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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."

58 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 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.
    3. 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.

    4. 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.
    5. 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.

    6. 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
    7. 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.
    8. 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

    9. 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.
    10. 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.
    11. 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.

    12. 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
    13. 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.
    14. 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.
  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.

  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.
  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?"

  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 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).

    4. 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]

  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.

  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?

  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. 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.

  13. 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.

  14. 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.

  15. 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.

  16. LDS Soon to Run Country by cthrall · · Score: 5, Funny

    I, for one, welcome our new Mormon overlords.

  17. 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."

  18. 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.....

  19. 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."
  20. Re:Can someone tell me... by gamgee5273 · · Score: 5, Funny

    Utah. He's from Utah.

  21. 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.

  22. 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.
  23. Lobbying = Corruption. by DRWHOISME · · Score: 5, Insightful

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

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

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

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

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

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

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

      And about circumventing the process.

      Should be illegal.

  24. 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.

  25. 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...

  26. 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.
  27. 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.

  28. 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...
  29. 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.
  30. 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.

  31. 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.

  32. 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

  33. 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
  34. 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

  35. 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.