Slashdot Mirror


P2P Bits

yohaas writes "Two Op-Ed stories today in the NY Times address music sharing. In one Kembrew McLeod says that the lawsuits aren't working and gives some alternate suggestions. In the other Harvard Law professor William Fisher says that the industry is going about the situation in the wrong way, concluding that 'the record industry's response to file sharing--trying to block the technology altogether--would generate the worst of all possible results'. Neither article is comprehensive, but they are good read nonetheless." Reader Brill Pappin points out that Canadians aren't afraid of the music industry. And reader The Importance of Being Earnest writes "The INDUCE Act, which would make it a crime to 'induce' copyright infringement, such as by inventing things like the Betamax, has finally been officially introduced. The bill has been renamed the Inducing Infringement of Copyrights Act [PDF]. In addition to the name change, there has been another slight modication: 'counsel' is no longer part of the proposed statute. Here is a line-by-line refutation of Hatch's introduction [PDF] to the Act. EFF has shown how broad the Act is by writing a mock lawsuit [PDF] suing Apple (for making the iPod), C|Net (for reviewing the iPod), and Toshiba (for supplying hard drives for iPods). Previous Slashdot coverage here."

300 comments

  1. The . . IICA act? by OverlordQ · · Score: 1

    Well atleast they dropped the Child Exploitation part.

    --
    Your hair look like poop, Bob! - Wanker.
  2. Warning - by calypso15 · · Score: 3, Funny

    If bill is passed, please INDUCE vomitting.

    1. Re:Warning - by stripe · · Score: 4, Interesting

      This bill is so obvious that I wonder what they are trying to hide. ie Send this one up as a ballon to get shot down while they sneak some other laws thru underneath the "noise" generated by this bill.

    2. Re:Warning - by zangdesign · · Score: 3, Interesting

      I'm seriously debating the idea of suing the entire membership of RIAA, if the bill passes, under the same rules that drug-crime victims are allowed to sue drug dealers.

      Basically, sue them for contributory negligence by supplying the music in the first place.

      --
      To celebrate the occasion of my 1000th post, I will post no more forever on Slashdot. Goodbye.
  3. You US'ians sure have a twisted law system by Anonymous Coward · · Score: 1, Insightful
    How do you put up with having your freedoms taken away bit by bit any day, every day?

    And WHY do you put up with it?

    I really don't understand...

    1. Re:You US'ians sure have a twisted law system by Anonymous Coward · · Score: 5, Funny

      Because we don't have enough money to get our government to listen to us. Don't worry about us, though, it's only a matter of time before enough people realize that guns are a hell of a lot cheaper than lobbying.

    2. Re:You US'ians sure have a twisted law system by Anonymous Coward · · Score: 0

      I tried repeating after you but it came out as: I fucking hate everybody.

    3. Re:You US'ians sure have a twisted law system by Anonymous Coward · · Score: 0

      whos to say that fire power will be used.

      when those men and women in the uniform refuse to fight, all the weapons in the world are useless.

      one bullet managed to change our country drastically in the past.

      dont pretend you have to fight head to head.

    4. Re:You US'ians sure have a twisted law system by Anonymous Coward · · Score: 0

      Because we're too busy driving home on our paved streets in our $50,000 SUVs, listening to our $2,000 sound system, checking out the best road to take on our in dash navigation systems, sipping our $5 lattes, while the kids in the back seat are kept entertained by DVDs. Once we get home we enjoy relaxing on our $1000 massage chair watching sports on our $5000 plasma TV.
      Sorry most people don't care about downloading music and burning it. Just don't touch our BEER!

    5. Re:You US'ians sure have a twisted law system by Hatta · · Score: 3, Informative

      How is this funny? We need to be talking about revolution, and we need to be talking about it now.

      --
      Give me Classic Slashdot or give me death!
    6. Re:You US'ians sure have a twisted law system by Anonymous Coward · · Score: 1, Insightful

      Yeah, those soldiers have parents, families, friends. If millions of people took to the streets screaming bloody murder. You don't think that some soldier in some tank in downtown Metro, USA ordered to fire on a crowd of people isn't going to be thinking that their own family and friends could be in that crowd of people. I sure as hell wouldn't do it. People forget how much power the working class can potentially wield when it acts with unity. Devide and konquer[or]. We are the consumers, etc. The system doesn't work unless we're all obedient submissive slaves. As long as we're always at eachother's throats over trivial nonsense they'll continue to rule and they will only tighten their grip.

    7. Re:You US'ians sure have a twisted law system by Anonymous Coward · · Score: 0

      Americans are spineless pussies that deserve to get the shit kicked out them.

    8. Re:You US'ians sure have a twisted law system by Thomas+Shaddack · · Score: 1
      You don't think that some soldier in some tank in downtown Metro, USA ordered to fire on a crowd of people isn't going to be thinking that their own family and friends could be in that crowd of people.

      I am not sure about this, but I think this is one of the reasons why the soldiers are usually deployed for such "policing" actions in places far away from their home towns (I don't mean Iraq here); it could be interesting where the soldiers who turned Kent State University to a shooting range were from.

  4. yay for legalized bribery! by lordkuri · · Score: 5, Insightful

    great.. more laws BOUGHT to prop up an obsolete business model.

    when do we start enforcing the constitution and putting a stop to legalized political bribery?

    -lk

    1. Re:yay for legalized bribery! by southpolesammy · · Score: 4, Interesting

      Not a law yet, just a bill. And given Sen. Hatch's track record, I wouldn't worry too much about it becoming law.

      --
      Rule #1 -- Politics always trumps technology.
    2. Re:yay for legalized bribery! by the_mad_poster · · Score: 4, Insightful

      It's consistent worrying about this flaming asshat's policy of blatantly handing out free kicks in the nuts to consumers on behalf of business interests that has prevented him from having a good track record on bad bills.

      By all means - knock the hand wringing up a notch.

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

      when someone else can buy the congressmen besides big business

    4. Re:yay for legalized bribery! by Anonymous Coward · · Score: 5, Interesting

      Political bribery need to be criminalized and a strict system set up to ensure that no bribery happens under the table. Even if that system involves something drastic like: having the state control all of the politician's money or monitoring them around the clock.

      Just as the USA has a separation between church and state there needs to be a separation of industry and state.

      back on topic: making it illegal to invent things is a very innovative way to stifle innovation.

    5. Re:yay for legalized bribery! by CrimsonAvenger · · Score: 1
      when do we start enforcing the constitution and putting a stop to legalized political bribery?

      Which part of the Constitution do you mean? Off the top of my head, I don't recall anything that forbids "legalized political bribery". I couldn't even swear there was a part forbidding bribeey....

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    6. Re:yay for legalized bribery! by cynic10508 · · Score: 3, Funny

      when do we start enforcing the constitution and putting a stop to legalized political bribery?

      As a representative of the World Ethical Association of Salient Entrepreneurial Lobbyists (WEASEL), I must say that your statements constitute libel. Our attorney, Leonard "J" Crabs will be in contact. For the legal proceedings may we suggest KY.

    7. Re:yay for legalized bribery! by CrimsonAvenger · · Score: 1
      I mislike answering my own posts, but....

      Ignoring the Presidency (where bribery is certainly an impeachable offence), it is likely debatable that Congresscritters are impeachable for bribery, though they are certainly expellable for any reason, or none.

      Impeachment is mentioned in the context of the President, Vice-President, and all "civil Officers". It is possible that Congresscritters count as "civil Officers", but that is by no means certain, since the subject is brought up in Article II, which covers the Executive Branch. It may refer to the Cabinet, not the Congress.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    8. Re:yay for legalized bribery! by swv3752 · · Score: 2, Interesting

      Maybe introduce a mandatory cap on campaign treasuries. If the treasury goes over the cap then the monies go to the State.

      If bribery is found to have occured, then federal prison sentences should be imposed on both the elected official and the Company's officers.

      --
      Just a Tuna in the Sea of Life
    9. Re:yay for legalized bribery! by Anonymous Coward · · Score: 0

      The word "asshat" isn't even cool on fark. so stop using it. You've been told.

    10. Re:yay for legalized bribery! by adamh526 · · Score: 1

      Maybe I'm stupid but I can't understand how our government can even consider passing laws that the general public does not want. I bet if you put it to a national vote right now, file sharing would become legal and the RIAA and other such organizations would have to deal with it. Hell, I would love to own a dodge viper but unfortunately I cannot afford one and our society has decided that car theft is immoral and should be illegal so I have to deal with that. Immoral or not, if legalized file sharing is what the majority of our country wants, shouldn't we get it?

    11. Re:yay for legalized bribery! by dslbrian · · Score: 3, Interesting

      Not a law yet, just a bill. And given Sen. Hatch's track record, I wouldn't worry too much about it becoming law.

      Still, given the number of people in Utah who own iPods and CD burners, it makes one wonder why they keep re-electing that clown. Apparently they haven't connected the dots between their diminishing rights and their senator...

    12. Re:yay for legalized bribery! by bladernr · · Score: 1
      when do we start enforcing the constitution and putting a stop to legalized political bribery

      You should check out the American Constitution party. The fact is, the constitution is blatantly violated every day (especially the 10th Amendment, thanks to intimidation of the Supreme Court by FDR). There are many, many instances of infringing on the constitution and its amendments.

      Being a Libertarian myself, I'm against a lot of the anti-P2P laws, but for entirely different reasons. But, to quote the head of the Constitution Party in Colorado, "The American Constitution is a wonderful, well thought out document. We should give it a try sometime."

      --
      Sarcasm and hyperbole are the final refuges for weak minds
  5. Not my area of expertise (legal or IP) by Anonymous Coward · · Score: 3, Interesting

    "The INDUCE Act, which would make it a crime to 'induce' copyright infringement, such as by inventing things like the Betamax, has finally been officially introduced. The bill has been renamed the Inducing Infringement of Copyrights Act"...isn't a loophole for this simply making a multi-funtion method for *whatever* where one of the funtions happens to circumvent or break copyright protections?

    1. Re:Not my area of expertise (legal or IP) by kfg · · Score: 4, Insightful

      No need. Everything can already be used to break copyright if you try hard enough. iPods, VCRs? Pffffft! Tip of the iceberg. Here, let me give you a concrete example of using a device to infringe upon a copyright:

      Three rings for the elven kings under the sky,
      Seven for the Dwarf-lords in their halls of stone,
      Nine for mortal men doomed to die,
      One for the Dark Lord on his dark throne
      In the land of Mordor where the Shadows lie.


      RUuuuuh roh, Rasro! AMD, ASUS, Addtronics, nVidia and NEC have now all induced me to infringe upon a copyright.

      The printing press that made the book I copied it from could itself induce copyright infringment. A pen, a charred stick, both induce copyright infringment. The pen is used for such all the time. A Q-tip can be used as a pen. All artist supplies can infringe both visual art and literary art.

      I can take this 10 mm box wrench and use it to scratch "Three rings for the elven kings" in the dirt or on a concrete wall.

      The prosecutorial scope of this bill is infinite. It isn't a "loophole" when anything can be used as a copyright infringing device, it's an "Everybody goes to jail free" card.

      Here, let me give another example, although I can't do this one directly, so you'll have to imagine the scene:

      Here I am, standing in a large empty space, I have no impliments and only have on as much clothing as is necessary to make the image palitable to you, now -- I beging to recite. . .

      Three rings for the elven kings. . .

      My parents have just become illegal.

      KFG

    2. Re:Not my area of expertise (legal or IP) by An+Onerous+Coward · · Score: 4, Insightful

      The goal of this attack on consumers^W^W^W law is to close the very loophole you describe. In the Sony vs. Betamax case, the Supremes ruled that a device was legal so long as it had "substantial non-infringing uses." This law would overrule that decision by saying that anyone who created a technology that "induced" people to copyright infringement should be held responsible for the infringement.

      I worry about Senator Hatch. He just doesn't seem to give a rat about whether the laws he proposes are sane, or constitutional.

      --

      You want the truthiness? You can't handle the truthiness!

    3. Re:Not my area of expertise (legal or IP) by lynx_user_abroad · · Score: 2, Insightful
      By citing Chitty-Chitty-Bang-Bang and others, I believe our esteemed Senator has himself comitted an act of infringment.

      Further, since he is no doubt aware that the Congressional Record is mandated, by law, to publish such proceedings, he is clearly inducing our government to commit an act of infringment too.

      We should be rejoicing; in the proverbial puff of logic, he has just outlawed our government.

      err, or something like that...

      --

      The thing about things we don't know is we often don't know we don't know them.

    4. Re:Not my area of expertise (legal or IP) by cbr2702 · · Score: 2, Informative

      Congress cannot "overrule" a supreme court decision. They can use logic or recent evidence to convince the USC justices that the "substantial non-infringing uses" test is no longer a good test, and they can even try for a constitutional amendment if they really want to. But simple law-making cannot force the court to reverse itself here.

      --


      This post written under Gentoo-linux with an SCO IP license.
    5. Re:Not my area of expertise (legal or IP) by kfg · · Score: 3, Funny

      And Chitty Chitty Bang Bang is a trademark of Count Louis Zabrowski. Man, this inducing to infringe upon IP gets deep.

      It's also obscene and promotes prostituion. A chit is military scrip and a bang is. . . well, I think you know. Yes, that's the actual derivation of the name of the car. It had a reputation for being, what is often called in the colloquial, a bit of a "crumpet collector."

      I wonder if our erswhile student of Brigham Young University and Senator from Utah knows he's saying "I've just been paid, now I'm going to get laid"?

      And the book is intended for children!

      Please, won't he think of the children?

      KFG

    6. Re:Not my area of expertise (legal or IP) by joeljkp · · Score: 1

      Well sure, if the law made anybody who "aids" an infringer an infringer itself. The act says "intentionally", though, where intent is "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."

      I think you'd have a hard time proving that AMD, ASUS, Addtronics, nVidia and NEC are intentionally inducing your infringement if you use their equipment to download music.

      Of course, "intentionally aids infringement" is pretty nebulous. AMD is intentionally providing you with the capability, but its intent isn't that it will be used for such purpose, and its business model doesn't depend on it. Sounds like something the judge would have to decide, if (God forbit) this passed.

      --
      WeRelate.org - wiki-based genealogy
    7. Re:Not my area of expertise (legal or IP) by ikkonoishi · · Score: 1
      Hmm... no copyright violation here...

      Watch this.


      "Haaaauuurrgghhh ..." said Arthur as he felt his body softening
      and bending in unusual directions. "Southend seems to be melting
      away ... the stars are swirling ... a dustbowl ... my legs are
      drifting off into the sunset ... my left arm's come off too." A
      frightening thought struck him: "Hell," he said, "how am I going
      to operate my digital watch now?" He wound his eyes desperately
      around in Ford's direction.

      "Ford," he said, "you're turning into a penguin. Stop it."


      Perfectly legal due to a little thing known as fair use.

      Now if I were to post the entire book there might be a problem.
    8. Re:Not my area of expertise (legal or IP) by swv3752 · · Score: 1

      The betamax case was not ruled on Constitutional grounds be existing legal ones. Hence, new laws could make Betamax's illegal.

      --
      Just a Tuna in the Sea of Life
    9. Re:Not my area of expertise (legal or IP) by kfg · · Score: 1

      I think you'd have a hard time proving that AMD, ASUS, Addtronics, nVidia and NEC are intentionally inducing your infringement if you use their equipment to download music.

      No, I think that except for Addtronics I'd have just as easy a time of it as I would for a Xerox machine or a tape recorder. Anything that can be used for producing copyright protected material can be equally used to copy it. There is no seperating the functions. A pen may be used to write a novel, a pen may be used to copy it. Intent is in the user, not the manufacturer.

      And of course the proof would have to be done in court.. Here's a general legal rule of thumb. Anything that can be prosecuted will be. Every single God damned item that it could be argued is an infringment inducer will end up as a court case. There's a corallary to that as well, anything that can be prosecuted will be prosecuted sucessfully at some point.

      I know of a guy who was convicted of possession of a screwdriver (I nearly sat on his jury. I didn't. Poor bastard). The prosecutor's argument was that his mere possession of it was evidence that he intended to use it nefariously because people don't just walk around with screwdrivers innocently. The jury bought that, partially because they were tired and wanted to go home (my sweetie did sit on his jury).

      Think about that the next time you purchase a CD burner.

      KFG

    10. Re:Not my area of expertise (legal or IP) by shotfeel · · Score: 2, Informative

      Sure they can. IIRC somewhere in the decision it also says that congress is free to change the law to make it illegal, but as the law stands now (now being now and then), it is not illegal.

      Unless the courts find the new law to be unconstitutional, they are bound by it in making their decisions. That's part of the separation of powers/checks and balances mojo.

      So technically, they can't overrule a court decision, but they can make it moot by changing the law.

    11. Re:Not my area of expertise (legal or IP) by kfg · · Score: 1

      Perfectly legal due to a little thing known as fair use.

      Of course, but bear in mind that in my example I intentionally didn't type the whole poem, but I could have. It was illustrative example of the principle.

      Also bear in mind that just because you think it's fair use doesn't necessarily mean that the copyright holder would think that was fair use, and he has every right to haul you before a judge and argue that it isn't.

      That is inherent in the very nature of intellectual property.

      KFG

    12. Re:Not my area of expertise (legal or IP) by n0rr1s · · Score: 1

      In the Sony vs. Betamax case, the Supremes ruled that a device was legal so long as it had "substantial non-infringing uses."

      How come Diana Ross and co get to judge legal cases?

      Oh wait, I see...

    13. Re:Not my area of expertise (legal or IP) by Alsee · · Score: 1

      He just doesn't seem to give a rat about whether the laws he proposes are sane, or constitutional.

      Senator Orrin Hatch has sponsored more legislation later struck down as unconstitutional than any other republican (I dunno about democrats, but it's scary to consider that there might be someone worse than Hatch). He is also obsessively introducing and re-introducing and re-re-re-intruducing initatives to amend the Constitution. Everything from constitutional amendments to override the first ammendment and criminalize flag burning, to ban gay marriage, to school prayer, and who-knows what else. I'm almost surprised he hasn't introduced any copyright constitutional amendments.

      Hatch is a first class A-hole with an absolute contempt for the constitution.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  6. Fingers crossed.... by lukewarmfusion · · Score: 1

    Fingers crossed... ...that this act never makes it as a law. ...that the EFF's mock lawsuit is seen and understood by people with influence. ...that Senator Hatch's financial backing discredits his attempts to ruin intellectual property.

    1. Re:Fingers crossed.... by sixteenraisins · · Score: 2, Interesting

      Even more frightening (and this may be slightly OT) is that if this bill passes and becomes law, it could (will?) open the door for similar legislation reaching to other types of technology as well.

      Think about it - if they outlaw a certain piece of technology solely because it could be used to circumvent copyright (the iPod is a good example), then how long will it be before some capitol hill schmuck decides to author a law making other devices illegal? After all, a rifle could be used to shoot someone, a car could be used to race illegally, and a toaster could be used to electrocute someone in the bathtub.

      I'm not necessarily saying that this would certainly happen; only that a bill like this would open the door for it. You just watch.

      --
      When you're not looking, this sig is in Latin.
    2. Re:Fingers crossed.... by PitaBred · · Score: 2, Interesting

      Hell, if this crap passes, I say we sue Apple, C|Net and all these 'enablers', so that when we lose the suits, the law will be more or less invalidated by the courts.

    3. Re:Fingers crossed.... by shotfeel · · Score: 1

      As someone pointed out elsewhere, this law is a step towards making the VCR illegal. Good luck getting re-elected if you voted for a law that makes the VCR illegal. Hatch may be able to get away with it, but most congressmen/women can't take that kind of chance.

    4. Re:Fingers crossed.... by zangdesign · · Score: 1

      The best bet is to go after the RIAA members for supplying the material in the first place. Go after them under the same laws that allow crime victims to sue drug dealers, or the states to sue tobacco manufacturers.

      --
      To celebrate the occasion of my 1000th post, I will post no more forever on Slashdot. Goodbye.
  7. I may screw this up... by trainsnpep · · Score: 5, Insightful
    I remember a quote from a book I read abuot 5 years ago....or something like it.

    To make a pig go forward, tie a string around its leg and pull it backward.

    The basic instinct of anyone or anything - pig or human (or as the RIAA seems to consider P2P users pigs) - is to go the opposite of the way you're being directed. Now, I'm not saying the RIAA should encourage P2P, I'm just saying they are definitely going about it the wrong way. I've gotta agree, they're doing it all the wrong way. Perhaps some positive campaigns, not negative ones?

    --
    --<Mike>--
    1. Re:I may screw this up... by Anonymous Coward · · Score: 0

      The thing is you have to be forcing them to do something they don't want to do for them to react like that. Simply advertising P2P as a good thing for the RIAA is going to get more people using P2P. Because they like it.

    2. Re:I may screw this up... by I8TheWorm · · Score: 2, Interesting

      Have you seen the MPAA commercials? They're showing pictures of the production crew, editors, etc... and that downloading movies affects these people and their families. Quite the opposite PR campaign that the RIAA is using which is "stop downloading or these large corporate executives will have to buy a smaller yacht."

      I wonder if the MPAA campaign is appealing to the public any better?

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    3. Re:I may screw this up... by vDave420 · · Score: 5, Interesting
      The basic instinct of anyone or anything - pig or human (or as the RIAA seems to consider P2P users pigs) - is to go the opposite of the way you're being directed.

      RIAA bashing will get you your +5, despite being factually inaccurate.

      I like bashing RIAA as much as the next /.er, and working at a p2p company, I have good reason.

      However, the truth of the situation is that despite having reservations over being told what to do, most people merely accept instructions from authority without questioning them.

      I would say that desipte RIAA attmpeting to shut down my business, that they are, in fact, going about the situation in "the right way(tm)", where "right" in this context means "likely to achieve the majority of self interest goals", if for no other reason than because most people don't question "authoritative answers" to issues they encounter.

      I fairly recently had a discussion with a friend of mine, who fairly clearly demonstrated this principle. She had heard on the "FOX news" that downloading mp3s would cause you to go to jail. When I asked about this, seeking more details from her (remember, I make p2p software, so am interested in average people's thoughts on the subject) she actively avoided putting any thought into the subject, and instead rapidly retreated to the comfort of TV-delivered answers, as stated in passing moments across the "news" about it being illegal or being responsible for "starving artists" or "child porn".

      To me, it just reinforced my oppinion that the average person (and this friend is truly an average American) would rather just accept the "Authoritative answer from TV" to nearly any problem or situation encountered.

      What a long post to disagree with your off-the-cuff statement, eh?

      -dave-

      --
      The pig browse. With Google. Sigh is to the chicken. Chicken is fool. Giggle. The DailyWTF giggle.
    4. Re:I may screw this up... by Anonymous Coward · · Score: 0


      Judging by the guffaws in the theatres every time I see one, no.

    5. Re:I may screw this up... by Ark42 · · Score: 1


      You know those "truth" cigaratte ads? We need propaganda that is on the opposite side like that for things like this as well. As much as the "truth" ads really bend the truth to really make cigarettes look even worse then they are, I like seeing those comercials, they are kinda funny even.

    6. Re:I may screw this up... by Dimensio · · Score: 1

      I wonder if the MPAA campaign is appealing to the public any better?

      Absolutely. I felt really guilty after downloading a bootlegged copy of Harry Potter 3.


      note: I didn't really download a bootlegged copy of HP3. I did download a bootlegged copy of Kill Bill: Vol 1, but I ended up buying the DVD less than a week later anyway

    7. Re:I may screw this up... by Jennifer+E.+Elaan · · Score: 2, Interesting
      Actually, no, they're not a lot more effective.

      See, I don't have a television. The only place I have seen one of these ads was in a cinema.

      The result of me having to listen to propaganda like that without the benefit of "mute" or "fast forward" buttons, while trying to "do the right thing" and actually *spending* $20 or so on admission to a movie on a non-discounted night, left a distinctly unpleasant taste in my mouth.

      If it weren't such a cool movie (LoTR 3), I would have been decidedly dempted to leave, get my money back, and hit bittorrent.

      The MPAA, though, is in very little danger from downloads. It will take a bite out of DVD sales, but the box office can never be replaced. I don't know many people with 8-point surround sound and 15-foot high screens, and those few who do aren't usually worried about the cost of a DVD.

    8. Re:I may screw this up... by Anonymous Coward · · Score: 0

      most people just share less.
      everyone i know is apathetic about it.

      they dont see it as wrong, they dont care if it is. and they will do it inthe future.

      its like smoking weed on a massive scale.

      most people dont care and they will cntinue to do it regardless of the penalties.

      plus they feel they wnt get get

    9. Re:I may screw this up... by I8TheWorm · · Score: 1

      I hate TV myself... can I hang out at your house? Mine is usually glued to Disney or Nickelodeon (kids), which just makes it worse.

      I would probably have the same reaction if I saw those MPAA ads in the theater... targeting the very people that are actually paying to see the movie. I also think they're in a better boat than the RIAA right now because it takes damn longer to download a movie than a song.

      You're right in that nothing beats the in theater experience of a good quality movie, even with my slightly larger than average TV and 6.1 speakers.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    10. Re:I may screw this up... by Marc_Hawke · · Score: 1

      I used to have pigs. You can't hurd them like cows. What we did was pull on their tail. Grab on to their tail, and they are as easy to direct as if they had a steering wheel. Problem is, the most you can do it 2 at a time.

      Just corroborating your story.

      --
      --Welcome to the Realm of the Hawke--
    11. Re:I may screw this up... by Anonymous Coward · · Score: 0

      I work for a research institute - we set up what is called an "Accessgrid node". Basically, you get several LCD projectors and large fabric screens, use Xinerama to stitch the displays together for higher resolution, get an "echo canceller matrix mixer" dsp sound processing unit (to stop echos..duh) and cameras, and then do very high quality multiway video conferencing over the multicast internet.

      But we also used it for playing back a movie.

      Total cost of setup was about 14000 - but _very_ rapidly falling. Well in the "affordable" range of the upper middle class computer geek.

      Trust me, the MPAA is endangered in the near future. You just don't know many people with surround sound and 15" screens _yet_.

    12. Re:I may screw this up... by nine-times · · Score: 2
      Personally, I think you're both partially right- in that people rarely have good reasons for what they do. They are usually A) following instructions, senselessly, merely because they were told to, B) rebelling against authority, senselessly, without even considering whether the authority is right, or C) doing whatever they are most used to doing, senselessly, merely out of habit.

      Often people are motivated by a combination of these three, with (A) being dominant for most people most of the time, (B) being more forcefull, generally speaking, in teens, and (C) in older people. Amusingly, sometimes (B) is acutally (A), as people often rebel because someone has told them they should. Now, people never think that's why they do the things they do, but it, quite often, is.

      Either way, you can try to predict people as a fun game, but trying to associate reasons to human behavior for any practical purposes is dangerous.

    13. Re:I may screw this up... by I8TheWorm · · Score: 1

      But then what happens? Could you imagine Star Wars done on a Blair Witch budget? That's the sort of thing I think we all have to look forward to in the entertainment industry if song/movie sharing continues. Sure, I agree that $20 for a DVD for a movie that made a killing at the box office is a bit much, but that's economics. The price will eventually come down.

      The bottom line is it costs to make recordings and movies, no matter what the quality is.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    14. Re:I may screw this up... by Anonymous Coward · · Score: 0

      I'm sorry to hear you decided to pay for crap. I sell my shit for $100 a pound, you want some?

    15. Re:I may screw this up... by Anonymous Coward · · Score: 0

      The original Star Wars was done on a Blair Witch budget by modern standards, and look how much better it turned out than the others.

    16. Re:I may screw this up... by Anonymous Coward · · Score: 0

      Try hurding RMS, it's even harder than that.

    17. Re:I may screw this up... by shotfeel · · Score: 1

      Yes, its perfectly clear now that those people can't earn a decent living because of P2P networks. Its not like payiing the big stars $9 million instead of $10 million and using that money to pay "the little people" would be any kind of solution.

    18. Re:I may screw this up... by I8TheWorm · · Score: 1

      Ok, if you need someone to explain the CPI or some other inflation indicator to you, you might not want to spill your wisdom here.

      However, to enlighten, the original Star Wars (Episode IV: A New Hope) was made on a budget of $9.5MM in 1976. By contrast, the Blair Witch project was made on a mere $35k in 1999.

      Using the CPI, the Star Wars budget was $28,596,805 in 1999 dollars. Quite a difference from $35,000, although at least I can agree it was much better than BWP.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    19. Re:I may screw this up... by Nspace13 · · Score: 1

      those truth commercials just make me wanna smoke. i guess maybe it is the juvenile urge to do the opposite of whatever authority tells you. i mean i want to quit and i've been trying , but everytime i see their commercial i don't think, oh look cigarettes are bad, i think oooh ymuuy a cigarette, i think i'll have one now. they put it in front of me, just when i'm trying not to think about it too.

      --
      steal this sig
    20. Re:I may screw this up... by I8TheWorm · · Score: 1

      Again, you're missing the point. Yes, there are a handfull of stars who make absurd amounts of money, but they're a handful. And illegally copying songs doesn't just take money out of their pocket or the pockets of the label execs, it takes money out of the pockets of other people. The problem, once again, is the business model the labels choose to use, and everyone but them and the RIAA agrees that it needs to change.

      But if you're simply trying to convince yourself that somehow that music got put together for free, keep on trying....

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    21. Re:I may screw this up... by Nspace13 · · Score: 1

      i don't have cable. i have a tv and i'll use it to watch the simpsons every once in a while. i would have hbo, if you could get that from time warner without paying for super cable but you can't. so i download all the six feet under episodes. of course i will be buying each seasons dvd when they come out.

      i think the thing the MPAA and the RIAA is forgetting when they make these commercials is that i only download things because they are there and they are free. i wouldn't pay for them if they were not available for free. i rarely ever download a movie i am going to buy, i download the movies that are not worth paying for, but that might be worth seeing once. ones where the quality of the picture won't matter because i don't really care about the film or tv show and probably won't be watching it again. music is another story, i download a lot and buy a lot, but i could never afford to buy all the music i want. i'm also betting that most of the artists i listen to just want to be heard anyway, they (hopefully) feel the pain of the poor bastards that make up most of the country (US) . i'm trying to support them, its just slow, working only pays so much!

      --
      steal this sig
    22. Re:I may screw this up... by geekboy2k · · Score: 1

      8 point surround? Oh, crap - I just bought my 7 point surround system and it's obsolete already?

    23. Re:I may screw this up... by Anonymous Coward · · Score: 0

      Uh, duh, yup, thanks George. But you might want to reach up and grab the point, which just flew over your head. 28 million is nothing compared to the big budget special effects action flicks made nowadays.

    24. Re:I may screw this up... by Anonymous Coward · · Score: 0

      COOL!

      The average American likes Justin Timberlake right?

      So...the RIAA is going to get rid of all these 'average' American's who share their crappy pop music on P2P programs, leaving /.ers with their pr0n and European metalheads on them.

      In effect, the RIAA is just getting rid of the trash for us.

    25. Re:I may screw this up... by Jennifer+E.+Elaan · · Score: 1
      Check out the trailer for the next Star Wreck movie: Star Wreck

      So yes, big special effects can be done on shoestring budgets.

      The real problem now, though, is mostly an issue of people simply not having money. Wealth has become so concentrated in our society that breaking out of poverty in any way other than abject slavery is becoming extraordinarily difficult. Big business gets no sympathy from the working poor.

    26. Re:I may screw this up... by conan776 · · Score: 1

      Gee, it never occured to me to violate copyrights until I read this bill. I suppose Senator Hatch will have to be arrested for authoring it after it becomes law.

      --
      "Reality is that which, when you stop believing in it, doesn't go away." -- Philip K. Dick
    27. Re:I may screw this up... by RealityThreek · · Score: 1

      Based on my own reaction, they aren't effective at all. I worry when I download music, I make sure it's never shared and I limit how often I do it. Movies on the otherhand.. I download gigs and gigs, and don't worry nearly as much about sharing.

      Why? Because the RIAA sues people. :)

      --
      :wq
    28. Re:I may screw this up... by Dashing+Leech · · Score: 1
      I agree completely that most people don't tend to form opinions or act based on reason or even thinking. But as someone who works hard at being objective and living by reason, I can tell you it's very hard. Not that the thinking and reasoning is very hard, but I've found that people generally hate thinking and reasoning.

      As an example, a certain person I know (who shall remain nameless) will go through the trouble of sterilizing the tongs that touch the caps that go over the tops that go on the bottles that hold baby formula. By "sterilize" I mean boil in water on the stove for 10 minutes, not just clean with soap and water. Meanwhile, while this person is doing this, the baby is eating food off the kitchen floor behind them.

      I've tried explaining about the absurdity of this in terms of relative risk, but they just don't get it. The answer is always, "The doctor says this is right." (an "appealing to authority" logical falsehood). And of course the doctor never actually said that, she (the doctor) was most likely told that I suggested that baby bottles shouldn't be sterilized. I asked (the sterilizer person) for some study or demonstration that not sterilizing the tongs, but just washing them with soap and water, puts the baby at more risk than eating off the floor. Of course there aren't any because this simply isn't true even by common sense (or thinking, or analysis, or so on). Anyway, the sterilizing still continues and I get told I'm being "anal". To top it off, other people get told about me saying that "you shouldn't sterilize baby food" (which of course I don't say), thus getting the reputation of being "anal".

      So in the end, what do I get for all my trouble of actually thinking and reasoning ... a bad reputation, teasing, etc. Given all that, why is it worth it to think and be reasonable? It's an uphill battle all the way. I believe that's why most people don't bother.

    29. Re:I may screw this up... by I8TheWorm · · Score: 1

      Interesting, honestly. So do you think if the MPAA started the lawsuit bandwagon that you'd still download, just be more careful and not share anything?

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    30. Re:I may screw this up... by nine-times · · Score: 1

      The sterilizer person-- it's your wife, right?

    31. Re:I may screw this up... by Dashing+Leech · · Score: 1

      No comment!

    32. Re:I may screw this up... by shotfeel · · Score: 1

      This reply is so late, I'm sure nobody will see it, but...

      No, I think you're missing my point.

      Its a hard sell for someone ("star" or executive) who's taking home $millions to stand up and cry about how the people who "put the music together" aren't getting paid a good living wage because of file sharing networks.

  8. Canada and the music industry by nostriluu · · Score: 2, Informative

    Reader Brill Pappin points out that Canadians aren't afraid of the music industry.

    Not really true, there's just a bit of confusion going on now. The courts are sorting it out for us and will let us know if we should be afraid or not real soon.

    There was a photo of the Culture minister wearing a t-shirt that said "I support canadianmusic.com." Of course, it really should have said "I support thecanadianmusicindustry.com." Two entirely different things.

  9. Canada not afraid by jeepee · · Score: 5, Informative



    Pretty logic Canadians are not afraid....
    File sharing is legal here...

    http://news.com.com/2100-1027-5182641.html

    1. Re:Canada not afraid by Otter · · Score: 3, Informative

      In the Canadians' defense, aren't they already paying a surcharge on recordable media and MP3 players to the music industry? It seems unfair to preemptively tax them for copyright infringement and then complain when they infringe.

    2. Re:Canada not afraid by ConceptJunkie · · Score: 1

      Well, at least it gives you something to do while waiting for your heart surgery. ;-)

      Seriously though, I bet it won't last much longer. Canada's a smaller market than the U.S., but I'm sure the Media Hegemony hasn't forgotten about it. Wait, are those cross-hairs I see on the Great White North? Good luck, Canada.

      --
      You are in a maze of twisty little passages, all alike.
    3. Re:Canada not afraid by 56 · · Score: 4, Interesting
      I go to the University of Toronto, and a girl from my college, Vic, got her internet connection suspended after a round of threats from, if I remember correctly, Paramount. I guess it could have just been scare tactics, but you wouldn't think the university would be willing to set a precident like that if they didn't feel like they had a reason to back down.

      The Vic newspaper said she was using Kazaa, which doesn't make much sense as we have our own UToronto-wide file-sharing network using DC++ that goes at like 7mpbs and has a huge selection...

      The article you cite is dated March 31, so maybe the instance I'm referencing took place prior to that date.

    4. Re:Canada not afraid by Ubergrendle · · Score: 3, Interesting

      I'm not so sure that its legal, just that the CIRA has not come up with a viable copyright infringement legal case that works within our justice system...yet. Once they have a framework, I fully expect numerous lawsuits in a similar vein to the RIAA.

      We're in the midst of federal elections here. Unfortunately its the standard issue of compromised choices. I can vote for the Conservatives, who although state they are hands-off for business subsidies and want to eliminate CANCON, they also would override the canadian consititution in issues of gay rights, want to privatise healthcare, and have heavy backing by funadmentalist christian groups from the rural western provinces.

      Alternatively, I can vote for the Liberals who have been plagued with spending scandals, are firm supporters of CANCON, and wish to strengthen copyrights rules. Unfortunately they're the more progressive party in terms of personal rights and freedoms and have a less aggressive tax-cut strategy.

      The New Democratic Party would raise taxes both on the recording industry and on the CDs... no one would buy them anymore, and the recording companies would go bankrupt. ;)

      --
      John Maynard Keynes: "When the facts change, I change my mind. What do you do?"
    5. Re:Canada not afraid by poot_rootbeer · · Score: 1


      Of course you Canadians don't have to fear the CRIA coming after you.

      They get money every time you buy a blank CD-R or MP3 player. They don't have to threaten you to get your pound of flesh... because they already have it.

    6. Re:Canada not afraid by Anonymous Coward · · Score: 0

      Vote for the Bloc

      http://www.blocquebecois.org/

    7. Re:Canada not afraid by Anonymous Coward · · Score: 0

      That's a bit misleading... File sharing is legal in the US as well, so long as you have the copyright holder's permission to distribute the works. (or if it's public domain stuff)

    8. Re:Canada not afraid by hackstraw · · Score: 1

      Can a canadian or someone who knows fill us in if there is a parallel to the RIAA in that country (or any other country).

      The closest thing I could find was Canadian Country Music Association. However their about us page differs greatly from RIAA's about us page.

      Remember, frivilous lawsuits is a big business here in the US. We are familiar with the litigious bastards. We, believe it or not, actually have lawyers on TV telling uninteligent people that they will get them CA$H for any wrongdoing done to them.

    9. Re:Canada not afraid by Ubergrendle · · Score: 1

      I referred to it incorrectly in my original post... the CRIA is the Canadian Recording Industry Association, the Canadian RIAA equivalent.

      We also have something colloquially called CANCON, short for Canadian Content. Our equivalent of the FCC mandates that media formats distribute a certain volume of Canadian created/produced content to compensate from the inevitable avalanche of American culture spilling over our boarders. It is somewhat effective, and has led to the rise of a domestic music and television industry. Unfortunately it has also contributed to the existence of some artifically supported recording companies and mediocre airwave content. I'm indifferent on the matter, as are many Canadians.

      --
      John Maynard Keynes: "When the facts change, I change my mind. What do you do?"
    10. Re:Canada not afraid by sjwaste · · Score: 1

      In my opinion, vote for whoever is going to spend the money properly. Personal rights come about naturally in a democracy, but spending generally doesn't follow suit. Remember, people will go about doing what they want, and the government eventually accepts it because they're in office to legislate for the people. I dunno, maybe I'm too idealistic, but I still think the government works for what people want. They just have trouble spending money appropriately.

    11. Re:Canada not afraid by hackstraw · · Score: 1

      Thanks. Interesting, they seem to be exactly the same as the RIAA. Look at their "news" section and the "news" section at the RIAA. Also, their about pages are nearly the same.

      I still cant figure out why other industy's trade organizations behave like the music's trade organizations. I guess that the rumors about the music industry just being sleezy is true.

    12. Re:Canada not afraid by Anonymous Coward · · Score: 0

      Sucker. We are, we are, we are, we are the engineers ...

    13. Re:Canada not afraid by Anonymous Coward · · Score: 0

      The "Conservatives" are just the Reform party with a new name. It is too bad as the PC (before Mulrony) was exactly that -- progressive conservative and provided a good balance with the Liberals. Now voting right is a vote for radical fundies rather than a viable alternative.

      The NDP, on the other hand, probably has the most sensible budget of the big three in english Canada. Sounds right to me -- close the tax loopholes for big business and reinvest the money into our physical and social infrastructure. The Liberals I would trust to keep things balanced, as they have for many years. The media made a mountain out of a molehill with the sponsorship "scandal" et al. I don't like Martin due to his contacts with big business, but he's not as slimy as Harper. The Conservative platform is insanity... there's no way they could pull off all those tax cuts and still do what they say they would. Besides, just take a look at what happened in BC -- the provincial liberals (neo-cons, nothing like the federal party). Cut taxes, but in the end, it benifitted those with the most money, and the small savings netted by everyone else were gobbled up by new user fees etc. Nothing like a regressive tax scheme!

      Its a matter of scale. We can all individually pay user fees, or pay a little more tax. Sure, there's an overhead in beaurocracy, but it is incurred either way. The fact is, over the long term, the Canadian gov't overhead is lower than that in the private sector. So we can play to the economy of scale and all pay a little tax into the pot, or collectively pay more with user fees. I know which I'm going to choose.

      But in the end, vote for the local candidate that you think will do the best job representing you in parliament. I'm voting this way, and in my case it is our local NDP candidate.

    14. Re:Canada not afraid by Sylver+Dragon · · Score: 1

      Sadly, in the US we pay this media tax as well. It was part of the AHRA, IIRC. Basiclly, any "Music" media has this small tax tacked on to it because it is assumed that this media will be used to copy music and give it to your friends. Of course, as the RIAA pushes for all of these new restrictions, and laws that will stop you from giving your friends a mix CD, you never hear them mention that this tax should be repealed. That would, after all, be fair, if they copying is no longer allowed, they shouldn't get a free ride.

      --
      Necessity is the mother of invention.
      Laziness is the father.
    15. Re:Canada not afraid by Zhari · · Score: 1

      You're forgetting about the Greens, who have the best policies regarding copyright, privacy, and so forth IMHO. Ultimately, none of the three traditional parties have much to offer, which means its time for a good ole' protest vote. And for each vote the Greens get 7 more dollars over the next four years thanks to Chretien's new campaign finance laws.

      --
      Hell is other people
    16. Re:Canada not afraid by Anonymous Coward · · Score: 0

      I doubt the university exactly likes students warezzing on their network, legal or not.

    17. Re:Canada not afraid by Anonymous Coward · · Score: 0

      Canada sucks (hope I dont' get modded redundant)...

    18. Re:Canada not afraid by Anonymous Coward · · Score: 0

      I'm an artsie, I'm an artsie, I'm an artsie drinking beer. But I'd rather be an artsie than a fucking engineer.

  10. Ironic... by Shoeler · · Score: 3, Insightful

    That the RIAA is spending millions or tens of millions or more of their "hard earned" money to combat piracy, but yet they see fit to increase the price of downloaded songs from iTunes, Napster, etc. At $.99 songs were a bargain, but why the hell would I go out to download an album that I can buy on a CD for the same price???

    1. Re:Ironic... by Fearless+Freep · · Score: 2, Insightful

      If the RIAA really actually cared about the *artits* they would spend a lot more time working to make sure the *artists* got more money per CD and didn't get acidentally trapped into vicious contracts

      There's a *lot* more the RIAA could de doing to help the people they supposedly reresent then going after file sharing. I mean, if a CD is sold a few less times due to downloads then the artists loses a few hundred bucks and the record company loses thousands. If the RIAA really cared about the money the arist was making or losing, they'd be fighting the record company to change the way contracts work so that the artist *gets* more then spare change per cd

      Not that I think filesharing s right in it's own, but who is the RIAA really repersenting? Their targeting seems to be off a bit

    2. Re:Ironic... by I8TheWorm · · Score: 2, Interesting

      Go to The RIAA's site where they make no bones at all about the fact that they represent the labels. They make an aside that they sort of represent artists, but only because they fight for freedom of speech so the labels can sell more CD's.

      Notice, also, that they're a .com, rather than a .org ;)

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    3. Re:Ironic... by Fearless+Freep · · Score: 1

      Go to The RIAA's site where they make no bones at all about the fact that they represent the labels.

      Maybe they should change the name from "Recording Industry Artists of Amercia" to something abit more honest then?

    4. Re:Ironic... by servognome · · Score: 1

      Recording Industry Administrators of America

      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    5. Re:Ironic... by I8TheWorm · · Score: 1

      I couldn't agree more...

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    6. Re:Ironic... by brain159 · · Score: 1

      Umm, it's already "Recording Industry Association of America". Says so right in their <title> tags.

    7. Re:Ironic... by Fearless+Freep · · Score: 1

      Then I give up :)

      Seriously, though, I think the point is still valid.

  11. Other perspectives by sphealey · · Score: 4, Interesting
    I think it is important to read Jerry Pournelle's perspective as well, however. As a person who has earned his living from selling written works for more than 30 years, he brings a different viewpoint to the discussion, and asks some good questions of the more radical end of the anti-DRM group.

    sPh

    1. Re:Other perspectives by mdielmann · · Score: 1

      Conversely, Eric Flint has an interesting opinion, too. And, of course, the place to find those free books...

      --
      Sure I'm paranoid, but am I paranoid enough?
  12. It has always been this bad by nebaz · · Score: 2, Insightful

    I could start about how corporations have bought the congress and that we are going down a road to hell, but unfortunately it has been this way for a long time

    --
    Rhymes that keep their secrets will unfold behind the clouds.There upon the rainbow is the answer to a neverending story
  13. Whoa there with the brainwashing by bigberk · · Score: 4, Insightful
    ... address music sharing. In one Kembrew McLeod says that the lawsuits aren't working
    Does anyone else notice a pretty serious effort to associate, psychologically, music sharing with illegal activities? The two don't always go together. I share legitimate music on the Internet with strangers. And I legitimately share music I own with close friends. They're trying to brainwash us (and it's working BTW)
    1. Re:Whoa there with the brainwashing by lukewarmfusion · · Score: 1

      Aside from psychologically criminalizing the legal types of music sharing, there is also a dangerous attempt to equate the admittedly illegal file-sharing with stealing.

      The argument goes something like this:

      "If you go into a store, find a CD, and walk out without paying for it - that's stealing." Most people agree that it's wrong, so you already have them halfway there. Then you equate downloading to shoplifting a CD.

      Shoplifting a CD will get you a fine and/or some minor jail time. Download a single song from the internet, and you can be sued for up to $250,000 and/or jailed (for willfully violating copyright). How are these equal again?

    2. Re:Whoa there with the brainwashing by FuzzyBad-Mofo · · Score: 1

      I see a lot of posts here lately which are supportive of the record industry's claims, but I wonder how much of that is just astroturfing.

    3. Re:Whoa there with the brainwashing by Anonymous Coward · · Score: 0

      How many busted filesharers have paid the $250,000 fine? Whats that, none? There are atronimical maiximum fines for many crazy laws, nothing new here. That doens't mean anyone actually gets sentenced to them.

    4. Re:Whoa there with the brainwashing by lukewarmfusion · · Score: 1

      Ahh, but there have been people treated to the maximums. In the case of someone who uses copyrighted material illegally, such as sampling music without permission, they can be sued and the maximum (or worse) has been awarded.

      Filesharers? None. Not yet, anyway. How many of those cases have actually made it into court and come away with a sentence?

    5. Re:Whoa there with the brainwashing by Jennifer+E.+Elaan · · Score: 1

      It's not downloading, but uploading, that's illegal. The theft model doesn't really apply well here. I suppose you could equate it to the shopkeeper slipping you the CD without the manager knowing, but that sounds like a bit of a stretch.

    6. Re:Whoa there with the brainwashing by compro01 · · Score: 1

      TMK, no one has actually taken those to court. all the suits have been settled out-of-court.

      thats what is screwed up with the us lawsuit system. you can ruin someone with a lawsuit, even if your suit has no grounds. they get crushed by the legal fees.

      --
      upon the advice of my lawyer, i have no sig at this time
  14. There goes ftp... by jbeaupre · · Score: 2, Insightful

    Can't write ftp code. Could be used to copy files... Worse, don't try reading a childrens book to your kids while away on business (which the US Navy encourages by offering recording services). Unlawful encoding of copyrited material.

    --
    The world is made by those who show up for the job.
    1. Re:There goes ftp... by Anonymous Coward · · Score: 1, Funny

      Does this mean that I have to remove the CTRL and C and V keys off my keyboard?

    2. Re:There goes ftp... by Patrik_AKA_RedX · · Score: 2, Insightful

      Even pen and pencils are ilegal then. Those can be used to copy written IP.

      Like things are going I expect to see Americans, Canadians and Europeans seeking refuge in Cuba.

    3. Re:There goes ftp... by tomhudson · · Score: 1
      Even pen and pencils are ilegal then. Those can be used to copy written IP. Like things are going I expect to see Americans, Canadians and Europeans seeking refuge in Cuba.
      Nah, it's just people from that great republic to the south who will be moving up here to Canada.

      Actually, with the way that laws are going in the States, I won't be surprised if we start seeing a reverse brain drain, with more projects moving to Canada to avoid the risks of DMCA and PATRIOT Act crap. There are some projects that are just impossible under US law (remember when encryption was considered a "munition", and you couldn't export better than 56-bit if you were US-based, but there's never been a limit if you worked in Canada :-)

  15. That proves it.... by Kenja · · Score: 5, Funny

    File sharing is legal in Canada and its had no effect on the quality of music and art, just look at all the high quiality IP comming out of the land up north! I even hear that Shatner is back in the recording studio.

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    1. Re:That proves it.... by Anonymous Coward · · Score: 0

      I realize you are attempting to be funny (and the mods would seem to agree), but.....

      > I even hear that Shatner is back in the recording studio.

      But, the said studio is (pause)in (pause)the (pause)states.

  16. Is it just me? by FS1 · · Score: 0, Flamebait

    Orrin Hatch needs to be voted out of office promptly and permanently. In fact he should be barred from participating in any political process for the rest of his life.

    --
    A Fatal OE Exception has occurred, Sig will now reboot.
    1. Re:Is it just me? by Anonymous Coward · · Score: 0

      Hatch is a classic example of a politician without principles. He is completely beholden to his financiers -- SCO, LDS, Kennecott Copper, etc. His first interest is lining his own pockets and campaign coffers. He is neither conservative or liberal. He is just a sleazeball.

    2. Re:Is it just me? by Anonymous Coward · · Score: 0

      Since when is the truth flamebait?

    3. Re:Is it just me? by KevinKnSC · · Score: 2, Insightful

      Um, have you ever been to Utah?

    4. Re:Is it just me? by vegetablespork · · Score: 1

      You forgot about the part where he should be anally violated with the business end of a plunger in front of the LDS temple. OK, that part might be optional, but it'd still be pretty cool.

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    5. Re:Is it just me? by realdpk · · Score: 1

      It seems like the oath that they all take, to uphold the constitution, seems to be pretty worthless. I think they should be held accountable to that oath. They should be expelled, and barred from public office as you said.

    6. Re:Is it just me? by happyfrogcow · · Score: 1

      You know, that's pretty interesting...

      once again, obligatory links:
      support the EFF
      write your senator

    7. Re:Is it just me? by Anonymous Coward · · Score: 0

      nice to see people still abusing their moderator points.

  17. Neither of the NYT articles get it.. by CashCarSTAR · · Score: 5, Interesting

    Both assume that somehow the RIAA should play nice with alternative distribution/promotion methods, and somehow that they are trying to do that, just going about it the wrong way.

    Frankly, that's foolish.

    The RIAA has absolutly nothing to gain by releasing the promotional controls they have over the industry. Why? Because it completly removes all their power. P2P/Webcasting make the threat of the next big thing coming up outside their reach very possible...and possibly very likly.

    The fight over P2P and webcasting is not intended to raise money in the short term, it's intended to monopolize the promotional channels to ensure their long-term relevence.

    1. Re:Neither of the NYT articles get it.. by rsteele19 · · Score: 1

      Exactly right. The royalty system proposed by the EFF would go a long way to levelling the playing field between the major labels and the independent artists. When a band can record and release an album themselves, promote it on the internet and get paid for every download, who needs a major label?

      Expect the RIAA to do everything within their power to ensure that such a scheme will not be implemented.

      --

      This sig is umop apisdn.

    2. Re:Neither of the NYT articles get it.. by Deliveranc3 · · Score: 1

      One group who could actually make a diffrence is the artists.

      For a long time the only way for them to make money has been through contracts with soul stealing capabilities, one would expect them to jump on this alternative.

      Course then you have the beasty boys thing and you wonder if they even give a f*#C. (Swearing was called for, in this case).

    3. Re:Neither of the NYT articles get it.. by hackstraw · · Score: 2, Informative

      People, stop thinking of the RIAA as a company. They are not. They don't have any distribution or promotion methods. They do 2 things. They "give" labels to albums that have sold X numbers of copies (gold, platinum, etc), and they go to court. Don't believe me, read it from them.

      If I were a lawyer, and couldn't get a real job, playing the RIAA game would certainly pay the bills.

    4. Re:Neither of the NYT articles get it.. by sowth · · Score: 1

      What do you think the RIAA does? One of their major functions is to handle compulsory licenses. Who do you think redistributes the compulsory license money? The RIAA. Who do you think chooses which method to "fairly" determine how the money is distributed? The RIAA.

      One would think it should be handled by a neutral government agency, but it is not.

  18. Problem with Paying a Monthly Fee for file-sharing by osewa77 · · Score: 1

    One of the linked sites proposes that a monthly access fee that allows users to share files indiscriminately('freely') is the ultimate and best solution. The problem with this is, how are we going to determine how the money will be distributed among the many target beneficiaries (the various record companies, the artists and composers who are paid a commission, etc.)
    _____
    Internet, Productivity Blog

  19. The silver lining in the falling sky... by Mr.+Neutron · · Score: 5, Interesting

    Let's say the EFF's worst nightmare scenario occurs, and legislation eventually gets passed making all sorts of things, from DRM-free hard drives to writing simple Internet clients, to "unprotected" ADCs in every possible consumer device, illegal. Eventually the people are going to realize that we've stumbled into Regulations Hell, and the people will demand a repeal of all of these stupid laws. "Load a program, go to jail" laws will not be popular, and when ordinary people start getting busted for doing utterly benign things, there will be a backlash.

    The simple fact of the matter is that the existance of the Internet has made unlimited digital sharing a reality. The genie's out, people love getting free stuff, and nothing short of a police state is going to stop it. The content providers are either going to have to find a business model to take advantage of this, or learn to live with it. It's that simple.

    --
    dinner: it's what's for beer
    1. Re:The silver lining in the falling sky... by Teppy · · Score: 1

      Oh yeah? Name one time since the revolutionary war that people "realize that we've stumbled into Regulations Hell, and...demand a repeal of all of these stupid laws."

    2. Re:The silver lining in the falling sky... by Mr.+Neutron · · Score: 3, Insightful

      The repeal of Prohibition, passed February 20, 1933, ratified December 5, 1933

      --
      dinner: it's what's for beer
    3. Re:The silver lining in the falling sky... by Deliveranc3 · · Score: 1

      See we are well past that point.

      The sad thing is that companies are able to get rights and file lawsuits when it's "possible" their rights are being infringed while the people of America who's rights "Are" being infringed are too disorganized to do anything about it.

      Vote Hatch I guess.

    4. Re:The silver lining in the falling sky... by Patrik_AKA_RedX · · Score: 1
      Eventually the people are going to realize that we've stumbled into Regulations Hell, and the people will demand a repeal of all of these stupid laws.
      Unlikely. Joe Sixpack, like always, will moan and put up with it. Would you risk your easy and confortable life over this?
    5. Re:The silver lining in the falling sky... by bigberk · · Score: 2, Insightful
      The simple fact of the matter is that the existance of the Internet has made unlimited digital sharing a reality. The genie's out, people love getting free stuff, and nothing short of a police state is going to stop it.
      Exactly. I would take it further toward basics. One of the fundamental design purposes of a digital computer is to copy information perfectly. This is what data storage and retrieval is all about! Right now you're sitting at a desktop machine, the result of billions of dollars of research, all to ensure reliable and efficient data duplication/processing. Trying to restrict actions (like media copying, format conversions, data uploads) is just plain silly when you've got math and physics against you.

      What we're seeing is a conflict between the desires of a corporation and the realities of modern digital computing infrastructure. Digital computing is going to win, because we need it.

      Here's an analogy. In India, multinationals have tried to enforce patent rights on seeds to prevent locals from sharing crop seeds as they have always done traditionally. But a seed grows when it is placed in the ground, and plants reproduce -- this is nature's design. The people decreed that they will plant and swap seeds despite what law tells them to do.

      And soon that's what we will do too (in the digital context) because things are approaching sillyness.
    6. Re:The silver lining in the falling sky... by McNally · · Score: 1
      Oh yeah? Name one time since the revolutionary war that people "realize that we've stumbled into Regulations Hell, and...demand a repeal of all of these stupid laws."

      someone will probably beat me to this, but the obvious example would be Prohibition, no? that one actually required the repeal of a constitutional amendment!
    7. Re:The silver lining in the falling sky... by sowth · · Score: 2, Insightful

      Except 90% of the things are behind the scenes. The average person won't understand why they can't even copy their own files. They will either believe the propaganda that DRM is "security" or just think their computer is "acting up."

      For at least a decade most computers have been buggy as hell and virtually no one does anything about it. They just say "computers are that way, nothing can be done." In fact, many of them demand Microsoft software because they think their computer won't work right without it, but it is the worst.

      Don't expect the general public to understand what is going on or try to do anything about it if they do.

    8. Re:The silver lining in the falling sky... by Anonymous Coward · · Score: 0

      Yeah, like the war on drugs. Light a joint go to jail. Oh wait... Public outrage didn't do anything with that one.

    9. Re:The silver lining in the falling sky... by bgeer · · Score: 1
      But that's the beauty of overbroad laws, when you combine it with selective enforcement against criminals and your enemies you both get the power you want AND you get less political opposition. Since very few people fall into the 'enemies' category most people won't consider the abuse relevant to them.

      Add to that a few skilled political operatives to go on CNN and Fox News to confuse the issue (some noted experts at this are e.g. Paul Begala, Clifford May, Daniel Pipes) and a critical mass of opposition will never develop.

    10. Re:The silver lining in the falling sky... by Anonymous+Custard · · Score: 3, Insightful

      and when ordinary people start getting busted for doing utterly benign things, there will be a backlash.

      ahhhhh... but therein lies the key... You're right that a law that starts being used to bust everyone will soon be repealed.

      But when an unreasonable law is rarely applied, and therefor publicly accepted/ignored, then everyone becomes a criminal, though usually thy're not prosecuted. Think of stupid 55 mph speed limits. Everyone (in my area) drive at 60-80 miles an hour, and 99% never get a ticket, so they never lobby to get the unreasonable law repealed and the limit raised. But for those who do get caught, they have no recourse in court, and the argument "everyone else was driving 80 mph" never proves to be an effective defense, since the law was so clearly broken and teh speeder was so clearly guilty.

      Thus, instead of keeping people safe by making people drive more slowly, selective enforcement gives the law enforcers broad, imbalanced powers. They can pull over just about anyone on the entire highway, since very few people drive at 55 mph or lower. I'd bet that statistically 95% of people drive at least 5 mph over the speed limit on the highway. So if they don't like the way someone looks, or they want to meet a cute woman, or any other reason, a police officer can pull over anyone at any time, because they were "speeding".

      This new Copyright Inducement law will now be applied to everyone who it could be applied to. It will be applied selectively. Most people, unaffected personally, will not be motivated to get it repealed. Congresspeople will see hat it's not a majority concern in their district, so they won't pay attention to it. And, like the 1% of highway speeders, a few unlucky bastards will find themselves undeniably guilty under the law with million dollar court cases against them.

      So thats why it's up to activists and watchdogs to get this legislation stopped before it gets passed.

    11. Re:The silver lining in the falling sky... by Anonymous+Custard · · Score: 1

      >This new Copyright Inducement law will not be applied to everyone who it could be applied to.

    12. Re:The silver lining in the falling sky... by mog007 · · Score: 2, Insightful

      Drug prohibition has been going full strength since the 70's, and it hasn't showed any signs of slowing. It's responsible for jailing people that arn't real criminals, just as prohibition did, and it's certainly contributed to crime, just as prohibition did. Not to mention the havoc in third world governments that illegal drugs are netting. Drugs havn't been made legal, and I doubt they will be. Corporations didn't have nearly as much power over the government back in the early 20th century, but they do now. Don't expect a turn around of the DMCA in 10 years, it's not likely to happen.

    13. Re:The silver lining in the falling sky... by Anonymous Coward · · Score: 0

      Stockpile your guns and ammo. Need to be ready for that day when the people say enough is enough and we overthrow these fascist bastards. Join the revolution :-D

    14. Re:The silver lining in the falling sky... by sploxx · · Score: 1

      The genie's out, ...
      Funny that you describe it this way.
      Have you read the paper
      The Digital Imprimatur - How big brother and big media can put the Internet genie back in the bottle
      ?

      Of course, I also hope that there will be a backslash. But I'm not too optimistic.

    15. Re:The silver lining in the falling sky... by Roger+W+Moore · · Score: 1
      But when an unreasonable law is rarely applied, and therefor publicly accepted/ignored, then everyone becomes a criminal, though usually thy're not prosecuted. Think of stupid 55 mph speed limits. Everyone (in my area) drive at 60-80 miles an hour, and 99% never get a ticket, so they never lobby to get the unreasonable law repealed and the limit raised. But for those who do get caught, they have no recourse in court, and the argument "everyone else was driving 80 mph" never proves to be an effective defense, since the law was so clearly broken and teh speeder was so clearly guilty.

      You must live in Chicago! It's the only place I have ever driven where it is dangerous to drive at or below the speed limit. The first time I drove on the motorways there, attempting to be a good foreign visitor I followed the 55mph speed limit. After nearly getting run over by several lorries going at 70+mph I decided my defence in court, were I ever to get pulled over, would simply be that it was too dangerous to travel at only 55mph when the majority of traffic is doing 65+.

    16. Re:The silver lining in the falling sky... by Thomas+Shaddack · · Score: 1
      It's a good paper; taking things a bit to extreme, but it was necessary to illustrate the point clearly.

      But things won't get that bad. In the very worst case, there will be always ways of person-to-person connections; many IM programs offer file transfer, even direct UDP connectivity is being demanded in the form of support for various Internet-enabled games. The gaming and chatting community is big enough to create a commercially viable market segment to which the ISPs will have to cater.

      We also have email; which is enough for smaller files.

      And in the worst case, when we won't have the Net at all, there is always the possibility of using the telephone to negotiate fedexing of a pack of DVD-Rs.

      While the paper is correct in the description of things getting worse, my personal bet is that instead of hitting the worst, a kind of dynamic equilibrium well-above the bottom will be established. Also, don't forget the possibility of community-wide mesh networks, outside of the scope of the Big ISPs policing.

  20. List of those to sue so far by f0rtytw0 · · Score: 5, Funny

    I hope this passes since it could be great at generating income for me or at least be a great investment. First off I can sue Dell since I have a computer from them and it was really easy to get and they gave me no warnings on how easy it was to use a computer to commit fraud. Then I can sue Microsoft for making an operating system that allows for easy copy right infringement. Their "copy" and "paste" methods have cost trillions and trillions of lost sales and IP revenue. Then I am going to sue my ISP for giving me internet access. Finally I am going to sue the government for inventing ARPA Net which evolved into the IP stealing networks we have today. There are pleanty of others on this list but I think this is a good start. All I need is a couple hundred million dollars to start the lawsuits but the return on this inventsment is quite substantial.

    --
    this is the most important sig ever! In your face 446154!
    1. Re:List of those to sue so far by Descartes · · Score: 1

      Why not sue pen and paper manufacturers too? They provide a product that allows people to illigally copy copywritten material. Just copywrite something you've written, get a friend to copy it onto paper and then sue bic for inducement.

    2. Re:List of those to sue so far by Grey+Tomorrow · · Score: 1

      Where in that list does Al Gore fit in? After all if it weren't for him there would be no internet, right? Oh and please, when you sue him and lose, demand a recount.

  21. Their tactics aren't ineffective by bobhagopian · · Score: 4, Insightful

    Lord knows I don't agree at all with the RIAA/MPAA, and it certainly hasn't stopped me (or probably most other /. readers from "sampling" music "before I buy").

    But, their tactics have worked reasonably well, at least as a low-pass filter. I'd say that the lower 80% (in terms of resourcefulness) have significantly reduced or altogether ceased downloading music and videos online. Everyone is afraid at some level of the RIAA, and the effect has been noticeable. Whether or not the RIAA's campaign has been cost-effective is another matter, but that's not to say that it hasn't worked.

  22. Read the fake suit ... then write your Senator by Random+BedHead+Ed · · Score: 4, Informative

    This lawsuit is creepy, but extremely plausible. After reading so much Grooklaw recently I felt like I was reading a real lawsuit. Time to write our senators this weekend. Find your senators here:

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

    And the EFF's action item on this, complete with a sample letter, is here.

    We should all make a habit of this - I personally don't write these people often enough.

    1. Re:Read the fake suit ... then write your Senator by Anonymous Coward · · Score: 0

      Bah! Why write them, when you can sue them!

    2. Re:Read the fake suit ... then write your Senator by Jalthar · · Score: 2, Informative

      Furthermore, try to take the time to sign up to the "EFF Action Center". Then, instead of wasting time composing messages on Slashdot to complain about the idiocy of this law, spend your time editing the text of the barebones message EFF provides for you, so as to increase its impact. While sending one of a whole slew of identical emails definitely will show your support for this matter, a well-written (be nice!) "personal" note would have even more effect. Bonus points if you can point to specific companies in your local state that would be adversely affected by this law...

      --

      --
      Need a break? Check out CircusIrata

    3. Re:Read the fake suit ... then write your Senator by Trillian_1138 · · Score: 1

      After bitching and complaining on Slashdot, something finaly snapped. I just printed two of the EFF's suggested letters, placed 'em in envelopes, and mailed them. Thanks for the links.

      -Trillian

  23. RIAA Members would be first victims of this law! by GuyverDH · · Score: 2, Interesting

    Lawsuit brought against audio / video equipment manufacturers and the studios that bought them that allowed the music / movies to be recorded in the first place. Then the equipment manufacturers and companies that used them that created the CDs, cassettes, DVDs, and VHS tapes of the movies that allow people to see them and possibly record them. Then we go onto the chain stores who purchase the equipment to play them and the media that contains the information that can be copied. all of this before we ever hit the first end-user law-suit.

    --
    Who is general failure, and why is he reading my hard drive?
  24. But what about slashdot?? by Anonymous Coward · · Score: 0

    Could this legislation possibly make posting dupes illegal and finally put a stop to them?

  25. Jerry Pournelle... a joke by Anonymous Coward · · Score: 1, Informative

    about 15-20 years ago, I was a contributing editor in a long defunct computer magazine.

    At a meeting, we had read Jerry's latest rant. It was a particularly idiotic rant, which was saying something. As a rule, he generally gave good reviews to equipment that was given to him and the manufacturer sent a tech to his house to get it set up.

    Anyway, I asked the editor in chief (as I was a young pup), why do people read him, and why does the magazine employee him.

    He likened Jerry to the town drunk. Yea, you know he a stupid drunk, no you don't take him seriously, but he is a helluva a lot of fun to watch stumble around.

  26. Hatch's fault by Anonymous Coward · · Score: 0

    It's all Orrin Hatch's fault, that guy must have RIAA/MPAA agents camped out in his lobby 24/7. Perhaps Utah will wise up and replace the dude.

  27. Sign with me everyone by PhilippeT · · Score: 0

    It's the end of the world and you know it

    O no now im gonna get sued

    --
    A psychopath can't tell the difference between right and wrong. A sociopath knows the difference - he just doesn't care.
  28. How many laws by Anonymous Coward · · Score: 0

    are they making on these matters ?

    Its getting too much for many to keep track of.
    Are there any chance of these laws beeing implemented ?

    Its almost so frequent im thinking "hey let them implement this crap and let THEM find out in a few years this is worst for them (as long as it doesnt come here)"

    And by them i mean in the USA

  29. Morons, this is the law you wanted!!!! by Anonymous Coward · · Score: 0

    In essence, any business who makes a product that forces the users to infringe is now illegal. Business must create products that allow legal and fair use of IP. You guys got what you wanted. Bravo.

    It's a fine day when Atlas Shrugged finally comes to life.

  30. Fight back, why don't you by chatooya · · Score: 2, Informative

    Downhill Battle is the group that's best leading the fight to stop the RIAA and the major record labels. Check out the summer concert flyering campaign.

  31. Use 'anonymous filesharing' programs like by DRWHOISME · · Score: 1

    Don't use Kazaa.
    Use one of the below.

    ES5

    Filetopia

    Freenet(slow)

    http://www.ovmj.org/GNUnet/

    http://mute-net.sourceforge.net/

    1. Re:Use 'anonymous filesharing' programs like by Anonymous Coward · · Score: 0

      Thanks, thief. Your momma must be so proud!

  32. If it passes, write this letter... by k4_pacific · · Score: 5, Funny

    Dear Senator Hatch,

    In order to comply with the Inducing Infringement of Copyrights Act of 2004, I am turning in my now illegal devices which can be used to infringe copyrights to you so that they can be properly disposed of.

    Sincerely,

    [Your name]

    Now, round up a bunch of broken VCRs and old 486 PCs (think thrift stores), and send them, along with your letter to:

    Senator Orrin Hatch
    104 HART SENATE OFFICE BUILDING
    WASHINGTON DC 20510

    --
    Unknown host pong.
  33. 0.001% by artlu · · Score: 2, Interesting

    Does anyone know the cumulative total of all the RIAA lawsuits? These are just being instantiated in order to scare the general populus into thinking they get sued. Sure, go download music as much as you want but if you share it you get sued. It is definitely a one way street.

    What I don't understand is that I can have an archive of music on a network and someone can "break in" and steal that music from me and then I can get sued by the RIAA. Where is the logic in that!

    Aj

    GroupShares Inc. - A Free and Interactive Stock Market Community

    --
    -------
    artlu.net
  34. Re:Problem with Paying a Monthly Fee for file-shar by cpt+kangarooski · · Score: 2, Interesting

    Well, there's a fairly simple solution to that.

    Expand the issue to not being merely file sharing (which is an issue of reproduction and distribution) but expand it to the entire scope of copyright (so that this scheme would also apply to creating derivatives, and some public distributions and performances and such), and then instead of paying a monthly fee, don't pay at all. But rather than make this available altogether, which would merely be the abolishment of copyright, instead only permit natural persons to be shielded by this, provided they are acting noncommercially.

    Then things become pretty simple: ordinary people don't pay artists at all, unless either a) they want to (because they feel charitable, or can't find an alternative source for the works) or b) they're using it commercially. Businesses would of course have to pay regardless of whether or not they're using the work commercially.

    How that money is allocated would be just as it is now: up to the various parties involved to hash out.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  35. P2P bits by Anonymous Coward · · Score: 0

    I can't be the *only* one to read the headline and imagine something not dissimilar to the TCP/IP "evil" bit?

  36. Welcome to the Dark Ages. by BrookHarty · · Score: 2, Insightful

    That's a scary bill, I don't think it will pass, its too vague.

    But, I'm getting tired of hearing how some elected fuck nut bought and paid for by special interests are introducing a bill to fuck over Americans.

    Key word, ELECTED OFFICAL.

    How can I hope for the best for America, when they want to re-elected people like this over and over. When questioning our presidents actions is Un-American? When watching a movie like Fahrenheit 9/11 can make your blood boil, and still people don't do anything.

    Seems like the Dark Ages.

    1. Re:Welcome to the Dark Ages. by Kphrak · · Score: 2, Insightful

      When watching a movie like Fahrenheit 9/11 can make your blood boil, and still people don't do anything.

      Umm...offtopic, but I still feel constrained to reply: Fahrenheit 9/11 is a "mockumentary". It is not real life. It is a carefully collected montage of video clips designed to preach to the choir. The people who listen to Michael Moore and Al Franken and take them seriously are no different than the people who listen to Rush Limbaugh and Ann Coulter; they're listening to what they want to hear.

      There are a lot of good people to listen to on both sides of the fence, and you can usually find them because 1. They don't resort to childish insults and ad hominem attacks, and 2. They acknowledge the other side's viewpoint and might even agree with some points. Watching Fahrenheit 9/11 might get a chuckle out of some, but your blood isn't going to boil.

      And actually, the fact that we have people whose blood will boil over an extremely biased presentation of exactly what they want to hear is the reason why we get such crummy elected officials. People thinking, "Well, he's basically the same as Bush...but...he's not Bush! He says so all the time! I'll vote for him!" or "He's crazy and he spends most of his time fellating the record industry...but at least he's a Republican! I'll vote for him!" will hurt us even worse in the years to come than they are already doing now.

      --

      There's no sig like this sig anywhere near this sig, so this must be the sig.
    2. Re:Welcome to the Dark Ages. by I8TheWorm · · Score: 1

      When watching a movie like Fahrenheit 9/11

      You didn't download that movie did you? What was your IP address again? ;)

      Not to mention that Fahrenheit 9/11 was crap.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    3. Re:Welcome to the Dark Ages. by Anonymous Coward · · Score: 0

      the fact you mentioned a Michael moore movie will ge t you modded into oblivion, I'll still reply to you.

      the problem is that a very small amount of americans vote. most do not want to be bothered by it, others, specifically minorities, feel their vote is worthless as it will be either thrown out because they are a minority or they dont have a choice to really vote for. honestly, when was the last time we actually had someone competent and trustworthy to vote for? right now we need to choose between two men for president that both live in a dream world of the multi billionaire and are so disconnected from the bulk of americans that both of them are going to do the same crappy job.

      If you can find a way to educate voters and get them to actually VOTE you could make a difference. right now real leaders cant run for president or congress as they dont have the millions needed to run the campain. if you could get only 30% of the black population in america to vote you would upset the entire system as we have it now.

      but we are doomed. only the rich and well-to-do vote. and that is why our only choices to vote for are rich morons that get voted in by more rich morons.

      of course the rich vote for the rich guy.. he will protect their riches from the unwashed masses!

      BTW, michael moore movies are not 100% accurate, he even admit's it. they are designed to make you think and look from a different angle.

      bush did lie big time about 9/11 and everything up until now about terrorism. hell many real reporters are talking about it now and NPR even had a thing about it. in fact i'ts probably not even intentional lying... I'm thinking he's just so stupid that he did not know any better.

      I'd rather have a skirt chaser getting booty from every intern on the hill than a moron trying to look smart and make daddy proud in the office.

    4. Re:Welcome to the Dark Ages. by oroshana · · Score: 1

      Did you just use the New York Post in an attempt to discredit something? hm. wow. Like, seriously. I think you need to read a larger variety of news sources. Just my opinion.

    5. Re:Welcome to the Dark Ages. by I8TheWorm · · Score: 2, Informative

      Except that it was a re-published article, and the first link I found to it. Otherwise, I agree that the NYP is a rag.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    6. Re:Welcome to the Dark Ages. by Anonymous Coward · · Score: 0

      hes a politician, of course he lied.
      exactly like clinton lied about terrorism, and was just too damn stupid to see the threat.

      btw, bush is certifiably smarter than me and you btw.

    7. Re:Welcome to the Dark Ages. by oroshana · · Score: 1

      m'kay. nevermind then. but still, damn my need for (getting-the-last-word)edness! :X

    8. Re:Welcome to the Dark Ages. by cynic10508 · · Score: 1

      Umm...offtopic, but I still feel constrained to reply: Fahrenheit 9/11 is a "mockumentary". It is not real life. It is a carefully collected montage of video clips designed to preach to the choir. The people who listen to Michael Moore and Al Franken and take them seriously are no different than the people who listen to Rush Limbaugh and Ann Coulter; they're listening to what they want to hear.

      Exactly. I don't care if Moore is making a correct judgement or not. He's not taking the correct approach. Brow beating me with your opinion won't make me agree with you, only dislike you more.

    9. Re:Welcome to the Dark Ages. by I8TheWorm · · Score: 1

      That's ok... I don't want to get in your way of getting the last wo... oh wait.. crap... sorry!

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    10. Re:Welcome to the Dark Ages. by BrookHarty · · Score: 1

      Umm...offtopic, but I still feel constrained to reply: Fahrenheit 9/11 is a "mockumentary". It is not real life. It is a carefully collected montage of video clips designed to preach to the choir.

      Your post hits many things people just repeat, incorrectly as gospel.

      1. Fahrenheit 9/11 is fiction.
      2. Using ad hominem attacks.

      Fahrenheit 9/11 has valid points it builds to make the movie. So yes, they might be magnified, but they are magnified FACTS. There are people who will say they are only half facts or half truths, but the point remains, the actions and inactions in the movie are FACT.

      Also.

      It's not a ad hominem attack, when you discuss a persons actions, not who he is, and still think he is objectionable. Ad hominem is attacking the person BECAUSE you find him "Personally" objectionable.

      Ad hominem is the perfect straw man escape argument, you can never argue about a man you don't like. But then people who do stupid and foolish things can never be talked about without calling the conversation "ad hominem" what freaking Circle logic.

      You should be able to argue a persons actions you find personally objectionable, without people saying you are using "ad hominem" attacks.

      So, President Bush hired criminals, is backed by criminals, consults with criminals, runs companies with criminals and terrorist money, lies, and ruins our country. But I'm sure hes a nice fellow to drink a beer with...

  37. Funny timing by I8TheWorm · · Score: 5, Interesting
    I just got off the phone in a lengthy conversation with a friend who is a widely recorded songwriter. You can imagine the arguement between a programmer and a songwriter regarding the issue or piracy. He brought up some interesting points (and I like to think I did too)...

    • Songwriters feel the RIAA is going about it all wrong. The RIAA is funded by labels, so of course that's the drum they'll beat the strongest. The NSIA believes the RIAA's PR is attricious, and will (already does) hurt the performing industry. Nobody cares that record labels with a bad business model (read, spend too much money on production and marketing per cd) are either not making as much money or losing some. The NSIA (and others) have and continue to pressure the RIAA to change it's tactics.
    • Songwriters are in a different situation than programmers. I can charge whatever I like for my time or my programs. Songwriters are beholden to federal law (in the US) regarding what they can charge which is $0.085 per song per album cut, and $0.015 per song per radio play. Songwriters cannot charge a salary and forego any rights to what they write legally.
    • Songwriters love the idea of iTunes and other paid services. Part of reason is their pay per download is likely to go up from their pay per cut. The only downside is the copyright law has to be amended (again) to allow this, and until that happens, iTunes etc.. will have to put the artist money in escrow.
    • The media hasn't been any help in that corporations going after the little guy are front page news (ala the McDonald's coffee burn woman), while details that emerge later (also ala the McDonald's coffee burn woman) make small print in the back pages. The little girl that was sued by the RIAA got seven messages from them telling her to stop sharing files.


    • The RIAA is just another group funded by large corporations to pursue their interests, rather than the interests of individuals, and I could care less if they disappeared tomorrow. I know this, though: Sharing songs with no revenue going to the people that created them is financially harmful to the songwriters. Music isn't something that a person can't live without, and listening to radio is free.

      Here's something else I know. If labels like RCA didn't spend $250,000 recording a CD (that could be done for easily 1/10 that cost) they'd have less to cry about in the profit news.
    --
    Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    1. Re:Funny timing by happyfrogcow · · Score: 1

      Songwriters are in a different situation than programmers. I can charge whatever I like for my time or my programs. Songwriters are beholden to federal law (in the US) regarding what they can charge which is $0.085 per song per album cut, and $0.015 per song per radio play. Songwriters cannot charge a salary and forego any rights to what they write legally.

      You're kidding right? Please tell me your kidding. Kidding? At all? That $0.085 per song per album, explain that a little more, i don't understand the terminology. Say I write a song and Willie Nelson decides its cool so he records it. Does that mean I get $0.085? or do I get $0.085*number_of_albums_pressed? Would I get some other ammount as well, for example does Willie pay me $10,000 to buy the song rights?

      What does one do to become a "Songwriter"? Sounds like slave labor almost.

    2. Re:Funny timing by steve+buttgereit · · Score: 2, Informative

      "Songwriters are in a different situation than programmers. I can charge whatever I like for my time or my programs. Songwriters are beholden to federal law (in the US) regarding what they can charge which is $0.085 per song per album cut, and $0.015 per song per radio play. Songwriters cannot charge a salary and forego any rights to what they write legally."

      This sounds like manditory mechanical licensing (might have the exact terms wrong... I can't find my copy of 'This Business of Music' right now). This isn't the fee the songwriter gets paid for an original recording, but rather means two things: 1) that once you record a song and publish publicly, anyone can make another recording of the same song as long as it's substantially true to the original recording (whether the songwriter likes it or not), and 2) the people making the second recording (the licensee) must pay the statutory royalties as you describe them. The right to make the second recording and the payment for that second record is dictated by federal law, but not the original recording of the work. And it's payable to the copyright holder which may/may not be the songwriter.

      Songwriters can negotiate for whatever they want for the initial recording and radio play is mostly governed by the public performance license clearing houses (ASCAP/BMI/others).

      This is worth a double check, it's been about a decade since I was actively in the business, but I think I've got the facts right in principle if not in specifics.

      Cheers!
      SCB

    3. Re:Funny timing by Lumpy · · Score: 1

      Songwriters are beholden to federal law (in the US) regarding what they can charge which is $0.085 per song per album cut, and $0.015 per song per radio play.

      wow. I know quite a few artists then are breaking federal law.

      they make their own CD's and have their songs downloaded for a fee.

      they charge around $9.00 for a CD with 10-15 songs and $0.50 per track to download.

      that is WAY higher than what you said. and for some reason I can not find any laws on the books(or at least not online) that states that a songwriter cant charge what they want for a song.

      can you have your friend specify a specific law so I can look it up?

      --
      Do not look at laser with remaining good eye.
    4. Re:Funny timing by steve+buttgereit · · Score: 1

      I just remembered the jargon I was looking for: compulsory mechanical licensing.

    5. Re:Funny timing by I8TheWorm · · Score: 1

      Maybe I should have typed a few more words, but you're almost right. It's $0.085 per song per CD sold actually. Lots of CD's are pressed, go to BestBuy, and are returned in a few months because they didn't sell. The songwriter gets nothing off of those.

      Willie pay me $10,000 to buy the song rightsLegally that cannot happen, as they are prohibited by US law to do so. I'll spend some time sorting through the copyright law and find a link to that specific notion, but I don't have it right now.

      I read recently that the average songwriter makes $4,700(US) per year. A good number of those are part time writers, but there is an entire industry of good writers, most of whom are either not good performers, or are not interested in performing. The typical writer works for a publishing company, and gets a $1000-2000(US) retainer (deducted from their royalties) to write songs professionally. BMI or ASCAP tracks the CD sales and radio play, and makes sure the artists get their fair share. The publishing company is paid by the label or artist that uses their writers' songs.

      On the $$ point, I once saw a check my friend got for $60,000. That was for a song that was on both a George Strait CD and a Barbara Streisand CD at the same time, and was for 6 months of royalties. I saw another that was under $1000, also for a six month period. Like any performance gig, your income tends to be like a roller coaster ride.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    6. Re:Funny timing by I8TheWorm · · Score: 1

      Totally different arguement. Mine was only for the songwriters... not the artists, and not to cover the production costs associated with recording and distributing music. Labels and independant artists can charge whatever they want for a CD, but the songwriters still get the same amount.

      I'm actually sorting through the copyright law (he was in the car when I talked to him) right now, and will repost with a link to the specific law in question.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    7. Re:Funny timing by nine-times · · Score: 1
      'If labels like RCA didn't spend $250,000 recording a CD...'

      oh, they probably don't. They just report they do, so they can recoup that amount from the sales, screwing over the singers that-much-more. Even if they technically spend that much, they probably have a lot of waste built in that finds its way back into the label's, or, more to point, the label's executive's pockets.

    8. Re:Funny timing by I8TheWorm · · Score: 4, Informative

      I imagine some cost less, some cost more, but that $250,000 was from real experience.

      I played with a band that now has 5 CD out independantly. Earlier in their career, they signed a contract with RCA to put their first CD out. They had their own tunes, but RCA demanded they use some "canned hits" as well, and they were wrestled down to only 4 originals on the CD. During recording, the label began catering sessions from restaurants like Sunset Grill (a non-cheap restaurant in Nashville) and the like. Once this band finally realized the catering wasn't free to them, they had it stopped. Then the cost of studio musicians came into play. Added to that, the producer had to find (at the label/band's expense) some obscure rare microphone for just one song, which halted production. Of course, hotels aren't free for the couple of days that you're not working in the studio. When I was a session bassist in Nashville, I was $50 per song, which is scale to the AFM. However, Michael Rhodes, Mike Brignardello, Glen Worf etc... are more like $300 per song. There are other useless extravagent expenses the label throws in, and there's wasted time spent by the label's hand picked producer, all adding to the cost of production. For this particular band, it came out to $250,000.

      The saddest part is after wasting all that money, the label shelved the completed project, not wanting to spend the money on marketing. In reality, they could've had the same quality with $50,000 in the studio, and had $200,000 left over for marketing... or a novel idea, spent less on marketing and having done so, spent less on the project as a whole. But the labels like their model of wasting money on 95% of the artists while 5% of them make the $$ to fund the rest. Anything different would be admitting that the labels have no clue what listeners want, and the Billy Gillman's of the world would never happen.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    9. Re:Funny timing by nine-times · · Score: 1

      Well, I was kind of kidding, or exaggeration at least. Still, it seems to me, it's hard to see where all the money's going. When you pay for studio time, who owns the studio? Someone connected with the label, professionally or personally? Who paid the producer's time while he hunted around for this microphone? How much of that $250,000 was salary for people working for the studio or label?

      My general point is, your label may accrue all sorts of "extravagent expenses" with no thought as to where the money goes, or someone may be getting periferal benefits (or kick-backs) based on where the money is spent. Maybe someone in the label is friends with a partial owner is the Sunset Grill, but I don't know, maybe not. Either way, it isn't the label, or anyone working for them, who's losing money from theses "extravagent expenses". They usually recoup the losses, contractually, from the profits before the artists see any money.

      Even if the money is spent on wowing the artists, and making them believe that it's better to work with a big label (like the expensive lunches), it's still money spent to the benefit of the label which gets charged back to the artist/band.

      In truth, these days, for the $250,000, you probably could have built a recording studio and produced a couple CD's, and had a recording studio to show for it. If you're successful, it all gets charged back to the band anyhow. Sure, it brings up the question of "where are we going to get that kind of money up-front?", but I've heard CD's produced in a sound-proofed basement using a home PC and burned on a CD-burner that I couldn't tell from a big-label CD. Granted, I'm not an audiophile, but it still makes me wonder if the usefulness of labels is shrinking, and their days are numbered.

    10. Re:Funny timing by Anonymous Coward · · Score: 0

      "In truth, these days, for the $250,000, you probably could have built a recording studio and produced a couple CD's, and had a recording studio to show for it."

      In truth you could build a studio, record 2 CDs and market it for less than 20K. Independednt production and distribution is always more profitable than signing to a major lable.

    11. Re:Funny timing by Reziac · · Score: 1

      "During recording, the label began catering sessions from restaurants like Sunset Grill (a non-cheap restaurant in Nashville) and the like. Once this band finally realized the catering wasn't free to them, they had it stopped."

      One has to wonder if there are kickbacks involved. Likewise, with the more-expensive studio musicians -- or more likely, kickbacks to whoever is the middleman controlling access to said musicians.

      I just can't see what motivation there would be to run up such needless bills unless there are hands in the till along the way.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    12. Re:Funny timing by I8TheWorm · · Score: 1

      Someone else brought that up and it made me think. One thought was, of course, the possibility of kickbacks. Considering the whole payolla scam with labels, there's got to be some truth to that. Another thought was the notion of feeling like they have to impress someone. "Our label is better to sign with because we have all of these perks" when essentially, other than ties to producers, all major labels are the same. The only edge they have over smaller ones is their distribution network.

      With all that being said, who knows. But it's a common practice. The punch line is nothing from the label is free. The artist owes it all back in their royalties until it's paid off.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    13. Re:Funny timing by I8TheWorm · · Score: 1

      Certainly. As a matter of fact, to avoid paying $65/hr for studio time and $65/hr for an engineer, I'm building an all digital studio here at the house on a pc. Other than instruments which I already own, my largest equipment expense is the Lynx2 sound cards.... 3 of them at $800 a piece. Right now it's in the gameroom, but I'm having a contractor build above our 2.5 car garage at a cost of $7000. I figure another $5000 in materials (windows, hardwoods, walls for isolation booths). I'll have this studio done in under $15,000 I think.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    14. Re:Funny timing by Reziac · · Score: 1

      ISTM that if it were to impress the artist with how many perks the label offers, the time to wine and dine 'em is BEFORE the contract is signed. After they're indentur^H^H^H^H^H signed, there's no reason to care if the artist gets fed prime rib or bread and water, so long as they produce according to their end of the contract.

      If cries of "they treated me like shit after the dotted line was signed" had any power to discourage other starry-eyed youngsters from a like fate, there'd long since be no one signing recording contracts at all. Most of those kids are still at the "it couldn't happen to me" stage of life anyway.

      One suspects an audit would turn up all manner of "cash budget" items that no one really knows where went.

      (Speaking from 5 yrs experience doing bits and extras... the low-end stuff is all cash budget and not accountable, so a great deal of it winds up in producers' pockets. Universal Studios was so bad for skimming the extras budget, that I got so I'd not knowingly work a Universal shoot, cuz you could count on getting shorted one way or another.)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    15. Re:Funny timing by steve+buttgereit · · Score: 2, Interesting

      Actually, the labels want to keep you in the haze of "I've made it" long after the dotted line is signed.

      Ultimately, as long as the perks keep flowing (and yes the band pays, but usually doesn't notice), the band will produce good work, not question the deal as time goes by because they're living the high life, and they keep the carefree/rebel image that is demanded by popular music.

      Once the sales have stopped (and the royalties), so do the advances and everything else. But until they decide not to release or the sales stop, they want to foster the rockstar lifestyle in their acts: it's in the label's benefit.

      Even large once established acts are like this. I know a guy that was a guitarist for a big name, 80s band (one album went platinum more than several times over). After a time in the spotlight and enjoying the rock'n'roll way, let's just say I've got a nicely surfaced kitchen table right now because the guy's got to make a living one way or another. The royalties? Mechanical Syncronization rights and publishing? HA! That's all for the label.

      This is why I got out of music as a profession. There were better ways to make money and I can write the music I want and not be beholden to anyone.

      Cheers!
      SCB

    16. Re:Funny timing by Reziac · · Score: 1

      Yeah, essentially it's just marketing -- make the band look desirable to the fans (oooh, shiny!!) If that means putting 'em in debt up to their eyebrows, too bad.

      We'd probably get more really good music, with more real musicians making a living at it (having truly earned their place in consumer demand), if the concept of stardom went away entirely.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    17. Re:Funny timing by I8TheWorm · · Score: 1

      So many artists that I've either worked with or just know are going/gone independant for that reason. I was never a known name myself other than in the studios on 16th, so I never had to deal with any of that myself. But I get more work now that I've left Nashville because I'm "indy friendly."

      But yeah, I can write on my own terms, record on my own terms, and the fun has come back into recording/peforming, not beholden to anyone.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    18. Re:Funny timing by Anonymous Coward · · Score: 0

      Ok then, a local songwriter is trying to charge a indie filmmaker over $20,000.00 for the song he wrote for use in a film. this also is pretty darn high and would be in violation of that also.

      I am really interested in seeing that law and seeing if it is specifically written for the benefit of the RIAA or recording companies. it would be a good law to bring to light to also prove that the recording companies are robbing songwriters blind.

  38. lawsuits by firstadopter.com · · Score: 1

    the lawsuits are such a joke, they don't impede anyone. and they just make 12 yr olds suffer.

    1. Re:lawsuits by I8TheWorm · · Score: 1

      Actually, those lawsuits fund more lawsuits, which in turn fund PAC money, which get laws changed in the favor or the RIAA and major labels. Then come more lawsuits....

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
  39. Re:List of those to sue so fars: what about Sony? by Anonymous Coward · · Score: 1, Informative

    These days, Sony (re)introduces the MiniDisc. The MiniDisc can play "illegal" MP3-files, just like the iPod (although MP3-files must be converted to Sony's ATRAC format). If the iPod might be "illegal" according to the proposed law, then the MiniDisc must be illegal as well. Sony has known for years that the MiniDisc could store and play "pirated" music, that's why they made it impossible to use them as MP3-players. And that's why RIAA, Sony Music and other record companies tried to fight the original MP3-players such as the Rio. Sony should know about "illegal copying", after all they introduced the Betamax - a device that some people thought would ruin the movie industry.

  40. Suing Makers of MP3 Players by CHaN_316 · · Score: 4, Informative

    EFF has shown how broad the Act is by writing a mock lawsuit [PDF] suing Apple (for making the iPod)

    Ummm...that's not too far from reality. The RIAA tried to sue Rio for making MP3 players in the late 90's. I refer you to this wired article.

    --
    "There is no spoon." - The Matrix
  41. Media complicity in legislative corruption. by bgeer · · Score: 4, Insightful
    I was reading this and I got to thinking...

    "Senator Orrin Hatch today introduced a bill that supporters say would prevent software companies from profiting from Internet piracy. But opponents say it would outlaw legitimate technology, possibly even VCRs. Orinn Hatch's campaign received contributions from the bill's industry supporters in his last election."

    Sounded like a Headline News blurb until the last sentence huh? Just imagine if news outlets were required to report on Politicians' conflicts of interest when they were mentioned in connection with legislation that would benefit their backers. Just imagine how much effect that little disclaimer would have on the mind of people listening to the story. We could do a better job of controlling campaign influence than McCain-Feingold does without limiting free speech at all. Whores like Hatch and Boxer would be exposed on a regular basis. IANAL though, so what do you guys think?

    1. Re:Media complicity in legislative corruption. by Sgt+York · · Score: 4, Insightful
      That's actually an interesting point. In science, you have to go through lengthy disclosures about any potential conflict of interest. If they exsist, they must be disclosed in any publication or presentation you make. It doesn't restrict what you can submit for publication, but putting it out there that AstraZeneca funded your research puts a big grain of salt into your claim that Nexium is clearly superior to Zantac.

      This kind of thing is not limited to any small number of Congressmen; it's ubiquitous. They all need to have their laundry aired on a regular basis.

      --

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

  42. Don't forget... by Anonymous Coward · · Score: 0

    ... Al Gore. :-)

  43. A concerned Internet User by Psymunn · · Score: 2, Interesting

    Man, there's this great ad campaign in Vancouver, BC where a kid gets caught stealing a candy bar and just tells his dad 'but you steal satellite singals.' It's brought to you by the concerned statelite people of north america or something.
    Man, i love those 'Concerened X's of Y.' Who are these people. Are they a a group of house wives (or husbands) who get together and say 'our society is falling to pieces, we must raise money to publish adds that will make satelite-single-stealers/internet-pirates/movie-bo otleggers feel bad about themselves?!? I just wish the cable companies or record companies would flat out admit it's them who are frowning apon what you are doing
    At the end of teh day, I'm goign to give up UT because 'killing people online is still killing.'
    And remember children: 'When you download MP3s, you Download Communism!!!'

    --
    The Neo-Bohemian Techno-Socialist
    1. Re:A concerned Internet User by Anonymous Coward · · Score: 0

      There's another one they show in movie theatres. Some kind of maintenance says he loves his job, but he can't get good pay because people download movies. (No, budy -- they're just not paying you enough and coming up with lame excuses why). First time we saw this the theatre broke out in laughter, seriously.

  44. Re:Problem with Paying a Monthly Fee for file-shar by Roskolnikov · · Score: 1

    Funny thing, I already pay a monthly fee for file sharing, talk to my ISP.

    --
    Unix, an obscure operating system developed by bored researchers in an attempt to get a better game playing experience.
  45. What does it take to file a lawsuit? by Fizzlewhiff · · Score: 1

    Can I file a lawsuit on someone's behalf? For example, if I am on a bus and someone is humming or whistling a tune, can I sue that person on behalf of the RIAA for violating copyright by doing an illegal public performance of a copywrighted work? It seems to me that the more lawsuits and more attention the RIAA gets will undermine all their attempts to where a politician would rather be supported by Hammas than the RIAA.

    --

    'Same speed C but faster'
    1. Re:What does it take to file a lawsuit? by CrimsonAvenger · · Score: 1

      No, you cannot. You must be an interested party to sue (in other words, you must be harmed by the action).

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    2. Re:What does it take to file a lawsuit? by Anonymous Coward · · Score: 0

      Unless you hold the copyright you're not allowed to sue for copyright infringement, unless you have the copyright holder's permission to do so, such as the RIAA with all of their lawsuits.

  46. List of Outlawed Technologies by Apocalypse111 · · Score: 4, Funny

    Assuming that this passes, here is a partial list of technologies that will shortly be outlawed, as they could be used to violate IP laws...

    Portable MP3 Players (iPod, Rio, etc)
    Tape Decks
    Record Players
    DVD Players
    Camcorders
    VCR's
    Computers
    Cell Phones
    Voice Mail
    Cameras
    Typewriters
    Pencils
    Pens
    Paint Brushes
    Chalk

    This list subject to change at will without notice.

    --
    There is no mod option "-1: Disagree" for a reason. "Overrated" is not an acceptable substitute. Post something instead.
    1. Re:List of Outlawed Technologies by compro01 · · Score: 1

      going by this, from what i have read so far. under this law, your brain would be illegal. think about it. you read/watch/listen to a copyrighted book/movie/song and you then copy that illeagally(under this law) to your memory. and thus under that you can share that memory with others though talking and whatnot. i know this is likely pushing it, but this points out that the law is WAY to broad. damn am i glad i live in Cananda. at least until the US stupidity infects out goverment.

      --
      upon the advice of my lawyer, i have no sig at this time
  47. Which Constituants? by Anonymous Coward · · Score: 1, Funny

    Exactly which of his constituants is Senator Hatch representing by introducing this bill? The Osmunds?

  48. INDUCE Act wording includes two tests... by Kurt+Gray · · Score: 4, Insightful

    The way I read the text of the INDUCE Act that offending "activity" would have to clearly be intended for infringement and "...including whether the activity relies on infringement for its commercial viability" so this is not describing any software or device that facilitates piracy but rather software or devices that clearly have a purpose of nothing other than piracy *and* the creators of said tool are using it as a revenue source. So I'm not sure how this would apply to cases where a kid writes a crack tool and releases it for free... since there's no revenue, no commercial viability, does this not apply?

    1. Re:INDUCE Act wording includes two tests... by ClickTheVote · · Score: 2, Informative
      1) Judge Patel found and the 9th Circuit affirmed in the Napster case that barter is commercial activity. Making 'unauthorized' copies is commercial activity.

      2) INDUCE trumps the Supreme Court's "Betamax" ruling that a device be "merely capable" of substantial non-infringing uses to be legal. If INDUCE becomes law any device, service or person that induces a person to infringe copy-rights is infringing (and therefore most likely a felon). Once they shut down Limewire and Morpheus as companies, they will go after everyone running those apps and the coders who build anything that touches copy-righted works.

      INDUCE is on the fast track to passing and becoming law. You can help defeat this overly broad and ill conceived piece of legislation by faxing your reps in Congress now. Click The Vote has free tools to help you do this.

  49. Sure, blame Canada Again.... by axis-techno-geek · · Score: 3, Interesting
    Just because home copying is legal in Canada, ie. you borrow my disc and make a copy that is legal under the Canadian Copyright Act. Making a copy and giving it to somebody is illegal.

    We are all presumed guilty anyway, as we are charged a tax on blank CD's for money to go to the "poor starving" artists. SOCAN has collected the money, but last I had heard none (or very little) had ever made it to the artists as it was mainly used to pay for the administration of collecting the fee.

    --
    This is not the sig line you are looking for... -- Old Jedi Sig Line Trick
    1. Re:Sure, blame Canada Again.... by dave_mcmillen · · Score: 1

      We [Canadians] are all presumed guilty anyway, as we are charged a tax on blank CD's for money to go to the "poor starving" artists.

      Something I've never understood is how this can possibly be true. You're right, there's supposed to be a levy of 21 cents per CD-R -- but I can easily buy 100 CD-Rs for C$29.99 at any computer discount store. Do CD-Rs really cost so little that they can be sold for 30 cents each, 21 cents of which is collected by the government? Seems implausible. Or is this levy not yet being seriously collected, in fact?

      But I agree that it's an insane procedure, effectively putting the government in charge of collecting money for businesses that *might* be hurt by *potential* copying. Foolishness. I've had a word with Sheila Copps (Heritage Minister, under whose jurisdiction the Copyright Board apparently falls) about this, yet the practice continues. I told her it was a bad idea, but apparently she remains unconvinced.

  50. Wrong example lawsuit by Todd+Knarr · · Score: 1

    The EFF picked the wrong subject for their pseudo-lawsuit to illustrate the idiocy of the law. A better choice would have been a lawsuit against Sony (Beta) and JVC and Panasonic (VHS) over their introduction of the VCR. Joe Sixpack probably doesn't know the iPod from Adam's off ox, but he knows what he records the football game on and how inconvenient it'd be if he couldn't.

    1. Re:Wrong example lawsuit by normal_guy · · Score: 1

      Joe Sixpack also doesn't read EFF pseudo-lawsuits, so no harm done.

      --

      Linux: Free if your time is worthless.
    2. Re:Wrong example lawsuit by Ashyukun · · Score: 1

      Given the number of commercials I've seen on prime-time television (which Joe Sixpack or his wife most likely watches) for the iPod since it's introduction, he's pretty likely to at least know what an iPod is. Though you do have a point- if you wanted to demonstrate to the public as a whole how this is a phenominally bad idea, having the lawsuit against VCR makers would have more impact. However- the EFF tends to target a more 'intellectual' audience (or that at least believes itself to be.. i.e., /. ) so the iPod makes perfect sense...

  51. economics at work... by quantaspeed · · Score: 1

    the market is saying that the prices are too high (among other things)... perhaps the record companies should lower their prices and maybe people will be willing to ante up the pennies or so per song...

  52. Too funny, too true by roystgnr · · Score: 1

    Take any Kazaa search query, add the phrase "parent directory" and "index of", and type it into Google. Now, who do you sue? Google, for not teaching their webcrawlers that there are good pages to index and evil pages to index? Microsoft and the Apache Software Foundation, for writing filesharing software that can commit copyright infringement?

    In practice the answer will be "You sue whomever you can bully into an out-of-court settlement", but I'd like to know what this bill's sponsors think the answer should be.

  53. Let them pass the law by Dasaan · · Score: 1

    Think about it, Joe Schmoe doesn't give a fuck about their freedom because it isn't in their face enough. Let this go through as a law and watch the shit fly as they try taking all those Joes' video recorders away.

    Wanna have more fun? Then make sure you send a nice peaceful mob around to every polititon and **AA member's home and confiscate their illegal recording devices too.

    --
    XP is basicly 98 with a lot more extra features to hunt down and disable. --Dram
  54. MOD PARENT UP by Anonymous Coward · · Score: 0


    You know its true!

  55. Canadian CD's by spectasaurus · · Score: 2, Informative

    It's not surprising that Canadians are not flocking to pay sites for music. At $.99 USD for each song, an entire CD will often cost more than $20 CAD. Most CD's in Canada are already priced at $12-$16 CAD. Why would we want more expensive, inferior quality music in the form of MP3 or other?

  56. 14 years by krysith · · Score: 1

    Prohibition lasted 14 years.

    The DMCA was 4 years ago.

    Does this mean we only have another ~10 years before the backlash gets us out of "regulation hell"? Or should we count from some other regulation, perhaps the IICA Hatch is proposing? /raises his glass of free as in beer to the next 14 years of Prohibition

    I wonder who will be our generation's Al Capone?

  57. Just the same old refrain by Mr.+Neutron · · Score: 1
    We need to protect our precious property!
    (But it's already illegal to copy and distribute)
    But we need to protect our precious property!
    (But you're asking to put regulations in effect that stifle innovation)
    But we need to protect our precious property!
    (But you're disabling all manner of legitmate and fair use)
    But we need to protect our precious property!
    (But what you propose causes immeasurable collateral damage that has nothing to do with your industry)
    But we need to protect our precious property!
    (But these laws will criminalize millions of hobbyists who respect and obey copyright law)
    But we need to protect our precious property!
    (But the measures you propose will do nothing to stop the large-scale bootlegging that is your actual problem)
    But we need to protect our precious property!

    ...and so forth. There is no new content here, and that is going to be the arguement from the studios and publishers from now until the end of time.

    --
    dinner: it's what's for beer
  58. Orinn Hatch would be 2nd Victim of his law. by GuyverDH · · Score: 1

    By introducing this bill, doesn't he "induce" us into breaking the law, by using devices that we already own that are capable of doing what he wishes to prevent with this law?

    Wouldn't that make him the prime Inducer?

    Or would the fact that the devices and software already exist, be somehow grandfathered in as being non-inducive as they were legal when they were made, sold, bought?

    Wouldn't enforcing a bill recently passed into law be illegal if used to criminally prosecute those who used said items prior to the laws introductions as well?

    I have questions. Who has answers?

    --
    Who is general failure, and why is he reading my hard drive?
  59. Canadian Culture Minister by CHaN_316 · · Score: 2, Informative

    The Canadian Culture Minister you're talking about is Hélène Chalifour Scherrer, and she has a bill to make downloading music not legal again. However, we are days away from the Canadian election, and the riding she's in (Louis-Hébert, Quebec) is a tight race according to this site. Make sure you check this site again after the election (June 28th) to see her fate. And for our Canadian slashdot readers, please get out and vote!

    --
    "There is no spoon." - The Matrix
  60. betamx can be misused by Anonymous Coward · · Score: 0

    newsflash, guns can be misused, yet I don't think we'll be making those illegal

  61. P2P is not a big deal by t_allardyce · · Score: 2, Informative

    The bottom line is: I don't think its that much of an issues that the music labels might loose a business model entirely. Jobs have been lost for less and just because a small group of over-paid people happens to be on the line it certainly doesnt mean we should loose rights. Factories close all the time and 1000's loose thier jobs just like that, and all it gets is a 10 minute news item. No-one ever suggests we should have continued the manual production line instead of using robots. There are far fewer people who stand to loose much over loss of CD sales and most of them make enough in a year to retire for ever. The industry is saturated with bad music and acts that all sound the same and frankly it wouldnt be such a disaster if it collapsed. I don't believe for a minute that suddenly no-one would produce music, small-time groups probably wouldnt even tell the difference, neither would those with serious fan-bases, music concerts would still be popular, but you probably wouldnt be able to make millions off crappy boy-bands that churn out the same headache inducing crap every month and the side-effect would be many people not bothering to start their own group because "theres not enough money in it" oh what a loss!

    For years CDs have been sold on the economic principle of supply and demand - people have been prepared to pay nearly as much as a concert ticket to buy a CD (say 1/2 - 1/3) because in their head they figure "i can listen to the CD 100's of times so it must be worth it. Meanwhile the labels and to some extent the artists have thought "well i can sing this song once and sell it 1000's of times!" Now the consumers have started to figure that they can get music for free, this is also how supply and demand works, no its not the same as shop-lifting or raiding the warehouse! so get over it. Governments have no right to screw with our rights over this.

    --
    This comment does not represent the views or opinions of the user.
    1. Re:P2P is not a big deal by I8TheWorm · · Score: 1

      most of them make enough in a year to retire for ever

      Nothing could be further from the truth. For every Christina Aguilera out there, there are hundreds of artists making quite a bit less.

      Governments have no right to screw with our rights over this

      What rights? The right to have a copy of someone elses work without paying for it? You can listen to the radio for free, you can sing the tune while doing your laundry for free, but if you want the full production with instruments and a professional recording that costs money to produce, then you should pay something for it. Unless, of course, you can convince the $100,000+ recording studios and studio musicians they shouldnt' charge a dime for their part in it.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    2. Re:P2P is not a big deal by t_allardyce · · Score: 1

      Ok not most but allot of people make shit loads. The smaller bands out there mostly work concerts which is really what its all about.

      The rights they are screwing with involve banning P2P totally and/or enforcing mandatory copyprotection in everything. No-one is talking about banning guns or making it illigal to open your cars hood or own a screwdriver but this is whats happening in the computer world and its not happening because of ethics its happening because they have more money and the government listens to the rich.

      --
      This comment does not represent the views or opinions of the user.
    3. Re:P2P is not a big deal by I8TheWorm · · Score: 1

      Ok not most but allot of people make shit loads.

      Still far from the truth. And you seem to be stuck on the idea that performers are the only people in the industry, so that's who is losing revenue. I have to assume at this point that you have no experience in the music industry. I, however, have quite a long history with the industry. The major money makers in music are in the minority. Even Darryl Dodd (country music) has an apartment and a roommate. You would be surprise at what the annual income of people like George Jones, Patti Loveless, and Sara Evans actually is. Some are lucky enough to get paid endorsements (ala Pepsi and Brittney Spears), but again, most aren't.

      I agree with your comment regarding copyprotection on everything. However, on some parts of your car it is illegal to take them apart (the computer for instance). The problem is the gubment has no idea how to deal with technology. Napster was easy for them to shut down because it had a central server. It wasn't long before P2P became popular. So they sent out notices to file sharers. That stopped almost nobody, so they resorted to lawsuits. Verizon put a halt to that, so they work on changing the laws. All of that is knee-jerk reaction, and a reaction that nobody in the music industry likes outside of the major labels.



      p.s. you were kidding with this comment No-one is talking about banning guns right? You've never heard of Goodbyeguns.org, or HCI, or Americans for Gun Safety, or....

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    4. Re:P2P is not a big deal by t_allardyce · · Score: 1

      Guns would never actually be banned though (if they are you can mail me a hat and ill eat it) un-locked computers on the other hand, that just might work. I think i worded it badly: If you created a comparison graph of who stood to loose the most sales Britney and her peers and their record execs would be at the top and these are the people who are behind the laws and these are the people with lear-jets and coke habits. People are free to make money, but they certainly arnt free to use that money to influence the government and this is whats happening, thats why no-one cares when low-wage workers face the loss of their way of life but suddenly people take notice when its the high-end of the scale. At the end of the day, everyone wants a fair deal and the public arn't getting it.

      --
      This comment does not represent the views or opinions of the user.
  62. Sacrifice of firstborn by orzetto · · Score: 1

    Kudos to the poster for having finally posted a direct link to a NYT article.

    --
    Victims of 9/11: <3000. Traffic in the US: >30,000/y
  63. MOD PARENT UP. by Mr.+Neutron · · Score: 1

    THANK YOU! Someone understands what I am getting at.

    The only way to stop digital copying and sharing is to OUTLAW COMPUTERS. Because digital copying and sharing is what computers do. An appropriate analogy would be trying to outlaw language because it could be used to slander someone. Well, you know, if people want to say bad things about you behind your back, they are going to do so, as long as people are allowed to talk. It doesn't make slander morally right, but the possibility of it is going to exist and have to be lived with, because we have language, and the expression of ideas (slanderous or no) is WHAT LANGUAGE IS FOR.

    --
    dinner: it's what's for beer
  64. Re:Problem with Paying a Monthly Fee for file-shar by sowth · · Score: 1

    Worse still, if monthly access fees are required, why should users pay for files the creators chose to distribute freely--such as with a Creative Commons or open source license.

    If everyone has to pay a fee, then speech is hardly free.

  65. DRM and copyright by spreer · · Score: 2, Insightful

    I think that it is clear from this piece that Pournelle has conflated two different arguments in his head. One is the one that Doctorow has made against DRM, saying it is at its core unworkable and bad for all those involved. The other is the one made so often by P2P users that they should not have to pay for copyright works.

    Somewhere Pournelle seems to have jumped to the conclusion that giving up on DRM means giving up on copyright altogether. That is not the case.

    -snip-
    So what we are really saying here is not do individual authors and composers have a moral right to dictate how their creations shall be distributed, but do they have rights in the legal sense that will be enforced by laws and both civil and criminal courts?

    Doctorow and his group say "not really." He also chooses his examples carefully, most of them out at the extremes; but everyone knows that hard cases make bad law, and while the law has to deal with extreme cases, it isn't normally written with only those cases in mind.
    -snip-

    Imagine, for example, that Apple talked the RIAA into allowing them to remove DRM from songs sold via the iTunes Music Store. What kind of effect would this have on music piracy? Not much, I would argue. All of those songs are already available as mp3s on the P2P networks. The cat is already out of the bag. Adding more (legit) copies of those mp3s will not contribute substantially, partially because people who use the legit services are less likely to use P2P networks.

    There is a point that Steve Jobs made when he announced the iTunes music store. The core of it is this: if you make a legal option that is superior to the free options (easier to use, more convenient) most people will chose it. Current technology has made infringement much easier, and you will never be able to stamp it out entirely. What you can do is provide options that more people will want to use.

    Well, what if I built an illegal free iTMS? I don't think there is a way to do this. Anything centralized can be busted, and anything distributed will most likely be less reliable.

    It is still be the job of law enforcement to try to keep large-scale infringment from happening. Technology makes infringement that much easier, but DRM does not really make it much harder. This doesn't mean we should throw up our hands and give on copyright. But it doesn't mean DRM is the right answer either.

    1. Re:DRM and copyright by sphealey · · Score: 1

      > Somewhere Pournelle seems to have jumped to the
      > conclusion that giving up on DRM means giving up
      > on copyright altogether. That is not the case.

      Note that I don't necessarily disagree with you. However, Pournelle also gives examples of his works being pirated in Asia and then resold in the US via major retail outlets, and the legal difficulties that created for him even in such an outright case of theft.

      Also, you have to follow the various threads of his arguments in both the View and Letters sections to get a complete picture of his position. Pournelle often says things that appear to be inflammatory or silly when taken out of context, but which make a lot of sense when seen as part of a full argument.

      sPh

    2. Re:DRM and copyright by Trinition · · Score: 1

      Pournelle also gives examples of his works being pirated in Asia and then resold in the US via major retail outlets

      I see how watermarking might help this, but all-out DRM I don't think would. Obviously, those people have no fear of copyright law in the U.S. so they would just physically copy the CD thousands of time, DRM included!

      What you ahveto do hear is press China to stop them internally and press retail outlets to make a reasonable effort to ensure the legitimacy of their inventory acquisitions.

      That can all be done with current laws and DRM won't help. Watermarking might help law enforcement track down the source, but I consider watermarking to be very tame and not part of the unbrella of "truly evil DRM".

    3. Re:DRM and copyright by danila · · Score: 1

      Well, DRM-pushers (according to Pournelle too) keep talking about "good enough" protection. But good enough protection doesn't work against commercial piracy. So we are confusing two entirely different issues. To fight commercial for-profit piracy you need better international LE cooperation, more transparency in business, more straighforward legal system in regards to copyright, police that is not wasting their time on file-sharers. DRM doesn't help, because you need to break it once and then the work it can be distributed. You can't close the analogue hole anyway (that can give close to perfect quality given right equipment) and there will be many ways to do a quality digital transfer too. It's not entirely clear what purpose does DRM serve.

      Current mood: defiant
      Current music: pirated Posthumus MP3 (Antissa)

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
    4. Re:DRM and copyright by sphealey · · Score: 1
  66. Washington Scuttlebutt by Anonymous Coward · · Score: 0

    Two quick things about this bill:
    1. This has a GREAT chance of passing as Hatch is getting bipartisan support from Minority Chair of the committee Sen. Leahy as well as Majority Leader Frist (Senate Head) and Minority Leader Daschle. This puppy is on the fast track.
    2. Rumor has it that Microsoft wrote it and that Apple quietly supports it - despite the iPod stuff. Why? Money to be made from DRM.

  67. a little late by stuntedpunk · · Score: 0, Troll

    nice that I submitted a story about this legislation wednesday. not newsworthy apparently...

  68. Leahy and Frist's comments about the bill by pridkett · · Score: 4, Informative

    Please note, this isn't just a one sided issue. This bill also has it's cosponors Bill Frist (Senate Majority Leader) and Tom Daschle (Senate Minority Leader). We have to call our Senators NOW to stop this.

    Also of interest, might be the comments made by Senator Leahy (D-VT) and Senator Frist (R-TN). I've got the entire senate discussion of the bill available on my web page. You should read it and the EFF's rebuttal before calling your senator.

    Take action now and we can kill this before it ruins innovation.

    --
    My Slashdot account is old enough to drink...
  69. [slightly OT] not raising hogs by BACbKA · · Score: 1

    this reminds me of an old one from the RHF http://www.netfunny.com/rhf/jokes/90q3/hogs.html

    --

    VKh

  70. "counsel" not in the bill by imadork · · Score: 1

    I think it's funny that they took out the "counsel" part of the original bill. It means that Mr. Hatch is actually listening to criticism, but perhaps only from lawyers.

  71. Where are they coming up with the numbers? by Metex · · Score: 1

    One article states 23 mil another 40 to 60 mil so my question is where are they coming up with the number s of who is downloading in america.

    --
    Never could figure out why my girl liked my bitch tits, then I found out she was a lesbian.
  72. stop worrying by harkabeeparolyn · · Score: 1

    They will never be able to stop P2P. Look at the drug trade. Look at the forces arrayed against them. Not just lawyers with subpoenas but men with guns. Look at the propaganda! Look at the prison time. And yet see how much weed, H and blow are being enjoyed by the masses. "Poor is the man whose pleasure depends on the permission of another." The only people the lawsuits will scare off are the chickenshits.

  73. INDUCE the vote! by Sheepless · · Score: 1

    Thanks for reminding me to vote this year. In my state, the registration forms are online, and I expect EVERYONE who gripes on this list about legislation in their democratic country to VOTE against people who would pass such idiotic laws. I'll be waiting at the polls to watch for you! (Wait, that would be illegal, too...)

    Or, here's an idea: Inducing Infringement of Personal Liberties Act. With this innovative new legislation, we could prosecute such evildoers as auto, steak knife, and duct tape companies for maliciously producing products that can easily be used by criminals for such heinous crimes as kidnapping! After all, what are a few CDs compared to a human life?

    baaaa

    --
    Social media and technology thoughts: http://jasonkinner.wordpress.com
  74. Still has to be proven in court by canfirman · · Score: 2, Insightful
    (Preface: I am not a lawyer, but here's my $.02):

    Even if this did make it into law, it would still have to be proven in court. I would think that most "defendants" under this law would try to prove the legislation in it's current form is too broad in scope, as virtually anything can be used to infringe at least something that's "copyright protected". I'd be willing to bet that some judge looks at this and dismiss the case.

    If I remember correctly, American law is unenforceable outside of it's borders, but it'll be interesting to see if other countries (e.g. Canada) follows suit.

    --
    It is not our abilities that show what we truly are... it is our choices.
    1. Re:Still has to be proven in court by KD5YPT · · Score: 1

      You remembered correctly, American law is unenforceable outside it's borders. However, if America manage to put it into a treaty with another country, then it will be enforceable in said country.

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
  75. Study is not relevant by using observers by SuperKendall · · Score: 1

    The problem with this study is that the people uder study were also under observation. There is a large difference in how people will behave for an authority present and watching, and a distant authority that is not immediatley felt.

    You gave one nice example, but I have a much larger one for you - speeding. Speeding is also illegal yet you go out any highway in the nation and drive the speed limit to see how well it is obeyed. Another example is HOV lanes - I see plenty of people driving singly on these, even on the ENCLOSED portions! In Colorado that's a much worse penalty than speeding.

    For a last proof of how the campain is not working, just fire up your P2P app and look for popular music. A recent example was the soundtrack to Shrek 2, which had about 50-60 people sharing per track when I was looking. These numbers do not seem to be declining, so while the story of your friend is interesting it's the exception rather than the rule.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Study is not relevant by using observers by vDave420 · · Score: 1
      For a last proof of how the campain is not working, just fire up your P2P app and look for popular music. A recent example was the soundtrack to Shrek 2, which had about 50-60 people sharing per track when I was looking. These numbers do not seem to be declining, so while the story of your friend is interesting it's the exception rather than the rule.

      Clarification:

      I will grant you that according to our own statistics, p2p usage is rising, and doesn't appear to be in immediate danger.

      However, in terms of swaying the minds and oppinions of people whom haven't yet used the technology (still, most americans haven't) they are fairly successful.

      The typical person I encounter who thinks p2p isn't stealing and isn't immoral has used p2p themselves, and they are still (unfortunately) in the minority. The other group who doesn't think it is immoral or stealing tends to be those people who haven't heard anything about the technology, and thanks to TV News snippents, that group has declined to a much smaller pool, instead filling the "I only know what I saw on the news last night, and the news said its illegal" pool with bunches of people.

      All that said, I don't think RIAA will win the fight (slowing growth != stopping growth) and I don't fear too much for my job dissapearing at thier hands.

      Now, Orrin Hatch I see as a more significant threat, as he threatens to criminalize my work outright, to save the children of this country from "exploitation".

      -dave-

      --
      The pig browse. With Google. Sigh is to the chicken. Chicken is fool. Giggle. The DailyWTF giggle.
  76. The great thing about P2P by SuperKendall · · Score: 1

    I wonder who will be our generation's Al Capone?

    The great thing about P2P is that we can ALL be Al Capone, just with fewer machine guns.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  77. INDUCE by Anonymous Coward · · Score: 0

    oh fuck, I found a piece of soft dark rock and a light hard colored piece of rock, am I in trouble now?

  78. Everyone should be concerned here by mutewinter · · Score: 1

    If making things that could infringe on copyright becomes a crime, how long will it be until we have a law that makes anyone who created something that ended up being used in a crime a criminal? Gun makers? Easily. BB Gun makers? That too. How about cars which managed to out run the cops in a chase? Sure this sounds ridiculous and far fetched, but so does this law thats being proposed now.

  79. YOU FAIL IT! by Anonymous Coward · · Score: 0

    copywrite infringement != theft

  80. Ayn Rand is a psycho.... by Anonymous Coward · · Score: 0

    .... loony, fucked up bitch.

  81. porno by Anonymous+Custard · · Score: 1

    So is it illegal to induce a minor to purchase a CD by selling a pornographic artist, such as Britney Spears or Madonna?

    Or selling Coca-Cola by having a very sexually attractive actress in a commercial?

  82. Easy by Anonymous Coward · · Score: 0

    3d20

  83. Seriously dude by Anonymous Coward · · Score: 0

    Bearshare can suck my cock.

    Spyware lamers.

  84. this is a great bill!!! by kelargo2020 · · Score: 1

    just think... I can create a text file and place it on a web server. its copyrighted. all rights reserved. Someone is allowed to view it with their browser... but that's all. but of course IE can save the file... and a person can use Windows cut-n-paste feature to copy and save it into a Notepad. and of course the Windows OS has both a command line copy and windows copy commands. All inducing a user to commit crimes!! I can sue MS and reap big bucks from their inducing others to steal my copyrighted works! Yahoo!!!

  85. People are dumb. by Spaceman40 · · Score: 1

    I mean seriously, someone want to sue me for working on an FTP client that "induces" piracy? Anybody? Think you'd win? And then I could appeal the ruling and get a dumb law struck down (that is, if this idiotic thing passes...).

    Does Congress know what kind of technology this bill would make illegal? I mean, the DMCA is one thing (see the deCSS Haiku for awesomeness), but this is just amazing. Glad he's not the senator from my state - but I have nothing to brag about...

    --
    I [may] disapprove of what you say, but I will defend to the death your right to say it.
  86. Snatch can suck my cock by Anonymous Coward · · Score: 0

    what a fucking dumbass. Hell he would fit right in the cabinet. Jerkoff bastard gets paid off by the riaa to put up bills like this.

    i'd like to cut his balls off and force him to eat them.

  87. Hatch is being a criminal himself. by G4CubeNu · · Score: 1

    The bill basically makes computers illegal, so wouldn't that make Mr. Hatch a criminal since he probably typed the bill?

    --
    Remember, beneath every cynic there lies a romantic, probably an injured one.
  88. What I love about all this by Anonymous Coward · · Score: 0

    The best thing about the RIAA is that they are reaping what they've sown. Many artists that they promote sing about disrespecting authority, getting all you want without working, the pleasures of moral degeneracy, etc. After irresponsibly feeding children that crap, helping to influence them to be selfish adults, they then expect us all to be saints and not us the P2P networks because it's morally wrong. Pleeease! They should have thought about morality a little bit earlier.

  89. cp is outlawed? by Starji · · Score: 1

    If IIAC is introduced, does that mean cp and copy are outlawed? While it might be funny to have a whole lot of congressmen get really embarassed when they are no longer allowed to install ANYTHING on their computer, I think this just is not a good idea.

  90. In the U.K. you have to... by Phil+John · · Score: 1

    ...that's why there is nowhere near as much corruption as in the United States (which is second only to Italy in my books).

    Hell, you're not even allowed to lobby MP's to table questions, there was a huge "Cash for Questions" furore a few years ago when a businessman paid an MP to ask two questions in the commons. That one ended up in court (and one disgrased former MP).

    I find the whole IDEA of a lobby to be quite chilling, politicians are there to represent the people of their constituency first, not big business who make so much money they have no right bitching about things in the first place.

    At the end of the day, if the RIAA members had embraced online music half a decade ago this would all be a moot point, it is their archaic ways that have put them in the mess they are in now - they should get with the times rather than relying on new laws with which to sue their customers.

    --
    I am NaN
  91. Just so long as the corruption of unbridled greed by Anonymous Coward · · Score: 0

    stays in America. I feel sorry for you guys, having to live in a system run by the rich for the rich. Suxz to be you eh. ~ a happily poor Canadian

    ps sure mod this down, that only proves the point you can't handle the reality that greed and irresponsibility have eliminated individual freedom in America.

  92. The falling sky crashes and fractures the horizon by Anonymous Coward · · Score: 0

    Tell me: When we're all felons, how will we vote against our oppressors?

    Welcome to the real strategy behind the war on drugs. Selective enforcement of unbounded laws is the ability to remove the right to vote from anyone that disagrees. If none of those who disagree can affect a change, do you really think any change can be had-- especially since *they* control the media?

    They started early last century with prohibition, which failed. They then tried with drugs. Now they're trying with music. Next will be sex.

    Soon all the pleasures will be owned by the state and everyone will think "Gee, that's just so double-plus good!". Afterall, in just 400 years we had replaced the heel of the Church with the heel of the State.

    *Solemnly removes triple-ply aluminum fedora*
    It's so sad--

    What was I saying?
    Oh well, I think I'll go watch some Fox News, and see how our friend Bush is bashing those bastards in Iraq!

  93. Umm it is illegal by nurb432 · · Score: 1

    Bribary IS illegal now. The problem is that there are many ways to give money for 'favors' legally, and get around the problem.

    --
    ---- Booth was a patriot ----
  94. The Irony by litghost · · Score: 1

    Isn't it funny that point of copyright is too promote creative works (such as high tech), but this law protects copyright by creating a legal minefield for hightech devices and software typically covered by the term "creative works". This law clearly shows that congress is NOT deriving their powers from the constitution, for example where does it say they can deter "creative works", oh wait....(sorry for the over used cliche, but it works so well)

  95. PLEASE pass this bill into LAW by Crypto+Gnome · · Score: 1

    And somebody PLEASE drag me into court for breaking it.

    The first thing my defence lawyer would do is have the COURT STENOGRAPHER arrested for using a device which INDUCEs users to INFRINGE COPYRIGHT.

    The second thing would be to ask the PROSECUTION if they have a piece of paper/writing pad/pen or even a pencil, either on their person or if they even own or use any of these devices. (And then have THEM arrested for breaking the law).

    --
    Visit CryptoGnome in his home.
  96. Senators... by IronMagnus · · Score: 1

    I wonder how many senators would have to go home and uninstall their CD burners and throw away their mp3 players and VCRs once(if) they pass this...

  97. What our Heritage Minister had to say: by EraseEraseMe · · Score: 1

    My email:
    Honourable Ms. Scherrer;

    I have heard your recent comments about seeking to change the Copyright Act.
    I would urge you to consider very carefully what steps are taken in any
    changes to this act. As the act stands, Canadians pay a levy on
    recordable media, money from which specifically goes to the music industry in
    compensation for supposed lost revenues.

    As such if the law is changed, I would also expect any media levies to be
    immediately lifted, as the proper method for handling any cases
    of copyright infringement would then fall to the music industry and the legal
    system of Canada, and not to a discriminatory levy applied
    to the majority of law-abiding citizens.

    Beyond this, the issue of whether revenues are lost at all is entirely
    debatable, as you can see in this story from the Washington Post
    citing a study done by two university researchers specializing in economics:
    http://news.yahoo.com/news?tmpl=story&u=/washpost/ 20040330/tc_washpost/a34300_
    2004mar29

    This issue of copyright is a very important one to me because those countries
    that address the issue properly stand to be at the
    fore-front of the information economy. Limiting information flow to prop up
    business models that simply are no longer feasible is not the
    way to go about this.

    Thank you for your time.
    Adam Monteith

    Their response:
    Dear Mr. Monteith:

    On behalf of Ms. Hlne Chalifour Scherrer, Minister of Canadian
    Heritage, thank you for your correspondence regarding potential changes to
    the Copyright Act and expressing your views regarding the private copying
    levy on blank audio recording media.

    Ms. Chalifour Scherrer appreciates your advising her of your views
    and has noted your comments with respect to these matters. Policy
    developments abroad encouraged the establishment of private copying levies
    for the benefit of authors, performers and producers of sound recordings
    long before Canada decided to establish such mechanisms. The private
    copying levy has been promoted as the only efficient mechanism to offset
    increasing reproduction capacity made available through developments in
    consumer electronics.

    The levy on blank audio recording media was developed to apply
    generally on all media ordinarily used by consumers to copy music for their
    private use. Accordingly, the law governing the levy was drafted to give
    the Copyright Board of Canada, a specialized tribunal, the authority and
    discretion necessary to accurately evaluate the appropriate portion of
    music copied onto some of the media used by consumers for any digital data.

    It should be noted that the Government is not involved in the
    collection, administration or distribution of the levy; These tasks are
    carried out by the Canadian Private Copying Collective (CPCC). Detailed
    information on the levy is outlined on the CPCC Web site at
    http://cpcc.ca/english/about.htm and the Copyright Board Web site at
    http://www.cb-cda.gc.ca/index.html.

    Information and updates on the copyright reform process, including
    issues on file sharing and the private copying levy, are available on the
    Department of Canadian Heritage Web site at
    http://www.pch.gc.ca/progs/ac-ca/progs/pda-cpb/ind ex_e.cfm.

    I trust that this information is useful. Please accept our best
    wishes.

    --
    "Anybody who tells me I can't use a program because it's not open source, go suck on rms. I'm not interested." (LT 2004)
  98. FAX Congress by ClickTheVote · · Score: 1
    Snail mail sent to Congress is being embargoed and 'cleaned,' and therefore delayed, so a fax is the better option (a phone call is best). The PIRATE Act passed the Senate today and the INDUCE Act is similarly on the fast track before the elections bring things to a halt.

    Click The Vote has free tools to fax Congress as well as a Pro-P2P "Make Share Fair" petition for people to sign. Action is needed now on The INDUCE Act, The Digital Media Consumers' Rights Act and the PIRATE Act (which still needs House approval).

  99. Sue the copyright holders under the law by wyldeone · · Score: 1

    It would seem to me that this law could actually backfire on the copyright holders (MPAA, RIAA, etc.) This is because it would seem, though I have not read the dull text, that they are "inducing, aiding and abetting" copyright infringement by creating the content in the first place. Without content, what would there be to steal? It would be an interesting case, anyways.

    --
    In the beginning the universe was created. This made a lot of people very angry and is widely considered as a bad move.
  100. Canadian Culture Minister Defeated by CHaN_316 · · Score: 1

    Well, the results are in, and what an exciting election that was! The Canadian Culture Minister, Hélène Chalifour Scherrer has been readily defeated. The results for this particular riding is available here.

    --
    "There is no spoon." - The Matrix
  101. speakers... by IronMagnus · · Score: 1

    Are portable amplified speakers going to become illegal because they transfer the stolen music from electronic pulses into sound waves?