Would John Kerry Defang the DMCA?
dave981 writes "Over at ZDNet, Declan McCullagh asks, 'Would John Kerry defang the DMCA?' Kerry's response: 'open to examining' whether to change current law 'to ensure that a person who lawfully obtains or receives a transmission of a digital work may back up a copy of it for archival purposes.' It's not clear, though, how serious Kerry truly is."
For those who forgot their high school civics our live outside the USA...
The president cannot directly write make a law at all. Only members of the House and Senate can nominate bills for consideration. (When the "President's Budget" comes every year, some member of the House must support the bill enough to put it into "the hopper" or it doesn't get off the ground.) The president's only role in the legislative process is to approve bills that have passed both houses of Congress, and that can even be bypassed
Therefore, even if Kerry wins the presidential race, he still will have no direct impact on laws. He'll only be able to sign a DMCA repeal or softening amendment if Congress sends him one to consider.
As always happens in the even-numbered years, all of the House and 1/3 of the Senate seats are up for re-election. Right now, it's a "Republican steamroller" because Republicans control both houses and and the White house. However, the Republicans hold on to a very thin margin to make their majority in both cases, so this could completely flip or end up in a mixed state after the elections. The Congress has much more say over the laws than the President gets.
Neither politician has the moxie to say in public that he agrees with gay marriage...
That's because neither of the candidates support it. Bush doesn't support it and wants a Constitutional amendment to ban it. Kerry doesn't support it but is against any such legislation.
Strangely enough, both candidates are nearly mirroring their stances on the issue of IP theft:
Said Bush: "I strongly support efforts to protect intellectual property and will continue to work with Congress to ensure all intellectual property is properly protected...We must vigorously enforce intellectual-property protections and prosecute the violators, not the technology." He noted that his administration launched an initiative to enforce such laws and has worked closely with China to support penalties associated with violating American intellectual-property rights.
Kerry, meanwhile, has a slightly different stance. "I do not condone the illegal sharing of copyrighted material," Kerry said, though he is "open to examining whether legislative action is necessary to ensure that a person who lawfully receives a transmission of a digital work may back up a copy of it for archival purposes."
Poor Jim Lehrer of PBS, who moderated the first presidential debate, was left scratching his head about what actually differentiated the two men who would be president.
I just pointed out a major difference... Bush is against X and legislates against X (including denying rights to Americans because he wants to bring religious morality back into the country). Kerry is against X as well but doesn't have any plans to do anything about it.
Weren't paying attention to the news at the time? Like most of the people who voted for it, he said it was flawed, but it was more important to get something in place first, then they could backfix. According to publicly stated positions of the people at the time, the majority of people who voted for the Patriot Act would like to revise it.
"Convictions are more dangerous enemies of truth than lies."
He voted for it, of course.
Fellowship 9/11