Slashdot Mirror


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."

7 of 1,363 comments (clear)

  1. The Prez is in the executive branch... by LostCluster · · Score: 5, Informative

    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.

    1. Re:The Prez is in the executive branch... by tsg · · Score: 5, Informative
      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


      [The President] shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; [source]


      The President cannot directly write any law. But he can direct Congress in any way he sees fit. No, they don't have to listen to them, but he can be very influential. His power in this area comes from making recommendations on what Congress should be spending its time on. You can be sure that if the President wants to fix the DMCA, it will get a lot of attention from Congress.

      --
      People's desire to believe they are right is much stronger than their desire to be right.
    2. Re:The Prez is in the executive branch... by HappyDrgn · · Score: 4, Informative

      has [John Kerry] started or supported any bills that are important to you?

      Thank you. This is an important topic for me. As a Senator, your job is to pass bills and vote on bills that are important to the people. Take a look at the record, does he support your ideas? Let's take a look at the bills John Kerry has created and passed shall we...

      S.791 1999: Authorizes $53 million over four years to provide grants to woman-owned small businesses.
      S.1206 1994: Names a federal building in Waltham, Massachusetts after Frederick C. Murphy, who was killed in action during World War II and awarded (posthumously) the Medal of Honor.
      S.1636 1994: A save-the-dolphins measure aiming "to improve the program to reduce the incidental taking of marine mammals during the course of commercial fishing operations."
      S.1563 1991: Funding the National Sea Grant College Program, which supports university-based research, public education, and other projects "to promote better understanding, conservation and use of America's coastal resources."
      S.423 1987: Granting a visa and admission to the U.S. as a permanent resident to Kil Joon Yu Callahan.
      S.300 2003: Awarded a congressional gold medal to Jackie Robinson (posthumously), and called for a national day of recognition.
      S.856 2001: Increased the maximum research grants for small businesses from $500,000 to $750,000 under the Small Business Technology Transfer Program.
      S.J.Res.158 1989: To make the week of Oct. 22 - Oct. 28, 1989 "World Population Awareness Week."
      S.J.Res.160 1991: To renew "World Population Awareness Week" for 1991.
      S.J.Res.318 1992: To make Nov. 13, 1992 "Vietnam Veterans Memorial 10th Anniversary Day."
      S.J.Res.337 1992: To make Sept. 18, 1992 "National POW/MIA Recognition Day."

      In 20 years of senate, what has John Kerry done to help improve America?

  2. I'll tell you the difference... by garcia · · Score: 5, Informative

    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.

  3. Re:DCMA by osu-neko · · Score: 5, Informative
    Seeing as he voted for the Patriot Act, not likely.

    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."
  4. Re:For that matter... by Anonymous Coward · · Score: 4, Informative

    He voted for it, of course.

  5. Re:Geek Vote? by Bombcar · · Score: 5, Informative
    No, Bush actually said:

    I strongly support efforts to protect intellectual property and will continue to work with Congress to ensure all intellectual property is properly protected. Technology is a critical conduit of information and sometimes can be misused for illegal copyright infringement. Blaming the technology does not address the issue. We must vigorously enforce intellectual property protections and prosecute the violations, not the technology. My Administration has launched the Strategy Targeting Organized Piracy (STOP) initiative to do just that. I have also worked to obtain China's support for stricter enforcement and more severe penalties for piracy and counterfeiting of American ideas and innovations.