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Copyright Bill could Stifle Innovation

binder520 writes "Wired has an article on how the latest Senate Bill, sponsored by Sen. Orrin Hatch (R-Utah), will hold technology companies liable for supplying devices or software that can be used to illegally copy music, videos, software, etc. It looks like it is time to write to your senators, because the verbiage in the bill is too subjective for any technology company to stand up to the media giants. Say good bye to your VCR, MP3 players, CD/DVD burners, etc."

31 of 597 comments (clear)

  1. Wow by DigitalSpyder · · Score: 3, Interesting

    Do politicians in America go out of their way to stifle innovation or is it just my perception?

    1. Re:Wow by Simonetta · · Score: 2, Interesting

      Do politicians in America go out of their way to stifle innovation or is it just my perception?

      Politicians in the US are seriously busy, they often don't read the laws that they vote on. They vote the party line. The bills (proposed laws) are written by the politician's aides who move back and forth between government and industry.

      Passing really bad laws will, in the long run, just transfer innovation to areas of the world outside of US control and influence.

    2. Re:Wow by erpbridge · · Score: 2, Interesting

      The interesting thing is that Orrin Hatch loves dealing with copyright restriction bills as they refer to technology and the Internet. Just scroll down to the bottom of Slashdot's page, and just search for "hatch", and you'll see a ton of them.

      I believe he voted for the Sonny Bono copyright act, which extended copyrights (especially Disney's copyright on Michael Moose) to life of author + 70 years (law argument: the cartoon character in question was made while in employ of a company. The company doesn't die. When is "life" determined?) We don't know Hatch's yea or Nea on this one, because it was a voice vote in both chambers of Senate (see Wikipedia, Sonny Bono Copyright Act).

      Of course, Hatch also was interested in the Remotely destroy filetraders PC's technology. Gotta love this guy.

      Anyone know if Fritz Hollings (Disney Senator) is still in Senate? He's another copyright law junkie along the same lines.

    3. Re:Wow by gcaseye6677 · · Score: 3, Interesting

      Actually, many of the corporate abuses in the early 1900s are exactly what led to worker's rights legislation, workers comp and other safety programs, minimum wage laws, securities regulation, anti-monopoly laws, and many other regulations. I don't know what kind of system you would propose that would protect the little guy, but I think you need to remember that there are limits to what companies can do, and the more corrupt they become, the more efforts are made to reign them in. Example: corporate fraud is being cracked down on quite a bit now. The former Enron and Worldcom executives have been indicted, along with many other white collar criminals.

  2. OK lets see Hatch take the same stand on guns. by museumpeace · · Score: 2, Interesting

    Guess what the senator says about holding gun companies liable for murders committed with their products?

    --
    SLASHDOT: news for people who can't concentrate on work or have no life at all and got tired of yelling back at the TV.
  3. Read Atlas Shrugged. by Kenja · · Score: 4, Interesting

    Read Atlas Shrugged. These laws are not being put in place to be followed. There are there to be selectively enforced.

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
  4. Hatch is just bitter by Locke355 · · Score: 4, Interesting

    He got caught, so he wants everyone else to suffer too.

  5. Copyright Stifles Innovation by Matrix272 · · Score: 2, Interesting

    Is it just an oversight on the part of readers, or journalists, or Slashdot editors, or some combination of the above to ignore many other things that also stifle innovation, like high taxes? Isn't it at all possible that more companies would invest in research and development if they could afford to do so, but they cannot because too much of the potential profits are seized by the government?

    --
    "It's better to have a gun and not need it than need a gun and not have it." ~ Christian Slater, True Romance
    1. Re:Copyright Stifles Innovation by Hemlock+Stones · · Score: 4, Interesting

      Except something like 40% or more of corporations pay little or NO income tax at all. The largest pay the least (good corporate tax lawyers are worth their weight in gold). Little guys, you know, the ones that tend to inovate most get screwed. About four years ago (give or take a year), Microsoft posted huge profits for the year and payed NO income tax at all. So while they LOVE to complain of high tax rates, big companies don't even come close to acually PAYING them.

  6. Intel against it too by ctr2sprt · · Score: 4, Interesting
    A director and former executive VP of Intel also wrote an editorial, for the Wall Street Journal no less, bringing up mostly the same points. He's concerned that even stuff like CPUs could be considered "inducements" under this bill. He doesn't think that would ultimately fly in the courts, but he says it would have a really chilling effect on innovation. He used Intel as an example. If this bill had been around back when Intel were starting out, they might not have been able to get investment because of legal concerns. So it doesn't even matter if anyone actually prosecuted under the bill: its mere existence would be enough to discourage investment and innovation.

    The mere fact that Wired and the WSJ are both running stories against this bill suggest it has zero chance of ever passing. But it's nice to see a traditional print newspaper warm to some of the issues near and dear to nerd hearts.

    Oh, here's the link to the WSJ article, but it probably requires (pay) subscription.

  7. Stupid laws yet again by Spineless+Jellyfish · · Score: 2, Interesting

    It is becoming increasingly common for legislators try to get any bill passed, no matter the constitutionality of it.

    Between the defense of marriage act earlier today and this, I am just so disgusted with the whole lot of them.

    With the betamax decision, it was ruled that it is ok to make personal copies of tv shows. It is logical that the same could be said of recorders of CDs to MP3s or (preferably) OGG or FLAC.

    So now Hatch comes up with a bill that would do nothing but tie up the courts (after causing pause to innovators) until it is ruled unconstitutional and we are back where we started.

    Then Hatch comes up with practically the same bill all over again, and the process continues ad infinitum (sigh)

  8. Re:Orrin Hatch? by thogard · · Score: 2, Interesting

    I don't know about you, but I refused to do business with people in Utah because of their inability to deal with electing senators and I'm happy to tell them that and I do take my business elsewhere. Too bad he's not up for reelection for another two years. Ever notice that everything he does seems to be more involved with other states than his own? I don't think he's been working for the people of Utah since maybe the 1980's.

  9. Re:Orrin Hatch? by kmahan · · Score: 4, Interesting

    I vote against Hatch every year. Unfortunatly he's part of the local political system and the LDS Church loves him so he won't be voted out.

    And he knows it -- he really doesn't care what he does to the people of Utah (or the rest of you). He knows that nobody will hold him accountable. As long as he keeps getting his kickbacks from his big corporation buddies he's happy. Complaints from the "little people" (us) don't even register.

    One of the best things he's managed to do is convince the local news outlets (the biggest being owned by the LDS Church) to never report on what he is doing in Congress (aside from when he gets voted "best dressed..") If the citizens of Utah were kept up to date about the legislation he proposes and what his votes are there would be a huge outcry for him to be tossed out on his ass. Supposedly the natives here (I'm not one of them) value things like privacy, personal rights, etc. All the things that Orrin's bills seek to take away.

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    Invalid Checksum. Retrying.
  10. I don't think this bill goes far enough! by mikeophile · · Score: 2, Interesting

    We can't be content with merely banning devices that can illegally copy copyrighted material.

    We need to ban any device that can potentially play illegal media!

    No child is safe while televisions and music players exist which could possibly corrupt their minds with illegally copied media!

    Ban all Media Players now!

  11. Re:Didnt we hear this last week? by k12linux · · Score: 2, Interesting
    It wont pass either, like most of his garbage, but still scary hes still trying.

    What is scary to me is that the money behind these types of bills can afford to have someone re-introduce them over and over, perhaps just changing the wording a little. All it takes is for one of them to slip by unnoticed and get passed. Then we have a law in place and it would be hard to remove it.

    For anybody who thinks that it's easy to get a stupid law removed from the books, consider the 1937 law which sets the price of milk based on how far the dairy farm is from Eau Claire, Wisconsin. (The further away, the more you get.) The idea was to encourage dairy production outside of WI.

    According to USDA statistics, milk production in California is over 63% higher than that in Wisconsin. Despite how obvious it is that this law is bogus, it still wasn't overturned when it was due to expire around 1999. Guess the contributions and PAC money did the trick.

    So obviously, if Hatch manages to get one of these rediculous laws passed, we'll probably be stuck with it indefinately.

  12. Logical extension = ammo makers sued for murders by Engineer+Andy · · Score: 2, Interesting

    If it is possible to prosecute for the illegal use of a product which has a legal and legitimate use, then surely by extension it will only be a matter of time before someone (unless they already have) sues bullet makers for providing the means to kill people.

    I know that guns don't kill people, it is people that kill people, but a VCR / CDR / generic recording device does have legitimate uses that don't violate copyright.

    I am glad that I don't live in the states. If this is the model of democracy and things being done for the people rather than for the oligarchs (read the corporations the politicians seem to owe their souls to) then I would hate to see a country really in need of liberation.

    --
    "And we have seen and do testify that the Father sent the Son to be the Savior of the World" 1 John 4:14
  13. Re:geez by XeRXeS-TCN · · Score: 2, Interesting
    From a previous Wired article:
    In the past five years, Hatch has also received $158,000 in campaign contributions from the television, movie and music industries, according to the Center for Responsive Politics.
  14. Re:Orrin Hatch is just pissed... by kerrbear · · Score: 4, Interesting

    I still don't understand Hatch. I've said this before, but I remember Hatch kicking Hillary Roisen's ass about fair use early in the debates. At the time he led a heroic effort to stop the RIAA from imposing undue restrictions. I don't understand why he changed his mind...

    E.g. from: http://www.insightmag.com/news/2001/01/15/Music/Th e-Napster.Challenge-210824.shtml

    Along with the nation's teen-agers, Senate Judiciary Committee Chairman Orrin Hatch of Utah is an unlikely proponent of the online music company. A key Hatch aide recently left Capitol Hill to become Napster's chief lobbyist in Washington. Unbeknownst to many, Hatch is a prolific, yet frustrated, songwriter who says Napster is a great way to get your music known if you don't get a record deal.

    "For every Metallica, there are thousands of talented songwriters whose music will never be recorded, talented musicians whose work will never be heard by the public. Peer-to-peer technology (like Napster) may help some of these artists," Hatch said in an interview with Inside magazine.

  15. Now i see why hes worried... by segfault_0 · · Score: 2, Interesting

    Sen. Hatch is only protecting himself from these damn pirates, since it is practically assured that his music is on the top of pirates most wanted music lists around the globe. Or maybe hes a just the fascist pinhead he asserts himself to be.

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    I was crazy back when being crazy really meant something. (Charles Manson)
  16. Re:Email your Senator! by ben184 · · Score: 2, Interesting

    Here is what I wrote; please use it, change it if you like, and email it to your state's senators:

    (Your Senator's Name Here),

    The passing of the Inducing Infringement of Copyrights Act of 2004 (S. 2560) would be a mistake felt by both consumers and manufacturers.

    Those of us with enough personal responsiblity would suffer the most, as the price of devices manufactured for media duplication sky-rockets, due to high legal fees, and the need to develop exotic copyright-protection schemes. Due to the vague wording of the Bill, our ability to own music, movies, and other media may even disappear as consumers are forced to adopt the entertainment industries' extreme piracy prevention schemes.

    Please remove your support from this Bill, as it only punishes the law abiding citizen and an industry that produces to meet a consumer demand. As usual, the criminal would find a way around this limitation.

    Thank You,
    (Your Name Here)


    Considering the subject of this thread, I guess I should write up some legal document releasing this sample email into the public domain, so no one gets sued for using my material...

    Whatever; just send it in.

  17. Re:Non-Story by dcgaber · · Score: 4, Interesting

    Or the bill could be decided by the leadership to be of extreme importance and put on a fast track to go through subcommittee, committee and on the floor in the matter of weeks, if not days. There is no requirement that there are hearings on a bill, and while there may be outcry, members and senators are not in a real fear of losing their job because they did not hold a hearing on a bill (unless there is public outcry).

    Or it could be attached as a rider to another bill or to the approps bill. There are many ways that a motivated Congress can quickly pass bills. While this is a general good outline of the process, it is not uniform and many bills have been approved quickly when the leadership (particularly if both parties) wants it. A good example you know about...Patriot Act that was passed within weeks. You don't know about the tons of other examples because they happen without much fanfare.

  18. Re:Memory Copyright Infringements Next? by Hatta · · Score: 3, Interesting

    I hated Orrin Hatch before it was cool. Remember the methamphetamine anti-proliferation act? The one that would prohibit the dissemination of information about how to get, use, or make drugs?

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  19. Re:Memory Copyright Infringements Next? by Skidge · · Score: 3, Interesting

    Yeah, but the major media powers would hate that, since you wouldn't need to consume anything new. What they should do it come up with a way to make you forget the actual content, just that you really liked it (no matter if you really did). Then you'd want to buy the next great thing from them.

  20. Re:Memory Copyright Infringements Next? by djmurdoch · · Score: 2, Interesting

    They'd make sure that the boof! also wiped out the book:

    Hey, a new Tom Clancy book! Here's $9.95.
    boof!
    Hey, a new Tom Clancy book! Here's $9.95.
    boof!

  21. Where's That Site? by LighthouseJ · · Score: 2, Interesting

    Does anyone know where that site is that lists all contributions made to senators and such (how much and where from)? You know, these people legally have to report all contributions and such. I've looked around for links here on slashdot, and also through numerous google searches.

    1. Re:Where's That Site? by ConceptJunkie · · Score: 3, Interesting

      Thanks to McCain-Feingold, that's no longer necessary.

      You just don't mention your candidate by name and you can spend all you want any way you want.

      --
      You are in a maze of twisty little passages, all alike.
  22. Re:Orrin Hatch? by doczarkhov · · Score: 2, Interesting

    When I voted against him last time, he was still pretty popular, but I've been hearing a lot of complaints lately. Oh, and by the way, not only am I LDS, but a native. As for writing to him to change his mind, whenever I do that I get a response that feels like he's patting me on the head, saying, "Ah, gee, that's so cute that you believe that." Maybe I should run. And, as a matter of Hatch related silliness, was anyone aware that Hatch's son is one of the major lawyers for SCO? At least, that's what the article I read on MSNBC said.

  23. Re:A step too far, once again. by Dr.Dubious+DDQ · · Score: 2, Interesting
    Orrin Hatch really is so deep in the **AA's pockets[...]

    What I haven't figured out is how the heck these people (if you can call them that) can claim to be representing THEIR constituents with bills like this. California legislators (especially those in Southern California districts) I can understand, and maybe some of the New York ones...but as far as I can tell, Utah is about as dependent on Big Media for their economy as South Carolina (i.e. Fritz Hollings) is...This particular senator's wild-eyed berserk enthusiasm for grossly overeager "Copyright Protection(tm)" particularly baffles me in light of the fact that it puts him AGAINST the "Clean Flicks"** people in their case, and his state especially seems to like those.

    Is it really just that "The Two Parties(tm)" really ARE the Disneycrats and Ruperticans* as I've been calling them for the past several years, run by their respective media masters?

    (* - as in Rupert Murdoch/Fox Network, in case anyone didn't guess that...)

    (** - "Clean Flicks" is a company that buys original media, then edits out the "objectionable" parts that might offend the delicate sensibilities of viewers, especially in the Utah/Idaho area, such as naked people, discussions of icky things, and bad words. While my personal feelings towards this attitude range from contempt to disgust to anger, it is for philosophical/artistic reasons, and I nonetheless think that they are FIRMLY within what ought to be obviously legal actions within the doctrines of "Fair Use" and "First Sale" to anyone that isn't being paid off by media lobbyists...or at least that's my opinion.)

  24. Some truth to that by Anonymous Coward · · Score: 1, Interesting

    I was involved in a lawsuit where a village selectively enforced conflicting regulations when I was building a house, stopping me. I showed up with reams of evidence showing that, for example, my case was the *only* case in the 40+ years of one regulation that it was ever brought up.

    The result? A Federal court judge ruled that there is nothing is wrong with selective enforcement of *ANY* law so long as the selectivity is not based on race, religion, etc. And she cited precedent (why my legal team didn't know or tell me this before I paid them 6 figures is another story).

    So in this case it would be perfectly legal and proper (although likely immoral) to pass such a broad law and then go after anyone with a dissenting opinion of how government should be run.

    I am saddened by the country we are passing on to our kids. As my father, a decorated veteran, said of the proceedings, "This isn't the country we fought WWII for any more."

  25. Re:Memory Copyright Infringements Next? by pgnas · · Score: 2, Interesting

    Couldn't agree with this more... What a worthless waste!

    It is so tiring reading about how these people want to legislate the hell out of everything.

    I am far from an anarchist, I beleive in laws and regulations, however, I am a firm beleiver that it is the people that should be running this country and not the sorry politicians whose only goal in life is to make life easier for a select group of people.

    I do beleieve that laws can stifle progress. Once more, it is so tiring watching lawmakers in the US proposing methods of government on the Internet. These ridiculous laws passed in the US will do nothing to stop development of software in other countries, in addition, the Internet will continue to propogate the software around the world.

    The only thing that I would have to say to my Senator if he were looking at siding with this legisation would be to get a life! There are far too many more important things to deal with that would genuinely improve the quality of life in the US.

  26. Re:Orrin Hatch? by krazo · · Score: 2, Interesting

    If the citizens of Utah were kept up to date about the legislation he proposes and what his votes are there would be a huge outcry for him to be tossed out on his ass

    Is there a website with this information? There should be a place you could go to see what your state senators and local representatives proposed, what committees they are on and what came out of those committees, and how they voted on various bills and issues.

    I know this information is public, but I'm not sure there is a good way for the public to access it and there definitely should be. If anyone knows of a website, please fill me in.