Senate May Rush Copyright Legislation
iman1003 writes "According to an article on Wired, the Senate may soon pass a bill labeled HR2391, a bill which lumps many other copyright bills. If passed the bill would "would criminally punish a person who 'infringes a copyright by ... offering for distribution to the public by electronic means, with reckless disregard of the risk of further infringement.'" In addition the bill would "permit people to use technology to skip objectionable content -- like a gory or sexually explicit scene -- in films, a right that consumers already have. However, under the proposed law, skipping any commercials or promotional announcements would be prohibited." The bill would also punish people "who bring a video camera into a movie theater to make a copy of the film for distribution" with up to three years imprisonment and fines. If any of this worries you please contact your Senators and Representatives and voice your concern."
Just remember, this is the current "lame duck" Senate, the one split 51/49. If the *AA thought they'd have an easier time with the new, more Republican Senate next year, they wouldn't be in a hurry to get this passed right now. They've got people from both parties in their pockets.
The bill would also permit people to use technology to skip objectionable content -- like a gory or sexually explicit scene -- in films, a right that consumers already have. However, under the proposed law, skipping any commercials or promotional announcements would be prohibited.
Say WHAT???! The article wasn't clear about how this would be accomplished (not allowing us to skip commercials) but I assume the commercials would be flagged, and any new hardware must respect the flag's autho-i-tay.
And who are these Senators representing, anyway? Planning to FORCE our hardware to play commercials? They sure as hell aren't representing ME. Bunch of streetwalkers, they are.
***sigh*** I have a TiVo now, and there is no way in HELL I will EVER watch another commercial again. In a way, I hope these shitheads actually DO get their way, and FORCE my hardware to play all commercials. That would be a sure way to get me to unplug the goddamned thing once and for all.
I have to post the obligatory Robert Heinlien quote for this:
"There has grown up in the minds of certain groups in this country the notion that because a man or 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."
Mod down people who tell people how to mod in their sigs
George, where are you?
#
#\ @ ? Colonize Mars
#
`(A) no fixed copy of the altered version of the motion picture is created by such computer program or other technology; and
;-)
`(B) no changes, deletions or additions are made by such computer program or other technology to commercial advertisements, or to network or station promotional announcements, that would otherwise be performed or displayed before, during or after the performance of the motion picture.
Does motion picture mean TV programs as well? They weren't clear enough for me. If they mean any program (like DVD Shrink) which allows you to edit video of the "original content" and remove what you want I would say that it would have damaging effects on all video editing software.
Would we have to buy/download video editing software that carried a warning that you couldn't remove unwanted commercials from products you already paid for and shouldn't be required to suffer through anyway?
Sometimes I want to sit these lawmakers in front of a limited edition, Gold copy, digitally enhanced, Supercalifragilisticexpialidocious Disney DVD with their eyelids taped open. Maybe then they would think twice about forcing every hard-working, tax paying, voting American from "editing" the content of their PURCHASED media. Then again, Disney and their marketers might pay them more than our taxes are worth
Will the end of Hatch mean the end of crap or will the big bucks be able to corrupt a whole new group of lawmakers?
please spell "concern" correctly.
I'm sure "SlashdotMedia" will improve on all the wonders that Dice Holdings blessed us all with
It's good to know the best Government money can buy.
I'm also glad they are protecting me from those dangerous Canadian prescription drugs.
What will be the penalty for going to the bathroom during a commercial break? Hey, it's no less ridiculous than some of Hatch's other ideas.
We should all pool our money and buy every Senator a TiVo, then send someone to their house to show them how to program the 30-second skip. This bill would be killed after about a week of them getting addicted.
Denver Isuzu Suzuki
I'll be suing on the fact that the commercials aimed at my children are offensive to adults.
Last one in jail is a fascist.
Did not read the article. I assume it is a US thing.
It is a very strange idea. Why would you want to skip the sex scenes but not the ads??
Why did you guys vote Bush in anyway? Oh, that's right, you're stupid.
Is it just me or are any of you sick of advertising too? Seems like I can't do anything outside of my own home without being exposed to advertising in some form. (I sold my TV years ago.) Now they are legislating advertising?!? How long before the adblock extension in firefox becomes illegal? Sorry, not trying to troll here but am feeling a bit frustrated. (and being in DC without any legislative voting representation I can tell you there is not much I feel I can do about it.)
Seems like everyday there is more and more reasons to start using I2P and or Freenet. Frankly I'm not worried, in part because I don't live in the USA :), because of these anonymous
P2P applications. If these weren't around, I'd be freaking out more ;).
http://www.aipla.org/Content/ContentGroups/Legisla tive_Action/108th_Congress1/House/hr2391.pdf
now that you've read what they're voting on (even if they probably haven't) write or e-mail your representative.
-Teiresias
Wouldn't this also ban Adblock from Firefox? From the sound of it, it would, and if ads are forcibly viewed, it sounds like they'll forcibly allow adware and spyware soon too.
Striking fear in the authors of godawful fanfiction, I am here, appearing in darkness, Tuxedo Jack!
Come on people. Right to your senators. Let them know this is not acceptable to you. You've only got 2 of them and they've got a webform. Give "fair use" two minutes of your time. Here is what I sent in:
Dear Senator,
I write to you today in opposition to H.R.2391 which seeks to lump several controversial copyright bills into one for swift passage through the lame-duck session of congress. Copyright law exists to protect the interests of the citizens, not just those of corporations. This bill harms the "fair use" rights of citizens and puts too much power in the hands of the "entertainment" industry, among others. These bills deserves at least the chance to face fair and open hearings and to be debated carefully. Please vote against this bill.
Many commercials could be considered offensive. What if you don't drink? What if you don't want your kids to demand sugar cereals? What if you don't want to know about the benefits of Viagra?
Lasers Controlled Games!
This is about broadcasting, time shifting, and the notion of "copyright" as it relates to the combination of content and advertising. No one is stopping you from editing the movie or whatever in your own home, it involves redistribution.
It would have nothing to do w/Tivo as there is no "redistribution". It's just a recording that you are fastfowarding through. It might affect those Tivolike devices that skip the commercials automatically though.
Like I said in my post... They were never specifically clear in what a "motion picture" is and because they also claim that recording a "motion picture" in a theatre with a camera is a punishable crime I would go out on a limb to say that they WERE NOT talking about TV and they WERE talking about movies.
At the risk of being redundant, just what in the flaming, farging heck does that mean, "skipping any commercials or promotional announcements would be prohibited"?
If it means what I think it means, then this corporate control of the federal government has gone far enough.
When it's gotten to the point where the federal government is actually proposing criminalizing the use of technology to ignore a corporation's mind-numbing commercial pabulum, then it's perfectly obvious to me that what needs to be overhauled is not copyright law, but the whole damn government.
And up to three years in prison for camcordering a movie? THREE YEARS?! Guys spend less time in prison for rape!
I did RTFA, but I didn't attempt to plow through the language of the bill itself.
You are in error. No-one is screaming. Thank you for your cooperation.
Simply put a product tie-in into the sexually
explicit gory scene. There, it's an ad, so you
can't bypass it.
So, it would make it perfectly acceptable for producers to put 30 mins of promotional crap at the beginning of a DVD that *I* bought and I couldn't skip it?
I already return the ones that won't let me skip 5 mins of it, because I feel it treats me like an idiot! And now they expect better sales because of the 'extra' protection this bill allows?
And they wonder why people rip DVDs and such. Geez.
AC comments get piped to
...can be found here.
20 Minutes Into the Future...and getting closer every second.
News for Nerds. Stuff that Matters? Like hell.
The philosophy of the Republican Party in a nutshell.
I'm deeply conserned by compyright!!!!!!1111
I don't think that is the issue. The issue is the following language:
under the proposed law, skipping any commercials or promotional announcements would be prohibited
I think many are unhappy that they can't escape the commericalism that is everywhere. I think many people are overwhelmed by advertising everywhere. It is in the ballpark when you go there, and even worse, when you turn on your tv to watch a ballgame they now have advertising images superimposed behind the batters box. It is on billboards, in rural communities where before there was no intrusive advertising signs.
I think people like using their VCR or Tivo or whatever to record a show and skip the commercials. According to the story, that would become illegal.
In the end, I don't think techonolgy can keep people free of advertising. Companies know people don't like/respond to traditional advertising, so they are now using things like product placement on shows. Did anyone watche "Still Standing" last week. It ended with the main character drinking an Amstel light, and holding the bottle in a way like she was showcasing it for the camera.
Rosco: "If brains were gunpowder, Enos couldn't blow his nose."
By forcing manufacturers to lock out any commands on their remote control/dvd player/future technology while the 'advertising bit' of the digital broadcast is on. Could see this happening in the very near future.
Sure there will be hacks, as there always are, but Jane and Joe Sixpack will not be hacking their systems and simply let it happen.
What if I find the ads objectionable?
Non-rhetorical stance:
Really, what if there's an ad for say, Wonderbras, that I find explicit? Can I turn that off? This is insane. Who are they to say what I can and can't watch? Howabout turning off the TV to eat dinner when there's an ad on... is that okay? Do I have their permission for that at least? Ugh.
The Senate bill is S.2192
The House bill is H.R.2391
See the S is for Senate, the H in H.R. is for House...
Simple Unexpected Concrete Credible Emotional Stories
I don't see how this fits into the Republican ideal of smaller government. Should the government be concerned with if you decide to skip any commercials or promotional announcements? I'm sure the democrats will oppose this bill, and I would urge all Republicans to do the same. It is against the core values of your party.
PS- No matter what your political affiliation is, Do you think sending people to prison for three years who "bring a video camera into a movie theater to make a copy of the film for distribution" is a good use of your tax money? Those three years probably come to around/at least $150,000
Now, commercials are what pay for the free content. So if I watch TV, should I feel morally obliged to watch commercials? If I read a newspaper, should I be obliged to read some ads? Should I be legally required to do so? If I stop watching the commercials, will they stop providing the free content? Am I willing to give that up?
People need to have a sane discussion about these points before legislation of any kind makes sense. Either way, the death knell for free content-paid advertising may already be audible. Anyone have any ideas on this?
But as far as I'm concerned, the commercials and promotional announcements are the content that I'm most likely to find objectionable.
The bill would also punish people "who bring a video camera into a movie theater to make a copy of the film for distribution" with up to three years imprisonment and fines.
This is the good part. All of this was MPAAs agenda etc... But people carrying cameras into theaters is a big part of how they gathered public momentum (political momentum was acquired on a COD basis)
I found this interesting:
The groups that lined up against the bill include the Consumer Electronics Association, the Computer and Communications Industry Association, the American Conservative Union and public-interest advocacy group Public Knowledge, which hosted a press briefing on Friday as the opening salvo of its campaign to stop passage.
and
Hollywood's involvement has even irked the American Conservative Union, which holds considerable sway with conservative Republicans in Congress. The ACU plans a major print ad campaign this week to oppose the bill, mainly because some provisions would require the Justice Department to file civil copyright lawsuits on behalf of the entertainment industry.
"It's just plain wrong to make the Department of Justice Hollywood's law firm," said Stacie Rumenap, ACU's deputy director.
Sounds like there's some pretty good opposition lined up. Besides writing your Congressbeings, it may be worth keeping track of what these groups are up to.
"The Sage treasures Unity and measures all things by it" - Lao Tzu
Funny how the Republicans campaign against "Godless Hollywood which is corrupting our values", and then when elected immediatly rush through legislation which will greatly increase the cultural power of Hollywood and Nashville.
That said, this one is a lock. Expect it to be on the President's desk the week after Thanksgiving.
sPh
Compyright? Consern? Editors, please fucking EDIT these stories!!!
</rant>
The Senate will never pass a bill labelled HR2391, that would be a House of Representatives bill.
It wouldn't hurt to notify your Senators and Representatives anyway. Click the link, pick your state or zip and go to their e-mail forms.
only outlaws will PVR!
er... doesn't have quite the same ring, does it?
Build Your Own PVR/HTPC news, reviews, &
This is legislation by exhaustion. It is clear that there is zero popular support for any of this copyright fascism legislation, and every time a new bill comes around, the various grass roots organizations stir up a frenzy about it, because we all learned our lesson when we let the DMCA get passed.
I have decided they are just trying to tire us out. If they keep trying to push the same kinds of insane measures through by repackaging them with new insane measures, they hope we will be caught offguard and forget to protest one. Once it's passed, it's going to be damned near impossible to get it revoked, barring years of painful jurisprudence to limit its powers (witness the DMCA which only now is starting to be limited in scope by judicial precendent).
How can we make it crystal clear that we don't want more copyright restrictions and that we want our fair use rights encoded in law and guaranteed to us? We need more, well funded groups to stand up for our rights against the fascist copyright regime (and I mean that literally, as the government and big media are essentially working in lockstep on this issue, which is the definition of fascism).
However, I believe this will greatly accelerate the movement toward things like the Creative Commons and FOSS. It will be too dangerous to do otherwise. When lending a book carries a jail sentence, the market will quickly shift toward books that explicitly permit sharing. When misplacing your retail Windows XP carton lands you in prison, Linux will be on everyone's computer.
Our intelligent designer has never created an animal that we couldn't improve by strapping a bomb to it.
Funny how it's never the US who needs to harmonise with other countries where the lawmakers are not yet completely coopted by large corporate special interests. But that's because most of said special interests call the USA their home. If it were somewhere else, things would still be heading this way, but with a different nation "leading the way".
I believe it's been mentioned on /. before, but those who haven't read it should read Joel Bakan's "The Corporation". It's a very interesting read, and it will certainly open your eyes as to why this sort of thing is happening more and more. Unfortunately, Prof. Bakan hasn't come up with any suggestions as to how to deal with it that I can see working right now...
-- Your mother uses Emacs.
I think the rest of the bill is actually OK. But the non-skip-over commercial stuff is really over the top.
This doesn't benefit the majority, as is abundantly obvious to /.ers.
However, it greatly benefits the wealthy content-controllers. They have the money, and hence the power, to make it happen.
If we stop them this time, they will just re-propose the bill again and again until we fail to stop them.
Eventually, they will get what they want. They always do.
My anchor tag was flawless. Slashdot is broken.
link
-phixxr
ungggghhhh
Sorry, but as a non-American I can only laugh.
...Now these companies are turning around to the puppets they helped to elect and are expecting a return for all that commerical investment.
You guys voted in these people who had recieved A LOT of campaigning money from large companies.
Apparently this isn't corruption though. Although its hard to see how it isn't corruption when as you say, elected representatives are making decisions which stand to benefit only the select few who gave them campaign money.
will be illegal :ohnoes:
But seriously everyone, write your sentators
Heinlein references are good, but I've noticed that this discussion has a distinct lack of Sagan references. Didn't Sol Hadden get big on a gizmo for automatically skipping commercials?
I realise that research on foriegn governments may not be your thing, but if you are going to talk about them, you should know about them. The president does not make laws. Not only does he not, he cannot. He can endorse them, and he has the power to veto their passage (subject to override), but he doesn't make laws.
In the US laws are made by the legslative body congress. It is a body of two houses. The lower body, called the House of Representitives, is composed of 435 representitives. They are divided across the US based on population. The upper body is called the Senate is is composed of 100 senators, two from each state.
For a law to be made, a bill is introduced in one of the bodies of congress. The bill is then debated and voted on (there are a number of ways this can happen and most bills are killed before a full vote). If the bill passes a majority vote, it is tehn sent to the other body for another vote. If it passes a majority in both bodies, it is then given to the President to sign in to law.
So no, the President isn't responsible for this. The person most responsible is Senator Orrin Hatch, from Utah. However the president has nothing to do with this legslation, and hasn't commented on it either way. The only say he'll get is if it does pass both houses, he can veto it (which congress can then override with a 66% vote).
Please, if you are going to comment on the America political system, at least do some cursory research in to how it works. The President is the Chief Executive, meaning he is responsible for the enforcement of the law, not the creation of it. The legslature handles that.
Same thing with treaties. It is not the president's responsibility to make a treaty law. The president signs treties, but that means nothing. A treaty is not law in the US unless ratified by the Senate. The President can sign whatever they like, the Senate has the final say on if that gets to become US law (though the judiciary can override them if it is unconstutional).
I have no problem with Congress protecting copyright holder. If you come up with something original and people like it, why shouldn't you expect that work to be protected from unauthorize distribution- whatever the means. We should protect the creative impulses that make this country great. However, for the love of Lord, why do I have to sit through these lame commercials?! Why do I need Viagra for or douche or panty liners? I don't have genital herpes!!! Why is the superbowl the only time in the year we get commercial that is actually entertaining. I submit we should abandon the whole television medium and break the bond that shackle us to our couch. Live, learn, be merry, and most important be passionate.
I know sounds easier than it is. But, one day at a time, it all it takes for freedom
You don't have to be smart to use a Mac, you just have to be smart enough to buy one
"...under the proposed law, skipping any commercials or promotional announcements would be prohibited."
Does this also apply to websites? Could it soon be illegal to block pop-up ads?
I'm a Republican, and I normally try to be as law-abiding as I can. However, I am fed up with Hollywood-oriented copyright laws, and as I see prior examples in this country's history for civil disobedience, that is the road I take. For example, I own several collections of episodes which I have copied to my computer, using a DeCSS program. I do not do this to share them, or to make illegal copies. I simply do it so that I don't have to fumble around with switching disks every time I want to see something different. I am not in any way harming the companies that produced this stuff. Someday I would like to have all the shows I like to watch this way, rather than having to watch TV, but I don't think my wife would let me divert our cable bill into DVD purchases. So, if more laws like this keep getting passed (I hope they do not, but who knows...) I will simply continue, in the privacy of my own home, to do as I see fit. I will endeavor not to violate the real "rights" of media producers, but stuff like saying I can't skip through comercials... thats just absurd. If I am paying for content, I should be able to choose wether I view it or not - wether it be a TV show, a sex scene, or a viagra add. Anyway, thats my two cents... and yes, I'm posting annonymously because of my tin foil hat... ;)
Senator Specter, I am extremely worried about HR2391, the Intellectual Property Protection Act. From what I have read it seems this bill only supports big business and not the general public. It seems that it, along with the Digital Millennium Copyright Act will continue to strip away the fundamental freedoms from American public. The only group that this seems to help are large corporations. The bill's summary states that I can skip gore/violence in a movie (which I already can do with a remote control) but I would not be able to skip commercials? This is ridiculous. If this passes, I can only assume that the next logical step taken by commercial backed lobbyists is to promote a bill that bans the American public from switching the television channel during commercial breaks to see what else is on. Television advertising has only been around as long as the television. Before this, companies were able to market and advertise their products and still make large profits. This bill just seems to be taking a step backwards. It doesn't protect the free market but strips it of its basic ideals. The beauty of the free market is that the market (the public) will dictate what businesses will be profitable, instead of the government or large corporations deciding. If we all end up with TiVo's and skip every single commercial, and television advertising becomes extinct (which is a ridiculous long shot) then the market will bounce back with INNOVATION and find a new avenue to market their products. The internet has already provided, in my mind, a much better advertising platform. I have never bought anything off a television ad, but yet have bought numerous items off a internet ad that was linked categorically to the webpage I was visiting. This bill just seems to only hurt the American public in order to protect a few corporations who refuse to adapt and innovate to stay profitable within our supposed free market, which seems to be moving to a more unfree market with each passing year. Thank You, David ****** Munhall, PA 15120
[insert lame joke here]
I wouldn't worry much about the bill. At least, not right now. We're now in a lame duck session of Congress and there are several other bills that both the House and Senate are trying to get through, get sent to committee and get finalized and signed by the President before this session is through. The intelligence reform bill comes to mind.
Anything that passes the Senate, in order to become law, would also have to be passed by the House. Then it would have to be sent to a conference committee where members from both the House and the Senate try to reconcile the differences between the bills passed in each chamber. Members of that committee would have to agree on a final form of the bill and then send the compromise back to House and Senate for an up or down vote. This in and of itself, is no small feat. There are plenty of bills that pass both the House and the Senate that never make it out of the conference committee.
If both chambers managed to pass it, the president would then have to sign it. The chances of all of this happening in a lame duck session of Congress are slim to none. Especially when you consider that they are trying to get this mammoth intelligence reform bill done. This copyright bill will then die when this session of Congress ends and the process will have to begin all over again. Don't worry about this bill, at least, not yet. Instead, focus your energy on getting the idiots that sponsored the bill and the idiots that ultimately voted for it out of office the next time they are up for reelection.
skipping any commercials or promotional announcements would be prohibited
This bill contradicts itself. I find most commercials/promotional announcements objectionable, and more and more these days are sexually explicit. Does the "skip objectionable content" part trump the "prohibit skipping commercials" part? Really, I don't want my kids minds to be warped by the likes of Britney Spears selling brown sugar water or any other product.
I'm glad I live in Canada where the government doesn't try to tell us what we can and cannot watch...Oh wait...
A nearly lame duck House and Senate passed both the Bono Act and the DMCA about a week before the November 1998 election, and they did it by voice vote so that constituents couldn't know which way anybody voted.
>
> 20 Minutes Into the Future...and getting closer every second.
20 minutes into the future -- 17 years into the past.
From the Max Headroom Episode Guide, we have 14 episodes. Of those 14, I can classify only THREE as "fiction", meaning "requires technology that doesn't exist today."
Episode 1: Blipverts. Check. (Ad agencies are designing ads to look "good" even if you're fast-forwarding them at 30x on a DVR).
Episode 2: Rakers. 75% there. ("Ultimate Fighting Championships", "COPS" - it'll be official when we have a reality TV series in which serious bodily harm and/or death is part of the show.)
Episode 3: Body Banks. Check. (Harvesting of Brazilian street youth, Chinese execution market.)
Episode 4: Security Systems. Check. ("Credit fraud! That's worse than murder!" - and now 3 years for skipping commercials.)
Episode 5: War. Check. (Bringing you the opening 72 hours of Operation Iraqi Freedom, live and direct!)
Episode 6: The Blanks. 50% there. (HomeSec, national ID card, Safe Travel programme, MATRIX database, Supreme Court decisions regarding citizens' obligation to reveal or provide identity on demand, all clearly pointing towards the criminalization of anonymity and development of systems and technologies to make the "roundup" option more practical.)
Episode 7: Academy. Check. ("Captain Midnight" was a real-life "zipper", and was likely the inspiration for this episode. This was the only "current events" episode in the series.)
Episode 8: Deities. 75% there. (We already have "online churches", it's only a matter of time before some huckster starts charging for diskspace for the soul. All the technology is now in place, all we need is the huckster and some suckers. :)
Episode 9: Grossberg's Return. Check. ("Watch while you sleep" devices in the episode are basically like auto-clickers for those stupid dotcom pyramid schemes like AllAdvantage, used to artificially boost clickthrough ratings.)
Episode 10: Dream Thieves. 0% there. (Finally, something that's just science fiction!)
Episode 11: Whacketts. 0% there. (Finally, another fiction episode :)
Episode 12: Neurostim. 25% there. ("Neuromarketing" is the buzzword -- advertisers are doing active brain scans to see how effective their campaigns are. Long way from being able to induce brain states to drive product, but it's a start.)
Episode 13. Lessons. Check. (Any teacher using showing taped from the TV in the classroom without paying a license fee is eligible for the DMCA smackdown. In 1987, the smackdown was dystopian science fiction. Today, the surprising thing would be if they didn't get the smackdown.)
Episode 14. Baby Growbags. 0% (OK, three episodes out of 14, fiction.)
Actually it is the Democrats that are supported by the hollywood crowd. Just look at the political contributions by the studios, producers, actors, and the TV execs. Almost all to the Dems. Sure they work with Republicans to get their way because they hold all the power. These are the people with the most to loose. I know people who produce indepentent film and they've been told they can't get insurance for a project because of the potential of theft. This is not a partisan issue.
There are a lot of significant differences, but few of them are actually important. For example, though I supported Kerry, Kerry's presidency would have simply been a kinder, gentler version of the same stuff Bush's administration is doing. Some environmental and labor policy would change, but the two greatest fundamental issues facing America and the world in the 21st century would not have gone away. The spotlight on them would merely have dimmed.
1) Western imperialism (dare I say American imperialism?), of which terrorism is merely a facet.
2) The rise of and lack of limits on corporate power - of which terrorism is also a facet.
If we could honestly deal with these two issues, which are fast becoming one and the same due to corporate power influencing governments (and therefore imperialist policies), many other problems would become more manageable, and some might even disappear.
Well, I see a pony. I don't know about you. :-P
http://www.publicknowledge.org/action/hr4077
Just fill out your info and click.
Armaments, 2-9-21 And Saint Attila raised the hand grenade up on high, saying, 'O Lord, bless this Thy hand grenade' N
Comment removed based on user account deletion
However, under the proposed law, skipping any commercials or promotional announcements would be prohibited.
This is wrong. The proposed law does not prohibit skipping commercials.
What this portion of the law is about are products like ClearPlay, which is a DVD player that "sanitizes" movies by eliminating the naughty bits. Some object to this as censorship, others endorse it as personal control of content.
Movie producers have claimed that ClearPlay violates their copyrights on movies. This new bill incorporates an earlier proposal that would basically make it clear that the system does not violate copyright. It explicitly says that these kinds of filtering systems are legal.
However, the exemption from copyright does not apply to systems that eliminate commercials. That is the clause which is causing so much controversy. It leaves open the possibility that filtering commercials might be said to violate the copyright held by the original producers of the content.
Here is where the big mistake is made in interpreting this. The new law does not change the legal status of filtering commercials. It might be legal, or it might not. Generally, it is untested. What the new law FAILS to do is to explicitly state that it is legal.
I hope that readers are intelligent enough to distinguish between a law that criminalizes skipping commercials, versus a law that fails to legalize them. The truth is that this law does not change the legality of the action.
Unfortunately the Wired author either was not intelligent enough to make this distinction, or chose to present an inflammatory and false interpretation in order to increase his readership and make more money for his employer.
Sec. 2319B. Unauthorized recording of motion pictures in a motion picture exhibition facility
[...]
At least they don't try to regulate private screenings. I guess.
SEC. 210. ENHANCEMENT OF CRIMINAL COPYRIGHT INFRINGEMENT.
(1) infringes a copyright willfully and for purposes of commercial advantage or private financial gain,
(2) infringes a copyright willfully by the reproduction or distribution, including by the offering for distribution to the public by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000, or
(3) infringes a copyright by the knowing distribution, including by the offering for distribution to the public by electronic means, with reckless disregard of the risk of further infringement, during any 180-day period, of--
(A) 1,000 or more copies or phonorecords of 1 or more copyrighted works,
(B) 1 or more copies or phonorecords of 1 or more copyrighted works with a total retail value of more than $10,000, or
(C) 1 or more copies or phonorecords of 1 or more copyrighted pre-release works,
shall be punished as provided under section 2319 of title 18. For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish the necessary level of intent under this subsection.; and
[...]
(g) Limitation on Liability of Service Providers-
[...]
These provisions say that there are three ways you can be liable:
The valuation is "retail value", but in effect they munge that in the definitions section to mean the asking price. So street value may or may not determine whether someone goes to jail; it may be some absurdly high asking price.
Still, on its face anyway, this is going after people who are either profiting or trafficking in other people's copyrighted commercial stuff.
The next question is, since FOSS is copyrighted, how does this change affect enforcement of the GPL? Someone who loses their right to copy under the GPL would be liable depending on the value of the work, which may or may not be its asking price.
sigs, as if you care.
Reading the Wired article talks about HR4077 and S2237. So where did H.R.2391 and S.2192 come in?
Actually, now that I'm digging some more, it looks like H.R.2391 got padded w/ that piracy mess. Actually, it looks like they trojan-horsed it, where they took the patent bill and stripped the copy out and put in that mess. So if the Senate version passed, does it have to go through re-voting in the Senate, given that the House has dramatically changed the bill?
Just want to make sure I tell my representative the right bill. If I'm confused, I'm thinking they might be, too. Of course, they've been at this game for a while longer than I have.
Looks like I need to write my H.R. dude (instead of my Senate dudes).
I'm not sure what the secret to success is, but the secret to failure lies in trying to please everyone -Bill Cosby
From SEC. 212 of Cooperative Research and Technology Enhancement (CREATE) Act of 2004 (Reported in Senate)[H.R.2391.RS], available as http://thomas.loc.gov/cgi-bin/query/z?c108:H.R.239 1:/ ....
...
(3) by inserting after paragraph (10) the following:
(11) the making imperceptible, by or at the direction of a member of a private household, of limited portions of audio or video content of a motion picture, during a performance in or transmitted to that household for private home viewing, from an authorized copy of the motion picture, or the creation or provision of a computer program or other technology that enables such making imperceptible and that is designed and marketed for such use at the direction of a member of a private household, if--
(A) no fixed copy of the altered version of the motion picture is created by such computer program or other technology; and
(B) no changes, deletions or additions are made by such computer program or other technology to commercial advertisements, or to network or station promotional announcements, that would otherwise be performed or displayed before, during or after the performance of the motion picture.';and
It seems that one key clause in there is 'the making imperceptible' of the editing out of the commercial. Seems that if you got a 1 second 'commercials removed' screen then it might be OK?
On the subject of sexual symbolisim, Sigmund Freude was once quoted as saying, 'Sometimes a cigar is just a cigar.'
;-)
You're just crazy.
HA! I just wasted some of your bandwidth with a frivolous sig!
"Under the proposed law, skipping any commercials or promotional announcements would be prohibited."
Hold on one moment here. This has nothing to do with copyright. The fundamental premise of copyright law is that it gives the owners of the rights an exclusive right to distribute copies of those works. It has nothing to do with how copies of those works that have been legally purchased may be used by those who purchase them, otherwise known as "fair use".
What comes next in the outlawing of our legitimate fair-use rights? Outlawing the use of newspapers to wrap up fish and chips? Making it illegal to use CDs as coasters?
The only thing necessary for the triumph of evil is for good men to do nothing. - Edmund Burke
Public Knowledge has a really nice summary and position page here: http://www.publicknowledge.org/issues/hr2391
You've got that backwards. Religion is not an expression of morality - a code of morality might be an expression of a particular religion, but just because a set of beliefs calls itself a religion doesn't mean that its adherents are automatically "moral".
Although it is hard for _some_ people to comprehend, it _is_ completely possible for someone with a completely-secular viewpoint to have a strong set of morals. The motivation tends to be a little more practical ("how do I get along with the people around me to make my life easier?") though rather than ideological ("behave or go to hell for eternity").
Read the section in context:
SEC. 212. EXEMPTION FROM INFRINGEMENT FOR SKIPPING AUDIO AND VIDEO CONTENT IN MOTION PICTURES.
(a) Short Title- This section may be cited as the `Family Movie Act of 2004'.
(b) Exemption From Copyright and Trademark Infringement for Skipping of Audio or Video Content of Motion Pictures- Section 110 of title 17, United States Code, is amended--
(1) in paragraph (9), by striking `and' after the semicolon at the end;
(2) in paragraph (10), by striking the period at the end and inserting `; and';
(3) by inserting after paragraph (10) the following:
`(11) the making imperceptible, by or at the direction of a member of a private household, of limited portions of audio or video content of a motion picture, during a performance in or transmitted to that household for private home viewing, from an authorized copy of the motion picture, or the creation or provision of a computer program or other technology that enables such making imperceptible and that is designed and marketed for such use at the direction of a member of a private household, if--
`(A) no fixed copy of the altered version of the motion picture is created by such computer program or other technology; and
`(B) no changes, deletions or additions are made by such computer program or other technology to commercial advertisements, or to network or station promotional announcements, that would otherwise be performed or displayed before, during or after the performance of the motion picture.'; and
(4) by adding at the end the following:
`For purposes of paragraph (11), the term `making imperceptible' does not include the addition of audio or video content that is performed or displayed over or in place of existing content in a motion picture.'.
It appears that the whole section, including the parts about editing out "objectionable" content and not removing ads are relating to the same practice.
There's a group out there (Yo) that's renting/selling "family-friendly" movies with the materials that might offend conservatives removed. They have to edit the movies in-house to make their versions available. Right now I think they're in a legal grey area. Filmmakers want their work protected from prudish editors, and conservative parents want their children protected from godless liberal Hollywood heathens, so to speak.
Regardless of how you feel about editing movies for content, some people want their content pre-screened before they (or their kids) watch it. I'm personally against it, but this legislation doesn't force anyone to buy movies from these places.
Looks like the advertising bit refers directly to the practice of editing movies for content on after-studio edits. What they're saying is that a business may edit the film for content, but may not remove previews and ads, etc. that would appear on the original DVD or Video. I don't think this has anything to do with TiVo et al.
I had to check into this one further after seeing Rep. Rich "The Slashdot Congressman" Boucher's name on the list of cosponsors.
IANAL, btw.
People shape laws. Not the other way around.