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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.)

113 of 582 comments (clear)

  1. Well by Anonymous Coward · · Score: 5, Funny

    I guess Granny won't be coming to Christmas this year.

    :(

  2. how do they determine which it is by NetMagi · · Score: 5, Insightful

    with boxes checked by default, and programs scanning ur hd's for stuff to share, how do they determine just where the thin line of knowingly and willingly is???

    1. Re:how do they determine which it is by Nos. · · Score: 5, Insightful

      That's just it. A lot of people using this file sharing programs have no idea what they're doing... my site (see sig) is a prime example of this. People need to pay attention to the software they're installing and what it is doing.

    2. Re:how do they determine which it is by networkBoy · · Score: 2, Interesting

      So what is stopping someone from sharing over an open WiFi connection? Does this bill have provisions for protecting those who share their connectivity freely as in beer? (I am assuming that the IP address and ISP logs are used to identify convict . . . uh potential infringers).
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    3. Re:how do they determine which it is by timeOday · · Score: 5, Insightful
      how do they determine just where the thin line of knowingly and willingly is??? Well, I'd say a law like this is the end of distributed content systems like Freenet. Given the percentage of content that violates copyrights, and the way data is spread out and replicated, there is no chance of running a Freenet server without hosting infringing content.

      Thus simply participating in the network constitutes "knowingly" distributing copyright material.

      Of course precisely the same could be said for telephone networks - they run their services knowing (for certain) that on any given day, many people are using the phone network to break laws, from violations of the national "do not call" list to planning terrorist attacks.

    4. Re:how do they determine which it is by spiritraveller · · Score: 2, Insightful

      "Willingly" means that it was your desire to cause the result (the distribution of copyrighted materials).

      "Knowingly" simply means that you caused it and knew you were causing it, regardless of whether you desired the result or just knew it was an inevitable byproduct of your actions.

      It's pretty rare that someone gets off for a crime because they "knew" but didn't "will" the result. But it's an open argument with file-trading, because a lot of programs share files by default. So if this bill were the law, and you were installing the program for a legal purpose, but you knew that it was going to share copyrighted music from your harddrive, you could no longer argue that you didn't "intend" to share copyrighted files, because you "knew" you were sharing the files.

      Whether a person "knew" or "intended" something are questions left for juries to determine.

    5. Re:how do they determine which it is by Baseclass · · Score: 2, Insightful
      Freenet's data is all encrypted. They wouldn't be able to prove you were sharing illegal content.

      Freenet and it's ilk will grow in direct relation to the amount of regulation thrown down upon us. The [i/I]nternet was born free and too many of us want to keep it that way.

      Of course by saying that I've just got myself thrown on the government's commie watch list.

      --
      ^^vv<><>BA
  3. 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?

    1. Re:The GPL is a copyright by mark-t · · Score: 5, Insightful

      Clearly the wording of the bill needs to be changed so that it would only apply to distribution without the consent of the copyright holder. Otherwise, this bill would make it illegal for a coypright holder to distribute his very own material! (effectively negating the actual meaning of copyright completely.)

    2. Re:The GPL is a copyright by MBGMorden · · Score: 3, Informative

      GPL is not a copyright. It's a license. GPL software can still be copyrighted, but so can any other closed source freeware program, so bringing up the GPL really has no bearing here.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    3. Re:The GPL is a copyright by mark-t · · Score: 2, Informative

      All GPL software is copyrighted. If it weren't, the GPL couldn't apply to it.

    4. Re:The GPL is a copyright by Anonymous Coward · · Score: 2, Insightful

      Clearly the wording of the bill needs to be changed so that it would only apply to distribution without the consent of the copyright holder. Otherwise, this bill would make it illegal for a coypright holder to distribute his very own material! (effectively negating the actual meaning of copyright completely.)

      Wrong - it would just make it illegal to distribute any copyright material online.

      Tell me, who is sponsoring all these anti-file-trading laws? Oh yes, the RIAA and MPAA.

      Now, tell me, which two major industry groups represent industries which want to continue to lock people into traditional media, instead of moving forward to a 21st-century digital distribution network?

      Hmm... maybe it's a conspiracy theory too far, but do you REALLY think the RIAA would be upset if Congress accidentally made iTunes illegal?

    5. Re:The GPL is a copyright by phurley · · Score: 3, Insightful

      The text of the bill states "infringes a copyright willfully." I would assume (IANAL), that the term infringes carries to existing copyright law as to what is and is not an infringing activity, i.e. if you have the permission of the copyright holder, it is legal.

      --
      Home Automation & Linux -- now I know I'm a geek
  4. Piracy Deterrence and Education Act of 2004 by daveschroeder · · Score: 5, Informative
    The actual "Piracy Deterrence and Education Act of 2004" itself:

    Index

    Summary

    Text of legislation

    1. Re:Piracy Deterrence and Education Act of 2004 by Injury99 · · Score: 2, Insightful

      I'm wondering with P2P criminal limits set, if the RIAA will just save money and knock off the civil lawsuits and spend it s days whistleblowng to DA's for people that exceed the criminal limits. If that happens at least there will be a clear "Do Not Cross" line for the small potato sharers out there. The section about Retail Value, and the different ways it could be figured is disturbing. Of other intrest (and possibly due to me not fully understanding the text) the exemptions for the audio/video skipping of motion pictures...seems to outlaw the practice of pausing record on a device to bypass recording commercials.

  5. 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

    1. Re:This could be great news... by j1bb3rj4bb3r · · Score: 2, Informative

      For anyone interested in the Incude Act and what it is, here's a reasonably good Wired article on it.

      --
      *yawn*
    2. Re:This could be great news... by CodeArtisan · · Score: 2, Interesting

      If the UK was truly keen to attract skilled software workers, I wouldn't be typing this from my New York office - I'd be back home in Scotland instead.

    3. Re:This could be great news... by bluGill · · Score: 4, Insightful

      Lots of things are different between the US and the UK. For instance the UK is banning fox hunting, while my state (MN) consideres hunting a legal right that is now part of the constitution. UK bans many more guns than the US. The UK has more cameras watching their streets than any other country. (Though the US is trying to catch up)

      In short: there is plenty wrong with every country. I don't like the Induce act, but it isn't enough to make me exchange the rights violated in the US for the rights violated in the UK.

    4. Re:This could be great news... by Em+Adespoton · · Score: 5, Insightful
      Well, as someone who lives just North of the US Border, I have to say that a lot of talented US innovators are already moving.

      A number of others are living in border states and are working on getting to know the Canadian technology world so that if they have to, they can emigrate quickly. In Canada, we take privacy seriously; there is a strict Federal Privacy act that all governmental institutions have to answer to, and at the beginning of this year, a new business privacy act went into place as well, protecting individuals from shoddy business handling of information.

      Slashdot has covered our copyright laws and trials enough that I won't get into that side of things. The UK probably hasn't given the US emigration possibility a huge amount of thought, but believe me, in many Canadian provinces, it has been a major item of consideration when modifying our IT-related laws.

    5. Re:This could be great news... by Anonymous+Cowpat · · Score: 2, Informative

      Littl plastic pellets propelled by air

      They're not necessarily propeled by air, the requirement is that each pellet, at the point where it comes out of the barrel (so, point-blank) has an energy (kinetic) of 1j or less (IIRC - it might not be 1j, but the restriction is based on the kinetic energy of the pellet).

      There are several other methods used, a spring and some fancy thingamijig with an electromagnet are two systems that spring to mind.

      --
      FGD 135
    6. Re:This could be great news... by mlg9000 · · Score: 2, Insightful

      That's silly.

      I agree that is act is a bad idea. Consumers/voters clearly don't want it. It only serves to protect an industry that has been ripping consumers and the majority of artists off with its sudo monopolistic behavior. At this point there is ZERO chance of going back to the old paradigm. We are better off embracing P2P as the tool that it is and let liaise fair capitalism find a way to adapt as it always has in the past.

      However, as to this causing a mass exodus from the US, that's not going to happen. First of all, I think you are grossly over estimating the impact an act like this could have. Annoying sure, but business would survive just fine. Second, I don't think you understand the economics involved. Not that the UK or any other place in Europe is a bad place to live but the standard of living in the US is MUCH higher, provided you have an in-demand skill. You make more here, pay about half the taxes, and housing and other expenses are dramatically lower. Specifically speaking about the UK, I know people that have jobs based there, but live here in the US and just work remotely and travel back and forth all the time because that is actually cheaper to do it that way. Worst case scenario you just change job fields.

    7. Re:This could be great news... by cliveholloway · · Score: 2, Informative

      I think often that Americans' view of UK is as skewed as Brits' view of the US because our starting points are so different (I'm a Brit in LA, so I have *some* insight).

      I don't think I ever saw a gun in England as a kid. In the 90's I saw my first Policeman with gun in Central London and that kinda freaked me a bit. Very few people in England feel their "rights" are being trodden on by not owning a gun. It just makes sense.

      Whilst over here, being brought up in a culture where guns are everywhere, it's just too radical to try to envisage ever changing the relationship with guns to anywhere near what the British mentality is.

      When I moved over here, my wife had a broken, unloaded gun in her apartment. I freaked and got her to get rid of it. I'm a bit more relaxed these days, but I still wouldn't ever let anyone bring a gun into our apartment.

      The general paradigms* of the two societies are so different, I can't expect either to truly 'get' where the other is coming from.

      Oo, what a rant, and no conclusion.

      cLive ;-)
      * a valid use of the word paradigm - for once.

      --
      -- Trinity in high heels carrying a whip: The donimatrix - there is no spoonerism
  6. While we're at it by ravenspear · · Score: 5, Insightful

    Let's have:

    people who illegally photocopy books go to jail
    people who illegally perform plays and musical pieces go to jail
    people who plagiarize or don't cite references go to jail

    Hell let's just have anyone who says anything in a non-free speech zone go to jail.

    1. Re:While we're at it by bgeer · · Score: 3, Funny

      I thought the whole country was supposed to be a free-speech zone.

    2. Re:While we're at it by Anonymous+Luddite · · Score: 2, Funny


      people who plagiarize or don't cite references go to jail

      Imagine the difficulties this would place high school teachers in...

      "Excellent work Bobby. You failed to cite sources correctly though, so I must deduct 10% from your final mark and send the police to your house."

    3. Re:While we're at it by Fenceman · · Score: 4, Funny

      people who illegally perform plays and musical pieces go to jail

      Great! So my buddy who can't carry a tune but insists on singing... I can finally have put away? :)

    4. Re:While we're at it by idfrsr · · Score: 2, Funny

      Celine Dione?

      --
      "The large print giveth, and the small print taketh away" -Tom Waits
    5. Re:While we're at it by Baseclass · · Score: 2, Funny
      Or reNeducation as the case may be.

      "Just relax and let the hooks do their work."

      --
      ^^vv<><>BA
  7. Isn't this just semantics??? by Anonymous Coward · · Score: 2, Insightful

    If I "knowingly" share files, aren't I "willingly" sharing them as well.

    Does this apply to people who KNOW that they share files, but don't WANT to???

    I'm confused!!!

    1. Re:Isn't this just semantics??? by m2bord · · Score: 2, Interesting

      i've watched enough law and order to hear the line of questioning in a court case...

      a.d.a. -- "so mr. criminal, why did you knowingly share copywritten files on the internet?"

      suspect -- "i didn't know i was sharing files"

      a.d.a -- "oh come now. surely you had some idea that by installing kazaa, gaim, bit torrent, edonkey, or any of those products on to your home pc that were going to be sharing files. didn't you?"

      suspect -- "no...i had no idea"

      a.d.a. -- "let me get this straight. you built your own pc, self-installed the operating system, overclocked your cpu by manipulating those little toggle switches on the motherboard but you didn't take the time to read a faq about the p2p program you installed on your computer?"

      suspect: "no. i didn't"

      a.d.a. -- "so you are saying that you pay careful attention to every detail about your pc except for the software that's commonly used to share files?"

      suspect: "that's correct"

      a.d.a. -- "so then you knew that this software was going to be used to share files?"

      and with that statement...the suspect has convicted themselves and the jury returns a guilty verdict.

      the trouble is that we have a congress that pays attention to the people who stand to make money on the passage of this law (the mpaa, riaa, and other copyright holders) while ignoring the voice of the people who are going to be stuck paying for these copyrights (the consumers).

      add to that the additional burden that consumers bear with having to be manipulated into buying media which has copy protection schemes which limit playing a cd so that you would someday conceivably need one licensed copy for your house, one for your car, one for your portable media device, and perhaps one for your pc.

      --
      Is it 5:30 yet?
  8. Intellectual Property (No Trespassing) by creep · · Score: 2, Interesting
    As intrusive as a bill like this might seem at first glance, it bothers me that there are those who think it's their God-given right to free music or movies simply because they're available to download.

    That being said, I feel it's important to note that what needs evaluating isn't the violation of copyright, rather, the purpose and effect of copyright itself.

    1. 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.
    2. Re:Intellectual Property (No Trespassing) by khrtt · · Score: 2, Insightful

      As intrusive as a bill like this might seem at first glance, it bothers me that there are those who think it's their God-given right to free music or movies simply because they're available to download.

      As righteous as a bill like this may seem at the first glance, it bothers me that there are those who think that copyright is a God-given law, and not something some fat-walleted corporate assholes came up with fairly recently, around a 100 years ago. I really don't see any reason why copyright law shouldn't be abolished altogether. I doubt that a significant percentage of musicians, artists or computer programmers would suffer financially because of it. The only people who would loose profits are the RIAA labels, the commodity-software companies, book authors and song writers. Only the book authors and song writers have my simpathy, so I would just keep copyright for text only, just the way it used ot be before sound-recording devices ever appeared.

      And don't give me the "starving artist" bullshit. Most musicians make lots more money off concerts than off recordings. And those that do could easily compensate by doing more concerts, and selling t-shirts or what-not. And commodity software is best done OSS-style anyways.

      Now about software. Most software, line-count wise, written in the world, is custom software, written to order. Commodity software companies employ just a small percentage of all programmers. Try to think, of the software developers you know personally, how many would loose, or have to change, their jobs if the copyright law were abolished? I doubt it's more than 1%.

      I suppose, without copyright, companies like microsoft would have to get payed by the hardware manufacturers, and would make a lot less money than they do now. But they make obscene amounts of money now, and I don't see why we should help them to do that by having copyright law.

      Now, call me commie, mod me troll -1, and go pay your 10yr old sons $100,000 bail to get him out of jail where they put him for copying some stupid Britny Spears CD.

    3. Re:Intellectual Property (No Trespassing) by khrtt · · Score: 3, Insightful

      Threatening to throw people in jail for sharing files is akin to say, huge sentences for selling marijuana.

      I thought they still have huge sentences for selling marijuana. So, I suppose, they still think that solved that problem:-).

    4. Re:Intellectual Property (No Trespassing) by richieb · · Score: 2, Insightful
      [...] it bothers me that there are those who think it's their God-given right to free music or movies simply because they're available to download.

      What bothers me more is a bunch of greedy privateers who rob us of the culture we all helped to create. Getting people to pay toll for every piece of art/music/writing for 150 years is insane.

      If the copyright expired after 28 years, we would be less likely to to pass things around for free.

      Who exactly am I harming when I share recordings of Charlie Parker from 1946?

      --
      ...richie - It is a good day to code.
    5. Re:Intellectual Property (No Trespassing) by 3terrabyte · · Score: 4, Insightful
      Who exactly am I harming when I share recordings of Charlie Parker from 1946?

      The music executives. And the people they bribe. And maybe their investors. That is who you are hurting. You are easily knocking them down to the top 2% of the wealthy instead of the top 1%. You greedy bastard.

      --

      Why are there only 19 people folding@home for slashdot?

    6. Re:Intellectual Property (No Trespassing) by khrtt · · Score: 2, Funny

      Since when is marijuana a problem?

      I can't speak for your country, but here in the US marijuana becomes the problem the moment they find it on you.

  9. Got a GREAT idea.... by Yo+Grark · · Score: 4, Funny

    We'll build large complexes to house all the file traders. Force them to attend some kind of "knowledge" classes, make them pay restitution, keep them up til all hours of the night studying how good societies act, how responsible citizens should act.

    We'll ban all contraband and make sure we run them through a series of tests before letting them out.

    Oh wait, I've done my time, it was called University!

    Yo Grark

    --
    Canadian Bred with American Buttering
  10. Re:Down with this bill by jrockway · · Score: 5, Informative

    Screw what the lawyers thing, we have technology to fight them. Try Freenet. It's mathematically impossible to determine what you're sharing! Try going to jail for sharing random bytes :-)

    --
    My other car is first.
  11. Congress Outlaws internet by linuxislandsucks · · Score: 2, Insightful

    In abone head move Congress outlaws file trading amoung willing participants.. ..hmm they seem to have flunked intrnet 101 as your borwser reads afile/shares a fiel with the server to give you that nice graphical page..

    Sonny Bono must be hitting that tree again and again and again

    --
    Don't Tread on OpenSource
  12. '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?

    1. Re:'willing' vs 'knowing'? by Rufus88 · · Score: 4, Insightful

      Well, what law has ever stopped a crime

      The 21st ammendment.

  13. Let them pass this bill by jsk2001 · · Score: 2, Informative

    When people start abusing this law and the public gets fed up with it congress will be left with all the blame.

    Regardless of who becomes president for the next four years, we are still going to see more stupid laws like these in the future.

  14. Re:Down with this bill by the_leander · · Score: 5, Insightful

    I have to be totally honest in asking WTF is going on with all this emphesis on file trading? Seriously, America has the single largest murder numbers in the western world (Larger then Canada's and Europes combined - excluding ww2) I think that there are far bigger issues that the US could do with addressing then kids getting some singles on the cheep (free)..

    That said, how long until Europe decides to follow suit, well, if not Europe, England (who have their own version of the DMCA, have tried very hard to keep their copyright laws in step with the US etc etc)?

    --
    regards, the_leander
  15. Yet another reason... by Zemran · · Score: 4, Insightful

    why I am glad that I do not live in America...

    --
    I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    1. Re:Yet another reason... by Brandybuck · · Score: 2, Insightful

      Why is it anytime the US passes a stupid law the Europeans come out of the woodwork like ants all giving their thanks that they don't live there, yet whenever an EU nation passes a stupid law they're completely silent?

      At least the US doesn't have cameras on every screet corner and doesn't though people in jail for encrypting their email. The US may be moving in that direction, but you guys are ALREADY THERE!

      --
      Don't blame me, I didn't vote for either of them!
    2. Re:Yet another reason... by moofdaddy · · Score: 2, Insightful

      I'm doing pretty well over here. I've spent substantial amounts of time all over Europe (my dad's job made us move a lot) and after finally moving back to the states I have gotta say that I am doing much better here then any other country.

      Sure congress passes a bunch of stupid ass laws, but what you need to look at is enforcement, rather then the text of the law itself. 5 years from we'll see how many people have been prosecuted under this law and then make judgements.

      Btw, those of you who are saying "I'm glad I don't live anywhere near the USA" I have to ask, have you ever actually lived here? Every country has its underbelly which its not proud of, but given the choice (and the experience) I choose the United States hands down.

      --
      Be better in bed. Wikiafterdark!
  16. 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."
  17. Not worthless; It will happen by thpr · · Score: 2, Insightful
    until large percentages of people are sued (which probably will never happen), they will continue to break copyright law

    Actually, it almost certainly will happen, since it will be on the taxpayer's dime rather than the RIAAs. There is no disincentive to the RIAA asking for and eating up millions in taxpayer funds chasing down those using p2p networks.

    In my opinion, laws like this should be to defend those without the resources from those with the resources. This is the other way around (using rich government resources to support an already rich organization against common individuals). There is no reason for the government to pass new laws (since trading copyrighted files is already illegal) when the RIAA already has the ability to defend itself using existing law and resources.

  18. "Knowingly" vs "Willingly" by Aumaden · · Score: 2, Interesting
    What is the distinction being made here?

    To me, "knowingly" implies that a file is being shared with the user's knowledge. Whereas "willingly" implies the user made a conscious choice to share the file.

    What's the difference, legally speaking?

  19. Insightful, perhaps... but with a flaw. by mark-t · · Score: 5, Insightful

    Said person supposedly operating in ignorance could be given the benefit of the doubt with exactly _ONE_ warning, and given a finite interval (perhaps 2 weeks) in which to rectify the situation. Failure to comply within that interval would leave them without any excuse for not knowing they were distributing.

    1. Re:Insightful, perhaps... but with a flaw. by freshfromthevat · · Score: 5, Insightful

      Who says that the warning was received? If it is via email, what if my spam filter makes it go away?

      Do they have to deliver the warning with a "Process server" in order for it to count in court?

      --
      .. Blub falls right in the middle of the abstractness continuum. -- Paul Graham
    2. Re:Insightful, perhaps... but with a flaw. by lothar97 · · Score: 4, Insightful
      When you install some P2P software, it gives you the option to "Find media to share," and sometimes you can choose where, and sometimes it does it by itself. I imagine most non-savy users choose this default option, and share everything- because:

      1. The don't know how to share less files

      2. Users trust the software they install

      3. A popular /. complaint- they don't know any better.

      Just for kicks I search for .pst every now and then, and am amazed at the number of people who are sharing their entire outlook file.

      --

    3. Re:Insightful, perhaps... but with a flaw. by jedidiah · · Score: 5, Insightful

      Nevermind "progress".

      I don't want MY tax dollars to be wasted with this nonsense.
      I don't want that money wasted prosecuting swappers.
      I don't want that money wasted imprisoning swappers.
      I don't care to bear the social costs of ruining the lives of swappers.

      Time and money are both limited, and far to value to waste on this crap.

      Also, California has enough of it's own congressmen to push this crap without the Texas delegation contributing.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    4. Re:Insightful, perhaps... but with a flaw. by 3terrabyte · · Score: 2, Insightful
      BitTorrent is a great technology that is harmed thanks to the Kazaa's....

      Would BitTorrent even have been created if it wasn't for the problems inherent in Kazaa?

      It seems that postal mail, ftp, or http downloads were going strong for passing along legal content until Napster came along.

      --

      Why are there only 19 people folding@home for slashdot?

    5. Re:Insightful, perhaps... but with a flaw. by mark-t · · Score: 2, Insightful

      Yes. IIRC, BitTorrent was developed before Kazaa.

    6. Re:Insightful, perhaps... but with a flaw. by Lumpy · · Score: 4, Insightful

      Who says that the warning was received?

      simple. Registered mail. It has a signature and verification of delivery.

      or better yet a supeona.

      They want to make it legally sticking, then they need to pay for it. Registerd mail or someone to track down and hand deliver something is expensive.

      if the law allows an email then they might as well have written in that everyone is guilty by default.

      --
      Do not look at laser with remaining good eye.
    7. Re:Insightful, perhaps... but with a flaw. by maxpublic · · Score: 4, Insightful

      Congress doesn't amount to shit outside of the U.S. File trading will still be alive and well, sans America.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    8. Re:Insightful, perhaps... but with a flaw. by LoudMusic · · Score: 3, Insightful

      Who says that the warning was received? If it is via email, what if my spam filter makes it go away?

      Do they have to deliver the warning with a "Process server" in order for it to count in court?


      Official, legal, warnings are generally done in person with varification of compliance.

      --
      No sig for you. YOU GET NO SIG!
    9. Re:Insightful, perhaps... but with a flaw. by Kombat · · Score: 2, Interesting

      I don't want MY tax dollars to be wasted with this nonsense.

      Newsflash: Corporations pay taxes too. Ever stop and think that maybe its their taxes that are funding these prosecutions?

      I don't want that money wasted prosecuting swappers.

      I believe the ??AA themselves are the ones doing the prosecuting, and thus, paying for the litigation. I suppose public dollars may be going towards the defendants' legal bills, but public defenders are relatively cheap, and these are people who, after all, broke the law.

      I don't want that money wasted imprisoning swappers.

      AFAIK, copyright infringement is a civil crime, not a felony. That means no prison time. They'll be fined. Do you have any evidence to suggest that file swappers are actually being jailed?

      I don't care to bear the social costs of ruining the lives of swappers.

      "Ruining the lives?" How is a $3000 civil settlement "ruining their lives?" Besides, there's an easy way to avoid having your life "ruined" by a fine: DON'T BREAK THE LAW!

      Do you know anything? Everything you said was so far off-base, I can only conclude you are either trolling, or fantastically ignorant. Care to end my suspense?

      --
      Like woodworking? Build your own picture frames.
    10. Re:Insightful, perhaps... but with a flaw. by UpnAtom · · Score: 2, Insightful

      I believe the ??AA themselves are the ones doing the prosecuting, and thus, paying for the litigation. I suppose public dollars may be going towards the defendants' legal bills, but public defenders are relatively cheap, and these are people who, after all, broke the law.

      I think he's saying that your country has bigger things to worry about than chasing file swappers.

      >I don't want that money wasted imprisoning swappers.

      AFAIK, copyright infringement is a civil crime, not a felony. That means no prison time. They'll be fined. Do you have any evidence to suggest that file swappers are actually being jailed?

      I guess you didn't read the article, or even the summary that your response was supposed to be relevant to. I quote: an escalation that could result in jail time for file swappers.

      The law being changed is one that will allow file swappers to be jailed for counterfeiting.

      >I don't care to bear the social costs of ruining the lives of swappers.

      Ruining the lives? How is a $3000 civil settlement ruining their lives? Besides, there's an easy way to avoid having your life ruined by a fine: DON'T BREAK THE LAW!

      He's not in control of who else swaps files. He does have a right to express his opinion, especially on how his tax dollars are spent.

      Do you know anything? Everything you said was so far off-base, I can only conclude you are either trolling, or fantastically ignorant. Care to end my suspense?

      I'm guessing you had a bad day and felt the need to take it out on someone else.

    11. Re:Insightful, perhaps... but with a flaw. by Catbeller · · Score: 2, Insightful

      "Newsflash: Corporations pay taxes too. Ever stop and think that maybe its their taxes that are funding these prosecutions?"

      Newsflash: not if they don't want to. Research how much in taxes the biggest corps pay. Ready? They not only don't pay taxes, they get rebates on taxes they didn't even pay. Microsoft, for instance, doesn't pay income tax. They have no income.

      Really.

  20. Re:Because we all know that... by fracai · · Score: 4, Insightful

    That's interesting because everybody accepts cops setting up speed traps and using radar guns to catch speeders. And investigating murders and fraud in order to capture criminals. Yet we don't like the idea of an organization that would police the internet in order to stop the theft of music and movies. Without considering the state of the music and video industry, downloading mp3s and ripped movies without paying for them is illegal. Whether the laws need to be adjusted to allow copyrights to expire or prices to come down is beside the point. Right now these things are illegal, but no one advocates that policing the internet is a means to making it safer or more enriching.

    --
    -- i am jack's amusing sig file
  21. So how did the congresscritters vote? by JeanPaulBob · · Score: 2, Interesting

    My google-fu must be on the fritz today; I can't find a website telling me how representatives voted on this bill. Can anyone else do better?

    1. Re:So how did the congresscritters vote? by mcmonkey · · Score: 3, Informative
      "On a voice vote, the measure passed the House and will now be sent to the U.S. Senate."

      A voice vote occurs when Members call out "Aye" or "No" when a question is first put by the Speaker. The Speaker will say, "As many as are in favor [of the question], say `Aye'." Then the Speaker will ask: "As many as are opposed, say `No'." http://www.house.gov/rules/voting_house.htm
      So unless you were there to see your reps. say 'aye' or 'no' you don't know how they voted.

      Full bill details with summary and status info: http://thomas.loc.gov/cgi-bin/bdquery/z?d108:H.R.4 077:

  22. Re:Because we all know that... by MisanthropicProgram · · Score: 2, Insightful
    Yeah! And when you're caught, you're charged with:

    possesion

    with intent to distribute
    and any other bogus charge that will get you sent to jail to do hard time for something that really doesn't harm anyone.

    Think of all those people who are doing hard time for just having one joint!

  23. Anyone with a virus could be prosecuted. by www.sorehands.com · · Score: 2, Informative

    If you have an infected machine that has an open exploit, you may be prosecuted since you willingly run a machine that is on the internet. That you didn't make sure that there was no open shares, ftp servers, or virus that might allow others to use your machine for sharing files.

  24. Re:Because we all know that... by Maestro4k · · Score: 4, Insightful
    • Because we all know that passing laws to make, say, speeding in cars, murder, fraud etc. illegal has put an end to all those activities.
    And regular lawsuits against multiple people trading files online, including 12yo girls and grandparents who didn't even know that their grandkids had installed the software have worked too. But yep, a law will do the trick, heaven knows people won't break a law but are happy to risk financial ruin.

    What do we expect though? It seems that one business or another owns every member of Congress, "We the people" is now "We the corporations" as far as representation in Congress goes. *sigh*

  25. Purpose of law? by nightfire-unique · · Score: 2, Funny

    Clearly this law is incompatible with American society.. tens of millions of people cannot be wrong.

    --
    A government is a body of people notably ungoverned - AC
  26. Sponsor of the Bill, Representative Lamar Smith by cOdEgUru · · Score: 4, Informative

    is known to make party line stance on virtually all of the issues ever to encounter, that its hard to envisage this guy has ever in his life, thought for himself, used his god given intelligence to seperate himself (or others) from the party line rhetoric, or to atleast understand the laws he is responsible for passing in the house.

    A few of his noted yes/no votes can shed a lot of light on where he stands on the issues:

    (1)Voted YES on allowing school prayer during the War on Terror - Yes praying as a collective does help in cleansing terrorism.
    (2)Voted YES on giving federal aid only to schools allowing voluntary prayer
    (3)Voted NO on raising CAFE standards; incentives for alternative fuels - Wants to rely on Oil and dont want the Automobile industry to answer to better environmental standards.
    (4)Voted NO on prohibiting oil drilling & development in ANWR. - Arctic National Wildlife Refuge, enough said!
    (5)Voted YES on speeding up approval of forest thinning projects - Apparently want the rest of the US start looking like Texas (no offense).
    (6)Voted YES on Permanent Normal Trade Relations with China - Yes, Cuba - BAD, China - GOOD!!
    (7)Voted NO on $156M to IMF for 3rd-world debt reduction - Handouts are good when its to your automobile industry cronies and to big corporations, bad idea when its to third world countries.
    (8)Voted NO on campaign finance reform banning soft-money contributions - No Finance Reform!! Period!
    (9)Voted YES on decreasing gun waiting period from 3 days to 1 - By God! Yes, we all know how excruciatingly painful it is to wait 3 days for appropriate checks to be made..
    (10)Voted NO on allowing reimportation of prescription drugs - We really believe you should pay 20$ for that tylenol pill instead of 30 cents if you were importing it from Canada.

    What pisses me off is that even if Kerry wins this November, the senate and the house under Republican control will end up making him an acting president and not a real one. Not that I think a Democrat controlled house and senate is any better. I just want politicians to really understand the bills they sign and talk to people who these laws ultimately affect.

    1. Re:Sponsor of the Bill, Representative Lamar Smith by cOdEgUru · · Score: 2, Insightful

      (2)Voted YES on giving federal aid only to schools allowing voluntary prayer

      What part of the above did you not comprehend? The bill punishes schools that do not allow voluntary prayer. The bill favors FINANCIALLY ones who do. Which part of your brain shut down when you read that? If this is not coercion or strong arming schools in to allowing prayer, then I dont know what to tell ya.

      I have no problem against religion, just state sponsored ones. The Govt should stay the fuck out of my religion, my sexuality and the four walls of my humble abode.

    2. Re:Sponsor of the Bill, Representative Lamar Smith by Brandybuck · · Score: 2, Funny

      Huh? Maybe I should turn the question on you. Where was the "force" in there? The answer is that it's not. You argument is akin to saying voluntary meat in lunches at school (even if mom packed them at home) forces vegetarians to eat meat. After all, those that don't eat meat would be held up to ridicule!

      --
      Don't blame me, I didn't vote for either of them!
  27. Re:Down with this bill by phats+garage · · Score: 3, Insightful

    Murder victims have little effect on corporate contributions.

  28. This is what you wanted slashdot by Anonymous Coward · · Score: 2, Insightful
    When RIAA went after napster everyone was up in arms saying that the technology was fine, just go after the people who abuse it and break the law.

    Isn't that what they're doing now, going after those breaking the law. You can still file share legal stuff all you want.

  29. Re:Those who vote... by Anonymous Coward · · Score: 2, Funny

    Pretty much anything online is copyrighted these days. No sharing of URLs with anyone anymore, about interesting articles?

    Saheed, it is the Democrats who have the vast majority of the uber-rich on their side, and the corporations as well. The GOP has become the party of the middle-class. Things have changed in the last 60 years. If you've been following this, you will also know that plenty of pro-Constitution, anti-State-totalist people - right-wingers in your definition - have been fighting this sort of legislation.

    But then, your post might just be work of Al Queda, as their goal is destablizing western civilization (what's left of it) in order to subject the dar al harb to the sword.

  30. An Unjust Responsibility Shift by Murdock037 · · Score: 5, Insightful

    This is a great example of the ways in which big business can manipulate government to its advantage.

    It's perfectly within reason that copyright holders can sue, , in civil suits, to stop the unauthorized distribution of their works. Copyright violation is a matter between two parties: the copyright holder and the violator.

    But with a law like this, the onus to police copyright matters falls on the government, and not the copyright holder.

    What we're seeing is a push by big business, through legislation, to reduce their attorney fees. When copyright matters are criminal cases, not civil actions, the violators are punished-- justly or not-- at the expense of government, rather than at the expense of the corporation.

  31. No More Room! by blueZhift · · Score: 4, Funny

    Hmm at this rate we'll soon have to put murderers, drug dealers, rapists, and terrorists out on the street to make room for all of the file swappers we're putting in jail! I know I'll feel a lot safer that way, and Britney will be able to sleep at night safe and secure in the knowledge that record company profits are secure!

  32. Culpability levels... by applemasker · · Score: 2, Informative
    That's what this article (poorly) attempts to talk about.

    Different laws (criminal and civil) punish actors differently based on not just the act itself, but also the actor's state of mind.

    Generally, commiting the same act intentionally as opposed to recklessly or negligently will bring on a harsher penalty. Intentionally aiming a rifle at someone and shooting is punished more harshly than if the gun goes off accidentally and kills them. The victim is just as dead in both cases, but the first actor will probably be punished more severely than the second.

    In this case, the House seems to have lowered the bar to include both intentional and willful conduct (there is probably a subtle difference between the two) but not negligent or reckless conduct. All of these terms are (or will be) defined elsewhere in the Act or in the U.S. Code. Without knowing what the devil Congress means by these qualifiers, it's hard to say what exactly has been passed. Odds are though, it's not good.

    My guess is that if one is found to be sharing more than X number of files (or transferring X amount of copyrighted data) the law will provide that the requisite level of intent has been met.

    --
    Bush Lies On the Record.
  33. The worst part: by geekpolitico · · Score: 2, Insightful

    This bill came up as a Suspension Bill in the House. Suspension bills are usually only lightly debated (if at all), are unable to be amended, and must pass by a 2/3'rds majority.

    The most common use of a Suspension bill? To rename a Post Office.

    I honestly don't know much about this bill, and while the average /.'er may know more than the average American, I doubt any of us know a ton about what it specifically does.

    It is shameful that this bill was put up and passed without any serious debate or review (outside of committee, if even there) by the actual Members of Congress.

    Oh well, it happens all the time.

  34. 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?

  35. Ayn Rand on "making crime" as a tool of the tyrant by D4C5CE · · Score: 4, Insightful
    There's no way to rule innocent men. The only power any government has is the power to crack down on criminals.
    Well, when there aren't enough criminals, one makes them.
    One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.
    Atlas Shrugged (1957)
  36. 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
    1. Re:Mod Parent Up! by xa0s · · Score: 2, Insightful

      I would say that what slashbots say and want are not necessarily contradictory, but rather hint towards a different ideal regarding intellectual property.

      If we MUST live with idiotic laws saying what we can and cannot think/write (ie. ridiculous copyrights, software patents), then yes, at least we have the GPL protecting our work from exploitation.

      On the other hand, in a world with no such laws, ideas should/would be free and open (including Music) for everyone, and supporting p2p sharing just re-inforces that.

      GPL == necessary for current fscked up world
      P2P Sharing == ideal of what world should be

      doesn't seem contradictory to me.

    2. Re:Mod Parent Up! by HolyCoitus · · Score: 2, Interesting

      I'd say I am an average Slashdotter, and I think you are missing the point. I would like strong copyright laws protecting commercial gains and financial incentives and possible civil actions to protect non-commercial copying and distribution. I don't think that someone who violates the GPL should go to jail for 6 years.

      If I download a song I never plan on buying because I want to listen to it 10 times or add it to my playlist, it is no different than listening to the radio. It's just on my terms instead of someone else's. You can say I should pay my 150,000 dollars in civil damages or go to jail for a few years, but I think you're wrong. Congress agrees with you, but I could care less about them.

      Because of everything, like every non-hypocritical Slashdotter, I have stopped listening to RIAA controlled music besides the few cds that I bought before that I couldn't part with, and gave away or sold all the others. Grateful Dead concerts should be enough to tide me over anyhow.

      I'm willing to compensate someone for their work in the way they want, as long as they don't attack me over it. That's the way a lot of other Slashdotters I know are. They realize that copyright law doesn't need to be militant among the people to work. It's fine though. If things get too bad normal people will notice and things will change for the better. Until that point, it will be frogs boiling.

      /me end rant

      --
      That's scary.
  37. Bill needs exception by LightSail · · Score: 3, Informative

    Any copyright enforcement bill needs the exception for Senators that use unlicensed software:

    http://www.wired.com/news/politics/0,1283,59305, 00 .html

  38. Re:Taking the mens rea out of it?! by spinfire · · Score: 2, Informative

    Note that there are other crimes where no mens rea is required: Statutory Rape is one of them, serving alcohol to minors is another. Personally I disagree with having no requirement for a mens rea component in those crimes. But, in the eyes of the law mens rea is not absolutely required.

    I am not a lawyer, I'm a computer engineering student taking a law class :)

  39. In America , property rights trump all others by hwestiii · · Score: 2, Insightful

    This sort of fascinated and horrified me when I finally realized it was true, but then upon reflection, one sees that the U.S. was essentially born out of a property rights dispute with the English crown(taxation without representation), and in the Civil War, nearly tore itself apart over a property rights issue, that being human slavery.

    I guess we take them seriously here.

  40. Re:Down with this bill by Linker3000 · · Score: 2, Funny

    In other news - SCO files a suit against any Freenet node holding the consecutuve bytes 0C 0F FF FA because that code sequence comes from one of their SCO UNIX binaries.

    --
    AT&ROFLMAO
  41. Absolutism at work by microbox · · Score: 2, Insightful

    Murder rates (even in the US!) are down since the introduction of the court system. The period of introduction is different in different parts of the world, but were-ever it's been introduced, it seems to have played a large part in stopping people from killing each other (vengeance belongs to the judge)

    Fraud is, and has always been a huge problem. It seems that we find fraud less abhorrent to murder. For example, if you were talking to a guy in a bar, and he told you he'd got out of jail for [murder|fraud] would you re-act, at a basic level, more negatively to murder? I think many people would.

    As for speeding... since the introduction of laws, a campaign by the police, both in the media and on the roads, both speed and road injuries due to speeding have decreased dramatically in Australia.

    The real change came when speed cameras were introduced... everyone slowed down since there was no chance you wouldn't get caught if you speed habitually. Now everyone just drives at the speed limit and it's not a problem.

    In brief, my point is that laws _can_ and _do_ help. My point is not that we need more laws, or that this particular law is a good idea.

    A democracy introducing a law that makes most of it's citizens into criminals for the benefit of a few seems a little... ironic?

    --

    Like all pain, suffering is a signal that something isn't right
  42. Yep by Junior+Samples · · Score: 2, Insightful

    Yep, Here in the US, We have the best politians that money can buy. This is just another example.

  43. YOU can make file sharing legal by MichaelCrawford · · Score: 4, Informative
    It is within your power to put a stop to this nonsense. But you have to act now.

    In Change the Law I point out that while the Constitution allows for Congress to enact copyright laws, it doesn't actually require it to do so. Copyright could be repealed tomorrow if we could get enough votes in Congress to do so.

    If you don't think this could happen, consider that there are more Americans sharing files via peer-to-peer networks than voted for George Bush in 2000.

    In my article I detail a number of steps you can take to bring about much needed copyright reform. My suggestions are that you:

    If you feel as I do that more people need to read my article, you can help by linking to it from your website, weblog, or from other message boards.

    If you're a US citizen and 18 years of age or over, you can vote in November. But to do that, you must be registered to vote in your state. The voter registration deadline for most states is just a few days away, October 2nd for most states. So register today! Rock the Vote can help you with registration.

    If you're a US citizen residing in a foreign country like me (I live in Canada), you can register to vote with the form you can obtain from the Federal Voting Assistance Program. You can register to vote in the last state you resided in in the US. But again, your registration must be received by your state by the deadline, so either express your application, or fax it, if a fax number is available.

    (If you've never lived in the US, but one of your parents was a US citizen, then you're a US citizen too and you can register in the last state your parent resided in.)

    If you want to make a campaign donation, a good choice would be Representative Rick Boucher. Rick Boucher has worked tirelessly for copyright reform, as you can see from his article Time to rewrite the DMCA.

    --
    Request your free CD of my piano music.
  44. Only Public Property by beanlover · · Score: 3, Insightful

    Only public property is considered a free-speech zone really...and even then it only applies to the government...not individuals (which is beside the point you are making). If you are in my house and use language I don't approve of I can have you removed because I own the property (actually I would ask you to leave first...then have you removed if you didn't comply).

    Real (as opposed to personal...i.e. land ownership) property rights are what should trump everything else.

    Unfortunatly these rights are being eroded as well. Thst is why "...life, liberty, and the pursuit of happyiness" used to be "life, liberty, and property".

    Vote the peeps out of office that erode these rights already!

  45. Freenet? Blech! by BenEnglishAtHome · · Score: 2, Interesting

    Let me slightly re-edit and repeat something I previously posted to /.

    Concerning Freenet, countless times I've read that once you've been online for a while you will find that you achieve downloads more quickly, and you will have a better experience. However, after a couple of weeks of continuous use, my Freenet experience is no better than at the beginning - awful. It's slow. It's impossible to browse around at random to get the feel of the place. It's extremely difficult to find anything. Unless I'm missing something major, it's nigh onto unuseable.

    Would somebody please tell me how Freenet is supposed to work? I must be missing something because what I'm seeing surely isn't what was intended unless the designers just happen to like dishing out pain...

  46. 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
  47. Lose the language, and you will lose the war by lynx_user_abroad · · Score: 2, Insightful
    If we lose control of the language in this debate, we will lose the war.

    For the longest time it has irritated me that "the other side" doesn't get it when talking about file sharing and peer-to-peer. There's always a sense that the only thing these technologies are good for is infringing copyright.

    Now I'm beginning to see our side talk about it that way.

    This will not do. Leaving aside any discussion about whether sharing copyrighted files (against the will of the copyright owner) should or should not be illegal, we have to face the fact that it is.

    But we must also never forget that sharing files (even copyrighted ones) within the will of the copyright owner is legal. If we forget that, then we surely will lose this war.

    The effect of making it illegal, or even more illegal to infringe using p2p will simply clear the way for a culture where those copyrighted works which allow sharing replace those works which don't; a victory for those who create.

    The effect of making it illegal, or even more illegal to use p2p at all hands the victory to those who own other peoples creations and exploit them for profit. RIAA, MPAA and crew.

    I just can't understand why young people today are willing to forgo their only chance to create a culture for themselves in exchange for a chance to buy (or obtain illegally) a piece of somebody else's culture.

    Come on, now. Boy George just wasn't that good.

    --

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

  48. In Bush's America by FreeUser · · Score: 3, Funny

    In Bush's America, Laws Break You!

    [/would be funny if it weren't true]

    --
    The Future of Human Evolution: Autonomy
  49. HR4077 by Anonymous Coward · · Score: 2, Interesting

    I watched with horror as this bill came to the floor on CSPAN yesterday. It only highlighted how poorly our government is run.

    For half an hour, the proposing legislator used the work "piracy" as many times as he could, which by itself shows that they cannot distinguish piracy from infringement, and therefore shouldn't be allowed to write copyright legislation, much less comment on it. These scare tactics are unacceptable.

    Furthermore, there were maybe 5 or 10 representatives listening. What exactly are they paid to do if not sit there, read the bills, and vote on them? Very eye opening!

    And finally, as the representative said, "for the efficiency of time," this house resolution also includes a proposition that the oak tree be the national tree. Wow, copyright, and trees. I see the relation.

    Ugh.

  50. Wrong analogy by mangu · · Score: 2, Interesting
    "But officer, I did't know selling heroin to second graders was against the law, I swear"


    The right analogy would be "But officer, I didn't know I was selling heroin to second graders. The wholesaler told me that this white powder was sugar and I believed him."

  51. Re:Because we all know that... by d34thm0nk3y · · Score: 4, Insightful

    That's interesting because everybody accepts cops setting up speed traps and using radar guns to catch speeders.

    Well, you don't do time when you are caught speeding. Which is even more psychotic because driving dangerously can actually get people killed whereas pirating music could potentially lose someone a tiny amount of money.

  52. anonymous p2p by kardar · · Score: 2, Insightful

    It looks like, if you really look at it with a sense of "the big picture", that the U.S. Govt. doesn't like the internet. Just like it's easy for citizens and average computer users to be "infringing" without knowing or realizing it, it's easy for the legislators to be disliking the internet without realizing it. So the end result is, is some ways, not unlike China - although on the surface it simply appears that the legislators want to pick and choose those parts of cyberspace that will please the campaign contributions for the incumbents. But they are rapidly becoming enemies of the internet and free speech, without even realizing it.

    But it's also time to move on. It's not the responsiblity of the content distributors to enforce copyright laws. So in that sense, this bill makes some sense - if there are laws to enforce, it's the government that should be enforcing them.

    The problem is that it's way to easy to get in trouble without even realizing what you are doing - sort of like driving a car that has no speedometer - better yet, driving a car that has no windshield so you can't see who you are running over. Anonymous p2p is going to solve this problem in the future. It is going to 1) further free speech, freedom of expression, and create a forum where artists and fans can share and learn and experience new things; 2) protect unwitting, inexperienced computer users from breaking harsh laws unknowningly. It may also protect parents from their kid's evil friends, and roommates from each other.

    Furthermore, I don't see how you can pass a bill that places the enforcement of a three-year or greater felony in the hands of minimum-wage movie theater employees. Someone is bound to get hurt.

  53. Re:Down with this bill by LnxAddct · · Score: 2, Interesting

    Crime is exponential in nature. America's population is as much as 5 times larger then some of the places you listed (or places you may have implied), the exact rate of increase I don't know, but I do know that means that America's murder rate should be significantly higher then 5 times what ever country you sampled. The following data was pulled from here. Now unfortunately the data is slightly old, but for everything I'm citing, its all less then a decade, which is reasonable. As stated earlier, the United States' population is approx. 5 times that of England's, because of the exponential increase in crime, our numbers should be at least (if not much higher) then 5 times England's. However, the United State's total homicide numbers are only 4.04 times larger. It seems we are doing something right. Our homicides by firearms are significantly larger, but all that this proves is that if you take away someone's gun, there are still plenty of ways to kill someone, and the folks from England seem to do just fine in finding alternatives. Germany seems to be doing pretty good as far as first world countries go, and interestingly enough, they fall just in range of a reasonable exponential increase when comparing them to the US. It seems that despite all of the hype that England gets for its gun laws, something is still lacking. Keep in mind, that Germany and America both have a significantly higher number of households with guns then England does. So although our numbers are large, they are no worse then is expected and better then Englands when you take into account other factors. My point being that humans will kill regardless of what you give them (or take away). Most murders, as far as the US goes, and I'd assume the rest of the world in general, is crime on crime anyway. Some would argue that we should just let the criminals keep killing eachother, whether you find that a sane oppinion is a personal preference. ( I personally would change that statement around a bit,as crime on crime murders still do affect normal law abiding citizens) I hope this helps in getting a better oppinion or at least a more clear picture from a different point of view.
    Regards,
    Steve

  54. Re:I don't see any problems with this by JJahn · · Score: 2, Informative

    Illegally "sharing" files wasn't a crime. It used to be a civil matter that could be dealt with by lawsuit in civil court. That is what the big recording companies are trying to change. They want to put the burden of prosecuting file sharing on the government so they can reduce their lawyer fees.

  55. Exactly by BoomerSooner · · Score: 3, Insightful

    Just what we need. More stupid fucking laws keeping more Americans in jail per capita than any other country in the world.

    "Land of the Free" is the biggest bullshit line I've ever heard/read.

  56. Re:Perhaps because... by 3terrabyte · · Score: 2, Interesting
    Holy crap.
    How can you trust anything they say? Let alone a statistic that they're spouting off to make themselves feel important?

    Do you remember the news article of how a couple people were arrested for running a "monstrous CD pirate factory"? It was written that they had about 50 CD Burners running non-stop. Turns out it was only 6 CD burners, but they multiplied it by a factor of X, because cd burners are X times faster than they used to be.

    So the movie industry is trying to tell Congress how important they are. They try to credit themselves for 5% of the U.S. GDP. I agree that sounds impressive. But the US GDP is about 10 Trillion dollars. 5% of that is 500 Billion dollars. Obviously, the movie industry is only a fraction of that. What makes up the other 90% of that 5%? Music, TV, books, games, software... Anything relating to copyright.

    The movie industry is in competition with other entertainment markets. For me, namely computer games, since they're the highest rising related market. Yet when it comes to looking 'bigger', they'll gladly include themselves in the bigger group. When they fight for laws, it's laws to protect the movie industry.

    It is now a felony to video record inside a movie theator. Movie sales are 2 billion dollars a year, so that is 0.02% of the GDP.

    What I would like to see stats for is what percentage of "all this money" they have goes to the actual workers vs. executives. I'm sure the Music Industry would find themselves at the bottom of that chart, so you dont' see them bragging about that.

    I'm all for fair laws. But when shoplifting 100 CD's carries less fines & jail time than potentially sharing 900 songs, I think there's something wrong. Selling drugs inside a movie theator gets you less than the felony that the video taper will now get.

    Want fair laws? Let's fine each of the music executives 500% of their annual salary each time they're caught price fixing! We will "let" them settle out of court if they pay 30% of their annual salary.
    If a student has to fork over $4,500 dollars they don't own (or face $300,000 if they lose) then I think it's only fair. Why are millions of americans "crooks", when it's the music executives themselves who have been busted at least twice for price fixing. Not to mention sued thousands of times by artists for breach of contract, and a million other things that don't make headline news.

    --

    Why are there only 19 people folding@home for slashdot?

  57. Ants P2P -Encrypted Proxy Chaining P2P by microbrewer · · Score: 2, Informative

    There needs to be a Slashdot story done on the following application that is breaking new ground on almost a daily basis .Soon there will be Jabber support for this application via Jeti Java Messenger http://jeti.jabberstudio.org/ .

    Ants P2P Website
    http://www.myjavaserver.com.nyud.net:8090/~gwren/h ome.jsp?page=custom&xmlName=ants
    Ants P2P Sourceforge Page
    http://sourceforge.net/projects/antsp2p/

    Ants P2P Features

    * Open Source Java implementation (GNU-GPL license).
    * Multiple sources download.
    * Torrent download from partial files.
    * Automatic resume and sources research over the net.
    * Search by hash, string and structured query.
    * Embedded support for etherogeneus data types (not only arrays of bytes...).
    * Completely Object-Oriented routing protocol.
    * Point to Point secured comunication: DH(512)-AES(128)
    * EndPoint to EndPoint secured comunication: DH(512)-AES(128)
    * Automatic serverless peer dicovery procedure.
    * IRC based peer discovery system.
    * IRC embeded chat system.
    * Full text search of indexed documents (pdf, html, txt, doc etc) -> QUERY REFERENCE.
    * Distributed/Decentralized Search engine
    * HTTP tunneling.

    The programers answers to all those damn FAQ's

    1) ANts supports point to point encription (AES 128 - DH 512)
    2) ANts supports endpoint encryption ( " " )
    3) ANts supports multipath routing for packets
    4) ANts supports preferential connections (to create a fast backbone and
    to let everyone going faster)
    5) ANts supports PARTIAL DOWNLOADS and it has a unique and very
    innovative system to do this (in theory it could be better than
    bittorrent inspite of routing overhead and speedes reached on LAN showed
    this!)
    6) ANts supports AUTOSEARCH SOURCES function for active and interrupted
    donwloads, if your donwload pass in the interrupted box this DOES NOT
    MEAN that you have lost it... it is just paused and it will restart as
    soon as possible!
    7) ANts can find partial files through normal queries or queries by hash
    since version 0.4.1 beta!
    8) ANts supports FULL TEXT indexing and do searches over full file
    content and FULL FILE PATH LOCATION.
    9) ANts will (perhaps) support instant messaging integration
    10) ANts IS NOT a simple IRC client
    11) ANts relies on ad-hoc network theory as well as MUTE
    12) ANts is strongly beta... this means it is not intended to be dummies
    probed!
    13) ANts releases ARE NOT backward compatible, so if you can't find
    peers you probably has an old version! Use Java Web Start to be sure to
    have te newest one.
    14) ANts exploits IRC CTCP commands for initial ip exchange!
    15) ANts supports internal ip exchage during and after your first
    connection.
    16) ANts queries are cripted in an asymmetric way. This means YOU are
    the ONLY who can read you queries results. Everyone can read the query
    string but this approach reduces drastically the potential power of a
    node in trasit queries analisys.
    17) ANts uses TWO consecutive ports (Like HTTP does) default are 4567 &
    4568 but you can change the lower getting automatically changed the
    highest. If you are NATTED you don't need two non consecutive ports,
    cause these ports are used ONLY for incoming requests. Your own requests
    are made on any free port, so you don't have to care, it can take a
    little bit more to obtain your first connection if you are natted, but
    ANts can work with natted peers as well as with unnatted ones without
    ANY difference
    17) Internal protocol is not harmed by nats and firewall... so once you
    get a connection it doesn't make sense saying "I'm natted my queries are
    not working!".
    1

  58. Re:Because we all know that... by Maestro4k · · Score: 2, Insightful
    • Ohh, no? They just had to stop running the software? Horror of horror.

      Fact. If you illegally share copyrighted materials online you are in the wrong.

    I never contended that what they did was legal, only that the lawsuits have NOT stopped the downloading. Of the two examples I gave one was a 12yo girl who reportedly had only a few songs, she'd downloaded the theme song from her favorite show. In any other context everyone would be claiming she was too young to know better, but now you feel she not only should have known better it was justifiable for the RIAA to not only sue her but refuse to drop the case when the facts surfaced? What if it'd been your kid, I'm quite sure your reaction would be different.

    Of the other example the grandfather was not aware his computer was sharing songs. His grandkids had installed the software when visiting without his permission or knowledge. They downloaded some music, and left it running, set to start on startup. So the real violaters were his grandkids, he was an innocent bystander. Yet again your reaction is he got what he deserved.

    • I am just seething with anger at your tone and accusation.

    Funny that there was no accusation in my post. Wow, I point out that the lawsuits aren't working and that if folks aren't willing to stop downloading music when facing the prospect of financial ruin a law isn't going to help and you're angry about that? I suggest taking Yoga, it's supposed to do wonders for anger management. Whether you like it or not the facts support my post. There are already laws against downloading and sharing music, there are already lawsuits being tossed about galore, there are already numerous victims (yes victims, victims of an industry unwilling to change) financially ruined yet the public overwhelmingly continues to download and share music online. No law is going to stop that, it's a cultural phenomenon now. You might find it distasteful, but you know what? The sheet music printers found piano rolls to be very distasteful and illegal (which they were at the time) yet they didn't succeed in stopping them.

    • You are acting like such a child. People knowingly break the law and do so without regard for the victims of their actions deserve serious consequences. You make it seem like Congress is deciding that anyone who gets a drink during commericals is going to jail.

    What fucking victims? The artists are victims, but not of the downloaders, they got ripped off when they signed their contracts with the record companies. Those who recorded/produced/pressed/distributed the CDs are going to be your next group right? Sorry but while CD sales are down there is no proof it's being caused solely by downloading online. How soon we forget the studies that have shown that active downloaders buy more music. The music industry can claim it's because of downloading all day, and I, and many others, can claim it's because of shitty content, overpriced CDs and a bloated, immoral, antiquated industry. I suspect that it's a bit of both. But a "serious crime"? Oh come on, are you serious? We're not talking rape, murder or assault here. We're talking copyright infringment. On the list of serious crimes it's pretty damned low. I'm far more concerned about things like that being prevented that Congress wasting time and money to pass yet more laws to go after music downloaders. The way they're expanding things is frankly disturbing too. Knowingly instead of willingly? Well what's knowingly? If someone trojans your machine and starts sharing files off of it, then you find out 3 weeks later and spend 2 weeks trying to get it stopped weren't you "knowingly" sharing for those 2 weeks, even though you were trying to stop it? Yes you were, and you too could wind up in jail thanks to this law.

    And frankly your smart-ass example isn't far fromt he truth. If everyone's getting a drink during commercials and it'

  59. Home Wifi + windows exploits by nurb432 · · Score: 2, Insightful

    The combination of both, makes it pretty easy to setup 'zombie P2P' machines..

    Hard to prove it wasnt intended.. ( ie: 'willing' )

    And before you say ' people should know better and be responsible for their actions' , most average people cant figure out how to put files on a floppy.. you cant expect them to secure their 'network'..

    --
    ---- Booth was a patriot ----
  60. Press Charges against the Legislators! by Teflonatron · · Score: 2, Interesting

    Somebody needs to organize a campaing to ruthlessly enforce these laws on the close friends and family of the Representatives which passed this legislation.

    Maybe, just maybe, if the gun they were bribed for started shooting people they cared about, they would think twice about 'doing a favor' for corporate lobbyists?

    But then again, maybe not.... :\

  61. 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.

  62. Aim and my Brother by AlgebraicSpore · · Score: 2, Interesting

    Does this mean that my brother in Georgia (I live in Texas) can't send me digital photos that he has taken. The photographs are copyrighted and he is using AIM for file sharing, so this fits the criteria for the law. Furthermore would AOL be fined if people used AIM to file share. It would be shccking for the government to bring charges on the largest ISP in America for sponsoring a service that supports file sharring. I'm probably wrong but oh well...

  63. Re:and more Exactly by PatientZero · · Score: 4, Insightful
    Then spend the next 4 years trying to fix the 2-party system ok?

    Can you imagine how boring sports would be if there were only two teams? They'd each tailor their offense against the one other team's defense. There would be only slight innovation as each reacted to counter the other.

    Now look at the two party system. What gets argued about? Big vs. really big government, higher vs. much higher taxes, barely distinguishable environmental policies, ad nauseum. They keep the voters focused on issues that polarize them but aren't much acted upon in the end (or are very similar in position).

    Look, just get off your ass and vote Kerry in so we can put a stop to this insanity

    If you're in a swing state, by all means vote Kerry rather than your preferred candidate, as I absolutely agree that while Kerry is bad, Bush is far, far worse and vastly more dangerous.

    However, if you're not in a swing state, vote however you want, for more than the presidency is determined by your vote. Votes for third parties increase their campaign funding, ballot access and perceived credibility.

    --
    Freedom to fear. Freedom from thought. Freedom to kill.
    I guess the War on Terror really is about freedom!
  64. Re:Freenet? Blech! by shostiru · · Score: 2, Insightful

    Make sure you're using the unstable build and network. The stable build/network sucks. Pump up your data store size. A LOT. Read the freenet mailing list archives, this issue is discussed periodically