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Software Firms Lobby for Stronger Copyright Laws

Spy Handler writes "According to an article on CNN, the Business Software Alliance went before the Congress yesterday and lobbied for stronger copyright protection. Their key point: Internet Service Providers (ISPs) should be required to reveal the names of customers who may be distributing illegal wares on peer-to-peer networks. I guess they feel that the DMCA is too lax for them to be allowed to carry out RIAA-style raids on college students."

428 comments

  1. Wow..Rights for sale... by CygnusXII · · Score: 4, Informative

    Guess the BSA and all concerned learned a lesson from the RIAA, go to the source and change the laws, if they do not work for you. Sounds like the NET Act all over again.

    --
    My cat's picked up a Hammer. HEY! Put down that Hammer. Put Down that Hamm...THUNK!
    1. Re:Wow..Rights for sale... by Leomania · · Score: 3, Insightful

      [snip] go to the source and change the laws, if they do not work for you.

      Yes, that's exactly how it's supposed to work.

      I think the protections the ISPs are asking to keep (namely to have the BSA or software companies file lawsuits to reduce the number of frivolous information requests) is reasonable. This will make the costs higher to prosecute an individual, but if that individual is found guilty then they pay a higher penalty for having engaged in the illegal activity. I'm fine with that.

      Nevertheless, it is completely within reason for the BSA to ask for easier access to information from ISPs; it's up to us to protest any bills that are put forward to allow it if we feel it's an unnecessary proposal or excessively invasive. That's how our government works, and it's how we participate. I'm not saying it's perfect, or that an individual's protections aren't trampled upon by various laws, but at least we have some method of making our thoughts known.

      - Leo

      --
      You don't use science to show that you're right, you use science to become right.
    2. Re:Wow..Rights for sale... by sangreal66 · · Score: 1

      Yes, unfortunately many slashdotters refuse to learn the same lesson. Instead, they just rant about it here, and demonize anyone who suggests what they are doing is illegal.

    3. Re:Wow..Rights for sale... by the_mad_poster · · Score: 0, Troll

      I know what this iiiimage iiiiis.

      Reading trolltalk has it's advantages after all.

      BTW, your link has been reported to the FBI. Enjoy your hot, asspounding federal action you sick, business-owning fuck!

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    4. Re:Wow..Rights for sale... by Sebby · · Score: 5, Insightful
      That's how our government works, and it's how we participate.

      You seem to forget that we each need to have a $50000 cheque included with our protests; clearly we don't each have that, but the BSA/**AA do. That's also how things work.

      --

      AC comments get piped to /dev/null
    5. Re:Wow..Rights for sale... by Anonymous Coward · · Score: 0

      Ha, report all you like, I don't live in the US you nobsliced turd.

    6. Re:Wow..Rights for sale... by secolactico · · Score: 2, Funny

      Oh great... I was planning on ignoring that link but now I fell I *have* to click it. Problem is, I've developed a (rather healthy) fear for the .cx ctld.

      <courage>
      What do I do? What do I do?
      </courage>

      --
      No sig
    7. Re:Wow..Rights for sale... by CygnusXII · · Score: 5, Insightful

      So. I guess the subversion of the Original Copyright Intentions, by biased legislators and coporate America, are fair as well? Or how about having a digital flag attached to your hardware, and then to your legally recorded media content is flagged because a corporate entity wants it that way. These things brought about by corporate lobbyist. Rights are for Sale, whether you like it or not, or admit it.
      Benjamin Franklin "They that can give up essential liberty to obtain a little temporary safety, deserve neither liberty or safety...

      Also "When the people find that they can vote themselves money, that will herald the end of the republic."

      "Sell not...liberty to purchase power.

      Here is one of his key qoutes.
      "History affords us many instances of the ruin of states...the ordaining of laws in favor of one part of the nation to the prejudice and oppression of another, is certainly the most erroneous and mistaken policy...An equal dispensation of protection, rights, privileges, and advantages, is what every part is entitled to, and ought to enjoy...

      --
      My cat's picked up a Hammer. HEY! Put down that Hammer. Put Down that Hamm...THUNK!
    8. Re:Wow..Rights for sale... by SirChive · · Score: 5, Insightful

      I disagree. I don't think it's reasonable for the BSA to lobby for certain laws. In fact, I don't think that groups like the BSA and the RIAA shoud ever exist.

      They are monopolistic by nature. Capitalism is predicated on competition. If every major company in a given industry gets together and forms an organization like the BSA and then the that organization lobbies for all those companies it effectively creates a trade cartel.

      This is another example of how we no longer have anything resembling an open capitalist economy. It's decayed into an oligarchic form of crony capatalism. All the chummy companies get together and form the chummy trade group which then lobbies the appropriately chummy committee of congress where someday the chummy congress scumbags hope to get rich in the chummy industry that they supposedly regulate.

      Under this system if you aren't one of the chummy in-crowd (meaning all of us) you are screwed.

    9. Re:Wow..Rights for sale... by sangreal66 · · Score: 1

      So. I guess the subversion of the Original Copyright Intentions, by biased legislators and coporate America, are fair as well?
      I don't recall saying this, but yes it is. Why not? The point of a representitive system is to represent the people. Just because you don't agree with other people, doesn't make the system broken. Sure, some of the legislature is corrupt and doesn't look out for their constituents. Whose fault is that? Thats right, the peoples for voting for them. Corporations can donate as much money as they want to campaigns (actually they can't due to campaign financing laws), but they can't cast any votes.

      Or how about having a digital flag attached to your hardware, and then to your legally recorded media content is flagged because a corporate entity wants it that way. These things brought about by corporate lobbyist. Rights are for Sale, whether you like it or not, or admit it.
      See above.

      "They that can give up essential liberty to obtain a little temporary safety, deserve neither liberty or safety..."
      The ability to share creative works is not an essential liberty, nor is copyright a measure of temporary safety.

      "When the people find that they can vote themselves money, that will herald the end of the republic."
      I thought you said Coprorations were the evil ones trying to take your rights away? Corporations can't vote.

      "History affords us many instances of the ruin of states...the ordaining of laws in favor of one part of the nation to the prejudice and oppression of another, is certainly the most erroneous and mistaken policy...An equal dispensation of protection, rights, privileges, and advantages, is what every part is entitled to, and ought to enjoy...
      Copyright is available to everyone, not one part of the nation. If you're trying to argue that laws should favor fairly those breaking the law and those abiding by it, then I am clearly wasting my time.

      All that being said, my original post was mearly a suggestion that people should try to change the laws they disagree with instead of pretending they don't exist.

    10. Re:Wow..Rights for sale... by Anonymous Coward · · Score: 0

      Am I missing something?
      Whats the big deal about this picture?

      For those who fear the .cx domain, its a picture of a nice nude women with semen drawn on her and a poor drawing of a guy ejaculating.

    11. Re:Wow..Rights for sale... by Lindsay+Lohan · · Score: 1

      In reply to your sig, I personally think Pudge is one of the hottest things on /. these days. I find his ruggedly-crafted opinions and rock-hard rhetoric ... well, stimulating.

    12. Re:Wow..Rights for sale... by Anonymous Coward · · Score: 0

      OT

      Just wanted to let you know I disagree with your signature.

    13. Re:Wow..Rights for sale... by CygnusXII · · Score: 2, Interesting

      No what I am pointing out, is that this is a moot point, because it is a tainted process. It is just a matter of time, before every aspect of our lives a controlled, or legislated in one form or fashion. I am not arguing for sake of justifying piracy, or infringment. I am stating that the erosion of personal freedom has already begun, and this is, simply an extension of that erosion. Also on the face of your statement that Corps' cannot vote is true, in that they have to pay the leslator, or represenative to do the actual voting, so I might be proper in saying Corporations vote via Proxy. Copyright is a measure of temporary safety, it is a measure of safety afford to the originator, for a limited period of time, and is supposed to revert to the public domain.Now on my point of Copyright bias..."In addition to Disney (whose extensive efforts in lobbying for passage of this lent it its darkly humorous nickname of "The Mickey Mouse Protection Act"), Mary Bono (Sonny Bono's widow and Congressional successor) and the estate of George Gershwin supported the act. Mary Bono, speaking on the floor of the United States House of Representatives, noted that "Sonny wanted the term of copyright protection to last forever", but that since she was "informed by staff that such a change would violate the Constitution", Congress might consider Jack Valenti's proposal of a copyright term of "forever less one day". http://tinyurl.com/37qz8
      Sonnys' wife was his successor, this implies bias.

      --
      My cat's picked up a Hammer. HEY! Put down that Hammer. Put Down that Hamm...THUNK!
    14. Re:Wow..Rights for sale... by Have+Blue · · Score: 1

      You don't think separate entities with common goals and interests should be allowed to pool their resources and remove inefficiencies in simultaneously advocating said goals and interests? Darn, I guess now we have to disband the FSF, EFF, etc.

    15. Re:Wow..Rights for sale... by the_mad_poster · · Score: 0, Troll

      I will be writing a personal letter, direct to the president of the United States, asking that your sick, backwards, pedocountry be nuked immediately.

      The CIA will be hacking your IP address shortly. The first detachment of marines will land shortly after that.

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    16. Re:Wow..Rights for sale... by Minna+Kirai · · Score: 1

      You don't think separate entities with common goals and interests should be allowed to pool their resources and remove inefficiencies in simultaneously advocating said goals and interests? Darn, I guess now we have to disband the FSF, EFF, etc.

      You deliberately use "entities" to obfuscate the difference between humans and corporations.

      The membership of the BSA and RIAA are corporations, while the FSF and EFF are composed of humans. Which of those deserve more protection? Corporations, by principle, should only continue to exist at the pleasure of the public.

    17. Re:Wow..Rights for sale... by Nf1nk · · Score: 1

      I don't think corporations which already have too much power should be able to pool their resources. If Bill gates wants to be a member of the BSA thats fine but microsoft is right out.

      --
      I used to have a cool sig, back when I cared
    18. Re:Wow..Rights for sale... by wizarddc · · Score: 1

      3

      Ditto

      --
      Th
    19. Re:Wow..Rights for sale... by Alsee · · Score: 1

      Just wanted to let you know I disagree with your signature.

      LOL. Well, his SIG is a quote saying Anonymous said something. The only way I can possibly see to "disagree" with it is to claim that no one ever said what he claims Anonymous said.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    20. Re:Wow..Rights for sale... by HiThere · · Score: 1

      I'm not sure you should have weakened your assertion by saying "it effectively creates a trade cartel" rather than "it creates a trade cartel". The RIAA and MPAA definitely as as a "monopoly in restraint of trade", but since they aren't themselves engaged in trade, cartel seems the correct word.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    21. Re:Wow..Rights for sale... by Alsee · · Score: 1

      WWRCD

      (What Would Rice Crispies Do?)

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    22. Re:Wow..Rights for sale... by Anonymous+Brave+Guy · · Score: 2, Insightful
      You seem to forget that we each need to have a $50000 cheque included with our protests; clearly we don't each have that, but the BSA/**AA do. That's also how things work.

      You seem to forget that most of the people the big media corps have been going after lately have been breaking the law, often on a massive scale for an individual, and relying on the fact that the law could not be effectively enforced to get away with it. The personal losses now being suffered by everyone as a result of changes in the law were motivated by the personal greed of people who didn't follow the rules that were there already.

      I certainly don't agree with the frivolous lawsuits where people are intimidated into settlements even when innocent. In more civilised legal systems, that sort of barratry is effectively prevented. Apparently the US system, where winner pays and endless battles using legal technicalities as weapons are not treated with contempt by the courts, is not as forgiving. Too bad for that legal system. The same authorities also seem unwilling to enforce the law where monopoly abuse and price fixing are concerned. Again, too bad for that legal system. Clearly there is a lot of corruption in the system and how it's applied today, but I'm not yet convinced that this particular case falls under that heading.

      Many of the arguments we see around here are from people who were genuinely breaking reasonable law, and then trying to hide behind some sort of person liberty argument to argue against changes in the law that would all them to be caught. They brought it upon themselves (and, sadly, the rest of us), so screw 'em. No-one's personal rights and liberties extend to violating laws established using due process for benefit of everyone.

      As other posters here have noted, this particular case is an example of exactly how the system should work: if someone's not happy, they should lobby for changes in the law; anyone opposed can make their arguments in return; and then the lawmakers will change the law if they deem it appropriate. There are financial arguments in favour of politicians seeking corporate backing, but ultimately, those lawmakers aren't accountable to corporations, as corporations don't have a vote. If you as citizens want to change the system, you have more power between you than all the corporations in the world to influence a politician, if you choose to use it.

      Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has. -- Margaret Mead
      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    23. Re:Wow..Rights for sale... by Anonymous Coward · · Score: 0

      The BSA, RIAA, MPAA etc. needs to pay every ISP at least $200,000 a year to hire at least one employee dedicated to this job.
      He/she needs to be a lawyer with extensive IT training in order to protect the rights of all those involved.

    24. Re:Wow..Rights for sale... by mankey+wanker · · Score: 1

      There are two real issues here. One is: Why isn't this seen as protectionism? The right-wing nutjobs always whine about protectionism - except when it benefits one of their own. The other issue is: Why do we even allow corporate lobbies to exist? This is a country ideally for the people and by the people. Corporations are not people, they are fictions of law - another kind of protectionism against liability for debts.

    25. Re:Wow..Rights for sale... by mankey+wanker · · Score: 1

      What we need is real campaign finance reform to effectively, once and for all, shut out the noise produced by corporations that should have have no standing before the law. Cut off the money supply, and your representatives in congress will come to you for money offering favors in return - and "favors" really just means "proper representation of their constituency."

    26. Re:Wow..Rights for sale... by chh1 · · Score: 2, Interesting

      What I don't understand is why any software corporation would even want to consider doing this.

      For an example, let's take one of these file sharing college students and look at what they've been up to. These kids pirate software and learn to use it while they're in college, then they graduate and move on to the corporate world. Several possibilities arise:

      (1) The student goes into business for themselves and begins to use software they already know how to. In order to avoid problems within their business they buy the software they need, most likely sticking with brands they know (i.e. the pirated brands they picked up off the internet in college).

      (2) The student enters into the workforce at a large corporation. There it's possible they may be trained on certain products as needed, but it's also possible they may say they understand Windows/Apple/Linux already (i.e. again the pirated software they learned in college). The choice then goes between training them on something new or simply getting the employee what they already know.

      In both of these cases if it's cheaper to get someone what they know and understand than it is to teach them something new, then the pirated software they learned off of will be picked up. The companies could benefit in the long run from such activity, but yes in the short term it may be less profitable to allow students to do this.

    27. Re:Wow..Rights for sale... by Dashing+Leech · · Score: 4, Insightful
      "Many of the arguments we see around here are from people who were genuinely breaking reasonable law..."

      Here's where your reasoning falls apart. Yes, the (U.S.) law is being broken and quite often, and existing laws make it difficult to prosecute. There are several responses to this:
      (a) Make it easier to enforce the law, which generally requires a reduction in freedoms or protections for the public.
      (b) Modify the laws that are being broken so that the activity isn't illegal anymore, which generally requires a reduction in protection or control for the businesses.
      (c) Modify the products or services such that people are more likely to obtain them through legal channels.

      You say that the laws are reasonable, implying (b) is an inappropriate response. Many would disagree. IP laws don't exist as inherent rights, they exist as a balance and they have tilted too far one way and are being used in ways never intended.

      Lobbying for changing laws is certainly a valid method and there are certainly a number of groups trying to do that in favour of more sane IP laws. But it isn't the only valid method. There is no faster way to instigate change than to force the issue by large scale violation of a law. It may be risky in that it (a) leaves people open to prosecution, and (b) may drive those with a "there's no excuse for violating the law" attitude towards the other side, particularly those who make the laws. But it forces the issues into the open and if the lawmakers are reasonable, they will look at both sides and find a compromise. It also provides a clear example of what can happen if the people aren't happy with the law they end up producing -- people will just violate it anyway. Either the law will have to become reasonable or it will have to become more of a police state to enforce them.

    28. Re:Wow..Rights for sale... by vsprintf · · Score: 2

      You don't think separate entities with common goals and interests should be allowed to pool their resources and remove inefficiencies in simultaneously advocating said goals and interests?

      You really believe the BSA is anything other than the lobbying arm of Microsoft? Funny.

    29. Re:Wow..Rights for sale... by Anonymous Coward · · Score: 1, Insightful

      That's not the way things work, or at least that's not the way things are supposed to work.

      You're assuming that the politicians involved are crooked, and that's not really fair. There certainly are crooked politicians. In any organization as large as governments, there's some level of corruption. However, most politicians try to be honest and do what's best for their constituents, or at the very least enough to keep their position come election time.

      It's all about lobbying. The mythical 50K (or whatever amount) cheque that many assume is one big bribe isn't. It pays for lawyers, and huge spam campaigns (flyers, TV ads, annoying people bugging staffers) to get the notice of these politicians.

      Once you get yourself heard, it's just a matter of showing the politician that what you're proposing is in the best interests of his constituents. The MPAA/RIAA/BSA/etc are going to pitch that P2P trading and piracy in general means lost revenues, lost jobs, and lost taxes (resulting in less money he/she can use to keep the masses happy). They're going to downplay the part where people's civil rights are going to get trashed in the process.

      It's possible to fight stuff like this but you have to take off the tinfoil hat and learn how the game is really played. As it is, you've already surrendered without a fight and are looking for excuses for why you forfeited the game. There are already lots of lobby groups out there that started with nothing but now have enough votes and a big enough war chest from member donations to put up a credible fight.

    30. Re:Wow..Rights for sale... by einhverfr · · Score: 1

      I don't think it's reasonable for the BSA to lobby for certain laws. In fact, I don't think that groups like the BSA and the RIAA shoud ever exist.

      I don't know. On one hand, I think it is an inherent right of persons in any government to petition the government with regard to their grievances. Indeed, I think that the government requires such advice in order to best serve the needs of their constituents. So, I tend to think, "it is OK to ask for anything. Lets just have an open dialog about it."

      On the other, I think it is a serious mistake for the BSA to go down this path. Threatening actual or potential customers with litigation has never been a great recipie for business success, and I blame a good part of the financial woes of the RIAA, etc. on the alienation of their customer base through these means. Contrary to what these businessmen think, taking the moral high ground is *good* for business. Having your customers trust you is far better for business in the long run than having your customers fear you (in this point, I think, Macciavelli cannot be applied to capitalist business practice).

      If such a law were to be passed in the US, it would be a sad day for the purposes of constitutional protections (I hope the courts would realize this). I would not be directly affected by the law as I only run FOSS, but any ruling upholding the constitutionality of such a law could very well affect me as a major erosion of privacy protections.

      I am building my business on the principles listed above. I have been in business for myself for nearly a year without any day job, and my business is continuing to grow. Indeed I now have an international customer base, and a full schedule for the next two months.

      Under this system if you aren't one of the chummy in-crowd (meaning all of us) you are screwed.

      Ogliarchies have been a factor in American capitalism on and off for the last hundred and fifty years at least (probably longer). However, it is also true that unlike in many other countries, we have had a long and rich history of relatively poor people ending up in that crowd (Carnegie is the most famous example). So at least we have social mobility in a way which is unbelievable to my wife who is from Indonesia.

      Also, I think this feeling of economic disenfranchisement is a tremendously powerful force for good in the economy because it promotes instability. One of my large breakthroughs occurred when I realized that it was fundamentally impossible to compete on Microsoft's terms with Microsoft due primarily to economy of scale issues. Once you realize this, you also realize the Free/Open Source Software is the only way to be competitive in the current economy and be insulated from the large players in the industry.

      Indeed, I believe that this is one of the major factors in the popularity of FOSS-- that it is a way for people to "opt out" of the ogliarchal system. Both end-users and developers see value in this, and so it is possible to sell an open source solution competitively against a lower-cost proprietary solution due to longer-term cost savings and other benefits.

      I am in the process of working on a treatise on open source business strategy. My general thesis is that success in an open source environment requires a fundamentally different sort of strategy to that of industrial capitalism-- that the choke points move from manufacturing, distribution, and sales channels to a more abstract idea of "community value" and that control over the community image and the value given to the community is the only way to provide market leverage in such an environment. And that those in the center of the community are in a better position to benefit from open source involvement than those at the edges.

      --

      LedgerSMB: Open source Accounting/ERP
    31. Re:Wow..Rights for sale... by Stonehand · · Score: 1

      Feel free to vote them out if you think they're doing a bad job -- and to write them before or after doing so. It's votes that give them jobs, not money; campaign dollars are only useful if they get votes.

      --
      Only the dead have seen the end of war.
    32. Re:Wow..Rights for sale... by Anonymous Coward · · Score: 0

      Why don't they then stop distributing their software then via the copyright model, and make it merely a sale instead a perpetual lease, and other aspects more akin to just contract law?

      What they instead are doing really is creating a whole new legal body, and calling it "copyright", when the only resemblance to traditional copyright is that software companies "publish" their works.

      The funny thing is, the various published things that I've seen, such as proprietary corporate documents, etc., just like the rest of us, are NOT published under copyright, but are revealed only by various sorts of contracts that are signed before seeing the document.

      What the BSA clearly wants for software should really not be considered as being protected by copyright at all. The BSA could then get what it wants for its members without even fucking the rest of the Constitution and legal system up in general, Congress can then do what it does best, "do something!", and the rest of us can continue to release software under whatever licenses we choose, etc. And leave copyright for what it is, with its various customs intact for what it works best for.

      When we bought mainframe software, we didn't really own it. The publisher controlled it. Of course, it worked, because there were maybe 1000 installs of that software in the world. It's not like the operations director of the computer center had a Vax11/780 in his basement, and he just wanted to copy the SAS tapes to load on it!

      The same model and system does not work for millions of copies of software, and can't be made to work, without effectively criminalizing at the same time those who choose to partake in that model. The BSA wants to set up in general this model that worked in the past for a small, closed environment, but cannot work in the world at large.

      Because the BSA has millions of dollars of lobbyist money to throw around, and they hire the people who yell the loudest and most persistantly, the powers that be will be able to isolate themselves from reality and agree to the BSA's lobbying, even if they paradoxically cause the ways they use computers to become illegal.

    33. Re:Wow..Rights for sale... by Anonymous Coward · · Score: 2, Insightful

      Well, at the very least, the "speeders" beat out the safety nazis in the 1980's in the US. It became obvious that on highways the speed distributions were not fundamentally any different with 55 mph as the uniform standard. Enough political pressure was eventually brought to bear, and the "double-nickel" was repealed.

      Maybe, *MAYBE* something like that will eventually happen.

      But maybe the BSA will go too far (i.e., effectively outlawing development, publishing and distribution of "open source" software), and eventually someone will bring a suit that brings ALL of what the BSA has put in place, because it is a fundamental right for people to do things on their own for themselves, and make it available for others.

      Just like it is legal for someone to pay parking meters for parkers (thus denying the city parking ticket revenue), it is legal for a farmer to keep seed harvested to plant for next year (and should be made legal, in spite of Monsanto's best efforts), and it should be legal for me to have a really big vegetable garden and give away my excess production, for a price that *I* deem right, not Albertson's or ADM.

    34. Re:Wow..Rights for sale... by rbullo · · Score: 1
      What we need is real campaign finance reform to effectively, once and for all, shut out the noise produced by corporations...
      I wrote something like that for a Government assignment. The premise was that the candidate would select an amount not exceeding $100, and all contributions must be made, anonymously, in this amount. A "Campaing Finance Administration" would be set up to collect and distribute this money and to investigate and prosecute any charges of violating the rules.

      Of course, it would never pass committee. But it was an interesting idea.
      --
      OH NOES!!! IT APPEARS YUO DO NOT HAVE ENOUGH MONEY TO PAY FOR DIS HERE PIZZA! WAHT EVER ARE YOU GOING TO DO!?!?
    35. Re:Wow..Rights for sale... by Bios_Hakr · · Score: 1

      You seem to forget that the BSA/**AA represent companies. These companies employ people. These people live off of the profits from copyrighted works. The BSA is lobying on behalf of all these people.

      --
      I'd rather you do it wrong, than for me to have to do it at all.
    36. Re:Wow..Rights for sale... by Safety+Cap · · Score: 1
      These companies employ people ~. The BSA is lobying on behalf of all these people.
      Let me guess: you have never worked for a corporation on any level higher than wage slave.

      Corporations don't give a flip about their workers. All their care about is PE ratio. That's why sometimes they RIF a bunch of "logs" to pump the stock price.

      --
      Yeah, right.
    37. Re:Wow..Rights for sale... by Kid_Korrupt · · Score: 1

      Capitalism thrives on competition. But in a competitive environment, the best strategy is co-operation between two parties of about the same size. Eventually the smaller companies have to join or go out of business. You then get what we have now, a monopoly of several very powerful companies.

      When the theory of capitalism meets human nature, we get a warped version of what the ideal is supposed to be. Hmmm, sounds a lot like another popular economic theory....

    38. Re:Wow..Rights for sale... by stinerman · · Score: 2, Insightful

      ...relying on the fact that the law could not be effectively enforced to get away with it

      If the law cannot be effectively enforced, then what business did the legislature have making the law?

    39. Re:Wow..Rights for sale... by Kid_Korrupt · · Score: 1

      It really has nothing to do with the amount of people that are getting together, but the amount of money that is being thrown at the government. Democracy is supposed to be about fair representation of the population. 1 person, 1 vote. Not 1 company $5 million, 200 million people $5 million.

      I think there was a line in the documentary The Corporation that went like this:

      "Well you should just vote with your dollars!"

      "If we voted with our dollars that means you just have more votes than me"

      Thats no way for any democracy to be run.

    40. Re:Wow..Rights for sale... by shark72 · · Score: 1

      "You then get what we have now, a monopoly of several very powerful companies."

      That's not what a monopoly means. An industry made up of a handful of large companies and dozens or hundreds of smaller ones isn't a monopoly. This is how the auto industry is structured, as are the accounting services and consulting industries, and on a smaller scale, the breakfast cereal and camping goods industries. I'm sure that if you think for a few seconds on your own you can come up with five more examples of products or services which are dominated by a few big brands.

      If you think that any of those industries are monopolies and that there isn't the need for competition, just ask anybody who works in them. Or, more to the point, ask somebody who works for one of the BSA members if they think their industry is a monopoly. Also note that each of the industries I've mentioned all have their own trade groups that represent their interests in Washington. This does not make them monopolies, either.

      --
      Sitting in my day care, the art is decopainted.
    41. Re:Wow..Rights for sale... by shark72 · · Score: 1

      "I'm not sure you should have weakened your assertion by saying "it effectively creates a trade cartel" rather than "it creates a trade cartel". The RIAA and MPAA definitely as as a "monopoly in restraint of trade", but since they aren't themselves engaged in trade, cartel seems the correct word."

      Interesting. Trade organizations are so prevalent (there are tens and thousands of them) that I wouldn't have equated a trade group with a cartel. Would you consider the existence of the American Booksellers Association to define the book store industry as a cartel? Or the American Medical Association, or even the Epsom Salt Council?

      I'm guessing that you wouldn't, so if there's a finer distinction that means that the existence of the BSA/RIAA/MPAA creates a trade cartel, but, say, the Game Manufacturers Association does not, can you please explain?

      --
      Sitting in my day care, the art is decopainted.
    42. Re:Wow..Rights for sale... by shark72 · · Score: 1

      "If every major company in a given industry gets together and forms an organization like the BSA and then the that organization lobbies for all those companies it effectively creates a trade cartel."

      Practically every industry has a trade group. Here's a list of many of them. There are more than 34,000 trade groups according to these people. If your assertation is correct, that's a lot of cartels.

      --
      Sitting in my day care, the art is decopainted.
    43. Re:Wow..Rights for sale... by Anonymous Coward · · Score: 0

      Please stop making sense.
      That's not the way that things are done around here.

    44. Re:Wow..Rights for sale... by Anonymous+Brave+Guy · · Score: 1
      If the law cannot be effectively enforced, then what business did the legislature have making the law?

      At the time it was made, it was fairly effective. Today's technology has made the old enforcement measures insufficient, so they're updating the law to maintain the ability to enforce it. Isn't that how things are supposed to work?

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    45. Re:Wow..Rights for sale... by HiThere · · Score: 1

      I'm not sure. I haven't checked out how those groups act, and what powers they claim to exert. The RIAA and MPAA have acted in ways that I believe to be illegal restraint of trade. It's been a long time since they were convicted of kickbacks, though, so many have forgotten it. (That example was the record industry, not the movie industry, so were that my only example, I shouldn't include the MPAA. But I also count bribery of legislators, even when done in a technically legal manner.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    46. Re:Wow..Rights for sale... by miskatonic+alumnus · · Score: 1

      It's possible to fight stuff like this but you have to take off the tinfoil hat and learn how the game is really played. As it is, you've already surrendered without a fight and are looking for excuses for why you forfeited the game. There are already lots of lobby groups out there that started with nothing but now have enough votes and a big enough war chest from member donations to put up a credible fight.

      Yeah! You mean like NORML and BACH? Marijuana ought to be completely legal any day now, huh? I won't hold my breath (pardon the pun).

    47. Re:Wow..Rights for sale... by hkmwbz · · Score: 1
      "I think it is an inherent right of persons in any government to petition the government with regard to their grievances."
      Corporations are not persons !
      --
      Clever signature text goes here.
    48. Re:Wow..Rights for sale... by hkmwbz · · Score: 1
      "You seem to forget that the BSA/**AA represent companies. These companies employ people. These people live off of the profits from copyrighted works. The BSA is lobying on behalf of all these people."
      No, it is not. It is lobbying on behalf of the people who actually make the money - the major share holders and the management. In other words, richt people and other corporations again.
      --
      Clever signature text goes here.
  2. This one is just asking for it. by AlphaWolf_HK · · Score: 1, Flamebait
    Let the "corporations own america" comments begin.

    Only on slashdot can Iranian censorship remind you of how evil the US is.

    --
    Careful with names containing L slashdot.org/~AiphaWolf_HK slashdot.org/~AlphaWoif_HK slashdot.org/~AiphaWoif_HK
    1. Re:This one is just asking for it. by Doc+Ruby · · Score: 1, Insightful


      Let the "corporations own america" comments begin.

      Only on slashdot can Iranian censorship remind you of how evil the US is.
      --
      The more successful you are, the more people hate you.


      The more successful you are at screwing people, the more people hate you.

      --

      --
      make install -not war

    2. Re:This one is just asking for it. by timmyf2371 · · Score: 4, Insightful
      Could you please explain what censorship is taking place here? Other than the obvious removal of illegally distributed content.

      If this was to be implemented I don't see why it would only affect corporations and business entities. It would provide extra protection for GPL'd software copyright holders in the event of their copyright being infringed amongst others.

      --

      Backup not found: (A)bort (R)etry (P)anic
    3. Re:This one is just asking for it. by azadam · · Score: 1

      Justice is expensive these days.

    4. Re:This one is just asking for it. by Anonymous Coward · · Score: 0

      removing content just because it's illegal in a legal system many of us don't agree with is still censorship as far as I'm concerned.

      Slavery is still slavery when it's legal, rape is still rape when it's legal. Censorship is still censorship when it's legal.

    5. Re:This one is just asking for it. by NoMoreNicksLeft · · Score: 4, Insightful

      Actually, the way I would describe it is not censorship, but rather the erosion of our Constitutionally-protected due process rights.

    6. Re:This one is just asking for it. by spectecjr · · Score: 1

      Slavery is still slavery when it's legal, rape is still rape when it's legal. Censorship is still censorship when it's legal.


      But amusingly, Slavery is illegal, Rape is illegal, and distributing someone else's copyrighted works over the net is - you guessed it - also illegal.

      So what was your argument again?

      --
      Coming soon - pyrogyra
    7. Re:This one is just asking for it. by mordors9 · · Score: 1

      And since we have already seen suits where people criticized companies on their web sites, are you so certain that the Korporations will only have noble purposes. Now instead of a web site, say you post critical comments about a company or government on a bulletin board. They get your IP from the Board and follow it up to your ISP. Let's hand that information over as to your real identity. Of course that would never happen, would it? With some of the suits we have already seen I would not be so sure.

    8. Re:This one is just asking for it. by uncoveror · · Score: 1
      Locking up ideas as property through stifles their free flow much like suppressing them. This is how copyright is censorship. It was intended to be a trade-off to promote the progress of science and the useful arts by temporarily locking expressions of ideas as property.

      It may have served that purpose when copyright terms were short, but now that they are creeping ever toward perpetuity, and penalties for infringement are becoming more draconian, copyright stifles the progress of science and the useful arts. Perhaps it is time for the very idea of copyright to be scrapped.

      --
      The Uncoveror: It's the real news.
    9. Re:This one is just asking for it. by mc6809e · · Score: 2, Insightful

      Actually, the way I would describe it is not censorship, but rather the erosion of our Constitutionally-protected due process rights.

      Discovering the names of people possibly involved in a crime is part of due process.

    10. Re:This one is just asking for it. by mc6809e · · Score: 1

      Locking up ideas as property through stifles their free flow much like suppressing them. This is how copyright is censorship.

      Except copyright law has nothing to do with protecting ideas.

      What is protected is a very specific creative object and much less general a thing than an idea.

    11. Re:This one is just asking for it. by spyowl · · Score: 2, Insightful

      Actually, there is an element of censorship there. You know that just because company XYZ says that someone is trading "illegal" material does not automatically make it so. You'll remember MPAA's automated messages accusing some universities and other mirrors of copyright violations because the GPL software package name they hosted somewhat resembled some of their movie titles - those were DMCA takedown notices. Any government-mandated removal of content which constitutes expression and speech is indirectly censoring those expressions.

      If you continue with this line of thinking - most copyright violations are civil matters. I am guessing the way ISPs would remove content from their customers' hardware is by shutting of their service. How would you like your friend to notify your bank that he believes you owe him $50 and your bank was obligated to freeze all your accounts?

      Even in criminal cases this is impossible. Even if someone accuses you of stealing $1000 from them, they cannot go to your bank and have your accounts closed without going to the courts first.

      And don't believe what your parent post says about "equal protection" for little guys because that's bullshit. Most large ISPs have different contacts for corporate lawyers and for regular Joes. i.e. if Adobe believes someone is distributing Photoshop from AOL you can be sure they are not writing to abuse@aol.net level one support technician. Some ISPs (I don't remember which ones) openly post their corporate contact e-mail addresses in their whois records but warn that those are for corporate DMCA/copyright use only and any private messages will be disregarded. I wonder why.

      Maybe where we do need censorship is for some "industry groups" like BSA and cartels like MPAA and RIAA to be unable to bribe lawmakers into passing unfair, unconstitutional, and mostly bad laws against the people.

    12. Re:This one is just asking for it. by mcleodnine · · Score: 1
      Discovering the names of people possibly involved in a crime is part of due process.
      ...and we all know how thorough the BSA is when it wants to bring down the hammer on somebody
      --
      one better than mcleodeight
    13. Re:This one is just asking for it. by minion · · Score: 1

      Could you please explain what censorship is taking place here? Other than the obvious removal of illegally distributed content.

      If this was to be implemented I don't see why it would only affect corporations and business entities. It would provide extra protection for GPL'd software copyright holders in the event of their copyright being infringed amongst others.


      Without trying to get too windy, the reason this infringes on anyone's right, is because copyright was never meant to be like this. Copyright is there to protect the authors from someone else selling their re-produced works for profit. That is not what is currently happening. What is currently happening is our Fair Use rights are being taken away.

      We need to look at the larger picture here, rather than just music and videos. This affects all forms of publication. Free access to information is what spawns innovation. It is what drives people to do more, to build upon someone else's idea and make it better.

      You need to read Stallman's The Right to Read. Far fetched? Maybe. Possible? Most definitely.

      --

      -- If we don't stand up for our rights, now, there will be no right to stand up for them later.
    14. Re:This one is just asking for it. by wasabii · · Score: 1

      You are 100%. Just because they say so, doesn't make it true. But it does however make it possible for them to find out weither it is or isn't true. Do you think it would make any sense if after some lady claims I stole her purse, I could hide in a church (private property) and the police couldn't persue me there? No, the police come in. They verify if a crime took place, and then they leave... either with the criminal or without.

    15. Re:This one is just asking for it. by node+3 · · Score: 1

      If this was to be implemented I don't see why it would only affect corporations and business entities. It would provide extra protection for GPL'd software copyright holders in the event of their copyright being infringed amongst others.

      Yeah, right. There are soooo many problematic GPL violations being hidden behind ISP adherence to personal privacy (lol).

      Any benefit (if there even *is* any) seen by the free software community will be absolutely minimal, while the actual erosion of personal liberty and privacy *will* be quite noticeable and chilling.

    16. Re:This one is just asking for it. by Pofy · · Score: 2, Insightful

      >Discovering the names of people possibly involved
      >in a crime is part of due process.

      So, isn't that allready possible with todays laws? File with the police and they can investigate if there is reasonable suspicion. Appearantly BSA seems to argue that THEY should be able to act police and directly go to ISP and demand infromation. That is hardly how it should be. Similary, just because I suspect someone might have commited a crime, I can't simply demand infromation on them from the bank, ISP or whatever, should I? Or perhaps I should even be allowed to search a companies office if I suspect they might have done something illegal to me? Would that be OK?

    17. Re:This one is just asking for it. by Pofy · · Score: 1

      Yes, the key here is the POLICE. They are the ones comming on and verifying if there is an illegal activity. That is why we have law enforcement and courts and so on, to handle those things. What BSA wants is for them to be able to go to ISP and do the police work.

      That would of course require that anyone claiming copyright (most have probably written something sometime) should be able to to the same. And why stop at copyright infringement. If I suspect music comanies of some illegal activity (with some appearant to me evidence), should I then be allowed to go to theor bank and ask for info? Should I be allowed to enter their offices to search for what really happened and who did it? That is a very dangerous direction to move in. If an illegal activity is going on (or suspected), it should be the police who handle it, or the two parties can resolve it between them, but not dragin in others (like the ISP), that is thw work for law enfocement if needed.

    18. Re:This one is just asking for it. by spyowl · · Score: 1

      You are making mine and many others' points but maybe are unaware of it. First of all, if you are talking about a civil violation or a civil case, you don't have a right to enter someone else's property to go fishing and find out whether your friend still has $50 you lent him or not. You may be allowed by the property owner to enter, but you don't have an automatic right.

      Second, if you are talking about criminal offenses which are not between 2 private parties, but maybe police and a suspected violator, even then the police don't have a right to go in or through anyone's (church or ISP's) private property as they please - they need a warrant from a judge to do that. Again, an ISP may disclose the information voluntarily without a warrant, but they are not required to. Now, you have to realize there is a huge difference between handing out warrants to the local police, and empowering multi-national corporations with the same policing powers. The former is reasonable, the latter is wrong on several different levels.

    19. Re:This one is just asking for it. by Master+of+Transhuman · · Score: 1

      "Only on slashdot can Iranian censorship remind you of how evil the US is."

      Why - because it reminds us that the neocons intend to attack Iran and create further chaos in the Middle East in order to gain oil revenues, prop up the failing US dollar, and outflank Russia (so they can start another war in the future to make Halliburton even more profitable)?

      Oh, wait, this was flamebait...

      Never mind...

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    20. Re:This one is just asking for it. by Master+of+Transhuman · · Score: 1

      "Slavery is illegal, Rape is illegal"

      Unless you're a member of the US military in Iraq...

      And Iran, eventually...

      And Syria eventually...

      And Saudi Arabia eventually...

      Last I heard, distributing copyrighted materials over the Net hasn't given anyone a broken fingernail (except maybe from the keyboard)...

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    21. Re:This one is just asking for it. by Master+of+Transhuman · · Score: 1

      "No, the police come in."

      With a warrant.

      Issued by a judge.

      Based (supposedly, but rarely) on sworn facts presented by the investigating officers.

      And, yes, I know about "hot pursuit" - which doesn't apply to file trading...

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    22. Re:This one is just asking for it. by Master+of+Transhuman · · Score: 1

      Irrelevant.

      For centuries, people produced artifacts for trade. Other people saw those artifacts and reproduced them themselves. This is how stuff gets made and distributed throughout the species.

      Protecting ANYTHING - specific or not - reduces the speed with which advances are distributed throughout the species.

      NOT protecting anything does not in the slightest slow down the rate of advance of new ideas. There is absolutely NO evidence that the rate of introduction of new ideas is dependent on the protection of those ideas by the state.

      In fact, the opposite is clearly the case. Protecting things slows the rate of production of new things because focus is then on the maximization of profit on the old things.

      Paradoxically, while the maximization of profit is the motivation for the production of new things by individuals, the net benefit for the species - and thus all individuals - is the minimization of profit on EXISTING things via competition. File trading is merely competition - not theft.

      Any form of intellectual property is damaging to the advancement of the species.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    23. Re:This one is just asking for it. by mattyrobinson69 · · Score: 1

      we should all go mob-handed to redmond and have a gander, see if we can find some more information on how microsoft tried to screw over the linux community via sco.

      Its effectively the same, except we'd be breaking the law, companies are asking if they can do it legally (kind of).

    24. Re:This one is just asking for it. by Stonehand · · Score: 1

      The police in which jurisdiction?

      And if it's the FBI that should be doing this, how many FBI agents do you think would have to be working on this -- and this alone -- full-time? Seems a waste of resources given that this isn't really a main goal of the FBI.

      I don't think that the BSA should be able to -automatically- get names, but if it can be shown that they did provide reasonable probable cause (e.g. demonstrating the distribution of copyrighted material whose copyright belongs strictly to their memberships) to the ISP, and the ISP insists on fighting, it's not unreasonable to bill the ISP for the extra costs incurred -- and the other way around holds, too.

      If somebody's tying up court time with frivolous allegations, or frivolously resisting a basically open-and-shut case, it makes sense to sanction them for it.

      --
      Only the dead have seen the end of war.
    25. Re:This one is just asking for it. by Alsee · · Score: 1

      Discovering the names of people possibly involved in a crime is part of due process.

      Not when they rewrite the law to take the courts out of the loop.

      It is NOT due process when *I* can write write up some lame-ass allegation that you infringed my copyright on this very post, and so long as I don't botch the paperwork a court clerk is required by law to sign off on it. I have then effectively issued myself subpoena powers to compell Slashdot and your ISP or whoever else to turn over your real name and home address to me.

      You see *I'm* a copyright holder on my post, and under the current law I am granted the power to obtain your name as possible being involved in infringing my ciopyright, strictly on my say so. The law allows me to entire skip the step of deu process and asking a judge to issue a subpoena based on actual and credible evidence.

      And now the BSA and RIAA and MPAA are lobbying to expand that already obscene abrogation of due process.

      When the police want to investigate a rape or murder, they have to go to a judge and ask for a friken subpoena. Now you tell me, why the HELL should copyrightholders be granted some special powers to BYPASS the entire judicial process and ISSUE THEMSEVES subpoenas at will? WTF??

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    26. Re:This one is just asking for it. by Alsee · · Score: 1

      If the police are investibngating a murder or rape, they have to go before a judge and ask the judge to issue a subpoena.

      Now you tell me, why the HELL should we be granting copyright holders some SPECIAL POWERS that nobody else has, special powers to bypass the courts and ISSUES THEMSEVES subpoenas at will?

      Hell, the idiots in congress have ALREADY granted them that special power, and they did so based on nothing more than the fact that the publishing industries lobbied for it because they didn't like the inconvience of needing to go before a judge and ask for a subpoena like everyone else. The current story is about the publishing industry going BACK to congress and asking them to EXPAND that absolutely obscene special grant to issue themselves subpoenas.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    27. Re:This one is just asking for it. by Stonehand · · Score: 1

      It's not just maximization of profit when you're talking about non-material IP; it's the -existence- of profit. It's rather hard to sell something for above cost if somebody else can replicate it and distribute it at below your cost.

      Now, for some domains where people are willing *and able* to provide their IP without a profit motive, perhaps because they're receiving satisfactory financial support from other directions, this may not matter much. Some software comes from non-profits, and that's even considering grant proposals as a possible financial motive.

      However, have you heard of any non-profit collectives beating commercial pharmaceutical companies in any major area of research? Or of any non-profit producing a processor design on par with AMD or Intel's design? Or, for that matter, even doing the sheer volume of engineering, consultation and testing necessary for something like the Photoshop CS suite -- and, at least from a user's perspective, I might suggest that the Gimp hasn't even caught up with Paint Shop Pro? Take away the profit, and it's difficult if not impossible in some cases to accumulate the resources needed for some tasks, even if you're benevolent and self-sacrificial to have the motive.

      --
      Only the dead have seen the end of war.
    28. Re:This one is just asking for it. by NoMoreNicksLeft · · Score: 1

      You're possibly involved in a crime. What's your name and social sec. number, citizen?

    29. Re:This one is just asking for it. by Reziac · · Score: 1

      Occurs to me that once the horror of Trusted Computing is complete, the notion of subpoenas related to online activity may become superfluous. Your guilt will be logged and a suitable fine will be automagically levied (perhaps billed via your ISP), sortof like those meatspace cameras that send you traffic tickets.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    30. Re:This one is just asking for it. by Pofy · · Score: 1

      >The police in which jurisdiction?

      In whatever one that is appropriate. There must be some.

      >And if it's the FBI that should be doing this,
      >how many FBI agents do you think would have to be
      >working on this -- and this alone -- full-time?
      >Seems a waste of resources given that this isn't
      >really a main goal of the FBI.

      I have no idea no idea how many agents they or any other police might have available, but then, one can say that about any illegal activity. One can't have a situation were one say "hey, there is no way the police will have resources to handle this illegal activity, so lets people handle it themselves, passing a law that allowes them to do so".

      >I don't think that the BSA should be able to
      >-automatically- get names........and the ISP
      >insists on fighting,

      What do you mean inist on fighting? They just say, go through the law enforcement authoroties as one do with any other illegal activity were two OTHER parties are involved. They don't opose that. That is what it is all about. Why should they be able to get it at all dirctly from the ISP? That means I should as well if I suspect someone, somewere might infringe on my copyrights, right? Should it only be copyright? What about robberies? If I suspect my stolen gods might be in a house, should I then be allowed to request information about the owner of the house regarding it? To identify who it might be and so on? Should every single person suddenly be allowed by law to work as police when they are involved in illegal activities? That is what it is all about, the ISP just said, that it should be handled by law enforcement. I feel that it is approproiate.

    31. Re:This one is just asking for it. by Master+of+Transhuman · · Score: 1


      Your assumption is that there can be NO profit where intellectual property is not enforced.

      Bullshit.

      Your statement that one cannot sell above cost when someone else can replicate and distribute below your cost is not born out by existing markets. Cost is not the only factor in profitability as any merchant will tell you. There are other factors which contribute to the maintenance of profitability. Service is one simple example. Mere distribution is not necessarily sufficient to control a market.

      The rest of your argument is irrelevant since your basic premise is bogus.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    32. Re:This one is just asking for it. by compro01 · · Score: 1

      i can pull out a good support on this. how many people pirate books off the net? very few AFAIK.

      why?

      i personally find it much easier to read a real paper book, than i find to read it on the computer screen, or even on a PDA, even though it costs me $10-$30 to get the book and it could be online for free. thus, the book industry is in no dnager from piracy

      simple solution to the problem, for the most part anyway, is to cheapen the product to the point where it is less than the ammount of time one would spend pirting it (time is money).

      there would always be pirates, but this would cut out the mainstream thing right now.

      --
      upon the advice of my lawyer, i have no sig at this time
    33. Re:This one is just asking for it. by Master+of+Transhuman · · Score: 1


      Actually I'm a bad example for that one - I pull technical ebooks off Usenet constantly. I've got a library that would have cost me several thousand dollars by now.

      HOWEVER, since I don't HAVE several thousand dollars to spend on books, those publishers would never have received a dime from me anyway. So my "pirating" hasn't actually cost them a dime.

      And you're right, it's still not very comfortable to read books as PDFs on a 15-inch screen.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    34. Re:This one is just asking for it. by Anonymous Coward · · Score: 0

      screw those morons...........
      the BSA can suck me.......I have the same copy of
      win98se on 3 different boxes..take that bill gates.....damn commie

  3. Of course they want those changes by Anonymous Coward · · Score: 4, Insightful

    In case you hadn't noticed, several ISPs have told them no, they can't have the names, and the courts have backed them up.

    1. Re:Of course they want those changes by Noctrnl · · Score: 5, Insightful

      The stance of ISPs is that they need the extra step (suing for the logs, etc) in order to protect the privacy of customers. They contend that if the RIAA, MPAA, or whoever can just call up and get records, that it'll become frivilous. Obviously, that's going to incrue cost for the ISPs as well as make basically everyone's net habits available on a whim.

      I'm glad at least some companies still have some sense.

    2. Re:Of course they want those changes by BobPaul · · Score: 1

      The stance of ISPs is that they need the extra step (suing for the logs, etc) in order to protect the privacy of customers.

      I wonder how much of the ISPs complaint is because they don't actually have the logs? I'm not sure how much things have changed, but I know 5 or 6 years ago it was pretty common for the smaller dialup ISPs and telco owned ISPs to log FAR less than their privacy policy would lead you to believe.

      I know one local company doesn't even delete your account when you cancle.. they just stop billing you. Were I not on broadband through another company I could be getting free dialup on my old account. I have a few friends that do.

    3. Re:Of course they want those changes by Anonymous Coward · · Score: 0

      I'm not sure it has anything to do with privacy, but rather the cost of providing the requested data. When the RIAA once asked AOL for the names of approximately 60,000 users who they "suspected" of file sharing copyrighted material, AOL responded, "sure, give us the $60 per request and we'll be happy to provide the data". At $3.6 million I can see why AOL said, "no", and it has nothing to with privacy--though I'd like to think otherwise.

    4. Re:Of course they want those changes by DarkTempes · · Score: 1

      they could just not keep logs, or have them auto-purged every 15min ;) which brings up a question i always had. how DO the ISPs know which customer is (or was) which IP? i mean i can figure out if they log enough they can probably get it down to the 'node' and they certainly log/keep around mac addy's....but otherwise how do they really know?

    5. Re:Of course they want those changes by Anonymous Coward · · Score: 0

      Depends on the ISP and the mechanism they use. PPPoE makes it really easy (you sign in), Static is relatively easily (assuming everyone stays on their assigned ip), and DHCP is doable with a little bit more work.

  4. And how cleverly they want to pass it by kompiluj · · Score: 5, Interesting

    In the news.com.com.com.com article you read:
    The white paper also suggests tightening the rules under which patents are issued to allow both proposed and issued patents to be challenged more easily.
    This is very, very funny, indeed... emphasis mine.

    --
    You can defy gravity... for a short time
    1. Re:And how cleverly they want to pass it by back_pages · · Score: 1
      In the white paper, the policies suggested include:
      To ensure that patent litigation remains a last resort used only rarely, patent administrative procedures should provide the ability for third parties to challenge a patent application, obtain post-grant review, or oppose a granted patent.

      I'm sure they are talking about improving the existing mechanisms and are aware of 37 CFR 1.99 which begins with:
      "A submission by a member of the public of patents or publications relevant to a pending published application may be entered in the application file if the submission complies with the requirements of this section and the application is still pending when the submission and application file are brought before the examiner."

      As I'm sure we all know, patent applications filed after November 29, 2000 will be published as a Pre-Grant Publication within 18 months of submission. There is also some existing mechanism that allows a third party to protest an issued patent and have it re-examined, but I'm not familiar with the procedure or the details beyond what I've already said. Note that I'm not saying they're suggesting a dumb policy, but instead pointing out that they must be referring to an improvement in the existing system that allows third parties to challenge a patent application.

      They also suggest:
      Promote high-quality search and examination results by improving the prior art database. BSA supports efforts to improve prior art databases and promote work and resource sharing to ensure that patent examiners throughout the world have access to these databases.

      This is probably an excellent suggestion if implemented effectively. For all the griping about the poor quality of issued patents, resources like IBM's Technical Disclosure Bulletins are more of a novelty than an industry standard procedure. I'm sure there would be value in assembling a technically oriented, well documented database of the history of computer technology. Even stuff like the date that Microsoft first used Clippy-like helpers might be hard to find and cite authoritatively - modern refences that point to Microsoft BOB in 1995 are easy to find, but finding a reference from 1995 detailing the little dog could be a challenge. (Don't kill me if you have one, that's just a quick example.)

    2. Re:And how cleverly they want to pass it by killjoe · · Score: 1

      In This cnet article BIll Gates refers to people who want to reform IP law as "communists".

      I am surprised he didn't say terrorists but clearly he is laying the ground work to get people who disagree with him on the terrorist list.

      --
      evil is as evil does
  5. the hell with this country. by Anonymous Coward · · Score: 0
    its over. they own it all now.

    I'm thinking of moving towards a more Grizzly Adams kind of existence.

  6. Well... by Anonymous Coward · · Score: 5, Insightful


    The US needs a Canadian style privacy commissioner who acts on the behalf of the people rather than a government that acts on behalf of big business.

    1. Re:Well... by Anonymous Coward · · Score: 0

      Does your President really need another lapdog? I know our PM has enough even without the Privacy Commissioner.

    2. Re:Well... by Alsee · · Score: 3, Insightful

      I have an even better suggestion, how about legislators who act on the behalf of the people?

      Sadly I can't think of a country to cite as an example.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  7. Oh well... by Sly+Mongoose · · Score: 4, Insightful
    Internet Service Providers (ISPs) should be required to reveal the names of customers who may be distributing illegal wares on peer-to-peer networks.
    There goes 'presumption of innocence.'

    Again.
    1. Re:Oh well... by grub · · Score: 1


      Good catch, eagle eye!

      --
      Trolling is a art,
    2. Re:Oh well... by the+bluebrain · · Score: 1
        • Internet Service Providers (ISPs) should be required to reveal the names of customers who may be distributing illegal wares on peer-to-peer networks.

        There goes 'presumption of innocence.'

        Again.

      A) The presumption of innocence only holds in criminal cases. This is civil: they only want to sue you, not arrest you.
      Well, OK, they do want to arrest you, but they're not going as far as to actually say that.

      B) The word "may" is used. But let's face it: they know exactly who is trading what, and whether it's illegal or not. Half the files on P2P are dummies they put there themselves. Using the word "may" is just to make it pallatable to lawmakers, newsmakers, and John Q. Public.

      That being said, I don't think the proposed legislation is any good, either. But I'd prefer to slam it for the right reasons.
      --
      yes, we have no bananas
    3. Re:Oh well... by sangreal66 · · Score: 2, Interesting

      You're right. I guess we shouldn't go after people who may have commited a murder either. Presumption of innocence doesn't apply here, this is about getting you into a court where you are presumed innocent. Noone along the way is expected, or required to believe you are innocent. Otherwise noone could be charged with any crime because it would accuse them of being guilty.

    4. Re:Oh well... by October_30th · · Score: 2, Insightful
      There goes 'presumption of innocence.'

      Isn't that reserved for the trial? How could you have an investigative phase if you'd have to prove the case first?

      As far as I know, and at least over here, the cops can search your home if there's a "reasonable cause" for it. Such a cause might be you smoking pot on the balcony and your neighbours reporting it, or that someone posts kiddieporn on the usenet using your (forged) IDs.

      --
      The owls are not what they seem
    5. Re:Oh well... by Bloater · · Score: 1

      Except that in the case of murder, it is the police that want information about the perpetrator, and not some unaccountable corporation.

    6. Re:Oh well... by uncoveror · · Score: 1, Insightful

      Comparing copying things to killing people with malice, forethought and a motive? Now that't not comparing apples to oranges, that's comparing apples to rocks. It's ridiculous.

      --
      The Uncoveror: It's the real news.
    7. Re:Oh well... by AnotherBlackHat · · Score: 2, Interesting

      I guess we shouldn't go after people who may have commited a murder either.


      That's right, we shouldn't.

      I think the fourth amendment says it best;

      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


      Getting a warrent isn't that tough - all you need to do is convince a judge that you've got good reason to believe a crime has been commited.

      Getting a warrent may seem like a pointless formality, but it's not.

      -- Should you believe authority without question?

    8. Re:Oh well... by mc6809e · · Score: 1

      There goes 'presumption of innocence.'

      Everyone is presumed innocent until proven guilty, but that doesn't stop (and shouldn't stop) a legitimate investigation.

      If you have evidence someone is stealing your property, the LEAST you can do is find out their name.

    9. Re:Oh well... by sangreal66 · · Score: 1

      Simply calling my argument stupid does not refute it. Please explain how they are different in relation to the debate at hand. You can replace murder with any crime you wish and my statement remains the same.

    10. Re:Oh well... by Pofy · · Score: 1

      >B) The word "may" is used. But let's face it:
      >they know exactly who is trading what, and
      >whether it's illegal or not.

      How do they know who is trading? It doesn't have to be the one signed up with the ISP, if can be his wife (or her husband), it can be someone else in the family, or a friend visiting and so on. Do they also want to make the law so in copyright related criems you are suddenly legally responsible foer what anyone else do? What is next, the buyer of clothes is registered so he can be the one guilty when there is a bank robber using them (regardles of it is him or not actually doing it)? If someone uses my car for illegal activity, should I be responsible? Like if he runs over and kill someone? That seems insane.

    11. Re:Oh well... by sangreal66 · · Score: 1

      Getting a warrent may seem like a pointless formality, but it's not.
      I completely agree. I don't support the BSA's proposed legislation. I was simply attempting to provide the reason behind the use of the word "may". Getting a warrant does not change the fact that someone only may have commited a crime. It simply means there is a justifiable reason to believe they have.

    12. Re:Oh well... by G00F · · Score: 1

      the problem is being overlooked.

      For them to get name they need to have proff that it is being stolen(or what ever you want to call it)

      and to force them into givign the names, that is what the governemt should do, once the government has been shown proff.

      It already exists a way for them to inforce it. What they want now is a way for them to enforce it and proffit from it.

      --
      The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive
    13. Re:Oh well... by Anonymous Coward · · Score: 0

      Simply calling my argument stupid does not refute it. Please explain how they are different in relation to the debate at hand. You can replace murder with any crime you wish and my statement remains the same.

      The answer is that most people consider some crimes more serious than others, and are therefore willing to countenance potentially greater violations of innocent people's rights in fighting "serious" crimes than they are in fighting "minor" crimes.

      For example, most people would agree that it's reasonable to go after someone with a full squad of heavily armed cops, and to go in with weapons drawn, kicking doors down as necessary, if you are apprehending a terrorist suspect. Using the same level of force in apprehending someone suspected of shoplifting is going to meet with less approval.

      Look, even the courts make a greater presumption of innocence in the case of non-violent crimes. If you're arrested on suspicion of terrorism or murder, you're unlikely to get bail, because it is judged that the risk you pose to the public if you're guilty is great enough to risk infringing on the right not to be detained before conviction. If you're arrested on suspicion of criminal copyright infringement, you'll probably get bail.

    14. Re:Oh well... by Anonymous Coward · · Score: 0

      The word "may" is used. But let's face it: they know exactly who is trading what, and whether it's illegal or not.

      Oh, sure. Is that why they're sending out DMCA takedown notices to anyone hosting files with names that vaguely resemble their property, regardless of whether the files in question actually have anything to do with anything they own at all?

    15. Re:Oh well... by lifeblender · · Score: 1

      The entire objection to this law is that "reasonable cause" is no longer important, since ISPs would be forced to turn over the names of people who were violating laws. This is different from the current situation, where due process is required against offenders. That's why this is a violation of privacy. It removes the due process part of an investigation. Oh, IANAL.

      --
      Playing pornographics games during the day is evil! Play at night!
    16. Re:Oh well... by Ultiam · · Score: 1

      "I guess we shouldn't go after people who may have commited a murder either."

      If by we, you mean the people, then indeed we should go after people who may have commited a murder. But at the same time, the family of the victim shouldn't receive the right to attack someone who may have commited a murder, which is effectively what would happen.

      "Presumption of innocence doesn't apply here"

      Presumption of innocence does apply here, unless you are naive enough to believe that once the BSA have your name they are going to leave you alone. In reality, once they have someone's name, they will go after that person, provoking significant legal expenses and hardship. Even if you win in court, you still lose a lot of money, time, and energy.

      The problem with the way the BSA/RIAA/MPAA want the system to run is that they effectively punish the person before the court case even begins, regardless of guilt.

    17. Re:Oh well... by Anonymous Coward · · Score: 0

      I guess we shouldn't go after people who may have commited a murder either. no we should but there should be due process through the courts and gathering a warrant. the "patriot act" stripped enough american rights don't you think? and like another author said, comparing murder to piracy is like comparing apples to rocks. There is no comparison. The only reason "piracy" is illegal is because corporate lobbiests paid congress to pass such laws to make sure they get as much money as possible. That's the new american way. let's look at what you said from another angle. Minority Report style, lets say this passes then they start going after everyone who MAY pirate software. do you think that's fair?

    18. Re:Oh well... by QuantumFTL · · Score: 1

      Internet Service Providers (ISPs) should be required to reveal the names of customers who may be distributing illegal wares on peer-to-peer networks.

      There goes 'presumption of innocence.'

      For hundreds of years our justice system has based its investigations on the concept of "probable cause." According to this well-written document, "probable cause" means either "more likely than not" or "substantial possibility". There are thousands of non-offending uses of P2P programs, many of which are beneficial - but lets face it, the vast majority of p2p use is illegal. If you're an ISP and you see someone using limewire to download 50 gigs of data - is it really likely that that person decided to download 75 linux ISOs? Probably not.

      Do I like this law? Not really. But to say that it totally destroys "presumption of innocence" - when they take you to court, you're still presumed innocent until proven guilty, that has not changed.

      Besides, if we lived in a land where people could only be searched if we were 100% sure they had broken the law, well, we wouldn't catch very many criminals that way.

    19. Re:Oh well... by Stonehand · · Score: 1

      That's a problem with the court system, not the BSA or copyright infringement.

      Your neighbor, if he's a bored attorney with nothing better to do, could make his neighborhood a pain to live in by filing papers against everybody in sight for no particular reason except perhaps to goad people into settling for small amounts. There are sanctions that can be used against frivolous lawsuits, but it's possible that they're underused.

      This has absolutely -nothing- to do with presumption of innocence, which is only about what the court can do to you once you're there.

      I'm inclined to think that court costs/legal fees (which can in cases be awarded, I think) should perhaps be awarded more often. If the BSA were penalized significantly for frivolous lawsuits (in addition to the PR hit), they'd have less incentive to do so.

      --
      Only the dead have seen the end of war.
    20. Re:Oh well... by Sigma+7 · · Score: 1
      How do they know who is trading? It doesn't have to be the one signed up with the ISP, if can be his wife (or her husband), it can be someone else in the family, or a friend visiting and so on
      This is a non-issue.

      The person responsible for the downloading his or her Internet connection is the one that may be assumed to be using the file trading software. If the person responsible for the connection knows that his friend used the computer to download or trade the stuff, then that person may ask the court to change the defendant to reference his or her friend.

      If you want more information on basic legal tactics, you should ask or retain either a Paralegal or a Lawyer.
    21. Re:Oh well... by Legion303 · · Score: 1

      Last time I checked, corporations weren't cops. Although to be fair, it has been a couple of days since I checked.

    22. Re:Oh well... by Reziac · · Score: 1

      I foresee ANY use of broadband being flagged as "probable cause" :(

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    23. Re:Oh well... by Pofy · · Score: 1

      >The person responsible for the downloading his or
      >her Internet connection is the one that may be
      >assumed to be using the file trading software.

      Forgive me for not being a native english speaking person, but to me this sentence doesn't make sense. Anyway, the person who use a computer and download something may not at all be the same who has an internet connection. That is what I tried to say.

      >If the person responsible for the connection
      >knows that his friend used the computer to
      >download or trade the stuff, then that person may
      >ask the court to change the defendant to
      >reference his or her friend.

      He might not know who it was, How would I know if it was my wife, my doughter, a friend of theirs, or perhaps a freind of mine that used my computer?It is not up to some random (well not completely random) accused person to find the real guilty person. At least not were I live, perhaps you have laws that makes it the responsability of the accused to find the real person if he is innocent.

    24. Re:Oh well... by The+One+and+Only · · Score: 1

      >>I guess we shouldn't go after people who may have commited a murder either.
      >
      >That's right, we shouldn't.
      >-snip-
      >Getting a warrent isn't that tough...

      And who do you get a warrant for? People who may have committed a murder. You do not have to actually prove that they did commit the murder in order to get the warrant.

      Dumbass.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    25. Re:Oh well... by Sneakabout · · Score: 0

      I think that there is a historical reason for that thingy.... when us british were running the place there was some kind of open warrant thing which meant they could do anything they wanted really, and you had to help them. Good to know that you aren't going down *that* route, that would be incredibly ironic after all....

      --
      Sneakabout is a mysterious figure, having done too much mathematics.
    26. Re:Oh well... by AnotherBlackHat · · Score: 1

      And who do you get a warrant for? People who may have committed a murder. You do not have to actually prove that they did commit the murder in order to get the warrant.



      You could just as easily say we get a warrant for people who have mass.

      Sure, we only get warrants for people who may have committed the crime, but "may have committed a crime" is not the reason the warrant is issued.
      "may have committed a crime" includes everybody.
      Since it seems to be important to you to make the distinction, let me rephrase it;
      We shouldn't go after people when the only reason is that they may have committed a crime.

      It might seem like semantic quibbling, but it's precisely this kind of thing that led to authorities breaking into peoples houses, stealing their property, and eventually becoming a bigger problem than the crime they were "investigating".

      -- should you believe authority without question?
    27. Re:Oh well... by Fulcrum+of+Evil · · Score: 1

      Simply calling my argument stupid does not refute it. Please explain how they are different in relation to the debate at hand. You can replace murder with any crime you wish and my statement remains the same.

      With murder, the cops use a subpoena to get relevant info in an investigation. What we're comparing this to is potentially allowing anybody to get this info without a subpoena and for a much less serious offence. You argument is stupid and I feel dumber for having heard it.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  8. Strengthening one thing or weakening another? by moz25 · · Score: 1

    Well, there are some differences between the two products: in the case of music files, they are passive chunks of data that can be recorded from radio too. In the other case, the software itself may be able to give information in a spyware-esque way to the vendor... wouldn't that make more sense (for them)?

    1. Re:Strengthening one thing or weakening another? by eofpi · · Score: 1

      But spyware treads close enough to the wrong side of wiretapping laws that real software companies don't want to risk having it thrown out of a case that hinges upon it, nor being forced to reveal in court the fact that they spy on their customers (which could leave them wide open for countersuits from the defendants and class-action lawsuits from legitimate customers, not to mention the enormous amounts of bad PR it would generate).

      --
      Y'know, you blow up one sun and suddenly everyone expects you to walk on water.
  9. weak link by Doc+Ruby · · Score: 3, Insightful

    The phone company should be liable for the crimes plotted over their wires, and the credit card fraud charged, too, along with the P2P copyright violations over their DSL. Why stop at the ISPs? Oh, because they're not in the room with the lobbyists to defend themselves.

    --

    --
    make install -not war

    1. Re:weak link by northcat · · Score: 1

      They are not asking to make ISPs liable. They are asking to make it required for ISPs to provide information about people who may be infringing on copyright. So the proper analogy would be the phone company being required to give information about someone doing something illegal.

    2. Re:weak link by northcat · · Score: 1

      Oops, sorry for the bold text. I forgot a closing tag before the first "about"...

    3. Re:weak link by Doc+Ruby · · Score: 1

      I'm talking about the ISP's legal obligations, "liability" is probably a bad choice of words. In any case, the phone company is legally required to divulge call/caller info under much more stringent rules, and not in cases of civil complaint - rather, criminal proceedings for wiretap and traffic analysis. The analogy is accurate: can the RIAA force BellSouth to send it a copy of your phonecall with me, with a letter from an RIAA lawyer? They'd have to convince the FBI or something to tap the phone in the first place, then divulge the call. Maybe if the SBA can make some kind of unholy alliance with the Homeland Security Department, but that's not what's happening in this story (yet).

      --

      --
      make install -not war

    4. Re:weak link by Stonehand · · Score: 1

      For a file sharer, it's actually quite different -- since it's not a remotely private activity if it's on a big open network such as KaZaA or relations thereof.

      In other words, it's more like contacting a rental agency to ask who's renting one of their cars, when there are credible reports that somebody's been selling drugs or mooning people or whatever but all witnesses have is the license plate and model. The ISP can fairly insist that the BSA *show* that the IP/machine in question is actually distributing software, which shouldn't be too hard to do if it's doing so often enough that it got the BSA's attention. If the BSA shows that this downloading actually can occur, and the ISP sees this, it's rather dissimilar from the phone company case.

      --
      Only the dead have seen the end of war.
  10. ma-nure by gravyfaucet · · Score: 2, Insightful

    If the giant corps can still afford large teams of high-priced lawyers to file thousands of lawsuits and high-power lobbyists to blow congress, then piracy is obviously doing little to hurt the bottom line.

    --
    Yes! Evil rules! Good can suck it! Suck it, good!
    1. Re:ma-nure by cdrguru · · Score: 1
      Except what about the non-giant corps that are getting shafted because people "borrow" their software (with stolen credit cards) and then post it on the web? What incentive is there to buy something when you can get it for free?

      End result, there are no more non-giant software companies, just the giant ones.

    2. Re:ma-nure by praedor · · Score: 0, Redundant

      And yet, even though linux if free as in beer and free as in speech, I STILL PAY $ FOR MY OFFICIAL COPY for convenience and time saving. Imagine that.


      I am willing to pay for software or music but...once I buy it, it is MINE to use however and wherever the f*ck I want. If I own 3 computers, then I OWN the software I bought and I OWN the computers. I WILL install said software that I OWN on all the computers I OWN. I will NOT pay for the same friggin bits again and again just so some BS corporate/leech can make money that isn't owed or deserved. Keep making a worthwhile product and selling it but get out of my way of using it when I friggin buy it. Software is NOT the same as a printed book, or a car, or a piece (of shit) designer clothes. It is ephemeral and infinitely reproducible at virtually no cost whatsoever.


      The day (not holding my breath) we have molecular replicators, then cars, clothes, wrenches, etc, become as "valuable" as software bits. That wont stop companies that should cease to exist from trying to survive regardless of reality on the ground. Tough titties. REAL Reality trumps DESIRED reality every time. Adapt or die.

      --
      In Bushworld, they struggle to keep church and state separate in Iraq as they increasingly merge the two in America.
  11. this is good news by Anonymous Coward · · Score: 0

    makes for an even more incentive to get people to use GNU/Linux :^P

    1. Re:this is good news by Anonymous Coward · · Score: 0

      You know, it's interesting with the advent of "so much FOSS", that people would STILL rather risk fines and jail time to download and use illegally obtained commercial software rather than the FOSS crap.

  12. Deeper into the pit... by vertaxis · · Score: 0

    Time to pull out the jack boots and learn to goose step.

    --
    Fear is the enemy; the one true enemy. {Sun Tzu-The Art of War}
  13. didn't you learn to share from your parents by slothman32 · · Score: 1

    Even if they do get it passed there will still be "sharers." They can be arrested but there will be more. eventuall there will be jails full of sharers whome people will notice. And of course all the poor people who get sued and get their life ruined because of it. They will have to become criminals to pay for living since they have no money left. In other words it will do nothing.

    --
    Why don't you guys have friends or journals?
    1. Re:didn't you learn to share from your parents by oliverthered · · Score: 1

      'In other words it will do nothing.'
      Except make more people poorer.

      --
      thank God the internet isn't a human right.
    2. Re:didn't you learn to share from your parents by eofpi · · Score: 1

      That argument didn't work very well for stopping the War on (Some) Drugs.

      The problem is, noone with any credibility wants to see it go down the tubes because they came out against a badly-done band-aid on a purported problem, and noone who can do anything about it will listen to those who don't have much (or any) credibility.

      It'd be nice if it's different this time, but it'll take an awful lot of grandmothers and 12-year-olds going to jail over it to get the attention of Joe Sixpack.

      --
      Y'know, you blow up one sun and suddenly everyone expects you to walk on water.
  14. Current laws seem to suffice... by BobPaul · · Score: 1

    The Business Software Alliance, a lobbying group whose members include Microsoft Corp. and Apple Computer Inc.

    It would seem that judging by Apple Computer's recent lawsuit that the current laws are sufficient for them.

    1. Re:Current laws seem to suffice... by northcat · · Score: 1

      I was really waiting to see how an Apple zealot would use even this to defend Apple. Thanks.

    2. Re:Current laws seem to suffice... by BobPaul · · Score: 1

      from dictionary.com

      zealot n.
      1. One who is zealous, especially excessively so.
      2. A fanatically committed person.


      Are we on the same page here? Your comment simply confuses me...

    3. Re:Current laws seem to suffice... by Anonymous Coward · · Score: 0

      zealous ( P ) Pronunciation Key (zls)
      adj.
      Filled with or motivated by zeal; fervent.

      zeal ( P ) Pronunciation Key (zl)
      n.
      Enthusiastic devotion to a cause, ideal, or goal and tireless diligence in its furtherance.

      zeal

      n 1: a feeling of strong eagerness (usually in favor of a person or cause); "they were imbued with a revolutionary ardor"; "he felt a kind of religious zeal" [syn: ardor, ardour, elan] 2: excessive fervor to do something or accomplish some end; "he had an absolute zeal for litigation"

      I think zealot still applies .. fanboy.

  15. WHY??? by Bolshoy+Pimpovich · · Score: 1

    Jeebux, people! Can't we all just get along... Much of my interest in computers was sparked by Napster... then came Kazaa - which provided many learning tools to me (if you catch my drift). What harm does it do to have some highschool and college kids get ahold of Macromedia (or any other brand) software... in the long run, it's better for the company. I'm sure some of the people who get pirated software will pursue careers using it, and in turn create future business for the company (they will have their claws in the poor kids!). meh, whatever.

    --
    Ehta nyeh IBM, ehta Macintosh!
    1. Re:WHY??? by Anonymous Coward · · Score: 0

      Because it's illegal, that's why NOT.
      What harm does it do if I take the neighbors sportscar for a joy ride? I put it back unharmed.
      It's still theft.
      Pirating software is a crime.
      You put yourself on the same level as the drug junkie on the corner who steals stuff to get his fix. He doesn't give a damn about the effects of hs crime either.
      Oh and Macromedia and other companies have special pricing for schools and students. Of course, stealing is easier than to be honest and maybe ask......

    2. Re:WHY??? by Ultiam · · Score: 1

      "It's still theft." No it isn't. It's copyright infringement. "He doesn't give a damn about the effects of hs crime either." What effect does piracy have if you wouldn't have otherwise bought the software?

    3. Re:WHY??? by Anonymous Coward · · Score: 0

      It is called getting an education discount or using the computer lab's legally bought software.

      Need more time then in class? Use the computers during their open lab time, most colleges provide this, and you can get the work you need done without even owning a computer.

      If it is an inconvenient, consider saving up for it or doing without. Just because the company might allegedly gain some legit buyers doesn't mean that people are entitled to getting their stuff for free. There are lots of people who warze their stuff, just want to freeload stuff without paying for it, and are not interested in pursuing careers using that software.

    4. Re:WHY??? by Anonymous+Brave+Guy · · Score: 1
      No it isn't. It's copyright infringement.

      <Obligatory>Courts have called it "theft" in many jurisdictions. The use of the word "piracy" in this context dates back a very long time, too. Please stop hiding behind a dictionary, particularly when you don't understand it, and make a real argument.</Obligatory>

      What effect does piracy have if you wouldn't have otherwise bought the software?

      Please learn some basic economics, law and logic as well. Here's some starting reasoning for you:

      1. Assume the law applies equally to everyone.
      2. Remove the copyright protection in law.
      3. Observe that the only copy of a work guaranteed to be sold for money will therefore be the very first.
      4. Consider the immediate and longer term implications for:
        1. the content creator
        2. the first purchaser
        3. subsequent purchasers
        4. the economic system as a whole.

      The only non-absolute here is point 3, and if you look at the amount of charity given to free products in music, software, etc. at present, there's not much to support an entire economy based on generosity any time soon.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    5. Re:WHY??? by node+3 · · Score: 1

      Because it's all about a system of control, not whether one person or another will eventually buy a future product license.

    6. Re:WHY??? by Anonymous Coward · · Score: 0

      i still stand behind your parent post. i believe you are wrong b/c poor people dont buy software. if someone makes money off of "illegal" software it's not like it DESTROYS the industry.

      i believe helping the poorest of the world makes more sense then helping the rich. (they can take care of themselves /w their money, while poor people are usually f*cked)

      helping the rich (by hurting millions of "pirates/thieves") doesn't make sense. if a percentage of the people in the world are breaking the law, the law should be changed.

      if a certain amount are smoking weed, perhaps the law is wrong.

      not many wish to believe the country/system they stand behind is simply wrong. but of course with the big 5 running tv, no one will admit to it.

      "it takes a brave person to look inside themselves"

      learning windows from a pirated box seems to have worked for microsoft. they pretend to care but they are happy people pirate their shit. macromedia dreamweaver is the choice software for people who know shit about webpages (for now). companies have no choice about pirating. same /w schools and gov'ts.

      so joe six-pack starts making crappy pages (that are kinda useful) and eventually ends up making a site that draws money in. that sure beats him not doing ANYTHING b/c he can't break a few eggs.

      i hate how people can't realise that these companies OWE US. (arogant but isin't if it's true...)

      companies make their bread off of everyday people. buy a car and ford makes money. buy a comp, dell makes money. whoever. these companies have made their way from the hard work of their workers and the profits of users. they owe them their exsistance.

      i owe my exsistance to the world that gave me life. same deal. piracy is just a tax on successful companies that made their living from the populace.

      so yes, if i made a company, i'd EXPECT people to pirate it if they can not afford to purchase it. some may even pirate when they CAN afford it. shit happens. why give a damn when you have millions of dollars?

      seems petty for ANY company to charge people for pirating their stuff. they lose my respect. microsoft is a good target in this as they are the bigest for software. they make lots from multi machine companies/schools/governments/etc and if they are cracking down on pirates, they ungrateful that they have their attention (pirate attention).

      i'd agree that they wouldn't buy it anyways. they'd prob sit on welfare watching tv instead of doing something productive online.

      it's not like the entire american culture was founded on slavery (way worst then piracy, yet legal at the time) aswell as back stabbing the British empire. even now with the oil theft. maybe with consumption of our resources at the highest in history, perhaps we'd fall to a dark age w/o it.

      i read somewhere on this article's posters that it was about control. that about sums it up. (rome putting anyone who opposes on crosses pretty much)

      i really need ot make an account sometime...lol

    7. Re:WHY??? by ssimontis · · Score: 1

      Your missing the point. Piracy is piracy. There is nothing you can say to defend it. If you think the item your piraitng is overpriced, don't buy it. Imagine if you created an important piece of software. Nobody else had a product like yours, so you decided you could make some profit off of it. Would you like it if people started pirating your product because they thought it was overpriced? Piracy is stealing. Stealing is a crime.

      --
      Scott Simontis
    8. Re:WHY??? by Ultiam · · Score: 1

      Thank you for your condescension in informing me about basic economics. However, you have completely missed the boat.

      No matter how hard you attempt to justify it, copyright infringment is not theft. When you steal an item from someone, you take said item from them. When you pirate software/media, the original owner retains full access to the item in question. You merely have an unauthorized copy. The act of making an unauthorized copy has always been termed copyright infringement.

      As for courts calling it theft, I challenge you to present even one example of an American court that has claimed copyright infringement is the same as theft. (I'll give you a hint: save your time and don't bother looking, because there arn't any)

      Your nifty list unfortunately begins with the false assumption that I believe that copyright protection should be entirely abolished, which is not the case. I do believe, however, that the copyright duration should be scaled back to what it was originally, before Disney et all began bribing Congress. And more importantly, I believe that copyright should only apply to commercial use of material. In other words, that the individual should be legally allowed to make copies of material for their own use.

    9. Re:WHY??? by Anonymous+Brave+Guy · · Score: 1
      Thank you for your condescension in informing me about basic economics.

      You're welcome. You seemed to need it. :-)

      No matter how hard you attempt to justify it, copyright infringment is not theft. When you steal an item from someone, you take said item from them. When you pirate software/media, the original owner retains full access to the item in question.

      That simply isn't true. If you have an illegal copy, and never purchase the original, then you have reduced the market for sale for the copyright holder by one. If 1,000,000 people on your P2P network generate copies "for personal use" from a "friend" on the network within two hours of a new album/movie/game being released and never buy it, then they have collectively reduced the market for sale of that item by 1,000,000. I accept that a few of those people may then go out and buy it when they wouldn't otherwise, but the idea that more people do that than rip instead of buying is laughable and always has been. In other words, while copyright infringement may not deprive the copyright holder of the work itself, it obviously lessens its economic value, and thus deprives them of money to which they were legally entitled.

      As for courts calling it theft, I challenge you to present even one example of an American court that has claimed copyright infringement is the same as theft. (I'll give you a hint: save your time and don't bother looking, because there arn't any)

      Don't kid yourself. At least one poster cited just such a case, from the US, in the last discussion I saw on this subject right here on Slashdot. It explicitly used the word "theft" to describe the action in the ruling, and the poster was citing it in response to a post much like yours.

      Your nifty list unfortunately begins with the false assumption that I believe that copyright protection should be entirely abolished, which is not the case. I do believe, however, that the copyright duration should be scaled back to what it was originally, before Disney et all began bribing Congress.

      I have never disagreed with that, and indeed I've condemned that particular abuse explicitly elsewhere in this very thread. But let's compare illegal copies made on P2P networks, shall we? You get a dollar from me for every work older than say 25 years that's been copied illegally. I get a dollar from you for every work less than 25 years old that's been copied illegally. One of us is going to get real rich here: who is it?

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  16. And so? by October_30th · · Score: 3, Insightful
    distributing illegal wares on peer-to-peer networks.

    And what business would these people have distributing illegal wares on peer-to-peer networks in the first place?

    If it's illegal, as the author readily admits, then why should not the law crack down on such activities?

    --
    The owls are not what they seem
    1. Re:And so? by gilroy · · Score: 2, Insightful
      From the parent poster:

      And what business would these people have distributing illegal wares on peer-to-peer networks in the first place?

      If it's illegal, as the author readily admits, then why should not the law crack down on such activities?

      From the actual article:

      [The BSA] said Internet service providers like America Online should be required to reveal the names of customers who may be distributing copyright software through "peer to peer" networks like Kazaa.

      Internet service providers have argued that investigators should be required to file a lawsuit to get customer names, an extra legal step that they say protects customer privacy and cuts down on frivolous requests.


      Because the BSA isn't arguing that actual lawbreakers should face harsher penalties. They're arguing that the BSA, RIAA, MPAA, etc. should have unfettered access to customer data, just in case said customer might be breaking copyright laws.

      Now, you see, in a nation under the rule of law, there are judicial protections that prevent governmental or corporate "fishing expeditions". Put more quaintly, as a nation the US follows the presumption of innocence -- or at least, it has traditionally.
    2. Re:And so? by October_30th · · Score: 1
      just in case said customer might be breaking copyright laws

      Ok. Access with some evidence such as IP number recordings might be more appropriate as a prerequisite for a search.

      --
      The owls are not what they seem
    3. Re:And so? by JJahn · · Score: 1

      Lots of things are illegal. By your logic, we could install video cameras everywhere (normally private areas too). Because, after all, why should the law not crack down on these illegal activities? The point is, there should be a presumption of innocence. Right now, they have to go file a John Doe lawsuit to be able to subpeona the records from your ISP. This cuts back on the number of frivolous claims, because there is cost involved with filing the lawsuit.

    4. Re:And so? by Sabalon · · Score: 4, Insightful

      Lets say you put a file named windows.zip on Kazaa. Turns out it has nothing to do with Microsoft, however with the way some of these anti-piracy searches go, they may catch that and want to go after you.

      As of right now, to figure out your identity, they have to file to get that information from your ISP. What they are proposing is they can just pick up the phone and say "we think this person is doing something bad, give us all their information."

      It would be scary enough if the government could do that without going through the proper legal channels, but this is proposing that coporate america get these kinds of power and unlimited access.

      Yes...the law should crack down on illegal activities, but it should not allow businesses to be able to hurl an overwhelming number of lawsuits at people just based on thinking it's illegal and having instant access to the client information. Just like the law - they should have to do all their homework and make sure they have a decent case before hauling you into court, not just a bunch of conjecture. With this change, it'd be too easy for the BSA to haul any average joe into court and accuse them and draing their financial resources in a heartbeat - before they could prove they didn't do anything wrong.

    5. Re:And so? by October_30th · · Score: 0, Troll
      By your logic, we could install video cameras everywhere

      Uh. Not really. If you're trading something on the net that sounds/looks like a copyright infringement, why shouldn't the companies have the right to check it out?

      --
      The owls are not what they seem
    6. Re:And so? by October_30th · · Score: 1
      they may catch that and want to go after you

      Yes. And what will happen after they realize that the file has nothing to do with Microsoft?

      --
      The owls are not what they seem
    7. Re:And so? by X-rated+Ouroboros · · Score: 1

      If you're trading something on the net that sounds/looks like a copyright infringement, why shouldn't the companies have the right to check it out?

      It's more cost effective to subpoena than to actually check it out. Eventually they may get the ISPs to crack down on file-sharing "voluntarily" to reduce the costs of responding to subpoenas. And I don't mean "illegal file sharing". Legal file-sharing will also generate frivolous subpoenas due to the minimalist checking.

      Basically, the ISPs don't see why they should be forced to pay to do the legwork to make it easier for some other company to harrass their customers.

      --
      Simple Machines in Higher Dimensions
    8. Re:And so? by Ultiam · · Score: 1

      "Yes. And what will happen after they realize that the file has nothing to do with Microsoft?"

      It doesn't matter. By that time legal fees alone would have put you in debt, not to mention all the time you would have had to take off work to defend yourself. Even if they drop the case, you still lose.

    9. Re:And so? by Anonymous+Brave+Guy · · Score: 1
      Yes...the law should crack down on illegal activities, but it should not allow businesses to be able to hurl an overwhelming number of lawsuits at people just based on thinking it's illegal and having instant access to the client information.

      That would be a perfectly reasonable approach, provided that the effort required to kill a false accusation was trivial and there was a proportionate penalty attached to companies making false accusations when they could reasonably have known better (e.g., fine them a reasonable hourly rate for the time required to prepare and present that trivial defence). In fact, loser pays (as in many other countries but apparently not the US) is a much more equitable legal system, IMHO.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    10. Re:And so? by Alsee · · Score: 1

      why shouldn't the companies have the right to check it out?

      Who suggested otherwise?

      The conflict is whether they have to go to a court and ask a judge to issue a subpoena legally compelling the appropriate information to be turned over, or if we should directly grant judicial power to every random individual* to issue a subpoena themselves and legally compel the hand over of whichever information they feel like asking for.

      It is an expansion of the current broken DMCA 512 subpoena preocess, the one where congress effectively granted subpeona power to every random person*. A court clerk merely reviews that you filled in the paperwork correctly, then he is required to sign off on it no matter how absurd it is. Not only that, but the only part of teh paperwork that is "under penalty of perjury" is the claim to be a copyright holder of something, but not any claim that the target of the subpeona is actually infringing, or even that the subject of activity is even the same thing that you have a copyright on. In fact the subject of activity could be - and at times HAS BEEN - an entirely unrelated PUBLIC DOMAIN work, rather than the copyright being cited in the subpoena.

      * It grants the power to copyright holders, but everyone is a copyright holder of anything they write. In fact I can effectively issue myself a subpoena based on my copyright of this very post, and compel Slashdot or anyone else to turn over your information to me.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    11. Re:And so? by Alsee · · Score: 2, Insightful

      The *I* have already obtained YOUR real name and home address.

      Because if Microsoft can bypass the courts and compel your information to be handed over on their say-so, then so can I. You see I'm also a programmer, and thus the copyright holder of any software I write. Oh, and I happened to name my program "Picnic" and I happened to see a file names "Picnic.zip" on your computer.

      Oh, your Picnic.zip was actually your family photos of a picnic? Oh, well, I already served my subpoena and obtained your info from your ISP. And if my subpoena was bogus in the first place, and if I actually happened to be some psycho who wanted to hunt you down and kill your family, oh well, I never needed to go to a judge ask for that subpoena. I was granted the power to bypass the courts and compel the hand over of your info merely by filling out the paperwork and demanding it on my say so.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    12. Re:And so? by Anonymous Coward · · Score: 0

      If you've served your subpoena, you have to stand by it, and take your lumps if your victim stands up in court, shows the isp logs, the file in question, and countersues for harrisment

      The problem with the power that is being sought is that it needs no subpeona, and thus has no need to prove due cause, and leaves the victim completely at the mercy of the copyright holder, with no ballancing risk to the copyright holder.

      The court rightly told them to take a hike.

      Recall that tean that was "fined" $2000? Note that that "fine" was set entirely by the RIAA, as an out of court settlement for a "crime" that as the recent judgemnt points out, has never been taken to court, and at present there is no clear legal consensus that a crime has even occured, since the boundry between personal sharing and contributery copyright infringement has yet to be drawn in court.

    13. Re:And so? by Anonymous Coward · · Score: 0

      countersues for harrisment

      LOL! Good freaking luck pulling that one off!

    14. Re:And so? by lachlan76 · · Score: 1

      Loser pays is NOT always a fair system, since how many p2p users/people who were unable to win a case with the RIAA/MPAA/BSA can afford to pay whatever their corporate high-price lawyers cost?

    15. Re:And so? by Sabalon · · Score: 1

      Like others said - the effort for you to get them to realize that the file has nothing to do with Microsoft would be high moneywise. Look at the approach the RIAA took with pay our penalty or we take you to court. How many opted to just pay instead of trying to defend themselves in court - right or wrong?

  17. United States of AmeriCo. by teamhasnoi · · Score: 1
    Equal protection under the law, as long as you're a limited liability company.

    If the BSA ever comes to my door, I will make soap with their bodies, and wash my balls with it.

    1. Re:United States of AmeriCo. by Dominic+Burns · · Score: 1

      "If the BSA ever comes to my door, I will make soap with their bodies, and wash my balls with it."

      Don't throw the bones away! I know a nice little soup recipe.

  18. Not Real Software houses by Anonymous Coward · · Score: 0

    Only the semi-useful people lobby for such stuff. The ones that CAN, they DO, the rest try to protect intellectual poverty! Theirs!

  19. Dear felon by opqdonut · · Score: 1

    Your ip has been logged. A strike team is en route to youe location. Please move away from the computer, close your eyes and put your hands behind your head.

    Yours sincerely,
    Robert S. Mueller
    Director of the Federal Bureau of Investigation

    --
    yes > /dev/dsp
    1. Re:Dear felon by Bolshoy+Pimpovich · · Score: 1

      Sure... that's well and good... I don't know what you mean - Oh, and BTW, I'm in friggin' IRAQ RIGHT NOW . . . Dun Dun DUUUUUUN

      --
      Ehta nyeh IBM, ehta Macintosh!
    2. Re:Dear felon by wernercd · · Score: 1

      Keep up the good work out here (I assume your US Military of some flavor, as I am). And Yes I'm in Iraq also, although I'm counting the minutes until I leave this hell hole. One month left. Bah.

      He's trying to imply that by advocating piracy the FEDs have you located and will 'take you out' in some kind of Big Brother Conspiracy Theory fashion. Mabye a reference to the movie Hackers or something.

      Peace out.

    3. Re:Dear felon by Bolshoy+Pimpovich · · Score: 1

      Indeed. I am military... In Kirkuk - with 1 month to go before the party starts. Good luck, and be safe during the elections. -SPC Anonymous

      --
      Ehta nyeh IBM, ehta Macintosh!
    4. Re:Dear felon by wernercd · · Score: 1

      I'm west of baghdad in probably one of the best places you could be out here. I wish you all my luck, as you will most likely need it more than I do. I've been lucky enough getting posted where I'm at.

      But then again I've always had my cards land just right. I wish the same for you my brotha.

    5. Re:Dear felon by Legion303 · · Score: 0, Troll

      Get a room.

    6. Re:Dear felon by wernercd · · Score: 1

      Why? Are you wanting so suck my ass in the privacy of a hotel room?

      If you don't like the fact that two US Military Service members are wishing each other luck... well then... I'll let you know when I give a shit.

      Have a nice day.

    7. Re:Dear felon by lachlan76 · · Score: 1

      It was just a joke...it's better not to take things like that too seriously IMHO.

      Anyway, I hope everything goes well for ya.

    8. Re:Dear felon by wernercd · · Score: 1

      It's hard to tell who's serious and who's not at times. I tend to get alot of bad vibes when I mention the US Military and what not. I've gotten used to more bad vibes than good vibes on something like that.

      Gotta love the internet where you can say stuff like this tho. Thanks for the well wishes. They are appreciated.

    9. Re:Dear felon by lachlan76 · · Score: 1

      One of my friends has said "Get a room" almost everytime we're in a 3-way MSN convo with his ex, it kinda comes naturally to assume it's a joke ;)

      Anyone who has a problem with you defending their country is an asshole, IMO.

    10. Re:Dear felon by Legion303 · · Score: 1

      No, no, it's just when I see two people pulling each others' dicks in an unrelated public forum, I tend to have the knee-jerk habit of telling them to get a room. Sorry if you took it the wrong way. :(

    11. Re:Dear felon by wernercd · · Score: 1

      LOL It's no problem. I tend to view questionable comments in a bad light. Comes with some responses I've made/gotten on past threads. Very interesting stuff. No harm no foul as I wasn't really THAT offended by it. Your apalogy accepted and I hope you accept my apalogy my knee jerk reply lol.

      Chris

  20. Last time I checked by inode_buddha · · Score: 4, Insightful
    The last time I checked, all people were supposed to be equal under the law. Here, we have natural persons vs corporations, it seems. Now, would somebody show me where the corporations are assuming the same responsibilities as natural persons?

    Don't get me wrong, I'm all in favor of copyright enforcement (as a GPL user). However, I'm also all in favor of equal rights and equal responsibilities. And it seems like the corporations are trying to gain "more-than-equal" rights here, without accepting the responsibilities. When was the last time you saw a CxO pay the same kind of penalties that a regular person would?

    --
    C|N>K
    1. Re:Last time I checked by sangreal66 · · Score: 1

      When was the last time you saw a CxO commit the same kind of crimes that a regular person would. The reason the punishments are usually different are due to the nature of the crimes. Corporate crimes are generally civil matters, leading to cash settlements/judgments. On occasion, they are criminal, and executives get jailtime (enron, adelphia, etc).

    2. Re:Last time I checked by inode_buddha · · Score: 1

      That is true. My point was more about the scale of punishment. Paying a few hundred million is nothing when one has billions in the bank (as a corporation). Copyright abuse is a civil matter for both natural persons *and* corporations; IMHO the protections that CxO's have under the corporate banner should not exist, in the same way that the SEC wands hedge funds to begin reporting a bit more.

      --
      C|N>K
    3. Re:Last time I checked by Ultiam · · Score: 1

      "When was the last time you saw a CxO commit the same kind of crimes that a regular person would." Enron robbed millions of people of their retirement funds. When was the last time you saw a regular person do something so evil?

    4. Re:Last time I checked by Anonymous+Brave+Guy · · Score: 1
      Enron robbed millions of people of their retirement funds. When was the last time you saw a regular person do something so evil?

      I rather suspect you're exaggerating: millions of people? Really? Even so, the guys at the top are being tracked down and sent to jail for a long time for letting it happen. Those who supported both that company and the auditors without keeping an adequate eye on them have lost a lot of their own money too.

      As for evil, a girl younger than me who lives in the same city was just found murdered, after she disappeared over new year. I'd say anyone who could do that is pretty much on a different scale of evil to a corporation that misses a few shots while trying to exercise its legal rights against people who are deliberately ripping it off.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    5. Re:Last time I checked by Alsee · · Score: 1

      Actually the law that want is even worse than you realize, because it grants such power to every random idiot that wants to hunt you down.

      The law they want is an expansion of the DMCA, which already grants this sort of power to any copyright holder. And guess what? EVERYONE is a copyright holder. All you have to do is fill out the paperwork correctly, and claim to be the copyright holder on some random poem or somethign which you wrote, and the court cleck HAS to sign off on your application and it becomes an active subpoena.

      Has someone flammed you on the internet? Just draft yourself a subpoena, have his ISP hand over his real name and address, and egg his house.

      Have you been abusing your wife, and she ran off and divorced you? Just find a recent post from her somewhere on the internet, draft yourself a subpoena, have the ISP hand over her current location, and drive over to beat her to death.

      Just fill out the paperwork properly, no matter how bogus your infringment allegation is, and the court clerk is legally compelled to sign off on it and the ISP is legally compelled to hand over the information.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  21. Engines of progress: profit and greed by Anonymous Coward · · Score: 0
    Ah. Such an insightful comment.

    What the hell is it with slashdot and this complete disregard of authors' rights these days? Everything should be free, right? Did you ever grow adult? Nothing's free and that's the way it should be!

    Profit and greed are the sole engines of progress.

    1. Re:Engines of progress: profit and greed by Anonymous Coward · · Score: 0

      It's art, not industry.

      Capitalism never pretends to be the best way to develop art. It's a near ridiculous idea.

      There's no concept of "progress" in the art world.

    2. Re:Engines of progress: profit and greed by Anonymous Coward · · Score: 0

      I just realized we were talking about software not music and the like, i retract my statements.

    3. Re:Engines of progress: profit and greed by Ultiam · · Score: 1

      I've helped to make your post more accurate by replacing a few words.

      What the hell is it with america and this complete disregard of peoples' rights these days? Everything should be free, right? Did you ever grow adult? Nothing's free and that's the way it should be!

      Profit and greed are the sole engines of corruption.

  22. "Stronger copyright laws" malapropism by spywarearcata.com · · Score: 4, Insightful

    It's not about "Stronger Copyright Laws" but in reducing the rights of the invidividual to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.

    1. Re:"Stronger copyright laws" malapropism by Anonymous+Brave+Guy · · Score: 1
      It's not about "Stronger Copyright Laws" but in reducing the rights of the invidividual to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.

      As far as I can tell, it's not about "stronger copyright laws" at all. It seems to be about stronger enforcement of copyright laws. Given that the current mechanisms are clearly inadequate (since lots of people are getting away with breaking the law) I don't see how anyone can reasonably object to that in theory. The practice may be a different discussion altogether, of course.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    2. Re:"Stronger copyright laws" malapropism by spywarearcata.com · · Score: 1

      The existence of conflicting rights, responsibilities, and laws means that we have to live where no interest is perfectly satisfied.

      It could well be that right now we have the proper balance with some people getting away with unlawful behavior, just as some companies get away with monopolistic and anti-competitive behavior in software.

  23. The Dragon is crying by Rares+Marian · · Score: 1

    and nobody hears him.

    They always do thius before they give up.

    --
    The message on the other side of this sig is false.
  24. this could help... by Striker770S · · Score: 1

    should be required to reveal the names of customers who may be distributing illegal wares so all the isp has to do is say that he believes that nobody is distributing illigal wares. So all you got to do is bribe the isp or something. Oh hell we could always go around through a different ip adress and avoid the problem altogether.

    --
    I thought what I'd do was, I'd pretend I was one of those deaf-mutes. - Catcher in the Rye
  25. When will they learn... by William+Gates+IV · · Score: 0

    ...that the best way to protect your copyright is convenience, convenience, convenience. Make it easy to purchase, and have a _wide_ selection. That should do it...

    --
    --
  26. Am i the only one ? by nurb432 · · Score: 1

    That is beginning not to care?

    Im about to the point that i really dont care what laws they buy.. Im going to do what ever i have been all along.

    Once they manage to make it too difficult to function, then they loose another paying customer. Just as the RIAA and MPAA have done.

    --
    ---- Booth was a patriot ----
    1. Re:Am i the only one ? by Anonymous Coward · · Score: 0

      It's already too difficult to function. The "copy protection" on much software is so convoluted that I need to jump through hoops to make it work. It's much easier to download a cracked, pirated version that just works, and that's what I usually do.

    2. Re:Am i the only one ? by TheSpoom · · Score: 1

      The reason you should care (assuming you are in the US, which I am not, thankfully) is that eventually, they will make it legal for these lobbying groups to do whatever they want to stop you from being able to do what you're doing now (I believe they had a bill in Congress once that allowed them to try to gain access to your computer if they believed you were sharing copyrighted files [i.e. hack in], this was luckily struck down).

      Write your senators. This is NOT something that Americans should ignore, considering that more than half of you that are on the internet use P2P services.

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
  27. "presumption of innocence" by nurb432 · · Score: 1

    That concept died in the 80s...

    Now everyone is assumed to be guilty of something.. So actions are being taken accordingly.

    --
    ---- Booth was a patriot ----
  28. Copyright Is Good; Fishing Expeditions Are Wrong by reallocate · · Score: 3, Insightful

    Businesses lobbying Congress in their own interest isn't exactly news, is it? The Reuters piece at the link isn't useful: What specific legislation is involved, and how? My guess is that CNN chopped the story to fit.

    In any case, the key word is "may". I'm a copyright supporter, but don't have much use either for the entertainment industry or folks who argue that copyright doesn't exist. Acquiring the name of someone who's illegally distributing copyrighted material -- on the net or elsewhere -- ought to require a subpoena issued only after presentation of convincing evidence linking a specific, but unidentified, person with specific copyrighted material.

    No one should be able to go on a fishing expedition with ISP's, any more than they can go on a fishing expedition with printing press operators.

    --
    -- Slashdot: When Public Access TV Says "No"
  29. If they really want to lobby for a law... by mark-t · · Score: 2, Insightful
    Not that I'd be particularly interested in seeing it happen, but if they were serious about it, they could end wide-scale P2P in the USA virtually instantly.

    All they need to do is make it legally required for any ISP which offers service to residential customers in the US to put all those customers behind a NAT with absolutely no port forwarding of any kind... only communication sessions that are initiated by the home PC will go through, meaning that regular web use can continue uninterrupted (for web sites that are not hosted on residential computers). Sessionless packets like UDP can also be rejected unless they are directed at a port from which the designated computer had recently sent an outgoing packet. This might kill certain services, but none that would be liable to adversely affect the typical residential customer.

    Of course, this would mean that residential customers would be unable to use their home PC's as servers of any kind, which I'm sure would tick off more than a few people... people who are highly inconvenienced by the change would have to upgrade their ISP accounts to "corporate" levels, paying a higher fee.

    1. Re:If they really want to lobby for a law... by Sabalon · · Score: 1

      Nah....it'd just force a mild evolution in the p2p programs. A bunch of nodes in some other country that the p2p program would contact on startup thus ensuring that initial pack going out.

      Remember, the internet routes around censorship :)

    2. Re:If they really want to lobby for a law... by Laebshade · · Score: 1

      This might kill certain services, but none that would be liable to adversely affect the typical residential customer.
      Are you nuts? It would kill bi-directional VoiP (such as Vonage), which requires certain ports, and a lot of them. Vonage has over 400,000 customers as of 01/05/05; a lot of them will be pissed if their service was unusable.

      people who are highly inconvenienced by the change would have to upgrade their ISP accounts to "corporate" levels, paying a higher fee.
      Let's think about this: if people want to do something, they will do it. If they want to use P2P apps, then they will upgade the account. How does that really block P2P use? All it really does is force people to pay more for a service they already use.

    3. Re:If they really want to lobby for a law... by wozster · · Score: 1

      Wouldn't this also kill PC/Console online gaming, such as xbox live?

    4. Re:If they really want to lobby for a law... by mark-t · · Score: 1
      Yes... it forces people to pay more. The thing here is that since these people would have "corporate" accounts, there would be absolutely *NO* protection at all under any notion of "fair use", so the RIAA could prosecute infringers with impunity.

      The people that are really inconvenienced by this would pay more, sure... but realize that not everyone would be willing to pay more. After all, would you pay an extra $30 a month just to be able to distribute "free" music? Most people don't particularly want to spend more money so they can _give_ stuff away...

      And yes... it would kill VOIP... which interestingly enough is controversial anyways...

      It would also have the upshot of freeing up more IPv4 IP's (since all residential customers would behind a NAT). This could mean that the overall cost of acquiring a static IP could drop (or at least not constantly rise at the rate it has been).

      Finally, it would be beneficial to the ISP's who might not want their residential customers running servers anyways (many of them resort to port blocking, but that's only so effective... NAT'ting would provide a complete solution)..

      Really, the only people who lose out are the home users who run servers on their residential computers, and the biggest segment of those that would be adversely affected are the P2P users that are infringing on copyright. This solution would force the infringers off the radar of being targetted by ever-more militant approaches to solving the problem that actually _ONLY_ end up impeding legitimate use. This solution ends up costing legitimate users more money, but at least it's something they _CAN_ get around by spendinng on it as opposed to laws which could ban the tools outright (although how infeasable that would be is an argument I don't want to get into).

    5. Re:If they really want to lobby for a law... by mark-t · · Score: 1
      I'm not familiar enough with the xbox... does each xbox function as a server for other xboxes to connect to? or do they only communicate to eachother via centralized servers?

      Remember, I was only talking about canning the residential customer's ability to run a server, corporate accounts would still be able to.

    6. Re:If they really want to lobby for a law... by Alsee · · Score: 1

      these people would have "corporate" accounts, there would be absolutely *NO* protection at all under any notion of "fair use"

      Nonsense. You misunderstand fair use.

      In fact fair use includes going into business selling something for profit.

      I'm also not sure why you focus on fair use as some sort of end-all be-all on entire P2P issue. How much (or even if any) P2P traffic is "fair use" is pretty much irrelevant. The majority of legal P2P activity is going to be simply non-infringing, without fair use even coming into the picture.

      Fair use is always non-infringing, but non-infringing is a much broader catagory than just fair use.

      Your proposal to "solve" the situation is yet another stupid law to screw over innocent and non-infringing people in some misguided effort to remove people's ability to infringe.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    7. Re:If they really want to lobby for a law... by mark-t · · Score: 1
      Note, it does not _remove_ people's ability to infringe, it only really removes the primary incentive to do so (that is, as things currently are, they can infringe at no additional cost to themselves as much as they want). What I propose would merely add an additional cost for people who want to run these servers, not actually render it impossible to do so.

      People who want the ability to run home servers badly enough will pay for the service... it's still _POSSIBLE_. The average residential customer won't be too keen on paying more money just so they can act as a host and give stuff away. The only reason most people are using the P2P networks at all is because of what they can _GET_, not because of what they can give.

    8. Re:If they really want to lobby for a law... by neoee · · Score: 1

      When that happens I'm opening up my own ISP with no restrictions... anyone want to change providers? That being said this method sounds simular to most corporate firewalls, which can be easily defeated with HTTP tunneling programs. Also, though there may not currently be any p2p apps to circumvent this, how long before we see one if the ISP's start doing this?

    9. Re:If they really want to lobby for a law... by mark-t · · Score: 1
      Well that may be a thought... but the idea would be that it would be law, requiring all ISP's in the country that provide internet access to residential customers to conform to the requirements of that law. If you tried to start your own ISP, no problem, but you'd still have to NAT all residential customers.

      But I wouldn't worry about it ever happening... the RIAA isn't smart enough to think of it.

    10. Re:If they really want to lobby for a law... by kryptkpr · · Score: 1

      What I propose would merely add an additional cost for people who want to run these servers, not actually render it impossible to do so.

      Why should I have to pay more to be able to VNC into my box at home? Why should I have to pay more to use VoIP? Why should I pay more to host a game of UT2k4? Why should I pay more so that my linux torrents download faster?

      "Servers" or Incoming ports are for a hell of a lot more then "giving stuff away for free".

      What you propose is to completely destroy a huge portion of the net's usefullness (ex: I troubleshoot PC problems remotely for my clients over VNC, all the time) to the average user, with no benifit to the user what so ever.

      People would cancel their accounts with these "ISPs" so fast they'd need to hire extra staff to handle the calls. New ISPs that offered a REAL net connection at a reasonable rate would spring up to take their place.

      --
      DJ kRYPT's Free MP3s!
    11. Re:If they really want to lobby for a law... by TravisWatkins · · Score: 1

      ISP is "Internet Service Provider" so if my system doesn't connect to the traditional Internet then it isn't an ISP. :)

      --

      "But I'm still right here, giving blood and keeping faith. And I'm still right here."
    12. Re:If they really want to lobby for a law... by mark-t · · Score: 1

      If it "provides" access to internet content, then it would be considered an internet service provider, regardless of how traditionally it provides access to it.

    13. Re:If they really want to lobby for a law... by mark-t · · Score: 1
      You ask why you should have to pay more...

      Most ISP's would rather that you not be running any remote services on your home system anyways, since running servers often implies higher traffic volume, for which they would rather that you pay corporate level fees anyways. The only reason they might let you run services at all right now is because there's no requirement that they not allow you to and if they did, you'd probably switch providers. What I was proposing the suggestion, it would be federal law, so there wouldn't be any ISP worth switching to.

      Under that federal law, any ISP which offered unNAT'ted access to residential customers would be in violation of the law and would therefore be subject to fines that would make it completely unviable to try to run the business that way.

      I am fully aware that servers and incoming ports are for a hell of a lot more than giving stuff away for free, but that's what _most_ people use it for (and they don't even care they are giving stuff away for free, as long as they can _GET_ stuff for free). Most of the people that don't are the ones that would actually be willing to pay a little more for corporate level internet access anyways (if they aren't already), especially since the only other option anyone would have would be to leave the country and get an internet account with an ISP not subject to that restriction.

      And it would only "destroy" a huge portion of the net's usefulnesss with regards to home consumers that wanted to run servers but are too cheap to pay for corporate internet accounts. Yes, that's a pretty high number, but the biggest segment of these people are those that use P2P software to trade music, movies, and other files without respect for copyright.

      I am not proposing _eliminating_ access to the internet for legitimate purposes, only suggesting a means by which they could eliminate (or at least radically reduce) the incentive to do otherwise by not allowing residential accounts to accept incoming connections.

    14. Re:If they really want to lobby for a law... by kryptkpr · · Score: 1

      First, don't forget you can download (and upload) with outgoing connections as well.

      If everyone was NAT'd, it would push for further development of NAT-traversal technology, as well as Bidirectional sattelite, as well as other means of obtaining non-wired, unrestricted internet.

      I maintain that it destroys a lot of functionality, offers nothing in return and will eventually be technologically obsolete. Lets not even mention IPv6, the spirit of which goes totally contrary to your proposal.

      --
      DJ kRYPT's Free MP3s!
    15. Re:If they really want to lobby for a law... by lachlan76 · · Score: 1

      And if I make a system that doesn't use TCP/IP?

    16. Re:If they really want to lobby for a law... by Alsee · · Score: 1

      Why should I have to pay more to be able to play online games? To be able to use voice chat? To be able to upload and download SOFTWARE I WROTE to my friend in another state? To be able to run NetMeeting and remotely fix problems on his PC?

      And the thing I REALLY don't understand how you think this in ANY WAY changes the P2P situation? The only difference I see is that the ISPs get to leech more money off of people who want basic normal interent service. And once someone is paying extra for the "priviledge" of being able to play Starfleet Command and other games online, how the heck does it have any effect on P2P at all?

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    17. Re:If they really want to lobby for a law... by mark-t · · Score: 1

      You don't have to pay more to do these things, you only have to pay more if you want to run a server on your computer do do these things. In all honesty, your ISP probably doesn't want you running servers of any sort on your home computer anyways, it's just that for them to try to seriously stop you would probably only result in them losing a customer. If all ISP's in the country did the same thing because it was a law, then that wouldn't be a problem. People who want the service badly enough will pay more for it, P2P abuse would be radically curbed because most people who use it to infringe wouldn't be willing to pay more for it (their very character of wanting to use the internet to download music and movies "for free" suggests it).

    18. Re:If they really want to lobby for a law... by Alsee · · Score: 1

      You don't have to pay more to do these things

      Every single item I listed would be blocked under your proposal.

      People who want the service badly enough will pay more for it

      I ask you again, why the hell should I have to pay more to be able to play online games? To be able to use voice chat? To be able to upload and download SOFTWARE I WROTE to my friend in another state? To be able to run NetMeeting and remotely fix problems on his PC?

      P2P abuse would be radically curbed because most people who use it to infringe wouldn't be willing to pay more for it

      Again, if people are already going to be FORCED to pay more in order to get countless online games to function, to be able to use voice chat, to be able to transfer their own pictures and other files to friends and family, to be able to run Netmeeting and other remote acess software, and to be able to use hundreds of other peices of software, then how the heck does your proposal have any signifigant effect on P2P?

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    19. Re:If they really want to lobby for a law... by mark-t · · Score: 1
      Just for the record, I would be highly inconvenienced as well.

      However, I'd rather be put in a position of being forced to pay more for a service that is getting abused by some segment of the population (and it's a _VERY_ large segment) than to be designated a criminal outright just because I use some application that happens to also get used by the P2P infringers.

      I prefer to obey the law, and I would prefer that the law give me some options in what I do with _MY_ money, and how I use the resources that _I_ purchase.

      Money may not be easy to part with, but it's a heck of a lot easier to part with than freedom.

      Even if *all* that was left on the net was the basic web and http, that's what people would use for P2P... the only long term solution is to put *all* residential customers in the country behind NATs, period. Enforcement could occur by stipulating that any corporation that provided not so impaired internet access to residential customers (whether for profit or not) that did not comply with this requirement would lose its "common carrier" status and could be held accountable for *ANY* traffic that might pass through it.

    20. Re:If they really want to lobby for a law... by Alsee · · Score: 1

      When someone makes insane demands it does NOT mean it is a good idea to meet them "half way" and suggestiong something which is only "half" as insane.

      If some idiot demands a new law letting him shoot innocent people (including you) in the head, is your answer to say we should pass a law letting him shoot innocent people (including you) in the lung? Sure getting shot in the lung means you have to pay more for medical bills, and sure it means you have to try to get by breathing on one lung, but heay, at least you didn't get shot in the head? Right? When there is a dispute we should always meet them half way, right?

      How about we simply say "NO. YOUR DESIRE TO FOR A SPECIAL LAW LETTING YOU SHOOT ME IN THE HEAD IS ABSURD, GO DROP DEAD."

      The demands of industry cartels are not motivated by what is right or in the public interest. Hell, even their claim to be fighing for the creators is a lie. Their number one priority is to manipulate the law for their cartel to maintain monopoly control. Their number two priority is to manipulate the law to inflate profits. The internet is more a threat to the publishing and distribution industries and cartels than to the creators themselves.

      If someone wants to actually look for compromises and solutions in the public interest, fine. But that does not include the current demands of the publishing industry cartels. For copyright law there is certainly a valid intrest in artists making money and producing more work, but that has no connection to the survival of the RIAA. The RIAA is not interested in compromise and a good and benificial resolution, they are going to actively sabotage any resolution where the artists continue to make just as much money as they do now, but where the RIAA itself is obsolete and dies. And yeah, I think a good and beneficial resolution is going to include the RIAA dying. It's going to be hard to reach a good and beneficial resolution so long as we try to "compromise" with the absurd and unreasonable demands of industries that are either threatened with obsolescence or threatend by competition or which simply do not want to adapt to change.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    21. Re:If they really want to lobby for a law... by mark-t · · Score: 1
      I don't think you understand.

      It is only a matter of time before tools like BitTorrent _WILL_ be illegal to distribute in the USA, and it won't matter how unfeasable enforceability is, people who don't comply with the law _WILL_ be breaking it.

      I would just just as soon stay on the same side of the law, and the suggestion I proposed would admittedly inconvenience more than a few people, myself included, but it would actually be more likely to solve the problem they are having to a great enough extent that it would no longer be an issue (at the very least far more effective than banning P2P applications would be), and as for me, you, and the rest of the people that actually want to continue to enjoy our legitimate use the net, at least we have that _option_ open to us.

    22. Re:If they really want to lobby for a law... by Alsee · · Score: 1

      only a matter of time before tools like BitTorrent _WILL_ be illegal to distribute in the USA

      I'm plenty cynical about the government shenanigans going on in relation to copyright, but I for one am not ready to roll over and say "OK, shoot me in the head and get it over with".

      I'd like to note that not a single case of DMCA circumvention crime has ever been upheld in court. The good/bad part is that it's kinda hard to get a law struck down as unconstitutional on appeal until you actually have a conviction to appeal.While I'm pretty damn cynical about congress, I have some cautious optimism for the Supreme Court. I think there are some very good arguments to be made for striking down the DMCA.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  30. They're stealing from ME... by dmayle · · Score: 5, Interesting

    I've been waiting for just such an article as this to point out something that I've recently come to realize. Everytime there's a copyright article on Slashdot, there is the inevitable discussion on "piracy", "copyright infringement", and "stealing". In going over all of the arguments, I've come to realize that it is stealing, only everyone's got it backwards, the *AA, et al, are stealing from ME...

    The U.S. constitution makes it clear that works protected by copyright belong to the public, and granting of copyright should apply only to authors and inventors to "promote the Progress of Science and useful Arts".

    Well, each time Congress extends the length of copyright or strengthens patent law, they're stealing from me, they're stealing from you, and they're stealing from each person in this country who could gain anything from that work, even if it's just 90 minutes of enjoyment from watching an old movie for free. I, for one, am outraged, and now that Congress has turned to looting from me for the benefit of the few who are wealthy and powerful, I will feel no remorse when I download music, or copy DVDs.

    It's high time we started taking back our country, and if you think that control of information isn't the most important thing we have to fight for, then you've never studied oppressive regimes. So, copy a DVD for your family, download some MP3s, and help to start a revolution (in thought)...

    1. Re:They're stealing from ME... by spectecjr · · Score: 0, Troll

      Well, each time Congress extends the length of copyright or strengthens patent law, they're stealing from me, they're stealing from you, and they're stealing from each person in this country who could gain anything from that work, even if it's just 90 minutes of enjoyment from watching an old movie for free. I, for one, am outraged, and now that Congress has turned to looting from me for the benefit of the few who are wealthy and powerful, I will feel no remorse when I download music, or copy DVDs.

      Well, heck, whatever it takes for you to feel better about taking someone else's work without compensating them, I guess.

      It's amazing how easy it is to rationalize those things away, isn't it?

      --
      Coming soon - pyrogyra
    2. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      Misuses the word "take" when talking about copying: +3 troll points.

      Accusatory tone: +3 troll points.

      Completely ignores the point: +4 troll points.

      Threshold: 5 troll points.

      Result: You are a troll.

    3. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      Anyone who disagrees with the popular groupthink == Troll.

    4. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      Um, I don't know where you come from but the only people you are stealing from when you download movies, programs, or music is shareholders and CEOs. And I've got NO moral qualms about that.

      HOW, you ask? It is simple, content creators are usually paid a flat fee for their work, for programmers it is their salary, for movie makers it is what the movie studip pays them, and for musicians it is 0. They get paid regardless of how much their product sells. Anyone who gets paid in points is an idiot and deserves to be taken advantage of.

      There you go, stealing IP is not only moral, it's morally RIGHT!

    5. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      Sorry, no. When somebody complains about stealing in a GPL infringement case, I disagree there as well.

      This isn't about "groupthink", this is about being correct vs being incorrect.

      The original poster pointing out that the corporations are stealing from us was entirely correct, or at the very least, had a valid point that could be addressed.

      The person who simply used that as an excuse to accuse him of rationalising "taking" stuff that doesn't belong to him was trolling.

    6. Re:They're stealing from ME... by spectecjr · · Score: 3, Interesting

      The person who simply used that as an excuse to accuse him of rationalising "taking" stuff that doesn't belong to him was trolling

      Really?

      So you think that he's not just using a slippery-slope argument to rationalize his copyright infringement?

      Copyright law being extended does NOT give you the right to ignore it. It does NOT mean that the corporations are "stealing" anything from you - because you never owned the works you want to copy in the first place.

      It's a lame, and pretty damn transparent argument - it appeals to the idea that the corporations are faceless entities with Enough Money that the Robin Hood principle applies (Steal from the Rich, Give to the Poor).

      The thing about the Robin Hood principle is that, while always popular with the masses, it suddenly gets unpopular with the masses once it's applied to them individually and someone's copying their work.

      Ultimately, it's a selfish act on the part of those who want to freeload off the back of the hard work of others. The marginal cost of replication is NOT related to the cost of creation of the copyrighted goods - and when people copy others' works without compensating them, they're ignoring the cost of producing those works.

      It all comes down to two basic fallacious arguments:

      1. Corporations have Enough Money. They don't need any more. Them asking for more is hurting me because I want their things. I should get everything I want that they produce for free.

      - this is a lousy argument at best. If you want to set up such a system, who decides and how is it decided when you have "enough"? And why should YOU be excluded?

      2. Copyright law is restrictive, and I'm fighting them by being disobedient!

      - Bullshit. You just want free stuff, and you're trying to justify it. If you really believed in your principles here, you'd boycott them. That way you're legally in the right, morally in the right, and you're not giving them any ammunition to use against you. But people don't do that - ergo, they're just using this as an excuse to legitimize their copyright infringement.

      But hey, if you don't believe that he's rationalizing this theft, why dont' you explain what he was doing?

      Oh, and by the way... disagreeing with people is not "trolling".

      --
      Coming soon - pyrogyra
    7. Re:They're stealing from ME... by spectecjr · · Score: 3, Insightful

      Um, I don't know where you come from but the only people you are stealing from when you download movies, programs, or music is shareholders and CEOs. And I've got NO moral qualms about that.

      HOW, you ask?


      No, Why, I ask. But we'll let that slide.

      It is simple, content creators are usually paid a flat fee for their work, for programmers it is their salary, for movie makers it is what the movie studip pays them, and for musicians it is 0.

      Hmmm... while I can think of individual cases where this is true, I can think of plenty where it's not.

      For example, the company I now work for gives all of its employees a percentage of the company profits. It's a software company. So, no, the programmers there don't get paid a flat fee.

      So no, content creators aren't always paid on a work-for-hire basis. And you appear to have this idea that if you're a company, you don't deserve to have money. Clue for you: Companies are made up of people like you and me. I have a company. I'm the CEO. It has precisely ONE official employee - me. But it's still a company.

      They get paid regardless of how much their product sells.

      Theoretically, yes. Assuming your argument to be correct... how much any given product sells determines whether or not more products are made, which determines whether or not they continue to make a salary.

      If they lose money on a product, the team that makes that product will be laid off, and no more of those products will be made.

      Anyone who gets paid in points is an idiot and deserves to be taken advantage of.

      There you go, stealing IP is not only moral, it's morally RIGHT!


      No, it's not morally right. You've just given examples of people who work in the content industry, made a handwaving argument with no basis in actual reality about how people in that industry are paid and compensated, and you have NO link in your conclusion which takes that information and makes a moral determination one way or another.

      Try again, but this time, put some thought into your argument.

      --
      Coming soon - pyrogyra
    8. Re:They're stealing from ME... by mochan_s · · Score: 1

      ... whatever it takes for you to feel better about taking someone else's work without compensating them, I guess. It's amazing how easy it is to rationalize those things away, isn't it?

      You have used the Max Weber's theory of rationalization in your post without compensating him. Please send send payment to his estate.

    9. Re:They're stealing from ME... by rzbx · · Score: 3, Insightful

      Please, you and all those that argue the same point, do some reading on the subject. Also, do not get all your information on the subject from mainstream media. Mainstream media is controlled for the most part by the wealthy.

      Ideas are part of life. We continually produce new ideas that drive progress. The idea of an idea monopoly is about as absurd in capitalism as a monopoly on a particular area of business. It all comes down to control. Our society has grown up with intellectual property laws and therefore, many people rely on this system for a living. Those that argue that the system is corrupt, broken, a failure, anti-capitalistic, etc. are almost guaranteed resistance from those that benefit from it. Control is everything. If an industry, business, institution, etc. loses control of the market, people, etc., something will take its place.

      The problem is that the intellectual property system is very artificial. It goes against what comes natural. When a person finds a better way of doing something, then others may or may not copy it. It is far more efficient for society to replicate what works best. When the idea that allows for progress is in control of a specific person, etc. then it creates an artificial barrier. This barrier is supported by various means, most being legal.

      Now back to the argument of compensation. If a person, institution, etc. finds a particular area of interest in pursuing, they will. It the cost is too high, then it won't be pursued. Some will argue that because of the high costs of particular endevours, we will not progress without compensation. The same people seem to forget or undermine the important of organizations life the Science Foundation. Although the size of these institutions may be small now, they would likely be larger and more efficient without intellectual property law barriers.

      Unfortunately, our society has relied on this system for quite a few generations and any drastic change will produce consequences of many sorts for particular groups of people around the world. To say that we should immediately give up the intellectual property system sounds crazy and in many ways is.

      So what do we do? Do we allow these large institutions to strengthen the laws? Do we allow them to broaden these laws? In my opinion, the idea of intellectual property is one destined to fail. Whether or not it had benefitted us in the past is of no concern to me anymore. The question we must ask; what do we do to fix this?

      So please, those that argue for copyrights, just stop. If you have an idea that will help ease us off this corrupt system, speak up. But there have been far too many reptitive statements on this subject, both for and against. Occasionally someone will post something worth reading. For the most part though, the posts on slashdot are crap.

      Maybe I'm wrong. But if that is true, I'd like to see some actual argument. Comments like "how would you feel if people stole your work?" ado little to progress the discussion on this extremely important topic.

      --
      Question everything.
    10. Re:They're stealing from ME... by spectecjr · · Score: 2

      You have used the Max Weber's theory of rationalization in your post without compensating him. Please send send payment to his estate.

      Hard to use someone else's theory or plagiarize it when you've never even heard of it before.

      I don't know if you realized this, but theories can't be copyrighted either. The paper that explains them can be, but the theory itsef cannot. The closest approximation of what you're trying to go for is a patent.

      And yes, I know you were trying to be funny and make a point, but you did it in the lamest way possible.

      And what's more - even if it were possible to copyright a theory - is that if I use someone else's theory without ever having heard of them, I'm creating my own version. That's not copyright infringement. It's certainly not anything even remotely like taking DVDs and music and copying them to "stick it to the man".

      But hey, keep working on it. I'm sure you'll find a better way to rationalize your antisocial behavior. (And, by the way, it is antisocial - if you won't be governed by society's laws, you're antisocial by definition).

      --
      Coming soon - pyrogyra
    11. Re:They're stealing from ME... by rzbx · · Score: 1

      Also forgoet to mention. I do not mean the eventual complete destruction of all forms of intellectual property. There are some practices, laws, ideas in the intellectual property system we want to keep, improve, or make only minor changes to. But most of it must be dropped. One example is file-sharing. File-sharing is providing a decent transition that will create a new music ecnonomy without completely destroying the current one. The internet, computers, digital media, etc. all provide an instant savings in distribution, marketing, and other areas. The old system still remains and has even had better sales according to some. The idustry definitely is not about to fall. While the new music industry evolves, the old one will change. If society is to ever progress, we must change. The music, movie, and publishing industries can either resist or work with progress.

      Also, most artists, inventors, writers, scientists, and others would not be willing to go along with the current system if they understood it.

      Fair compensation under our current intellectual property system is just a perception. Some will benefit, most will not. In the end, it is law versus rationality.

      --
      Question everything.
    12. Re:They're stealing from ME... by Ultiam · · Score: 1

      Woah, talk about anal retentive.

    13. Re:They're stealing from ME... by spectecjr · · Score: 1

      Please, you and all those that argue the same point, do some reading on the subject. Also, do not get all your information on the subject from mainstream media. Mainstream media is controlled for the most part by the wealthy.

      I don't get all of my information from the mainstream media. I research most things that I hear passed around as 'fact', and have found a good many of them to be complete bunk. And I've done plenty of reading on the subject, thanksmuch.

      Ideas are part of life. We continually produce new ideas that drive progress. The idea of an idea monopoly is about as absurd in capitalism as a monopoly on a particular area of business. It all comes down to control. Our society has grown up with intellectual property laws and therefore, many people rely on this system for a living. Those that argue that the system is corrupt, broken, a failure, anti-capitalistic, etc. are almost guaranteed resistance from those that benefit from it. Control is everything. If an industry, business, institution, etc. loses control of the market, people, etc., something will take its place.

      There is a HUGE difference between an idea and a piece of intellectual property such as a copyrighted work. Ideas are ten a penny. A book cannot be equated with an "idea". It has ideas in it, but it is also built from a structure which takes a lot more work to put together than just randomly having an "idea".

      Do NOT equate the two. They are not the same, even if you want them to be. Ideas are free - you cannot copyright them. You can, however, copyright an expression of an idea.

      The problem is that the intellectual property system is very artificial. It goes against what comes natural. When a person finds a better way of doing something, then others may or may not copy it. It is far more efficient for society to replicate what works best. When the idea that allows for progress is in control of a specific person, etc. then it creates an artificial barrier. This barrier is supported by various means, most being legal.

      It's natural to eat food when you're hungry - so laws against shoplifting in grocery stores are unnatural. It's natural to kill people who threaten you - so laws against murder are unnatural. It's natural to want to have sex with other people - so laws against murder are unnatural.

      There is a difference between "natural behavior" and society - society governs natural behavior, and limits its actions for the good of the community as a whole. This means that sometimes you might not be allowed to do whatever the hell you want. Boo hoo. If you don't like it, exit the society.

      And again, you mix the concept of Idea with copyrighted work. Here's an idea for you: "Two lovers, from rival families, try to find a way to be together." This has just described West Side Story, Romeo & Juliet, and Pyramus and Thisbe from ancient middle-eastern myth. However, each of those stories is significantly different from one another - but they are all based around the same basic idea.

      Stop confusing the two. An idea takes no work.

      Now back to the argument of compensation. If a person, institution, etc. finds a particular area of interest in pursuing, they will. It the cost is too high, then it won't be pursued. Some will argue that because of the high costs of particular endevours, we will not progress without compensation. The same people seem to forget or undermine the important of organizations life the Science Foundation. Although the size of these institutions may be small now, they would likely be larger and more efficient without intellectual property law barriers.

      And where will the money come from to fund the Science Foundation? Taxes?

      Hard to get the taxes to pay for things like that when your population doesn't earn much money.

      In other words, you will limit progress, and return us to the days when only a very special few who were patronized or were wealthy could afford to create works. E

      --
      Coming soon - pyrogyra
    14. Re:They're stealing from ME... by spectecjr · · Score: 1

      Also forgoet to mention. I do not mean the eventual complete destruction of all forms of intellectual property. There are some practices, laws, ideas in the intellectual property system we want to keep, improve, or make only minor changes to. But most of it must be dropped. One example is file-sharing. File-sharing is providing a decent transition that will create a new music ecnonomy without completely destroying the current one. The internet, computers, digital media, etc. all provide an instant savings in distribution, marketing, and other areas. The old system still remains and has even had better sales according to some. The idustry definitely is not about to fall. While the new music industry evolves, the old one will change. If society is to ever progress, we must change. The music, movie, and publishing industries can either resist or work with progress.

      Reducing the cost of distribution and of goods does not reduce the cost of creating that first product, though.

      Address that problem. The distribution side of it is a red herring.

      --
      Coming soon - pyrogyra
    15. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      Woah, talk about anal retentive.

      Huhuhuhuh.... you said anal...

    16. Re:They're stealing from ME... by spectecjr · · Score: 1

      Well, heck, whatever it takes for you to feel better about taking someone else's work without compensating them, I guess.

      It's amazing how easy it is to rationalize those things away, isn't it?


      I guess the mods don't like it when they're reminded that copyright infringement is illegal no matter how you try to justify it.

      Lame.

      --
      Coming soon - pyrogyra
    17. Re:They're stealing from ME... by CondeZer0 · · Score: 1

      If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of everyone, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density at any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property.

      --Thomas Jefferson


      IP is a myth, time to take back our freedom from government sponsored monopolies!

      "Intellectual Property" == communism

      (Mod parent up, he said what I wish I had said myself)

      --
      "When in doubt, use brute force." Ken Thompson
    18. Re:They're stealing from ME... by rzbx · · Score: 1

      There are millions of artists. How many do you know? Now do you understand? It is not just about a better distribution system for one particular business, but a broader, faster, and more efficient distribution system for all.
      ALso, we do have much much cheaper methods of produving many types of works (recording for example) than were available decades ago.

      --
      Question everything.
    19. Re:They're stealing from ME... by spectecjr · · Score: 1

      Nice quote. Pity you too don't seem to understand the difference between an idea and a copyrighted work.

      They're not the same.

      --
      Coming soon - pyrogyra
    20. Re:They're stealing from ME... by cliffski · · Score: 2, Insightful

      complete bullshit.
      I make video agmes for a living. If people like you go around copying the products I make and giving them to your friends for free, I sell a LOT less copies. Likely result is that people who would have bought from me don't, and I go out of business.
      End result, Im on welfare and there are no new games made.
      Is that what you want?
      Its time pro-piracy people realsied that not everything they copy is made by some evil corporation. A lot of digital content is made by hard working self-employed guys just like you.
      What have I done to you that makes you want to wreck MY livelihood?

      --
      DRM-free indie games for the PC and Mac: Positech Games
    21. Re:They're stealing from ME... by rzbx · · Score: 1

      "There is a HUGE difference between an idea and a piece of intellectual property..."

      Your arguing semantics. Idea is an idea, intellectual property encompasses a broad range of definitions of what an idea is. Plese do not waste time finding minor problems in what one has said. The question I ask, do you understand the basic ideas of what I was saying? I do not want an argument about whether I used the word idea, intellectual property, copyright, book, music, etc. unless you want to point out a mistake ok. But understand that you just biased my post from the beginning. You didn't accept what I was writing for what it was, you searched for errors. Whether you accept my argument, my thoughts, opinions, or whatever is another story. Ideas, large, small, etc. are all created due to the environment we live in. Now you can leave the question as to what is fair compensation ot any number of people, institutions, the market, a single dictator, etc. It appears you have chosen the currect system of law, enforcement, and intellectual property market. Or maybe some variation.

      Your entire post was about the difference between an idea and a bigger imaginative idea. I do not assume they are the same, nor would I argue that we should put them in the same group when speaking more about specifics relating to this topic. In general, my entire argument is that the current system in place that will ultimately fail. Then again, I could say that about any system. The most unfortunate part about all of this though, is that there are many people/institutions pushing to make the system even worse. On the other hand this is to be expected, advances in science and technology threaten the system, and so it is trying to protect itself.

      --
      Question everything.
    22. Re:They're stealing from ME... by mochan_s · · Score: 1

      Wow, a long bitter response. I must be doing something right.

      Hard to use someone else's theory or plagiarize it when you've never even heard of it before.

      You might not have heard of Max Weber but you did use his theory and ideas which you probably heard of from other sources (from Psychology class or someone else using it). I don't think you just came up with the idea all on your own. It is a public domain idea that benefits everyone, including you without having to pay for every use of it.

      I don't know if you realized this, but theories can't be copyrighted either. The paper that explains them can be, but the theory itsef cannot. The closest approximation of what you're trying to go for is a patent.

      That doesn't change the fact that you have to pay when you use something that has been patented. So cough up the money to Max Weber's estate.

      And what's more - even if it were possible to copyright a theory - is that if I use someone else's theory without ever having heard of them, I'm creating my own version. That's not copyright infringement.

      Just because I don't know the title of a George Harrison song doesn't mean I can write a song that sounds exactly like it and say it is my own version because I used a banjo instead of a sitar. That IS copyright infringement. See this link

      And, by the way, it is antisocial - if you won't be governed by society's laws, you're antisocial by definition).

      Antisocial heh, then I guess that Rosa Parks refusing to give up her seat in the bus was also antisocial since it did violate society's laws.

    23. Re:They're stealing from ME... by HolyCoitus · · Score: 1

      You have completely missed the point of everything posted by the grandparent. The constitution as written grants copyright to encourage future production. The owner of the work is the person who owns the work, not the person who created it. The book in front of me is owned by me. The video on my hard drive is owned by me. All the songs I have obtained are owned by me. I am merely restricted from copying them and distributing them.

      The law is questionable when it comes to this however in the fact that the owners being restricted from producing and distributing those copies are having that term made longer and are even having an attack performed against the rights that are granted in the consitution. Freedom is being attacked and taken away. My freedom is being stolen. You can not deny that with sound reasoning.

      The content is owned by the person who possesses it. I assume you acknowledge this fact? Now, what the grandparent was saying is quite true. Content that the public was going to be in full control of that they already owned is being taken away from us without our consent. The attempt currently is to make it so the individual never owns the content. That's horrible and wrong in my opinion. Do you disagree?

      --
      That's scary.
    24. Re:They're stealing from ME... by spectecjr · · Score: 1

      Wow, a long bitter response. I must be doing something right.

      No, I just don't let pompous asses get off lightly.

      You might not have heard of Max Weber but you did use his theory and ideas which you probably heard of from other sources (from Psychology class or someone else using it). I don't think you just came up with the idea all on your own. It is a public domain idea that benefits everyone, including you without having to pay for every use of it.

      Nope, no psychology class. Sorry. And also sorry because you Can't Copyright Ideas. You should read more on what you can and can't copyright.

      Similarly, you can't copyright a phone number.

      That doesn't change the fact that you have to pay when you use something that has been patented. So cough up the money to Max Weber's estate

      Wait a minute, bub. We were talking about copyright. Switching topics mid-stream because you were caught out is a really lame-ass way to get out of a debate you're losing.

      Just because I don't know the title of a George Harrison song doesn't mean I can write a song that sounds exactly like it and say it is my own version because I used a banjo instead of a sitar. That IS copyright infringement. See this link

      If I came up with the entire song by myself without ever hearing it, that would not be copyright infringement. Do you understand the difference? Or are you just trying to make the best out of your sloppy argument?

      Antisocial heh, then I guess that Rosa Parks refusing to give up her seat in the bus was also antisocial since it did violate society's laws.

      Yes it was. Society, however, has changed since then. The thing is, it's pretty clear that in the case of segregation society was wrong. There is no such clear stance on copyright law - and most people actually think that copyright law is the right way to do things - and that letting people freeload is not.

      --
      Coming soon - pyrogyra
    25. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      Typically, when somebody is called a troll, it's because they are a troll. There's no anti-copyright conspiracy against you, it's just that you are an idiot.

      Just because something is the law, it doesn't make it right.

    26. Re:They're stealing from ME... by spectecjr · · Score: 1

      The law is questionable when it comes to this however in the fact that the owners being restricted from producing and distributing those copies are having that term made longer and are even having an attack performed against the rights that are granted in the consitution. Freedom is being attacked and taken away. My freedom is being stolen. You can not deny that with sound reasoning.

      You're not free to go around killing people either. Just because you want to do something, doesn't mean that you should be allowed to do something.

      That's why we have laws, and judges. The idea being that even if an idea is unpopular, it may in fact be the right thing to do. And that's where the legal system comes in - it tries to set up what is the right thing to do - even if it's not popular to the masses.

      The content is owned by the person who possesses it. I assume you acknowledge this fact? Now, what the grandparent was saying is quite true. Content that the public was going to be in full control of that they already owned is being taken away from us without our consent. The attempt currently is to make it so the individual never owns the content. That's horrible and wrong in my opinion. Do you disagree?

      No. The content is not owned by the person who possesses it. The media that content is distributed on is owned by the person who possesses it. The content is owned by the holder of the copyright. This is an important difference, and one that you appear to be totally unaware of.

      I may or may not disagree with copyright durations. That's irrelevant. What I disagree with is people using their disagreement as an excuse to break the law and get things their own way.

      I might think that it's really unfair that you have more money than me. After all, we're both human and have inalienable rights - why should you get more than I do? But I don't mug you and beat you to a bloody pulp in a dark alley and take your money.

      --
      Coming soon - pyrogyra
    27. Re:They're stealing from ME... by spectecjr · · Score: 1

      Just because something is the law, it doesn't make it right.

      Just because you think a law is wrong, doesn't mean that it is.

      --
      Coming soon - pyrogyra
    28. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      But 20 years from now, what good will protecting that work be? You likely won't be making money off it in that original form, if anything, you'll have reworked it for newer hardware same as umpteen other game companies have.

      You don't have the right to lock your work away, especially if it becomes a part of the culture. You should be HAPPY to follow through with the final part of copyright - the part where it goes into the public domain. Longer copyrights don't help anybody, and I agree with the OP - it's STEALING. It's just as much STEALING as copyright infringement is - sure, you're not stealing something tangible from me now, but you are stealing something that, is supposed to be legally mine (along with everyone else in the country).

      The thing is, people want to be able to lock away a work, only to release it if THEY feel like it. And they want to be able to do it for the next CENTURY. Hell, they already can - look at Disney and Song of the South. They have yet to release it on DVD because of fucking political correctness. However, it is still a part of culture, and it should be legal to acquire an unauthorized copy, unless they're willing to sell it to you.

      Locking away copyrighted works for 100 years is tantamount to obliterating popular culture - what happens if we reach a point in time where there is no 'official' master copy, because they've all been lost to time, accidents, or whatnot (anything can happen)? That's the reason there's SO MUCH old television programming lost to time forever, because it wasn't easy to store copies and ensure they're in good quality (and some got outright destroyed). But I guarantee you that, of any current TV programming that has any sort of following whatsoever (even cult status), there will NOT be any lost to time, because there are millions of 'unauthorized' copies floating around - even if somebody specifically and deliberately destroyed all 'official' copies of the work, as long as it's been broadcast once.

      In my mind, preservation trumps greed. Because unauthorized copying has the potential to preserve every existing work of art, and ensure that no matter what happens, there is most likely at least one copy out there, somewhere. That's why I've been building a small personal archive of media on CDs, both downloaded stuff and stuff that I rip/capture and encode myself. I know CD-Rs aren't a long-term solution, but if you recopy the discs, you'll be fine (and CDs are so cheap nowadays, that it costs almost nothing, relatively speaking, to do this for something like 500 CDs).

    29. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      I guess you've never heard of 'civil disobedience'. Perhaps all those niggers should have just sat in the back of the bus and kept their fucking mouths shut, right? Seeing as what they did was illegal as well. What? But those laws were unjust? But I thought it doesn't matter, it's illegal and you don't have a right to do it! That's what you said, anyway.

      If you feel a law is unjust, you violate it. Simple as that. As far as I'm concerned, that is your duty as a citizen of whichever country you may live in. If you don't, then you might as well go around yelling 'nigger' to every black person you see.

    30. Re:They're stealing from ME... by rhizome · · Score: 1

      >Oh, and by the way... disagreeing with people is not "trolling".

      Right, and it's also not "rationalizing antisocial behavior".

      You rant a lot, but you don't draw any lines. A lot of people still think of culture as something that is free, that is a part of society, what they like, do, and talk about. Copyright law was (originally) written in a way that would pass copyrighted material from private control into the public domain. Copyrights have expired on the works of Maurice Ravel, Thomas Nast, Washington Irving, and many others, with undeniably great benefits for us all. This process is now stopped at 1923! All of your arguments are couched in economic terms, but our culture does not operate that way. We are exposed to various expressions of media, but we are not allowed to recycle anything created after 1923. This is the problem of copyright law, and not that anybody is "stealing." The acts which you characterize as theft can also be seen as a desire for the populace to use more recent works of copyright, with lawsuits by copyright holders against citizens being one illustration of tension between the law (as it has come to exist) and the will of the people. Of course much of the behavior being discussed here is currently illegal, but it also seems the legislature was out of touch with the constituency when making it so.

      --
      When I was a kid, we only had one Darth.
    31. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      So you think that he's not just using a slippery-slope argument to rationalize his copyright infringement?

      I didn't consider that in my response to you. I didn't consider it, because you never brought it up. You posted deliberately inflammatory doublespeak without addressing his point whatsoever. That's why your comment was a troll and not somebody engaging in rational discourse.

      Copyright law being extended does NOT give you the right to ignore it.

      Duh. He wasn't arguing that it gives anybody the right. The person you were responding to was arguing that it gives him moral justification.

      Copyright was originally a deal between society and creators. It was "if we let you have a temporary monopoly, you get to create things for a living, and everyone wins".

      Since then, law upon law has been bought by corporations to extend their side of the deal and erode society's benefit. The creators are not honouring their part of the deal. Why should society?

      It does NOT mean that the corporations are "stealing" anything from you - because you never owned the works you want to copy in the first place.

      Firstly, it's obvious that we do own the works. We don't have the right to duplicate them, but we do own them.

      More importantly, we did have that right, but loaned it out temporarily. Now it looks like we are never getting it back in the eyes of the law. That isn't right, whether it's the law or not.

      Ultimately, it's a selfish act on the part of those who want to freeload off the back of the hard work of others.

      Not at all. I personally would respect copyright if it was the original, reasonable terms. But I think if anybody is mooching off of others, it's the people who expect to work hard to create something and then expect to get paid for it in perpetuity. Everybody else must work hard, and then continue to work hard. Everybody else must honour their deals. Why should creators get a free ride from society?

      Them asking for more is hurting me because I want their things.

      I don't want their things. I want my rights. I temporarily gave up one particular right - the right to copy my property. But now it looks like I'll never get it back. I want it back. My right was on loan, not given away. It has been taken from me without my permission - in other words, it has been stolen from me. That is the point the original poster was trying to make.

      I should get everything I want that they produce for free.

      Strawm man argument. I am happy to pay for what they produce. I am happy to refrain from copying it for a number of years so that they can make a living. But that isn't enough for them. They want to take away my right to copy permanently. That isn't the copyright deal.

      Bullshit. You just want free stuff, and you're trying to justify it.

      This is logical rudeness and an ad hominem. If you can't address the argument, don't fall back on attacking the person's motives.

      If you really believed in your principles here, you'd boycott them.

      Hadn't you noticed? This is a form of boycott. If you don't give them your money under any circumstances, you aren't supporting them by giving them business. Whether or not you later go on to copy their work is immaterial, they aren't getting your money either way.

      That way you're legally in the right, morally in the right, and you're not giving them any ammunition to use against you.

      I think you mean "aren't giving Slashdot trolls any ammunition to use against you".

      But people don't do that - ergo, they're just using this as an excuse to legitimize their copyright infringement.

      You need a lesson in logic. First you make the leap that copying means you aren't boycotting, and then you make the leap that not boycotting means you are rationalising getting stuff for free. Neither of those lo

    32. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      Nice try to twist the truth; Pity that you are wrong and trying to create artificial differences between what is the same thing: Information.

      It's an old adage, but not for that any less true: Information wants to be Free.

      "Intellectual Property" is about Information control and ownership; morally bankrupt government sponsored monopolies worthy of the worst Communist dictature.

    33. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      Just because you think a law is wrong, doesn't mean that it is.

      No, but when somebody says they don't respect the law because it is wrong, you shouldn't accuse them of just being out for what they can get. To use an anlogy somebody else brought up, you accusing the OP of trying to justify getting stuff for free is like accusing Rosa Parks of trying to get free bus rides.

    34. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      most people actually think that copyright law is the right way to do things

      Funny, because from what I can see, the public are committing widespread copyright violations. Everyone from twelve year-old girls to grandparents do it. How many people do you meet who haven't ever copied a CD or tape for a friend, or downloaded an MP3?

    35. Re:They're stealing from ME... by Xebikr · · Score: 1

      That was a beautiful post! Why'd you post annonymously?

    36. Re:They're stealing from ME... by mochan_s · · Score: 1

      Nope, no psychology class. Sorry. And also sorry because you Can't Copyright Ideas. You should read more on what you can and can't copyright. Similarly, you can't copyright a phone number.

      Let me get this straight. You are claiming that you independently came up with the theory of rationalization! Well, in that case, I sat down and randomly generated bits and it became that DVD or MP3. Lame lame arguement.

      I know ideas can't be copyrighted as much as you can't eat water you have only drink it. Copyright and patents are based on the same philosophy. You can't copyright ideas you patent them. And, so according to you, it's OK to violate patents but not copyright?

      Wait a minute, bub. We were talking about copyright. Switching topics mid-stream because you were caught out is a really lame-ass way to get out of a debate you're losing.

      Just read my last paragraph about it.

      If I came up with the entire song by myself without ever hearing it, that would not be copyright infringement. Do you understand the difference? Or are you just trying to make the best out of your sloppy argument?

      Do you really think that if anyone accused of copyright violation could just say I created a large random file and it turned out to be this MP3 file? So, yeah, creating an entire song that's just like another one without hearing it as slim as a snowball's chance in hell. Admit it, you learnt the theory of rationalization from someone else (and admit that you should pay for it's use according to your own view on copyright).

      Yes it was. Society, however, has changed since then. The thing is, it's pretty clear that in the case of segregation society was wrong. There is no such clear stance on copyright law - and most people actually think that copyright law is the right way to do things - and that letting people freeload is not.

      Well, how do you know that society won't change it's view on copyright in the future? It is pretty clear to me that some portions of copyright law are wrong. You say pretty clear that in the case of segregation society was wrong but then it wasn't so and many people like KKK and others believed segregation was right. How do you know that your view of copyright is right?

    37. Re:They're stealing from ME... by runderwo · · Score: 1
      I find it very telling as to the strength of your argument that you can only rebut civil disobedience against copyright with examples of crimes against life, liberty, and property. There is a difference between laws that have a moral basis, and laws which are designed as a balancing factor to encourage something or other (in the case of copyright, to encourage development of raw ideas into complex works).

      In the former case, in the absence of the law, the act is still wrong. In the latter, the act is not wrong except that it is thought to be detrimental to the balance required to maintain a productive society. However, that opinion may be wrong, since there are many ways a balance can be struck, so bible-thumping about ownership rights to works (which is a convenient fabrication anyway - nothing is owned in the case of copyright) doesn't really serve your argument, since you are using the definition of copyright to justify itself.

      If you really want to be convincing, why don't you argue for what you feel that copyright should be? Infinite rights including limiting ownership rights? Infinite duration? Private policing powers? Or limited exclusive rights for a limited duration?

    38. Re:They're stealing from ME... by Alsee · · Score: 2, Insightful

      I think you need to read his post more carefully. In fact he quoted the copyright clause of the constitution, and I'd say he cited it as an authoritative and legitimate thing. I'd say he cited it in a positive light.

      If I may presume to speak for him, I'd say what he was militantly rebelling against was the malignant expanding cancer our copyright laws have become. The Audio Home Recording Act mandating crippled products, and exterminating essentially all progress in personal audio products for an entire decade (The iPod and other MP3 players only exist because of a loophole in the AHRA). The Sonny Bono copyright act and other extentions, with copyright often lasting well over 100 years. The NET act, which if actually enforced would place some twenty or thirty-odd percent of the entire population in felony prison (at which point the entire country would collapse). The DMCA, with probably a half dozzen insane clauses, not the lest of which are the circumvention privisions which criminalize inocent and non-infringing people for doing math, or for teaching that math to others.

      As he pointed out, under our constitutional foundation all "information" works actually lie in the public domain. Copyright exists for a purpose - it temporarily removes such works from partially the public domain and it does so to encourage the creation and distribution of such works. Only certian uses are removed from the public domain, and only for the purpose of the public benefit. And then the copyright expires and the work returns to whence it came - the public domain.

      Copyright was created for a good purpose, but copyright law has been expanding like a cancer. It has become malignant.

      When the law turns malignant, people lose respect for the law. The RIAA/MPAA/BSA's "solution" is to simply keep lobbying for more, and more oprressive, self-serving laws at the public's expense.

      I say we keep good old traditional copyright, just throw out all of the crap laws passed after 1975. It's not a magic fix to solve everything, but I think it would be a damn good start. Of course the publishing industry would be up-in-arms screaming that that would somehow equate to eliminating copyright itself, lol.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    39. Re:They're stealing from ME... by Alsee · · Score: 2, Interesting

      To put things in perspective, with P2P to reduce publishing and distrubution costs to zero, you can FULLY fund the actual artists at thier current levels based on $4 per person. That figure is easily calculated based on US population and the dollar volume of the entire US music industry and the fact under the current RIAA regime maybe MAYBE 10% of that dollar volume actually makes it to the artists.

      Four lousy dollars per year, per person, to make the entire music issue go away! All the music anyone wants, all you could possibly listen to, 100% free. Artists could get just as much as they get now, but it would also entail the RIAA DROPPING DEAD. So of course the RIAA will fight tooth and nail, and spend millions lobbying and on campaign bribes^H^H^H^H^H^H contributions, to ensure that instead we just keep getting more and more oppressive laws and DRM enforcment.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    40. Re:They're stealing from ME... by Alsee · · Score: 1

      It's natural to want to have sex with other people - so laws against murder are unnatural.

      We don't need to hear about your necrophilia fetish, thanksmuch.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    41. Re:They're stealing from ME... by spectecjr · · Score: 1
      Not at all. I personally would respect copyright if it was the original, reasonable terms. But I think if anybody is mooching off of others, it's the people who expect to work hard to create something and then expect to get paid for it in perpetuity. Everybody else must work hard, and then continue to work hard. Everybody else must honour their deals. Why should creators get a free ride from society?

      Hmmm... apparently you don't understand the disparity here.

      The risk to the creator is that no-one will buy the work that they may have spent several years creating. They don't get paid for that work. If it doesn't sell, they get nothing in return. The costs are much higher than any individual person is willing to pay for the completed work, so you amortize this over the entire population of people willing to buy your product. This lets you sell it at a lower price, and at a higher volume.

      However, to sell something in high volume, you need to protect that sale by law so that you're the only one who can sell that thing (otherwise, its value immediately drops to zero) - thus, copyright law was born.

      Ignoring extended copyright terms for now (as they're not core to this debate), would you care to suggest any other mechanism by which this system can work? Please note that if you suggest a patronage model, you're immediately creating a special class of people who can create works, and excluding all others from doing so.

      I don't know what you're talking about re: "honouring your deals". Perhaps you could explain further? And as for a free ride, society certainly isn't providing the up-front cost of creating the work to the creator - if it was, you might have a point. The risk is all on the creator's shoulders.

      At least when you're digging trenches you know that you're going to be paid for it at the end of the day. If you want a higher reward, take higher risks. Risk not getting that paycheck, and get a bigger one. That's the way it works in this society - and it's the way it has seemingly always worked throughout history. Entrepreneurs are the people who take the biggest risks, and either fail spectacularly or garner the greatest rewards.

      Strawm man argument. I am happy to pay for what they produce. I am happy to refrain from copying it for a number of years so that they can make a living. But that isn't enough for them. They want to take away my right to copy permanently. That isn't the copyright deal.

      Hmmm... yet if you're agreeing with the original poster who wrote this:

      Well, each time Congress extends the length of copyright or strengthens patent law, they're stealing from me, they're stealing from you, and they're stealing from each person in this country who could gain anything from that work, even if it's just 90 minutes of enjoyment from watching an old movie for free. I, for one, am outraged, and now that Congress has turned to looting from me for the benefit of the few who are wealthy and powerful, I will feel no remorse when I download music, or copy DVDs

      Now, this person doesn't say to "wait a reasonable amount of time and then copy them". He's just advocating blanket copying of them.

      Oh, and you do have the right to make copies for yourself - I'm not sure from your post whether you're aware of this. You just don't get to give or sell those copies to other people.

      Hadn't you noticed? This is a form of boycott. If you don't give them your money under any circumstances, you aren't supporting them by giving them business. Whether or not you later go on to copy their work is immaterial, they aren't getting your money either way.

      boycott
      verb refuse to have commercial or social dealings with (a person, organization, or country) as a punishment or protest.
      noun an act of boycotting.

      Neither of these mean that you get to take what you want as well.

      You need a lesson in logic. First you make the leap that copying mea

      --
      Coming soon - pyrogyra
    42. Re:They're stealing from ME... by Stonehand · · Score: 1

      If you're going to label control of information using such perjorative and inflammatory terms as oppressive, you should at least bother to pick a better example than DVDs or MP3s.

      Frankly, nobody's oppressed if they can't get some "hot" song for free, and to suggest that it is screams of the dysfunctionality of consumer culture addicted to instant gratification. And as for information, well, I'm sure "The Matrix Revolutions" was *really* informative. Yippee. And damn, if it weren't for Sting singing "Fields of Gold", where would the world be?

      However, perhaps you MIGHT have pointed out something worth objecting to such as the fact that laws themselves have been copyrighted. Given that this allows a situation in which the copyright holder can theoretically prevent anybody from even looking at the law unless they're obscenely wealthy, this would be far more worth starting a "revolution" over whatever passes for entertainment.

      --
      Only the dead have seen the end of war.
    43. Re:They're stealing from ME... by spectecjr · · Score: 1
      Do you really think that if anyone accused of copyright violation could just say I created a large random file and it turned out to be this MP3 file? So, yeah, creating an entire song that's just like another one without hearing it as slim as a snowball's chance in hell.

      No. That would be stupid, because it would be statistically unlikely. I wonder why you're so lame at arguing that you insist on changing the framework of the debate each time you get cornered.

      Your original argument was:
      Just because I don't know the title of a George Harrison song doesn't mean I can write a song that sounds exactly like it and say it is my own version because I used a banjo instead of a sitar. That IS copyright infringement. See this link


      Somewhat different to your new claim about MP3s. I'm not sure why I should keep responding to you given that you're such a slippery, dishonest debater.

      Admit it, you learnt the theory of rationalization from someone else (and admit that you should pay for it's use according to your own view on copyright).

      Nope, sorry. According to my own view on copyright - and to the law of copyright - I don't have to pay people to use their ideas. I certainly don't have to pay people to use ideas I didn't come across.

      Rationalization is the process of coming up with reasons to explain your actions, even when those reasons are actually an afterthought and not the motivation behind your actions.

      My specific description in the paragraph above is something I can copyright. It's not something I can patent.

      The idea embodied in it cannot be patented or copyrighted.

      Perhaps you should start doing some research and learn exactly what patents and copyrights are, and how they work, because frankly it's looking right now like you don't have a clue but are blustering a lot to try to make it look like you do.

      Well, how do you know that society won't change it's view on copyright in the future? It is pretty clear to me that some portions of copyright law are wrong. You say pretty clear that in the case of segregation society was wrong but then it wasn't so and many people like KKK and others believed segregation was right. How do you know that your view of copyright is right?

      Because society has evolved, historically, to respect the rights and work of others. Copyright embodies respect for intellectual effort and work - much as physical labor has always been respected.
      --
      Coming soon - pyrogyra
    44. Re:They're stealing from ME... by spectecjr · · Score: 1

      Nice try to twist the truth; Pity that you are wrong and trying to create artificial differences between what is the same thing: Information.

      It's an old adage, but not for that any less true: Information wants to be Free.


      Information might want to be free, but there is a huge difference between information, and structured text.

      If I took a book, and sorted all of its words into alphabetical order, then that is information. A book, however, is a specific ordering and combination of that information. It is a synthesis.

      "Intellectual Property" is about Information control and ownership; morally bankrupt government sponsored monopolies worthy of the worst Communist dictature

      Ah, you're just a fucking freeloader who is getting pissy because you feel guilty for breaking the law. Get over yourself.

      --
      Coming soon - pyrogyra
    45. Re:They're stealing from ME... by spectecjr · · Score: 1

      To put things in perspective, with P2P to reduce publishing and distrubution costs to zero, you can FULLY fund the actual artists at thier current levels based on $4 per person. That figure is easily calculated based on US population and the dollar volume of the entire US music industry and the fact under the current RIAA regime maybe MAYBE 10% of that dollar volume actually makes it to the artists.

      Four lousy dollars per year, per person, to make the entire music issue go away! All the music anyone wants, all you could possibly listen to, 100% free. Artists could get just as much as they get now, but it would also entail the RIAA DROPPING DEAD. So of course the RIAA will fight tooth and nail, and spend millions lobbying and on campaign bribes^H^H^H^H^H^H contributions, to ensure that instead we just keep getting more and more oppressive laws and DRM enforcment.


      Sorry, but the US government generally doesn't like these kinds of Socialist ideas. It won't fly. Especially when you start having people getting pissed at having to pay taxes for musicians they disagree with.

      And with that quota system, you also remove the opportunity for ANYONE to become a musician. You now have to be a state sponsored musician, which means regulation.

      Not a good solution.

      --
      Coming soon - pyrogyra
    46. Re:They're stealing from ME... by spectecjr · · Score: 1

      No, but when somebody says they don't respect the law because it is wrong, you shouldn't accuse them of just being out for what they can get. To use an anlogy somebody else brought up, you accusing the OP of trying to justify getting stuff for free is like accusing Rosa Parks of trying to get free bus rides.

      If the reason is civil disobedience, then there has to be publicity to show that you're breaking the law to get it changed because you feel it's unjust.

      If that truly is the case, then surely you don't care if the RIAA is suing you? So why should your IP info remain private?

      Answer: Because you just freeloading. You're not committing civil disobedience at all. If you really believed in your cause, then organize and fight it in the court system. Fighting it by hiding from the law so that you can be "disobedient" in the comfort and privacy of your own home just means that you're not interested in civil disobedience at all. You just want a free ride.

      Comparing the OP to Rosa Parks is rich though - you're taking a very brave woman and putting her in the same class as a petty thief. Shameful.

      --
      Coming soon - pyrogyra
    47. Re:They're stealing from ME... by spectecjr · · Score: 1

      I guess you've never heard of 'civil disobedience'. Perhaps all those niggers should have just sat in the back of the bus and kept their fucking mouths shut, right? Seeing as what they did was illegal as well. What? But those laws were unjust? But I thought it doesn't matter, it's illegal and you don't have a right to do it! That's what you said, anyway.

      If you feel a law is unjust, you violate it. Simple as that. As far as I'm concerned, that is your duty as a citizen of whichever country you may live in. If you don't, then you might as well go around yelling 'nigger' to every black person you see.


      Nice Godwin attempt... but as I told the other poster I replied to on this topic:

      If you think this is civil disobedience, you're great at lying to yourself, or you're a real amateur when it comes to the whole civil disobedience thing.

      Civil disobedience requires public demonstration of that disobedience.

      Hiding behind P2P clients, on hidden networks like Freenet, or other such ruses is not anything even remotely approaching civil disobedience. It's just criminals hiding their activity from the law.

      But hey, believe that it's civil disobedience if you want to. The only person you're fooling is yourself.

      --
      Coming soon - pyrogyra
    48. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      Hmmm... apparently you don't understand the disparity here.

      Yawn. I understand basic economics, thanks.

      Ignoring extended copyright terms for now (as they're not core to this debate)

      Both I and the person you originally responded to explicitly stated that it was the extensions that were the problem, not the core concept of copyright.

      If you haven't even understood that, then you are clueless about the whole damn thread. Go back and read it again.

      I don't know what you're talking about re: "honouring your deals". Perhaps you could explain further?

      I think I was pretty clear the first time around, but I'll try again anyway.

      Copyright is a deal between society and creators. Society values creative works. Society recognises that it can be difficult for creators to create because everyone is tired after working a full-time job. Wouldn't it be good if creators could make a living at creating? For many people, this can be rather difficult for a number of reasons.

      This is where copyright comes in. Society grants a temporary monopoly upon the original works that a person creates. This gives the opportunity to sell copies of the original work, as their scarcity is controlled by the creator. In return, what the public were free to do before - copy their property no matter who created it - they are no longer free to do. A freedom has been traded to provide incentive to create.

      The idea is that a person creates something, sells copies, and then it enters the public domain so that anybody can reproduce it. Then the creator needs to create something else to sell. This is how copyright promotes the growth of the public domain.

      In recent years, copyright terms have been extended again and again, now corporations can hold them, various other nasty laws have been passed... but what does society get in return? Nothing. The deal has been unilaterally renegotiated. There are millions of original works that were granted copyrights of certain terms, that were due to enter the public domain, and then laws were passed to prevent this. To stop society from getting the benefit they were due under the original copyright deal.

      The problems with this are twofold. Firstly, our right to copy - that should have been returned to us a long time ago for many works - has been taken away from us, and we aren't likely to get it back. It's been stolen.

      Secondly, the incentive to create has been maimed. If somebody wrote a great book way back when, they got to reap the rewards for a couple of decades, and then their revenue stream would dry up, forcing them to create again. Now their copyright doesn't expire until they, and probably their children, are dead and buried.

      It's utterly ridiculous. Does a farmer expect to farm for a year and then sit back and get paid for that crop over and over again for the rest of his life? Does he expect his children to not only inherit that money, but get paid themselves for that crop until he has been dead seventy years?

      Now, this person doesn't say to "wait a reasonable amount of time and then copy them". He's just advocating blanket copying of them.

      There are arguments to be made for both points of view. Waiting a reasonable amount of time honours the original agreement. But the original agreement doesn't apply any more, and if you continue to give money to the people who paid for such unreasonable laws, they will use our money to pay for even more unreasonable laws.

      boycott
      verb refuse to have commercial or social dealings with (a person, organization, or country) as a punishment or protest.

      Well done, you can use a dictionary. And refusing to give somebody money for a product certainly falls under refusing to have commercial dealings with an organisation.

      Neither of these mean that you get to take what you want as well.

      There you go using misleading language again. No

    49. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      If the reason is civil disobedience

      The reason, if you are so fucking moronic that you haven't grasped it yet is that the law is wrong, so I won't follow it. I don't have to bring about social change to justify not following an immoral law.

      you're taking a very brave woman and putting her in the same class as a petty thief.

      Copyright infringement isn't theft, you fucking moron. Dowling vs US if you don't believe me. You'd think it had been brought up enough times on Slashdot before, but apparently the more "special" amongst us need it repeating every so often.

    50. Re:They're stealing from ME... by spectecjr · · Score: 1

      I'm sick of responding to a faceless anonymous coward. If you want to continue to debate, do it under your user account.

      --
      Coming soon - pyrogyra
    51. Re:They're stealing from ME... by spectecjr · · Score: 1
      The reason, if you are so fucking moronic that you haven't grasped it yet is that the law is wrong, so I won't follow it. I don't have to bring about social change to justify not following an immoral law

      You do if you want to call it civil disobedience instead of just wanting to get your music and videos for free instead of paying for them.

      Copyright infringement isn't theft, you fucking moron. Dowling vs US if you don't believe me. You'd think it had been brought up enough times on Slashdot before, but apparently the more "special" amongst us need it repeating every so often.

      Apparently the more "special" among us (and by that I mean people with brain capacity similar to yourself) seem to have difficulty reading complex legal documents such as Dowling vs. US, wherein on the last two pages, they equate copyright infringement with stealing.

      The statutory terms at issue here, i. e., "stolen, converted or taken by fraud," traditionally have been given broad scope by the courts. For example, in United States v. Turley, 352 U.S. 407 (1957), this Court held that the term "stolen" included all felonious takings with intent to deprive the owner of the rights and benefits of ownership, regardless of whether the theft would constitute larceny at common law. Id., at 417. Similarly, in Morissette v. United States, 342 U.S. 246 (1952), the Court stated that conversion "may be consummated without any intent to keep and without any wrongful taking, where the initial possession by the converter was entirely lawful. Conversion may include misuse or abuse of property. It may reach use in an unauthorized manner or to an unauthorized extent of property placed in one's custody for limited use." Id., at 271-272.

      Dowling's unauthorized duplication and commercial exploitation of the copyrighted performances were intended to gain for himself the rights and benefits lawfully reserved to the copyright owner. Under Turley, supra, his acts should be [473 U.S. 207, 232] viewed as the theft of these performances. Likewise, Dowling's acts constitute the unauthorized use of another's property and are fairly cognizable as conversion under the Court's definition in Morissette.

      The Court invokes the familiar rule that a criminal statute is to be construed narrowly. This rule is intended to assure fair warning to the public, e. g., United States v. Bass, 404 U.S. 336, 348 (1971); McBoyle v. United States, 283 U.S. 25, 27 (1931), and is applied when statutory language is ambiguous or inadequate to put persons on notice of what the legislature has made a crime. See, e. g., United States v. Bass, supra; Rewis v. United States, 401 U.S. 808, 812 (1971); Bell v. United States, 349 U.S. 81, 83 (1955). I disagree not with these principles, but with their application to this statute. As I read 2314, it is not ambiguous, but simply very broad. The statute punishes individuals who transport goods, wares, or merchandise worth $5,000 or more, knowing "the same to have been stolen, converted or taken by fraud." 18 U.S.C. 2314. As noted above, this Court has given the terms "stolen" and "converted" broad meaning in the past. The petitioner could not have had any doubt that he was committing a theft as well as defrauding the copyright owner.


      Oh, and why are you posting anonymously? Afraid to put your money where your mouth is?
      --
      Coming soon - pyrogyra
    52. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      Actually I probably contribute more to really creative people than most do.

      When you buy a CD or a book almost nothing goes to the authors; I should know, I have many friends that are musicians and writers. As for software(which is what I do for a living); the whole proprietary software industry is a scam(I should know, I did work on it for quite some years); open source on the other hand is based in the real value of software(and I should know, as I have been working on/with open source software for quite some years).

      I make sure that when I spend my hard earned money it actually goes to the people that does stuff that I like; not to the people that _exploits_ them (ie., publishers, record companies and movie studios).

      As for breaking the law; I am a firm believer in the principle that: "It is the responsibility of every citizen to ignore dumb laws."

      So _you_ get over yourself and admit that you are wrong and full of shit. I don't know if you are astroturfing, trolling, or are just stupid; but to be honest, I don't care... *plonk*

    53. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      I'm sick of responding to a faceless anonymous coward.

      On the contrary, I certainly have a face. Since I haven't argued from a position of authority, my identity is completely irrelevent to the discussion. But it does give you a nice easy way to avoid responding to an argument, doesn't it?

    54. Re:They're stealing from ME... by mochan_s · · Score: 1

      Somewhat different to your new claim about MP3s. I'm not sure why I should keep responding to you given that you're such a slippery, dishonest debater.

      The statical chances of both happening are equally almost zero - I thought my example of George Harrison went right over your head. So, I had to come up with a simpler example for you.

      Perhaps you should start doing some research and learn exactly what patents and copyrights are, and how they work, because frankly it's looking right now like you don't have a clue but are blustering a lot to try to make it look like you do.

      You're trying to make an argument that if it's not copyrightable but patentable so you don't have to pay it. You have to pay for it either way. Copyrights and patents are made from the same thread. It's stupid to say I will respect copyright but not patents.

      Because society has evolved, historically, to respect the rights and work of others. Copyright embodies respect for intellectual effort and work - much as physical labor has always been respected.

      Look up the history of copyright. It was considered by the founding fathers a necessary evil, the evil being a monopoly in a capitalistic market. The British empire used a form of copyright so that people in the colonies could not make products out of rew materials that the colonies themselves produced. They had to go to Britian who made heaps of monopolistic revenue from using these raw material to produce goods. In fact, America was able to break off from Britian by breaking this form of copyright imposed by Britian. Of course this isn't stricly copyright if you want split hairs but it was before the term copyright was coined. The founding fathers idea of copyright was to promote production of ideas but not let the inventor monopolize it for the harm of society. By the continual extension of copyright the original intent of copyright from a necessary evil has been changed to a tool of the rich to further better themselves at the expense of the rest of society. That is what is wrong with modern copyright.

    55. Re:They're stealing from ME... by spectecjr · · Score: 1

      It's natural to want to have sex with other people - so laws against murder are unnatural.

      We don't need to hear about your necrophilia fetish, thanksmuch.


      That's what I get for copying & pasting in a hurry. It was meant to read:

      It's natural to want to have sex with other people - so laws against rape are unnatural.

      --
      Coming soon - pyrogyra
    56. Re:They're stealing from ME... by spectecjr · · Score: 1

      When you buy a CD or a book almost nothing goes to the authors; I should know, I have many friends that are musicians and writers. As for software(which is what I do for a living); the whole proprietary software industry is a scam(I should know, I did work on it for quite some years); open source on the other hand is based in the real value of software(and I should know, as I have been working on/with open source software for quite some years).

      Really? Why should I believe that when you're not even posting under a real user account?

      I make sure that when I spend my hard earned money it actually goes to the people that does stuff that I like; not to the people that _exploits_ them (ie., publishers, record companies and movie studios).

      Da people dat exploits dem? Who dem then?

      You do realize that most publishers, record companies and movie studios take the place of venture capitalists and angel investors for the content production industry? Sure there are some horror stories out there - but there are horror stories out there for every industry. But ultimately, you wouldn't have the breadth of choices you have to choose from if these people with deep pockets didn't fund the production of the movies and music.

      As for your comments about "almost nothing going to the authors"... who the hell are your friends?

      They appear to be singularly incompetent in arranging their contracts. Most publishing contracts for books that I've seen give you 15% royalties on the wholesale cost of the book - and typically, most books wholesale for 50% of the price you'll see them going for in a store.

      The reason why the authors only get 15% is because the publishers have to eat the cost of any books that the stores don't sell. There is a high likelihood that any single book won't sell. When you add all this up, this is a really good deal for the author - they'll make a healthy profit, as will the publisher. If the book goes supernova (most don't), it's a different story. But it's also highly unlikely.

      10,000 copies is a good number of sales for most books, by the way. On a $40 book, that means you make - as the author - about $3 per book, or $30,000. Not bad.

      Of course, without the publisher, the author would most likely sell 1/100th that many if they're lucky.

      So I don't know where you're getting your figures from, but I think you're mostly smoking large amounts of crack, and have taken up talking out of your ass.

      As for breaking the law; I am a firm believer in the principle that: "It is the responsibility of every citizen to ignore dumb laws."

      Sure. When it suits them. You're just a freeloading biatch.

      So _you_ get over yourself and admit that you are wrong and full of shit. I don't know if you are astroturfing, trolling, or are just stupid; but to be honest, I don't care... *plonk*

      Sure. I'll get over myself. Just as soon as you get your "friends" to detail exactly what their contract was, so you can explain how "unfair" it was to them. If it's worse than what I've laid out above, it's certainly not anywhere close to the industry average.

      --
      Coming soon - pyrogyra
    57. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      You do if you want to call it civil disobedience

      I haven't called it civil disobedience. I've called it a bad law that I won't follow. Repeatedly. Very clearly. Like I said, I don't see why I should have to bring about social change in order to defend myself from the accusation of merely wanting stuff for free. That's boneheaded logic.

      Apparently the more "special" among us (and by that I mean people with brain capacity similar to yourself) seem to have difficulty reading complex legal documents such as Dowling vs. US, wherein on the last two pages, they equate copyright infringement with stealing.

      No, "they" don't. The stuff you quote is the dissenting view. In other words, where some of the judges disagreed with the courts decision. The Superme Court ruled that it wasn't theft. The document you quote says so.

      We must determine, therefore, whether phonorecords that include the performance of copyrighted musical compositions for the use of which no authorization has been sought nor royalties paid are consequently "stolen, converted or taken by fraud" for purposes of 2314. We conclude that they are not.

      [...]

      It follows that interference with copyright does not easily equate with theft, conversion, or fraud. The Copyright Act even employs a separate term of art to define one who misappropriates a copyright

      Since you have read the document, and managed to miss that very plain language, I can only conclude that you are either a fucking moron, which was my original assumption, or that you are deliberately trolling. Which is it? I'm inclined to continue to think of you as a fucking moron, because not only has the case been widely cited, not only did the defendant successfully defend himself against the theft charge whilst pleading guilty to the copyright infringement, but - hey, never ascribe to malice that which is adequately explained by incompetence.

    58. Re:They're stealing from ME... by spectecjr · · Score: 1

      Look up the history of copyright. It was considered by the founding fathers a necessary evil, the evil being a monopoly in a capitalistic market. The British empire used a form of copyright so that people in the colonies could not make products out of rew materials that the colonies themselves produced. They had to go to Britian who made heaps of monopolistic revenue from using these raw material to produce goods. In fact, America was able to break off from Britian by breaking this form of copyright imposed by Britian. Of course this isn't stricly copyright if you want split hairs but it was before the term copyright was coined.

      I really seriously don't believe that you have any clue what the word copyright means.

      Clue: It's not a catch-all for whatever concept of "preventing someone from doing what they want to do" that you want to come up with next. It's specifically something that refers to intellectual works - not preventing colonists from making goods. That's another part of law entirely.

      Stop squirming and crack a book.

      --
      Coming soon - pyrogyra
    59. Re:They're stealing from ME... by lachlan76 · · Score: 1
      Well it is civil disobedience. When you download from P2P, you are publicly demonstrating disobedience. You are on a *PUBLIC* network, which anyone can access, and others can see that you are downloading/uploading. What would you have to do to make it become public disobedience? Send a letter like this?
      Dear RIAA,

      My name is John Doe, with the phone number (08) 81234567. I live at 38 Restman Street, Glenelg, Adelaide, South Australia, Australia.

      I would like you to know that I have downloaded your music from P2P. Please have me arrested.

      John Doe
    60. Re:They're stealing from ME... by Anonymous Coward · · Score: 1, Funny

      Actually, now that I think about it, I realise I'm not really so clever for arguing anonymously. I misunderstood when you said I was faceless, Mr Spectecjr. I thought you were insinuating that I had lost my face in an embarrassing chainsaw accident, but after re-reading I figured out that you meant I was indistinguishable from any other coward who posts anonymously. Thus, my argument can be quite simply usurped by any other fool that comes along.

      So I would like to say SORRY. I have been having difficulty coming to terms with my sexuality (it isn't easy coming out as a Furry), and I sometimes become frustrated when I'm losing an argument. I do hope you accept my apologies, Mr Spectecjr.

    61. Re:They're stealing from ME... by cliffski · · Score: 1

      Im not arguing for extended copyright, far from it, 20 years is more than enough if you ask me, but the problem is people cite such arguments, then go to kazaa or emule and downlaod yesterdays brand new release of photoshop.
      If you are willing to go on the record and say you only downlaod illegal copies of stuff for things that have been around mroe than 10 years, then go for it, you wont get much of a rant from me.
      BUT THIS ISN'T WHAT HAPPENS.
      Someone releases a brand new film/game/app and within 24 hours a full copy is on P2P and being downloaded by thousands of people, probably hundreds of which would have bought it.
      You want to talk about theft? thats it.
      I understand and appreciate your arguments entirely, but those arguments are used to justify behaviour that is unconnected. People downlaod photoshop because they can get away with it (for now) not because of a moral stance on copyright terms.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    62. Re:They're stealing from ME... by Alsee · · Score: 1

      While taking $4 out of general taxes is a simple way of making the problem go away, the size of the figure also points out how little ordinary commercial market activity it requires for artists to make the exact same living they make now.

      The entire problem we are having with copyright is that it falls appart when you attempt to stretch it to cover the non-ciommercial activities of millions of individuals in the general public. There has never been any problem spotting, tracking down, and sucessfully sueing people engaging in commercial exploitation of a work. Musicians would still get paid the exact same fees by radio stations, by any store that pipes in muzak, and they still make money from live performances. And while the price of selling recorded media or selling downloads would obviously drop in the face of legal P2P, such sales WOULD still exists.

      The RIAA would drop dead, but once we cut the RIAA 90% haul out of the picture it really does not take much for bands to make a living. Hell, even if we did assume that somehow musicians could no longer make a single cent, the fact is that there would still be an overabundance of bands giving out an ample supply of music for free. But I just point that out for the sake of argument, my real point is that they WOULD still make money. With internet technology the current music publishing industry is pretty much obsolete. We no longer need the RIAA leeching off some 90% of the money flow for music. Even if the music-economy collaped to one-tenth of what it was before, artists would still make just as much as before.

      The RIAA is constantly screaming that the internet is destroying the music industry (and pretty much trying to destroy the internet). It really only the RIAA (the publishing industry) that is threatened. They don't give a rats-ass about the artists, and they certainly aren't lobbying to change the laws for the artists' benefit. They have built an empire leeching off of teh music industry, providing what was a required service. They think they have some entitlement to continue leeching off of the music industry, even when their services are no longer required.

      Simply letting P2P be legal is a solution. The only problem is that we need to convince the idiots in congress to ingore the RIAA's sreaming bloody murder as they wither and die. You do not pass laws to artificially keep an unneeded buggy-whip industry alive.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    63. Re:They're stealing from ME... by HolyCoitus · · Score: 1

      You have just used the worst analogy for the situation. I'm sorry, but that's just horrible. If you look at murder, that is a criminal issue. Civil issues are a completely different beast. Also, since the government is a reflection of the people, I truly doubt a large majority would decide killing people at will is a good idea.

      The legal system is nothing. It's based on laws that are made by the legislative branch of the United States government. The legislative branch creates laws based on the general will of the people, as those officials are elected on a regular basis. Upsetting your constituents is a horrible idea for them.

      I know you're under the impression that the government is above you and can do whatever they please, however there are still many of us who refuse to believe that. (Yes, I realize that is a straw man most likely. However, it was quite an easy one to say in the current situation. You are proposing government being above the people. That's not what the US was founded on and the government is limited legally from being more than what it was intended.)

      The content is very much owned by the people who possess it. I suggest you look at legal rulings up until the lobbyists have struck back. The content and the media were not separated. You could make legal copies for yourself all you wanted and sell the original. You did not have full ownership, but you did OWN what was on there to a very large point. The restrictions were not meant to affect your ownership, just your ability to transfer ownership.

      I know you believe that the current laws and society are the way things have always been. I suggest you read a book such as Free Culture by Lawrence Lessig for starters. The way the legal community has thought about things has been shifting a lot, however it is not with the current times and is fighting against current technology.

      To say I don't understand how copyright works is rather amusing to me though. It's one of my favorite topics to read about since I have a large portion of my life dealing with it. Your perception of things is flawed in the fact that you believe what the RIAA and MPAA are saying is the way things are no matter what. If you stop reading press releases or following their FUD you'd understand the topic a lot more thoroughly. It's a commonly held misconception with what copyright is currently.

      I have no problem with someone making infinite copies and distributing something for free. Why? Because I believe the government can design a new system that would reward copyright owners for those sales in a way to make up for the potential loss of revenue that would slow down the arts. There currently is money granted by state governments to fund the arts. I'm very sure that people would be happy to pay a different fee or a moving fee or a voluntary fee to a program that would pay artists. There are so many methods and interesting ideas on allowing the system to completely remove the RIAA and make the MPAA less threatening that they want hidden. The EFF and other places have these ideas outlined very well.

      Do some more reading on the subject and the options that you have before you decide the world can not be changed.

      --
      That's scary.
    64. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      You want to talk about theft? thats it.

      No that's not it. Copyright infringement isn't theft in any way, shape or form. I am sympathetic to your situation as you can't control the fact that other copyright holders are abusing their position and you have to cope with the backlash, but using deliberately misleading language to try and exaggerate your grievance only alienates people.

    65. Re:They're stealing from ME... by spectecjr · · Score: 1

      Simply letting P2P be legal is a solution. The only problem is that we need to convince the idiots in congress to ingore the RIAA's sreaming bloody murder as they wither and die. You do not pass laws to artificially keep an unneeded buggy-whip industry alive.

      But it's not an "unneeded buggy-whip industry". The reason horse & carts went out of style was not because people started going out and cutting all of the tendons in the horses legs. In the case of the RIAA, people are going out and committing crimes. This does not mean that the industry is wrong - it means that the people are either uneducated, or plain don't care that they're breaking the law.

      --
      Coming soon - pyrogyra
    66. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      You can post anything you like pretending to be me, but that doesn't change the fact that you use my AC posting as a completely invalid excuse to dodge the argument altogether. Read what I posted. None of it relies on my identity.

      Go ahead, dodge the argument. I think anybody reading the thread can determine for themselves what your intentions are - after all, I wasn't the one who misrepresented court documents to try and convince people that copyright infringement is theft, when the court documents say the exact opposite.

      I may be an AC, but it's your credibility that is suffering. Perhaps if you backed up your original assertions or responded to the argument in any meaningful way that might change, but I don't think there's much chance of that, is there?

    67. Re:They're stealing from ME... by spectecjr · · Score: 1
      You have just used the worst analogy for the situation. I'm sorry, but that's just horrible. If you look at murder, that is a criminal issue. Civil issues are a completely different beast. Also, since the government is a reflection of the people, I truly doubt a large majority would decide killing people at will is a good idea.

      Copyright violation has been a criminal issue since December 1997.

      It is a crime to perform the willful reproduction or distribution (during a 180-day period), through electronic or other means, one or more copies of a copyrighted work with an aggregate retail value of more than $1,000.

      This means that even if there is no profit motive and no receipt of anything of value, even other software or copyrighted material, someone can be criminally prosecuted if the total retail value of the reproduction or distribution exceeds $1000. (This applies even if someone merely sends several copies of pirated software to friends online)

      Third, the NET extended the statute of limitations on criminal copyright infringement from three to five years and increases the penalties and fines for criminal copyright infringement, generally.

      The content is very much owned by the people who possess it. I suggest you look at legal rulings up until the lobbyists have struck back. The content and the media were not separated. You could make legal copies for yourself all you wanted and sell the original. You did not have full ownership, but you did OWN what was on there to a very large point. The restrictions were not meant to affect your ownership, just your ability to transfer ownership.

      You could make legal copies for yourself, and you could sell the original provided that you deleted the copies you made when you sell the original. You did not get carte blanche to copy it and give it to your friends - that remained illegal. The restrictions have NEVER had any effect on your ability to transfer ownership, as long as you transfer everything related to the thing you have copied, and destroy your copies. This is called the First Sale Doctrine; you have the right to resell the media you bought.

      To say I don't understand how copyright works is rather amusing to me though. It's one of my favorite topics to read about since I have a large portion of my life dealing with it.

      Yet for some reason, you were under the impression that copyright infringement was only a civil and not a criminal act. That's a little... incongruent with your claim, yes?

      Your perception of things is flawed in the fact that you believe what the RIAA and MPAA are saying is the way things are no matter what. If you stop reading press releases or following their FUD you'd understand the topic a lot more thoroughly. It's a commonly held misconception with what copyright is currently.

      My perception of copyright is not based on RIAA or MPAA propoganda, no matter what you might believe. It's based on a large amount of reading of the Berne copyright convention, and a lot of research I did into the subject on the matter in the early 90s when I was a freelance journalist and needed to protect my work from unscrupulous publishers.

      Given that my own personal interpretation of the law matches that of the MPAA and the RIAA, that leads me to believe that - funnily enough - your interpretation of the law just might be wrong.

      I have no problem with someone making infinite copies and distributing something for free. Why? Because I believe the government can design a new system that would reward copyright owners for those sales in a way to make up for the potential loss of revenue that would slow down the arts. There currently is money granted by state governments to fund the arts. I'm very sure that people would be happy to pay a different fee or a moving fee or a voluntary fee to a program that would pay artists. There are so many methods and interesting ideas on allowing the system

      --
      Coming soon - pyrogyra
    68. Re:They're stealing from ME... by HolyCoitus · · Score: 1

      I would like to point out that the NET act has never been used. That act has no teeth as there are no federal investigation at this point that are funded for copyright infringement. All attempts to create those investigations through future laws and allocations of money have failed. There were two laws under the Clinton era that were quite frightening that got through, and I'm sure you are aware of them both.

      You are arguing semantics with me for the current state of copyright. I would like to point out that originally you could not make personal copies because of practicality and the law made no difference between the two. If you have read writings by the founders of the country and their influences, one thing they wanted to avoid was copyright ownership by the few of public goods. Which is the current case. Are you saying the current system and way of looking at this issue is perfect?

      The current system is not at this point in line with what the majority of people want. I agree there are issues with every system, but you can at least agree that the current system is horribly flawed. There is no reason for sweeping lawsuits of the nature that are currently occurring.

      If you believe the WIPO's Berne conventions are correct, I would suggest you check out of some of their more recent work, discussed on Slashdot. Their current works tend to lead you to believe that they are not big on common sense. Even proposing something that horrible really makes me question if they should be viewed as an authority as it comes to freedom.

      The idea of changing the copyright laws would require a shift in the way they operate. If you want copyright protection, you would have to register your copyright. That's the way the country used to work on this issue. At the point of registering you would become eligible for the protection that the new laws would allow. I'm not very big on trust of the government in these kinds of issues, but I am even more afraid of trusting a corporation with anything.

      As I've said before, there is no perfect solution. The current solution is very very far from perfect for the modern era. There is no reason for me to possibly face legal action of $150,000 per song that I download. I'm content meeting somewhere in the middle, but I would prefer the power goes to the people with the issue of art. As it currently stands, the power is within large corporations who control what the standard person thinks as well as they can.

      I do understand what you're saying with things by the way. I'm just really horrible about discussing this subject since my views are supported by... Well, no one. However, I don't believe they are wrong.

      --
      That's scary.
    69. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      But it's not an "unneeded buggy-whip industry".

      The role of record companies is supposedly to provide the capital needed to record music and manufacture CDs.

      Recent advances in technology have obsoleted them. Musicians no longer need a great deal of money to record or supply their music.

      Of course, the real reason that artists sign up with record companies is because the major labels have a stranglehold on the public interest. If you aren't signed, you will find it very difficult to get airplay (payola never went away, it only increased - except now they use an intermediate company). Without airplay, you can't sell much.

      If the major labels didn't have as much control over what the public viewed, they really would be completely unnecessary from everybody's perspective but that of the record companies themselves. As things stand, the only people who have a use for them are the artists, and they really do have little choice in the matter if they want to be successful.

    70. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      Yet for some reason, you were under the impression that copyright infringement was only a civil and not a criminal act. That's a little... incongruent with your claim, yes?

      Not at all. He said that he had been dealing with copyright for much of his life. You said that it had only become criminal in 1997. Unless he is very, very young, "much of his life" would almost entirely consist of time before 1997.

      Given that my own personal interpretation of the law matches that of the MPAA and the RIAA, that leads me to believe that - funnily enough - your interpretation of the law just might be wrong.

      Given that you misread court decisions as saying the exact opposite of what they really say, and given that the MPAA and RIAA have a vested interest in misinformation, you'll forgive me if I don't take that very seriously, right?

    71. Re:They're stealing from ME... by spectecjr · · Score: 1

      The role of record companies is supposedly to provide the capital needed to record music and manufacture CDs.

      Recent advances in technology have obsoleted them. Musicians no longer need a great deal of money to record or supply their music.


      Last time I checked, it cost at least $12,000 to record an album in any kind of professional manner (ie. using an audio engineer to get the mix just right, using a real studio so you don't sound like you were recording it in your basement on a reel-to-reel tape deck). It costs a hell of a lot more to market that music.

      --
      Coming soon - pyrogyra
    72. Re:They're stealing from ME... by Alsee · · Score: 1

      In the case of the RIAA, people are going out and committing crimes.

      I agree, some of the people behind the RIAA should be in prison for their various illegal activities. But it would be an irrellevant tangent to get into various illegal behaviour in the RIAA's history.

      But it's not an "unneeded buggy-whip industry".

      You want to quibble over whether the right analogy is the buggy-whip industry, or the old ice delivery industry, or some other indutsry? The point is that on the whole we no longer have need of the publishing and distribution services known as the RIAA. We don't need any fictional 10% breakage fees. We no longer need specialized hundred million dallar pressing plants, which also happens to mean we no longer need be restricted to a hand-full of billion dollar megacorps and the cartel they impose and abuse. We no longer need massive warehousing and shipping. We no longer need 42 layers of middlemen between bands and customers. And we NEVER needed things like payola to bribe radio stations and all of the other waste.

      To the exent that the RIAA isn't trying to exterminate P2P, their plan is P2P systems where they get paid thier dollar-per-track for every file that moves across the system. Excuse me?!? Why the HELL should the publishing and distribution industry get paid a SINGLE CENT for not doing anything! Answer me that.

      For the most part we have little need for the services formerly preformed by the RIAA publishing and distribution industry. There is no reason we to continue funneling some 90%-ish of the music industry economy on pork and unneeded services.

      As I indicated, the artists are lucky if they see even 10% of that music industry economy. That is the portion that matters, the portion actually creating the desired product. Other overhead and inefficencies should be allowed to die a natural death whenever possible.

      Retail CD sales no longer require huge "record stores" and inventories. Retail CD sales can be done with a glorified vending machine buring CDs on demand. And as I said, artists would still get paid for such commercial use. And the discs sold by such a vending machine would be a fraction of the price of current CD sales, so CD sales would INCREASE, even in the face of legal P2P.

      And music download sales would continue, even in the face of legal P2P. Of course such sales would have to actually be of MP3s, the product customers actually want. And such sales would be at a lower price*. The actual costs of transimtting a file are practically zero, so again, even at reduced prices there is ample room for artists to get paid.

      *No I don't have some magic right to decide what the "free maret price" for something should be, but entire books could be written on just how insane the current download offerings are. Just to cite a single issue, the RIAA cartel abused their monopoly power to prohibit download sales for years. In the face of huge market demand, they surpressed the existance of any legal download services for over half a decade. After YEARS of companies BEGGING to be able to offer download sales the RIAA cartel finally dictated opressive DRM terms and insane pricing structures.

      And now the RIAA is suffering because of that abuse - by surperssing and prohibiting download sales to sever that demand they pretty much created the P2P "black market" explosion to fill that demand. P2P would not be what it is today had they simply started offering download sales years ago, back when Napster first hit them over the head with the fact that there was a demand for it and that it was possible to service that demand.

      This does not mean that the industry is wrong - it means that the people are either uneducated, or plain don't care that they're breaking the law.

      Ohhhhh, you are reffering to the NEW LAWS that were LITERALLY written by lawyers employed by the publishing industry! Malignant laws expanding copyright like a cancer. Laws to imprison an innoce

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    73. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      Last time I checked, it cost at least $12,000 to record an album in any kind of professional manner

      This is wrong. There will always be people who define "professional manner" as being the most expensive option available, but that's a pretty stupid definition. Today's consumer technology provides much more than was necessary even a couple of decades ago. Sure, if you move the goalposts, it costs that much to record, but if you are just trying to sell your music, it doesn't.

      It costs a hell of a lot more to market that music.

      That was my point. The major labels have artificially raised the barrier to entry to a prohibitive amount. The reason they are necessary is because they make themselves necessary, not because of any intrinsic need for them.

    74. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      Ohhhhh, you are reffering to the NEW LAWS that were LITERALLY written by lawyers employed by the publishing industry!

      One case in particular stands out as being utterly corrupt. The mind boggles at how a law clerk authorised to correct typos managed to redefine copyright so that recording artists no longer hold the copyrights to their own recordings by default.

    75. Re:They're stealing from ME... by spectecjr · · Score: 1

      Ohhhhh, you are reffering to the NEW LAWS that were LITERALLY written by lawyers employed by the publishing industry! Malignant laws expanding copyright like a cancer. Laws to imprison an innocent and non-infringing person for doing math. Laws to exterminate the public domain. Laws to extent copyright to eternity. Laws that say that some a large fraction of the country should currently be in prision for felony infringment for "commercial advantage or private financial gain", an insane legal construction and rediculous result straight out of the twilight zone. And most specifically: laws to expand copyright where it was never intended to go, where it was never intended to function, where we both agree it is currently failing to function, to the non-commercial activities of ordinary school kids and grandparents. Ahhhh. Gotchya.


      No, the people are breaking the original copyright law, before all of those changes you claim were made.

      Oh, and as for the rest of your argument... distribution isn't the sole cost center. If you address marketing, advertising, studio and production costs, then you'll have a stronger argument. Right now you're only addressing a tiny piece of the puzzle.

      --
      Coming soon - pyrogyra
    76. Re:They're stealing from ME... by spectecjr · · Score: 1

      This is wrong. There will always be people who define "professional manner" as being the most expensive option available, but that's a pretty stupid definition. Today's consumer technology provides much more than was necessary even a couple of decades ago. Sure, if you move the goalposts, it costs that much to record, but if you are just trying to sell your music, it doesn't.

      So tell me what consumer equipment you'll use, and how you'll record an album. My costs include session musicians ($50/song), studio time ($300/day), and audio engineering time ($120/hr). Pretty basic for something that doesn't sound like it was recorded in someone's basement (ie. that will sound like *shit*).

      But hey, if you're not discerning, then that probably explains why you're happy with 28kbps MP3s.

      --
      Coming soon - pyrogyra
    77. Re:They're stealing from ME... by Reziac · · Score: 1

      Actually, with the RIAA out of the way, it would be a lot *easier* for artists to make a living: http://www.negativland.com/albini.html

      For every artist who makes it big, there are hundreds who don't even get their costs back.

      The only real reason for the RIAA trying to kill P2P is to prevent independent artists and producers from being able to distribute their own music, at no significant cost, and without requiring the RIAA cartel.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    78. Re:They're stealing from ME... by Anonymous Coward · · Score: 0

      Pretty basic for something that doesn't sound like it was recorded in someone's basement (ie. that will sound like *shit*).

      Funny, some of my favourite albums were recorded in places like that. One was recorded in somebody's bathroom, for example.

      What I have noticed, and what a hell of a lot of people have noticed, is that some people have a superiority complex when it comes to audio quality. They are the kind of people who claim to hear the difference with high quality cabling even though its only hooked up to $5 computer speakers. They are the kind of people who buy nothing but Bose.

      You sound like one of these people right now. Sure, if you want to spend that kind of money because you are a perfectionist and want the highest possible quality for the music you produce, that's fair enough, but you can't argue that it is a requirement to produce a good album that can sell.

      PS: you know, most people in bands actually have people to play the instruments already. Including session musicians as a cost is pretty ridiculous in the context of the argument.

    79. Re:They're stealing from ME... by Alsee · · Score: 1

      the people are breaking the original copyright law

      Originally copyright infringment was a purely civil matter. Originally copyright granted the power to sue to seize the profits generated by that work. If there were no profits there was not suit. Originally there was no intent or expectation for infringment to apply to ordinary individuals and non-commercial use.

      If you address marketing, advertising, studio and production costs, then you'll have a stronger argument.

      Sure. To a large extent "marketing and advertising" a parasitical costs of competition. To a large extent they exist in an attempt to buy/steal profits away from competing artists. Music already gets TONS of free "advertizing" by being played on the radio. Do we really require "marketing expenses" like illegal payola to manipulate radio stations into playing things other than the natural market selection to best server their listeners? Do we really require umpteen-million dollar marketing blitzs to manufacture demand for one artist at the expense of others? These are no expenses that need to be artificially inflated. The product that is being paid for is the music. As long as people are getting paid to create that product, as long as the public is receiving the product they want, everything else is overhead and inefficencies. Advertizing and marketing is a bite out of profits.

      There is no problem with demand for music. There is no problem with the public being exposed to a variety of music. Music already gets more free advertizing than you could ever buy. Artists will do marketing/advertizing to whatever extent it makes sense to take that expense out of profits.

      As for studio and production costs, are you talking about current RIAA production extravaganzas where they occationally spend a million-odd dollars on some market-blitz production? Most bands qo quite well on far smaller budgets. In fact many artists are now saying they can do professional studio-quality production at home with the new cheap hardware. For several thousand dollars they can permanantly own their own professional production studio.

      Technology has reduced distribution costs to near zero. It has reduced studio costs to near zero. Hell, it costs practicaly nothing to mass produce CD's in your livingroom. Being sucessful in music no longer requires the backing of a megacorp label to provide quarter-billion dollar pressing plant and distribution network.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    80. Re:They're stealing from ME... by spectecjr · · Score: 1

      What I have noticed, and what a hell of a lot of people have noticed, is that some people have a superiority complex when it comes to audio quality. They are the kind of people who claim to hear the difference with high quality cabling even though its only hooked up to $5 computer speakers. They are the kind of people who buy nothing but Bose.

      You sound like one of these people right now. Sure, if you want to spend that kind of money because you are a perfectionist and want the highest possible quality for the music you produce, that's fair enough, but you can't argue that it is a requirement to produce a good album that can sell.


      For the most part it's a requirement. Name your favorite albums which were recorded in places like that.

      For the record, two of my favorite albums have this problem - bad audio engineering, recorded in a bad environment. If I could get the original master tracks, I could get it cleaned up and release it for my friend and hopefully he'd be able to quit his day job and compose music for a living - which would be a much better use of his talent than writing documentation. But as they're all combined audio with no way of splitting it out, you can only do the most rudimentary of cleanups - and that won't sell.

      Which is a shame, because the music kicks ass. You could play it on an MP3 player in your car and it would sound fine. Not so much on a boombox.

      PS: you know, most people in bands actually have people to play the instruments already. Including session musicians as a cost is pretty ridiculous in the context of the argument.


      And a friend of mine who right now is putting an album together on a shoe string because she doesn't make huge bank doesn't have people to play the instruments already. I'm not idly pulling these figures out of my ass.

      --
      Coming soon - pyrogyra
  31. One Problem by nurb432 · · Score: 4, Insightful

    The problem is that they want names of people that *MAY* be trading..

    Presumed guilt.. That is a big problem.

    --
    ---- Booth was a patriot ----
    1. Re:One Problem by Pofy · · Score: 1

      Wouldn't the problem be that they want to be able to do the police work themselves, skipping out the police. If they suspoect someone being guilty, report to the police and let them handle it and check. That is who you do with any suspected ilegal activity.

    2. Re:One Problem by QuantumFTL · · Score: 0

      The problem is that they want names of people that *MAY* be trading..

      Presumed guilt.. That is a big problem.


      What about propable cause?

      Suspicous online behavior, extended transfers? There's plenty of perfectly legal uses of P2P, but lets face it - the vast majority of it isn't.

      You don't have to know someone is guilty to check in on them, you just have to have a "good reason." This is how we catch many criminals (or in this case - civil offenders).

    3. Re:One Problem by Anonymous Coward · · Score: 0

      Whoa, whoa, whoa. I'm gonna take a stab in the dark here, but I don't think you have an incredibly firm grasp on what "propable cause" means, or who it applies to.

    4. Re:One Problem by jj110888 · · Score: 1

      There's plenty of perfectly legal uses of P2P, but lets face it - the vast majority of it isn't.
      The vast magority of murders are illegal, but I'm quite sure suspected murders have a lot of rights, atleast before the patroit act.

      Seriously, if you have a "good reason" to think that I am taking your possesions, does that give you the right to demand personal information about me so you can hunt me down and sue me for so much that the legal fees would make it impossible for me to do anything except settle? These are regular citizens, not police force or feds, they don't want to send you to get you off the streets and into a rehab for music downloaders, they just make an example out of you in hopes that the fear caused will ofset part of their damages.

      You are right that criminals are caught this way. But file sharers are not criminals, they fit the defintion of pirates and copyright infrigments, but as you said, its a civil matter, and nothing whih I think huge coporations should have their own police force to enforce

    5. Re:One Problem by Random832 · · Score: 1

      I think the problem is that some people here [you] are perceiving removal of anonymity as a procedural matter, others [OP] are viewing it as a punishment in itself.

      --
      We've secretly replaced Slashdot with new Folgers Crystals - let's see if it notices.
  32. Didn't you learn to share your identity? by Anonymous Coward · · Score: 0

    "They can be arrested but there will be more. eventuall there will be jails full of sharers whome people will notice. "

    They're known as identity thieves, and yes people are noticing.

  33. Encrypted Networks by syukton · · Score: 4, Interesting

    So why don't we just encrypt everything (including filenames) so nobody can tell who is downloading what? It sounds like big business wants an ISP to track suspicious activity and report back if they see anybody transferring copyrighted materials. Well if everything was encrypted, only the people who are supposed to know what's being transferred will ever know that it is actually BEING transferred.

    --
    Reinvent the wheel only at either a lower cost, greater effectiveness, or your own personal enrichment and satisfaction.
    1. Re:Encrypted Networks by Anonymous Coward · · Score: 0

      Or try something like this:

      http://freenetproject.org

    2. Re:Encrypted Networks by cookiepus · · Score: 1

      This is already common practice. I am taking the GREs soon, so I went to eMule and found 2 ISOs called Kaplan Higher Score Gre Gmat CS Lsat Deluxe Edition 2003-Eatiso-Cd1-Eng.iso and Kaplan Higher Score Gre Gmat CS Lsat Deluxe Edition 2003-Eatiso-Cd2-Eng.iso. Waited anxiously as the files transfered bit by bit. Took about a week. Finally, I was went to DAEMON Tools and tried to mount them. Windows says: Inaccessible disk. Tried to burn them - nothing. Finally today I was booted into Fedora so I thought "well, let me try mounting them from here" - nothing. Invalid filesystem it says. Finally I thought to myself "what if these are archives that actually contain the ISO"? So I did "head" on one of these files. looks like AVI file headers!

      So I ran gmplayer Kaplan Higher Score Gre Gmat CS Lsat Deluxe Edition 2003-Eatiso-Cd1-Eng.iso

      What ISP could see through the brilliant tactic of concealing hard core pornography as Warez!?

      What diabolical mind could concieve such a plot.

      Fucking assholes ;-)

    3. Re:Encrypted Networks by Wesley+Felter · · Score: 1

      Encryption only protects against sniffing, but the copyright enforcers are not sniffing. They don't want to sniff, since it's so expensive. They can just log in to the latest P2P system, start downloading some warez, and see what IP address it is coming from.

    4. Re:Encrypted Networks by warkda+rrior · · Score: 1

      This is not useful, because there is no way to differentiate, in a P2P system, between people who download a file to use it and people who download a file in order to prosecute the source.

      --
      You need to install an RTFM interface.
  34. What I never understood about copyrights.... by Skraut · · Score: 1
    This is just what I never understood about Copyrights. Basically anything declared copyrighted becomes copyrighted. Where does the line get drawn?

    "0" Copyright 2005 by Skraut

    "1" Copyright 2005 by Skraut

    So now I have copyrighted 0 and 1. Can I now legally sue the **AA for having billions of copies of my copyrighted work on their websites?

    --
    Introducing Microsoft Vacuum 1.0 The first Microsoft product that doesn't suck.
    1. Re:What I never understood about copyrights.... by spectecjr · · Score: 1

      So now I have copyrighted 0 and 1.

      You can't copyright numbers. Or mathematical equations. Sorry.

      You can copy an individual expression of those numbers, but posting them on a bulletin board effectively voids your hold on them anyway.

      --
      Coming soon - pyrogyra
    2. Re:What I never understood about copyrights.... by Anonymous Coward · · Score: 0

      Of course not, you fool. It's hardly an original and creative work.

      If that was an attempt at a joke - sorry you fail it by being an unfunny tit.

    3. Re:What I never understood about copyrights.... by Anonymous Coward · · Score: 0

      Get a sense of humor, it was actually kind of funny... prior art notwithstanding.

    4. Re:What I never understood about copyrights.... by sangreal66 · · Score: 2, Informative
      WHAT WORKS ARE PROTECTED?

      Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:

      1. literary works;
      2. musical works, including any accompanying words
      3. dramatic works, including any accompanying music
      4. pantomimes and choreographic works
      5. pictorial, graphic, and sculptural works
      6. motion pictures and other audiovisual works
      7. sound recordings
      8. architectural works

      These categories should be viewed broadly. For example, computer programs and most "compilations" may be registered as "literary works"; maps and architectural plans may be registered as "pictorial, graphic, and sculptural works."

      http://www.copyright.gov/circs/circ1.html#wwp
    5. Re:What I never understood about copyrights.... by Skraut · · Score: 1
      Neither is most of the copyrighted crap coming out of the music studios these days either.

      --
      Introducing Microsoft Vacuum 1.0 The first Microsoft product that doesn't suck.
    6. Re:What I never understood about copyrights.... by Anonymous Coward · · Score: 0

      "You can copy an individual expression of those numbers, but posting them on a bulletin board effectively voids your hold on them anyway."

      If that were true, copyright would be absolutely meaningless. Posting something that you hold the copyright for does not make it public domain - *you* hold the copyright, therefore *you* have the ability to do whatever the hell you want with it. Publishing your copyrighted material, even for that magical word, 'free' doesn't automagically give others the right to distribute it as they wish.

    7. Re:What I never understood about copyrights.... by spectecjr · · Score: 1

      If that were true, copyright would be absolutely meaningless. Posting something that you hold the copyright for does not make it public domain - *you* hold the copyright, therefore *you* have the ability to do whatever the hell you want with it. Publishing your copyrighted material, even for that magical word, 'free' doesn't automagically give others the right to distribute it as they wish.

      In that case, please explain how Google and Slashdot can distribute this post as they wish.

      Thanks.

      --
      Coming soon - pyrogyra
  35. Who are you to speak for art? by Anonymous Coward · · Score: 0
    It's art, not industry.

    So, you must then be a well-off artist to be able make such a claim? Please post a link showing some of your art that you must sell to such extent that it maintains you.

    No? I have artist friends and they, if someone, know the value and importance of being able to sell their work. I bet you're just a freeloading GNU-convert who thinks that everybody's time is just as worthless as yours.

    1. Re:Who are you to speak for art? by teamhasnoi · · Score: 1
      Bleh. My (OP) point is that copyright only benefits corporate entities. An individual has an infinitely more difficult time and infinitely more expense defending their copyright than the RIAA (who claims copyright on works they do not own.)

      Much of what the BSA does is fishing expeditions, something that the individual can't do. (to the same extent)

      Now that the Justice Dept. is involved in 'enforcing' copyrights, I expect more of the same.

      I know the value of being granted a monopoly in selling my work. As a musician, I also know that 'art does not exist in a vacuum', and understand that a healthy public domain is key to works by any artist.

    2. Re:Who are you to speak for art? by Anonymous Coward · · Score: 0

      I'm not saying it's not important. I'm saying that greed and profit aren't what "drives" art.

      I retract my statement with regards to this anyway, because we're dealing with software -- I mistakenly thought somehow we were talking about music, RIAA related.

      Great, you have friends. So do I. So does he. So does whoever. Whatever friends you have I don't really care and I wouldn't expect you to care what friends I have.

      All I'm saying is that there is no equivalent idea of "progress" in the art world. Capitalism is not what drives the creation of art. I'm not saying it's not important for artists that they get paid. You just come down with insults calling me freeloading and worthless and develop a fake dialog.

    3. Re:Who are you to speak for art? by praedor · · Score: 2, Insightful

      Since when did being an "artist" mean you were owed wealth? An "artiste" is NOT owed anything other than an appreciative public is willing to toss in your frickin' hat. Always been that way and that is the way it should remain. You aren't curing diseases here, doing corrective surgery, putting out devestating brushfires, you're prancing around screaming "love me!".


      No. But if I like the painting you whipped up, I'll pay for it and then it is MINE to do with as I see fit (even wipe my ass with it when I get tired of it).

      --
      In Bushworld, they struggle to keep church and state separate in Iraq as they increasingly merge the two in America.
    4. Re:Who are you to speak for art? by Anonymous+Brave+Guy · · Score: 1
      But if I like the painting you whipped up, I'll pay for it and then it is MINE to do with as I see fit

      Sure, but how many good, original paintings can you buy for $10?

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    5. Re:Who are you to speak for art? by tepples · · Score: 1

      how many good, original paintings can you buy for $10?

      Depends on whether you mean "original" in the copyright law sense (that is, not a derivative of a copyrighted work) or "original" as in the first medium in which a work was fixed.

    6. Re:Who are you to speak for art? by Anonymous+Brave+Guy · · Score: 1
      Depends on whether you mean "original" in the copyright law sense (that is, not a derivative of a copyrighted work) or "original" as in the first medium in which a work was fixed.

      I'm not sure I appreciate the significant difference between your examples, but I'm also not sure it matters. My point was simply that if you want someone to spend a lot of time creating a work of art and then give it up to you in its entirety, it's going to cost a lot more than the $10 or whatever you paid for your latest CD.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  36. Re:the hell with this country, & to hell with by Anonymous Coward · · Score: 0

    With that defeatist attitude, we're hoping you're thinking along the Grizzly Adams existence too.

  37. outlaw professional lobbyists by bgs4 · · Score: 5, Interesting
    Groups such as the Business Software Alliance spend however many millions of dollars every year on lobbyists only because they get many more millions in return through their influence on government.

    Using money to influence government in this way is, in its end result, bribery. But it is different than bribery in that it does not require corrupt politicians-- it requires only politicians who are not all knowing. Even intelligent, well-intentioned people can be convinced of something if only one side of an argument is heard. This is especially true for a topic as complex as government policy.

    Professional lobbying, because it is effectively bribery, needs to be outlawed-- it should be illegal to pay someone to speak to a government representative on your behalf. Instead of hiring lobbyists, companies can ask their employees and shareholders to contact, in their spare time, their representatives. If that is not sufficient, companies can, through advertisement, raise public awareness of their concerns. In this way, the influence of money will move one more step away from government.

    Public interests groups, such as groups opposed to overreaching copyright and patent laws, will have little problem recruiting volunteer lobbysists, as many of them already do. Such lobbyists, since they are unpaid, would be perfectly legal. Not only will public interest groups be able to lobby almost as effectively as before, but they will also no longer have to compete with highly paid professional lobbying firms.

    1. Re:outlaw professional lobbyists by shark72 · · Score: 1

      "Professional lobbying, because it is effectively bribery, needs to be outlawed-- it should be illegal to pay someone to speak to a government representative on your behalf."

      I don't see any harm in hiring an accountant to do my taxes, or hiring a lawyer if I've been charged with a crime. If I have the money to spend, and I would rather have an expert figure out my taxes for me, or representing me if I'm hauled into court, then I think it's perfectly acceptable.

      --
      Sitting in my day care, the art is decopainted.
  38. This one... by Mark_MF-WN · · Score: 1

    Only a moron would use Iran's severe shittiness to excuse America's moderate shittiness.

  39. makes me wonder by Anonymous Coward · · Score: 1, Funny

    who does one have to sleep with to get legislation passed round here?

    I bet the RIAA/MPAA/BSA knows.

  40. I for one.. by mebollocks · · Score: 1

    . welcome our new bsa overlords... would like to remind them that I can be useful in rounding up others to further the cause of FOSS s/w by making the general public eventually realise that the s/w they're running/distributing IS NOT licenced to them and that what they're doing IS immo^H^H^H^H uneth^H^H^H^H not cool. Was I the only one here that read who read that newsforge article today? Stop complaining about your rights getting trampled, feds can get a warrant to search your house, read you post etc. Nothing new here, nothing unconsitutional either.

  41. And I thought free/open source was a lobby by Anonymous Coward · · Score: 0
    That's just silly. "Outlaw lobbying" is just like saying "Outlaw all the nasty things such as murder, rape and robbery".

    The fact is - it will never stop. You either have to play the game or lose.

    Hey! There's plenty of you. Just set up an organization and start lobbying! How hard is that?

    1. Re:And I thought free/open source was a lobby by Anonymous Coward · · Score: 0

      But but but... that would require us slashbots to take time away from our freeloading, get off our fat asses, go outside, and actually do some work!

      Why do that when we can sit here whining about how evil it is for those companies to want us to pay them for their products/services. It costs us noting to take it, they should be grateful that we even take their stuff!

  42. Who else will this law change benefit? STALKERS by macdaddy · · Score: 4, Interesting
    Even worse, assume for a moment that a disgruntled ex-husband calls up Hotmail, claims that user X is infringing on his copyrights for ficticious product X, and demands to have the contact information of that user (his ex-wife). He then uses that contact info (probably her current ISP's email account) to again allege a copyright violation and demand her contact and billing information. Now he has her credit card info and mailing address. He goes to the address, kills her, and takes their child (that the mother had full custody of and a protection order against the father). Or take the same scenario but this time apply it to a female celebrity and her website. This time use a mentally unbalanced stalker instead of a disgruntled ex-husband. Perhaps the celebrity sent the bills to her secret, private (unpublicized so the paparazzi don't find it) condo in Montana. Of course since noone knows about the condo but her family and closest friends the security will probably be much more lax or even non-existent. Opps. Now this mentally unbalanced stalker has her private mailing address. How many female celebrities have been confronted, assaulted or killed by their deranged stalkers? Lets count just who we can easily recall:

    Sheryl Crow - confronted by Ambrose Kappos

    Jacqueline Kennedy-Onassis - confronted

    Gwyneth Paltrow - confronted by Ron Galella

    Rebecca Schaeffer - MURDERED by Robert Bardo

    Barbara Mandrell - confronted by Edwin John Carlson

    Madonna - confronted by Robert Hoskins who was ultimately shot (not killed by one of her bodyguards.

    Olivia Newton John - confronted by Michael Perry who was found camping behind her house. He wasn't charged though and was sent home to his family, which he ultimately MURDERED.

    Jodie Foster and Ronald Reagan - John Hinckley Jr. shot President Reagan to impress Jodi Fostter, whom he was stalking.

    This doesn't only happen to female celebs. It happens to male ones too:

    John Lennon - MURDERED by Mark David Chapman

    Michael J. Fox - confronted by Tina Ledbetter

    Scott Bakula - confronted by Tina Ledbetter

    Steven Spielberg - confronted by Jonathan Norman

    David Letterman

    Rebecca Schaeffer, Theresa Saldana, Cher, Olivia Newton-John, Sheena Easton, Barbara Mandrell, Maddona, Michael Jackson, Michael J. Fox, Justine Bateman, Sarah McGlocklin, Belinda Carlisle, David Bowie, Whitney Houston, Vanessa Williams, Sharon Gless, Brad Pitt, Monica Sales, Nicole Kidman. Jeri Ryan, Meg Ryan, Mel Gibson, Anne Murray, Sonny Bono and even Steven Spielberg are just a few of the celebrities who have been stalked.

    A law change to allow anyone to allege copyright infringement to gain personal data is absurd and will be a boon to stalkers everywhere.

  43. How can the average American compete? by i41Overlord · · Score: 4, Interesting

    It takes money to get laws passed. Lobby groups have tons of money and they can easily get laws passed in their favor. When it's business vs. business, it's still ~somewhat fair because their respective lobbying groups counteract each other.

    But when it's lobby groups backed by the industry as a whole that lobby for laws that go against everyday people, how can we compete? How are we going to stop the billions of dollars of lobbying money that the industry has? This is a very lopsided match here. The companies can get laws passed almost unimpeded while the average citizen just has to sit there and live under those new laws. Some of these new laws, such as ones that favor patents and IP have the effect of stomping out anything open source or free (since it takes loads of money to get your ideas patented and if you're not working for profit, you won't have the money to get your ideas patented).

    I'll use an example just to give you an idea of what I mean. Let's say there was an "open source" pharmaceutical effort that came out with a drug to cure xxxx disease. That drug would never be allowed to be sold. Being open source, you wouldn't have the money to "convince" the FDA to approve your drug, and you wouldn't have the money to defend yourself against the bully lawsuits that the big rich established pharm companies would surely throw at you. Even though your product would help mankind, it wouldn't generate the money needed to defend itself. Instead, a company which generates lots of money by selling a product to *treat* the disease instead of curing it would have the money (and therefore political power) to stifle you.

    Big Money rules the government in the US. Non-profit can no longer compete with for-profit, and that's a bad thing when the point of the organization was to donate their time and skill to give to the community. When you look at the net effect of all these laws as a whole, they basically amount to you *having* to give companies your money.

    I'm sorry for the long post but I see where things are going and this is getting out of hand.

    1. Re:How can the average American compete? by Anonymous Coward · · Score: 1, Insightful

      The biggest enemy today of American people is non other than their own apathy and their own absurdity.

      If 100,000 Americans spend $100 and 100 hours each every year to represent the whole of American people in congress, then congress wouldn't have any other choice but to listen to the American people.

      There is a fundamental difference between how the coporations and how the people participate in government. Every once in a while the people get rilled up about something, but once whatever it is is accomplished their intrest dies off, and they move on. Corporations on the other hand do not relent. They are always there reguardless of their current myopic focus. When they accomplish something, they set new goals.

      In the end, it really is non other than the American people's own fault for not controlling their own government.

    2. Re:How can the average American compete? by X-rated+Ouroboros · · Score: 2, Insightful
      But when it's lobby groups backed by the industry as a whole that lobby for laws that go against everyday people, how can we compete?

      Corporations cannot vote. Remind your Representatives/Senators of that in your personally written letters to them on topics which concern you. Even a single letter can get them wondering how many other voters think the same way.

      We still get to decide whether they keep their power or not.

      --
      Simple Machines in Higher Dimensions
    3. Re:How can the average American compete? by kcbrown · · Score: 1
      Corporations cannot vote. Remind your Representatives/Senators of that in your personally written letters to them on topics which concern you. Even a single letter can get them wondering how many other voters think the same way.

      No, corporations cannot vote directly. What they can, and do, is control the information voters get that determine who they vote for. They can do this because they own the media.

      If I could trade that for the ability for corporations to vote directly, I'd do it in a heartbeat, because at least real people outnumber corporations by a wide margin. The ability to control what people see and hear (or don't see and hear -- you can't vote for someone whose existence you don't even know about) about candidates is much, much more valuable than a single vote.

      The U.S. as a political system is a lost cause. There's simply no way to get from here (corporations dominating and/or controlling every aspect of lawmaking and voting) to there (a system where the voice of the people is loudest and is listened to and acted upon) short of violent revolution, and violent revolution cannot succeed against a government which controls a modern military. Bottom line: we're screwed, and there isn't a damned thing we can do about it. Better get used to it.

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    4. Re:How can the average American compete? by evilviper · · Score: 1
      We still get to decide whether they keep their power or not.

      It sounds good on paper, doesn't it?

      In real life, however, they've gone to great lengths to make sure they can maintain their seat.

      "Redistricting" is something both parties want (when it's in their favor), as it allows both sides to run in a district that is strongly in their favor, and only the most henous of acts will get people in your district to vote against you. Unfortunately, it increases the divide between Rep/Dem, and gives them a firmer grip on power, that a few bad laws isn't going to change.

      It's a similar for presidents as well. If you sent a letter to the president in his first term, or either candidate before the election, it would be completely ignored, unless it happens to be addressed from Florida or Ohio...

      I dare say, the majority of senators are firmly in power in their home states, and it would take a huge ammount of bad publicity to get them voted out of office.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  44. war against jesusland by Anonymous Coward · · Score: 1, Informative
    yep, the religious right owns us.

    where's your compound? i could be of use to you. i'm a chemist, i can cook up bombs and i know how to handle a gun. i want to be a part of the war against the jesusland freaks.

    1. Re:war against jesusland by Anonymous Coward · · Score: 0

      Informative? What the fuck?

      Looks like a troll got some mod points.

  45. MOD PARENT UP!!! by Anonymous Coward · · Score: 0

    This is exactly the case with modern copyright law. Corporations are paying lobbyists to make it legal to steal from the people. They are stealing our culture!

  46. Shouldn't be specific to copyright by Sloppy · · Score: 4, Interesting
    Copyright infringement is just the current and topical reason this is coming up. But the more general question is: should IP addresses be anonymous xor accountable?

    I would prefer that society deal with and answer that general question, rather than just make a special case or limit the decision to just situations where copyright infringement is suspected.

    My opinion is that pseudo-anonymity just isn't worth much, and that we should go one of two ways:

    1. Anonymity is guaranteed: ISPs are required to maintain customer anonymity, not keeps logs except for billing purposes, and this information should not be available to third parties by any means, including court orders.
    2. Accountability is guaranteed: ISPs should be required to maintain logs for a reasonable period, and automatically furnish information about who was responsible for an IP address as of a given time (within a reasonable window into the past).
    Right now, we're sort of in between those two situations, where the ISP has discretion. This makes everyone a loser. Nobody can count on anonymity, so perceived anonymity is of dubious value (e.g. you can't really spread samizdat against your own government, if they can just order that you be exposed). Nobody can count on accountability, because there may be prohibitively expensive legal requirements to getting desired information, and even then, you don't have a guarantee that the ISP ever maintained a log (e.g. Joe-open-wireless-access-point didn't even know he was an ISP until he got a letter from a lawyer).

    Going either way would be fine with me. Each has problems, but also, each is better than an in-between situation.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    1. Re:Shouldn't be specific to copyright by Alsee · · Score: 1

      I wonder which of those two options the industry cartels will spend hundreds of millions of dollars on?

      And I wonder which of those two options programmers will constantly implement new and more effective versions of?

      I think you'd have better luck brokering a truce in the Israeli-Palistinian conflict. Chuckle.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  47. but our politicians alraedy know what we want by Cryofan · · Score: 1

    Our elected representatives already know what public opinion is on this subject. THey already know that most citizens do not approve of the BSA et al, buying laws from congress. But our elected representatives go ahead and do it anyway. They know that we have no real power. If we throw the bums out of office, they just go to their corporate masters to get a fat payback for doing their bidding. So, if they already KNOW that we do not like what they are doing, and if we vote them out of office, they can then REALLY cash in, why would it matter if we write them and let them know what we think? THat is useless to us.

    The only thing that will stop our politicians from selling out is negative consequences. Why don't you run all the traffic lights on the way home from work tonight? You would get home faster! But there would be negative consequences for you if you did that, right? Like getting killed by cross traffic! That would be a Very Bad Thing, and so you would NOT run all those traffic lights.

    We need to make sure our elected representatives do our bidding and not that of corporations. We can do that by making sure that extreme bad things happen to them if they do such a thing.

    But how do we do that?

    Here is a suggestion: kill them if they sell out. Now, I am not suggesting any sort of illegal activity, but instead we should implements a legal infrastructure and laws that subject ALL elected representatives to periodic and intense scrutiny. In other words, subject them all the a quasi-prosecution on a regular basis. Try them, and if found guilty, hang them publicly. After that happens a couple of times, no politician would want to bring on such shame and humiliation on his/her family, which could last for generations.

    Oh, but you will now say that then all those wonderful and talented politicians would never bother to run for office. Gee, what a loss...I mean, they have done so much for us....

    Oh, but you will now say that why should public servants be subjected to possible death? Well, they ARE public servants, after all. It is supopsed to be a "special calling" right? A honor to serve, and all that. What about all the soldiers who gave their innocent lives just for a measly little paycheck?

    THe main thing is that we need to turn the tables on the top end of the social hierarchy. Make THEM the focus of a criminal justice system built especially for them. If they are good and honest, they have nothing to fear.....

    Just an idea.

    --
    eat shiat and bark at the moon
    1. Re:but our politicians alraedy know what we want by ppanon · · Score: 1

      Death? Nope, that's barbaric.

      I would be satisfied with confiscation of all assets and possessions and garnishing any income they make in excess of three times the income at the poverty line. Said garnishing of income to happen in perpetuity, regardless of any bankrupcy proceedings. Additionally require loss of control of all trust funds controlled by the convicted pol., with control transferrable only to the government or to a recognized charity that must not employ the politician or any member of their immediate family.

      All funds generated from these activities to go into the country's general revenue pool.

      That said, even this is pretty risky. If you are doing the people's work, you're going to annoy some mighty powerful people; people who wouldn't think twice about framing you for a crime and bribing some crooked cops and judges to nail you for it. But there are some people who would be willing to take that risk if they could continue to do the work that needs to be done (which they could pobably do on a 3xpoverty line salary).

      The last thing we want to do is to give the corrupt the opportunity to take any genes that encourage civic duty out of the gene pool.

      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
    2. Re:but our politicians alraedy know what we want by Sigma+7 · · Score: 1
      So, if they already KNOW that we do not like what they are doing, and if we vote them out of office, they can then REALLY cash in, why would it matter if we write them and let them know what we think? THat is useless to us.
      When you vote those bastards out of office, the next attempt to tighten copyright laws (which seems to happen very frequently) can backfire more easily and result in some changes in favour of the citizens (or against the holders). For example, the copy-protected works of copywritten products will not receive any compensation from the copyright levy (while the benefits from the levy still extend to these products.)

      Not that it would happen in a two party system. If you really want those politicians truly removed from office, then you might consider trying your best to drum up support for one of the third parties.

      Try them, and if found guilty, hang them publicly. After that happens a couple of times, no politician would want to bring on such shame and humiliation on his/her family, which could last for generations.
      It won't work for practical reasons. The most obvious example would be the movie Mr. Smith Goes to Washington, where one senator was framed for trying to pass a bill through for his personal gain. (The bill was legitimate, but the evidence pointing to personal gain was forged.) If Senator Smith got hanged, you would have one innocent person killed by the death penalty.
    3. Re:but our politicians alraedy know what we want by aussie_a · · Score: 1

      But as some American states believe in the death penalty that's alright. Or are only politicians capable of being wrongly sentenced?

    4. Re:but our politicians alraedy know what we want by Anonymous Coward · · Score: 0

      copywritten products

      "copyrighted". Again, "copyrighted".

  48. Does That Mean by Greyfox · · Score: 3, Interesting

    Open source projects would find it easier to supoena source code of companies suspected of infringing on the GPL? Becuase there's an awful lot of source code just sitting around, and I suspect that a lot of corporate programmers find it tempting to "borrow" some of that code. I wonder how many of the BSA's clients are committing copyright infringement of their own...

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  49. Also benefits Child Molesters and Terrorists by Anonymous Coward · · Score: 0

    Exactly. And the same logic can be used by those who wish to track down kids who go to a "candy shop" website. I can just see a market forming for the information here.

    The point is that there MUST be reasonable limits put on the requests for infomation. Our current judicial system allows such reasonable limits.

    Given free reign to the access of sensitive information at any time WILL lead to abuses. It always has, and always will. Even if it's limited to select organizations; for someone within that organization will always find the power too easy to ignore. And will make it available to others.

    This is happening even today with supposedly restricted databases. And it will happen again. That's why we need the courts here.

    Why in the world does the RIAA/BSA think they are above the law? Just because they think they own Congress, I suppose.

  50. A real-world example - H pylori by hung_himself · · Score: 1
    Let's say there was an "open source" pharmaceutical effort that came out with a drug to cure xxxx disease. That drug would never be allowed to be sold.


    There may be some truth to this. A good example is that of H Pylori, a bacterium discovered back in the 80's that is a major factor in peptic ulcers. There should be a Nobel prize for this since it was against the wisdom of the time which held that excess acid production caused ulcers and the biggest money makers were acid reducers like Zantac and Tagumet. It wasn't until the mid 90's that the obvious antibiotic therapy was easily available in Canada - (my father had an ulcer around '95 and he was given antibiotics - a friend had it the year earlier and had no idea that bacteria were involved...). A lot of this probably had to do with the way the medical community is entrenched in its thinking esp in Canada (lumpectomies are *still* frowned upon by some idiot surgeons...).

    In the end, however antibiotic treatment, in conjunction with newer proton pump inhibitors has been adopted, Zantac (which went off-patent in '97) has been relegated to an OTC role so the "open source" treatment did win out. Yet I have always wondered how much more quickly the new therapy would have been introduced had it involved something other than cheap antibiotics and whether these guys would have won the Nobel by now as they deserve.

    Others have a somewhat stronger viewpoint...http://www.orc.ru/~yur77/pylori.pdf

  51. Open Source by drooling-dog · · Score: 1
    There goes 'presumption of innocence.'

    Well, look at the bright side. This will drive more and more people to open source software, as the terms and legal liabilities of using the proprietary stuff become more and more onerous. E.g., vendors will be demanding access to your machine to verify that their licensing terms aren't being violated, you'll be required to upgrade at their whim, etc. etc.

    Why deal with crap like that any more than you absolutely have to (which is not at all)?

  52. Abolish copyrights! by Anonymous Coward · · Score: 0

    No, you're not the only one.

    Let us remember that the concept of copyright is a new and arbitrary concept, in terms of human history. It was seriously debated whether it should be allowed when this Country was formed. A compromise was established to allow what was thought to be reasonable limits to copyrights.

    This compromise has been completely thrown out. There is no "fair use" according to some. And copyrights are now effectively infinite (for example, the Mickey Mouse copyright). Never mind that most of these companies have been built using works which had entered the Public Domain previously (Disney is a superb example).

    So I have abandoned the concept of copyrights. Everything I want can be found on the various networks, for free. And it is simple to get. If I login offshore, there is nothing, absolutely nothing, anyone can do to stop it. And little onshore in fact.

    The heck with buying CD's/DVDs anymore. Call me a pirate if you want. I could care less, as I consider those comments coming from a brainwashed sheep.

    1. Re:Abolish copyrights! by Jane_Dozey · · Score: 1

      So you wouldn't mind at all if I took something of yours (some intellectual property of course) and claimed it was mine? Not even if it was a book that you wrote that was heralded as the best book the last 100 years?

      Copyrights are not bad things. They originated to give authors the rights to their works rather than the publishers.

      The problems have arisn from publishers getting the copyrights back into their possession and abusing them for all they're worth.

      --
      Silly rabbit
    2. Re:Abolish copyrights! by Anonymous Coward · · Score: 0

      Nope - I don't mind at all. Of course, you'd look a little silly claiming it was yours, when other people had reference to it before you claimed it was yours. But that's up to you.

      But personally, I really don't care one whit.

      Jeez - break out of your limited mindset, people. Your blinders are killing you.

    3. Re:Abolish copyrights! by Anonymous Coward · · Score: 0

      "Jeez - break out of your limited mindset, people. Your blinders are killing you."

      rofl! Everytime I see someone using the old "your all sheep!" type of argument I just KNOW they have no decient arguments for their point of view. Seriously, if you want to make a respectable point get a real argument....or take off your own blinders. You're not thinking in a new way.

  53. Good by dom1234 · · Score: 3, Insightful

    Don't you think one of the reasons why Windows is so popular is that many people can get a free illegal copy of it without any consequences ?

    If Windows users really had to pay for Windows, maybe more people would think more about real free solutions for home computing.

    1. Re:Good by CaptKilljoy · · Score: 1

      >Don't you think one of the reasons why Windows is so popular is that many people can get a free illegal copy of it without any consequences ?

      >If Windows users really had to pay for Windows, maybe more people would think more about real free solutions for home computing.


      You know, I'd like to think there are more compelling reasons to use Linux than "I can't afford anything better."

  54. This could still be bypassed. by Anonymous Coward · · Score: 0

    You could still bypass this with https. Yes, it would be a pain. But it's still doable. And don't forget DNS.

    You'd also have to shut off complete access to the USENET.

    In short, while one could as you suggest, it would a lot of pain, for no gain. It would be far better to just cut off access to the Internet completely, which really is the only solution.

    While this would make the RIAA/BSA happy, it would also delight the Taliban. It's sadly amusing to think of all them together on this.

    1. Re:This could still be bypassed. by Jane_Dozey · · Score: 1

      "In short, while one could as you suggest, it would a lot of pain, for no gain. It would be far better to just cut off access to the Internet completely, which really is the only solution."

      Hehe, what about CD swapping or wireless networks? There are still lots of ways to swap music even without the internet.

      --
      Silly rabbit
    2. Re:This could still be bypassed. by Reziac · · Score: 1

      Occurs to me that wireless networks could be used sortof like the old FidoNET system, where echomail was transferred from one dialup BBS to the next via whatever hops could be managed with only a local phone call. Since most sysops were in more than one local calling area, mail eventually propagated far and wide -- one system at a time.

      Since wireless access also overlaps... you see the point, I'm sure.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  55. Legal P2P sharing? by October_30th · · Score: 1
    Legal file-sharing will also generate frivolous subpoenas

    Ok. Maybe that's it. I, for one, haven't seen much legal P2P file sharing. In fact, I don't believe that such thing exists to a significant extent.

    --
    The owls are not what they seem
    1. Re:Legal P2P sharing? by X-rated+Ouroboros · · Score: 1

      In fact, I don't believe that such thing [legal file-sharing] exists to a significant extent.

      Depends how you measure significance. Legal file-sharing v. illegal file-sharing is probably insignficant. Then again, illegal file-sharing v. units sold is probably insignificant, too. Look at it this way, though, illegal file-sharing ultimately threatens only the bottom line of the business. Legal file-sharing threatens the core of the business (unless, of course, the businesses can set things up so only They fnord can share files). Any legal file-sharing is significant to you if it undermines your control.

      --
      Simple Machines in Higher Dimensions
  56. You have something more powerful than money! by bluGill · · Score: 1

    You have something big corporations do not have: votes. All that money they give goes to buy YOUR vote. So when you go to the polls as an informed voter (as opposed to all the people who vote for the better looking candidate, or the one who sounds better) you negate all the money advantage.

    Start talking to your friends and neighbors. Believe me, politics is a hot topic year round, not just before an election. I'm sure there is a talk radio station in your area that talks politics, call them up once in a while and talk. (most have a policy to let those who disagree automatically get on and talk as long as they want - make sure you are have something intelligent to say) Next time your at the grocery store start talking to the person behind you, and mention that laws like this are harmful...

    Vote, vote, vote. If this passes, and next election every politician who voted for it is voted out (democrat and republican) it says something. If you want to really make a statement, vote for a guy you disagree with 100% simply because he is non-incumbent in the major parties. Or vote for a third party no matter what. Either vote gets noticed. (the major parties want to know what happened to their base either way) There are many voting strategies, make it a point to never vote for someone who betrayed you! (this means you can NEVER vote for the incumbent)

  57. Everything is for sale, if the price is right by 87C751 · · Score: 1
    GP blockquoth:
    So. I guess the subversion of the Original Copyright Intentions, by biased legislators and coporate America, are fair as well?
    To which parent responded:
    I don't recall saying this, but yes it is. Why not? The point of a representitive system is to represent the people.
    While I agree that the "point of a representitive system is to represent the people", I'm having a hard time wrapping my brain around the assertion that "biased legislators and coporate America" == "the people".

    Your assertion that it's our fault for voting the scum in fails to account for the influence of Large Sums Of Cash in the political process. Corporations can't vote, that's true. That's why corporations purchase legislators to cast votes for them. And those votes (the ones cast by members of Congress, not for them) are the only votes that count. We, The People don't get line-item veto power over bad laws, only Hobson's choice among self-interested legislators.

    So, while "[c]opyright is available to everyone", not everyone is in a position to consolidate copyright control so as to forever extinguish the public domain in favor of a pay-per-view control over artistic expression designed to further enrich the already rich and powerful. Some believe this will promote the stagnation of the arts into an easily marketable commodity.

    Others believe this has already happened.

    --
    Mail? Put "slashdot" in the subject to pass the spam filters.
  58. give them ALL the names by way2trivial · · Score: 1
    because they MAY be doing so..

    hell, verizon can just send the RIAA a phonebook from every region and say- they may be..

    --
    every day http://en.wikipedia.org/wiki/Special:Random
  59. "A young lady's illustrated primer" - Diamond Age by lkcl · · Score: 1

    anyone willing to create distributed virtual networks?

    i'm fed up with this law-buying rubbish.

    by creating a distributed virtual private network, running over the internet, we get to "escape".

    get attacked? do it again. level 2.

    and again.

    and again.

    just like in "the diamond age"...

  60. Inquisition Reloaded by RealBorg · · Score: 1

    In 10 years we will have death squads from RIAA/MPAA/BSA patroling through our streets, performing house raids at will and burning people who possess open source software or unprotected audi files and movies at the stake. History is repetitive - prepare for the witchhunt to come to your village soon!

    1. Re:Inquisition Reloaded by Anita+Coney · · Score: 1

      Oh come on. You're exaggerating. I'm sure they'll only burn the bodies AFTER they've killed them in a humane manner.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    2. Re:Inquisition Reloaded by Buran · · Score: 1

      I can get a new Audi by downloading it from the internet!!? BRING IT ON!

      A3 Sportback, 2.0T FSI, in white, panoramic moonroof, 6-speed, cold weather package, nav, xenon headlights, please.

  61. Strangle hold by Migraineman · · Score: 3, Insightful

    Taken by itself, the request for additional copyright protection may seem like a reasonable request. However, when you consider that the copyright period has been extended to life+infinity, this is clearly an attempt to enhance the strangle hold that's already being imposed. This has nothing to do with "enforcing copyright." It's about "enforcing consumer behavior." When they start forcing content down your throat, you won't like the term "consumer."

    The BSA is one of the worst offenders where "presumption of guilt" exists. If you start a new business, as soon as you get your state license you can expect a postcard from the BSA offering to "help" you make sure there's no improperly licensed software on your corporate lan. They'll even install software to periodically check. The BSA may lick my left nut. The sheriff doesn't come in without a warrant. Why would I let these self-appointed asshats in?

  62. Re:Who else will this law change benefit? STALKERS by Alsee · · Score: 1

    Exactly.

    I couldn't help thinking how easy it would be for someone to have simply issued a DMCA takedown notice and had Bush's and/or Kerry's website yanked mere days before the election. It would have been an excellent demonstration of just how BROKEN the legislated DMCA process is for entirely bypassing the courts.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  63. Oh yeah? by pair-a-noyd · · Score: 1

    "I guess they feel that the DMCA is too lax for them to be allowed to carry out RIAA-style raids on college students."

    I'm not a college student and I don't engage in mainstream music/video swapping, I go for the indie stuff, BUT, if some yahoo decides they want to raid me, it WILL be the last raid that group ever conducts because they WILL meet up with the fangs of a very large and overly protective German Shepherd and massively overwhelming firepower.
    RIAA, say hello to Mr. 12 guage...

    1. Re:Oh yeah? by Anonymous Coward · · Score: 0

      So you want to chlorinate yourself out of the gene pool? In that, I wish you the best of luck.

    2. Re:Oh yeah? by Anonymous Coward · · Score: 0

      go fuck yourself.

  64. Sigh. Poor copyright law. by Pendersempai · · Score: 2, Insightful

    This is ultimately what is wrong with copyright law. There are large, monied interests with large, monied incentives to see law swing against public domain, but the public domain has no one to defend it.

    Contrast this state of affairs with patent law, where the public domain has generic drug makers fighting for it, and note the difference in term limits. (copyrights last 70+ years today; patents last twenty-something.)

    I don't know what is to be done about it, but that is the problem.

  65. Legal P2P sharing - yes indeed by Anonymous Coward · · Score: 0

    All major Linux distributions are now published as bittorrent streams, as are many smaller software distributions.

    I have no interest what so ever in any of the RIAA or MPAA products, and have never downloaded or uploaded one in my life. My average monthly download is somewhere between six and eight gigabyte, last time I bothered to look.

    So strange as it may seem there is indeed legitimate P2P traffic out there. In fact bitorrent was specifically designed to support it, amd makes no specific attempts to preserve user anonymity, since it was not designed with warez kiddies as its primary objective.

    And I would take a very dim view of my ISP passing out my address details casually to any Tom Dick or Harry that thinks they have a right to poke their nose into my business.

    Due process in another matter, especially since it provides for me to bite back if proceeded with without due cause.

    And not being able to account for the traffic volume that comes and goes from my private network is not reasonable cause for action.

  66. Backlash by QuantumFTL · · Score: 2, Interesting

    Has anyone considered the possibility that businesses going too far with laws like these might actually be a good thing? I mean, in the short run it will suck but perhaps the public will backlash against them and we will finally have a reasonable copyright/patent system.

    I'm sure that if anyone who downloaded illegal music/games/porn/whatever on the internet got smacked with a $100 fine today, those laws would be fixed so fast you'd swear we had a functional government.

    Right now the corporations are getting their way - but they are also quite greedy. Perhaps that is their weakness?

  67. Obligatory reference. by Spy+der+Mann · · Score: 1

    "All your bytes are belong to us!"

  68. Re:Eminem by Intrinsic · · Score: 1

    LOL!!! omg that was fucking funny,.

  69. To /., "Sonny Bono" means copyright term extension by tepples · · Score: 1

    Cher [and] Sonny Bono [are among] just a few of the celebrities who have been stalked.

    Except it might have been justified, as they were plotting a copyright term extension, the first ever to extend U.S. copyright terms that had already been extended. Let's just hope the Chastity Bono Act of 2018 gets overturned on a three-strikes rule, as the Supreme Court seemed to hint in its Eldred v. Ashcroft opinion.

  70. ownership society, like good old days by Anonymous Coward · · Score: 0

    We are moving toward an ownership society, just like in the good old days.

    Imagine slave owners lobbying the constitution writers !! They could get each slave counted as three fifths of a person for purposes of congressional representation !!

    "Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons,
    including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons."

    ETERNAL VIGILANCE IS THE COST OF LIBERTY

  71. XBox function by Anonymous Coward · · Score: 0

    Yes, the xbox does set up as a server if it is hosting the game.

    As well as any online game that has a host/server will be screwed over by this.

  72. That "nice nude women" is a 16-year-old CHILD. by Anonymous Coward · · Score: 0

    And that makes you a disgusting pedophile.

  73. Shut the fuck up, Asspussy. by Anonymous Coward · · Score: 0

    Nobody but you wants to read your "trolling".

  74. Easy question for cliffski by tepples · · Score: 2, Interesting

    I make video [games] for a living. If people like you go around copying the products I make and giving them to your friends for free, I sell a LOT less copies. Likely result is that people who would have bought from me don't, and I go out of business.

    So why do you feel that your video games still deserve copyright for 70 years after you're dead and buried?

  75. Tips? by tepples · · Score: 1

    So when you go to the polls as an informed voter (as opposed to all the people who vote for the better looking candidate, or the one who sounds better) you negate all the money advantage. Start talking to your friends and neighbors.

    I vote Libertarian wherever possible, but how should I present myself to friends and neighbors so as not to sound like a solicitor?

    1. Re:Tips? by bluGill · · Score: 1

      For starters, just be friendly. IF you walk up one day and start ranting about Bush's big spending ways, or some such, you look like a kook. If during your weekly card game you respond to someone's comment about the difficulties of keeping a budget with a dig at Bush's big spending, you have made a point. Just start out as friends though.

  76. Different Battle by nurb432 · · Score: 1

    I think the battle is going to be lost , due to how our system here works now ( he with the most $ wins ).

    Instead of continuing to fight, I just wont participate in the commercial entertainment market, or the commercial software market.

    If I'm stuck with the movies/cds/software I own now.. then thats the way it goes.. Its entertainment, its not a requirment of life..

    When 'free' software is banned, then i sell my pc.. Again its not a requrement..

    Ill spend my time/effort on other battles that have a chance of winning and that are more fundamental to life...... Tired of fighting .. or caring about the daily 'digital rights' war.

    --
    ---- Booth was a patriot ----
  77. Why modifying the law probably doesn't help by Anonymous+Brave+Guy · · Score: 1

    (b) Modify the laws that are being broken so that the activity isn't illegal anymore, which generally requires a reduction in protection or control for the businesses.

    The problem there is that in this case, you're effectively talking about removing copyright in its entirety, at least in the markets we're discussing. Anything significantly weaker would still leave the sort of copying that goes on illegal.

    Now, my problem with that is I believe, aside from the idiocy associated with Disney et al. extending the term indefinitely in the US recently, that copyright is basically a sound concept. It does its job: it does protect many groups of people both big (corps) and small (solo indie artists/authors/developers/etc.), and it does promote the creation and publication of new content.

    People say it's different to material property, that there's no inherent ownership of information, but they miss the point: there's no inherent ownership of anything. After all, the natural state of material goods is that if I'm bigger/better armed than you, I get it. We as a society accept the convention of ownership because we believe that it makes life better for everyone. There is absolutely no difference in principle between intellectual property and physical property. Both are societal norms, and one is simply deeper entrenched in our collective psyche.

    Lobbying for changing laws is certainly a valid method and there are certainly a number of groups trying to do that in favour of more sane IP laws. But it isn't the only valid method. There is no faster way to instigate change than to force the issue by large scale violation of a law. It may be risky in that it (a) leaves people open to prosecution, and (b) may drive those with a "there's no excuse for violating the law" attitude towards the other side, particularly those who make the laws. But it forces the issues into the open and if the lawmakers are reasonable, they will look at both sides and find a compromise.

    I understand your point, but I've always found that a rather weak argument. You are effectively saying that whenever a large enough minority want to ignore a law, that law should be removed. That might be a valid last resort in the most severe cases -- something where a genuine revolution and installing a fundamentally different government really is in the best interests of the people -- but I hardly think a bit of incest amongst corporate lawyers and government cronies qualifies for that level of response.

    I think you missed the biggest risk, and sadly something that is already becoming apparent: by effectively condoning this sort of abuse of the law in a relatively harmless case, society is raising a whole generation who have no respect for the law and the legal rights of others. This is sadly apparent in the UK as well, in this and other areas: teachers basically aren't allowed to touch kids in their class no matter how bad their behaviour, yet a wrongful accusation of physical abuse by a child can end an excellent teacher's career almost overnight. When you remove the discipline that keeps immature children in line, piecemeal or en masse, the abuse levels rise. There's so much of this going on now that it's one of the most scary things in today's society as far as I'm concerned.

    So, in answer to your main comment:

    You say that the laws are reasonable, implying (b) is an inappropriate response. Many would disagree. IP laws don't exist as inherent rights, they exist as a balance and they have tilted too far one way and are being used in ways never intended.

    I would point out that while many would indeed disagree -- though I'd wager that most of those people are criminalised by the existing law -- the last real stats I saw (IIRC they were linked from the last /. discussion on this subject if you want to try and find them) had the general population of the US agreeing

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:Why modifying the law probably doesn't help by miskatonic+alumnus · · Score: 1

      by effectively condoning this sort of abuse of the law in a relatively harmless case, society is raising a whole generation who have no respect for the law

      I propose that this has been going on for a loooong time. I lost any respect for the law about two decades ago. Why should I have anything but contempt for the law when:

      1) The government mandates that I, a grown adult, must wear a seatbelt when I am in a car.

      2) The government can seize my home and car, under mere suspicion of being used to transport and hold illegal narcotics, and sell them off when I cannot prove beyond a reasonable doubt that the property is innocent.

      3) I can be charged for murder or assault with a deadly weapon when a burglar or killer breaks into my home seeking to relieve me of my property or my life, and I defend myself with a gun.

      4) I can be released from prison after a few years for killing someone, as opposed to being released after a few decades for selling LSD to an undercover cop.

      There are so many many more reasons for me to respect and obey the law. I say, FUCK the law! It is written by the rich, to protect the rich --- and that does not include me.

  78. Software firm? by HiThere · · Score: 2, Interesting

    I resent the characterisation of the BSA as a software firm, it's a (probably) legal extortion operation. The only thing that makes it's tactics legal is that they, being representatives of large corporation(S?) are able to get the local police (and courts?) to go along with their demands for breaking and entering. (I'd suggest suing the local police for malfeasance but, 1, it's not a good idea for a business to get on the wrong side of the police, and 2, I think only a DA can bring charges of malfeasance [or even misfeasance, but this would clearly be malfeasance].)

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  79. Define ISP please by The+Master+Control+P · · Score: 2, Insightful

    I've got my little home server that provides wired ethernet access to three others in our house. Am I an ISP? After all, I do provide internet service to those computers.

    Now suppose I were to run cat5 to my neighbors (some of whom have DSL too), and specify their IPs as alternate routing addresses to my own gateway. Using IP6, we all give ourselves internal static addresses and have servers that act as external gateways. Are we all now ISP's? Suppose our little private network continues to expand, with people on the periphery plugging in and adding new external links, more bandwidth, etc. Eventually, we end up with an actual mesh network like the internet was meant to be!

    (Also suppose, out of curiosity, that no unneeded ports are opened, that all known RIAA/MPAA/BSA IPs are blacklisted, and that the servers don't keep logs of any kind. If they want info, they can't get here and there's nothing to get ANYWAY)

  80. Copyright is deprecated by UnknownSoldier · · Score: 1

    > Instead, they just rant about it here,

    Silly me, I forgot its easier to shoot the messenger then to listen to the message...

    Look, there is more at stake then just simply "leeching."

    Copyright is an barbiac holdover from the 18th Century. That fact that more and more people "pirate" information in a digital form (video, sound, apps, etc) shows that they reject this notion of "informational ownership." The progress of civiliation is based on free exchange of ideas. There is more to life then just money.

    Maybe you aren't aware that Copyright was invented by the PUBLISHERS, to control access of information. (Namely to keep OTHER publishers from ripping them off.) What the 20th century taught us, is that all information can be reduced to mathematics; viz a viz Physical Reality can be simulated and stored digitally. i.e. Audio can be represented as Light, which is stored digitally on a CD / DVD. What "a" series of numbers represents is open to interpretation. Whether it is the latest pop song, or not, is irrelevent. To legislate that a certain large integer can not be exchanged is ridiculous.

    The idea of "Intellectual Property Rights" is about as absurd as someone claiming that they "own" the right to the use of "2." What about mathematical formulas? Can Drug formulas be owned? (The "Right to Profit" is red-herring to the REAL issue, namely control, and maximizing profit. If you invent the drug to "cure" Cancer do you have the "Right to Profit" from it?? What about OTHERS Right to Live?? I have friends in exactly this dilema. The "Food and Drug Admistration" is a great example of profitting on people's sickness. You think this is OK?!) Once someone starts the slippery slope of "ownership" of ideas, the border keeps getting pushed. Where does it end? THAT is what most people are afraid of. If you indepently think of a "orginal" idea (that others have thought of too), who the hell has the right to tell you that you are violating someone's "patent" for implementing it? Do you really want to live in a world where almost every idea you think is violating someone else's right to limit that information?

    Does that mean that ALL information should be freely shared?

    Obviously, NO. Your Credit Card # is not copyrighted, yet MOST people respect that "that info" should not be shared. Whether the number is copyrighted or not is completely irrelevent, as the people following the [legal] Law didn't need the [legal] Law to do "The Right Thing", and those who don't follow the [legal] law, well, it doesn't matter if the [legal] law says they can't use it. Trying to legislate morality is always a bad idea. That worked REALLY well for "Prohibition", and the "Drug War" right?

    The solution is education.

    The Golden Rule is "Treat others how you want to be treated" modified in case to be:
    "Treat other's information the same way you want your information to be treated."

    I'm a software developer. Does it matter that people pirate my software? The answer is irrelevent for 2 reasons:
    - It is more important that people exchange information, then to worry about every little penny. Love is more important then Greed. If you want to base your life on greed, you'll find yourself being taught the ultimate lesson in it: When you die, you can't take ANY of it with you. GET OVER IT. Is your life really that petty that you need to focus on the symptom instead of the cause?
    - The Law of Karma dictates that all people get what they deserve. This is Divine Justice.

    Modern Copyright didn't exist until recently. Humans and Civilization survived just fine for millions of years WITHOUT it. So yes, trashdot is a good place to discuss the irrationallity of Copyright, Patents, and Trademarks.

    To "hand wave" the discussion as just "rants" shows your ignorance.

  81. Re:To /., "Sonny Bono" means copyright term extens by macdaddy · · Score: 1

    You know, it's one thing to berate a guy for something he did in the course of his career (one of them). It's an entirely different thing to terrorize him and his family. I forget the specifics of Bono's stalking case but that's always the result (or one of them). There's never a justification for that. I don't care how much he sold out his constituency. Even he didn't deserve that.

  82. I learned the Golden Rule from my parents, too. by shark72 · · Score: 1

    That is: "do unto others as you'd have them do unto you." I would like others to respect my property rights, so I respect those of others.

    --
    Sitting in my day care, the art is decopainted.
    1. Re:I learned the Golden Rule from my parents, too. by slothman32 · · Score: 1

      P.S. CT is in my sig.

      Yes but what if you are pro-GPL? I don't mind if someone "takes" my stuff, well only one program and a couple written things, and turns them into something "better." In fact you can ignore the "copyright" notice on my program. It would be interesting to see someone else's take on it. You can go to my website for my program I made a decade ago. Plus if it is people who lived 75 years ago, do CT rights exist for someone who has not been alive for decades. I don't care what happens to anything of mine, CTish or real, after I die in March of 2078. Or before if I am unlucky. Plus if it is something that uses old technology then it is even more likely I don't mind.
      In any case legally I think people should be able to "take" my stuff if it is old enough. I promise I won't sue or have arrested anyone who uses my CT after 10 years after it was made.
      My site is at httphomerochesterrrcom.pjackso2.
      With the applicable periods and other stuff between words to prevent spam I probably can't even access.

      --
      Why don't you guys have friends or journals?
    2. Re:I learned the Golden Rule from my parents, too. by shark72 · · Score: 1

      "Yes but what if you are pro-GPL?"

      I think the concept of the GPL is great and the people who spend their time developing great stuff and releasing it under the GPL are heroes. So, when I use GPLed software, I respect the wishes of the creator. I don't take code portions and integrate it into non-GPL stuff, or otherwise redistribute it in non-GPL form. That's the Golden Rule in action.

      Many people do use the existence of the GPL or shareware/freeware software as a moral remedy to the file sharing issue. The rationalization is this: "programs A and B are GPLed/freeware/shareware, but program C isn't. So, I'll share program C anyway, becuase the developer should have released it under the GPL." Another rationalization is "If I had intellectual property that was in high demand, I'd allow it to be shared, so others should, too." This is intellectually dishonest and displays a misunderstanding of the concept of copyright: the exclusive right to determine how your work is copied.

      In your case, if I've understood your post correctly, you've released some of your older software into the public domain, or at least made it freeware. That's very cool of you and you are exercising your rights under copyright law to determine how your work is distributed. Other people who create work might feel differently about how their own work is distributed, and -- getting back to the theme here -- the Golden Rule suggests that one respect their rights as well.

      --
      Sitting in my day care, the art is decopainted.
  83. Re:Who else will this law change benefit? STALKERS by Anonymous Coward · · Score: 0

    As an example of how privacy laws can effect the real world this is a good example. Rather over-emphasised for effect:- MURDERED seems a little bit like sensationalism to me but it draws attention to it in the way it should, possibly overdone but the facts are there.

    The way that the current climate in the US and elsewhere is eroding freedoms to "protect" us and ultimatly to control us. (control is often seen as justified by someone in a position of power, and don't forget that they may not feel they are wrong in this - more that those in control may often feel they are in a position of responsibility, and that they would feel they HAD to control to keep the staus quo going no matter if a few get hurt, the thing that matters is that the majority are safe.)

    But an example like this shows how reactionary polices to erode freedom can harm.

    No doubt the people who pushed for this law didn't invisige that a law to help them prosecute those it felt were going against their wishes with regard to file shareing could enable those with bad motives to hurt others - but how many laws have been passed that have had unforseen consequences?

    Privacy can be a double-edged sword to people with control. Too much and it becomes too hard to identify those who are anti-social and a harm to society. Too little, and people who deserve privacy or need to keep secrets (as in the case above where keeping your location a secret as disclosing it would pose a very real danger) are under unwarrented threat.

    This is a thorny issue but the above example shows how the rights of privacy SHOULD NOT be eroded without clear recognition of the effects.

  84. "Loser pays" usually isn't literal by Anonymous+Brave+Guy · · Score: 1
    Loser pays is NOT always a fair system, since how many p2p users/people who were unable to win a case with the RIAA/MPAA/BSA can afford to pay whatever their corporate high-price lawyers cost?

    "Loser pays" isn't normally meant literally. It just means that the court can award costs as part of the judgement. For example, after an obviously harrassing suit brought by a major corp against an individual who successfully defended themselves, the courts might award legal costs to the individual. I'm not aware of any jurisdiction where they're actually obligated to do so, however, and a reasonable amount to be awarded is normally decided by the judge, not the invoices received by MegaCorp, Inc. from its legal team.

    Personally, I suspect the optimum system given a judiciary with integrity is "loser pays" + the ability to award punitive damages in certain cases. I would imagine a frivolous suit brought by the BSA against someone hosting what is obviously OpenOffice on P2P that resulted in a judgement against the BSA of 2,000 costs and 15,000,000 for wasting the court's time and barratry would bring a fairly swift end to obvious abuse of the system for intimidatory purposes...

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    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  85. Re:Who else will this law change benefit? STALKERS by Random832 · · Score: 1

    If you did it to Bush's website, you'd probably end up disappeared to guantanamo or something, though.

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    We've secretly replaced Slashdot with new Folgers Crystals - let's see if it notices.
  86. Re:To /., "Sonny Bono" means copyright term extens by sv0f · · Score: 1

    I disagree. You reap what you sow. Bono's acts were a blow to the collective creativity of US citizens. Lo and behold his family is stalked. Karma is a bitch.

  87. Re:To /., "Sonny Bono" means copyright term extens by macdaddy · · Score: 1
    You reap what you sow

    Well that's certainly a statement. Hopefully you don't run into someone who shares a similar philospophy when you make a mistake. Perhaps you forgot to signal and cut someone off. Maybe, if you're lucky, they'll honk and flip you off instead of running your ass off the road. You would be, after all, reaping what you sowed. Since you're condoning stalking, what would someone have to do for you to condone rape, or murder? You have some serious issues to deal with.

  88. Re:To /., "Sonny Bono" means copyright term extens by Changa_MC · · Score: 1
    You know, I don't like your post. Should I be allowed to hunt you down and kill you?

    Just wondering.

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    Changa hates change.
  89. Re:To /., "Sonny Bono" means copyright term extens by sv0f · · Score: 1

    Hopefully you don't run into someone who shares a similar philospophy when you make a mistake.

    And what is my philosophy? Karma or vigilante justice?

  90. Re:To /., "Sonny Bono" means copyright term extens by sv0f · · Score: 1

    You know, I don't like your post. Should I be allowed to hunt you down and kill you?

    Did my post offend your sensibilities? Is that all?

    Or did it steal from you what what was promised, only to further line the pockets of a vanishingly small number of wealthy individuals and corporations?

    Just wondering.

    Hope this clears things up.