-wingers who want to regulate our lives to death to satisfy a few greedy entertainment executives. Load a "bad" program? Go to jail. Buy a VCR? Go to jail. Devise an algorithm to uncripple your own media? Go to jail. This is the world that faces us, if this agenda is successful.

    Bill of Rights? We're talking about legislation specifically designed to take our rights away.

    Now, back under your bridge, Troll.

    --
    dinner: it's what's for beer
    1. Re:I'll bite. by Hektor_Troy · · Score: 2, Interesting

      That's not (just) communism - that's what happens in all authoritarian governments.

      Kinda funny what the USA is supposed to be "the land of the free" and "built on the ideals of freedom".

      And it's not very difficult to confirm - all you have to do is compare your rights to what they are in other "civilised" countries. Sure, if you compare yourself with dictatorships etc, then you're fairly well off.

      The scary part is when you start to notice, that many of the lost freedoms are not because of the government as such, but due to extremely ignorant people ... like being labled all kinds of things, just because you're critical of the government, while the country is at war.

      --
      We do not live in the 21st century. We live in the 20 second century.
  65. Wait a tick by wbav · · Score: 3, Funny

    If every piece of technology that can be used to violate copyrights is banned, how is the RIAA/MPAA going to make their CDs/DVDs?

    --

    =================
    Unix is very user friendly, it's just picky about who its friends are.
  66. Perhaps someone needs to be reminded. . . by kfg · · Score: 2, Insightful

    What the First Ammendment actually says:

    Amendment I

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

    Perhaps they just need it explicitly pointed out that a "lobby" is just a peacable assembly of people who have appointed an individual or group of individuals to petition the government on their behalf?

    Or perhaps pointing out that freedom of speech works for everyone or it works for no one is now flamebait?

    KFG

  67. 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

  68. Concerning taxes... by Rei · · Score: 2

    What is your household annual income? Kerry has continually referred to keeping the middle class tax cuts. Unless you're in the top few percent, you won't face a tax hike. Democratic tax policy in general is a high top tax bracket and low lower and middle class brackets. Republican tax policy is to flatten the brackets - and for the taxes to bring in the same income, that means either increases in taxes for the lower and middle classes, or cutting federal spending (something Republicans haven't done since early this century - check it out).

    On the other hand, what you *have* faced since the tax cuts is a *HUGE* increase in the federal deficit, because spending hasn't been decreased correspondingly - it's gone up. There are really three ways to cut federal spending significantly (everything else is pretty trivial): The military, social security, and medicare/medicaid. Concerning cutting those, two words: Good Luck. ;)

    The other major thing that has been faced is large cuts to state aid - states which have been having major problems of their own. Consequently, college tuitions have been skyrocketing, local taxes on average have increased a lot - more than the average american got back from the Bush budget, despite the huge defecit increases, etc.

    Is spending into deficit the sort of policy that you like? Is that *responsible*? If it is not fiscally responsible, which is the party of fiscal responsibility?

    --
    You know when it's okay to shout fire in a crowded theatre? When it's on fire.
    1. Re:Concerning taxes... by cayenne8 · · Score: 2, Interesting
      Well, my problem is...what does Kerry define at middle income?

      By some things I've read...this can be as low as $30K/yr. I make more than that....I consider middle income to be from about a low of $35 to under $100K. Depending on your location in the US.

      I think we could spend a whole lot less in welfare, and govt. assistance programs. Get people to work. I think the medicare bill needs to be immediately revamped, to let the govt. bargain with the pharm. companies...THAT would significantly lower govt./public costs. I'm not economist, but, from what I read...the deficit as related to GNP isn't actually that bad...but, is starting to get scary. Considering all that's happened to the economy (9/11, corporate scandals, .com bust, wars), I can understand the deficit a bit....

      I don't think it is that bad to cut the funds to the congress or to the states. I believe if they have money...they WILL spend it, period. The only way to get them to spend less...is to dry up the sources. Unfortunately, they haven't seen light of this yet. There is a ton of waste in the govt..we need to make govt., in general, smaller....less involved in people's lives...and certainly not a paymaster for people on the dole....and not as a wealth redistribution system as I see them now.

      I'll listen to Kerry...but, hope he says something substantial. All I've heard him say so far for middle income tax relief...is targeted tax breaks for those with kids or other targeted breaks. That's not fair. If he said he'd cut all taxes on people making between $35-$100K, regarless of marriage status, if you have kids or not, etc. and based soley on if you work and pay taxes. Yes, I'd say that would be real reform. I'd definitely listen to that.

      But, saying giving tax breaks based on your lifestyle or family status instead of just how much money you make...I don't consider that at tax break of any kind. It has to apply to all people in a salary range.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    2. Re:Concerning taxes... by Fig,+formerly+A.C. · · Score: 2, Insightful
      We need a flat tax, no exemptions, no deductions, everyone pays the same percentage. Not only is it the only fair way, but it will also reign in Congress on the spending woes.

      "Well, this spending we are proposing will cost xxx and since the total taxable income is yyy, that means your tax rate will increase by xxx/yyy % to support it."

      If people start to see that government money isn't "free", the frivolous spending would stop really quick. As it is now, a 80 billion dollar spending spree means very little... Because nobody knows exactly how it impacts their taxes. ;-)

      --
      Murphy was an optimist.
    3. Re:Concerning taxes... by Aero · · Score: 2, Informative

      There's a reason why taxes aren't flat, and it's because lower incomes are proportionately worse off, even if the same percentage is taken out.

      Say that the flat tax rate were 20%. For someone making $200,000, they'd be paying $40,000 in taxes, leaving them with $160,000. That would provide quite a comfortable lifestyle for most of the /. crowd. But drop that base salary by an order of magnitude to $20,000 -- lower middle class, far above minimum wage -- and when you take out the $4,000 in taxes, you're left with $16,000. You've gone from a barely-livable gross wage to a nonlivable net wage, all for the sake of "equality". But it's the same percentage.

      Check up on the meanings of progressive vs. regressive taxes.

      --
      We can believe in you for 3 minutes, but beyond that, even the King of All Cosmos can't be expected to wait.
  69. 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.
  70. Here's what I sent my Senator by greyfeld · · Score: 3, Interesting
    Dear Honorable Senator from Kansas,

    I wanted to express my dismay at the continuing assault on the public's rights with regards to Sen. Orrin Hatch's forthcoming introduction of legislation that amends Title 17 and the copyright laws. The "Inducement Devolves into Unlawful Child Exploitation Act" that Senator Hatch is preparing to introduce contains an amendment to Title 17 in Section 2 of the Act which has nothing to do with the unlawful exploitation of children. Specifically, the amendement appears to make it a crime for anyone to develop, discuss, buy, sell or recommend tools or information that will allow for the "fair use" rights of average citizens to be realized if these tools might also be used for copyright infringement.

    Are we going to outlaw the VCR Senator? Are we going to go to jail for using copy machines? Are we going to discourage research into cryptography by academia and computer security professionals such as myself? Are our legislators going to continue catering to the special interests that are lining their war chests with contributions or are they going to stand up for the public's right to use content they purchase as they wish?

    The worst part of this is that Senator Hatch is hiding this amendment inside of a bill supposedly designed to punish unlawful child exploitation. Now what person in there right mind would come out in opposition to laws against unlawful exploitation of children? It is a totally underhanded ploy by Senator Hatch to pass legislation aimed at helping some of his largest contributors, while sneaking it into a bill that would make a colleague think twice about voting no on the other provisions hidden inside.

    I urge you to work hard to strip the copyright law changes from this bill when it is introduced into the Senate and, if not abandon them completely, at least address them separately. These deserve to be argued on their own and not as part of some other bill or compromise.

    Finally, the Supreme Court ruled against Hollywood in the 1984 Betamax case when they determined that any device capable of a substantial non-infringing use was legal. The Audio Home Recording Act of 1992 shored up the rights of the average citizen and made home taping legal given the properly used equipment and blank media. Let's build on these rulings and continue to represent your constituents rights, not trample them into the ground. If the old business models of the media conglomerates cannot adapt to the technology of today or the future, then they need to come up with a new business-model or go broke. Our legislature should not be in the business of restricting the public's rights so that outdated companies that do not innovate and move with the times continue to survive.

  71. someone fill me in here? by Anonymous Coward · · Score: 2, Interesting

    I'm a Brit, so I'm a little bit out of the loop here, but EVERY time the name of Orrin Hatch appears in the media, he is pimping and lobbying for Hollywood/Madison Avenue.

    Maybe I haven't quite grasped the niceties of American politics, but aren't senators supposed to do things in the interests of their constituents? Or is everyone in Utah a rabid copyright litigant?
    Maybe you should have let them secede back in 1862 and saved yourselves a whole lot of trouble..

  72. Prepare to be liberated by alexo · · Score: 2, Insightful


    > Glad I'm canadian, we'll probably invade you when you are back to sticks and stones... :-)

    Be afraid instead.

    The next step will be to use the full political, economical and, if necessary, military might of "the land of the free" to bring other countries "in line".

  73. YES UTAH IS LISTENING! by ferret70 · · Score: 2, Interesting

    I'm currently a resident of Utah and I cannot tell you how embarrassed I am every time I hear "Senator Orrin Hatch ..." come up in a newscast. This man wants also to amend the Constitution to permit naturalized citizens (meaning not born here) to run for the Presidency just because he's buddies with Arnold Schwarzenegger. I do everything I can to spread the word that this guy is a class A dunce and some people I talk with are coming around and wising up. You can't afford to be utterly clueless about tech in a tech-driven world, it's starting to spill over into our basic rights for crying out loud!

  74. Re:Fascism is a flavor of socialism. by tobar+mersa · · Score: 2, Informative
    Three points:
    • You forget that, in this case, National is used here as a negation of the term socialism. Socialism is generally described as the nationalization of [some|many|all] industries, which are then run for the public good (or at least the people in charge called it the public good, whether or not it was in fact for the public good). The Nazis, afaik, did not nationalize any industries when they got into power, and they most assuredly did not run anything for the public good. And do not forget that they were explicitly anti-Bolshevik, and Bolshevism is a (bastardized) form of Marxism; Nazis were explicitly anti-Jewish/Slavic/Roma/etc., essentially, they declared for the "Aryan" race and against anyone else, while proper Socialism demands the essential equality of the Proletariat regardless of background.

    • Nazism != Fascism.

    • Fascism, like Marxism, Bolshevism, Leninism, Stalinism, Maoism, Potism, and every other -ism, is a flavor of socialism.
      Tell me, how are Objectivism and Libertarianism forms of Socialism?
    --
    This sig space intentionally left blank.