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File Trading Law Would Include 'Willing' Traders

mgessner writes "From InfoWorld comes a story on the U.S. House's approval of a new, tough law against trading files online. 'The bill expands the definition of file traders eligible for criminal penalties from individuals who 'willingly' distribute copyright files to those who 'knowingly' do so, an escalation that could result in jail time for file swappers.'" (The bill has yet to go through the Senate.)

9 of 582 comments (clear)

  1. The GPL is a copyright by watermodem · · Score: 3, Interesting

    The GPL is a copyright so does this make it illegal to download opensource software?

  2. This could be great news... by Sanity · · Score: 5, Interesting
    ...for countries outside the US looking for some smart software engineers. With this in mind, here is a letter I recently wrote to the UK's Home Secretary regarding another anti-innovation law, the Induce Act (the home secretary is responsible for UK immigration policy):
    Dear Home Secretary,

    It is well known that the United Kingdom is keen to attract skilled workers to the UK, particularly those involved in the software industry.

    The United States is poised to pass legislation, known as the "Induce Act", which will dramatically increase the risk of innovation in the software industry in the United States. If passed, this legislation is likely to prompt a large number of the United States' most talented software engineers to consider relocation to another country.

    The United Kingdom is well suited to provide an alternate base for these displaced software engineers, where their innovations may benefit the UK's economy, not to mention the economy of the European Union.

    My question is whether the UK government has made sufficient provision for displaced American innovators to migrate here given the hostile environment they may soon face in their own country. It is my belief that the United Kingdom can only benefit from the influx of talented software engineers from the United States, and should minimise any barriers to their migration here.

    I await your response with much anticipation,

    Kind regards,

    Ian Clarke
    Coordinator, The Freenet Project

  3. 'willing' vs 'knowing'? by bizpile · · Score: 4, Interesting

    From the article:
    Detractors of the legislation claim that the measure would not stop the trading of copyright files and will not help the entertainment industry find a way to ensure artists get paid for the distribution of their works.

    Well, what law has ever stopped a crime. Laws (theoretically) just reduce crime (but, obviously not in all cases).

    Also, from the article:
    "Putting downloaders behind bars, or decimating their college funds with civil lawsuits, won't put the genie of peer-to-peer technology back in the bottle or put real money in the pockets of real artists," P2P United's Eisgrau said in an e-mail interview with IDG News Service earlier this week.

    This is the smartest thing I've read about file sharing in general to date.

    P.S.: What is the difference between knowingly and willingly?

  4. Re:This could be great news...a new revolution by FerretFrottage · · Score: 5, Interesting

    I suspect that those software engineers will set sail east across "the pond" in search of a land were they can have rights to life, liberty, and the pursuit of happiness. Rights that many in our government are trying to take away [if you aren't "with them"]. We tried it over here, it worked for about 224 years and at last the western empire is starting to crumble.

    --
    "Look Lois, the two symbols of the Republican Party: an elephant, and a fat white guy who is threatened by change."
  5. Re:Intellectual Property (No Trespassing) by HBI · · Score: 4, Interesting

    You do realize, of course, that audio recordings were not copyrighted in the US before mid-1972, correct?

    The problem isn't the people, it's the law. Trying to sell recorded copies of music in an era where music copying is simple and easy requires the construction of a police state. It's a ludicrous response to the issue. Making it a felony to share files will result in many congressmen and women losing their jobs. Not that that is a bad thing.

    As if this law will stop anything - the US is becoming a nation of file leeches, since you only get busted for sharing, not downloading. I wonder when the 'Great Firewall of America' will be forthcoming?

    The musician has to find a different means of marketing, basically. If there are fewer musicians in the future, well, I suspect the ones that go will be the ones that suck the worst in general, so that's no great loss. And before some musician or record company shill starts whining to me, I don't see a lot of people crying when my industry gets devastated by foreign outsourcing. Where's the 'Anti-Outsourcing Act of 2004'? Nowhere. So why are we protecting the content distribution industry? Beats me.

    Threatening to throw people in jail for sharing files is akin to say, huge sentences for selling marijuana. We see how that problem got solved, right? Failing to learn from history dooms you to repeat it.

    --
    HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
  6. Re:Those who vote... by PeeAitchPee · · Score: 4, Interesting

    While I agree with you in that the punishment absolutely does not fit the crime, I believe it's a little narrow-minded to say that it's only "Right Wing Assholes" who are resposible for the entertainment industry's current stance on file trading, even if this one particular bill was sponsored by a Texas Democrat. Most of Hollywood and the various eMpTV voice pieces are overwhelming liberal (I'd say the term "Left Wing Assholes") applies. And BTW, does the name Fritz Hollings ring any bells?

  7. Mod Parent Up! by goldspider · · Score: 3, Interesting

    What Slashbots say they want and what they actually want are often very different, and often contradictory.

    They insist that the GPL is a valid lisense and (rightfully) insist that it be respected and enforced. However they sing a very different tune (no pun intended) when it comes to copyrighted music.

    The average Slashbot just doesn't want to pay for music, and will make any (other) argument to justify violating copyright law.

    --
    "Ask not what your country can do for you." --John F. Kennedy
  8. Advice to "The music biz" from TheReg. by haeger · · Score: 3, Interesting
    Andrew Orlowski at TheReg had some thoughts on "How the music biz can live forever, get even richer, and be loved".

    A good read for those interested.
    How the music biz can live forever, get even richer, and be loved

    .haeger

    --
    You are not entitled to your opinion. You are entitled to your informed opinion. -- Harlan Ellison
  9. can I still do my research for the government by andy314159pi · · Score: 3, Interesting

    The U.S. government pays me to do research on reactive chemistry. I am required to move very large files across networks. I am afraid that this movement of files might be misconstrued as illegal file sharing by corporations that can put me in jail. Is it important for me to continue doing research for the government that also may allow corporations to accuse me of file sharing based solely on large amounts of local area network traffic?
    The answer is that I should probably quit using a computer in order to preserve my status as a non-felon.