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Copyright Law Mashup Moving Through Congress

The Importance of writes "The INDUCE Act may be dead (for now), but that doesn't mean that Congress won't pass any copyright laws this year. Right now, HR 4077, the "Piracy Deterrence in Education" bill pulls together a number of different initiatives to not only get the government involved in civil copyright enforcement, but change fundamental definitions in copyright, and make certain types of home video viewing illegal. The Senate version (brought to you by Sen. Hatch and Leahy) adds even more copyright law changes. According to Public Knowledge, 'The recording industry and Hollywood are making headway! Threatening bills are positioned to move possibly today or tomorrow (yes, even Saturday!) in the Senate and we need your help, now. Not only do they want to rewrite copyright law (again) to lower the standard required for criminal enforcement of copyright infringement; but now they're changing how you watch TV or DVDs in your own home! The bills (H.R. 4077 and H.R. 2391) also are written to make the way you use iTunes and WiFi a crime. '"

30 of 352 comments (clear)

  1. blah by lordkuri · · Score: 5, Insightful

    $20 says INDUCE gets tagged onto this one before it's voted on... any takers?

    -lk

  2. OK that does it. by Spy+der+Mann · · Score: 5, Insightful

    I can stand that they try to make hardware developers criminals (Induce Act vs. PS2-chip makers)... I can stand that they want to ban Kazaa (piracying is illegal)...

    but MAKING something that we already do ILLEGAL? Who do they think they are, The Sheriff of Nottingham?

    They're bringing doom upon themselves. Soon many (WAY MANY) Robin Hoods from outside the US will crush them and take from them whatever they love the most: Money.

  3. INDUCE Act a decoy by zaxios · · Score: 5, Insightful

    In the discussion about the INDUCE Act stalling, several people predicted that the plan was to have the consumer (copyright) rights proponents expend all their energy and finances on opposing the INDUCE Act and that the real draconian act would sneak by the victory parade. Looks like they were right.

  4. Cannot skip content by grunt107 · · Score: 5, Insightful

    Since when is not waching an advertisement illegal? That seems a constitutional violation - No one has a right to FORCE me to watch/listen to anything.

    If the people living in the states of the politicians sponsoring this mess would vote them out, maybe the fascist/socialist elements in our government will finally be 'mashed'.

    1. Re:Cannot skip content by zaxios · · Score: 3, Insightful

      Since when is not waching an advertisement illegal? That seems a constitutional violation - No one has a right to FORCE me to watch/listen to anything.

      If there is an implied arrangement to watch an ad in return for a service, then I guess, from one point of view, this is justifiable (if not currently legal), however offensive we may find it. Obviously, an "implied arrangment" is not a contract, hence the need to change the law.

      Title III designates the national tree as the oak tree.

      That's an interesting thing to be pinned to this...

      Title VI, the "Preservation of Orphan Works Act" (H.R. 5136)... allow libraries to create copies of certain copyrighted works, such as films and musical compositions that, in their last twenty years of copyright term, are no longer commercially exploited, and are not available at a reasonable price.

      This modifies Sonny Bono Copyright Extension Act (1998), which extended copyright after the author's death by 20 years, to 70. This provision is a commonsense development. Of course, I hope that "reasonable price" is effectively defined.

    2. Re:Cannot skip content by i.r.id10t · · Score: 4, Insightful

      If there is an implied arrangement to watch an ad in return for a service, then I guess, from one point of view, this is justifiable

      OK, and the rest of my $60/mo cable/sat bill (with no 'net service) goes to what, if not content?

      --
      Don't blame me, I voted for Kodos
  5. Sheer Greed by VirtualEddy · · Score: 5, Insightful
    It says that technology that allows you to skip commercials would become illegal. Let's see, that would include my fridge, going to the bathroom, the mute button...

    Seriously, you could argue that the advertising reduces the cost of the product, and therefore users must view them. But where does it end? Would you force people to spend 15 seconds looking at the ad on the side of a bus before they get on?

    Bottom line: advertisers should NEVER have the power to force people to look at their ads, lest our lives become a living hell.

  6. AHA! my evil master plan is working! by WhiteDeath · · Score: 4, Insightful


    If they keep this up it'll be illegal to watch movies or listen to music anywhere other than the theatre!

    wifi = re-emitting as electromagnetic radiation,
    light = electromagnetic radiation,
    therefore your television = broadcast station, same as an AP.

    Now if we can just fool them into legislating that you can't watch movies at the theatre, or listen to a home stereo either, we'll have em.

    Somebody want to invent / commercialize an ultrasonic WiFi or bluetooth protocol compatable network? That should trigger legislation to kill all audio systems :-)

  7. This might be a good thing, in the very long run. by Chrontius · · Score: 2, Insightful

    If the vast majority of clueless people who either use TiVo, or know someone who does, are told that their toy is illegal, hell will be raised, and the pendulum will start swinging the other way...

    It'll still suck for the next ten years, I admit.

  8. Re:As it has been it will be by AstroDrabb · · Score: 5, Insightful
    I hate using tired clichés but; power corrupts and absolute power corrupts absolutely
    How cliche. i am a content owner, and if I _allow_ you to _look_ at my content, I am _not_ giving you "Fair Use" rights. I am just letting you _look_ at the content! You should be glad that you are given that many rights to _my_ works of art!

    Just kidding. i am playing devils advocate here and I agree with you 100%. Tons of our rights have been stripped away in the USA. However, we have to suck it up because the Dems and Repubs have a monopoly on the voting system and prevent 3rd party candidates.

    Our law makers pretty much just give in to whoever has the most cash and let the courts (our tax dollars) pick the winner in disputes. However, most of our judges are corrupted as well. Some supreme judges ruled that corporations have "freedom of speech" and are allowed to give bribes (campaign contributions), to the law makers. It is really sad that a non-human (corporation) is given _MORE_ rights in the USA then a US citizen. As a US Marine, I say it is time for a revolution to take back what is ours.

    --
    If Tyranny and Oppression come to this land,
    it will be in the guise of fighting a foreign enemy. -James Madison
  9. Insert catchy subject here by WindowLicker916 · · Score: 5, Insightful

    First I would like to say, everyone comparing fastforwarding through a boring part of a movie or skipping past a boring part of a book as being illegal by this law are just dumb (not trying to flame). Advertising pays for your free television channels or keeps the prices down if you have a pay for service.

    With that said, yes, they can not force you to watch these ads and I do not believe there should be laws created to guarantee you can't bypass these commercials. I for one did NOT sign any agreement with any television broadcasting company saying that in exchange for free entertainment I would inturn watch their brain washing commercials.

    What happened to our representatives representing the PEOPLE. Though corporations might have some of the same rights as a person (though not being held to their crimes like a person) they do not qualify as a person and should not be represented as one by our politicians.

    This government was created by and for the people and I for one do not feel that these types of laws represent the best interest of 99.99% of the population of the United States. Tax payers money should not be spent on educating children on copyright laws. 1) It's ineffective, we've all been to school.... 2) Why not start spending tax payers money of educating kids at school on why product A is better than product B?? Or better yet they can teach us about Jesus!!!

    Maybe there should be some laws seperating corporations from state as we do with religion and state. And for the same reasons too....

    1. Re:Insert catchy subject here by adam+mcmaster · · Score: 2, Insightful

      Tax payers money should not be spent on educating children on copyright laws.

      Change 'educating' to 'brainwashing' and you've got it exactly.

  10. Worsens penalties-The "scoping" trial. by Anonymous Coward · · Score: 1, Insightful

    "In all seriousness, WHY do you suppose copying a copyrighted music file illegally is already a felony in most cases (along with things like murder, kidnapping, and rape), whereas running into a store and swiping the actual CD is just a simple misdemeanor?"

    Here's the primary difference. How many CD's can you walk out of the store with? How many digital copies can you distribute over the internet?

    "For those few who will no doubt comment on this article and say "blah blah, good - people swapping files are criminals and should be punished" I ask you this - does the punishment even come CLOSE to fitting the crime?"

    So how much crime does there have to be, before the punishment does fit the crime, and why is the line drawn so arbitrarily?

    "And now they want to make the punishment even more harsh?"

    As I've said elsewere piracy (not just now, but piracy in general) has turned this into a war situation. Wars do one thing and one thing only. They escalate, and people get hurt. Ego unfortunately is invested on both sides, and neither side will back down.

    1. Re:Worsens penalties-The "scoping" trial. by Ghostgate · · Score: 4, Insightful

      Here's the primary difference. How many CD's can you walk out of the store with? How many digital copies can you distribute over the internet?

      But that's not really the issue here - because even if I could walk out with 100 CDs, and then went and distributed just ONE song to just ONE person... well, the penalty for the latter is still significantly more severe, and that's not right.

      So how much crime does there have to be, before the punishment does fit the crime, and why is the line drawn so arbitrarily?

      I don't know how much there has to be, but it has to be a LOT more than this. They can already sue for damages up to $150,000 per SONG. That's before I even get into potential prison sentences.

      Not only that, but there is not even a direct correlation between a shared song and lost revenue. Some songs shared influence people to buy a CD - and so that shared song actually earned revenue. Then there are others who do replace the purchase of the music, and cause lost revenue. The majoriy make no difference, as they would not have been purchased anyway. Now in that last case, I'm not saying it's still "right" to go ahead and do it. I'm just trying to put this into the proper perspective.

      A CD stolen from a store, on the other hand, IS lost revenue, plain and simple. Not to mention it's probably 10-15 songs that are stolen. The CD also has the same potential to be illegally distributed as the audio files do, since it's a simple matter to create the files once you have the CD.

      But back to my original analogy - do you really think copyright infringement is a crime on par with murder and rape? How can any SANE person think that?

  11. Re:Open Letter to Sen. Hatch by gorbachev · · Score: 2, Insightful

    He's not a dumbass at all. He's just greedy and corrupt. There is a slight difference.

    --
    In Soviet Russia, I ruled you
  12. Re:Worsens penalties by Wehesheit · · Score: 3, Insightful
    If you steal a car you have the potential to mow down hundreds of people.

    "potential" be damned, you can't attach penalties for "potential" and regardless of where you got the media it can be spread, why isn't the kid who shoplifts a cd charged with a felony if he has a computer? He has the potential to rip it and distribute it.

    --
    This P.I.G. will walk on the water, This P.I.G. will walk on the sea, This P.I.G. will walk whereever he wants.
  13. Re:Time to use those guns to assert your rights by tehdaemon · · Score: 2, Insightful
    Errr... What is the difference? (government vs. rotten apples)

    Until you know why we elected corruptable men to office, voting them out of office will probably result in different corrupt men in office.

    --
    Laws are horrible moral guides, moral guides make even worse laws.
  14. Re:As it has been it will be by doc+modulo · · Score: 5, Insightful

    I'm watching the US from a distance, it's slowly going to hell. A real hell where real people live right now, not the imaginary one that doesn't exist.

    I think the topic of this discussion is a side-effect. I think, the question this all starts with is: how can you stop American politicians from being legally bribed?

    It's really obvious looking from the outside in that America is rotting, it's more difficult to see from the inside because the ones that are trying to control the government, and succeeding in my opinion, are the ones that feed you information through TV.

    You guys and girls have to do something because it's going to influence the rest of the world when America, with it's giant military/industrial complex is going to hell. You either vote for Republicans so they speed up the nastyness and it's obvious to everyone. Or you have to slowly take back control. We've already had a Hitler and it gets pounded into us at school, the events that lead up to his rise to power. You want to have a live example before you realize? Or take our word for it that it's not such a good idea.

    It's so obvious to outsiders that republicans are lyars, and we're like, "why can't Americans see the truth?".

    --
    - -- Truth addict for life.
  15. Re:Time to use those guns to assert your rights by Anonymous Coward · · Score: 2, Insightful
    Good luck now that your gov't has taken away all your weapons. Ever notice that "modern" nations never have a revolution? It's because we, as citizens, don't have the means to revolt.

    The government hasn't taken away any of your weapons. They just haven't given you new ones to keep up to date with the latest military technology.

    Thus, you can't go down to the store and buy an ICBM, an aircraft carrier, a 1MT thermonuclear warhead or an M1 tank.

    If you think that either (a) it would be a good idea to make those weapons available to the general public, or (b) that you're going to ever win a revolution against the modern military with the weapons that you do have (or ever did have), then you're smoking some serious crack.

    All this nonsense about the people bearing pistols and hunting rifles as keeping a check on the government is just a red herring to keep you pacified. Take Iraq, it was awash in guns while Saddam was in power. That didn't help them keep tyranny at bay.

    Here's a tip: Forget your handguns. The last few years have shown that the most effective weapon in today's revolutionary arsenal is the suicide bomber. However, it is still highly doubtful whether even that has a chance of actually winning any conflict, and like most terrorist tactics it would be totally ineffective without heavy press coverage (which would be censored as soon as your revolution starts in earnest).

    Bottom line: when your government has the means to destroy every city on planet earth, your only options are either to work within the system to keep it under control, or (as happened in the CCCP) convince the armed forces to see your side of things. Neither of these things has anything to do with the puny peashooter weapons that you ever have a chance of getting your hands on.

  16. Re:As it has been it will be by Impotent_Emperor · · Score: 2, Insightful
    I think the topic of this discussion is a side-effect. I think, the question this all starts with is: how can you stop American politicians from being legally bribed?
    Err... with guns?

    Alright, so it won't actually stop a politician from being bribed, but it can make you feel real good aftwards.

  17. Obligatory quote by InfoVore · · Score: 4, Insightful
    This has been posted many times before whenever any big businesses use their power to 'enforce' their profits on an unwilling public:
    There has grown up in the minds of certain groups in this country the notion that because a man or a corporation has made a profit out of the public for a number of years , the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary public interest. This strange doctrine is not supported by statute nor common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped ,or turned back, for their private benefit. - Robert Heinlein, 'Life-Line'

    We need to keep repeating this to everyone we can. Its a truth that needs 100 million repetitions.

    -I.V.
    --
    "These laws they're passing won't even compile anymore, let alone execute." - anon
  18. How to garner public support for an !public bill by entrigant · · Score: 2, Insightful

    Add 1 line to the bill that is completely nonrelated:

    Title III designates the national tree as the oak tree.

    Instruct our "free" media to tell everyone about the bill:

    http://www.cnn.com/2004/ALLPOLITICS/09/28/nation al .tree.ap/

    It's good to know we can trust the media in this free country, eh?

  19. it's because.... by zogger · · Score: 3, Insightful

    ...they live in washington DC, which if you think on it, is THE most "welfare" run city in the world. Virtually every penny that gets spent and respent there has been forceably TAKEN from someone else originally. And I say "welfare" because they don't produce anything, the politicians and bureaucrats just take it! So of course they think weirdly about things. It's artifically an expensive city to live in, but, the people making the decision don't have to sweat a roof or meals or a limo ride, it's all free stuff, and when they aren't getting it by the bucket load from the public trough, bigco,inc. is lining up to give them more! Thou$ands just to go speak at some luncheon? Huh? That's employment, but I wouldn't call it "work". They lose touch with what things cost, what it really means to be joe average. To them, 20 buck CDs are chump change, they wouldn't stoop to grab a jackson if it fell out of their wallets and was blowing away in the wind. A ten dollar movie? eh, less than what they tip for a few drinks. And the big hollywood and music guys are the same way, they just don't get it on predatory pricing and how much they are charging for in essence a dimes worth of copy. Or, maybe they do and just want to keep it that way.

    THEY want everything that modern advanced technology can bring THEM, they just don't want you or me to have the same deal. That's the real bottom line in this thing, monopolization of technology,the good stuff only for the "elites", none or very limited for the proles and serfs.

  20. Re:article is misleading by 1u3hr · · Score: 3, Insightful
    Actually, copyright is automatic, but you need a way to prove it. If I seal up a copy of my book and mail it to myself, the postmark is good enough to verify copyright in court, once the package is unsealed and verified by the court.

    A common myth. You could put anything in a package, unsealed, mail it to yourself, getting the postmark. At any later time you could replace the contents and then seal it. Unless you can find a way to prove you mailed a sealed package, it doesn't prove anything.

    But you can just ask someone (anyone, but a notary would of course be better) to sign and date the bound copy (or each page), or chop and sign on a seal.

  21. Re:As it has been it will be by yoshi_mon · · Score: 4, Insightful

    You bash the Republicans, but how are the democrats any better?

    Classic retort. I love how whenever anyone questions the Republicans that someone always has to say something like the Democrats are just as bad.

    But the sad thing is that even as little as 20 years ago this was more true than it is now. The neo-cons have turned the republican party into a farce of what it's values were supposed to represent. Smaller government, more freedom (ie liberty), national independence (ie a self-sustaining nation).

    It's easy to point at the Democrats and say they have done bad things because all politicians have but the simple fact of the matter is that the Republicans have done more damage to the liberty, safety, and overall strength of the USA than anyone else has in recent history. And all for the glory, power, and wealth of the few. Stick that in your pipe and smoke on it for a while.

    --

    Really, I know what I'm doing...Ohhhh, look at the shiny buttons!
  22. This is why "flip-flopping" is nonsense by AllenChristopher · · Score: 2, Insightful

    This is why any talk of John Kerry flip-flopping is nonsense. Regardless of which candidate you support, you should be aware that voting for or against a bill on a certain subject, say taxes, does not mean what it would seem.

    A senator or congressman may vote to raise taxes because the tax raise is minor and one of the riders is really important. He may vote against gun control because the bill has a loathesome rider.

    Any representative who was honestly and intelligently representing his consituents *would* flip-flop, rather than voting on the hot button name of the bill. The result is a voting record that's speckled and looks inconsistent.

    Legislation doesn't tabulate that way.

  23. Re:As it has been it will be by A+Commentor · · Score: 2, Insightful
    It's so obvious to outsiders that republicans are lyars, and we're like, "why can't Americans see the truth?".

    You have to remember over 50% of the voters, voted against BUSH, and more voted for GORE than BUSH. Yet due to the screwed-up Electorial College (which may have served a purpose long ago but is useless now), we unfortunately got BUSH.
    --

    Looking for any old 8-bit Heathkit/Zenith software/hardware - http://heathkit.garlanger.com

  24. Re:As it has been it will be by SpaceLifeForm · · Score: 4, Insightful
    Your points are very, very good. It's truly a sad state of affairs when someone outside of the U.S. has obviously been paying more attention to the U.S. mess than more than 90% of the U.S. population itself!

    --
    You are being MICROattacked, from various angles, in a SOFT manner.
  25. tech knowledge... by zxflash · · Score: 2, Insightful

    always nice to see a group of people who are among those who know the least about technology writing the laws that will dictate how it will progress.

    --

    All the torrents you could want.
  26. Re:As it has been it will be by GooberToo · · Score: 4, Insightful

    Seriously, we have "under God" in our pledge (though introduced in the 1950's) and have had "in God we trust" on all of our currency since long before I was born.

    This is something I see all the time. You are confused. Separation of church and state, does not mean that state can not make reference to, or imply that others worship in a church. The sole intent of this is to prevent a) a national religion, b) ensure that government does not trample on the rights of other religions, c) ensure that government is not unduly influenced by church authority (eg, the Pope/Vatican), and d) ensure that those that do, or do not, practice a religion, are not persecruted by members of government.

    Specifically, as it relates to your pledge reference, it does not qualify, any more than references to god on a coin means anything, from a government perspective. This is a historically accurate statement and seeingly, recently (and historically) re-enforced by the SC.

    Those that seem to take your wacky, hardline position, to me, see as far out in left field as the wacky religious zealots are in right. Simple fact is, those trying to take "god" references off of money and out of the pledge are attempting to serve their own corrupt agenda and hide behind ignornance of "seporation of church and state".