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US To Push Criminalization of IP Violations

Dr.Hair writes " Soon to be ex-Secretary of Commerce Don Evans speaks out on 'piracy' just prior to his last trip to China for negotiations. 'That means criminalizing the laws as opposed to (having) just civil laws...You've got to start putting people in jail.' The article points out that this lust for prosecutions extends from Evans to his successor, the American Chamber of Commerce, and the US Senate. "

714 comments

  1. Right Alongside by Stanistani · · Score: 5, Insightful

    Now we can fill up our jails with even more people who are as dangerous as marijuana smokers...

    1. Re:Right Alongside by gspr · · Score: 5, Insightful

      Yep. At least it'll be easy to distinguish the dangerous people from the harmless "criminals". The harmless ones will be in jail for IP infringement / stealing food / doing weak drugs, while the others will be out killing people.
      Good to know where you have people.

      Either that, or we'll just cut health care to build new prisons!

    2. Re:Right Alongside by MrRuslan · · Score: 5, Funny

      Yea.. Marijuana smokers are so dangerous that everytime my freind gets busted by the cops they take his weed and go smoke it a few blocks away.

    3. Re:Right Alongside by Capt'n+Hector · · Score: 4, Funny

      Pothead: *takes a drag from joint* "Hey kid, what are YOU in for?"

      Pirate: "20 years. The new Britney Spears album."

      --
      Quid festinatio swallonis est aetherfuga inonusti?
      Africus aut Europaeus?
    4. Re:Right Alongside by ePhil_One · · Score: 1
      Pirate: "20 years. The new Britney Spears album."

      Britney Spears has a new album!?!? P2P, here I come!

      --
      You are in a maze of twisted little posts, all alike.
    5. Re:Right Alongside by DarkSarin · · Score: 1

      Yeah, that's what the stupid ones say. The smart pirate says:

      "20 years--$insertALMOSTANYotherartistsname".

      Of course, they got caught, so what the hey.

      --
      "We don't know what we are doing, but we are doing it very carefully,..." Wherry, R.J. Personnel Psychology (1995)
    6. Re:Right Alongside by AceCaseOR · · Score: 1
      Well, in Oregon, it's a little different. The Identity Theves and Meth Cooks/Addicts (which are usually both) go in jail for a few days and then get let right back out again.

      Personally, I think this whole thing will go the way of the last "Hacker Crackdown". There'll be a lot of buzz, a push for new legislation championed by big business (Ma Bell then, **AA/BSA now), and then it'll slowly fade to the background.

      --
      Zagreus sits inside your head, Zagreus lives among the dead, Zagreus sees you in your bed and eats you in your sleep.
    7. Re:Right Alongside by Telastyn · · Score: 2, Insightful

      And to echo some overly paranoid/cynical comments: "Now the MPAA can prevent 'pirates' from voting against their friendly senators, similarly to marijuana convicts who are now unable to vote against the war on drugs."

    8. Re:Right Alongside by Rude+Turnip · · Score: 1

      Hey, the upshot is that now the guys in jail for marijuana will have someone to rape in prison!

    9. Re:Right Alongside by Phisbut · · Score: 3, Insightful
      China has "got to start putting people in jail" to show it is serious about cracking down on widespread counterfeiting and piracy that costs U.S. companies billions of dollars in lost sales every year, a top Bush administration official said.

      And of course, China has a real incentive of making sure U.S. companies don't lose money... I mean... of course, let's all bow down to Dubya, the great leader of Earth.

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
    10. Re:Right Alongside by Feynman · · Score: 5, Informative

      RTFA, which begins, "China has 'got to start putting people in jail.'"

    11. Re:Right Alongside by revscat · · Score: 2, Funny

      Sounds like we better hope that no one patents a strain of marijuana. You'd get the freaking death penalty for violating that.

    12. Re:Right Alongside by stratjakt · · Score: 5, Interesting

      They're pushing hard for "three strikes" laws, and at the federal level.

      This is really bad, because it takes away the one power a judge really has - the power to look at the merits of a case and decide an appropriate sentence.

      But, I read a story of some guy who was charged with disturbing the peace (he cussed out some kid working at a movie theater), and as his "third strike", he's now a lifer. His original two charges were nothing major, a couple assault charges that could probably be chalked up to drunken assholery.

      The bitch of it is, we all have to pay for all these convicts.

      --
      I don't need no instructions to know how to rock!!!!
    13. Re:Right Alongside by Phisbut · · Score: 4, Funny
      Let's not forget:

      Pothead: "Hey guys, what are you in for?"
      Pirate: "20 years. The new Britney album."
      Dad: "25 years. I stargazed with my kid."

      Way to go America!

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
    14. Re:Right Alongside by Anonymous Coward · · Score: 1, Funny

      Aiding and abetting the distribution of any Britney Spears album should have an automatic dealth penalty. That crime's vile enough that it would drive even his pacifistic pot-head cellmate to give him the shiv!

    15. Re:Right Alongside by capnjack41 · · Score: 1

      It might happen: "possession of drugs during the commission of a felony", or whatever they call it. Probably can add a few years to your sentence.

    16. Re:Right Alongside by gstoddart · · Score: 2, Funny
      Pothead: *takes a drag from joint* "Hey kid, what are YOU in for?"

      Pirate: "20 years. The new Britney Spears album."


      Real Convict: "You're both my bitches!"
      --
      Lost at C:>. Found at C.
    17. Re:Right Alongside by DikSeaCup · · Score: 2, Funny
      As I commented in a similar, earlier slashdot article ...

      Anyone who'd pirate a Britney Spears album should be put in jail.

      For bad taste.

    18. Re:Right Alongside by EvilTwinSkippy · · Score: 4, Insightful
      Um, having been beaten up on several occasions by "drunken assholery" I can tell you the contusions, bruised kidneys, and being beaten to unconciousness so said drunk can joyride on your motorcycle still requires and emergency room stay, and still results in damaged property.

      And the funny part is, in neither case was it the chucklehead's first brush with the law.

      You get drunk and assault somebody, it's the same as if you were sober and assaulted somebody. You are still a fucking violent offender.

      --
      "Learning is not compulsory... neither is survival."
      --Dr.W.Edwards Deming
    19. Re:Right Alongside by JDevers · · Score: 4, Informative

      A 3 strike misdemeanor resulting in life? I don't remember ever hearing of disturbing the peace being a felony ANYWHERE in the US nor do I think any state has a three strikes misdemeanor law and definitely not one that results in life in prison.

    20. Re:Right Alongside by gstoddart · · Score: 1
      Sounds like we better hope that no one patents a strain of marijuana. You'd get the freaking death penalty for violating that.


      I think as long as we open up the patenting to the more 'typical' producers of strains of weed it'll all be OK.

      Some night while trying out some new herb, they'll think it'll be hilarious to patent 'snake's whacky blue death weed', and then they'll forget to enforce the patent.

      So many stoners will file patents for their particular version of smoke, and the whole system will collapse under its own weight.

      Now, I need to go find some cookies. :-P

      --
      Lost at C:>. Found at C.
    21. Re:Right Alongside by danheskett · · Score: 1

      I did a little research and couldn't find a case that matches what was described..

      Anyone have any info on the case mentioned? I'd like to find it for a project I am working on...

    22. Re:Right Alongside by Anonymous Coward · · Score: 1, Funny

      Posts on slashdot, gets beat up and posts on slasdot about getting beat up. Nice to see your ok Pointdexter.

    23. Re:Right Alongside by Monkelectric · · Score: 1, Insightful

      Tell that to 100 black guys serving 2 to 5 for possession.

      --

      Religion is a gateway psychosis. -- Dave Foley

    24. Re:Right Alongside by freqres · · Score: 1

      NO!!! Not the Tossed Salad man!!!!

      --
      Rampant Ninja related crimes these days...Whitehouse is not the exception
    25. Re:Right Alongside by Monkelectric · · Score: 1

      And if you rob a bank and listen to MP3s in the getaway car ... :-D

      --

      Religion is a gateway psychosis. -- Dave Foley

    26. Re:Right Alongside by plague3106 · · Score: 1

      Does it matter which country we're talking about when its suggested that we put people in jail for copyright infringement?

    27. Re:Right Alongside by Anonymous Coward · · Score: 0
      How can you defend that guy? He blinded pilots on landing, then when a a heliocopter was searching for the source, he shined his laser (maximum legal without a license) at the heliocopter. They after being caught red handed (or is it green?) he blames his kid.

      I thought he was as stupid as they came until I saw your post.

    28. Re:Right Alongside by scowling · · Score: 1, Insightful

      Yes, he should spend the rest of his life in jail for being a violent repeat offender. Absolutely.

      And it'd be nice if you'd get the fuck out of my Western society, too.

      --
      www.kitchengeek.com -- Nosh for
    29. Re:Right Alongside by MrRuslan · · Score: 1

      those guys probably had alot more than a $20 baggy.

    30. Re:Right Alongside by MrRuslan · · Score: 1

      bahh thats bullshit...I know about 1 out of 5 people here in NYC smoke weed.

    31. Re:Right Alongside by Anonymous Coward · · Score: 0

      Not surprising. New York City has a lot of dumpy looking projects. Says a lot about the people who live there. What you see on the outside reflects what in the interior.

    32. Re:Right Alongside by iminplaya · · Score: 1

      Soon being in jail will mean being on the outside. Since they want to lock up all the non-violent people, being in jail will be safer.

      --
      What?
    33. Re:Right Alongside by sacrilicious · · Score: 1, Interesting
      A 3 strike misdemeanor resulting in life? I don't remember ever hearing of disturbing the peace being a felony ANYWHERE in the US nor do I think any state has a three strikes misdemeanor law and definitely not one that results in life in prison.

      Without disagreeing on your (implied) assertion that it's false: given that meanwhile we're talking about the possibility of people going away for long times for "IP" infractions, I sure wouldn't be surprised by people going to jail for, well, just about anything, cussing included.

      --
      - First they ignore you, then they laugh at you, then ???, then profit.
    34. Re:Right Alongside by sacrilicious · · Score: 1
      Sounds like we better hope that no one patents a strain of marijuana. You'd get the freaking death penalty for violating that.

      If only. No, that'll get you declared an 'enemy combatant', shipped off to where ever without trial, and tortured til you die of old age.

      --
      - First they ignore you, then they laugh at you, then ???, then profit.
    35. Re:Right Alongside by Anonymous Coward · · Score: 0

      +5 insightful? bullshit, this is +5 funny.

    36. Re:Right Alongside by iminplaya · · Score: 3, Funny

      China has "got to start putting people in jail" to...

      expand the Walmart workforce.

      --
      What?
    37. Re:Right Alongside by kaustik · · Score: 1

      I am in complete agreement with you here. Jail is for violent offenders. I find it ironic, though, that you were modded +5 insightful here on slashdot, which is all for throwing spammers in jail....
      Just a thought.

    38. Re:Right Alongside by Ingolfke · · Score: 1

      Now we can fill up CHINESE jails with even more people who are as dangerous as marijuana smokers...

    39. Re:Right Alongside by Anonymous Coward · · Score: 0

      Well, I'm guessing you're one of the most disgusting, most worthy of derision looking people ever then. I see a pasty white, hairy, rather overweight man, with close-set eyes and a mashed-looking nose. You top your aesthetic shitfest all off with some shitty goatee thing and short hair carefully gelled into little spikes, as if these groomings will make you anymore attractive. It merely enforces the sad impression of you, as it represents how pathetic any attempts to make yourself acceptable to the human eye are.

    40. Re:Right Alongside by feloneous+cat · · Score: 1

      Okay, then.... Chinese IP violaters and pot smokers, cheek to jowl in the showers.... Sheesh!

      --
      IANAL, but I've seen actors play them on TV
    41. Re:Right Alongside by The+One+and+Only · · Score: 1

      And of course, China has a real incentive of making sure U.S. companies don't lose money

      They will. The purpose of foreign policy is to give them an incentive. This is how international politics works.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    42. Re:Right Alongside by Mercedes308 · · Score: 1

      "Um, having been beaten up on several occasions by "drunken assholery" I can tell you the contusions, bruised kidneys, and being beaten to unconciousness so said drunk can joyride on your motorcycle still requires and emergency room stay, and still results in damaged property." I find it helps to avoid getting in situations where that can happen in the first place, but when it does happen I found my can of mace does wonders to convince them the evil of their ways.

      --
      And no, I couldn't give a shit what my karma is.
    43. Re:Right Alongside by antiMStroll · · Score: 1

      Only if it's Monsanto.

    44. Re:Right Alongside by MaineCoon · · Score: 1

      Perhaps. There is a tendency when the word 'piracy' is used here for people to think of the small time - the kids burning copies for friends or uploading ISOs to sites.

      Whereas in China, it tends to be organizations making mass copies, labelling them, and selling them to retailers, vendors, and even overseas.

      I went to a mall a couple weeks before Christmas, and there was a kiosk selling those video-game-controller-game-pack things (has an N64-like controller, a light gun, and another controller, with 50 to 100 games). All those games are pirated - it had Mario Brothers, Contra, and other NES games, yet not a SINGLE Nintendo logo on the box... those are pirated games, sold at a profit. It's not much different than if I duplicated someone's software, and sold it on a website with a pre-installed crack or serial number, claiming it as my own.

      In this case, I talked to some of the employees at the kiosk, and they didn't believe it was pirated software, some of their excuses were, "How could it get into the country if it isn't legit? Why would Customs allow pirated software?". In the end, it seemed more like he was trying hard NOT to believe, rather than believing out of innocence, that he was peddling illegal software.

      THESE people, the mass-producers who financially profit off producing pirated products, and lure companies into buying these products (I wonder if the owner of the kiosk was ignorant enough to think it was completely legit) are where the REAL financial damage occurs, and are probably the ones who should go to jail. The financial damage isn't restricted to the original IP owners, it extends to the people like the owner of this kiosk, who could lose all his product and face a lawsuit if Nintendo approached him. His ignorance of the situation won't get him his money back from that loss.

      --
      Hunt your preferred prey at Aliens vs Predator MUD. Join the war at avpmud.com port 4000
    45. Re:Right Alongside by Ingolfke · · Score: 1

      Ignorant dolt. China isn't doing any of this to please the U.S., let alone Dubya. China agreed to put laws in place to protect IP in order to join the WTO. The Secretary is simply saying the laws may not have gone far enough to truly protect the IP, or may not be enforced. He's going to investigate and the findings can be used by the U.S. for future WTO negotiations.

      This is important because the Chinese (and all of the other big IP infringing shops) are basically getting a free ride on all of the American (and non-American) companies R&D expenditures. This translates into lost revenue for those companies, higher costs of recouping thier R&D, and either higher prices for Americans (or other citizens of countries that respect IP) or reduced investment in R&D and reduced innovation.

      This isn't about filesharing or software patents per-se either. This is about a Chinese company taking a U.S. patent on brake pads or some prescription drug, the results of millions of dollars of invetments, and manufacturing it wholesale.

      This is only a story on Slashdot because of the flamebait title of the article.

    46. Re:Right Alongside by wcrowe · · Score: 1, Interesting

      Damn right, he should get the rest of his life in prison. He obviously cannot function in civilized society.

      Frankly, in my opinion, he should just be taken out and shot, like a feral dog.

      --
      Proverbs 21:19
    47. Re:Right Alongside by Anonymous Coward · · Score: 0

      Not everything the Nazis did was wrong, either. But there were these incidents...

    48. Re:Right Alongside by PierceLabs · · Score: 0

      If you get drunk and beat up someone as a first offense and then repeat that action, that's your own fault IMO. You chose to enter a drunken state where you know you've assaulted people for certain so I would say that you can't hide behind "no intent". You knew that the outcome was both possible and real as it happened once before already.

    49. Re:Right Alongside by wcrowe · · Score: 1

      Urban legend.

      --
      Proverbs 21:19
    50. Re:Right Alongside by JDevers · · Score: 2, Informative

      Some very informal searching yielded a California case where a person had PREVIOUSLY plead guilty to "criminal threats" which "amounted to felony disturbing the peace" which later acted as a strike when the person committed another felony.

      http://www.socallawblog.com/archives/001885.html

      Nothing other than that...

    51. Re:Right Alongside by plague3106 · · Score: 1

      Either way, prison seems a bit much.

      I went to a mall a couple weeks before Christmas, and there was a kiosk selling those video-game-controller-game-pack things (has an N64-like controller, a light gun, and another controller, with 50 to 100 games). All those games are pirated - it had Mario Brothers, Contra, and other NES games, yet not a SINGLE Nintendo logo on the box... those are pirated games, sold at a profit. It's not much different than if I duplicated someone's software, and sold it on a website with a pre-installed crack or serial number, claiming it as my own.

      The sell those in the mall here too...no Nintendo logo or anything. I doubt its a pirated product at all..and if it is, how much is Nintendo charging? Oh wait, they aren't even making those games anymore. So where's the loss?

      Making duplicates of something is not the same as removing an object from someone's possesion. This 'I could have made X money if it wasn't pirated' doesn't fly. Are you certain that everyone that pirated the game would have purchased it if they couldn't pirate it? If they bought a pirated version for less then the normal retail, that should tell the company that its price is too high. But no, they want to ignore the part of economics that says buyer AND seller together determine price.

    52. Re:Right Alongside by Fulcrum+of+Evil · · Score: 1

      Yes, he should spend the rest of his life in jail for being a violent repeat offender. Absolutely.

      Yelling at a kid at the movies isn't a violent offense in my book.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    53. Re:Right Alongside by serutan · · Score: 1

      Exactly. Currently more than 1% of American males are in prison -- highest percentage of any nation in the world. Instead of making it legal to do things millions and millions of citizens demonstrate daily that they WANT to do, our lawmakers are doing their best to serve the copyright-holding industry that pays the advertising bills to keep them in office.

      Somehow I don't think that's what Lincoln meant by "government of the people, by the people and for the people." But what do I know, I'm just a citizen, oops I meant "consumer."

    54. Re:Right Alongside by Phillup · · Score: 1

      He isn't defending the guy.

      He is pointing out that the punishment doesn't fit the crime.

      Big difference.

      --

      --Phillip

      Can you say BIRTH TAX
    55. Re:Right Alongside by Alsee · · Score: 4, Informative

      Yeah, to bring China's laws into compliance with our criminal copyright laws. US rarely enforces felony copyright, but several TENS OF MILLIONS of American technically belong in prison right now under the insane N.E.T. act. In particular it redefined US CODE TITLE 17 (Copyright) CHAPTER 5 506. Criminal offenses Criminal Infringement such that "(1) for purposes of commercial advantage or private financial gain" now includes simple P2P use.

      Yep, if you use a P2P program and upload a single file and download a single file, you are now deemed to qualify as a commercial enterprize engaging in industrial scale copyright infringment for financial gain. Criminal Infringement.

      But heay, on the bright side the penaltys for only uploading a single copy of some song the maximum sentence is just a year in prison. You have to hit "at least 10 copies or phonorecords, of 1 or more copyrighted works, which have a total retail value of more than $2,500" before you qualify for 5 years in prison.

      On the other hand you can get 10 years in prison if it is your second offence, say uploading a single copy of the copyrighted song "Happy Birthday".

      Yep, get caught for uploading and downloading a single song, then get caught uploading and downloading a single song a second time, and you are eligible to 10 years in prison.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    56. Re:Right Alongside by MaineCoon · · Score: 1

      The sell those in the mall here too...no Nintendo logo or anything. I doubt its a pirated product at all..and if it is, how much is Nintendo charging? Oh wait, they aren't even making those games anymore. So where's the loss?

      Actually they ARE still selling those games, in classic collections or those little cards for the GBA game reader.

      This was just a common example of commercialized piracy occuring in plain view. What about the piracy of commercial games? Consider the recent story of that new GBA game that the British man had bought his daughter, that turned out to be a pirated version.

      Making duplicates of something is not the same as removing an object from someone's possesion. This 'I could have made X money if it wasn't pirated' doesn't fly. Are you certain that everyone that pirated the game would have purchased it if they couldn't pirate it?

      You ignored my later argument where REAL financial loss occurs, where the ignorant business owners have their stock taken and can face legal battles for selling it, depite ignorance that it was pirated.

      And we're talking about profiteering. If you write a program to sell, and I make a copy and start selling it, taking all the profit for none of the work and not sharing a cent with you, do you consider legal?

      I'm not talking about the teenage pirates who do it for fun and games. I'm talking about the people who make a business out of it.

      If they bought a pirated version for less then the normal retail, that should tell the company that its price is too high. But no, they want to ignore the part of economics that says buyer AND seller together determine price.

      The pirated price would ALWAYS be less than the retail price, because the pirates expense is strictly in cost of manufacturing. They don't have to recover the development costs.

      In the context of video games, the current $50 price point IS a negotiated price. There were plenty of SNES games at the $70-100. However, cost of development has gone way up while price per unit has come down. While volume has gone up, a video game is still often enough a money losing, break even, or, barely profitable, proposition. Without profit, there can't be growth.

      --
      Hunt your preferred prey at Aliens vs Predator MUD. Join the war at avpmud.com port 4000
    57. Re: Right Alongside by gidds · · Score: 1
      Hmm... Right now I'm watching a programme ('Drunk and Dangerous', BBC1) following the police in my town as they sort out the drunken brawls and other public disorder problems directly caused by alcohol.

      And yet weed is dangerous...

      (Disclaimer: I've never even tried any illegal drugs, nor am I advocating their use; but most of the arguments against the legalisation of weed don't seem to make much sense to me.)

      --

      Ceterum censeo subscriptionem esse delendam.

    58. Re:Right Alongside by Anonymous Coward · · Score: 0

      > They're pushing hard for "three strikes" laws, and at the federal level.

      Thankfully it'd only have jurisdiction over federal crimes. Of course they're also steadily trying to make everything a federal crime. Hell, California, the birthplace of three strikes, is actually getting pretty sick of it (apparently not sick enough for the valley conservatives to overturn it though)

    59. Re:Right Alongside by HiThere · · Score: 1

      You may have to pay for them, but someone doesn't. They're rented out as cheap slave labor. And hired by corporations.

      Made in USA doesn't necessarily mean it wasn't made by slave labor. And it doesn't necessarily mean that the manufacturer paid a fair wage. There's LOTS of incentive to have well educated people thrown in the slammer.

      P.S.: I'm not sure this applies at the federal level. And I'm not sure it applies in your state. I'm sure it applies in California.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    60. Re:Right Alongside by Anonymous Coward · · Score: 0

      They're pushing hard for "three strikes" laws, and at the federal level.

      And that is why the judicial system should ignore these so-called sentancing guidelines.

      They're not constitutional anyway. The judiciary are not supposed to allow congress or the president to completely control how the court system is run.

    61. Re:Right Alongside by CDMA_Demo · · Score: 1

      Dude, marijuana smokers don't always get jail. What you said is an overstatement.

    62. Re:Right Alongside by Anonymous Coward · · Score: 0

      I remember that Britain used to have laws where you could jail someone for debt---a civil matter.

      I also remember some British colonies starting their own country in an attempt to have a *better* system.

    63. Re:Right Alongside by ninewands · · Score: 4, Informative

      Texas has a three-strikes misdemeanor law under which a third-offense Class B misdemeanor can be "enhanced" to a Class A. Similarly, a third-offense Class A misdemeanor can be enhanced to a third degree felony (2-10 years), so theoretical, a fifth-offense Class A felony could get you a life sentance.

      Now, Class A misdemeanors are, as a general rule, fairly serious offenses, seeing as how they are punishable by up to a year in jail and/or a fine of up to $4,000. Texas's Class A misdemeanors include Aggravated Assault, Negligent Homicide, and such friendly acts as Unlawful Restraint (a 'minor' form of kidnapping) and various theft/fraud offenses involving property having $500-$1500 in value.

      If someone is facing trial for a fifth offense for crimes of this nature maybe they SHOULD face a life sentence. Speaking in the abstract I really can't say.

    64. Re:Right Alongside by drsmithy · · Score: 1
      Perhaps. There is a tendency when the word 'piracy' is used here for people to think of the small time - the kids burning copies for friends or uploading ISOs to sites.

      Unfortunately, there's also a tendency from the powers-that-be to want to use laws and punsihments meant for large scale commercial copyright infringement on those "small time" kids.

    65. Re:Right Alongside by Anonymous Coward · · Score: 0

      Actually they just figured China already has an incentive to put people in jail (they certainly do it often enough); the copyright stuff just gives them one more excuse.

    66. Re:Right Alongside by Anonymous Coward · · Score: 0
      they have stars in airplane cockpits and helicopters? You are a true dumbass sir. Please return to the 3rd world hellhole of your origin.

      The guy was at home, the plane went over his home. The story doesn't say whether he intended to blind the pilot or if he was stargazing and starpointing with this gadget.

      Not RTFA and trolling anonymously... who's the true dumbass?

      P.S. For those of you who can't make a difference, this is not trolling because the post is based on facts.

    67. Re:Right Alongside by Phisbut · · Score: 1
      How can you defend that guy? He blinded pilots on landing,

      I'm not defending a guy that blinds pilots on landing. That's not what the article I mentioned is about. The guy "shined" a jet what was going over his house. The article even mentions he was pointing stars. There are gadgets that let you do starpointing. But then, if a jet happens to cross the line between you and the star you're currently pointing, all of a sudden you're a terrorist.

      Check your sources before you go trolling anonymously.

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
    68. Re:Right Alongside by Spy+der+Mann · · Score: 1

      Now the MPAA can prevent 'pirates' from voting against their friendly senators...

      who cares? With encrypted P2P, piracy will survive underground.

    69. Re:Right Alongside by Anonymous Coward · · Score: 0

      well,.. just keep on sticking with "outside" ...you'll surely help to make US a "better" place everyday.

    70. Re:Right Alongside by Anonymous Coward · · Score: 0

      Oh good. But you see, in this world together with /. yields the following:

      a) Example of how stupid such laws noted in article are: You likely violated your local obscenity laws with your third-to-last word. First strike for you. You're clearly on your way to a life of crime.

      b) People don't seem to realize that some domestic violence cases come up not because of said actual violence, but because of potential divorce and legal proceedings that such a claim allows.

      c) Clearly, since you have been beaten up several times, you've put yourself in harm's way. No, you don't deserve getting beat up, but it lacks common sense if you are near or frequenting bars.

      d) Similarly, while the law can protect you, you are a wimp and no one cares. Doesn't matter if the woman who kicked your wump was a 275 pound body builder.

      e) If it wasn't a woman, you were being sexist. Or was it me being sexist in assuming that you were referring to a male?

      f) Violent offender, in the US, includes the circa 1984 Bail Reform Act, which you probably don't know about. That law made prom night one of the most violent nights of the year, because statuatory rape was considered a violent offense.

      g) Repeat offenders include computer hackers. If I recall, Bernie S. violated his parole for having unassembled electrical components in his jaw. He got sent to a maximum security prison, where a nice person decided to break his jaw.

      h) My favorite is the repeat offender--wrongly accused, he was convicted. Somewhat similar a la The Shawshank Redemption, this real life case broke out of prison 3 times to consummate with out-of-jail wife jail chaser (2x) and to see a dying relative if I recall. He was wrongly accused, and proof to that effect made its way through and he would have been released. Oops, but being in jail and breaking out of jail, even if wrongly accused, is an offense. 3 strikes. Lifer. Although he might have been pardoned.

      You don't fix a system by making it mathematically convenient to jail people. You fix a system by building a better system that looks at the merits of the case. That's the point of a judicial system--to uphold justice. Not to enforce an Ayn Rand(sp) society.

    71. Re:Right Alongside by agraupe · · Score: 1

      You paranoid fucksticks... I think laser painting should be punished severely. As a pilot, it scares me that some asshat, whether with terrorist intent or just for fun, might blind me during approach, or anyone else for that matter. Many airports are near built-up areas, meaning a crash could create many civilian fatalities (like 9-11) not to mention everyone on board the airplane. Why on earth shouldn't this laser-painting fuckwit be put in jail? I mean, he had a *commercial* laser...

    72. Re:Right Alongside by Telastyn · · Score: 1

      Who cares that a for-profit company can indirectly determine who and who cannot *vote*? Who cares?!?

      Methinks that you have a terminal illness, or a fairly inactive immagination...

    73. Re:Right Alongside by agraupe · · Score: 1

      Then maybe the guy shouldn't have been using a laser in such situations. The truth is that a blinded pilot constitutes a significant danger to the public. I mean, in Israel, suicide bombers kill maybe 20 people in an attack. A "laser painter" could kill 200-1000. Intent or not, it should be punished, and the activity should be stopped.

    74. Re:Right Alongside by jevan · · Score: 1
      Um, having been beaten up on several occasions by "drunken assholery"


      on several occasions?? I somehow think you must be doing something wrong... or at least hanging out at the wrong places.
    75. Re:Right Alongside by Dr.Hair · · Score: 1

      Flamebait?

      The laws that China has put in to place are civil laws much like the US has. To protect your IP in the US, you find the violator and then take them to court. Think of the RIAA handing out subpoenas.

      This action wants to shift the fundamental responsibility of "protecting" government-granted time-limited monopolies from the IP owner to the district attorneys or Chinese procuratorate office. I don't think this fundamental shift in legal responsiblity is flamebait at all, but should be a discussion about what role our government vis a vis our corporations should have in protecting corporate profit margins.

    76. Re:Right Alongside by Anonymous Coward · · Score: 0

      Nice strawman. He was criticizing being put in jail. He was criticizing being put in jail for 25 years for an offense that caused no actual injury to anyone. It is sort of like the drug laws which put people in jail longer than people commit violent crimes simply because of the possession of a certain amount of a verboten substance. It's all bullshit, and deep down you know it. That's why you use a strawman to defend it.

    77. Re:Right Alongside by Impy+the+Impiuos+Imp · · Score: 1

      Well played, Anonymous Coward!

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    78. Re:Right Alongside by shark72 · · Score: 1

      "Yep, if you use a P2P program and upload a single file and download a single file, you are now deemed to qualify as a commercial enterprize engaging in industrial scale copyright infringment for financial gain. Criminal Infringement."

      Your statement is technically correct but omits some facts. As a result, some people may be misled by your statement.

      In order for the scenario you describe to occur, that file would have to be copied enough times as a result of your sharing it so that the value of the infringement reached $1,000. If the rightsholder convinced the government that the value of the song was a buck, that'd be a thousand downloads.

      I think the implicit point you were trying to make is that it's quite easy to put just one song in your share directory with the result being that it gets onto the hard drives of a thousand other people. This is why P2P is so popular, and why so many rightsholders are against it -- it's very efficient at what it does. On the other hand, I think that most people who use P2P are aware of this fundamental nature of the technology. If somebody knows that ripping a CD and putting it into their share directory might cause a thousand copies of that CD to be available within 24 hours, and they do not want to be subject to criminal charges for distributing $1,000 worth of pirated material, then the safest thing they can do is practice some personal responsibility and not make the deliberate choice to rip the CD and put it into their share directory.

      --
      Sitting in my day care, the art is decopainted.
    79. Re:Right Alongside by Reziac · · Score: 1

      Which made me wonder ... *could* one patent a strain of a plant that is illegal to cultivate in the U.S. ??

      There's a legal parallel there somewhere...

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    80. Re:Right Alongside by SenatorOrrinHatch · · Score: 0

      Negligent homicide? Like when the president's wife (Laura Bush) ran over and killed her ex-boyfriend after running a stop sign?

      True story you'll never find in the "biased liberal media!" Feel free to look it up on Google. I wonder what they'd say if Hilary had murdered someone through carelessness and got off without so much as a moving violation?
      But if any of my friends ever get caught with 5 grams of weed then they have to work at Burger King for the rest of their lives. God Bless the USA!

      --
      The Christian in me says it's wrong, but the corrections officer in me says, 'I love to make a grown man piss himself.'
    81. Re:Right Alongside by Phisbut · · Score: 1
      Then maybe the guy shouldn't have been using a laser in such situations. The truth is that a blinded pilot constitutes a significant danger to the public.

      If using a laser pointer to do as it was advertized when you bought it ("You can point at stars in the sky") is considered a "significant danger to the public", then maybe you should consider your whole firearm policy. After all, doing what you are supposed to do with a gun ("You can shoot people with this") is also a significant danger to the public, isn't it?

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
    82. Re:Right Alongside by danheskett · · Score: 1

      That's an interesting case. "Crimain threats" amounting to "felony disturbing the peace" is a bit of an interesting comparison though. "Criminal threatening" is generally a pretty serious crime: calling people/stalking people and making sick/murderous threats, "mob" style cornering in an ally, that type of thing. Interesting...

    83. Re:Right Alongside by JDevers · · Score: 1

      And in this case, the offender made a plea DOWN to "criminal threats", so I would say that it is definitely worthy of a "strike." This is far from getting in an argument at a movie theater like the original poster presented...

    84. Re:Right Alongside by EvilTwinSkippy · · Score: 1

      I can produce the police report if you like. Damn, never thought a first hand experience would by "Urban Legend." I guess me, myself, and I counts as a FOAF.

      --
      "Learning is not compulsory... neither is survival."
      --Dr.W.Edwards Deming
    85. Re:Right Alongside by plague3106 · · Score: 1

      Actually they ARE still selling those games, in classic collections or those little cards for the GBA game reader.

      This was just a common example of commercialized piracy occuring in plain view. What about the piracy of commercial games? Consider the recent story of that new GBA game that the British man had bought his daughter, that turned out to be a pirated version.


      Well, that'd be news to me. (Playing classic nes games on GBA). I have to admit i don't follow console games much anymore. So what was the problem with the british man buying a pirated game? She still could enjoy it right?

      You ignored my later argument where REAL financial loss occurs, where the ignorant business owners have their stock taken and can face legal battles for selling it, depite ignorance that it was pirated.

      Its the business' responsibilty to make sure they are complying with the law. I don't feel bad if they were ignorant they were selling something pirated...its THIER responsibilty to check that before they start selling. Are you going to cry for someone that starts selling crack and then claim he didn't know it was illegal?

      And we're talking about profiteering. If you write a program to sell, and I make a copy and start selling it, taking all the profit for none of the work and not sharing a cent with you, do you consider legal?

      Isn't that what people can do with GPLed software already?

      I'm not talking about the teenage pirates who do it for fun and games. I'm talking about the people who make a business out of it.

      So what?

      The pirated price would ALWAYS be less than the retail price, because the pirates expense is strictly in cost of manufacturing. They don't have to recover the development costs.

      True, its probably time for a different economic model then. If I built a machine a la a Star Trek replicator, should it be a crime to clone someone else's BMW (provided i give it the raw material to build the clone with)? Why should it be? At the point we do have that technology, I'd say its time to rethink our economics, I don't think that outlawing such a machine or only letting the rich use it to lower production costs is a good idea. Humanity would be better off if everyone could benefit from it. We just have to find something other then greed to motivate people.

      In the context of video games, the current $50 price point IS a negotiated price.

      No, its not. Its the price the manufacture set, which may or may not be the price people are willing to pay.

      There were plenty of SNES games at the $70-100.

      Are you smoking crack or something? All SNSE games were about $50. And indicently stayed there until the gov't said that Nitendo couldn't set prices like that. But i've NEVER seen a SNES game going for anything more then $50.

      However, cost of development has gone way up while price per unit has come down. While volume has gone up, a video game is still often enough a money losing, break even, or, barely profitable, proposition. Without profit, there can't be growth.

      You're just making things up. Popular games make TONS of money, unpopular ones don't. Piracy doesn't matter here; people that will only take the game for free wouldn't buy it anyway, if pirating was not an option. So where is the money lost?

    86. Re:Right Alongside by Feynman · · Score: 1

      plague3106: Making duplicates of something is not the same as removing an object from someone's possesion. This 'I could have made X money if it wasn't pirated' doesn't fly. Are you certain that everyone that pirated the game would have purchased it if they couldn't pirate it?

      MaineCoon: [W]e're talking about profiteering. If you write a program to sell, and I make a copy and start selling it, taking all the profit for none of the work and not sharing a cent with you, do you consider legal?

      plague3106: Isn't that what people can do with GPLed software already?

      As far as I'm concerned this "it doesn't count as theft if it's not physical property" argument doesn't fly. What makes products distributed as digital data (as software or music files) different from any other? Why should the author of a product easily reproduced receive reduced protection? As MaineCoon implies, profiting from the wholesale copying and selling of someone else's product is simply unethical.

      At least someone who wants to sell rip-offs of a physical good has to invest (however minimally) in some engineering and manufacturing capital.

      Further, the example given is not what is done with GPLed software. Anyone who releases software under the GPL has given up some of the rights afforded by copyright law. If I have reserved all rights to my software, you cannot treat it as you would had I released it under the GPL.

    87. Re:Right Alongside by MaineCoon · · Score: 1

      Well, that'd be news to me. (Playing classic nes games on GBA). I have to admit i don't follow console games much anymore. So what was the problem with the british man buying a pirated game? She still could enjoy it right?

      Except it was a whole news story, even posted here, because "Shark Tale" had the word "Fuck" in its intro text, turns out because it was the text inserted by the pirates. Everyone blamed Disney for it...

      Are you smoking crack or something? All SNSE games were about $50. And indicently stayed there until the gov't said that Nitendo couldn't set prices like that. But i've NEVER seen a SNES game going for anything more then $50.

      There were several quite well known games that were over $50. Chronotrigger, if I recall, was one, which ran $70-100. The Mario RPG ran something ilke $65 at first, I think. There were others as well.

      Granted, before this, a decade earlier, games were only $15-30. However, they could be made by 3 people in 4 months.

      You're just making things up. Popular games make TONS of money, unpopular ones don't. Piracy doesn't matter here; people that will only take the game for free wouldn't buy it anyway, if pirating was not an option. So where is the money lost?

      You're twisting what I'm saying. I said a video game is still OFTEN a money losing or barely profitable proposition. Yes, the popular ones make lots of money. The popular ones aren't a majority proportion of all the games published.

      --
      Hunt your preferred prey at Aliens vs Predator MUD. Join the war at avpmud.com port 4000
    88. Re:Right Alongside by plague3106 · · Score: 1

      As far as I'm concerned this "it doesn't count as theft if it's not physical property" argument doesn't fly

      As far as Im concerned it does.

      What makes products distributed as digital data (as software or music files) different from any other?

      1. They aren't 'products.' They are information.
      2. They can be infinitly reproduced with no cost. Our entire system of economics revolves around scarcity. Something that can be made an infinite number of times isn't scarce, is it? Something not scarce has no monetary value.

      At least someone who wants to sell rip-offs of a physical good has to invest (however minimally) in some engineering and manufacturing capital.

      So that's more acceptable in your mind, b/c they have to pay too?

      Further, the example given is not what is done with GPLed software. Anyone who releases software under the GPL has given up some of the rights afforded by copyright law. If I have reserved all rights to my software, you cannot treat it as you would had I released it under the GPL.

      The GP didn't say what license I had chosen for my software. I can write something, GPL it and try to sell it. Someone could buy it and then sell it for less.

    89. Re:Right Alongside by plague3106 · · Score: 1

      Except it was a whole news story, even posted here, because "Shark Tale" had the word "Fuck" in its intro text, turns out because it was the text inserted by the pirates. Everyone blamed Disney for it...

      I said I don't keep up with console news. So when I see PSP or GBA in the headline, I skip the blurb. Or do you assume that everyone hear reads every story?

      There were several quite well known games that were over $50. Chronotrigger, if I recall, was one, which ran $70-100. The Mario RPG ran something ilke $65 at first, I think. There were others as well.

      Never heard of those (and yes, I did own the SNES). I also haven't seen any games going for more than $50.

      Granted, before this, a decade earlier, games were only $15-30. However, they could be made by 3 people in 4 months

      I'm pretty sure it took more then 3 people in four months to make a SNES game.

      You're twisting what I'm saying. I said a video game is still OFTEN a money losing or barely profitable proposition. Yes, the popular ones make lots of money. The popular ones aren't a majority proportion of all the games published.

      I'm not sure how I twisted what you said; if the game is losing money or barely profitable, its tha way b/c it sucks or no one knows about it. Either way I don't see how someone playing the game that would NOT buy it if that's the only way he could play it would affect that (and make the game slightly more profitable).

    90. Re:Right Alongside by Feynman · · Score: 1

      As far as Im concerned it does.

      Therein lies a major problem in this debate. The two sides are coming to it with fundamentally different assumptions and persisting in "I know you are, but what am I" arguments.

      1. [Software and music files] aren't 'products.' They are information.

      Bunk. A digital music file stored on physical media is "information" in the sense that it is a representation of a performance past. Yet an MP3 of an symphony orchestra performing an original composition is no more "information" than is fine piece of furniture simply because it can be distributed digitally. Both are fruits of an artisan's labor.

      2. They can be infinitly reproduced with no cost. Our entire system of economics revolves around scarcity. Something that can be made an infinite number of times isn't scarce, is it? Something not scarce has no monetary value.

      I agree that this is economic reality, yes. The ease with which digital music files can be reproduced is the reason that they are not scare, the reason they can be obtained at no cost. It is not justification for doing so.

      Are you advocating an economy in which the only way to make money would be by performing manual labor or selling a physical good?

      So that's more acceptable in your mind, b/c they have to pay too?

      Absolutely not. I was pointing out that someone who profits by co-opting a digital work has done even less to deserve that profit.

    91. Re:Right Alongside by wcrowe · · Score: 1

      I have to apologize for that. That post of mine was intended as a response for the parent of your message. I don't know how I did that. I believe your story 100%. I'm also in agreement with you about the need for such assholes to be punished.

      Your parent said:
      But, I read a story of some guy who was charged with disturbing the peace (he cussed out some kid working at a movie theater), and as his "third strike", he's now a lifer. His original two charges were nothing major, a couple assault charges that could probably be chalked up to drunken assholery.

      It is THAT cock-and-bull story which I call an urban legend.

      Sorry for the mix-up.

      --
      Proverbs 21:19
    92. Re:Right Alongside by wcrowe · · Score: 1

      But, I read a story of some guy who was charged with disturbing the peace (he cussed out some kid working at a movie theater), and as his "third strike", he's now a lifer.

      Urban legend.

      --
      Proverbs 21:19
    93. Re:Right Alongside by Alsee · · Score: 1

      In order for the scenario you describe to occur, that file would have to be copied enough times as a result of your sharing it so that the value of the infringement reached $1,000

      False. You only need to hit $1000 to trigger the or (2) clause. It is also criminal if you trigger the (1) clause. And that clause says:
      (1) for purposes of commercial advantage or private financial gain

      And the entire point of my post is that they redefined the phrase "financial gain" to include ordinary P2P use.

      If you follow that "redefined" link and scroll down you will find the revised definition: The term "financial gain" includes receipt, or expectation of receipt, of anything of value, including the receipt of other copyrighted works.

      And the way the law works that includes the knowledge that you will likely be able to download something from some random person on P2P. It does not matter that you would likely be getting that file from a completely different and unconnected person than you uploaded a file to. It does not matter that you could download that stuff even if you never upload anything. Under the law it qualifies.

      So uploading a single file on P2P now counts as being done for "financial gain" and AUTOMATICALLY qualifies it as criminal infringment! Even if you never download anything, the mere "expectation" of being able to do so is enough.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    94. Re:Right Alongside by shark72 · · Score: 1

      Thanks. You're correct about the recent redefinition, although it wasn't redefined to cover P2P per se. The change, as part of the NET Act, is from the Clinton era and was added to deal with the warez BBSes and FTP sites that were trading massive amounts of software without money being changed hands.

      Lest anybody think that the law being changed to make something illegal is a horrible calamity, I should point out that this sort of thing -- new technology requiring new laws -- happens all the time. In 1890, there were no laws regarding automobiles, and perhaps for the twenty years thereafter, a few auto drivers got away with things on the highways because the laws weren't written specifically to address automobiles. But the laws were eventually changed to deal with cars, and now my state's vehicle code is an inch thick! The reason for the NET act is, of course, that before the 1980's, there didn't need to be penalties for distributing thousands of copies of protected works without getting paid in return, because it simply wasn't a feasible scenario. Computer networks changed all that, and as has been the case countless times, the law was changed to accomodate the new technology.

      We'll have to agree to disagree on the reading of 506. I see the argument you're making but that's now how I interpret it; at best I think it's unclearly worded. Either way, as you know, until somebody is actually brought to trial for taking five bucks for one pirated copy of PhotoShop under your interpretation of the section, it's one of those tree-falls-in-the-forest scenarios.

      --
      Sitting in my day care, the art is decopainted.
    95. Re:Right Alongside by Alsee · · Score: 1

      Lest anybody think that the law being changed to make something illegal is a horrible calamity

      No, that is not bad in itself. The problem is that the new copyright laws being passed are literally being written by lawyers employed by the publishing industry. Copyright was a bargain created for the public benefit, and it seems congress has entirely lost sight of that fact. The problem is that publishing industry is being allowed to buy itself some very bad, very broken, very self-serving laws.

      disagree on the reading of 506

      I've seen it from multiple sources. Here's the first one I Googled up:
      C|Net "if someone logs on to a file-trading network and shares even one MP3 file without permission in 'expectation' that others will do the same, full criminal penalties kick in automatically."

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    96. Re:Right Alongside by plague3106 · · Score: 1

      Therein lies a major problem in this debate. The two sides are coming to it with fundamentally different assumptions and persisting in "I know you are, but what am I" arguments.

      Yes, I realize that...which prompted my reply to that statement. I didn't feel it added anything, and that was my way to point that out.

      Bunk. A digital music file stored on physical media is "information" in the sense that it is a representation of a performance past. Yet an MP3 of an symphony orchestra performing an original composition is no more "information" than is fine piece of furniture simply because it can be distributed digitally. Both are fruits of an artisan's labor.

      An artist creates a one of a kind thing. He doesn't create the same thing over and over and over again. If we have a machine that can faithfully replicate the artists work, is it still art, or is it now a product for mass sale? I hope you're not argueing my desk from Kmart is art..

      I agree that this is economic reality, yes. The ease with which digital music files can be reproduced is the reason that they are not scare, the reason they can be obtained at no cost. It is not justification for doing so.

      You seem to be close to understanding my point. The justification for optaining music (for free) is that it is no longer scarce. You can see this in real estate.

      In NYC, a 5000 sq. ft. apartment might be more then 20 acres of land in the middle of New Mexico. The reason is that alot more people are using alot less space..or that space is more scarce in NYC then NM.

      Are you advocating an economy in which the only way to make money would be by performing manual labor or selling a physical good?

      Or performing a service. Take software; alot of companies want software that is really custom to their needs. Nothing wrong with charging for building that software to thier specifications. I'm not advocating the world, just stating that's what our economics dictate.

      Absolutely not. I was pointing out that someone who profits by co-opting a digital work has done even less to deserve that profit.

      Yes, it seemed you were implying the digital 'pirate' was less deserving b/c he did less work then the physical pirate.

  2. yep by t_allardyce · · Score: 1, Funny

    I totally agree - we've got to start putting people like him in jail...

    --
    This comment does not represent the views or opinions of the user.
  3. Sauce for the Goose by overshoot · · Score: 4, Funny

    Well, as long as they're consistent. Looks like maybe Bill Gates will be doing some hard time for the Burst patent violations, right?

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    1. Re:Sauce for the Goose by superpulpsicle · · Score: 1

      Like most laws in the U.S, this is built to punish lower and middle class citizens only.

      Rich folks that are proven guilty will be punished with lobster dinners and prisons with arcades, ps2 and golf courses.

    2. Re:Sauce for the Goose by u-235-sentinel · · Score: 1

      Actually, that didn't happen with Martha. Last I heard she's complaining about the prison food.

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    3. Re:Sauce for the Goose by GtKincaid · · Score: 1

      Maybe Realmedia will do some time for those IPod violations (Yes im aware that pun was awfull)

    4. Re:Sauce for the Goose by jandrese · · Score: 3, Funny

      Martha would complain if the Truffles were overcooked or the Caviar wasn't properly garnished.

      --

      I read the internet for the articles.
    5. Re:Sauce for the Goose by u-235-sentinel · · Score: 1

      LOL!!

      Good one :-)

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    6. Re:Sauce for the Goose by dpilot · · Score: 1

      Martha is the decoy to draw our attention away from the Enron trials. Notice that we haven't heard ANYTHING about Enron since Martha's problems started getting press noise.

      After all, with Martha we're talking the major crime of some $50-100k of ill-gotten gains. Whereas Enron merely destroyed the life savings and retirements of many people. We must keep our sense of perspective, here, and keep the Law on focus against criminals like Martha.

      Incidentally, a few seconds with google news and Enron, and I find that the directors are paying $168e6 or their own cash to settle a lawsuit, and Ken Lay is setting up his own website, including paying to get it onto search engines. No mention of jail time.

      Along that line, losing something like $144e3 got Bill Clinton a 7-year fishing expedition, IIRC costing us something like $80e6. I won't presume guilt, but I hear smoke in the range of many times $1e9 for the current administration, and nothing has gotten significant investigation, nor is it likely to.

      --
      The living have better things to do than to continue hating the dead.
    7. Re:Sauce for the Goose by SilverspurG · · Score: 1

      I like googling for "Enron Executive" and then add any number at the end. For example, "enron executive 5" will turn up the reports that only 5 Enron executives were ever found guilty. Enron executive 186 makes allusions to the number of Representatives who were allegedly bribed. There's an "enron exutive" with 190-something which reports the total number of Enron executives who were served with court summons.

      Martha is definitely the decoy. To think that, with five Enron execs convicted, there are still 180-some rich guys with high-priced lawyers who are probably running a slightly modified (and legal) scam on our investment dollars. And they're just the tip of the iceberg.

      Long live Wall Street.

      --
      fast as fast can be. you'll never catch me.
    8. Re:Sauce for the Goose by Anonymous Coward · · Score: 0

      I like googling for "Enron Executive" and then add any number at the end.
      It works! I tried googling with Enron Executive 42, and I get "Former Enron Corp. chief executive Jeffrey Skilling, taken to court in handcuffs Thursday, was charged with 42 counts of fraud and other crimes..." :-)

  4. Copyright infringment already criminal in the UK by jobsagoodun · · Score: 3, Insightful

    We lead the way in crypto-facism this time!

  5. Why? by Anonymous Coward · · Score: 3, Insightful

    China has "got to start putting people in jail" to show it is serious about cracking down on widespread counterfeiting and piracy that costs U.S. companies billions of dollars in lost sales every year, a top Bush administration official said.

    Why should China want to stifle it's own economy just to please Bush?

    1. Re:Why? by learn+fast · · Score: 1

      It's not just to please Bush, it only seems that way, because it's just to please those whom Bush does everything just to please. Bush is not the cause and this the effect -- both are the joint effects of a common cause.

    2. Re:Why? by Anonymous Coward · · Score: 0

      And China cares about this... why exactly?

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

      What about the transcontinental railroad?

      China doesn't owe anything. Just because the USA honors IP doesn't mean the world has to. Why don't we ban free speech to prevent the possibility of China-bashing?

    4. Re:Why? by Anonymous Coward · · Score: 0
      Why should China want to stifle it's own economy just to please Bush?

      Makes about as much sense as the rest of Bush's logic...

    5. Re:Why? by Anonymous Coward · · Score: 0

      to fight the <bushmode> terrorisht </bushmode>

    6. Re:Why? by Maestro4k · · Score: 1
        • China has "got to start putting people in jail" to show it is serious about cracking down on widespread counterfeiting and piracy that costs U.S. companies billions of dollars in lost sales every year, a top Bush administration official said.

        Why should China want to stifle it's own economy just to please Bush?

      Better yet why should we be telling China to throw more people in jail when we also complain about them throwing people who disagree with them in jail? (I'm talking about political prisoners, wasn't sure how to word that.)
    7. Re:Why? by Anonymous Coward · · Score: 1, Insightful

      (I'm talking about political prisoners, wasn't sure how to word that.)

      detainees?

    8. Re:Why? by Anonymous Coward · · Score: 1, Insightful

      AC, it appears that you have stopped watching Fox News and repeating the mantra "Bush is The Leader Of The Free World" 43 times every hour. You have 1 hour to report to the nearest USA Federal Building for re-education or a warrant will be issued for your arrest!

    9. Re:Why? by babyrat · · Score: 1

      because Bush has the ability to stifle China's economy if they don't do what he says?

    10. Re:Why? by Anonymous Coward · · Score: 0

      China will pass it. Not today, but soon.

      This will only mean one thing though, the continued overtaking of Asia over America.

      The United States did not respect the IP of Europe for over 200 years. The European governments lobbied and lobbied away. Eventually the United States agreed. Only when it was to their benefit though. Then the United States continued from that point on, more or less, to develop into the most powerful nation.

      When China agrees to take up IP agreements with the United States, it will only be when they see an advantage. With many more people, and an average IQ of those people that is likely up to 10 points higher than Americans(108 against 98 with a British standard of 100), the United States is at a disadvantage in the long run.

    11. Re:Why? by Anonymous Coward · · Score: 0

      Sorry, 100 years. 1776 to around 1890 or something.

    12. Re:Why? by Anonymous Coward · · Score: 0

      Good thing I don't watch TV.

    13. Re:Why? by Anonymous Coward · · Score: 0

      2nd AC, it appears you have stopped watching CBS and working to help us forge documents and ruin people's careers to make the President look bad. Please quit posting and get back to work on the Liberal Media.

    14. Re:Why? by Anonymous Coward · · Score: 0

      Hahahaha! Good one!
      Best laugh I've had all day!

    15. Re:Why? by smooth+wombat · · Score: 2, Interesting

      You have that backwards. China could stifle our economy by cutting back on exports. Sure, they'd suffer too but they could always offload more products to other countries to make up for most of it.

      Think about what would happen if China cut imports to our country. Vastly fewer shoes, cooking items, clothes in general, most products at Wal Mart/Kmart/Boscovs/etc, toasters, coffee machines, etc.

      Think of all the people who would suddently be out of a job. And I don't mean just the folks at Wal Mart. Think of the shipping companies, distributors and everyone else involved in the supply chain. Think of stores with mostly empty shelves.

      Next time you go shopping for something take a look at how many products are made in China. It was nearly impossible for me to find a set of measuring spoons which weren't made in China. It was by pure luck that I found a set at a Black and Decker outlet store. Which was kind of funny seeing how many of their products were made in China.

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    16. Re:Why? by DrinkingIllini · · Score: 1

      I don't think the president needs any help looking bad. Every time he opens his mouth he does a fine job of that himself

    17. Re:Why? by Halo1 · · Score: 1

      Not just that, China also owns about 40% of US debt.

      --
      Donate free food here
    18. Re:Why? by smagruder · · Score: 1

      Read: China has the US by the balls. This is, by the way, the most underreported political issue going today. And the Bush regime wants it to stay that way.

      --
      Steve Magruder, Metro Foodist
  6. lovely. by LordNokia · · Score: 3, Funny

    That's just great. Put me in with the rapists, murderers, high level drug dealers... do what you've done to low level potheads for years. Throw me in with the rest. Though I'm not a criminal now, when I come out, I will be. "and I say to myself... what a wonderful world" (I was going to rant about this. I restrained myself)

    --
    Tim says: "please mod me up so my karma won't be terrible. Please?"
    1. Re:lovely. by Stanistani · · Score: 3, Funny

      >"and I say to myself... what a wonderful world" Pirated from Louis Armstrong... You have the right to remain silent...

    2. Re:lovely. by LordNokia · · Score: 0

      That's ok. I'm also already in Slashdot Jail for being redundant...

      --
      Tim says: "please mod me up so my karma won't be terrible. Please?"
    3. Re:lovely. by Anonymous Coward · · Score: 0
      While going to prison for pirating music and movies may be a little extreme, why don't you stop doing it?

      I mean, I'd object if the death penalty was introduced for drunken driving, but that doesn't mean I think drink-driving is a reasonable thing to do.

      Give the producers of the content you use money, so they can carry on making it. Stop providing others with the means to avoid giving those producers their fair due.

    4. Re:lovely. by Anonymous Coward · · Score: 0

      Acutally, the quote is:

      "And I think to myself, what a wonderful world."

  7. hmmmmmmmmmm by mwhahaha · · Score: 5, Funny
    "The bottom line for us is prosecutions, prosecutions, prosecutions," Brilliant said. "That is going to require getting into local provinces and addressing some of the corruption that exists."
    developers, developers, developers?
    1. Re:hmmmmmmmmmm by numbski · · Score: 1

      developers! developers! developers! *huff* Whew! *sweat*

      --

      Karma: Chameleon (mostly due to the fact that you come and go).

    2. Re:hmmmmmmmmmm by dbIII · · Score: 1
      getting into local provinces and addressing some of the corruption that exists.
      With large amounts of lobby money! That should address a lot of corruption.
  8. This IP crap is becoming old... by Anonymous Coward · · Score: 3, Insightful

    I for one agree with the largely European stance of no IP/software patents. I agree with RMS on the values of sharing. Before long, and at this rate, companies will literally own the government. The srtong lobby for software and IP in general serves only to line people's pockets.
    The socialists are right on this one.
    And don't even give me that crap about the poor programmer who is trying to earn a living. I, too, work in IT and have a family to support. In the end, IP serves to hurt the people rather than help them. The only people it helps are the shareholders and lawyers who prosecute and defend.

    1. Re:This IP crap is becoming old... by mspohr · · Score: 4, Insightful
      "Before long, and at this rate, companies will literally own the government."

      I don't know if you've been paying attention, but the companies took over the government some time ago. Both of our USA political parties jump to meet the needs of business. Voters are bought with lies broadcast in the media (and paid for by business).

      You purpose in life here is to work hard (or go into debt) so that you can buy as much stuff as possible.

      Any questions?... get back to work and stop wasting time.

      /Mark

      --
      I don't read your sig. Why are you reading mine?
    2. Re:This IP crap is becoming old... by Anonymous Coward · · Score: 0

      This may be your purpose in life, but it surely is not mine. I take Dave Ramsey's take on money. I spend the least amount possible to get the job done and save the rest. Credit card companies and marketers hate people like me. My only real debts at this point are my mortgage and my school loan, and the school loan is getting paid off, while I can consider my house an investment, particularly where I live.

    3. Re:This IP crap is becoming old... by LurkerXXX · · Score: 1
      I don't think there is anything wrong with IP laws in and of themselves. The American copy right law set down early had it right. They were valid for a limited length of time (enough for the inventor to have a chance to make some profit), then they expired and the work became public domain. It was a good balance. The profit incentive kept folks plugging away at new work, while the public was sure to benefit eventually, even if not within the first few years.

      The problem is that recently the PACs have been getting government officials to extend those limited lengths of time until they have essentially become perpetual. That's the real problem.

      I can't knock someone wanting to profit from their own novel idea, but it should be for a limited length of time, then anyone should be able to use it. Now, setting that length of time fairly is the debatable point. Should the length of protected time a song, movie, book, piece of software, etc, all be the same?

    4. Re:This IP crap is becoming old... by Anonymous Coward · · Score: 0

      America is owned by JEWS, let the purge come!

      Uhh, no I have very rational jew friends. The ones do hinder growth of america though are in the elitist cast, proto-zionist type. They control flows of cash in US, pay for 50% of Israely GDP. Pay for war and terror in Muslim countries.

      Just like communist party members needed to be killed/dismantled into jail, Jews are guilty and need same treatment, except there is no party. Just old boys networks.
      In north america at last you can see that 80% of jobs are gain through people you know. So because systems as such is prevelant here, it will be generally very hard to dismantle Jews, unless! You make it unprofitable and unsafe to live there. Watch them run like rats off the sinking ship.

      Many do go to Russia, now because they can do their dirty deeds with no hindrance.

      SAY NO ZIONISTS!

    5. Re:This IP crap is becoming old... by LarryRiedel · · Score: 1
      companies took over the government some time ago.

      500+ years!

      Larry

    6. Re:This IP crap is becoming old... by Ingolfke · · Score: 1

      The only people it helps are the shareholders and lawyers who prosecute and defend.

      Wrong. The people who also benefit are the people who actually buy the resulting IP. Because, in many cases, they actually want was produced and if there wasn't a pretty good gaurantee that the shareholders would get a return on it, then they woudln't have invested in the R&D in the first place.

      IP laws aren't perfect, but to say we should dump them all because they don't benefit anyone but the rich filthy capatilist uber-rich is ignorant and factually and logically wrong.

    7. Re:This IP crap is becoming old... by myowntrueself · · Score: 1

      Interestingly its a pattern thats familiar from feudal Japan.

      When the warrior aristocracy was being dismantled and their assets evaluated, it turned out that virtually all of them were effectively bankrupt.

      For a long time, they had been forced to maintain an extravagant lifestyle (due to the way that the Shogunate operated) and were in debt up to their eyeballs to the merchant classes.

      When time came to dismantle their estates, they had a net worth in the large negative numbers and the merchants effectively owned them and their estates.

      The same merchants who, under the feudal caste system were regarded as only one step above the 'untouchables' called 'eta' IIRC; handlers of dead bodies and excrement).

      The merchants actually ranked below farmers; they were regarded as total scum by the Samurai.

      Yet it is the descendants of these people who now rule Japan.

      --
      In the free world the media isn't government run; the government is media run.
    8. Re:This IP crap is becoming old... by monkeyfarm · · Score: 1
      Before long, and at this rate, companies will literally own the government.

      Where have you been?
      --
      What I don't know I just fake...
    9. Re:This IP crap is becoming old... by drsmithy · · Score: 1
      I for one agree with the largely European stance of no IP/software patents.

      Which part of Europe is that ? Europe was the place that started those life+90 year copyright terms and considers copyright to be a *fundamental human right* (rather than just a convenient legal construct).

      Difficult as it might be to believe from reading /., the US is still one of the *least* restrictive copyright regimes (in the western world).

    10. Re:This IP crap is becoming old... by Shadowlore · · Score: 1

      The socialists are right on this one.

      No, the socialists are the ones trying to make the "IP" laws more pervasive and draconian. They want government to do their dirty work as well as make it so they don't have to work at all anyway.

      --
      My Suburban burns less gasoline than your Prius.
  9. This is not necessarily bad... by paranode · · Score: 4, Insightful
    I think that people who break IP laws to a great degree probably should be punished to an extent with criminal law. However, there should be a clause that the person did it intentionally and with intent to defraud, because you don't want to be hauling Granny off to jail after the MPAA sues her because her grandkid installed Kazaa or something. Another thing that seriously needs reform is the maximum civil liability for these acts and that jail time be reasonable for the crime (not 15 yrs in federal prison).

    Sadly, as long as politicians are getting big contributions from the entertainment industry, the outlook for this kind of law is not so good because the real motivations are hidden and corrupt.

    1. Re:This is not necessarily bad... by Rev.LoveJoy · · Score: 1
      Personally, I enjoy how nearly all the discussion regarding IP law comes down to campaign finance reform.

      Truth be told, I'm cool with criminalizing IP violation *with intent to defaud* as well -- so long as the rider on that bill criminalizes anyone involved in the sale or purchase of political influence for capitol.

      Cheers,
      -- RLJ

    2. Re:This is not necessarily bad... by Anonymous Coward · · Score: 0

      Fraud is already illegal. Why do you need another law?

    3. Re:This is not necessarily bad... by Anonymous Coward · · Score: 0

      There should be absolutely no criminal component to sharing or copying information. Fraud laws already cover your fraud concern. More laws are certainly not the solution. Having the government do the enforcement for the **AA's is what follows. This is not an outcome any sane person wants.

    4. Re:This is not necessarily bad... by mark-t · · Score: 1

      The problem with leniency in the case where no real harm was intended or even caused is that actually isn't a stipulation of copyright. Copyright infringement is against the law, plain and simple... and I believe that violaters (to the extent that they can be identified with certainty) should be punished. Arguing that a person who didn't mean to cause harm shouldn't be punished is like saying that a person who holds up a bank teller with a fake gun shouldn't go to jail for as long as a person who holds up a bank teller with a real one.

    5. Re:This is not necessarily bad... by Anonymous Coward · · Score: 0

      There are plenty of laws where "knowingly" or "intentionally" doing something is the basis for the punishment. To use the most obvious example, it would be the difference between murder in the first degree and manslaughter.

    6. Re:This is not necessarily bad... by nine-times · · Score: 1
      Except that copyright violation is not holding up a bank teller. It's a civil matter, not a criminal one.

      It's like slander. I could say all sorts of nasty things about you. If you can demonstrate, in court, that the nasty things I've said are baseless lies with intent to do harm to your dealings or reputation, you might be able to sue me for damages. To say we should criminalize copyright violation is like saying, instead of allowing you to sue me for slander, maybe I should just be thrown in jail for saying something nasty about you.

      I almost wish they'd go ahead and do it (if it weren't so horrible on principle). Juries in civil court only need a majority vote, but criminal courts need a unanimous vote. As soon as they start trying to throw 12 year-olds and grandmothers in jail for downloading a few music tracks, [I hope] you'll see some hung juries and jury-nullification.

    7. Re:This is not necessarily bad... by Anonymous Coward · · Score: 0
      To say we should criminalize copyright violation is like saying, instead of allowing you to sue me for slander, maybe I should just be thrown in jail for saying something nasty about you.

      Actually doing this in public can get you hit with disorderly conduct or something of that nature. You can go to jail.

    8. Re:This is not necessarily bad... by anakin876 · · Score: 1

      Why should the person holding up the bank with a fake gun be punished the same as a person holding up a bank with a real gun? As long as the law does not punish the cops who shoot the bank robber I don't see what the problem is. The criminal knew the risk of carrying a pseudo gun into the crime scene, but he was not placing the people in the bank in danger from him in the same way a criminal with a real gun would be. As long as the police are legally allowed to deal with the criminal in the same way, what's the problem? (other than the possibility of the bystanders being harmed)

    9. Re:This is not necessarily bad... by Anonymous Coward · · Score: 0

      I am disturbed by how closely the sentence structure in your post resembles the sentence structure in another post I saw. Therefore, using you solution to the alleged problem of IP re-use without permission, I think you should be put behind bars.

      Bringing the criminal court system into any problem tends not to solve things. CNN's documentry last night on faulty forensic labs (and the criminal court's inability to do anything about it) shines some light on the issue of a system which finds it difficult to itself admit fault.

    10. Re:This is not necessarily bad... by reallocate · · Score: 1

      What you're talking about is not criminalization of IP violations, but the sentences imposed on anyone found guilty of those violations.

      A forum like Slashdot is far too biased to expect any rational discussion of IP issues, since its so-called editors practice old fashioned yellow journalism (e.g., the headline for this story, which conveniently ignores the fact that the news piece it is leeching is talking about criminalizing IP in China). Real editors have a responsibility to understand that, otherwise, the mention of a U.S. official will lead readers to conclude the the U.S., not China, is the country at issue.)

      Contrary to the ill-founded extreme positions typically taken here, it is possible to support copyright and oppose the efforts of the entertainment industry to distort the law. (For me, it boils down to the fact that I own what I make. You have no right to it unless I say so. That means if I want to make music and sell it you on a CD, I can retain the exclusive right to make copies of the music. You own the CD -- a round plastic thing -- but you don't own the music.

      As for sentences, -- if copyright violatios were to be criminalized -- then one-off violations should be subject to minimal sentences or fines, if prosecuted at all. Large-scale operations, e.g. hosting and distributing content on websites, deserve large-sentences.

      --
      -- Slashdot: When Public Access TV Says "No"
    11. Re:This is not necessarily bad... by mark-t · · Score: 1
      Copyright infringement does require that the copying be intentional.

      It does *NOT* require that there be any actual desire to infringe.

      So in the vein of your argument, your suggestion still wouldn't apply because there was absolutely no intent on my part to copy anything of anyone else's in the first place.

    12. Re:This is not necessarily bad... by Anonymous Coward · · Score: 0

      Yes, there was. You belong in prison. With criminals. For your copyright violation.

    13. Re:This is not necessarily bad... by Anonymous Coward · · Score: 0

      Copyright infringement does require that the copying be intentional.

      No, it doesn't. Copying is copying, whether you intended to do so or not.

      As someone else posted, the Harrison/"My Sweet Lord" case shows that there does *not* have to be intent.

    14. Re:This is not necessarily bad... by Anonymous Coward · · Score: 0

      Unfortunately, your lack of due diligence in composing your post to be sure it did not too closely resemble another post is why you are enjoying some time in prison. You, under your own system, are a criminal. The similarity of your thoughts to another are astonishing. Off with your head, pissant! IP VIOLATIONS will not be tolerated.

    15. Re:This is not necessarily bad... by Macadamizer · · Score: 1

      "Except that copyright violation is not holding up a bank teller. It's a civil matter, not a criminal one."

      There are criminal penalties for copyright infringement already, so infringement is both civil and criminal. It's just that it is mainly civil, so people forget about the criminal statutes embedded in the copyright laws.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    16. Re:This is not necessarily bad... by bratboy · · Score: 1

      There was an excellent article in the NY Times magazine on this very topic - and why it's in the Chinese government's best interest not to stop it. Although it's cute (and popular) to whine about Johnny down the street serving 5-10 for downloading an MP3, that's not even remotely what this is about. It's not about taking down the little guy. It's not about bowing down to evil American corporations. It's about the Chinese klepto-industrial complex, which steals EVERYTHING.

    17. Re:This is not necessarily bad... by ScentCone · · Score: 1

      Criminalizing the theft of someone's work should not be tied to any change in campaign finance. Those two things are completely unrelated, and that sort of classic red herring is exactly why nothing ever gets done about it (either, really). Treat each as its own issue. You decide you'd rather steal something than pay for it, you're a criminal. If current IP laws aren't clear enough on that, then they need to be clearer. We're already clear on how much money people can pump into politics... just look at MoveOn.org and others - awash with cash, and everybody knows it, and everybody can see where it's spent. Hell, just the other day they were crowing about how they had "bought and paid for" the Democratic party, and how there were going to use that to change things. All of that's out in the open, but theft of my intellectual life's work is shadowy piracy, and the growing Asian economies are making slaves out of every one of us that they steal from.

      --
      Don't disappoint your bird dog. Go to the range.
    18. Re:This is not necessarily bad... by __int64 · · Score: 1

      No it's different, it is not a direct comparison. In the bank scenario the person carrying the fake gun is still intending to do harm. He is still intending to steal money from the bank, just not willing to bring anyone else into danger but himself.

      Now as for what you said pertaining to copyright infringement and its illegality, yes people who violate copyright break the current set of laws, and therefore are 'criminals' according to the state (But keep in mind, laws don't make things right or wrong, they just make things illegal.) Criminals should be punished fairly, honestly and justly, in respect to the magnitude of the crimes they committed. This is the basis of our legal system. Wouldn't it be wrong to send someone to jail for 20 years for a crime that only requires a small fine? That's like arguing a bit torrent user should go to jail for the same length of time as the person who holds up the back teller with the real gun.

      There are crimes, and there are just punishments. These Are NOT! (Assuming that our society still even morally conceders IP theft a crime, in which case these laws should be stricken.)

    19. Re:This is not necessarily bad... by mark-t · · Score: 1
      Actually, the comparison is valid.

      The person robbing the bank is _intending_ to steal money, which is a crime. Even if he never meant to seriously harm anyone (the banks actually _can_ afford the loss if the guy is only getting away with a couple of thousand, after all).

      Likewise, a person who commits copyright infringement _intentially_ copies a copyrighted work (which, outside of fair use, is a crime unless you have permission to copy from the copyright holder), regardless of intent to cause harm to the copyright holder(s) or publishers.

    20. Re:This is not necessarily bad... by Rev.LoveJoy · · Score: 1
      Hello, thank you for taking things literally. Some one's got to and I'm glad it's not me.

      The implied humor with regards to "riders" on legislation is that is where politicians tend to staple totally unrelated legislation in order to get it to pass. The reason my idea is funny (har har) is because this time the legislation targets the legislature. Yuck yuck.

      HAND,
      -- RLJ

    21. Re:This is not necessarily bad... by ScentCone · · Score: 1

      Well, silly me. So many of the polemic /. postings in that vein are meant literally that I have a hair trigger.

      --
      Don't disappoint your bird dog. Go to the range.
    22. Re:This is not necessarily bad... by UVRay · · Score: 1

      Aren't there better people to hold in jail than a music pirate?...Maybe actual threats to the people. Wasn't the police originally created to keep us, the people safe. Is it just me or is the government has their prioritys out of order. When you start to hold people 10 years in jail for copying the birthday song once after downloading the barney song 2 years ago...
      Is a music pirate going to threaten us by going, "give me all of your music or you will die."
      According to my calculations, this is the jail of the future. The jail of the future:
      200 Music piraters
      100 Ip Violatiors
      20 homicidal killers and "real" threats

      --
      "You can do anything you want, but you have to live with the consequences."
    23. Re:This is not necessarily bad... by shark72 · · Score: 1

      "I think that people who break IP laws to a great degree probably should be punished to an extent with criminal law. However, there should be a clause that the person did it intentionally and with intent to defraud, because you don't want to be hauling Granny off to jail after the MPAA sues her because her grandkid installed Kazaa or something."

      No worries. The article indicated that China is unveiling new laws that raise the possible jail time to seven years for the worst offenders -- the guys who are running the factories that crank out thousands of pirated CDs and DVDs. There was a direct reference to the Chinese companies that are presently getting off with minor civil charges.

      "Another thing that seriously needs reform is the maximum civil liability for these acts and that jail time be reasonable for the crime (not 15 yrs in federal prison)."

      It's being raised to seven years. Not sure where it was before. I'm not sure of the current civil liabilities in China.

      --
      Sitting in my day care, the art is decopainted.
    24. Re:This is not necessarily bad... by Rev.LoveJoy · · Score: 1
      A hair trigger never hurts; sometimes reaction time is critical!

      Cheers,
      -- RLJ

  10. bah by dAzED1 · · Score: 1
    this after a trip to China, eh? Ya don't say...

    If you leave it as civil, then you MIGHT get something out of it from someone in a foreign country. At the very least, you can get it through obscure relations (through related subsidiary under the same parent company, that does business in the US...as an example).

    Move it to criminal, and all you'll do is fill up the jails with people who are of no harm to society - since the only folks you'll get are local ones, and the real crap is happening in China and its neighbors.

  11. Don't for a minute believe they won't do it. by Concern · · Score: 5, Insightful

    For all the people who haven't thought this through yet:

    When they come to lock you up, no one is going to stand up for you. Maybe the EFF will send you a Christmas card in prison.

    The propaganda has worked. No one in the public at large has any notion of the rights and freedoms they are in the process of losing, let alone what they mean.

    Society is 100% ready to accept zero-privacy, expensive, addled DRM solutions. They will have no sympathy for anyone doing a 4-8 stretch for "downloading." With one deft push from Comrade Gonzales, they will all line up to throw tomatoes at "developers of illegal software."

    My advice for you all is to read early accounts of the rise of the Soviet state, and/or especially the transition years in Eastern Europe. Totalitarianism has a very recognizable feel, even in the very beginning, before you can barely feel its grip, you can smell it's breath long before it starts to squeeze.

    --
    Tired of Political Trolls? Opt Out!
    1. Re:Don't for a minute believe they won't do it. by Seraphim1982 · · Score: 0, Flamebait

      "My advice for you all is to read early accounts of the rise of the Soviet state, and/or especially the transition years in Eastern Europe. Totalitarianism has a very recognizable feel, even in the very beginning, before you can barely feel its grip, you can smell it's breath long before it starts to squeeze."

      China doesn't pretend to respect peoples rights to view whatever they want, and outside of North Korea they are probably the closest thing to a soviet state that is left in the world. So other the pointing out the blindingly obvious, what exactly was your point?

    2. Re:Don't for a minute believe they won't do it. by Rev.LoveJoy · · Score: 1
      Say, if you run low I've got a whole new roll of tinfoil. :-)

      Seriously though, do you think this push for punishment stems from a lust to control, or is it more readily explained as the natural progressoin of capitolism's affects on politics when campaign contributions go unchecked?

      Cheers,
      -- RLJ

    3. Re:Don't for a minute believe they won't do it. by Anonymous Coward · · Score: 0

      Now now, let's not scare the slashdotters.

    4. Re:Don't for a minute believe they won't do it. by sylvester · · Score: 1
      Society is 100% ready to accept zero-privacy, expensive, addled DRM solutions. They will have no sympathy for anyone doing a 4-8 stretch for "downloading."
      Maybe your society is, but mine isn't.

      Canada has cut its own path on this issue, with the infamous levies. If what y'all down south are facing is the alternative, it makes me even more happy with the levy (which I'm already in favour of).

      -Rob
    5. Re:Don't for a minute believe they won't do it. by Anonymous Coward · · Score: 2, Interesting

      "This [the U.S. Constitution] is likely to be administered for a course of years and then end in despotism... when the people shall become so corrupted as to need despotic government, being incapable of any other."

      Benjamin Franklin

    6. Re:Don't for a minute believe they won't do it. by happyemoticon · · Score: 1

      Nobody named Gonzales in the Chinese government. He's talking about the United States.

    7. Re:Don't for a minute believe they won't do it. by Anonymous Coward · · Score: 0

      Since when did you have the rights and freedoms to take something you did not pay for? If nobody pays for music and movies, there won't be many movies and music works worth taking. Want proof? Just look at any third world economy where IP laws are lax. Very little talent comes out of those sort of countries.

      Want free music? Then revert your country's laws back to third world standards. Just be prepared for your standard of living to drop accordingly.

      Be careful what you wish for, it just might come true.

    8. Re:Don't for a minute believe they won't do it. by Severious · · Score: 1

      You are just being argumentative, you know perfectly well he was referring the to USA, and to some extent all the modern nations.

      --
      Tinfoil hat? Naa, I long since replaced it with a reinforced titanium alloy.
    9. Re:Don't for a minute believe they won't do it. by node+3 · · Score: 2, Insightful

      He's talking about a new budding totalitarian state, not China or North Korea.

    10. Re:Don't for a minute believe they won't do it. by Concern · · Score: 1

      C) All of the above.

      --
      Tired of Political Trolls? Opt Out!
    11. Re:Don't for a minute believe they won't do it. by node+3 · · Score: 1

      Seriously though, do you think this push for punishment stems from a lust to control, or is it more readily explained as the natural progressoin of capitolism's affects on politics when campaign contributions go unchecked?

      What, specifically, is the different?

      Looks like 6 of one, or half-dozen of the other to me.

    12. Re:Don't for a minute believe they won't do it. by EvilTwinSkippy · · Score: 4, Insightful
      Since when did you have the rights and freedoms to take something you did not pay for? If nobody pays for music and movies, there won't be many movies and music works worth taking. Want proof? Just look at any third world economy where IP laws are lax. Very little talent comes out of those sort of countries. Want free music? Then revert your country's laws back to third world standards. Just be prepared for your standard of living to drop accordingly. Be careful what you wish for, it just might come true.

      Mankind got by for countless milennia before this whole concept of "paying for music" started. Need I remind you that all over the world, there are these people called "musicians" who generally like to play on these things called "instruments" and produce noise called "music."

      Music isn't the issue. What is at issue is the insane idea that you can own music, and that your grandchildren can live off of performances that were recorded before they were even born, long after you are dead.

      Destroy the music industry, and music will survive. Indeed, it would probably do a bit better. Folk Festivals of late have devolved into drunk people covering the Beatles.

      --
      "Learning is not compulsory... neither is survival."
      --Dr.W.Edwards Deming
    13. Re:Don't for a minute believe they won't do it. by Brandybuck · · Score: 1

      No, we're not facing this down south. It turns out that 48% of the populace are so pissed at who the toerh 52% voted for, that they're taking every trivial problem and blowing it up into legal catastrophes of the worst magnitude.

      Just because people are shouting that the sky is falling does not mean that the sky is falling. Nobody is going to be throwing eighty year old grandmothers in jail for downloading Lawrence Welk. Yes, there's some complete nitwits in congress, but there are enough semi-nitwits interested in getting reelected that they will refuse to go along with any scheme to incarcerate their constituency. It's a matter of numbers. There's simply too many people quietly sharing a track or two for this legislation to ever make it out to the finish line.

      That doesn't mean we shouldn't be concerned about this, it just means we shouldn't be irrationally panicked.

      --
      Don't blame me, I didn't vote for either of them!
    14. Re:Don't for a minute believe they won't do it. by TiggertheMad · · Score: 1

      Totalitarianism has a very recognizable feel, even in the very beginning, before you can barely feel its grip, you can smell it's breath long before it starts to squeeze.

      Right, because the rise of Totalitarianism in Eastern Europe didn't have anything to do with the Red Army 'liberating' Eastern Europe at the end of WW2. The Russians really quietly infiltrated and subverted Eastern Europe's governments with repressive IP laws before taking over.

      Wake up and smell the napalm. Totalitarianism isn't subtile. It is based off of brutal, repressive force. Just because you don't like the laws that are being passed governing IP, don't compare them to Soviet Russia. It trivializes the real evils that were perpertrated by the Soviet government, and it makes people think you are some sort of nutjob, rather than listen to your valid comments about the rationality of enforcing IP violations with criminal penalties.

      --

      HA! I just wasted some of your bandwidth with a frivolous sig!
    15. Re:Don't for a minute believe they won't do it. by bcattwoo · · Score: 2, Insightful
      Mankind got by for countless milennia before this whole concept of "paying for music" started....

      Destroy the music industry, and music will survive. Indeed, it would probably do a bit better. Folk Festivals of late have devolved into drunk people covering the Beatles.

      Ah, the old "today's music is crap that's not worth paying for, but I gotta steal it anyways" argument. Way to rationalize.

      There certainly are some musicians out there who play just for the love of music, but the ones who sell their music probably do so with the expectation of getting paid. If you don't want to pay for it, then by all means go find some free music. Taking something that someone else produced with the expectation of payment, no matter how crappy you might think it is, is still stealing.

    16. Re:Don't for a minute believe they won't do it. by That's+Unpossible! · · Score: 2, Insightful

      Mankind got by for countless milennia before this whole concept of "paying for music" started. Need I remind you that all over the world, there are these people called "musicians" who generally like to play on these things called "instruments" and produce noise called "music."

      And how much quality work is available to us from these older times, where the work wasn't paid for by an audience, a king, or a benefactor? Not much. Even Mozart's brilliance was bottled for money. Most artists need to make a living to survive.

      Download that movie for free, and directly or indirectly, you are depriving the hundreds and thousands of crew members and artists that worked to create it and future movies. It's just a fact.

      Music isn't the issue. What is at issue is the insane idea that you can own music, and that your grandchildren can live off of performances that were recorded before they were even born, long after you are dead.

      If that's the issue, then work to change copyright laws. However, you don't have the right to infringe copyrights now, and most of the people on slashdot that do it are not infringing these old works you mention, but the latest coming out of hollywood and the media giants.

      --
      Ironically, the word ironically is often used incorrectly.
    17. Re:Don't for a minute believe they won't do it. by Rev.LoveJoy · · Score: 1
      It was my understanding that the totalitarian regime argument was more of a small group of people (politicians) problem whereas campaign finance reform is more of a 'broken system' problem.

      Cheers,
      -- RLJ

    18. Re:Don't for a minute believe they won't do it. by mattkime · · Score: 1

      It turns out that 48% of the populace are so pissed at who the toerh 52% voted for, that they're taking every trivial problem and blowing it up into legal catastrophes of the worst magnitude.



      Damn! Thats a 10-point "Blame it on the liberals" score!



      Jesus Christ, er holy linus...you say it as though slashdot didn't talk about these things before Bush. Yes, I do know that Clinton passed the DMCA, so the dems have no moral high ground on this.



      Of course, Bush doesn't find his own pet "problems"...but i'll stop there because this thread isn't about tort "reform".

      --
      Know what I like about atheists? I've yet to meet one that believes God is on their side.
    19. Re:Don't for a minute believe they won't do it. by Anonymous Coward · · Score: 0

      Download that movie for free, and directly or indirectly, you are depriving the hundreds and thousands of crew members and artists that worked to create it and future movies. It's just a fact.

      No it's a theory, a theory that has been proven wrong countless times. You fucking idiot.

    20. Re:Don't for a minute believe they won't do it. by Pofy · · Score: 2, Insightful

      >Taking something that someone else produced with
      >the expectation of payment, no matter how crappy
      >you might think it is, is still stealing.

      You are not taking something someone else produced, you are making a new copy that happens to be identical to something else. That is why we need copyright laws and why theft laws does not work out. However, they are still very different. The issue with copyright is NOT if you pay or not, that is irrellevant really (it might affect the penalties though), it does NOT determine if we have copyright infringement though. Geting something without paying for it is NOT copyright infringement either (or theft). If I give a chair to a friend, he got it without paying, neither theft, nor copyright infringement.

      Same with a book or mucis CD, I can give it to a friend and he got it without paying, not theft not copyright infringement. Copyright infringement is about the creation of something new, and when that is not allowed.

      For normal physical things, that does not apply, I can make a fence identical to yours and it is not theft (nor copyright infringement. If I make a new copy of your book you wrote, then it is copyright infringment (but not theft), regardless of any payment. you might even give away copies of it for free and not demand payment, it is STILL copyright infringement if I make a copy of it.

      By your argumentation, giving something away, regardles of if there is copyright infringement or not is theft and should be illegal. If I give away (or sell) my car, the one who made it did not recieve payment but might expect or want to, there is nothing illegal with it though.

    21. Re:Don't for a minute believe they won't do it. by Anonymous Coward · · Score: 0

      Comrade Gonzales? Gonzales is a fascist not a communist. His moral beliefs are more closely alligned with North Korea and the Vietcong than any communist government past or present.

    22. Re:Don't for a minute believe they won't do it. by thomasa · · Score: 2, Insightful

      copyrights just are another form of socialism. Paid for
      and enforced by the government.

    23. Re:Don't for a minute believe they won't do it. by feloneous+cat · · Score: 1

      Just look at any third world economy where IP laws are lax. Very little talent comes out of those sort of countries.

      Well that is total bullshit. Just because you haven't heard of them doesn't mean they don't exist!

      As someone else posted, we have had music far longer than we have had IP laws. The mere fact that such a law exists does NOT spontaneously generate talent!

      As for whether you can own music -- that has nothing to do with music and is purely a legal issue.

      Music and law are about as intertwined as Japanese ghost stories and bicycles. In other words, not at all.

      --
      IANAL, but I've seen actors play them on TV
    24. Re:Don't for a minute believe they won't do it. by Eskimore_ · · Score: 0
      You're so brainwashed by the mega-corporations.

      From a previous slashdot article:

      Music piracy is increasing

      So are CD Sales. AT THE SAME TIME!

      Now the big corporate brainwashers would have you belive that this is impossible, but it's obvious that it's not.

      Quit eating at the trough of corporate propaganda.

    25. Re:Don't for a minute believe they won't do it. by gkuz · · Score: 1
      Most artists need to make a living to survive.

      I'd argue that most do, either at their art, or at something else which allows them to execute their art in their "spare time". Modern IP laws and modern recording contracts exist largely to benefit the record companies and a VERY FEW "artists". I know many musicians, including my daughter, who make a living as musicians without having heard of the RIAA or ever having published a composition or recording. For comparison, I know zero musicians who have recording contracts with an RIAA-member company. I doubt I'm unique in this.

    26. Re:Don't for a minute believe they won't do it. by IthnkImParanoid · · Score: 1

      "Small group of people" isn't very well defined. If politicians allow wealthy industry to dictate legislation without regard for public good the small group of people isn't politicians, but rather the heads of corporations, and the politicians are just puppets with no real power.

      This hasn't quite happened yet, but it is one of the many paths our government can take. Another would be for the politicians and corporate (and even military) leaders to be essentially the same people, hopping from one job to the next as their desires dictate. Or maybe politicians will make a stand and restrict the power of corporations, and the future will be happier and shinier than ever.

      The problem is that corporations are so powerful now with respect to even powerful first world governments. The struggle for power will begin soon, if it hasn't already. We live in interesting times.

      --
      It's nothing but crumpled porno and Ayn Rand.
    27. Re:Don't for a minute believe they won't do it. by sevinkey · · Score: 1

      This is talking about China, which is where the real piracy problems are (well, there and eastern Europe). DRM is one of the responses to this piracy, and is an attempt to cut costs resulting from losts sales due to piracy. Cutting into real piracy reduces the pressure for content companies to implement these DRM system that you're worried about.

      but while we're talking about Soviets, one of the main differences pointed out to myself as a grade school kid between American and the Soviet Union was that we didn't have to show papers to travel here. Ever have the pleasure of losing your wallet in America before?

      Remember, with these systems you still have a choice. Unplug and go home. Go start a local band, there's not much mainstream out there worth paying attention to anyway. The battles over the freedoms you're talking about were lost a long time ago.

    28. Re:Don't for a minute believe they won't do it. by Baki · · Score: 1

      No, you are trivializing the evils that are being perpertrated by enemies of mankind: those that push the concept of IP destroy the most essential element of mankind: culture which is sharing and passing on of knowledge.

      Even worse, for personal benefit the corps and their owners are even prepared not only to destroy culture and civilization, but also to corrupt democracy by bribing and threatening politicians.

      Those that cooperate in this evil work of ever increasing IP concepts and laws are worse than Stalin IMHO, and yes I do know that he is responsible for millions of deaths.

      One thing is sure: sooner or later the world will either end in one big "1984" nightmare, or there shall be a revolution, and those that are perpetrating the current developments shall be punished and be sentenced severely.

    29. Re:Don't for a minute believe they won't do it. by Eccles · · Score: 1

      Download that movie for free, and directly or indirectly, you are depriving the hundreds and thousands of crew members and artists that worked to create it and future movies.

      And here I just borrowed "Van Helsing" and "Matrix Revolutions" from the library. I didn't realize I was being evil!

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    30. Re:Don't for a minute believe they won't do it. by HiThere · · Score: 1

      That's too exterme. Remember, Stalin ALSO suppressed the free press, it's not an either or. Either then or now.

      If Europe is able to hold out against software patents, then we may be able to get through this period without *much* more problem than the McCarthy years. If they don't, however... it may be up to India and China to resurrect world civilization.

      Even so, the copyright laws clearly need to be trimmed. And their (appearantly unlimited) expansion appears to be supported by both parties and by the Supreme Court. This is worse than troubling.

      E.g., one of the powers of the studio system is that they hold (indefinite) copyrights on an incredible number of songs. Most of these started out as folk tunes, but were you to play them now it would take a truly talented legal defense (and a truly large wad of cash) to demonstrate that your song was a trivial variation of a public domain folk tune rather than a vile rip-off of the studio's precious IP. (Yes, I KNOW it's really copyright, and that the exact form should determine things. But that's not how music copyrights work.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    31. Re:Don't for a minute believe they won't do it. by Anonymous Coward · · Score: 0

      Ever drive a car without a licence or even better, without licence plates? Ever been out on the town lately without an ID lately (oh wait...this is /. I forgot)? Ever try to board a plane without even an ID lately? Hell I remeber when you could board a plane under a plainly bogus name. Which I why I roadtrip mainly now. Somtimes quicker than the plane too. Sure we don't have police at every corner, but we have some form of tracking and control on every means we have of getting around anywhere decently and someone with a few less braincells than you can screw with you on a whim because of it.

    32. Re:Don't for a minute believe they won't do it. by HiThere · · Score: 1

      He not an idiot. He's either a troll or an astroturfer.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    33. Re:Don't for a minute believe they won't do it. by That's+Unpossible! · · Score: 1

      No, actually I'm neither.

      Sampling music is one thing. I have no problem with it if you go out and buy the album later. But downloading a movie illegally and watching it rather than renting it, watching it via cable, or buying the DVD, is absolutely stealing that content and ultimately it hurts all the people that work on the movies. It's not just A-list stars, but all those thousands of people you see listed in the end credits.

      --
      Ironically, the word ironically is often used incorrectly.
    34. Re:Don't for a minute believe they won't do it. by That's+Unpossible! · · Score: 1

      I'd argue that most do, either at their art, or at something else which allows them to execute their art in their "spare time".

      Ever heard of the term "starving artist"? It's pretty popular. And I'll tell you flat out that most artists do NOT make money, and if they are doing their art in their spare time, they are not able to take their art seriously.

      Modern IP laws and modern recording contracts exist largely to benefit the record companies and a VERY FEW "artists". I know many musicians, including my daughter, who make a living as musicians without having heard of the RIAA or ever having published a composition or recording. For comparison, I know zero musicians who have recording contracts with an RIAA-member company. I doubt I'm unique in this.

      So what? What is your point, that because you don't know that many, that therefore it's ok to infringe their copyrights and not pay them any money for their work and the way they have chosen to sell their work?

      I happen to know a few artists that are signed to RIAA labels, and some that aren't.

      I think the RIAA and its tactics suck, I think they are short-sighted and will ultimately fatally shoot themselves in the foot, but until they are down the drain, I don't think it's right to decide to let thousands of people download thousands of songs and movies for free, just because it's technically possible.

      --
      Ironically, the word ironically is often used incorrectly.
    35. Re:Don't for a minute believe they won't do it. by That's+Unpossible! · · Score: 1

      There's nothing wrong with borrowing a movie from the public library. It's the same as renting it, because the library paid a special price to be allowed to rent it out to people "for free." And they have a limited number of copies of each movie, so it's not like you're at "the free blockbuster." That's how they get away with it.

      But I hope you can recognize the difference between borrowing a finite object from a place that has paid for a license to be able to offer that object to you, and downloading a movie permanently from a freeloader.

      --
      Ironically, the word ironically is often used incorrectly.
    36. Re:Don't for a minute believe they won't do it. by gkuz · · Score: 1
      So what? What is your point, that because you don't know that many, that therefore it's ok to infringe their copyrights and not pay them any money for their work and the way they have chosen to sell their work?

      No, my point is that based on my admittedly anecdotal evidence, along with all other statistics I can find, as well as common sense, the vast majority of working musicians around the world, and probably a substantial majority in the USA, are not affected one way or another by more or less restrictive copyright laws. So the argument put forth by the RIAA and others that if we allow rampant copying of recorded material, music as an art form will effectively cease to exist, is bogus. If Sony/BMG/Warner/Vivendi/Universal/Whatever go out of business tomorrow, then it's probably bad for Britney Spears, but it is not the death of music. Every musician I know (and I know quite a few) will go on playing their music and making about the same $ as they made before.

      You want to support musicians? Attend concerts. You want to support a marketing/PR industry? Buy CD's. Over-simplified, sure, but in the right general direction.

    37. Re:Don't for a minute believe they won't do it. by spasmatik · · Score: 1

      How so? Every year the MPAA members make more than the previous. Going by your logic the opposite should be true today. Fascinating how facts always seems to get in the way of good propaganda.

    38. Re:Don't for a minute believe they won't do it. by KaiSeun · · Score: 0

      Download that movie for free, and directly or indirectly, you are depriving the hundreds and thousands of crew members and artists

      That sounds quite similar to the industry ads in movie theatres.

    39. Re:Don't for a minute believe they won't do it. by drsmithy · · Score: 1
      There certainly are some musicians out there who play just for the love of music, but the ones who sell their music probably do so with the expectation of getting paid.

      You seem to have forgotten they only reason they can even have "the expectation of getting paid" from producing a single piece of work is due to the rather recent development of copyright laws.

      There is no justifiable reason for copyright terms having increased since the inception of copyright. On the contrary, with vastly more efficient modern means of production, distribution and advertising, not to mention the much better social support infrastructure, they should be a hell of a lot *shorter*.

      Taking something that someone else produced with the expectation of payment, no matter how crappy you might think it is, is still stealing.

      No, it isn't. Copyright infringment is nothing like theft - legally, morally, or otherwise.

    40. Re:Don't for a minute believe they won't do it. by grcumb · · Score: 1

      "Since when did you have the rights and freedoms to take something you did not pay for? If nobody pays for music and movies, there won't be many movies and music works worth taking. Want proof? Just look at any third world economy where IP laws are lax. Very little talent comes out of those sort of countries."

      Do you know why 'very little talent comes out of those ... countries'? Because Big Fucking Who's-Your-Daddy-Now Media doesn't like them.

      Original, independant music is more alive in the developing world than the average North American could ever imagine. It's just that they don't play by mass-market rules.

      I've visited a number of places wa-ay off the beaten track, and what I inevitably find is that music is far more important to the people I meet. The difference is, they don't just plug the songs they like into an iPod and listen to them once a month or so when the playlist repeats.

      They love their songs. Do you have any idea how it feels to be have a bus full of people spontaneously start to sing along when a local hit comes on the radio? And no, it's not the cacophonous school trip crap you might be imagining. I'm talking spontaneous 3 part harmonies, sung simply but in perfect pitch. It was one of the most joyful things I'd ever experienced.

      So what happens when big-media protectionism arrives in these locales? Here are a couple of examples:

      A musician from a developing nation visited a friend of mine before Christmas. He asked him to make a copy of his band's new CD for a girl he knew. One of the songs he'd written on it was about a girl he knew and he wanted her to have a copy. He wanted to make a copy of it because he couldn't afford the price of his own CD. Imagine how my friend felt when he had to explain to the musician that he couldn't do it because the CD was copy-protected!

      I mentioned to another musician friend of mine that I would like to make an MP3 of one of his songs so I could let my friends back in North America here it. He was absolutely thrilled at the idea, and immediately realised that free distribution is free promotion in a market that he himself could never afford.

      --
      Crumb's Corollary: Never bring a knife to a bun fight.
    41. Re:Don't for a minute believe they won't do it. by That's+Unpossible! · · Score: 0, Troll

      Where is the fault in the logic? I'd love to hear it. I'm sorry I have a moral compass.

      --
      Ironically, the word ironically is often used incorrectly.
    42. Re:Don't for a minute believe they won't do it. by Concern · · Score: 1

      Funny quip. But seriously, control over the mass media is of dire, even mortal importance in our society. When you hear "IP Rights," you should be hearing "Centralized Control."

      People like you will say, "you can't draw the parallel between a mass murderer like Stalin or Hitler and an IP issue." You will try to smear me as triviailizing Soviet genocide. But what will eventually dawn on you (after it happens, probably) is that control over the distribution and behavior of information is exactly how mass murderers gain their throne.

      Working democracies and free-flowing, unregulated channels information are vital, and any threat to them is, in a way, as grave a threat as the Red Army. Whether we have a collectivist oligarchy or a capitalist one, we are talking about jailing people for the unregulated exchange information. Whether the short term goal is to soothe the insecurities of a dictator or feed the maw of a content trust, it should recognizably absurd (and futile) to attempt to regulate computers and networks in the ways proposed, just to ostensibly secure royalties for artists... Think about it.

      As an aside, let's take a brief tour through the often entirely subtle transition from an ostensible democracy to a totalitarian state.

      1) A new breed of especially successful politician arises. They are marked by:

      - Unusual sophistication in managing propaganda and doublethink
      - Unusually fervent supporters, especially among the poorly educated, reactionary, xenophobic
      - Unusually ruthless and systematic behavior in eliminating political rivals
      - Vaguely-defined populist ideologies, that are subject to new interpretations and even reversals at every convenience, yet are fervently venerated and admired

      2) The movement achieves political dominance. Surprisingly, this only further reduces their tolerance for opposition and dissent

      3) News of the first few questionable jail sentences spreads, haltingly (many sources of news gloss it over or don't even cover it, leaving you wondering if it is even "real" news). Most people blindly accept it, even celebrate it, unable to recognize what's happening. Others are concerned, but have no trustworthy journalism on which to motivate action. Most of the people who do realize what's happening are suddenly too scared to speak out.

      4) Everyone who didn't keep their mouth shut is next in line. It hardly matters what the charge is - the point is to make sure there's always something for which you can be charged and successfully prosecuted.

      5) The scarier the developments get, the higher the machine ratchets up the propaganda. Citizens are, amazingly, pacified by the news, even as they watch friends and neighbors disappear. Most amazingly, fear and credulity can even pacify those who should know better. "Well, this is horrible, and they're scary people, but they promised they at least wouldn't go as far as X or Y. This is just a temporary aberration, necessary to keep order, stop terrorsts, protect children and starving artists..." It's called boiling the frog. You can't turn up the heat too fast. But the temperature is always rising...

      6) They do X, then Y, followed by Z. Then they invent several new letters of the alphabet and do those too. What's to stop them. Certainly not you.

      And then you can't read this post, because anonymity is now both nearly impossible and a capital crime, so no one will give their honest opinion. And hobby sites like Slashdot never exist, because cheap "peer to peer" information transfer is illegal, and only licensed, bonded broadcast servers will work with new secure, trusted web browsers (and those are expensive, you know).

      Too bad, the old internet was interesting but it was the "wild west," too many hackers and terrorsts and viruses, full of communists and child molesters. It had to be reengineered in order to make it safe, to "stop the insurgents/crush the counterrevolutionaries/stop the thieving hackers." You knew all along big brother couldn't just let his little brother run free.

      --
      Tired of Political Trolls? Opt Out!
    43. Re:Don't for a minute believe they won't do it. by drsmithy · · Score: 1
      And how much quality work is available to us from these older times, where the work wasn't paid for by an audience, a king, or a benefactor?

      Probably about as much as will be available a few hundred years from now. Probably more, really, if you consider the way copyright laws are going.

      Incidentally, how much work from today do you think is going to be around without being paid for by an audience, a government or a benefactor ?

      Not much. Even Mozart's brilliance was bottled for money. Most artists need to make a living to survive.

      What makes you think the only artists who made a living are the ones whose works are still around today ?

      Download that movie for free, and directly or indirectly, you are depriving the hundreds and thousands of crew members and artists that worked to create it and future movies. It's just a fact.

      Depriving them of what, exactly ? They all got paid while they were working (and the movie industry is hardly going broke).

    44. Re:Don't for a minute believe they won't do it. by drsmithy · · Score: 1
      And I'll tell you flat out that most artists do NOT make money, and if they are doing their art in their spare time, they are not able to take their art seriously.

      Have you considered this may have something to do with the quality or appeal of their art ?

      If artists have to start actually working 9-5 like the rest of us so they can pull in enough to live, rather than having to record a few songs every couple of years and living off the copyright-protected income, well, you won't find me crying them a river.

    45. Re:Don't for a minute believe they won't do it. by SilverspurG · · Score: 1

      Where is the fault in the logic?

      Because piracy is rampant and those people are still getting paid. Take an industry where piracy isn't rampant, say in the industry of banking. Bank tellers don't get paid much more than your average key grip or recording tech. The construction workers who build banks and excavate parking lots don't get paid any more than any movie set laborer or security guard.

      Profits (income, salary, wage) for the common people are independent of piracy. The only profits that will be hurt are those for the CEOs and execs and, frankly, I can't feel sorry for anyone who has more than 6 months rent in the bank. If they don't want to take the chance in business they're free to quit selling the CDs to pirates. How they figure it out is not my problem. Once they legally sell a CD to a pirate it's not my problem. They know exactly what a pirate will do with a CD. It's not my problem to figure out how they choose their customers. If they can't do it right they shouldn't be in business.

      I'm sorry I have a moral compass.

      *nudge* North is that way. *pointing*

      --
      fast as fast can be. you'll never catch me.
    46. Re:Don't for a minute believe they won't do it. by DMJC-L · · Score: 0

      Download that movie for free, and directly or indirectly, you are depriving the hundreds and thousands of crew members and artists that worked to create it and future movies. It's just a fact. - what a load of bullshit, crew members, hell even most actors are paid upfront. the profit all goes to the company, actors may be paid with a percentage of the movie's takings but that's still a huge number even with piracy.

    47. Re:Don't for a minute believe they won't do it. by SilverspurG · · Score: 1

      directly

      There is no direct link between some torrent server in Iceland and a ticket-puncher in the midwest.

      or indirectly

      The moment anyone starts talking about using tax dollars and government clout to protect indirect revenue, well, maybe they just have a bad business model. Indirectly, if you don't give all your money to charity, you're contributing to worldwide hunger and human rights abuses. Do you really want to make "indirectly" the premise for anything legally prosecutable? "Indirectly" has no limits. Indirectly, you're responsible for nearly anyone's death. Do not tread this "indirectly" road.

      --
      fast as fast can be. you'll never catch me.
    48. Re:Don't for a minute believe they won't do it. by node+3 · · Score: 1
      It was my understanding that the totalitarian regime argument was more of a small group of people (politicians) problem whereas campaign finance reform is more of a 'broken system' problem.

      But you said:

      Seriously though, do you think this push for punishment stems from a lust to control, or is it more readily explained as the natural progressoin of capitolism's affects on politics when campaign contributions go unchecked?

      Which amounts to: "Is this totalitarianism because of lust for control, or totalitarianism because of lust for control of money?" It's not an either/or situation.

      In response to your clarification above, yeah, it's due to the weakening (and subsequent breaking) of a system due to an unabated march towards Capitalism. The current trend of the US can best be described as "fascism", a form of totalitarianism which results from the combining of corporate and government power, which is being facilitated by religion, belligerant nationalism and a "common enemy".
    49. Re:Don't for a minute believe they won't do it. by shark72 · · Score: 1

      "Mankind got by for countless milennia before this whole concept of "paying for music" started. Need I remind you that all over the world, there are these people called "musicians" who generally like to play on these things called "instruments" and produce noise called "music.""

      Ditto food safety laws, anti-slavery laws, and other relatively recent inventions that have made things nicer than they've been in the past. If you truly believe that things were better in the 1700's when the life expectancy was 40 but the music was free, I won't try to dissuade you, but the fact that a law has come into existence relatively recently does not make it a bad law simply because people did without it in the past.

      Software development's the same way: there are individuals, small companies, and giant corporations that sell software. Yet there are still many developers who write code for the fun of it, and give it away for free. Yet Slashdotters are not calling for making it illegal for programmers to ask that they be paid for their work.

      Likewise, many people are paid to work in IT while at the same time, lots of folks tinker with and maintain computer equipment because it's fun. But this does not logically support the notion of outlawing IT professionals.

      "Music isn't the issue. What is at issue is the insane idea that you can own music, and that your grandchildren can live off of performances that were recorded before they were even born, long after you are dead."

      The vast majority of music being recorded today will not be generating meaningful revenue twenty years from now, let alone enough for the composers' grandchildren to live off of. Similarly, I think it's pretty wild that if one guy gets lucky, he can write a program that generates a million bucks in sales, but that's also pretty unlikely. Those brave souls who try to write music for a living largely eke out meager existences. Let's not further marginalize them by taking away their right to earn a living doing what they love.

      My philosophy is, as you've probably guessed, different than yours: I think that if somebody can make a living by providing something to society and without hurting anybody, then they have every right to. If somebody figures out how to make a million bucks a year walking dogs, my reaction isn't shock or horror, but to give them a hearty congratulations and possibly look into how I can get into the dog-walking business. Likewise, if somebody's able, through luck, talent, endurance, or some combination of each, to write a song that a million people want to buy, then they've made those million people happy, and if that gets them a mansion, then they deserve it.

      One way to judge a society is the professions upon which it places value. It's always disheartening when I see people clamoring to take away the rights of artists.

      --
      Sitting in my day care, the art is decopainted.
    50. Re:Don't for a minute believe they won't do it. by Alsee · · Score: 1

      Try learning copyright law.

      the library paid a special price to be allowed to rent it out to people

      No they didn't. They simply bought the video cassette.

      a place that has paid for a license to be able to offer that object to you

      No. They own that video cassette, and they own the copy on that video cassette. And it is completely unlicenced. BECAUSE THEY DO NOT NEED ANY LICENCE.

      You do not get a licence nor need when you buy a book. You do not need a licence to read it. You do not need a licence to loan it to your brother. You do not need a lince to loan it to a complete stranger. You do not need a licence to sell it. You own that book and you own the copy of the story in that book.

      If you want to start up a new library, well *poof*, you are a library and you can start loaning out all of the stuff you own. And you can just stop by your local bookstore and music store and video store, and simply buy stuff off the shelf and start loaning it all out.

      And it is exactly the same with any other copyrighted work. Video cassettes, CDs, DVDs, anything, you do not need any sort of licence. And yes, that even for software you do not require any licence whatsoever to install and run it. All EULAs are actually contract offers, and they play all sorts of creative games to attempt to claim that you chose to be bound by that contract. But if you avoid all of their unrealted games to attempt to corner you into accepting that agreement, and if you choose to decline that agreement, then no agreement exists - the End Use Licence Agreement does not exist and does not bind you in any way. And it is absolutely positively NOT copyright infringment to install and run that software, as my previous link explicitly cites in US law. Of course if you decline the EULA then you receive nothing the EULA offers, but EULAs generally offer you nothing you want, much less anything you actually need.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    51. Re:Don't for a minute believe they won't do it. by SilverspurG · · Score: 1

      anti-slavery laws

      I have a very unpopular view about this. Feel free to troll back.

      "slavery" is a game. It's a game like economics is a game and business is a game and insider trading is a game. There are rules which define right and wrong. "Slavery" has a definition typically associated with public bidding and meat markets. Same goes for gambling and, again, insider trading.

      That says nothing about the form in which it exists and whether or not you see it so obviously.

      --
      fast as fast can be. you'll never catch me.
    52. Re:Don't for a minute believe they won't do it. by Reziac · · Score: 1

      Comment chain:

      "..the library paid a special price to be allowed to rent it out to people"

      "No they didn't. They simply bought the video cassette."

      I'm not sure about regulations wrt libraries, but I DO know that 1) our local library warns people that replacement cost for lost items will NOT be as low as one would expect per consumer prices; and 2) movie *rental* outfits have to pay a premium price because these are considered "copies intended for public performance" or some such nonsense (because many people will see it, not just one purchaser). Which is why if you lose one that belongs to Blockbuster Video, you'll get billed $100 or so, not the $20 you and I can buy the same thing for at any WalMart.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    53. Re:Don't for a minute believe they won't do it. by Lorean · · Score: 1

      Okay. I'll bite. The argument that you can't make money giving music away is incorrect. Proof: look at the success of the ipod, itunes operates practically at cost. If the music industry had any brains they would have come up with the ipod and be the ones raking in the dough. Instead they choose to fight an uphill battle.

    54. Re:Don't for a minute believe they won't do it. by That's+Unpossible! · · Score: 1

      Profits (income, salary, wage) for the common people are independent of piracy.

      Prove it. Nothing you posted proves anything.

      The only profits that will be hurt are those for the CEOs and execs

      Says you. It all has an effect on the little guy. If the company isn't making enough money, they'll hire fewer people or offer lower wages. If the market dries up due to piracy, they'll make fewer movies.

      I can't feel sorry for anyone who has more than 6 months rent in the bank

      So according to your morals, it's ok to steal from someone if they are successful in business?

      If they don't want to take the chance in business they're free to quit selling the CDs to pirates. How they figure it out is not my problem. Once they legally sell a CD to a pirate it's not my problem. They know exactly what a pirate will do with a CD. It's not my problem to figure out how they choose their customers. If they can't do it right they shouldn't be in business.

      Then I am assuming you are not outraged when they punish pirates caught selling CDs? That's the only point I'm pursuing. Time in jail, no way, but I support restitution, absolutely.

      *nudge* North is that way. *pointing*

      I'll not take directions from someone who thinks it's ever ok to steal, thanks.

      --
      Ironically, the word ironically is often used incorrectly.
    55. Re:Don't for a minute believe they won't do it. by That's+Unpossible! · · Score: 1

      What makes you think the only artists who made a living are the ones whose works are still around today ?

      Because most of the famous artists I can name were paid to produce their works. How about you?

      Depriving them of what, exactly ? They all got paid while they were working (and the movie industry is hardly going broke).

      Take some lessons in economics. If the movie industry sees a slowdown in ticket sales or DVD sales, they'll produce less movies, they'll hire less crew to work on those movies, they'll pay less cities and businesses for the right to use their facilities to shoot the movies. One thing leads to another, the movies aren't made in a vacuum.

      --
      Ironically, the word ironically is often used incorrectly.
    56. Re:Don't for a minute believe they won't do it. by SilverspurG · · Score: 1

      Then I am assuming you are not outraged when they punish pirates caught selling CDs?

      I'm outraged that they're using my taxpayer dollars to do it. Once they sell a CD to a pirate, it becomes their problem, not mine.

      --
      fast as fast can be. you'll never catch me.
    57. Re:Don't for a minute believe they won't do it. by SilverspurG · · Score: 1

      If the movie industry sees a slowdown in ticket sales or DVD sales

      I see them as being directly related, not inversely related. Evidence is in my favor. Since 1950, for example, piracy, movie releases, and total revenues are all on the rise.

      I don't suppose you know of any actual figures to correlate rising piracy to a decrease in movie-making?

      --
      fast as fast can be. you'll never catch me.
    58. Re:Don't for a minute believe they won't do it. by Eccles · · Score: 1

      1) our local library warns people that replacement cost for lost items will NOT be as low as one would expect per consumer prices

      Mine says I can replace it myself. There may be a processing fee.

      movie *rental* outfits have to pay a premium price because these are considered "copies intended for public performance"

      Have you *seen* Blockbuster's new policy? When you rent a movie, you can hold on to it rather than just returning it, and you'll be charged the purchase price less the rental fee. Nope, not more expensive than, say, Borders.

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    59. Re:Don't for a minute believe they won't do it. by Reziac · · Score: 1

      Replacement policies doubtless differ from one library system to the next. Hell, interlibrary loan policies are so different from one system to the next that you don't even recognise it. (I've seen one -- firsthand -- that required that you BUY the book AND pay shipping, I shit you not. Why bother?!)

      I'd heard Blockbuster's "new policy" ad blitz, but all it says is "no late fees". Sounds like they've managed to negotiate their way out of paying the "public performance fee", perhaps inherent to this new policy of making outright sales. Anyway, sounds like progress, of a sort.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    60. Re:Don't for a minute believe they won't do it. by TiggertheMad · · Score: 1

      I still think you are being a little reactionary. While I don't support the current perversion of the good IP laws that were created by our founding fathers, control of the media these days is a lot harder than it was in 1933. Every time a company tries to 'tame' the Internet, all they do is make some bad press for themselves. a Good lord, I have a hard time believing that the federal government could run a cubscout bake sale without getting taken to the cleansers. Just forget about a gradual erosion of freedoms by government Facists. Now, if you were to make a comment about the threats of coporate interests subverting the democratic process, that would be something I could see as a legitimate concern.

      One other thing, you previously mentioned Eastern Europe and the Soviet system, and the above post is describing a proto-fascist type movement. While both can be totalitarian in nature, they are radically different. In fact, historically, they loved to shoot each other every chance they got. Am going to be arrested by brownshirts or the Bolsheviks for trading the latest ripped Britteny album?

      --

      HA! I just wasted some of your bandwidth with a frivolous sig!
    61. Re:Don't for a minute believe they won't do it. by Anonymous Coward · · Score: 0

      all music is built on the innovations of others. If you carry this through to its dogmatic conclusion, then about 70% of the value of the entire record industry to date would rightfully belong to the descendents of a handful of poor mississipi black men..

    62. Re:Don't for a minute believe they won't do it. by drsmithy · · Score: 1
      Because most of the famous artists I can name were paid to produce their works. How about you?

      Your implications seem to be that

      a) only famous artists "make (or made) a living"; and

      b) the only way to "make a living" today with art is via copyright.

      At best, these assertions are ridiculous.

      Take some lessons in economics. If the movie industry sees a slowdown in ticket sales or DVD sales, they'll produce less movies, they'll hire less crew to work on those movies, they'll pay less cities and businesses for the right to use their facilities to shoot the movies.

      Well, *if* that happens, you might have the beginnings of a point. Given the myriad other reasons why movies might become less popular (plummeting movie quality, and I'm _very_ easily entertained, so if I can see it then it must be bad) or less profitable (ever increasing costs for big name actors), though, you'll have a hard time making any *causal* connection to people downloading copies of $BLOCKBUSTER on their home computers.

    63. Re:Don't for a minute believe they won't do it. by dramaley · · Score: 1

      There's nothing wrong with borrowing a movie from the public library. It's the same as renting it, because the library paid a special price to be allowed to rent it out to people "for free."

      I work at a library. Most of the library books and movies are purchased from Amazon. We don't pay a "special price" for anything.

      --
      ----- "I'm still sane on three planets and two moons."
    64. Re:Don't for a minute believe they won't do it. by Eccles · · Score: 1

      Replacement policies doubtless differ from one library system to the next.

      Yes, but copyright law does not, and the original claim was that libraries had to pay some special price for the material they loan.

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    65. Re:Don't for a minute believe they won't do it. by Concern · · Score: 1

      I am speaking of totalitarianism, which I don't believe presupposes any particular flavor of autocratic power. It could remind you of Hitler or Stalin, or any number of other sad nations equally. Personally I was thinking of post-war Hungary, in the 1940's and 50's.

      I think you are already starting to see what I am saying. "Intellectual Property Rights" cranked up several orders of magnitude are a central vehicle by which corporate interests can subvert the democratic process. Or rather, by which a group of aristocrats could finalize such a takeover and truly begin to suppress dissent.

      If you really think the Internet is immune to control, you have been reading too much Wired. But I don't really think that of you. What you have to ask yourself is, hypothetically, if someone were laying the groundwork to control, perhaps ultimately prevent, democratized mass media, what would it look like?

      Functionally, it looks a lot like DRM/trusted computing/etc etc.

      This could be a conspiracy theory, but this is the government that passed PATRIOT, considered INDUCE on the floor of Congress, and has openly advocated outlawing non-escrowed cryptography, and the list goes on, and on...

      --
      Tired of Political Trolls? Opt Out!
    66. Re:Don't for a minute believe they won't do it. by EvilTwinSkippy · · Score: 1
      Having worked in a library I can tell you that yes, you can buy that title TODAY for $20. Six weeks from know the blue shirts will shrug and tell you it's out of stock, but they have a pile of other new releases.

      The added replacement cost libraries and video store places charge is what it costs to get the products directly from a distributor, without a volume discount. You aren't exactly going to find a copy of "2001" a space oddesy lying around at your local Target. At least not for very long.

      --
      "Learning is not compulsory... neither is survival."
      --Dr.W.Edwards Deming
    67. Re:Don't for a minute believe they won't do it. by StuartLaJoie · · Score: 1

      Seriously though, do you think this push for punishment stems from a lust to control, or is it more readily explained as the natural progressoin of capitolism's affects on politics when campaign contributions go unchecked?

      The natural progression of capitalism's effects on politics is lust for control. Thus, when capitalists are allowed to own ideas or other intangibles (IP), the natural desire is to squeeze out any competition and criminalize any attempt to use said "property" in any but the approved (charged for) method.

      When corporatism (capitalism dominated by non-human "paper" entities) is allowed to influence government, fascism (as defined by Benito Mussolini) results, ending in a totalitarian state controlled by corporate and wealthy elite interests.

      To bring this back to the original topic, our current government is seeking to criminalize the act of copying the expression of an idea or other intangible property. In other words, it (government) is trying to defend corporate profit through written law. Fascism, as properly defined.

      --
      FrontDoor 2.02; Noncommercial version Press Escape twice for...
    68. Re:Don't for a minute believe they won't do it. by EvilTwinSkippy · · Score: 1
      No, they aren't. They are finding themselves competing with NetFlix and P2P networks. NetFlix is great, but you only get your movies in monthly alotments. P2P is free, but you are downloading a Pig in a poke, with no idea of the quality of the recording, how long it's going to take to download, or whether that copy of "The Bourne Identity" is really a low quality dub of "Anal Whores with no bladder control volume VII" (Or the other way around.)

      Late fees were not really about keeping titles on the shelf, they were a secondary revenue stream. They finally looked at the curves and realized that less revenue would be eroded by eliminating late fees than would be if they let NetFlix and file sharing network eat their lunch.

      So, while they don't have the selection of NetFlix and they are more expensive than P2P, they have a competitive advantage in the fact that your "download time" is however long it takes to hike/bike/drive to the store.

      --
      "Learning is not compulsory... neither is survival."
      --Dr.W.Edwards Deming
    69. Re:Don't for a minute believe they won't do it. by Reziac · · Score: 1

      Not under copyright law, no.

      But I wouldn't be surprised for such to become law at some point, given how the DMCA's penalty section lets an infringed author sue for all *possible* damages (that is, however many readers COULD have seen their work, as contrasted to how many actually DID).

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    70. Re:Don't for a minute believe they won't do it. by Reziac · · Score: 1

      I've heard that for some stores, late fees are a larger revenue stream than the rentals themselves!

      Obviously, we need more competition on the order of NetFlix. :)

      Occurs to me that a simple way of dealing with home copying from rentals is to have "easy to copy" (rents for a buck or two more, and any DVD copier can have their way with it) and "hard to copy" (rents at the everyday low price; discourages everyone but the hardcores from copying it). At a buck or two plus 50 cents for DVD media, NO movie is worth the extra time or effort to scrounge and test a download, and under this scheme Big Media has effectively made a sale at zero cost to themselves.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    71. Re:Don't for a minute believe they won't do it. by Alsee · · Score: 1

      I know that the initial offerings of videocassttes/DVDs may be made at exorbinant prices that rental places are generally willing to pay to get copies early, but can you find any documentaion that Blockbuster would somehow violate some law by walking into Walmart, buying a cheap copy, and renting it out?

      I'm not aware of any such law, though I certainly wouldn't put it past the MPAA to lobby for such a law and congress to give it to them.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  12. misleading by sum.zero · · Score: 4, Informative

    this title and /. article is highly misleading. did the poster rtfa? this is about the usa pushing for china to start putting people in jail for counterfeiting. that IS widely acknowledged as "piracy." sum.zero

    1. Re:misleading by American+AC+in+Paris · · Score: 1

      True, it refers specifically to remarks made in the context of China's laws--but it's perfectly reasonable to extrapolate Secretary Evans' views from China's legal system to our own. This administration has a taken a very strong pro-business stance, and business wants very much to crack down on IP violations. Evans, though he was addressing the Chinese, made clear his opinion of how IP violations should be handled by the legal apparatus. It's pretty easy to envision Evans promoting the same changes to our own legal code, especially if they can point to successes in other countries...

      --

      Obliteracy: Words with explosions

    2. Re:misleading by Anonymous Coward · · Score: 0

      Just a quick question.

      How is an outfit in China that is duplicating software and distributing it via physical media any worse then a person who distributes thousands of programs/songs via a P2P network.

      Neither result in lost sales because when you buy a counterfeit version it can be said that you never intended to buy a legit version.

      No really, I want to understand this logic.

      For instance I would buy a counterfeit movie for $5 but will never pay $20 for a legit version so how are these counterfeiters hurting any economy again?

    3. Re:misleading by Anonymous Coward · · Score: 0
      True, it refers specifically to remarks made in the context of China's laws--but it's perfectly reasonable to extrapolate Secretary Evans' views from China's legal system to our own.

      I think you're missing sum.zero's point, although TFA is not clear either. Counterfeiting is an industry in China; I don't believe Evans is talking about about Joe Wong who's downloading the latest Britney crap on kazaa, I interpret his remarks as directed to people who's entire business is conterfeiting software and music CDs.

      Most of us can at least sympathize with individuals that share or download software, music and movies; there's even some evidence that "sampling" music or movies inceases retail sales. But I also think that most of us draw the line at manufacturing and selling counterfeit goods, and this is a major problem in China.

    4. Re:misleading by xeniten · · Score: 1

      The /. title & article are accurate. The counterfeiting the article refers to is the counterfeiting of software not money. IANAL but briefly stated the act of software piracy is essentially the act of taking a preexisting retail software product and distributing it as is without license or permission from the author without offering compensation. The act of counterfeiting is the act of duplicating cd's & manuals and any and all related materials and packaging them for sale as though it were the real product as offered by the original vendor. In practical terms, taking an IP protected binary and releasing it to a torrent or ftp site is piracy while taking a binary copying to your cd-rw and packing that in a box with printed material that you made with the aid of your flatbed scanner & printer is the act of counterfeiting.

      --
      Romana: "How did you know?" Doctor Who: "Ah, well, knowing is easy. Everyone does THAT ad nauseum. I just sort of hope"
    5. Re:misleading by American+AC+in+Paris · · Score: 1

      Not so much missing the point--I'm aware of the counterfeiting industry in Asia--as saying that such remarks can easily be extended to our own nation. The context doesn't translate directly to our own nation, but the spirit of his comments does. There's been a crackdown on IP violators in our country over the past few years, and we tend to favor stiff penalties in the name of deterrence; Sec. Evans' comments strike me as indicative of things to come for the US...

      --

      Obliteracy: Words with explosions

    6. Re:misleading by sum.zero · · Score: 1

      while i am not an advocate of the us pushing their own ip law on the rest of the world, nor of their blurring of the line between personal "fair use" and industrial piracy [aka counterfeiting], i still believe that the correct context here is not the one presented by the /. article. from tfa: "They have made good progress on this front, but there's more work to be done," Evans said. "That means criminalizing the laws as opposed to (having) just civil laws that slap some simple little fine on companies and they go on down the road. You've got to start putting people in jail." note the emphasis on companies, not individuals in that quote. imho, the individuals targetted with jail time are the executives/presidents/ceos/gang leaders. i believe that this is about protecting industries from large-scale, for-profit piracy/counterfeiting of their products and "ip" and not joe sixpack and his kazaa file share. sum.zero

    7. Re:misleading by Anonymous Coward · · Score: 0
      I think you're overreacting to what is a brief summary of Evan's comments about what is a serious problem in Asia; which has relatively weak IP protection laws to begin with.

      I'm not saying that we should not be concerned about overzealous enforcement of IP protection laws in the US, but I believe you are taking his legitimate remarks about a serious problem in Asia and applying out of context to the US.

    8. Re:misleading by American+AC+in+Paris · · Score: 1

      A fair opinion, but something about his remarks threw a caution flag in my mind. I may very well be overreacting, but at the same time, this sort of thing is how the ball gets rolling...

      --

      Obliteracy: Words with explosions

    9. Re:misleading by Anonymous Coward · · Score: 0
      A fair opinion, but something about his remarks threw a caution flag in my mind.

      A fair opinion on Slashdot. That may be one of the signs of the apocalypse.

      You are right, without the Asian context, the article could equally apply to the **AA's assessment of IP piracy in the US.

    10. Re:misleading by Anonymous Coward · · Score: 0

      >> this is about the usa pushing for china to start putting people in jail for counterfeiting.

      And where's the fun in that? They reproduce faster than you can convict 'em.

  13. In China by comedian_999 · · Score: 5, Informative

    For a change, I RTFA. They're pushing for the Chinese to start putting Chinese counterfeiters in jail under the rules of Chinese law.

    While it might be a short leap for the same people to start calling for the criminalization of copyright infringement in the US, that's not what we're talking about here.

    1. Re:In China by Anonymous Coward · · Score: 0

      I think thats exactly what we are talking about here or at least to bring the notion of copywrong criminisation to the table.

    2. Re:In China by node+3 · · Score: 1

      For a change, I RTFA. They're pushing for the Chinese to start putting Chinese counterfeiters in jail under the rules of Chinese law.

      Used to be a time when we officially condemned fascism and totalitarianism.

      That was before the US economy depended on those things.

    3. Re:In China by Anonymous Coward · · Score: 0

      And of course this won't happen here...

      Didn't Adolph Hitler say something about how convenient it is when everybody's guilty of something?

    4. Re:In China by xenocide2 · · Score: 1

      Copyright infringment already is a criminal act in the US. Duh.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    5. Re:In China by sacrilicious · · Score: 1
      While it might be a short leap for the same people to start calling for the criminalization of copyright infringement in the US, that's not what we're talking about here.

      But I gotta say, I sure am tired of being reasonable when corporations are consistently not providing the same courtesy in my favor. The reason so many people are ready to believe it's in this country is because it's a frighteningly short hop away from where we actually are in our corporate-owned hell. If misinterpreting this article foments some pushback against the status quo here, I think I can live with that.

      --
      - First they ignore you, then they laugh at you, then ???, then profit.
    6. Re:In China by Alsee · · Score: 1

      a short leap for the same people to start calling for the criminalization of copyright infringement in the US

      To start calling for the criminalization of copyright infringment in the US? LOL. You're a little late:

      TITLE 17 > CHAPTER 5 > Section 506. Criminal offenses (a) Criminal Infringement.

      Just to be clear, Title 15 is copyright law. Oh, and if you read that law and thing it is restricted to commercial copyright infringment, think again. They passes another law, the NET act, which redefines "financial incentive" to cover practically any case of infringment. In particular it now covers using P2P. So some 20-odd percent of the US population is technically guilty of criminal copyright infringment and supposedly should be in prison right now. If the law were actually fully enforced, the country would collapse overnight.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  14. Of course he's going to China by truthsearch · · Score: 1

    So that's why he's going to China. He wants to put people in jail in the US for spreading "illegal" ideas, just like they do.

  15. Technology Gangs by kyoko21 · · Score: 1

    Before long, you will start seeing technology gangs being formed in prisons. They might be weak but they will gather in numbers and increase their percentage in the general population of the prisons.

  16. Put everyone in jail! by stratjakt · · Score: 4, Insightful

    Jail doesn't work.

    They call it the Department of Corrections, which is pure political bullshit. They've never corrected anything.

    It's necessary to remove violent offenders from society for societies safety, but repeat offenses are high. Being in prison doesn't "teach" or "fix" or correct the problem.

    Yet in America, we've set the system up so that virtually every last citizen belongs behind bars under the law.

    We can start jailing kids for running kazaa, and it won't solve the problem.

    It'll just increase the tax burden for the handful of people who manage to not get caught.

    Everyone has done one of the following: tried drugs, infringed a copyright, exceeded the speed limit, drank alcohol underage, bought a violent video game for someone under 18, etc...

    Why don't we just run razor wire along the coasts and borders, and declare everyone incarcerated?

    --
    I don't need no instructions to know how to rock!!!!
    1. Re:Put everyone in jail! by the_rev_matt · · Score: 2, Insightful

      There is a very good reason for this. The prison-industrial complex is made up of companies that make lots and lots of campaign donations. In return for this, they get more and more legislation guaranteeing them more inmates.

      When prison is a for-profit venture, rather than a safe-society venture, then the powers that be have a vested interest in throwing as many people in jail as possible. The number one purpose of our prison system is not rehabilitation, correction, safety, or even punishment. It is to turn a profit. Added bonus: reduces the unemployment numbers and provides cheap labor to other big companies.

      --
      this is getting old and so are you

      blog

    2. Re:Put everyone in jail! by TheRaven64 · · Score: 1
      Okay, so imprisonment doesn't work as a corrective measure. There are probably some criminals who are not rehabilitatable though, who need to be locked up for the protection of society. Probably significantly less than the current prison population. The question is, what do you replace it with?

      How about fines? Nice idea in principle - particularly for crimes whose cost is financial rather than human. The problem with this is that fines are easier to pay for more wealthy individuals. Perhaps they could be set as a percentage of a person's financial net worth?

      Not that I disagree with your original point - prisons don't work - it's just that the step after that is a little tricky.

      --
      I am TheRaven on Soylent News
    3. Re:Put everyone in jail! by Anonymous Coward · · Score: 0

      The US should just assign a lifetime parole officer to all US citizens and resident "aliens". That'll save them a lot in paperwork and taxes...

      Why don't we just run razor wire along the coasts and borders, and declare everyone incarcerated?

      You haven't been paying attention to the latest US immigration laws, or tried recently to enter that god-forsaken country, have you?

    4. Re:Put everyone in jail! by Anonymous Coward · · Score: 0

      >Everyone has done one of the following:

      *Everyone???*

      >tried drugs,
      nope
      >infringed a copyright,
      yup
      >exceeded the speed limit,
      yup
      >drank alcohol underage,
      nope
      >bought a violent video game for someone under 18,
      nope
      >etc...
      probably...

      You need to hang out with a better class of people...

    5. Re:Put everyone in jail! by Sheetrock · · Score: 4, Funny
      Why don't we just run razor wire along the coasts and borders, and declare everyone incarcerated?

      I have no doubt that should this come to pass there is a sizeable group here who would firmly believe that we have finally tried the rest of the world, found them guilty, and thrown them in the clink.

      --

      Try not. Do or do not, there is no try.
      -- Dr. Spock, stardate 2822-3.




    6. Re:Put everyone in jail! by Anonymous Coward · · Score: 0

      "exceeded the speed limit" that's not a criminal offence (unless upgraded to reckless driving). That's my understanding at least. That's why the burden of proof is so low in traffic court.

    7. Re:Put everyone in jail! by 99BottlesOfBeerInMyF · · Score: 4, Interesting

      Everyone has done one of the following: tried drugs, infringed a copyright, exceeded the speed limit, drank alcohol underage, bought a violent video game for someone under 18, etc...

      Your point is well taken but in most locations none of the things you listed will currently get you jail time. An important broken link in your criminalization chain is the police. The job of the police is to enforce the law through arrests and investigations. They only enforce a very small subset of the laws because the police don't really have much better of an idea what the laws are than the average citizen. They enforce the laws their bosses tell them to, and don't bother digging through law books for other things that are criminal.

      I've always taken issue with the staggering number of incomprehensible, obscure, and contradictory laws. We certainly are all breaking laws on the books every day. Every child in our country knows that it is not fair to be punished for something that one was not informed was against the rules. If you tell any man, woman, or child that all the rules they need to follow are gathered in the three sets of legal volumes, consisting of millions of pages, stored in three different locations and written in a mishmash of english, old english, and latin, every one of them will realize the ridiculousness of being held responsible for breaking one of those rules. Instead we all follow a "common law" that is an amalgamation of rumors, common sense, and here-say. If the television show "Law and Order" were to start making up new laws and showing them being enforced, half the police officers and citizens in the country would start believing that they actually existed. Heck, some of the lawyers would buy it too. Hammurabi wrote his laws on a pillar in the center of town. We can't even find a list of ours in plain English. No one knows what all the laws are, and no one can be held morally responsible for violating them. Until the system changes drastically, ignorance is indeed an excuse.

      I happen to know the legal expert on weapons in my state. He is a very successful lawyer who specializes in cases of concealed weapons and weapons violations. I asked him one day if it was legal to carry a pocket knife, and if so, how large. His answer, "No one knows." There are three contradictory laws listing legal blade lengths and one that specifically guarantees everyone the right to carry a hunting knife without specifying what that is. Other laws say that you can carry a blade so long as it is hidden, not hidden, shorter than a given length, or not for malicious purposes. His legal advice was that it is fine to carry a knife, but to be safe you should carry one shorter than 2.75 inches and keep it concealed. That violates two laws, but is in accordance with three. If it ever goes to court he claims that he will not have any problem showing that the laws contradict, and thus can't be enforced, which he has done in the past.

      And that is a perfect example of why laws or more or less arbitrary and not worth looking up for a layman.

    8. Re:Put everyone in jail! by mark-t · · Score: 1
      And what if a person's net worth is zero, or negative?

      Because guess what... that's the demographic of the people that infringe the most. While there are certainly people that are well off that don't respect copyright, the biggest chunk of them (not including nations that don't respect US copyright in the first place) are in the group of people with a low disposable income. Many of these people are students, or recent students perhaps struggling perhaps with debt from having gone to university, and therefore can even have a _negative_ net worth.

    9. Re:Put everyone in jail! by Ironsides · · Score: 1

      How about replacing it with whipping (seriously) or something similar? Pain is the best teacher around. Assault? depending on the circumstances 5 to 50 (or more) lashes. But nah, our society thinks that even spankings cause kids to become criminals. And our supreme court would probably strike it down as cruel and unusual.

      For more serious crimes I would propose some more creative punishments. And for death penalty cases I propose bringing back what the english used to do to people who commited high treason. As is, the death penalty is too lienient.

      But yeah, the prison system doesn't work. Just seems that no one wants to go back to an age old method that does.

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    10. Re:Put everyone in jail! by aralin · · Score: 3, Informative

      In a closed society where everybody's guilty, the only crime is getting caught. In a world of thieves, the only final sin is stupidity. - Hunter S. Thompson

      --
      If programs would be read like poetry, most programmers would be Vogons.
    11. Re:Put everyone in jail! by aliens · · Score: 1

      Why not?

      The inmates are already running the prison. It's like having the Joker in charge of Arkham.

      --
      -- taking over the world, we are.
    12. Re:Put everyone in jail! by hackstraw · · Score: 3, Informative

      Jail doesn't work.

      Sure it does. It maintains status quo for those who make the rules and those that pay for the rules to be written -- rich people and corporations.

      The US currently incarcerates more people per capita than any other country. To me, its an indicator of how fragile our society really is. I mean apartheid was maintained with fewer people in prison than the US society. I believe that its almost 2% of the US total population is either incarcerated or on parole or somehow else "in the system".

      Its also interesting that jails and prisons are pretty much populated with poor uneducated people. A bright person with money can be much more successful than one without those qualities to either avoid getting busted in the first place or escape incarceration in the event of getting busted. Regardless of the truth of OJ's guilt or innocence, he would be in prison if he were not a multimillionaire.

      What's sick is that we simply put up with this crap. Americans used to be headstrong people that stood up for their beliefs. We came here mostly due to persecution in one form of another. We used to have sayings like "taxation without representation" and whatnot. I guess one thing that makes these control efforts more successful today is that they do tend to prey on uneducated under-financed individuals.

      The perfect example is incarceration for "illegal" drug possession. More lower middle class white people do drugs than any other group, but jails and prisons are predominately occupied by lower class non-whites.

    13. Re:Put everyone in jail! by stratjakt · · Score: 1

      Do it often enough and they'll bump it to a reckless charge. In some states, after X traffic violations (including parking tickets), you automatically get charged with careless driving.

      It's kind of at their discretion, it's a weird setup.

      At any time a prosecuter could (successfully) argue that anyone who drives 70 in a 65 zone is showing a reckless disregard for everyone else on the road, and thus deserves to be locked up.

      Now say, the DA and local cops figure you for a drug dealer, but have no case against you... Now you're caught speeding, if they want you bad enough, they'll get you.

      Cops regularly use traffic regulations to get around due process and your right not to be searched. I know this for a fact, since I write records and dispatching software for police, and work closely with them every day.

      It's like this. Without probable cause, a cop has no right to search your vehicle. He can look in the windows for things in plain sight, but that's it.

      Now, all the cop has to do is say he was worried that the rust spot on the back of your car. After all, your exhaust could be leaking into the passenger cabin. Now, for your safety, he's going to have to force you to open your trunk so he can check for leaks. And if they should happen to find a bag of weed in the trunk, well that was in plain sight.

      Or you return home to find your front door torn from it's hinges and the house full of cops. Gee whiz, they heard your dog whining in it's kennel and figured someone was calling for help! They don't need a warrant to save lives. The figured someone might be in danger inside your sofa cushions, that's why they split them open and turned them inside out.

      They do this all the time, it's not random, they usually have a target - ie; they KNOW the guy has the weed in his trunk or basement.

      What was I talking about? Oh yeah. You can do time for speeding, if you're really on the cops/DA's "bad side".

      --
      I don't need no instructions to know how to rock!!!!
    14. Re:Put everyone in jail! by Dun+Malg · · Score: 2, Insightful
      There is a very good reason for this. The prison-industrial complex is made up of companies that make lots and lots of campaign donations. In return for this, they get more and more legislation guaranteeing them more inmates. When prison is a for-profit venture, rather than a safe-society venture, then the powers that be have a vested interest in throwing as many people in jail as possible. The number one purpose of our prison system is not rehabilitation, correction, safety, or even punishment. It is to turn a profit. Added bonus: reduces the unemployment numbers and provides cheap labor to other big companies.

      As comforting as the notion of conspiracy is, the truth is usually much worse. Draconian laws are being passed out of ignorance and stupidity, and the prison industry is merely taking advantage of the increased demand for "incarceration services". The idea of a "evil mastermind" behind it is comforting because a central authority can (theoretically) be arrested/exposed/discreditted, but I don't think you can convincingly demonstrate that the prison industry has ever even tried to lobby for harsher laws. But then there's some that say lack of evidence is the surest sign the conspiracy is working, and what can you say to that?

      --
      If a job's not worth doing, it's not worth doing right.
    15. Re:Put everyone in jail! by Equinox · · Score: 1

      Because then we'd be in Australia. :)

    16. Re:Put everyone in jail! by bani · · Score: 1

      didn't work in afghanistan under the taliban, it doesn't work in saudi arabia.

      what makes you think it would work here?

    17. Re:Put everyone in jail! by gibson_81 · · Score: 1

      The problem with this is that fines are easier to pay for more wealthy individuals. Perhaps they could be set as a percentage of a person's financial net worth?

      We have something similar to this in Sweden, we call it "dagsböter" (day fine). Basically, in the lawbooks the fine is specified as "so and so many day fines" instead of fixed amounts, so if you have a well-paid job you pay more than if you're a janitor or nurse. The idea is that no matter how much money you have, you should have to spend an equal time working off your "debt to society". Not sure how it works with assets though ...

    18. Re:Put everyone in jail! by SilverspurG · · Score: 1

      What's sick is that we simply put up with this crap

      There's a logical problem here. If we're rich and corporate then we're obviously profitting so the "putting up with" isn't so tough. If we're neither rich nor corporate then we have no clout to change the laws. My litmus test is: can I withhold any portion of my tax paycheck? Go ahead and take the part needed for roads, electricity, running water, and a defensive local military. Anything after that should be voluntary.

      We used to have sayings like "taxation without representation" and whatnot

      Then the trolls come in to tell us how we are represented, and how if we really cared we should get up and do something about it...

      --
      fast as fast can be. you'll never catch me.
    19. Re:Put everyone in jail! by geniusj · · Score: 1

      You just said 'yup' to two of them. As you quoted, he said that everyone has done one of the following. What point are you trying to make? I think it's been lost.

    20. Re:Put everyone in jail! by SilverspurG · · Score: 1

      I don't think you can convincingly demonstrate that the prison industry has ever even tried to lobby for harsher laws

      I'm sure someone on Wall Street somewhere has made a social network map. Someday, I'm going to get my hands on it because it's the only definitive proof of the conspiracy. A map which shows executives who sit on the same boards, attend the same golf clubs regularly, go to the same Churches, invest in the same funds, have lunch with the same politicians...

      --
      fast as fast can be. you'll never catch me.
    21. Re:Put everyone in jail! by fallen1 · · Score: 1
      Why don't we just run razor wire along the coasts and borders, and declare everyone incarcerated?

      Well, that's because the politicians have done nothing wron.... oh, wait. Nevermind :)

      --

      Dream as if you'll live forever.
      Live as if you'll die tomorrow.
      ~Anonymous~

    22. Re:Put everyone in jail! by Anonymous Coward · · Score: 0
      And what if a person's net worth is zero, or negative? Because guess what... that's the demographic of the people that infringe the most.

      The irony is that those people can't afford the infringed material to begin with, so they wouldn't be buying it if they didn't infringe. Since the incremental cost of the infringed material is zero, nothing is gained by the producers by preventing the infringement, and there is a net loss to society (assuming there is some "cultural" value to the infringed material that the infringer wouldn't otherwise be exposed to).

    23. Re:Put everyone in jail! by incom · · Score: 1

      Whew, I'm glad my country has this: http://laws.justice.gc.ca/en/C-46/ . Although it still is full of contradictions and stupid laws(I think it has one part that allows copyright violations to be interperated as treason!). Atleast it's available in one place!

      --
      True genius is grasping a situation like a peice of fruit, and peircing it just right so that it drains dry.
    24. Re:Put everyone in jail! by 99BottlesOfBeerInMyF · · Score: 1

      That is an excellent resource that might come in handy for my visits across the border. I don't suppose that includes local and provincial laws though. I wish I could find something like this for Ireland. I'm planning a trip and was wondering about a number of laws. Oh well, it will most likely not be an issue. I'll just tell them I'm an American tourist and I'm sure they will let things slide (or possibly hit me with billy clubs).

    25. Re:Put everyone in jail! by Ironsides · · Score: 1

      a) Which laws were punishable this way
      b) What did that set of crimerates compare to the US as (per 100,000 people).

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    26. Re:Put everyone in jail! by Anonymous Coward · · Score: 0

      We certainly are all breaking laws on the books every day.

      So what you are saying is that somebody with enough authority can chuck whoever they like in jail? Like when two presidential candidates were jailed when they tried to attend a political debate?

      When everybody is a criminal, it's an open invitation for corrupt officials to abuse their power.

    27. Re:Put everyone in jail! by 99BottlesOfBeerInMyF · · Score: 1

      If I recall correctly, they were arrested for trespassing, which is both spurious given the lack of trespassing signs, and uncreative, given that they probably were breaking any number of obscure laws. No the arrests orchestrated by the Bush administration's PR commission are pretty much standard wrongful arrests under well known laws (what I referred to above as common law). The laws I was thinking of were more of the ones that say you can't swear in front of women, wear shorts, carry gasoline in a vehicle, dance on public property, have sex unless you are married, or travel to another state to buy beer.

    28. Re:Put everyone in jail! by bani · · Score: 1

      a) almost anything, completely arbitrary depending on the mood of the taliban soldier
      b) depends on what you call crime. that committed by the civilians or that committed by the government?

    29. Re:Put everyone in jail! by slittle · · Score: 1

      And this is why, in a society where "ignorance of the law is no defence," the law must be what the average person would consider reasonable, even common sense.

      Specialist laws are fine in specialised fields, but when the average shmoe has the ability to do something and doesn't see anything wrong with it, the law has to change. Printing presses were rare. Computers today are not. Something has to give.

      To make laws that man cannot, and will not obey, serves to bring all law into contempt.
      - Elizabeth Cady Stanton


      --
      Opportunity knocks. Karma hunts you down.
    30. Re:Put everyone in jail! by Ironsides · · Score: 1

      "a)" sounds more like a breakdown of the system. Compare the law problems in the US to those of say, South Korea where they do caning and (as far as I know) don't do things arbitrarily

      As for "b)" I guess that doesn't matter when there is a breakdownin the system.

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    31. Re:Put everyone in jail! by samdu · · Score: 1
      I happen to know the legal expert on weapons in my state. He is a very successful lawyer who specializes in cases of concealed weapons and weapons violations. I asked him one day if it was legal to carry a pocket knife, and if so, how large. His answer, "No one knows." There are three contradictory laws listing legal blade lengths and one that specifically guarantees everyone the right to carry a hunting knife without specifying what that is. Other laws say that you can carry a blade so long as it is hidden, not hidden, shorter than a given length, or not for malicious purposes. His legal advice was that it is fine to carry a knife, but to be safe you should carry one shorter than 2.75 inches and keep it concealed. That violates two laws, but is in accordance with three. If it ever goes to court he claims that he will not have any problem showing that the laws contradict, and thus can't be enforced, which he has done in the past.

      I really wish I had known this guy a few years ago. I was arrested after running a red light on my motorcycle. It had been raining and there was a large truck in front of me obscuring the light until it had changed to red. I made the conscious decision to run the light rather than slam on my brakes and risk losing control of the bike. A cop two lights behind me flipped her lights on and I pulled over.

      The first thing out of her mouth was, "Do you have any weapons on you?" I happened to have a diver's knife in my boot. This was the first time that I had my knife on my person in months. My car burned up and the tow truck had come that day to pick up the burned out hulk. I took a last look through it and found my knife that I kept in the map pocket in the door. I cleaned it up and stuck it in my boot.

      Anyway, I told her that yes, I had a knife in my boot and pulled up my pant leg to show her. She reached down and pulled it out and went back to her cruiser and called for backup. The second cop showed up and took the knife and pulled out what I later realized was a ruler. He then came over to me and told me to stand against the wall of the nearby storefront. He asked me if I had any other weapons. I told him no. He patted me down and told me to put my hands behind my back. He then cuffed me. At this point I asked him what I was being arrested for. He told me that I was being arrested for possession of a "long bladed weapon" and that they could be charging me with possession of a concealed weapon instead but that they weren't. I asked him what the legal length of a bladed weapon was. He told me that it was three inches. I asked him how long the blade on my knife was. He told me three and a half inches.

      I was taken to the city jail, fingerprinted, and locked up. I was chatting with the officer that was processing me and he told me that he NEVER carries a knife. Instead, he carries a gun. He told me that you can get into a LOT more trouble by carrying a knife than a gun. He also offered to buy my motorcycle helmet. :) I asked him what my bail was. He told me and I asked him if I could pay it myself. He said yeah so I told him to look in my stuff that was confiscated and take out the bail. I sat in jail for an hour or so before the bail was paid and taken care of. The arresting officer gave me a ride to the impound lot so I could get my bike. And then I rode back to the concert that I was heading to before the whole debacle. I managed to hear one song by the Jayhawks and the concert was over.

      When I went to court, the guy ahead of me pissed off the judge. I was called up and the judge said I was charged with possession of a concealed weapon. He asked me why I had the knife. I told him that it was for utility and protection. That I was riding a motorcycle through a less than nice part of town and wanted SOMEthing to protect myself if I needed to. He told me that the only reason to have that knife was to kill someone. He also said that if I felt unsafe on my motorcycle, I should get a car. Of course

    32. Re:Put everyone in jail! by 99BottlesOfBeerInMyF · · Score: 1

      That is an interesting story. The laws vary so much from state to state and even within localities it is hard to know just when you are breaking the law. To be safe, I carry a very short (2 inch) pocket knife, that does not have an assisted open mechanism whenever I travel out of state. In my state, it is possible to get a concealed pistol permit, but you will still be prosecuted for carrying a larger knife alongside your gun.

      As to whether or not you should admit to having a weapon, it is a dangerous game in some places. The law does not (as far as I know) compel you to admit anything, or any searches, but if you don't immediately present a weapon, when you have one when stopped by police, it is an additional felony in some places. In some places it will also get you a severe beating.

      If you are worried about your personal safety, but want to stay on the good side of the law, there are two workarounds that are fairly popular. One is a heavy mag light. A number of cases against the police have set some pretty strong precedent that although flashlights can be used as weapons, they are not weapons by nature and thus are legal to carry in almost any situation. Similarly precedent has been set in some places to show that flare guns are not weapons. But I'll bet a mugger backs off it you shoot them with one :)

    33. Re:Put everyone in jail! by samdu · · Score: 1

      I've also always wondered, but never thought to ask, if the police are compelled to read one their Miranda rights when they making an arrest. I was never read them. For that matter, they weren't even going to tell me what I was being arrested for until I asked.

  17. This is about China by Anonymous Coward · · Score: 0

    This is about pressure on China to make it a criminal violation.

    Copyright infringement is already a felony in the US under certain circumstances...

  18. Imagine the reaction by fiannaFailMan · · Score: 4, Insightful

    Imagine the reaction if senior Chinese officials started calling for the internal laws of the US to be altered to suit Chinese business interests.

    --
    Drill baby drill - on Mars
    1. Re:Imagine the reaction by mgs1000 · · Score: 0, Troll

      Like the Kyoto treaty?

    2. Re:Imagine the reaction by Anonymous Coward · · Score: 0

      Yes, the Kyoto treaty which the US refused to ratify because Bush said it would harm business interests.

      Though actually, I don't think that affected US law directly. It just called for percentage reduction in greenhouse gas production.

    3. Re:Imagine the reaction by cfulmer · · Score: 2, Insightful

      The problem is that it is extremely difficult for a US company to actually collect on a judgement against a (red) Chinese citizen -- the Chinese courts are very loathe to allow US companies to collect monetary damages from Chinese interests. Criminal laws don't have the same problem, as it would be a Chinese prosecutor.

      Criminal charges for copyright infringement are really a bad idea -- civil courts allow the copyright owner to decide whether to enforce a copyright. The civil requirement also more/less allows people to copy orphaned works with little risk, because it's not clear who owns the works -- that's a good thing, because without somebody infringing a copyright of unclear ownership, those orphaned works deteriorate over time. If you criminalize it, then the gov't could say "Hey! You're copying that 1943 work without permission from the copyright owner. We're going to prosecute, and never mind the fact that we (1) have no idea who actually owns it and (2) don't know if they care that you're copying it."

    4. Re:Imagine the reaction by Macadamizer · · Score: 1

      "Though actually, I don't think that affected US law directly. It just called for percentage reduction in greenhouse gas production."

      Well, how do make sure the greenhouse gas production gets reduced? Do you just ask the companies to please reduce their emissions? No -- you either give then a carrot -- reduced taxes, etc. -- or a stick -- fines and penalties for not complying. Either on requires a change to U.S. law (or the law in whichever country you are talking about).

      --

      "That's not even wrong..." -- Wolfgang Pauli
    5. Re:Imagine the reaction by Ingolfke · · Score: 2, Insightful

      The enforcement and creation of the IP laws is a commtiment China made in order to join the WTO. What these laws do is essentially stop Chinese companies from wholesale copying other company's IP and then manufacturing it in large quantities. The Secretary is speaking about U.S. business interests because we have a large stake in the WTO and because HE IS THE U.S SECRETARY OF COMMERCE! What is he supposed to talk about, French business interests?

    6. Re:Imagine the reaction by alan_dershowitz · · Score: 1

      They don't have to outright call for internal laws to be changed, they have representation through lobbyists. Yeah, it's illegal, but that doesn't really matter if you use soft money funneled through charities. You might recall president Clinton and Al Gore getting burned on the Buddhist temple findraising, having to give back quite a bit of money when it was found it came from foreign sources. I'm not being facetious, it's 100% true. I really have no clue if China prevents that kind of interference in their own government by foreign lobbyists, but I suspect that that there it's really, REALLY illegal.

  19. Re:What a polite site! by Akaihiryuu · · Score: 1

    Why don't they just put everyone in jail? Pretty soon they're going to have to convert whole cities into giant prisons, like in Judge Dredd, and similar things. Pretty soon only CEO's of large corporations and the very rich will be the only people not in jail.

  20. Re:I Welcome by learn+fast · · Score: 1

    Our new criminalizing and imprisoning overlords?

  21. What is the bottom line? by Concern · · Score: 1

    Rich people get the government to do it for them - whether it's clean up their messes, defend their economic, political, or religious interests, or prosecute their enemies.

    Poor people have to do it themselves. I would sure love it if the government put more effort into prosecution for criminal fraud. But hey, if you're not a billionare, "that's a civil matter, son."

    --
    Tired of Political Trolls? Opt Out!
  22. Now I get to pay the *AA's court costs? by Onimaru · · Score: 1

    Well, this might be a little early to be reading in what we're reading in, but as a side note the worst part of this is that if it goes through we'll be in effect paying the court costs of the *AA because prosecutors will be taking the cases.

    On the other hand, at least the unjustly accused won't be run out of court for lack of council. The state will provide it.

    --
    adam b.
  23. Pot and Pirates Togather at Last! by Saratoga+C++ · · Score: 2, Insightful

    I'm honestly not for software piracy but this seems to pinch a nerv a bit.

    We're filling up our jails with Pot users and Pirates. When does this start seeming to be a waste of taxpayer's money?

    Looks like a way to reduce further tax revinue and increase costs to the (now fewer in number) tax payers.

    Great job guys.

    1. Re:Pot and Pirates Togather at Last! by jaeson · · Score: 1

      Yes, but those in jail get the opportunity to work for third-world pay by packaging products for companies like Microsoft and Starbucks. This is the only way we can compete with the cheap labor that can be found outside the US.

      As long as mega corps control the US governemnt, expect this trend to continue.

  24. Rules that are meant to be broken. by Tackhead · · Score: 4, Insightful
    These rules are meant to be broken. In both senses of the word.
    "Did you really think that we want those laws to be observed?" said Dr. Ferris. "We want them broken. You'd better get it straight that it's not a bunch of boy scouts you're up against - then you'll know that this is not the age for beautiful gestures. We're after power and we mean it. You fellows were pikers, but we know the real trick, and you'd better get wise to it. There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens' What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted - and you create a nation of law-breakers - and then you cash in on guilt. Now that's the system, Mr. Rearden, that's the game, and once you understand it, you'll be much easier to deal with."

    - Ayn Rand, Atlas Shrugged

    The most useful kinds of rules are the ones that everyone violates, and that are therefore unworkable. In other words - rules are made to be broken.

    1. Re:Rules that are meant to be broken. by Anonymous Coward · · Score: 0

      Ayn Rand or How I learned to stop worrying about others and become a selfish stuck-up bitch

    2. Re:Rules that are meant to be broken. by TRACK-YOUR-POSITION · · Score: 1

      The irony here being that Ayn Rand was a big fan of intellectual property. Not only would she support any rollback of digital commons that was proposed, she'd probably try to sue your ass for quoting her book ;). Fair use is clearly an offense to the rational glory of Man-qua-Man.

    3. Re:Rules that are meant to be broken. by kahei · · Score: 1


      Ghod, she couldn't make even a simple, obviously valid comment like that one without everything being a Big Conspiracy To Oppress Those Who Love Freedom, could she?

      Truly the first Libertarian :)

      --
      Whence? Hence. Whither? Thither.
    4. Re:Rules that are meant to be broken. by Anonymous Coward · · Score: 1, Insightful

      I think its funny how people rag on Ayn Rand (and I only agree with her philosophies in a partial sense myself) just becuase she is Ayn Rand without actually coming to the plate and saying why they dislike some or part of her philosophy.

      Its really funny because the majority of people who hate her so much that they go into a blind fury (and call her names rather than actually counter her arguments) are the ones who say that we need more government controls to deal with power hungry corps (which is fine in of itself).

      The real irony here is that this quote is where Rand talks about dictiatorial governments where law after law is being passed just to keep society docile and in check. You'd think that most people here who hate corporatist governments could at least acknowledge what she is saying applies here too.

      I'm not asking that people accept and agree with everything Rand says but jesus people, you're going to have to get over your own prejudices to see that while her philosophy may differ from yours, she is at least agreeing with you on that the corporation should not be merged with the government.

    5. Re:Rules that are meant to be broken. by Anonymous Coward · · Score: 0

      I think you have misunderstood Rand. Just becuase you don't support the idea of no copyrights (you know, legally selling bootlegs in the street and whatnot) does not clash with a libertarian ideal of freedom to exchange information freely.

    6. Re:Rules that are meant to be broken. by LPetrazickis · · Score: 1

      Must... not... agree... with... Rand... Oh, darn. Fine, Rand is not always wrong just because she is often wrong. You win this one, logic.

      Curses, foiled again.

      --
      Is this a sigs-optional kind of place? 'Cause I am totally down with that if you know what I mean.
    7. Re:Rules that are meant to be broken. by snuf23 · · Score: 1

      Well, I really found her funny most of the time. Especially the sex scenes in Atlas Shrugged which border on rape.
      Although the best parts of the book are when they smoke the special cigerettes that come from the magic land of John Galt. Now those were the greatest cigerettes in the whole world made by the greatest men of action.
      If it wasn't for the bazillion pages where she barfed her philosophy out on the page verbatim, Atlas Shrugged would have been a highly enjoyable, laugh a minute, pulp thrill ride.

      --
      Sometimes my arms bend back.
    8. Re:Rules that are meant to be broken. by jwdb · · Score: 1

      No.

      Ayn Rand was a big fan of material property. Intellectual property was a far smaller concern at the time she wrote her books, due to the difficulty of copying.

      Actually, I believe she would have been against the idea of IP. For example, take the bridge of Reardon metal that Taggart Transcontinental built (I'm assuming you've read the book). It was concieved of by Reardon, roughly designed by his chief engineer, and then given for free to Dagny. Is this being a fan of IP?

      The objectivist party line is that the product of your work is yours, and that you receive payment for it through a fair exchange for the work of other like-minded people.

      Jw

    9. Re:Rules that are meant to be broken. by Politburo · · Score: 1

      If you're going to use an example from the book you need to give full context. I think Rearden gave the bridge to Dagny for a few reasons. Dagny (really, Taggart Transcontinental) had little money to throw around. Also, Rearden needed a big order of Rearden metal to both make money (IIRC, he had converted his plant to make Rearden metal, but he had no buyers for it), and he needed a demonstration project for the Metal.

      Essentially, if Rearden didn't give the design away, he was SOL. He didn't have a choice. I don't think that this example can be used to say that Rand would not have supported IP.

    10. Re:Rules that are meant to be broken. by The+One+and+Only · · Score: 1

      If anyone actually reads Atlas Shrugged, they'll notice most of the villains are failing businessmen, who get special government protection to beat up on more successful competitors.

      she is at least agreeing with you on that the corporation should not be merged with the government.

      Quite right. Rand spoke of a "separation of state and economics of the same type and for the same reasons as the separation of state and church."

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    11. Re:Rules that are meant to be broken. by Ingolfke · · Score: 2, Interesting

      Good quote from Ayn Rand, I don't agree with it entirely but she certainly has accurately characterized today's legal/political system fairly well.

      How did you get from that to The most useful kinds of rules are the ones that everyone violates, and that are therefore unworkable. How does this make them useful? It seems to make them excess burdens. And if anything, just because everyone exceeds the speed limit, doesn't mean I'm exempt from punishment.

      The real question here is what does Rand mean by "innocent"? Is there some objective standard for innocence, some way to compare, and if there isn't then you either have anarchy or require some rules to operate and define what normative "innocence" is.

      Atlas Shrugged is a good read though and I applaud you for dropping some philosophy into the mix.

    12. Re:Rules that are meant to be broken. by Anonymous Coward · · Score: 0

      Hello, I am Ayn Rand's lawyer; please pay me lots of money or I will be after your plagiarizing ass with the DMCA and the PATRIOT act (you are commercially terrorizing Ayn Rand's estate).

      Long Live the War On Freedom!!!

    13. Re:Rules that are meant to be broken. by Anonymous Coward · · Score: 0
      > How did you get from that to The most useful kinds of rules are the ones that everyone violates, and that are therefore unworkable. How does this make them useful?

      He asked "Useful to whom?"

      Such rules are very useful to those who make the rules, and the rulemakers' opinions on usefulness are the only ones - by definition - that matter.

    14. Re:Rules that are meant to be broken. by jwdb · · Score: 1

      Indeed he wanted it as much as she did. It's just that, when I was considering this question, it struck me as a case where he was giving away an idea without a second thought.

      Indeed TT was strapped for cash, but not so much that they couldn't pay for a simple design. In addition to that, I believe that the new bridge was cheaper to build...

      After thinking about it some more, it's clear she would not have been against IP - the whole piece about Reardon having to sign away his rights to his composite metal was a quite clear statement that a person with a good idea should not have it taken from them. On the other hand, their attitude towards IP just feels different - they didn't seem nearly as copyright/patent-happy as people do today.

      Can you think of any more instances where IP comes into play? It's been a while since I read the book...

      Jw

    15. Re:Rules that are meant to be broken. by Ingolfke · · Score: 1

      Ah, you are right. Thanks for the correction.

    16. Re:Rules that are meant to be broken. by eraserewind · · Score: 1

      They are useful for people who would like to have power over you. If you have broken a bunch of laws you (individually) can potentially be put in jail regardless of whether "everybody" breaks them or not.

    17. Re:Rules that are meant to be broken. by TRACK-YOUR-POSITION · · Score: 1

      This claims differently--not only did she endorse IP, she endorsed it with the rights based logic rather than utilitarian logic. (As one would expect of Rand.) Taken to its absolute extreme (and we're talking about objectivism so that's a must), her argument works to defend most of the abuses of the current system.

    18. Re:Rules that are meant to be broken. by TRACK-YOUR-POSITION · · Score: 1

      Or let me put it another way. Rand's failing, when she noted that the goverments wants to pass so many laws that everyone is a criminal, failed to realize that property laws could be the category of law that the government uses to fulfill her prophecy.

  25. And Confucious says: by iamwahoo2 · · Score: 1

    Those in glass houses should not throw stones.

    1. Re:And Confucious says: by Starsmore · · Score: 1
      I thought it was 'Those in glass houses should dress in the basement.'

      *Sits back and waits for equal parts troll, offtopic, and funny mods to come in.*

      --
      "If Common Sense was so common, it wouldn't be such a valued trait."
  26. Go get 'em secretary hardass! by diakka · · Score: 1

    This is probably a very very bad idea. While I do like the idea of putting someone in jail when they violate the GPL, my suspicion is that certian copyrights would be regarded as more important than others, namely those belonging to big corporations that contribute to campaign funds.

    --
    -- Knowledge shared is power lost. -- Aleister Crowley
  27. The Evolution of Crime by handy_vandal · · Score: 3, Funny

    Now we can fill up our jails with even more people who are as dangerous as marijuana smokers...

    Oh, that's fuckin' great -- IP violaters and pot smokers, cheek to jowl in the showers.

    God only knows what kind of criminal masterminds are breeding in those prisons ....

    -kgj

    --
    -kgj
    1. Re:The Evolution of Crime by killmenow · · Score: 1
      God only knows what kind of criminal masterminds are breeding in those prisons ....
      FYI: In an all male prison population, it's pretty much guaranteed nobody's breeding.
    2. Re:The Evolution of Crime by m0rm3gil · · Score: 1

      Dude, I know this is slashdot but you should still realise that what happens in prison showers isn't actually breeding.

    3. Re:The Evolution of Crime by handy_vandal · · Score: 1

      what happens in prison showers isn't actually breeding

      Ewwww ...!

      -kgj

      --
      -kgj
  28. Huh? by paranode · · Score: 2, Insightful
    This isn't about Bush at all. This is about Hollywood wanting more money and China building an economy off of illegally reproduced and distributed material.

    You can hardly make this into a vast right-wing conspiracy by mentioning Bush when practically everyone in Hollywood is a Bush-hating left-winger.

    1. Re:Huh? by Anonymous Coward · · Score: 0

      I never said anything about a conspiracy. That was a direct-quote from Bush himself. Regardless of what prompted it he obviously supports this personally. It IS about Bush if he endorses it. His words carry more weight than some private organization (to the rest of the world anyway)

    2. Re:Huh? by neil.pearce · · Score: 2, Insightful

      Would this be the very same Hollywood that sited itself on the West coast
      of America to avoid paying Edison his rightful dues?

    3. Re:Huh? by Severious · · Score: 1

      Wrong.

      The artisans are left wingers like you say, but the exectutives and the people in power who make the real money RIAA, MPAA folks love whoever do their bidding, both sides to some extent but more so the Republicans.

      --
      Tinfoil hat? Naa, I long since replaced it with a reinforced titanium alloy.
    4. Re:Huh? by hondo77 · · Score: 1

      You can hardly make this into a vast right-wing conspiracy by mentioning Bush when practically everyone in Hollywood is a Bush-hating left-winger.

      You clearly haven't worked in the entertainment business before. Remember that for every Barbra Streisand on a movie set, there are hundreds of crew members and they tend to reflect America, the left, right, and middle.

      --
      I live ze unknown. I love ze unknown. I am ze unknown.
    5. Re:Huh? by Anonymous Coward · · Score: 0

      Sshhhush! You'll hurt his feelings!

      You can't tell people things that go against their preconceptions!

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

      practically everyone in Hollywood is a Bush-hating left-winger.

      *cough*Arnold*cough*

      Or did he go through the same lobotomy everyone else does when they get a political office?

    7. Re:Huh? by geniusj · · Score: 1

      I'd say that Arnold is fairly left wing when it comes to social issues. He is, however, economically conservative.

    8. Re:Huh? by Anonymous Coward · · Score: 0

      He may not hate Bush as much as most but he is what's generally known as RINO (Republican In Name Only).

    9. Re:Huh? by Anonymous Coward · · Score: 0

      What if I'm a girl? You and your preconceptions!

    10. Re:Huh? by Anonymous Coward · · Score: 0

      So you hide behind a possible straw man argument and ignore the issue with China and IP? Not surprising.

    11. Re:Huh? by Anonymous Coward · · Score: 0

      Oh if you are, I'm sorry. I don't deny that I have preconceptions, but I'll gladly change them. And that's what I was referring to.

    12. Re:Huh? by Anonymous Coward · · Score: 0

      How about Ronald Reagan?

      Let's see...the two most famous Hollywood personalities who took office are Republicans yet we're still supposed to swallow this mantra "Hollywood is left-wing!!!"

      Maybe we should start questioning this unproven idea...

    13. Re:Huh? by MaineCoon · · Score: 1

      Edison was an asshat. A brilliant asshat, but an asshat nonetheless. He took credit, and money, for others inventions.

      --
      Hunt your preferred prey at Aliens vs Predator MUD. Join the war at avpmud.com port 4000
    14. Re:Huh? by neil.pearce · · Score: 1

      Yeh, but he had the patents, and that's what matters.
      Not entirely different *cough* 1-click *cough* from today...

    15. Re:Huh? by antiMStroll · · Score: 1
      "This is about .... China building an economy off of illegally reproduced and distributed material."

      Even the US economy doesn't hinge on the entertainment industry, by what obscene myopism could we possibly arrive at the conclusion that a country with three times the population is 'building an economy' from market vendors selling copies of movies, and that those movies come primarily from the US?

    16. Re:Huh? by Draknor · · Score: 1

      That's what's missing with today's political party structure. There is no party in which you can be socially liberal and economically conservative. Although, compared to the current administration, the Democratic party is looking pretty economically conservative...

    17. Re:Huh? by yourmom16 · · Score: 1

      There is the Libertarian Party.

      --
      "We have got to make Stan understand the importance of voting, because he'll definitely vote for our guy." - South Park
    18. Re:Huh? by Alsee · · Score: 1

      Well if China doesn't pass laws against it, it's not exactly illegally reproduced and distributed material, now is it? Chuckle.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  29. How many years? by standards · · Score: 1

    So given this change of policy, how many years would Bill Gates get in the slammer?

    Or would this law only apply to those not affiliated with a large corporate entity?

  30. its a civil crime! by lawngnome · · Score: 1

    piracy is not theft, in the criminal sense.You arent shoplifting to get tunes from the internet. Its infringing on anothers IP. This should stay a civil crime where it belongs.

  31. I live in Santa Cruz, but... by ackthpt · · Score: 1
    I live in Santa Cruz, but I expected to be a surfer, not a serf

    Does anyone else see us heading back towards feudalism?

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:I live in Santa Cruz, but... by SmokeHalo · · Score: 1

      Sure...the RIAA and MPAA have decided they want a feud against file sharers.

      Seriously though, it's true they have a lot of money...but there are way more of us than there are of them. If we can all make a big enough racket, our numbers will carry the day.

      --
      I'm not good in groups. It's difficult to work in a group when you're omnipotent. - Q
  32. Great. by American+AC+in+Paris · · Score: 4, Insightful
    Because the one thing we need in this nation is more inmates.

    Remember, kids, it's all about being tough on crime. If, for some inexplicable reason, crime continues to exist--you're simply not being tough enough. Throw more people in prison; make the sentences longer to keep 'em there. To hell with reform; make sentences punitive and harsh for the sake of scaring people straight. It'll work eventually, right?

    1 out of 37 Americans have served time in prison. Our incarceration rates continue to skyrocket. How much more will it take for people to throw their hands in the air and say "Enough!"?

    --

    Obliteracy: Words with explosions

    1. Re:Great. by Dan667 · · Score: 1

      And people wonder why trial lawyers are making so much money. Even without outlandish jury awards, they can make it up with volume.

    2. Re:Great. by Sentry21 · · Score: 1

      I wonder how long it will take before everyone has been to prison at least once. Maybe the US could save time and trouble by making everyone server 4 years in prison, just like other countries require manditory military service. You could be exempted if you give something back to your country instead, like joining the military or being rich, or the son or daughter of someone rich. It would save a lot of the judicial system's time, anyway.

    3. Re:Great. by radtea · · Score: 3, Insightful


      Things like incarceration are driven by ideology, not rationality. The U.S. has a high incarcertation rate because a majority or sizable minority of Americans really believe against all evidence that putting people in jail is an effective means to combat crime. It just "feels right" or "makes sense" that the threat of jail will reduce crime.

      Once you realize that this is an ideological or religious argument (epistemologically ideology and religion are indistinguishable) you'll realize that no practical consequences will ever have an effect on people's beliefs in this regard. The fact that Christ never comes back doesn't deter Christians from believing he's going to Real Soon Now. The fact that non-democratic socialist countries were abject economic failures didn't stop ideologues from claiming that non-democratic socialism was more efficient.

      So until there is a major ideological shift in the U.S., and parents start teaching their children that the threat of jail doesn't have a big effect on crime, but reduction in poverty does, we'll continue to see the "paradox" of high crime and high incarceration rates in the U.S.

      --Tom

      --
      Blasphemy is a human right. Blasphemophobia kills.
    4. Re:Great. by SunFan · · Score: 1

      Throw more people in prison; make the sentences longer to keep 'em there. To hell with reform; make sentences punitive and harsh for the sake of scaring people straight. It'll work eventually, right?

      Isn't this the same philosophy behind No Child Left Behind?

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    5. Re:Great. by Anonymous Coward · · Score: 0

      You're an idiot.

      Rich or poor, there are people who commit crimes because they can. The solution is to bring justice, not to redistribute wealth, as though that will make people happy enough to be honest. Happiness cannot be bought with money and wealth does not equate to honesty.

      Try again.

    6. Re:Great. by xgamer04 · · Score: 1

      The fact that Christ never comes back doesn't deter Christians from believing he's going to Real Soon Now.

      Wait, what about Jews who have been waiting for the arrival of a savior for 6,000+ years? Oh shit, this is slashdot, go ahead with the Christian-bashing.

      --
      When you look at the state of the world, how can you not become a radical, liberal anarchist?
    7. Re:Great. by Shadowlore · · Score: 1

      How much more will it take for people to throw their hands in the air and say "Enough!"?

      It's already happened. The real question is "How much more will it take for people to put their hands in the voting booth and say "Enough!"?

      --
      My Suburban burns less gasoline than your Prius.
    8. Re:Great. by Alsee · · Score: 1

      It's already happened. The real question is "How much more will it take for people to put their hands in the voting booth and say "Enough!"?

      Oh, that's already happened too. Except it was Deibold sticking thier hand into the voting booth. Chuckle.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  33. Extradition by truthsearch · · Score: 1

    Maybe they want to criminalize it so extradition treaties will force other countries to send "pirates" to US jails. If an extradition treaty is ever finalized with China they'll be obligated to round up anyone the US finds violating the law.

  34. test of jail time as a deterrant... by jxyama · · Score: 1
    this will really test the threat of jail time as a deterrant... (personally, i don't believe it.)

    i don't see the point though, unless it's easier to convict a criminal case than a civil case and this would enable more criminals to be convicted... people pirate stuff to make money. they aren't out to physically harm people... they also know it's illegal... it's not like they decide that they will pirate since it's not criminal but a civil offense and stop pirating if it became criminal.

    what good does it do to put them behind bars? why not change the system so that once convicted, they are fined so heavily to lose what they made and more instead?

    >"...prosecutions, prosecutions, prosecutions."

    can you say "red tape, red tape, red tape."? (is there an appaeals process in china? if so, then it can be "appeal, appeal, appeal." too.)

  35. War on Drugs, War on Terror, War on IP by mindaktiviti · · Score: 1

    Ministry of Peace
    Ministry of Love
    Ministry of Truth

    Ministry of Plenty

    At least I can still buy shaving razors from the corner store.

  36. RTFA by mrbcs · · Score: 2, Informative
    They are talking about putting Chinese in jail. Big Brother already lives on this side of the pond.

    Bush was up here in Canada last month (i think) twisting the arms of the Canadian Government to stop the sale of drugs online. Our gov't agreed and shut down a bunch of retailers losing about 4500 jobs in the process. So much for being an autonomous nation.

    Coincidentally, the very next day, our beef was now allowed back over the border into the U.S. Even when they found ANOTHER case of BSE the very next day. hmmm. One was enough to kill our industry last year.. but this one's ok? I smell a rat.

    As our now dead ex-Prime Minister Trudeau used to say, "Living next to America is like sleeping with an elephant."

    --
    I'm not anti-social, I'm anti-idiot.
    1. Re:RTFA by MightyMartian · · Score: 1

      Well, there's the little ethical issue of Canadian doctors signing prescriptions for people they have never met. It wasn't just the US and Canadian governments that found this questionable.

      The US shouldn't rely upon Canada to fix its drug pricing problems. Congress could fix this quite easily, if it wasn't in the pockets of the drug companies.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  37. And to think... by Ericzombie · · Score: 1

    That City 17 was just a nightmare in a foreign world. Who would have thouught it would be so real so soon?

  38. Overheard in jail... by AnswerIs42 · · Score: 0
    These three big, burly inmates (BBI) some walking on on a small stocky fellow (SSF)...

    BBI: So, what are you in for fresh meat?
    SSF: You asking me?
    BBI: Yea, you!
    SSF: Tell me what you in for first then I'll tell you my crime.
    BBI: Fine! Rape, murder and blew up a police station! Now you!
    SSF: I downloaded a copy of HalfLife 2 and bypassed the copy protection.
    BBI: Oh... er.. sorry.. we didn't know you were one of them "hard core" criminal types.. We'll be leaving now.

    1. Re:Overheard in jail... by EvilTwinSkippy · · Score: 1
      Reminds me of Arlo Guthrie's "Alice's Resteraunt."

      And I, I walked over to the, to the bench there, and there is, Group W's where they put you if you may not be moral enough to join the army after committing your special crime, and there was all kinds of mean nasty ugly looking people on the bench there. Mother rapers. Father stabbers. Father rapers! Father rapers sitting right there on the bench next to me! And they was mean and nasty and ugly and horrible crime-type guys sitting on the bench next to me. And the meanest, ugliest, nastiest one, the meanest father raper of them all, was coming over to me and he was mean 'n' ugly 'n' nasty 'n' horrible and all kind of things and he sat down next to me and said, "Kid, whad'ya get?" I said, "I didn't get nothing, I had to pay $50 and pick up the garbage." He said, "What were you arrested for, kid?" And I said, "Littering." And they all moved away from me on the bench there, and the hairy eyeball and all kinds of mean nasty things, till I said, "And creating a nuisance." And they all came back, shook my hand, and we had a great time on the bench, talkin about crime, mother stabbing, father raping, all kinds of groovy things that we was talking about on the bench. And everything was fine, we was smoking cigarettes and all kinds of things, until the Sargeant came over...

      --
      "Learning is not compulsory... neither is survival."
      --Dr.W.Edwards Deming
  39. Re:What a polite site! by Anonymous Coward · · Score: 0

    And in some countries already, the rich are paying people to go to jail for them.

  40. simpler solution? by mortram · · Score: 1

    At this point it'd be easier if the US just jailed everyone and sorted out the non-criminals.

    1. Re:simpler solution? by Jeld · · Score: 1

      Yup, kill them all and let the Lord sort them.

      --

      Everybody Lies. But it doesn't matter since nobody listens.

  41. Hate to burst your bubble by Anonymous Coward · · Score: 0

    But most countries in Europe have already long criminalized this activity. People are getting sued in the US, but places are getting raided in Europe. They signed the international copyright agreements just like everyone else. The real reason the governments don't seem overly concerned is that they do not nearly produce the worldwide revenue that the US film and music industry does. Therefore, they have little to lose from copyright infringement and little to gain by enforcing it strictly.

  42. That's right by drgonzo59 · · Score: 1

    Put all the grammas and the 13 year olds in jail with the murderers. It's all the same. We don't want the "poor" label owners and producers to miss out on that new Ferrari, that would be a crime to leave them "unfulfilled". The artists who are underpaid will remain underpaid, it's the big guys upstairs who don't want to take a small cut in the million dollar salaries. They have all the legal and political connections. I am not saying the guilty shouldn't be punished but jailtime is a little too much.

  43. US gov works for the corps..newsflash? by N3wsByt3 · · Score: 3, Insightful

    The IFPI/RIAA/MPAA and it's current USA puppet the bush-government (and a lot of senators and other so-called representatives of the people) is fighting a lost cause. And I think they know it. If they would act specifically against mass-counterfeiting for commercial purposes then, certainly when health issues are at stake, it might have some validity, but everyone knows such laws will be used against all others as well, before you can blink your eye. And yet, it will go as with the war on drugs: something you can never beat, and something that is sustained with unvalid reasonings and making a lot of FUD.

    First off all, I have difficulties with their acclaimed 'stealing' of music/movies. As far as I know, stealing implies that the one that has been stolen has been derived of something. When you take a copy, you do not take the original away, thus they have not 'lost' anything. They might claim that they loose money when ppl d/l music, but even that is far from certain.

    Not only is it not shown statistically to have had that effect (they didn't even show a correlation thusfar - see aussie music-news - let alone a causality). Furthermore, in an individual case, they would have to show they actually lost revenue. Which is far from said, because I sure know some guys who d/l music, but would NEVER have bought that music if they were unable to d/l it. So, how did the RIAA/IFPI loose revenue, exactly? And if they didn't lose anything, how can the term 'stealing' apply?

    It would still be copyright-infringement, ofcourse, but that's another matter. I think maybe it's time we went beyond our current system of copyrights and walk into the era of cyberspace. With the industrial revolution, patents and copyrights knew a high flight, maybe it's time to let it leave and try something new? Maybe something in the lines of this: fairshare (http://cvs.sourceforge.net/viewcvs.py/*checkout*/ freenet/website/pages/fairshare.php?rev=1.1).

    And don't worry, contrary to what the RIAA claims, musicians will not starve to death, and music-making will not stop. We had music long before we had copyrights, and we will have music long after copyrights have vanished from the scene.

    And lastly, it's something that *can not* be stopped. P2P progs and their development act as organisms that follow the darwinian rules of survival. When Napster was 'killed' by the RIAA, immediately others (like kazaa) took over, being more resistent to attacks from the RIAA&co. Whenever kazaa will be shut down, others again will take over. When endusers are targeted, systems that protect the user will become dominant (like FreeNet).

    It really is a lost cause. But then again, they are not truelly battling for the survival of musicians (as I said; they will survive, just as they used to do), it's for their OWN survival they are fighting. There is no way in hell they are going to keep the giant profits that they have been gathering for the last decades.

    But ultimately, they will have to do what P2P systems are already doing: adapt to the new circumstances (and forget about the former levels of profit), or whither and die.

    --
    --- "To pee or not to pee, that is the question." ---
    1. Re:US gov works for the corps..newsflash? by shark72 · · Score: 1

      Interesting. Did you read the article? It was about the US wanting China to increase the penalties for the biggest offenders. A key quote:

      "They have made good progress on this front, but there's more work to be done," Evans said. "That means criminalizing the laws as opposed to (having) just civil laws that slap some simple little fine on companies and they go on down the road. You've got to start putting people in jail."

      The companies are, of course, the factories in China that crank out the pirated DVDs and CDs by the thousands.

      I commonly see this sentiment expressed on Slashdot: "they should stop going after the little guys and go after the real pirates, the outfits that mass-produce the CDs and sell them on the streets."

      And now that this is happening, people are defendending them. Unbelievable.

      --
      Sitting in my day care, the art is decopainted.
  44. Why should cybercrimes be different? by EmbeddedJanitor · · Score: 3, Interesting
    I don't think so. As more and more people and business inhabit "cyberspace" it is important that "cyberlife" gets protection equivalent to RealLife(tm).

    Is breaking into a person's server or blogsite and messing with the contents any different from breaking in to a person's house/business and messing around? In both cases peoples "space" and privacy have been violated.

    Is defacing a website any different from spraying graffiti on someones walls?

    --
    Engineering is the art of compromise.
    1. Re:Why should cybercrimes be different? by killjoe · · Score: 4, Interesting

      "Is defacing a website any different from spraying graffiti on someones walls?"

      Yes. The punishments are different. If you are caught spraypainting a wall you might get fined or be forced to clean it up. If you deface a web site you might get jailed longer then a rapist.

      --
      evil is as evil does
    2. Re:Why should cybercrimes be different? by liquidsin · · Score: 1

      Is defacing a website any different from spraying graffiti on someones walls?

      Yeah, one is a felony, punishable by up to twenty years in a federal prison, and the other is a misdemeanor, punishable by a fine and/or some community service. A career arsonist could burn down your brick-and-mortar store and do less time than the 13 yr old who 0wz0r3d j00r w3b5173.

      --
      do not read this line twice.
    3. Re:Why should cybercrimes be different? by EmbeddedJanitor · · Score: 1
      "...up to twenty years..."

      That would include six months or so too. The judicial system does not have to impose maximum sentences. It is important though that they have the teeth to be able to have effective countermeasures.

      --
      Engineering is the art of compromise.
    4. Re:Why should cybercrimes be different? by koreth · · Score: 1
      Is breaking into a person's server or blogsite and messing with the contents any different from breaking in to a person's house/business and messing around? In both cases peoples "space" and privacy have been violated.

      I can't restore my house or business from last night's backup.

    5. Re:Why should cybercrimes be different? by feloneous+cat · · Score: 1

      Is defacing a website any different from spraying graffiti on someones walls?

      Dunno. Is breaking someone's fingers any different than breaking someone's links?

      --
      IANAL, but I've seen actors play them on TV
    6. Re:Why should cybercrimes be different? by d34thm0nk3y · · Score: 1

      Is breaking into a person's server or blogsite and messing with the contents any different from breaking in to a person's house...

      YES

      Is defacing a website any different from spraying graffiti on someones walls?

      YES

      next?

    7. Re:Why should cybercrimes be different? by Phillup · · Score: 1
      don't you mean...
      jailed with a rapist
      --

      --Phillip

      Can you say BIRTH TAX
    8. Re:Why should cybercrimes be different? by Alsee · · Score: 1

      Yep. Simply by using a computer you are going to trigger multiple penalty enhancements. Just for starters you are automatically going to qualify for the "special skills" penalty enhancement. You then get to tack on the "sophisticated means" penalty enhancement. And then anything involving computers tends to get slapped with absolutely surreal dollar values of fictional damages, bumping up the penalty a couple more notches. (Example: Company X's website is defaced, they hire a security consultant. After an extensive operational and vulnerability analysis of the network infrastructure he advises coordinates running Windows Update on all of the machines to prevent it from happening again. Damages: $152,000.) And there are god knows how many MORE penalty enhancements that apply almost automatically, or which can get tossed in quite easily.

      There are entire law review papers written on just how broken the law is in this area. The huge problem is that these penalities are not additive, they work like MULTIPLIERS. EXPONENTIAL GROWTH. Even the most minor offence can snowball into serveral year penalties, and bigger charges can rapidly run into the multi-decade range.

      Commit "simple ordinary" rape and the penalty is X-years. Nice, neat, no multipliers.

      Do something with a computer and it's like a pinball game - you automatically trigger several multipliers and super bonus score and multi-ball and triple spinner value and the double-secret-megabonus-combo and DING DING DING! We have a new high score! And suddenly you realize you're not actually reading the score, you're too busy focused on counting the zeros on the end of the score.

      The judge generally has little or no leeway when the calculated penalties get absurd, they are now required to impose whatever the penalty guide calculates. Of course the prosecutor gives you the chance to plead guilty to a lesser charge and take 20 months, or you can go to court and face 20 years. And in that sort of situation you generally take the deal, whether you are guilty or not. Hooray for justice!

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    9. Re:Why should cybercrimes be different? by killjoe · · Score: 1

      In the US all crimes are punishable by multiple forced rape. It does not matter what you are in jail for, it could be dope, it could be writing bad checks. That's what makes the American legal system amongst the worst in the world.

      --
      evil is as evil does
    10. Re:Why should cybercrimes be different? by killjoe · · Score: 1

      There is an exception. If you use computers and other means to rip billions of dollars off then you get off scott free. Rob a 7/11 go to jail, rob 400 billion dollars no problem as long as you give some to the party in control of the white house.

      --
      evil is as evil does
    11. Re:Why should cybercrimes be different? by realityfighter · · Score: 1

      I'll believe that argument when I can make backup copies of my house.

      --
      A strain of paranoid prevention can be worse than the disease, whate'er the intention.
  45. So what are we going to do about these guys? by ShamusYoung · · Score: 3, Insightful

    So the Chineese govt. murders 800-2600 peaceful protesters in Tiananmen Square in Peking in 1989. They fobid women from having more than one child and force millions of Chineese women to have abortions. They support various thug leaders around the globe and insist they own Tiawan.

    I know! Let's put pressure on them to put people in jail for stealing software.

    Piracy is rampant in China and the problem is real, but it isn't killing anyone. Do any of these rotten bastards have any sense of proportion?

    --
    --This sig is in beta. Please let us know abut any errors you find.
    1. Re:So what are we going to do about these guys? by Lodragandraoidh · · Score: 1

      Playing the devils advocate, I would say it is not the interest of government to protect anyone - or apply moral imperatives that do.

      However it is in government's interest to protect the institutions that exist for the greater 'good' (business and government).

      It just so happens that the richest people control and benefit from both...

      --

      Lodragan Draoidh
      The more you explain it, the more I don't understand it. - Mark Twain
    2. Re:So what are we going to do about these guys? by Chris+Burke · · Score: 1

      So the Chineese govt. murders 800-2600 peaceful protesters in Tiananmen Square in Peking in 1989.

      But Beijing said they were very, very sorry about that. Um... didn't they? Erm...

      Do any of these rotten bastards have any sense of proportion?

      Of course they do! Piracy hurts their business in some way, and killing protestors or otherwise oppressing the Chinese population doesn't. Who cares if the people have the right to disent, or even to choose whether or not to reproduce, so long as they are buying legitimate copies of Alien Vs. Predator?

      Remember when the government used to vocal about China's human rights abuses, back when their economy was nascent and both their politics and economics were strictly totalitarian? Well, they liberalized their economy, drawing in tons of foreign investment, and experienced a boom without liberalizing their politics at all. U.S. (et. all.) business interests dove in like starving hyenas, and now there's no way our government would hurt these business interests by trying to pressure China to reform politically. On the contrary; now they're being pressured for being too liberal economically, and not respecting our government-granted monopolies!

      Frankly, I don't know what else you need to see in order to believe that our government is run by business interests at the expense of everyone else. Human rights? We've heard of it; maybe we can use it to negotiate a better trade agreement...

      --

      The enemies of Democracy are
    3. Re:So what are we going to do about these guys? by plague3106 · · Score: 1

      They fobid women from having more than one child and force millions of Chineese women to have abortions.

      So what do you suggest? They do nothing, and let their country become overrun with people, much like Ethopia? They are trying to solve a ligitimate problem...whats your solution?

    4. Re:So what are we going to do about these guys? by ScentCone · · Score: 1

      believe that our government is run by business interests

      Right! Because without embracing the very engine that produces our standard of living, we'd be in no position to sit here and bitch about the rest of the world. We'd be too busy struggling to survive a la several generations ago. The entire framework of our culture, however occasionally mangled or mishandled, is this: you work to improve your life. If it's better to work in larger scales, you form businesses. If those businesses - which are people, remember - want to do their damndest to shape an economy or legal framework that works for those people, then they sure as hell can back whomever they want for elected office. If MoveOn.org or some other 527 can sufficiently convince someone, by spending millions upon millions of dollars (remember their management's recent comment that they had just "bought and paid for" the Democratic party, and they were going to start running it?) that we have it all wrong, then the pendulum will swing a twitch the other direction.

      Our businesses will pressure China to change things, because as nice as cheap products are, China is building a false economy based on slave labor... and at least some of those slaves are those of us who create intellectual property that Chinese businesses steal, rather than invest in.

      --
      Don't disappoint your bird dog. Go to the range.
    5. Re:So what are we going to do about these guys? by SilverspurG · · Score: 1

      Because without embracing the very engine that produces our standard of living

      I don't know what standard of living you're at, but it's not doing any more for me than a similarly educated and motivated chemist at my age in Japan or China. So yes, I can bitch about it, because I'm paying for benefits that others are getting and I'm not.

      --
      fast as fast can be. you'll never catch me.
    6. Re:So what are we going to do about these guys? by ScentCone · · Score: 1

      because I'm paying for benefits that others are getting and I'm not.

      Right! I'm bitching too... but it's a question of what we're bitching about. Part of that "engine" is the rule of law. Without it (and the protection of property, intellectual and physical for which it provides), pirates or pirate states would be the ones determining value, and those of us producing value would quit doing so, at least in the way we do now. Pretty soon, the people stealing it don't have anything left to steal, and we're back in the dark ages again. You should bitch about it... anyone who produces and works should look for our government to intercede when someone else (domestic or otherwise) looks to deprive you of your work or devalue it through theft. If a whole country is doing it, we've got to get very, very serious about it.

      --
      Don't disappoint your bird dog. Go to the range.
    7. Re:So what are we going to do about these guys? by SilverspurG · · Score: 1

      anyone who produces and works should look for our government to intercede when someone else

      The way I see it, though, 95% of the time the someone else who's depriving me of the value of my work is doing so with government backing and blessing. Take my employee agreement, for example. It's all about bargaining power. What's the government done to protect my intellectual property rights when, with the sweep of an all-inclusive employee agreement, the company has legal right to prosecute me for my own ideas?

      My job interviews are all-day events. They always include a one-hour presentation given by me on my relevant work. I don't have much to present when my former employer can prosecute me for leaking their intellectual property.

      --
      fast as fast can be. you'll never catch me.
    8. Re:So what are we going to do about these guys? by ScentCone · · Score: 1

      It's all about bargaining power

      Exactly! The people with the thing you want (money) are bargaining with you for the thing they want (your expertise). If you don't like working for a company that wants to own what they paid you to produce on their dime, start your own company. The difference is that you're making the choice to work for those people, but neither you nor your employer has any choice when another party (or country) chooses to steal your work and build a business without having to do the work (or invest the money) like you and your company have.

      If you risked your capital, or talked friends/relatives into investing in a company of your own, making you beholden to them, at least for a while, as investors - you'd probably think long and hard about how you'd allow your company's products to be handled by employees that come and go in a matter of months. Investors take risks, and they seek to mitigate those risks (especially when it's IP that's being produced) by not having the investment devalued through theft.

      Believe me, I'm sympathetic on the general subject: some of my best work is locked behind walls through which I no longer pass. That's pretty hard stuff to show off, so the best you can do is maintain good relations with previous employers so that they'll serve as glowing references. They don't call 'em trade secrets for nothing... it's just as true of perfume chemistry, brownie mix recipes, and a jillion other industrial output, too.

      --
      Don't disappoint your bird dog. Go to the range.
    9. Re:So what are we going to do about these guys? by SilverspurG · · Score: 1

      If you don't like working for a company

      That's not the way it works. They own the product but it's my intellectual property. The Constitution says that rights are reserved to inventors and creators. Anything after that is a cheap scam. I'll not sign my rights away from some vacuous vague interpretable contract which was put forth long before I had my own ideas figured out.

      Where do you draw the line? I feel EULAs have gone too far, yet there's no line drawn there. Just how many of your rights can you legally sign away just because someone else has an economic upper hand?

      o steal your work and build a business

      Who said anything about building a business? If the company didn't value me highly enough to keep me happy then they must risk losing me. When I leave I've still retained my intellectual property. That's why it's intellectual property. While the legal right may be set by the courts, I'll not honor any man or company who threatens me for using my intellectual property in a presentation in an attempt to gain honest lawful employment. I cannot change the interview requirements without endangering the very delicate first impressions which govern an interview.

      If you risked your capital, or talked friends/relatives into investing in a company of your own, making you beholden to them, at least for a while, as investors

      I think the stock market fallout of the last 6 years coupled with the witch hunt, in a vain attempt to hold executives and top investors accountable, disproves any thought about "risk". I'm not going to argue the legality. Legally, you're right. Morally you can speak high and mighty about risk all you want but there's not an executive in the world that risks as much as the middle class employee putting up with office politics on a daily basis. "Risk" is without home or means to pay rent for the month. Risk is not some vacuous term dictated by pushing electronic money through electronic transactions.

      Believe me

      I don't. Your arguments are heavy handed and unreal. You've ascribed admirable moral qualities to people who have none. The very nature of business, Wall Street, and politics is cutthroat, dirty, underhanded, and immoral. You'll not convince me that there's a single law past the strict interpretation of the Constitution (with the 9th and 10th Amendments intact, thank you very much) which is doing me, as a private citizen, any favors.

      --
      fast as fast can be. you'll never catch me.
    10. Re:So what are we going to do about these guys? by ScentCone · · Score: 1

      Forget about Wall Street. Even small, family-owned or guys-in-the-basement businesses have investors (or loans) and involve risk. You personally take risk when you decide to work for someone: you're taking the risk that your paycheck might bounce, that the company might go under, or that they won't be as successful as you (or they) hope. As an employee, unless you have stock, you're financially just investing in each subsequent paycheck.

      As for intellectual property: sure it's yours, unless you take the job with the understanding, as understood by any reasonable person, that what you invent on the clock belongs to the person that paid you for that time. If you agree to those terms and start taking paychecks, you're bound by those terms. If your skills, on the other hand, are so valuable that you can take the job with a modified contract or agreement that leaves your personal intellectual property rights intact (including those things that you come up with while the employer is paying your way), then that's great: you are a very valuable person. If you can't make that case, though, then you're like most of us: someone taking money to produce something.

      People who (legally and ethically) retain rights to their brain-work are either valuable enough that the person with the cash is willing to stipulate that going into the relationship, or risk-tolerant enough to start their own venture. It's not like that's rare: thousands and thousands of people start businesses, consultancies, associations, partnerships, and so on, every year - exactly for that reason. Thousands more decide to work for larger companies that own their collective work because they'd rather have the stability of working for a company with long term assets. People choose to work for, invest in, and get management jobs with established big companies precisely to avoid risk. People tolerate new-company risk on the chance that they can be masters of their own destinies (and their own IP)down the road. Most people lose that gamble, but we're optimists, culturally, and keep on trying.

      Incidentally, I'm pretty much of a basic constructionist, constitution-wise. Are my arguments "heavy-handed?" Yes. But so is work, competition, and consequences. If those things played out more clearly in front of most people, we'd embrace work and property with more vigor and a certain joy, I think.

      --
      Don't disappoint your bird dog. Go to the range.
    11. Re:So what are we going to do about these guys? by SilverspurG · · Score: 1

      Even small, family-owned or guys-in-the-basement businesses have investors (or loans) and involve risk

      You're citing small fish to justify the scam set up by people who work with money in 1000x the amounts that the little guys will ever see.

      as understood by any reasonable person

      There's nothing reasonable about using legal threats to keep me from presenting my own work in an interview process. No reasonable person could argue to change the interview process at a multibillion dollar international company.

      People who (legally and ethically) retain rights to their brain-work are either valuable enough that the person with the cash is willing to stipulate that going into the relationship, or risk-tolerant enough to start their own venture

      If I'm not valuable enough to retain my brain work then how is that valuable enough for a company to gain any intellectual property on it?

      --
      fast as fast can be. you'll never catch me.
    12. Re:So what are we going to do about these guys? by ScentCone · · Score: 1

      You're citing small fish to justify the scam set up by people who work with money in 1000x the amounts that the little guys will ever see.

      The word "scam" implies deceit or fraud, and I don't think you mean that. Otherwise, you'd have a claim against their lying during the hiring process. Sounds, though, like you know exactly what their requirements are, and you agree to it by working for them, so where's the "scam?" As for the 1000X issue: scale really doesn't matter, in principle. But in most larger companies (you said, multi-billion international, so let's go with that) there are virtually no projects that are rooted in a single individual. Projects for firms of that size are team efforts, to say the least. You're wrong about negotiation if we are talking a "rock star" hire, though. Those people wind up at multi-billion dollar companies through aggressive recruitment involving head hunters that make more for that one hire than most of us make in a year. Every aspect of high-level hires like that is negotiated. People who are not pursued that aggressively are hired into a team environment, where the projects, the technology, and the conceptual output of the team is company property.

      Sometimes team members propose internal projects and negotiate at that point for some piece of the action or rights to that work in the event they leave - and if that proposal strikes the right chord, and seems equitable, that can happen. The theory, again, is that the proposal is perceived as very valuable, and can't proceed without that person's participation... and hence the bargaining power. If that person can't pursuade the employer to see it that way, then it's either not that great an idea, or the person needs to work on the more entrepenurial end of getting someone else to pay his way while he develops his own pet project.

      There's nothing reasonable about using legal threats to keep me from presenting my own work in an interview process.

      Who cares if it's reasonable? If you agree to it, you agree to it. It's not legal threats, it's a reminder of your existing agreement. And of course, the interview process at large companies change all the time, interview by interview. HR people know how valuable top talent is, and if this issue comes up, and you've got something that valuable to offer (as the single, rock-star developer), then they'll adjust the process, or push you over to someone who deals with the non-standard hires.

      If I'm not valuable enough to retain my brain work then how is that valuable enough for a company to gain any intellectual property on it?

      Because the company may decide that you have just the skills that the company needs for the company's project and purposes. The company can't produce its work without skilled people, but a huge company isn't going to embark on any project that totally depends on one person's talent... unless that person is running the project, and is a rock star. And that person definately went through the recruitment process, and hammered out a suitable deal in the way you're talking about. Multi-billion dollar companies still boil down to smaller business units getting things actually done - and those teams go to HR and tell them what sort of person they want to hire. That drives the rules when it comes to negotiating, and that's where you can flex your muscle (or not) based on what you have to offer. You can be plenty valuable to the company, and the work coming out of your brain can still help them build something valuable (of theirs), but that doesn't mean they have to hold you in such esteem that they have to agree to something they don't want to do. It's their money, and they're buying what you're agreeing to sell. If you're implying that the only type of work you'd find rewarding would be with a huge, non-negotiating company (ugh), then you can't really complain about normal practices of those companies. Sounds to me, though, that you'd be better off at a mid-s

      --
      Don't disappoint your bird dog. Go to the range.
    13. Re:So what are we going to do about these guys? by SilverspurG · · Score: 1

      The word "scam" implies deceit or fraud, and I don't think you mean that.

      I do. I can't explain it very well. It's like walking into a casino. Everything looks so fun but you know, in the back of your mind, that the house never loses. Even if you walk out of the casino $100 up they know that somewhere, statistically, they will get their money back and so much more. It's similar to that. When you figure it out, hire an attorney, and I'll be happy to add my name to the list of claimants.

      Otherwise, you'd have a claim against their lying during the hiring process

      Legally I don't. I should. The Constitution protects inventors and creators (or is it authors and inventors? whatever). Why have the courts not ruled most employee agreements to be in violation of the Constitution? When you figure out how to put that, in legalese, and hire enough attorneys to make it stick, I'll be the first to add my name to the list of claimants.

      Who cares if it's reasonable?

      That's okay. I was going to bed anyways. Enforcement of legal power should always be within the realm of reasonable.

      --
      fast as fast can be. you'll never catch me.
    14. Re:So what are we going to do about these guys? by ScentCone · · Score: 1

      The Constitution protects inventors and creators

      But that means nothing if both parties enter into a more exclusive agreement. You have freedom of speech, but if you enter into a non-disclosure agreement, you're now obliged to honor it (or face the civil court consequences). If you happen to work for the federal government and breach such an agreement (like a security clearance), you're criminally liable.

      Here's the thing: you're forgetting about agreements entered into willingly by both parties. That trumps your constitutional rights (at least as a shield to civil damages), but only because you decided to let it.

      --
      Don't disappoint your bird dog. Go to the range.
    15. Re:So what are we going to do about these guys? by SilverspurG · · Score: 1

      if both parties enter into a more exclusive agreement

      As I pointed out earlier you never draw a line. How many of your basic rights can you sign away to an agreement made at a point of economic duress? For example... when running out of unemployment benefits? When employed part time and running out of options?

      You never draw a line. There are some rights which cannot be signed away. I happen to support a strict interpretation of the Constitution along with a full recognition of the ramifications of the 9th and 10th Amendment. When you find a group of attorneys that can win that viewpoint I'm right there with you.

      entered into willingly

      Mmmmmm... yes... willingly. What a simple term.

      --
      fast as fast can be. you'll never catch me.
    16. Re:So what are we going to do about these guys? by ScentCone · · Score: 1

      agreement made at a point of economic duress

      Are you implying that the person to whom you're applying for a job has caused you to be under duress? From the dictionary:

      1 : forcible restraint or restriction
      2 : compulsion by threat; specifically : unlawful constraint


      But you don't even have the job yet, and no one is forcing you to take it! There is no duress. Perhaps you mean "stress," as in, you're badly enough in need of money that you're now looking at jobs with conditions for which you wish you didn't have to settle. But, the smart IP guy who, under stress, takes a job selling lawnmowers or flipping burgers because he lost his last gig and can't find a (suitable) new one can claim the same thing: "I don't like the way this new job, which I have to have in order to eat, is using my brain!" Well, too bad! If McDonalds is underusing (or, in his opinion, mis-using) his brain, he should do something else. If he can't do something else, then he's got to take a deep breath and decide which he'd rather have: total ownership of the product of his thoughts, or his paycheck. If you want both, you've got to write your own paycheck. That's why so many small businesses are started every day in this country.

      If you're concerned about "signing away your rights" as you apply for a job, don't seek that job. The person/firm that's willing to pay you for your work isn't forcing you into that relationship - you can just walk away. You hold all of those cards. If you can't personally afford to walk away from a less-than-perfect (in your view) opportunity to work, then you see the need to compromise.

      How about looking at it from the other point of view, if you can? Say I'm growing my web systems business, and need bodies/minds to help hammer out my evolving software. Not enough hours in the day for me to do it myself, but I've got the cash to bring in more programmers. I'm in the position where I cannot compete, or grow my company - or perhaps even survive as a company - unless I make this change. Using your reasoning (not mine!), I'm "under duress" at that point... I have to act, or lose my business. So, I have to hire people... but gosh! They all insist that if I hire them, and pay them, that they still get to take what the company produces, and use it elsewhere. But: I don't want (or can't afford) to pay for something that can then be used by my competition, because that could also be the end of my little company, and thus of my living. So, who is "forcing" who into what position? Are you saying that the people I'm interviewing, on whom I'm going to depend to build my business, and to whom I'm going to give enough money to support their families, should retain the ability to take that for which I've just paid? How is that different, in any way, from hiring someone to physically build widgets, but having to do so under the condition that they can also take them home with them and sell them?

      If, on the other hand, I see so much value in hiring someone that I'm willing to allow for the possibility that they may one day leave, but that while they're with me, they are SO valuable that I'm willing to grant them rights to the company's output... then I must really see that person as valuable. As an employer, I must be committed to making that person welcome, and anxious to stay with me for the long haul, so that the company can capitalize on what's produced (partly through that person's efforts) long enough to make it worth it, even if that person eventually leaves, with that company output available for his use. If I'm a desparate enough company, the agreement will favor the employee in that regard. Does that mean that the employee is holding the employer in an unfair position? No. It means that the employer was in a weaker position and had to compromise. If it's the other way around, it's the other way around. That's called negotiating. If you can't ever find yourself in a strong negotiating position, then you've got to start to re-eval

      --
      Don't disappoint your bird dog. Go to the range.
    17. Re:So what are we going to do about these guys? by SilverspurG · · Score: 1

      no one is forcing you to take it

      That's unrealistic and unreasonable. Honestly, it's a stupid position that is only assumed by the most immoral people in society.

      If you're concerned about "signing away your rights" as you apply for a job, don't seek that job

      That's not the way it works. The Constitution specifically names inventors and creators as the people to be protected. Rights given by the Constitution cannot be signed away.

      They all insist that if I hire them, and pay them, that they still get to take what the company produces, and use it elsewhere

      That is entirely your problem to keep your employees satisfied and happy. If you piss them off then you accept the consequences. I'll not have my taxpayer dollars supporting your theoretical right to hamstring your fellow man.

      You're looking to have it both ways: control over something the company wants to control, and the company's money, too

      The company is using my tax money and my government to take rights which are granted to me by the Constitution. It's not my job to make you believe it.

      --
      fast as fast can be. you'll never catch me.
    18. Re:So what are we going to do about these guys? by ScentCone · · Score: 1

      How is it unreasonable to say that you are not forced to take any particular job? You're simply not! Has someone actually forced you into taking a job? I'd like to actually hear the details.

      the most immoral people in society

      are who? Those who think that interactions between people should be mutually agreed upon? I think that most immoral people people in society are those that want to dictate that other people do things they way they want them to, simply because they want it that way. Those people see businesses as some sort of naturally occuring resource that has something they want (money), but which should bend to their personal whims just because they show up and say "I want a piece of that, and I want it on my terms, and you, the person who created the business of which I want piece, don't have a say in how our relationship will work. Now start giving me money, and I'll work how, when, and for as long as I like, and take with me whatever I like when I leave." Actually, your orientation on this front is exactly like those totalitarian socialist governments that socialized private companies, corrupted them, ran them into the ground, and then were shocked that all the best people left the country and refused to be slaves. Those people just started up companies elsewhere, and the countries built on nationalizing and socializing businesses collapsed under the weight of all the people that never understood that those companies actually came from somewhere, and were built by hard working people that expected to be able to run their businesses without being subject to looting, piracy, and theft. When enough people in a country decide that you should keep running your productive company, but now you have to run it according to their whims, not yours - you've got the former Soviet Union, China, Cuba, Myanmar, and so many others. Ask anyone who has just come up for ecomonic air in eastern Europe if they liked the way that was working. They're now starting businesses like crazy, and fully expecting that if they pour their hearts and sweat into it, that they'll be able keep growing and not have other people chip away at them simply because - seeing success they couldn't produce on their own - they now want a piece of it.

      The Constitution specifically names inventors and creators as the people to be protected

      Right, and sometimes the inventors and creators are companies and teams of people, and those entities retain the rights to the creative output. Smart companies will seriously reward their creative talent, but smart people will realize that when they create something as a group, one particular person can't claim the group's ownership (unless they all agree to that). The constitution protects businesses, too, remember? Don't work for a business if you don't like that, start one!

      If you piss them off then you accept the consequences

      But is that only a one-way street? What if you hire someone to do something, and they, say, clumsily trash your file server... or deliberately do so. Or go on the web and broadcast your trade secrets to your direct competitors because they don't like the parking spot they got at the office (I've actually seen that happen). Is there no point where the actions of an employee are ever wrong? Can't you see that the rights of the company are also worth protecting? The company is people, too. Other people are working there, depending on the company's long term success to feed their families, too. One muddle-headed or malicious employee stealing IP can trash the careers of lots of people. Isn't it also up to the employees to look out for the company with which they are a part?

      The company is using my tax money and my government to take rights which are granted to me by the Constitution

      Where do the tax dollars come in? If, during the life of a contractual engagement, you take something that you personally agreed not to take, and the courts have to get involved to settle it, are

      --
      Don't disappoint your bird dog. Go to the range.
    19. Re:So what are we going to do about these guys? by SilverspurG · · Score: 1

      How is it unreasonable to say that you are not forced to take any particular job?

      It is unreasonable to think that you can take Constitutional rights away from anyone, by any means.

      Where do the tax dollars come in?

      Courts.

      during the life of a contractual engagement

      A contractual agreement does not supersede the highest law of the land. EULAs are no better.

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      fast as fast can be. you'll never catch me.
    20. Re:So what are we going to do about these guys? by ScentCone · · Score: 1

      How is it unreasonable to say that you are not forced to take any particular job? ... and you said:

      It is unreasonable to think that you can take Constitutional rights away from anyone, by any means.


      Nice cowardly way to avoid answering the question. And I'll ask again: how does entering into a contract with someone take away the rights of either party? There is no force, no fraud. If you and I enter into an agreement that says we'll form a company and work together on something, but only as long as the output from that work stays in the company, who is having their rights violated when you break that agreement? I am. The person who does not break the agreement is the victim, and has the constitution on their side. You're right about rights being sacred, but completely confused on how they apply to people entering into (and breaking) contracts.

      Where do the tax dollars come in?
      and you said "Courts."..."


      Which echos what I just said, so thank you for making my point. If you break a contract with someone, the courts do cost us all tax dollars to get involved. But that wouldn't happen if you didn't break your contract. So again, the person who is costing tax payers, and getting the government involved is the person who doesn't want to abide by the agreement they signed when they started taking money from a company.

      A contractual agreement does not supersede the highest law of the land.

      You are using the last resort of the debator that knows he's wrong: the false choice. Contracts and agreements are not mutually exclusive with constitutional rights. In fact, it's the presence of our constitution that allows us to enter into contracts with some expectation that they will be honored. Again, you are (very transparently) avoiding the issue that's at the heart of your original complaint: where is the force or fraud? If you haven't been forced, and haven't been defrauded, then the constitution's full and glorious framework helps in every way to enforce that contract. Because when you break it, you are the one that's being the fraud: you're not doing what you said you would, even as you took money under that guise. If you weren't intending to honor the contract, then you entered into with criminal intent... and I've got the constitution on my side. If you're saying that an employer tricked you into signing something by using words that were too long, etc., then maybe you've got a case, if you can demonstrate that their employment contracts are actually fraudulent... but the multi-billion dollar companies you talk about (without, I might add, actually naming one) would have been completely sucked dry by lawyers already if that were the case. It's more likely that you're trying to think up ways to get hired, take money, and then slither out of a contract later, pretending you didn't know better.

      You sure are avoiding the rubber-meets-the-road difficult aspects of your argument. Platitudes about "you can't take rights away" aren't even part of the discussion unless you're willing to acknowledge that both parties in a contract have rights. You want the money and all the rights - which makes you... well, pick your own label, and we'll see if it's accurate. I noticed you've forgotten about your mis-use of the word "duress," so let's see what you come up with next.

      --
      Don't disappoint your bird dog. Go to the range.
    21. Re:So what are we going to do about these guys? by SilverspurG · · Score: 1

      Nice cowardly

      Oh good. A troll.

      how does entering into a contract with someone take away the rights of either party?

      A contract cannot supersede the Constitution.

      who is having their rights violated when you break that agreement?

      The contract was never legal because it's in violation of the Constitution.

      In fact, it's the presence of our constitution that allows us to enter into contracts with some expectation that they will be honored

      Read the 9th and 10th Amendments. The federal government has no power to reassign rights which are assigned to the people based upon contracts.

      No amount of insult, no amount of laws, and no amount of brute force can legitimize something which is unconstitutional.

      --
      fast as fast can be. you'll never catch me.
    22. Re:So what are we going to do about these guys? by ScentCone · · Score: 1

      Oh good. A troll.

      This from the guy that, while trying to establish his credibility on this subject calls me "stupid" and "immoral"?

      A contract cannot supersede the Constitution

      But it doesn't have to supersede the constitution in order to be valid. The constitution doesn't lay out every right, it talks in terms of the government's limitations in limiting those rights.

      The contract was never legal because it's in violation of the Constitution

      But thinking that's true (show me an example, by the way), you would sign it anyway? Meaning, you're looking at the spirit and intent of a contract with a person from whom you want to take money, and you're going to sit there like a child crossing his fingers behind his back so that you can make yourself feel better about deliberately abusing the person with whom you're entering into that contract? You talk a lot about what's ethical, but would actually take money from someone while planning, at a later date, to weasle out of a clearly written contract? Gosh, your integrity astounds. Never mind your interpretation of the constitution or its ramifications within contract law: you're talking about being a good old fashioned cheating fraud, and cloaking yourself in your interpretation of the constitution to make yourself feel better about it.

      The federal government has no power to reassign rights which are assigned to the people based upon contracts.

      Exactly! Thank you again for making my point. The federal government has no influence on contracts in that context. Two people have sat down and assigned each other certain rights and obligations in a contract, and outlined the agreed-upon consequences for violating that understanding. It's a personal, mano-a-mano agreement, and thank goodness it's not the federal government's duty to wade into every one of them. But: when one of those two parties, who have clearly hashed out what each of their rights are, decides to break that contract, the government (the courts) can be asked to get involved. Not to "re-assign" rights but to uphold them, and to present the contract to a jury (people!) and ask: "Do you read this contract the same way that the plaintiff does?"

      No amount of insult, no amount of laws, and no amount of brute force can legitimize something which is unconstitutional.

      Like, say, drinking alcohol? Study your constitutional history a bit. But in principle that statement is reasonable. What's unreasonable is that you're trying to apply it to a personal agreement between two parties, entered into specifically so that both parties can gain some mutually agreed-upon outcome.

      As for "insult," we'll ignore your urge to trot out "stupid" and "immoral" in the absence of a cogent argument based on reason. As for "brute force" - you keep failing to mention whose using force and/or provoking it:

      Multiple parties produce something under a contract of joint ownership. One party says, "I'm now going to break that bond, and take this away with me, because even though I committed to the joint ownership of the product, I'm not going to honor that commitment." Who is forcing the issue? If the contract-breaking party cannot be verbally pursuaded to honor the contract, what's left?

      Anser me this: if we agree to team up on mowing a lawn, for a total of $20, and at the end of the job I decide to not split the proceeds with you, saying I never really meant to honor the spirit of the relationship - what is your response? How do you handle it? How do you handle it when it's happened to you 20 times in a row?

      --
      Don't disappoint your bird dog. Go to the range.
    23. Re:So what are we going to do about these guys? by SilverspurG · · Score: 1

      But it doesn't have to supersede the constitution in order to be valid

      If it supersedes the Constitution it is invalid.

      The constitution doesn't lay out every right

      Incorrect. According to Amendment 9, the Constitution does indeed lay out every right that the Federal Government has. With respect to intellectual property, the Federal Government has the right only to protect inventors and creators. It does not have the right to back employee agreements.

      Two people have sat down and assigned each other certain rights

      It's obvious you don't work in an industry with intellectual property. There isn't a single employee agreement which details any rights of the employee. That, in and of itself, is enough to raise suspicion. A contract cannot supersede the Constitutional rights retained by inventors and creators.

      Multiple parties produce something under a contract of joint ownership

      Joint ownership means it's still part mine, too.

      --
      fast as fast can be. you'll never catch me.
    24. Re:So what are we going to do about these guys? by ScentCone · · Score: 1

      If it supersedes the Constitution it is invalid

      Except that when you explicitly choose to waive your claim to something (usually, in exchange for something else, like your paycheck), and that's the end of it. The 9th and 10th amendments, no matter how many times you cite them, have nothing whatsoever to do with agreements that individuals make between each other. If you agree to something, you agree to something. If you breach that agreement, you expose yourself to the consequences. Simple. The consitution doesn't in any way govern a contractual relationship you and I have between ourselves, or any agreements that we make. What the constitution governs is the government. You can't talk about a personal contract superseding the constitution, because it simply doesn't apply when all parties are acting of their own volition. What it does do it delegate negotiating/legal authority to the states, and if not to them, to the people involved. If your state doesn't talk about what sort of contract you can write between two private parties, or doesn't address specific types of contracts, then the nature, authority, reach, and ramifications of those contracts are defined by the parties that sign it. In the case of a breach of that contract, it's off to the local state government for most civil issues that arise.

      Incorrect. According to Amendment 9, the Constitution does indeed lay out every right that the Federal Government has. With respect to intellectual property, the Federal Government has the right only to protect inventors and creators. It does not have the right to back employee agreements.

      OK, here we go. First, the text of the ninth amendment:

      "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

      Meaning, the constitution can't possibly discuss all of the potential variations of contracts between two parties, but that doesn't mean that those contracts are invalid. A contract between an employer and an employee is just that: a contract, a mutual agreement. If you lie when you sign that agreement, you're up against the same penalties that any lying, fraudulant person faces. If I hire you, am I suddenly not a person with rights? You seem to think the constitution applies to you, but not to me. How about, it applies to all of us, and it's up to all of us to enter into contractual relationships that we understand, and then to actually honor those contracts.

      It's obvious you don't work in an industry with intellectual property. There isn't a single employee agreement which details any rights of the employee. That, in and of itself, is enough to raise suspicion. A contract cannot supersede the Constitutional rights retained by inventors and creators.

      Let's take those one at a time:

      it's obvious you don't work in an industry with intellectual property.

      Wrong. I write software and build web content for a living. I have software to which I've retained my rights, and I've also been hired by the hour to produce software for other people. I've been doing this sort of work for about 15 years, and have been a party to perhaps 100 contracts. Since you seem to know so much about me, I'm surprised you didn't know that.

      There isn't a single employee agreement which details any rights of the employee.

      Um, how about my current one, and the past several? The older I get, the smarter I am about making sure the contract does cover those issues that I think are important, including my rights to discuss the nature, and in some cases the particulars of projects that I've designed and or executed for the company or the company's customers. My current contract has about a page and half that expressly outlines my rights to certain IP that I championed or otherwise produced, but limits the manner in which I can use it to compete with my employer, should I leave. I've had other contracts where even t

      --
      Don't disappoint your bird dog. Go to the range.
    25. Re:So what are we going to do about these guys? by SilverspurG · · Score: 1

      Except that when you explicitly choose to waive your claim to something

      First, there's nothing explicit in an employee agreement. It's all vague references to something you might do in the future. Second, you cannot waive your Constitutionally protected rights. It's not possible. Anyone who thinks it is just bought the Brooklyn Bridge.

      the constitution can't possibly discuss all of the potential variations of contracts between two parties

      Are you daft?

      "The enumeration of the Constitution" The interpretation and implementation of this document
      "of certain rights" Of the rights given to the Government
      "shall not be construed to deny or disparage others retained by the people"

      There will be no interpretation of the Constitution to give the federal government any rights which are retained by the people.

      I suppose you don't know which rights are retained by the people. Read Amendment 10. The Constitutional authors were very explicit in their declaration of,"this is all the federal government does. No more."

      My current contract has about a page and half that expressly outlines my rights to certain IP that I championed or otherwise produced

      I knew long ago you were preaching from an elevated level, shouting down your taunts and insults because you happen to be in a priveleged position. It's no wonder your arguments have been heavy handed. I'm happy for you. *clap* *clap* *clap* You have an easier life.

      --
      fast as fast can be. you'll never catch me.
    26. Re:So what are we going to do about these guys? by SilverspurG · · Score: 1

      answer this: Do you consider honorable agreements between two people to be worth anything, and to actually mean what they say?

      Any agreement is terminated the moment you piss me off. If I find out that you've been borrowing my money to help your friends harass me you've just pissed me off. If I find out that you've been giving me impossible yearly goals so that you can amuse yourself beating me up at performance review time you've just pissed me off. If I find out that you've been paying me about half what someone else makes to do the same job you've just pissed me off.

      See. Companies just wouldn't go for that if I added a section of,"Conditions under which you'll piss me off." They wouldn't understand why it's not their right to do those things and why I do have a right to be pissed off.

      On top of that. I voted.

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      fast as fast can be. you'll never catch me.
    27. Re:So what are we going to do about these guys? by ScentCone · · Score: 1

      First, there's nothing explicit in an employee agreement. It's all vague references to something you might do in the future.

      No non-disclosure or similar agreement can possibly be specific about all of your possible future actions, so they are drafted in in general terms on purpose. How would you write a contract that protects what you want protected when you provide someone else with a certain amount of trust? That's why such agreements speak in terms of not doing each party harm. It's up to a jury of your peers, if it ever comes to that, to decide what rises to that level. Employers are very often on the short end of that stick, and I've seen more than one lose out when badgering former employees.

      rights given to the Government

      Exactly. That's what the constitution talks about: the "rights" (limitations, really) of the government. Again, this has no bearing at all on what individuals agree to with each other. None. If you choose to take money from someone with the understanding that you won't divulge IP, then that's something you've chosen to do. If you don't live up to that, how can you complain about having to answer for it? Likewise, if the employer doesn't live up to their end of the employment agreement, they are also liable. You can't mean that if an employer decides to bounce your paychecks that you don't think you should have recourse.

      As for your comment on the 10th amendment:

      this is all the federal government does. No more.

      Right! That's why you and I can write up a contract between us however we both see fit. We have that right, and use it every day as we participate in the economy. You enter into contracts with the muffler shop, your life insurance company, and so on. These are not acts of the federal government, they are acts between private citizens. If you engage a CPA to do your taxes, and stipulate that the CPA may not divulge your personal information, you've got a very good case if the CPA breaches that contract. It's no different. Likewise with a lawyer that's working on your IP copyright/patent, or anyone else that you hire to work for you. You have every expectation (and legal recourse) if that party divulges your private info against the terms of your contract with them, the first amendment and tenth are silent on that, because you have a willing contract that says so.

      I knew long ago you were preaching from an elevated level, shouting down your taunts and insults because you happen to be in a priveleged position. It's no wonder your arguments have been heavy handed. I'm happy for you. *clap* *clap* *clap* You have an easier life.

      Do you even hear yourself talk over that whining noise? I've worked my ass off for decades to make a living in this industry. I'm just one of 300 employees, and way down the food chain. I live in an area with an excruiatingly high cost of living, and five figures barely covers rent and a car in a place where 2-bedroom townhouses cost $450k. My current company has been through several mergers, and barely survived the dot-com damage. We get no bonuses, and have had no raises in years. How I'm doing? Sound like "privileged position" to you? It's not an "easier" life: I work 6 to 7 days a week, usually in the 60-80 hours neighborhood, not counting anything I do on the side. Like everyone in this business, I'm working hard to be in a position where a solid windfall for my employer is good for me, too. That means understanding that only things that are good for the company can translate into better pay for its staff, and that the bottom line counts. It's a fiercely competitive industry, and one person choosing not to do what they promised can ruin a company.

      I noticed you chickened out and didn't respond to my last question about whether you consider and agreement between two people to actually mean anything. Has it occurred to you that one of the reasons you so hate the prospect of working for a large company, even a

      --
      Don't disappoint your bird dog. Go to the range.
    28. Re:So what are we going to do about these guys? by SilverspurG · · Score: 1

      How would you write a contract

      I wouldn't.

      That's why you and I can write up a contract between us however we both see fit.

      You cannot give up a Constitutionally guaranteed right in a contract. Anyone who believes you can just bought the Brooklyn Bridge, a second time.

      I've worked... I've just... I live... barely covers... barely survived... we get no... no raises.... I work... It's a fiercely competitive industry...

      Wah.

      I noticed you chickened out and didn't respond to my last question

      It takes you so long between posts that I came back to it after a cup of tea and a few moments of thought.

      --
      fast as fast can be. you'll never catch me.
    29. Re:So what are we going to do about these guys? by ScentCone · · Score: 1

      Any agreement is terminated the moment you piss me off.

      No, an agreement is terminated when you do something that breaches the agreement. If the agreement is "at will" and you can walk away (as most employment contracts are), then you've got that right, certainly. Otherwise, not liking the way things are going isn't exactly a breach. There are certainly plenty of managers that will terminate an employee (my boss is one of them) if he doesn't like your attitude. That sounds capricious, but that's the way he is.

      If I find out that you've been borrowing my money to help your friends harass me

      What the hell are you talking about? Looting the pension fund to pay lawyers to pursue questionable employees on their way out the door? Please, must tech companies have much more important pursuits. But, spend company money to find out who, for example, leaked the source code for Half Life 2? You betcha. Bad example, that was a hack... but you get the idea.

      giving me impossible yearly goals so that you can amuse yourself

      Oh, brother. Every place I've worked for the last 10 years has asked me to write the goals, and then management (I'm not management, by the way) will, during my review, talk to me about whether they're reasonable or not, and we'll both agree on them before they're set for the coming year. Why would you want to work someplace where your boss is that much of an ass? There are thousands and thousands of tech jobs out there, and the truly insane bosses don't last long - so if they're being that idiotic, quit or go over their head and solve the problem. I've done both.

      You talk a lot about your rights, and then say that employers don't have the "right" to behave like idiots when they manage employees. Note that I'm not talking about illegal behavior, just stupid behavior, like baiting people in reviews, etc. (see above). But they do have the right to act that way, and you have the right to get up and leave. And companies like that tend to hemorrhage talent, and end up folding, usually with a whimper. Or, the bad managers get the boot. The employees in my company have a direct line to the regional VPs and even to the CEO if they ever come across managers like that. Managers that act like they're in a high school click are fired in a New York minute.

      Glad you voted. I did too, even though my state's idiotic population tends to nullify it by the time the electoral votes are counted.

      --
      Don't disappoint your bird dog. Go to the range.
    30. Re:So what are we going to do about these guys? by SilverspurG · · Score: 1

      even as you expect other people to do what you want, or you will get "pissed off."

      You didn't read the conditions. Which of those conditions listed is out of line? Why don't we talk about this until we can reach a mutually beneficial agreement?

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      fast as fast can be. you'll never catch me.
    31. Re:So what are we going to do about these guys? by ScentCone · · Score: 1

      Saw it, and responded. Sorry, I'm writing to you in between lines of good old fashioned ASP code for a client.

      --
      Don't disappoint your bird dog. Go to the range.
    32. Re:So what are we going to do about these guys? by SilverspurG · · Score: 1

      you have the right to get up and leave.

      And, when I get up and leave, the Constitution guarantees me the right to retain, for limited time, the exclusive right to their respective writings and discoveries. Any employment agreement which attempts to dictate what I can or can't do with my respective discoveries (such as present them in a subsequent interview) is in clear violation of the Constitution.

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      fast as fast can be. you'll never catch me.
    33. Re:So what are we going to do about these guys? by ScentCone · · Score: 1

      We're not talking about whether your expectations are reasonable or not, we're talking about the nature of contract law, IP, non-disclosure agreements, and how the constitution does or doesn't apply. If I worked for someone who actually acted the way you described, I'd quit too. But I sure wouldn't give them the pleasure of breachint the IP clause of my contract so that they could roast me alive.

      --
      Don't disappoint your bird dog. Go to the range.
    34. Re:So what are we going to do about these guys? by SilverspurG · · Score: 1

      we're talking about the nature of contract law, IP, non-disclosure agreements, and how the constitution does or doesn't apply

      Please. Think for a moment. The Federal Government derives its legitimacy from the Constitution. Anything not in the Constitution, or forbidden by the Constitution to the feds, is "offtopic". Contract law and IP law, passed by the federal government, cannot violate Amendment 9. Contract law and IP law cannot enumerate the Constitution such as to grant the feds additional rights. Their rights (and responsibilities) are limited to securing to authors and inventors. Those rights cannot be transferred, sold, given up, or otherwise dictated by anyone by the original author or inventor.

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      fast as fast can be. you'll never catch me.
    35. Re:So what are we going to do about these guys? by ScentCone · · Score: 1

      I wouldn't

      But you do, every time you pay a plumber, rent an apartment, or visit the doctor. Every one of those occasions involves you hiring someone under a contract. The only reason we can all avoid having to actually write those from scratch every time is because workable ones have evolved over time, and stick.

      Wah? You're the one that's moaning, here! That's not much of a retort, considering you were so happy to refer to my "privileged" position in my "easy" life.

      You cannot give up a Constitutionally guaranteed right in a contract.

      Except, each party in a contract agreeing not to harm the other through a specified range of actions is not giving up any of your rights. It's defining additional rights. You don't have to right to sue some muffler shop just becuase you want money. But once they're under contract to you, and scratch the paint on your hood, you've got the terms of your contract to enforce. Likewise, they've got their terms to enforce if your check bounces. Do you think people would risk careers or millions of dollars on new projects if there was no way to pursue people who deliberately damage either? These are rights that you're defining in your agreement, but they only mean something if both parties agree.

      --
      Don't disappoint your bird dog. Go to the range.
    36. Re:So what are we going to do about these guys? by SilverspurG · · Score: 1

      rent an apartment

      I treat my rental agreement like I treat my employee agreement. So far my landlords and I haven't had problems so it's never been an issue. I'll never make it an issue because I'm fair and logical and would never do wrong to my landlord unless he did something which was far beyond wrong first. Then it becomes a matter for the courts. But he has more money than I do so I'm automatically at a disadvantage unless I've been completely obsessed with keeping telephone records on every call with my landlord or visit to their office. I work for a living. Even if my landlord started screwing me over, I wouldn't waste the time compiling evidence against him. I'd get the heck out of Dodge. If he comes after me well, life sucks. He's never going to be that important to me.

      Except

      There is no except. I pay federal politicians to rule this land in the manner empowered to them by the Constitution. The moment they step outside of that legally empowered realm they have no further authority.

      It's defining additional rights.

      There are additional rights, but you cannot redefine a function without first clearing it. The states would have the power to individually encode, through their State Constitutions, amendments, and laws, additional rights retained by employers. I was speaking of the feds. Most states don't address these issues in their state charters. The individual localities (counties and cities and villages) are free to further redefine those rights within their political borders.

      It's a multi-tiered government... or did everyone forget about that after the North took a big club to the Southern states?

      --
      fast as fast can be. you'll never catch me.
    37. Re:So what are we going to do about these guys? by ScentCone · · Score: 1

      the exclusive right to their respective writings and discoveries

      Bit of a Freudian slip here? It is their property, writings, and discoveries if they were produced under a contract that stipulates that.

      --
      Don't disappoint your bird dog. Go to the range.
    38. Re:So what are we going to do about these guys? by ScentCone · · Score: 1

      There's no way that the states can or should think through (let along legislate) everything that might need to govern the relationship between two private parties. That's exactly what contracts are for: to cover the ground that traditional laws/regs don't. We are a multi-tiered government, and indiviuals (along with their mutually agreed upon covenents and agreements) are one of those tiers. The single most important one.

      As for your rental agreement, and the unlikeliehood that you'd bother with a major snotting contest over your landlord's behavior... right. That's how most huge companies feel about employees, too. But when millions of dollars are at stake, the contracts are there to make that day in court (regardless of which party is the plaintiff) a lot more clear and to the point. So clear and to the point that you hope to avoid it ever going that far.

      --
      Don't disappoint your bird dog. Go to the range.
    39. Re:So what are we going to do about these guys? by SilverspurG · · Score: 1

      Quoting slip.

      You're completely out of context. If you'd even been reading the Constitution you'd recognize the language straight out of the document.

      The feds set legal precedent. Many, many years ago a federal court should've said,"Sorry. We can't rule in favor of the company because we have no jurisdiction outside the realm of protecting the original inventor, author, or creator. Case dismissed."

      Just google for it... "employee agreement" "federal court" "supreme court". Mix and match the first one with the other two. Just read across all the judgements which uphold employee agreements contested by companies. Every one of those is used as precedent in cases being heard at the local and state levels. Every one of those is contributing to unfair business practices by enforcing a power that the Federal Government doesn't even have.

      --
      fast as fast can be. you'll never catch me.
    40. Re:So what are we going to do about these guys? by SilverspurG · · Score: 1

      There's no way that the states can or should think through (let along legislate

      At least you recognize it's not their responsibility.

      IP suddenly becomes quite limited and a lot more friendly (to individual employees... maybe not above a certain level but certainly to the numerical majority of employees) when the government quits backing the corps in every decision. That's the way that it should be.

      --
      fast as fast can be. you'll never catch me.
    41. Re:So what are we going to do about these guys? by SilverspurG · · Score: 1

      But when millions of dollars are at stake

      If millions of dollars were at stake, perhaps they should've tried to buy off the pissed off employee. I'm certain that something like a $250k bonus would've shut him up quick. It wouldn't have taken his rights away, but I bet a $250k bonus is enough to keep anyone happy long enough to work out whatever the problem is.

      Besides. Then we'd have more "frivolous" lawsuits of all the middle-aged laborers who've gotten their butts kicked in non-union or small union shops. We'll get more guys starting bowling alleys, and hot dog stands, and pubs with good beer and decent tables... and less of these lame-o's driving around in big SUVs always thinking about the next golf course.

      I'd rather have an open air pool hall than a golf course any day.

      --
      fast as fast can be. you'll never catch me.
    42. Re:So what are we going to do about these guys? by ScentCone · · Score: 1

      At least you recognize it's not their responsibility.

      But that's what I've been saying the whole time: it's not up to government at any level. It's up to two private parties to decide under what rules they're going to conduct their interaction. You turn to the governemt (state, etc) to back you up when someone turns out to have been lying about their agreement.

      Individual employees pretty much can not produce IP that's worth millions of dollars in a typical IT setting. Not counting famous authors and musicians, etc., there isn't a lot of high-dollar IP that a company will work to box in, that isn't made by a team of people. That team wouldn't exist, and wouldn't produce that fully formed IP without the company's structure and cash. When everyone involved understands the totality of the relationship, everyone benefits. Smart companies make successful teams financially successful so that they won't leave. That cash flow is intended to make up for the absence of the personally rewarding "I own it all" IP urges that we can all have.

      --
      Don't disappoint your bird dog. Go to the range.
    43. Re:So what are we going to do about these guys? by SilverspurG · · Score: 1

      You turn to the governemt (state, etc) to back you up when someone turns out to have been lying about their agreement

      You can't use your government as your enforcer. The government is limited in its power. It can't enforce your artificial contract powers for you. It does not have that power.

      "I own it all" IP

      I'm sorry, I didn't realize your ailment. Fortunately I do not suffer from the same ailment. I treat my employer like I treat my landlord. I wouldn't do anything to violate anything unless they first had crossed the line. I give a real generous line. If they crossed it then you'd better believe they have no business coming at me. My government should be protecting me from that.

      The hiring process? With letters of recommendation and reviews and corporate progress reports? That should be racketeering. The companies are free to do it, but don't be surprised if the government is standing there to enforce the citizen's right to bust up someone's social clique.

      --
      fast as fast can be. you'll never catch me.
    44. Re:So what are we going to do about these guys? by ScentCone · · Score: 1

      You can't use your government as your enforcer

      If you don't, then you have to what... hire hit men? The courts are the only rational place to hammer out contract disputes if basic jawboning and arbitration fails. If your landlord keeps taking your money, but doesn't deliver something (repairs, hot water, whatever), then you have to have some recourse. Just ceasing to do business helps, but you may be out money that you should get back. When this involves millions of dollars, you have to be able to have an entity enforce the terms of the contract. If you're found to be the victim, and you're out a bunch of cash, it could literally come down to force to get the person who owes you to pay up. If you don't use the courts, then you're left with Guido The Killer Bill Collector, and it's 1930 Chicago.

      Don't get me wrong: I'm more than happy to lock and load on my own behalf when personally threatened, but larger entities with large dollars at stake can't carry on like the mafia - it doesn't work.

      Personally, if I can't get a letter of recommendation that actually jives with a human I can talk to, I've got to wonder what someone is hiding. I'm not just talking about employees either - any party you are going to enter into a relationship with. You do realize that companies, even sizeable corporations, must also provide references to people that are going to hire them, right? There's too much at stake to simply take someone's word for it that they're the perfect hire. If there weren't so many people out there who lie about their talent, achievements, their education, the English skills, etc., it wouldn't be such a bitch to get a job. But they're out there, and you have to have some way to wade through them and find people who actually are who and what they say they are. I once sat in on the process of trying to fill a particular dev job, and we pawed through hundreds of resumes, conducted dozens of calls and interview before hiring someone. Do you know how many hours that takes? In our company, we bill out an hour's consulting at around $150/hour. If our time is even half that valuable, then the hiring process cost us several thousand dollars. And it's worth it, because if we just hire the first person that says they are the right thing, and can't follow the trail to prove it, then we risk an expense few weeks of wasted intro/training, and possibly damaging relationships with our clients when we present someone who isn't up to the job.

      What's not to like about asking someone who is asking you for a salary to indicate in advance that they're worth the money and the risk?

      --
      Don't disappoint your bird dog. Go to the range.
    45. Re:So what are we going to do about these guys? by SilverspurG · · Score: 1

      then you have to what... hire hit men

      Do a better job of keeping your coworkers happy. Don't ask me how unless you're going to pay me consulting fees. If you can't keep your group in a cooperative mood that's your problem. If that means that someone's decided to outright leave then the company should take a more placating role. They should not assume they can receive government backing.

      When this involves millions of dollars

      Deja vu. I see... I see... something about,"If it involves millions of dollars then a $250k bonus will very easily hold back someone's temper until you can work it out."

      Personally, if I can't get a letter of recommendation that actually jives with a human I can talk to, I've got to wonder what someone is hiding

      Indeed. So why didn't the former manager send one? Oh well. Better not hire this guy.

      That's racketeering. In the absence of information, information is passed, and it's all bad about the guy who needs a job.

      There's too much at stake

      A single year's salary? Oh no!

      Do you know how many hours that takes?

      Set up a flawed system and complain it doesn't work? It's not my problem that the hiring process is completely out of order.

      then the hiring process cost us several thousand dollars

      So why didn't the former manager send any letter of recommendation? Man that's gotta tick that interviewee off to know that he's missing out job offers just because his old manager won't even send a letter.

      --
      fast as fast can be. you'll never catch me.
    46. Re:So what are we going to do about these guys? by ScentCone · · Score: 1

      You've got a very myopic view of this stuff. You want the income that a company can give you, but you don't want the company to be able to look out for itself and its people.

      Is there any room in your view of the workplace for the possibility that some employees are bad, and deliberately steal things? I used to work in IT for a large retailer. The amount of theft (of goods, customer data including credit cards, etc) was staggering. Most often, by people who had just been hired. I'm talking about people who took the job specifically to steal goods, services, and in some cases data. So you're thinking, "oh well, water under the bridge." And you suppose that those same people, while waiting trial perhaps, should be able to just go onto the next retailer and take another job without that new employer being able to check into the situation?

      You talk at length about how important it is to keep the employees happy, but never about the converse: how it's just as important for the employees to live up to their obligations on the job.

      A single year's salary? Oh no!

      So, a single year's salary is no big deal? In some departments (of, say, five people), one year's salary for one person, or the loss of revenue because of one bad hire, is the difference between the rest of that department's staff getting or not getting a raise or a bonus. The person who runs that team is responsible for the department's bottom line, and must be able to determine if the person she's about to hire is actually worth the risk (which goes way, way beyond that person's salary). In smaller consulting companies, mistakes like that can actually destroy the busines, permanently.

      Oh, and:

      racketeering
      Pronunciation: "ra-k&-'tir-i[ng]
      Function: noun
      1: the extortion of money or advantage by threat or force
      2: a pattern of illegal activity (as extortion and murder) that is carried out in furtherance of an enterprise (as a criminal syndicate) which is owned or controlled by those engaged in such activity

      A guy who's trying to hire a programmer is not extorting, or otherwise criminally acting when he asks you for a letter of reference - he's trying to save a bunch of time and money. You're suggesting that the new guy you're trying to get to pay you a living is somehow in cahoots with the guy you're leaving? The odds are they don't know each other, and that the only place that particular conspiracy lives is in your own mind. I 'm guessing that while you'd be happy to borrow money from a bank to finance a car or a house, you don't think they should be able to look into whether or not you're a risk.

      --
      Don't disappoint your bird dog. Go to the range.
    47. Re:So what are we going to do about these guys? by SilverspurG · · Score: 1

      You want the income that a company can give you, but you don't want the company to be able to look out for itself and its people

      A company is not an author or inventor. It knows that. There's no secret here. Companies should be more attentive to their employees need to prevent a problem from getting to the point where they may lose out.

      Life sucks. Why should a company have it all in the bag?

      Is there any room in your view of the workplace for the possibility that some employees are bad, and deliberately steal things?

      I've never met an employee who was out to hurt the company. If they exist it's up to the company to figure it out. IP law was not created as a crutch for the hiring process.

      how it's just as important for the employees to live up to their obligations on the job

      Is there room for the possibility that many managers place unreal obligations on their subordinates in order to make themselves look good through the effort of an expendable underling?

      Look. The door swings both ways. Both parties have many things to consider. The company, however, cannot expect to use IP rights as its bludgeoning stick. It'll just have to figure out a better way of solving workplace problems.

      Oh, and:

      Spare me the dictionary.

      You're suggesting that the new guy you're trying to get to pay you a living is somehow in cahoots with the guy you're leaving?

      Perhaps the computer industry simply hasn't matured to this level. Every other industry has. There's a certain amount of protectionism for the managerial staff. It has nothing to do with being in cahoots. It's a general principle: the management is never at fault in any situation which results in the loss of an employee. While this isn't (in reality) true, it is carefully guarded to protect companies from lawsuits. But if companies are so iron fisted that they don't budge an inch whne there's something obviously wrong, to the point where they may lose IP and employees, why should they be immune to a wake up call?

      you don't think they should be able to look into whether or not you're a risk

      The bank has no real risk. Screw 'em.

      --
      fast as fast can be. you'll never catch me.
  46. Commercial Piracy ONLY nned apply here by Bodysurf · · Score: 3, Interesting

    I have no problem with criminal laws regarding piracy and IP as long as those are only for people who are doing it FOR PROFIT AND (not or) ON A MASS SCALE.

    So factories in China silkscreening counterfeit DVDs that are being stamped out and sold apply.

    BUT, the law needs to be very clear and unambiguous that it can't be used against someone uploading for free on BitTorrent or just selling a couple copies to his buddies. Those violations need to remain solely in the realm of civil litigation. The government should not be in the business of enforcing IP rights.

    1. Re:Commercial Piracy ONLY nned apply here by fishbowl · · Score: 2, Insightful

      "BUT, the law needs to be very clear and unambiguous that it can't be used against someone uploading for free on BitTorrent or just selling a couple copies to his buddies."

      Why not? Do you realize that the doctrine of equal protection makes your desire completely unfeasable (any such law would be unconstitutional!)

      --
      -fb Everything not expressly forbidden is now mandatory.
    2. Re:Commercial Piracy ONLY nned apply here by Anonymous Coward · · Score: 0

      I really don't see how that docotrine applies here.

      By your logic, laws that help the handicapped and disabled would be unconstitutional because they only apply narrowly.

    3. Re:Commercial Piracy ONLY nned apply here by 99BottlesOfBeerInMyF · · Score: 1

      Why should China enforce IP law at all? They are doing no more than Americans did, disregarding the IP of Europe, during America's own industrial renaissance. The result was that the world surged forward technologically. Perhaps an economic boom in China will again pull the world forward. Perhaps the whole concept that intellectual property monopolies enforced by governments promote the creation of new ideas, art, and technology should be reexamined.

    4. Re:Commercial Piracy ONLY nned apply here by fishbowl · · Score: 1

      You're not going to get your wish, where it's legal for some operators to get away with some specific crime for which others can be prosecuted. I'm not even going to bother with your red herring about handicapped people.

      Now, certainly the penalties for such a law can be scaled to represent the magnitude of the offense (and that is the situation today, at any rate). But you would like impunity for yourself to take actions that others would be prosecuted for. That won't fly. (What makes you special, to be entitled to different rights from everyone else?).

      --
      -fb Everything not expressly forbidden is now mandatory.
    5. Re:Commercial Piracy ONLY nned apply here by xgamer04 · · Score: 1

      ... equal protection makes your desire [unconstitutional]

      No, it doesn't. What you're saying is that (for example) anyone caught with drugs should be prosecuted with "intent to sell".

      --
      When you look at the state of the world, how can you not become a radical, liberal anarchist?
    6. Re:Commercial Piracy ONLY nned apply here by fishbowl · · Score: 1

      You're saying that some people caught infringing copyright should get off, while others should be prosecuted. Has nothing to do with drugs, stop fishing for red herrings.

      --
      -fb Everything not expressly forbidden is now mandatory.
    7. Re:Commercial Piracy ONLY nned apply here by xgamer04 · · Score: 1

      no, I'm not. I'm saying that people who are arrested for small-scale personal copyright infringement should not be charged under criminal sentences like those who make a living off or piracy should be.

      My example was stating that if someone was found doing one thing, they should not be charged with another. What you suggested in your parent post is that it is unconstitutional to write laws that set different penalties that are dependent upon the severity of the crime.

      About the drugs, maybe you didn't see the part of my post that said FOR EXAMPLE. I understand that copyright law and drug law are completely different. Stop fishing for convenient excuses to undermine solid arguments attacking your flawed ones.

      --
      When you look at the state of the world, how can you not become a radical, liberal anarchist?
    8. Re:Commercial Piracy ONLY nned apply here by Alsee · · Score: 1

      legal for some operators to get away with some specific crime for which others can be prosecuted

      While I think ALL infringment should be a civil matter, what you are claiming is incorrect. In fact CURRENT use law is that copyright infringment is only a criminal matter when: "Any person who infringes a copyright willfully either-- (1) for purposes of commercial advantage or private financial gain, or (2) ...which have a total retail value of more than $1,000". And there is abslutely no reason they couldn't drop part (2).

      Your equal protection argument is nonsense. The crime would be willfully infringing a copyright for commmercial gain. That criminal law would apply equally to everyone. Someone not commercially exploiting the work simply would not be commiting a crime.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  47. It wasn't my fault! by maggard · · Score: 1
    US To Push Criminalization of IP Violations
    I blame a bad DHCP server!

    Am I the only one who didn't switch mental gears from networking fast enough and initially parsed the headline as a referring to a different "IP"?

    --
    I don't read ACs: If a post isn't worth so much as a nom de plume to its author then I wont bother either.
  48. Re:I Welcome by Anonymous Coward · · Score: 0

    What, you're thinking of having this slogan tattooed on your backside?

  49. This is not P2P by brw215 · · Score: 2, Interesting

    I think Don Evans was not talking about people downloading music. I think he was speaking about companies in China who pirate software, movies, machine part designs, etc... and then sell them.

    It is selling it that makes it different than downloading music.

    1. Re:This is not P2P by Shadowlore · · Score: 1

      It is selling it that makes it different than downloading music.

      I'm sure that's a comfort to those who've been or will be arrested or sued for "just downloading".

      --
      My Suburban burns less gasoline than your Prius.
  50. The biggest problem with mary jane smokers.. by Anonymous Coward · · Score: 0

    is that they only THINK they are acting normal under the influence of weed.

    Good lord, keep out of my neighborhood.

    1. Re:The biggest problem with mary jane smokers.. by Firedog · · Score: 1

      Let me set the record straight. This site has links to various recent studies on this topic.

      The U.S. Government does not want you to know this, but all the studies that have been done regarding the effect of marijuana on driving show that it has very little impact on driving performance.

      UK: Cannabis May Make You A Safer Driver (2000)

      University Of Toronto Study Shows Marijuana Not A Factor In Driving Accidents (1999) (To be fair, this one is a "study of studies")

      Australia: Cannabis Crash Risk Less: Study (1998)

      Believe it or not, there's even one from the United States!

  51. Flamebait == The Truth? by Anonymous Coward · · Score: 0

    Sure, mod me down -1 flamebait for pointing out an undisputable fact, while the parent's nonsense is "insightful".

    I guess I shouldn't let facts and the truth get in the way of yet another US bashfast. Not to mention what happens to opinions that don't happen to agree. What an echo chamber this place has become.

    1. Re:Flamebait == The Truth? by Anonymous Coward · · Score: 0

      Wasn't me. Why does China owe the US?

    2. Re:Flamebait == The Truth? by Anonymous Coward · · Score: 0

      Just like the United States did for over 100 years with regards to the IP of Europe.

      Europe begged the U.S. to respect their IP, the U.S. told them to fuck off.

      How long has the PRC been around? 55 years?

      Yes, the PRC takes advantage of the situation. Just like everyone else is doing in the world. Create a situation where it's not to their advantage, and they'll stop. China does not care about you, no matter how much you ineffectively bitch and moan.

  52. Yup by Anonymous Coward · · Score: 0

    And you will have your ID cards to boot really soon now.

  53. WTO by goldspider · · Score: 3, Interesting

    Setting aside your own personal feelings on the matter, what impact does rampant software piracy in China have on their status as a WTO member? I would think that some level of adherance to copyright/IP laws are a factor in maintaining good standing.

    Anyone more informed than I have any thoughts?

    --
    "Ask not what your country can do for you." --John F. Kennedy
    1. Re:WTO by NardofDoom · · Score: 1

      I find it interesting that piracy of crappy movies may keep China out of the WTO, but they look the other way on human rights violations.

      --
      You have two hands and one brain, so always code twice as much as you think!
    2. Re:WTO by Triskele · · Score: 1

      So, free trade is not enough for you? You also have to define the terms of that trade. Not all nations (including the USA historically) recognise the abstract notion of property that goes with copyright. What is worse is when the USA then demands that the rest of us treat this property in the same terms (length of copyright etc) and now wishes to dictate the penalties for breaching this.

      --

      --
      USA: home of the world's largest terrorist training camp.

    3. Re:WTO by goldspider · · Score: 1

      The WTO has nothing to do with "free trade". It has to do with international rules of FAIR trade. I would imagine rampant selling of counterfeit goods at a fraction of the genuine-article's cost is a BIG no-no in the WTO.

      --
      "Ask not what your country can do for you." --John F. Kennedy
  54. Re:Copyright infringment already criminal in the U by emh0 · · Score: 2, Informative

    As far as I know, only copyright infringement for commercial gain is a criminal offence, otherwise its just a civil offence.

  55. Burden of Proof is Much Higher in Criminal Cases by Anonymous Coward · · Score: 0

    Thank god for computers.

  56. MS in JAIL? by linuxislandsucks · · Score: 2, Interesting

    Remember folks, MS was convicted of infringing someone's IP..does this mean finally MS will face legal accoutnability for being a monopolist?

    --
    Don't Tread on OpenSource
    1. Re:MS in JAIL? by Alsee · · Score: 1

      does this mean finally MS will face legal accoutnability for being a monopolist?

      Ooooo! Ooooo! I know! I know!

      Ummm.... "No"?

      -

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

    MICHAEL IS logged in as CMRD TACO TODAY!

    roxxxxxxxxxxxxxxxxxr!

    1. Re:LOLO! by Anonymous Coward · · Score: 0

      Did you ever like think about what Lolo and Lala from the Adventures of Lolo series on NES would look like fucking?

      Fucking hot.

  58. Hah by paranode · · Score: 1
    That was a direct-quote from Bush himself.

    "China has "got to start putting people in jail" to show it is serious about cracking down on widespread counterfeiting and piracy that costs U.S. companies billions of dollars in lost sales every year, a top Bush administration official said."

    No kidding? You are just jaded, my friend.

  59. Marijuana? by drewzhrodague · · Score: 1

    DO I need to mention marijuana to keep from being labeled a -1 troll?

    --
    Zhrodague.net - I do projects and stuff too.
  60. fuck ayn rand by Anonymous Coward · · Score: 0

    Fuck her right up the ass. Her rotted, fetid corpse should be strung up and burned for the damage she has done to society as a whole. There's no practical difference between a Scientologist and an Objectivist. They're both stupid utopian idealist nutbags who worship a dead savior who did nothing but self-aggrandizement and make stupid people think themselves all philosophical and deep.

    Fuck Ayn Rand. Fuck anyone who follows Ayn Rand. Fuck libertarians, fuck the Club for Growth, and given the opportunity I would personally skull fuck Howard Roark.

    You want a libertarian paradise then go live in Somalia you stupid cunt.

    1. Re:fuck ayn rand by Anonymous Coward · · Score: 0

      I didn't know Kim Jong Il posted on Slashdot!

      How's it going buddy?

      We can't let them American rascals govern themselves or demand less government in their personal lives, that would be terrible!

  61. Welcome to Planet Fasci by Anonymous Coward · · Score: 0
    Where the privatized government has decreed that war criminals can walk free (because war is good for business) and IP thieves go to jail because (although no-one has ever been killed by it), IP theft is bad for business. Unpossible? It seems not.

    Next up on the Wolf Realivision Network: Bread Thieves Face a Firing Squad. But first, a month of messages from our sponsors.

  62. My cock is a crime, by Anonymous Coward · · Score: 0
    because it's a weapon of ass destruction.


    China has "got to start putting people in jail" to show it is serious about cracking down on widespread counterfeiting and piracy that costs U.S. companies billions of dollars in lost sales every year, a top Bush administration official said.


    Mutherfucker, please. China has nasty little North Korea on it's southern border to worry about. And it's got organized crime the likes of which piddly little Los Angeles gangs are not prepared to compete against. 70% of their country is as rural as Montana, with the other 30% being little islands of civilization and electricity. They have famine, diseases, traditional medicine (notably, a lack of progestrone contraceptives), and cultural conflicts that limit just surviving until tomorrow.

    It's called priorities, and with all due respect, U.S. Commerce Secretary Don Evans can just feel free to chow down on crime all he wants to in China. I've got some illegal weponry that he is well suited for.
  63. Cultural difference? by Anonymous Coward · · Score: 0

    I used to think that China was just a corrupt place to do business, and I would never want to do business there. But then the "IP extremists" such as the RIAA/MPAA and all the IP lawyers out there got me to wondering if there really is any difference between the US and China in this regard.

    In China, one basically has various types of overlords, which one has to pay off in order to get things done. And this is how it's been for thousands of years.

    In the US, one basically has the same thing, in terms of "intellectual property". Yes, you have to pay them off if you want to produce a product. And this can be regardless of whether their "intellectual property" claim is valid or not.

    So what, really, is the difference? The only thing I can think of is a cultural one. I really can't see any difference, and both forms of "overlords" get in the way of advancement.

    And in case it's not clear, this isn't a troll. It's an honest question of simply shifting one's view.

  64. Darwinian and Kazza by brw215 · · Score: 1
    And lastly, it's something that *can not* be stopped. P2P progs and their development act as organisms that follow the darwinian rules of survival.
    You can argue the same thing about bacteria. Bacteria is evolving to become resistant to drugs, however it is under control as long as the medical community stays one step ahead.

    I see the same thing happening with P2P apps. If Hollywood stays ahead of the curve, they can rid themselves of most P2P activity. Clearly they will neve eliminate it altogether but if they make it difficult enough people may prefer to pay. I guess time will tell.

  65. Pity you didn't know by Anonymous Coward · · Score: 0

    But they, like many many other countries, all have signed international copyright agreements to protect each other's IP.

    1. Re:Pity you didn't know by Anonymous Coward · · Score: 0

      Eh, no pity for them then. I can't see how China has anything to gain from such an agreement. I bet they were given some other incentive to bow down and accepted with no intention of enforcing their end.

      Not good, obviously, but not surprising at all.

  66. New York Times article by DeepRedux · · Score: 3, Informative
    The New York Times had a major article Sunday about Chinese counterfeiters. They estimate that the US/EU/Japan together lose $80B/year. The Bush administration will take "whatever means are necessary" to force a change.

    This goes beyond just the US and CDs and DVDs. For example, the Chinese were considering building a maglev train system. So the German companies ThyssenKrupp and Siemens build a prototype. Workers for the German companies videotaped Chinese engineers poking around at 3am. Shortly after, the Chinese said they would use their own newly development maglev technology for the trains instead of the buying the German tains. They may even be able to export maglev trains at half the price of the German or Japanese trains.

    1. Re:New York Times article by 99BottlesOfBeerInMyF · · Score: 1

      They estimate that the US/EU/Japan together lose $80B/year.

      I estimate that I too am losing billions a year because there are no laws forcing China, or anyone else, to pay me large sums of money. Unless this legal loophole is closed, I will be unable to employ anyone, and may have to consider postponing my multimillion dollar payments for materials to build a mansion. This in turn will cause great damage to the economy since all the jobs I would directly and indirectly cause will no longer exist, and all those theoretically people will starve. Please pass laws to force countries to give me money too. You don't want people to starve do you?

    2. Re:New York Times article by Halo1 · · Score: 4, Informative

      You might want to read this account for a more balanced picture. The broken patent system we have in the West is coming back to haunt us.

      --
      Donate free food here
    3. Re:New York Times article by Craig+Ringer · · Score: 1

      From TFA: "Using a lost-sales calculus, which measures the losses to foreign companies by determining the value of the dubious goods sold..."

      In other words, <i>making the assumption that each sale of a pirated item at a vastly lower price would have been a sale of the real work at its retail price had the pirated work not been availible...<i>.

      It's the same old dumb BS all over. This method of estimation <i>is</i> useful as a way of estimating and reporting the magnitude of piracy, but does <i>not</i> mean that had the pirated work not been aviailible the industry would have actually made $amount more money in sales. They may have made $smalleramount more sales, or they may have even made LESS due to reduced word-of-mouth publicity and upgrades from pirated copies (ie for the games industry, "I like this game and want to play it online now"). They would <i>not</i> have made $amount more in sales because the pirated copies are cheaper - ref the very basics of economics. Even had the pirated copies been the same price, chances are they would've sometimes sold in places the originals weren't availible, hence not representing a true lost sale.

      Understanding the statistics doesn't make the piracy problem go away, it just means you have a more realistic view of its impact. That's not US$80*(10**9) the US didn't get because of piracy in China, that's all.

      I'm sure you knew all this, but it doesn't help to point it out for the totally-ignorant-of-basic-stats.

    4. Re:New York Times article by Craig+Ringer · · Score: 1

      Or, say, the totally-ignorant-of-the-goddamm-plaintext-button. Arrggh.

    5. Re:New York Times article by Anonymous Coward · · Score: 0

      This New York Times article reeks of xenophobia. The author tries to incite paranoia by distorting the facts.

      Take the maglev story for example. If you do a Google search for it, you'll see that the Chinese side said it was "routine maintainence" - a perfectly understandable and necessary procedure. The entire operation of the train system was handed over to the Chinese side in April of 2004. If they really didn't want the Chinese side to learn any of the technology or perform routine maintainence on it, why would they hand the system over to the Chinese (or even build it in China)? In addition, many parts of the system were actually built in China by Chinese contractors, and not imported from Germany.

      As the Chinese side have full operation control over the system, they can "poke around" any time they want. Why would they do it on a Saturday at 3am? Probably because thats when the train has the fewest passengers and would cause the least disruption in service.

      Now a better question is: why would the German workers be out videotaping at 3am on a system they have no control over?

      In addition, the last statement about the Chinese announcing that they'd use their own maglev technology for the Hangzhou to Beijing line is simply incorrect. No decision on the line has been made, and that story is simple speculation. But the NYTimes article presented it as if it was fact. Even if a Chinese technology were chosen, it couldn't have came from the German maglev system. It simply isn't conceivable to copy a system "shortly after" "poking around."

    6. Re:New York Times article by Dirtside · · Score: 1
      They estimate that the US/EU/Japan together lose $80B/year. The Bush administration will take "whatever means are necessary" to force a change.
      So if there was no piracy, then the entertainment industries of the US, EU, and Japan would have an additional $80 billion a year in income?

      Yeah. If every single person who acquired a pirated copy had instead bought a legit copy. Prove that that would have happened, and I'll make up that $80 billion difference.

      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    7. Re:New York Times article by Anonymous Coward · · Score: 0

      >They estimate that the US/EU/Japan together lose $80B/year.

      Good god! That's almost the startup cost of the current Iraq war! OTOH, it's not even a third of the $275 billion that Bush wanted to give his oil pals in tax breaks and subsidies, just before the start of the current Iraq war.

  67. Boo: Misleading Summary by Anonymous Coward · · Score: 0

    As usual, the summary is completely misleading. The quote was talking about China jailing their citizens for copyright infringement, not the US. I'm sure this summary was crafted to be flamebait.

  68. Imagine, if you will... by wingsofchai · · Score: 1, Offtopic

    Imagine, if you will, a slashdot where people read the article mentioned before they comment....

    --
    Reading at high threshold levels is group-think.
    1. Re:Imagine, if you will... by Anonymous Coward · · Score: 0

      Never happen!

  69. With our tax money? by Anonymous Coward · · Score: 0

    Thats just great! That way rather than forcing the large corporations to fund their own investigation, and prosecutions. We the people can. That way the corporations still get their profits. And not only the consumers, but the American tax payers lose.

    Maybe this moron's plane will crash on the way to china.

  70. Criminal vs civil by Anonymous Coward · · Score: 0

    Even thought the article is talking about China, should this doctrine ever spill into America it might actually make piracy easier; criminal convictions require a unanimous jury to find proof beyond reasonable doubt. Civil violations (if they even go to trial) require only a simple majority to impose a penalty.

  71. This is great for Linux by Anonymous Coward · · Score: 0

    I was reading somewhere that MS is Hell-bent on making China pay for software.

    Ill-advised draconian measures like this one can only push more people in the planet's most populous country into using free software in general and Linux in particular.

    Imagine Linux dominance on the Chinese desktop. This is a Good Thing.

  72. It's all about context. by Anonymous Coward · · Score: 1, Insightful

    If you're smoking marijuana in the privacy of your own home, I don't give a fuck. It's not my business. However, if you are high as a kite and get in your car, then it becomes my business. The same goes for drinking. I don't care if you do it in your own home, but when you get on the road it creates a problem. I think the laws should be the same for alcohol and marijuana (and similar drugs). Free to use in the privacy of somebody's home (or a bar, I suppose), but if you are caught driving under the influence you will be given no mercy. I still think "hard" drugs, like crack and heroin, should be illegal. However, I wish they would put more time into pursuing the dealers rather than the users.

    1. Re:It's all about context. by vorpal22 · · Score: 2, Insightful

      The majority of drug users consider alcohol to be a hard drug.

      Alcohol is physically addictive.
      Withdrawal from alcohol can kill you (unlike heroin withdrawal).

      An old study by the British Empire in China regarding the patterns of opium consumption revealed that China's opium use largely paralleled Britain's alcohol use.

    2. Re:It's all about context. by Anonymous Coward · · Score: 0

      Being high on marijuana has not been demonstrated to have a negative effect on driving performance.
      http://www.ccguide.org.uk/driving.html

    3. Re:It's all about context. by Eccles · · Score: 5, Insightful

      I otherwise agree with you, but...

      I still think "hard" drugs, like crack and heroin, should be illegal.

      Alcohol can kill its users with an overdose (or choking on vomit.)

      Alcohol can kill its chronic users (cirrhosis, heart disease, etc.)

      Users of alcohol can kill others via drunk driving or other acts done while under the influence.

      Users of alcohol can have deformed babies (Fetal Alcohol Syndrome.)

      What can other drugs do that is in any way worse?

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    4. Re:It's all about context. by cayenne8 · · Score: 1
      "Free to use in the privacy of somebody's home (or a bar, I suppose), but if you are caught driving under the influence you will be given no mercy."

      You gotta get home somehow...and no, you do not want to leave your car parked, unattended overnight in most places in New Orleans. It won't be there in one piece the next day...

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    5. Re:It's all about context. by g00z · · Score: 1

      An old study by the British Empire in China regarding the patterns of opium consumption revealed that China's opium use largely paralleled Britain's alcohol use.

      Yes, but in all fairness that report was most likely tailored to make opium not look so bad considering the British were using opium at the time to control China.

      --
      "The Wright brothers were the first to fly with a heavier-than-air machine, but boy did they have a lousy plane"
    6. Re:It's all about context. by vorpal22 · · Score: 1

      From my (perhaps incorrect) understanding, the study was done with the hypothesis that opium usage was destructive and should be outlawed. The findings (that opium use largely mirrored alcohol use) were quite unexpected at the time.

    7. Re:It's all about context. by Sylver+Dragon · · Score: 1

      Ever hear of a designated driver? Or, <insert diety here> forbid that you actually plan ahead. If you know you are going to be drinking arrange for a ride and/or call a cab. It's really not that hard to avoid driving under the influence, it just takes a little forethought.
      Personally, I'm of the opinion that killing someone while driving drunk should be treated on the same level as premeditated murder. Afterall, you made several concious decisions leading up to the point where you killed that person. I don't care how OK you feel, or what antecdotal evidence you have about driving drunk, there's enough science to back up the claim that you are impared, you're just too stupid to accept it.

      --
      Necessity is the mother of invention.
      Laziness is the father.
    8. Re:It's all about context. by cayenne8 · · Score: 1
      "Personally, I'm of the opinion that killing someone while driving drunk should be treated on the same level as premeditated murder."

      Well, it almost is...

      Just a different way of life down here...not as frowned upon...a lot of people stop by for 'a few' on the way home...no way to plan on this spur of the moment thing that happens so often.

      Neither I, nor my friends have had any problems...maybe just lots of practices. Frankly, about the ONLY time I ever look at the speed limits is when I've had a few....

      And, there's a difference between getting so shitfaced you can't drive...and decently buzzed to where if you stick to back ways, and familiar roads, and drive carefully, that you don't pose a threat.

      I do find it is more frowned upon up north than down here...just a cultural thing I guess...

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    9. Re:It's all about context. by kurzweilfreak · · Score: 0

      Here's a novel idea: don't go out to New Orleans and get so fucked up you can't drive safely. That was a hard one. But I guess the potential of killing someone while driving under the influence is justified because "ya gotta get home somehow"?

      --

      kurzweil_freak

      5th Kyu Genbukan Ninpo/KJJR student

      Be the darkness that allows the light to shine.

    10. Re:It's all about context. by xgamer04 · · Score: 1

      ... What can other drugs do that is in any way worse?

      Meth can (after one use) destroy your brain's ability to feel happiness. It also then creates a strong psychological link between feeling good and using the drug, so most people become addicted very quickly. This is a little different than drinking one beer.

      --
      When you look at the state of the world, how can you not become a radical, liberal anarchist?
    11. Re:It's all about context. by Firedog · · Score: 1

      Personally, I'm of the opinion that killing someone while driving drunk should be treated on the same level as premeditated murder. Afterall, you made several concious decisions leading up to the point where you killed that person. I don't care how OK you feel, or what antecdotal evidence you have about driving drunk, there's enough science to back up the claim that you are impared, you're just too stupid to accept it.

      I'm of the opinion that killing (or severely injuring) someone while driving should be treated the same, regardless. No "excuses" and no "enhancements" to the penalty. If you hit me in your car and make me a paraplegic, I'm not going to care what excuse you might have. I'm not going to care if you were talking on your cell phone, drinking a bottle of vodka, dealing with your screaming kids in the back, or if you just didn't sleep enough last night. The end result is still the same. I still won't be able to walk again.

    12. Re:It's all about context. by cayenne8 · · Score: 1
      " Here's a novel idea: don't go out to New Orleans and get so fucked up you can't drive safely. "

      Well, so far..so good. However, each person has his limits...I can easily get home after 3-5 martinis...whereas someone else might have trouble after 2 beers....

      The artificially lower BAC is really not the best metric on this...but, it can put you in jail, even though you may be driving just fine.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    13. Re:It's all about context. by kurzweilfreak · · Score: 0
      Point taken. There's no better way to know that you don't have to worry about driving under the influence than not drinking at all.

      I don't drink at all, never have. Can't stand the taste of any alcohol, period. Nor have I ever had or felt the desire to try. I just can't comprehend why someone would want to screw themselves up in ways that could be so easily avoided. I live near New Orleans, I see it all the time. Families broken up because of drinking problems, people losing family members because of drunk driving (either themselves or someone else), all the drama caused by "oh, I was drunk, I didn't know what I was doing" bullshit excuses (as if that's a valid excuse anyway), on and on and on...

      I've been called a wuss so many times because I don't and/or won't drink. The irony is that it's always from someone who is so weak that they themselves can't get through a night on the town without a few drinks because they can't have fun without it, need it to relax, don't know what to do with their hands otherwise, or just want to fit in. And I'm the wuss...

      --

      kurzweil_freak

      5th Kyu Genbukan Ninpo/KJJR student

      Be the darkness that allows the light to shine.

    14. Re:It's all about context. by dbc001 · · Score: 1
      The majority of drug users consider alcohol to be a hard drug.

      Bullshit. I know a lot of drug users. Give me an hour or two and I can think of a hundred easily. I guarantee that not one of them thinks alcohol is a hard drug. Suggesting that alcohol use and opium use have similarities is completely irrelevant to whether or not alcohol is a hard drug. These are the same kinds of arguments that they put in those little drug propaganda booklets that the D.A.R.E. program distributes. And those arguments are at best unscientific and unproven, but in most cases they are blatant lies.
    15. Re:It's all about context. by Anonymous Coward · · Score: 0

      The problem with driving drunk is that it's a lot of fun.

  73. I have an idea by smagruder · · Score: 1

    Why don't just avoid all these legislative and political games and implement a final solution: Put all US citizens, no, better yet, all citizens of Earth into prison. That seems to be where the power-trip-politicians want most of the citizenry to end up anyway (just look at the Draconian, disproportionately enforced drug laws that penalize what people do to their own bodies). So, stop the games!

    Or... maybe it's time for the US and the world to take a second, balanced look at IP law.

    Naaaah! That would upset the prison industry too much and politicians wouldn't get to score their points and exercise their blood-thirst.

    --
    Steve Magruder, Metro Foodist
  74. Bright Tunes Music v. Harrisongs Music by tepples · · Score: 1

    Copyright infringement is against the law, plain and simple... and I believe that violaters (to the extent that they can be identified with certainty) should be punished. Arguing that a person who didn't mean to cause harm shouldn't be punished is like saying that a person who holds up a bank teller with a fake gun shouldn't go to jail for as long

    Then what would you do in the case of somebody who hears a song and then 15 years later writes a similar song, not knowing that he is subconsciously copying an existing copyrighted song? This has happened; Google Bright Tunes Music v. Harrisongs Music if you don't believe me. If copyright infringement becomes a crime, then every songwriter becomes a criminal.

    1. Re:Bright Tunes Music v. Harrisongs Music by mark-t · · Score: 1

      The case you described is where the _copying_ was unintentional, and I could tolerate leniency in that case. What I was talking about is where the copying was intentional, but no intent to actually cause real harm was intended, as in the case of a kid who is burning copies of his CD collection and giving them to his buddies.

    2. Re:Bright Tunes Music v. Harrisongs Music by Anonymous Coward · · Score: 0

      No. The case he described made no finding on the intentionality of the act. You are wrong.

    3. Re:Bright Tunes Music v. Harrisongs Music by tsm_sf · · Score: 1

      You honestly believe someone should be punished for making a tape for a friend? What a jerk. I hope they send your son to jail for that someday. You can explain to him how important it is that Mariah Carey gets her 12 cents.

      ok, I don't wish upon you a son that likes Mariah... that's too harsh.

      --
      Literalism isn't a form of humor, it's you being irritating.
    4. Re:Bright Tunes Music v. Harrisongs Music by mark-t · · Score: 1
      I physically shattered a recently burned CD with one hand in front of one of my kids (a teen) when I caught him disrespecting copyright once, not terribly long after warning him not to (this was during the height of the Napster phenomenon). The effect was impressive enough for him to evidently get the message that it's not something I'm about to put up with in my own home. Hopefully, once they move out, they'll already have instilled in them the knowledge that it _is_ wrong (my youngest, at age 11, was apparently actually admonishing one of his friends from school recently for downloading movies off the internet, so I think my message is working).

      And btw, calling me a jerk justifies copyright infringement how, exactly?

    5. Re:Bright Tunes Music v. Harrisongs Music by mankey+wanker · · Score: 1

      Yeah, jerk was out of line.

      It's clear you suffer from social dysfunction so calling you "psychotic" because of your blatant underlying psychosis would have been more accurate. Your perceived break with reality comes in the form of failing to understand the social underpinnings of sharing works of all kinds - as they are shared at the public library for example.

      I pity your son.

    6. Re:Bright Tunes Music v. Harrisongs Music by mark-t · · Score: 1
      There's absolutely nothing wrong with sharing.

      There is, however, something wrong with making copies of something that you didn't create unless you have permission.

      Given that you have a copy of a work, however, there's absolutely _NOTHING_ wrong with sharing it with whomever you want.

    7. Re:Bright Tunes Music v. Harrisongs Music by mankey+wanker · · Score: 1

      Fair Use: http://www.nolo.com/lawcenter/ency/article.cfm/obj ectID/C3E49F67-1AA3-4293-9312FE5C119B5806

      So making a mix CD, or even a non-profit copy of a whole CD is not really the end of the world. A lot of the theory here is predicated on the idea of commercial gain versus private use.

      The bigger story here is clearly about commercial piracy, which provided the IP law in question has reasonable limits I won't argue against. At the same time I have to ask about the reasonableness of converting private civil matters into public criminal matters and at public expense besides. Well, you can guess where the rest of this goes...

      Anyway, what you did was just to get over on your son for some reason. I don't see it as the reasonable act of a stable person. You had an agenda far beyond what the situation called for - what you should have done was reasonably discuss "fair use" with the child in question. But you don't really care about that do you?

    8. Re:Bright Tunes Music v. Harrisongs Music by mark-t · · Score: 1
      I know what fair use is.

      Note, I said that copying without permission is wrong.

      Implicitly, you *DO* have permission to copy a copyrighted work if its purpose would be considered as fair use (that is, permission is granted by the court, to which even the copyright holder is subject, so you're in the clear). Note that this notion of fair use is determined by the court, and not by the person doing the copying... (that is, just because someone might think a particular copy is being made for fair use doesen't mean that it actually is).

      But again, you resort to making inappopriate remarks about my attitudes, situation, and relationship with my family.

    9. Re:Bright Tunes Music v. Harrisongs Music by shark72 · · Score: 1

      "It's clear you suffer from social dysfunction so calling you "psychotic" because of your blatant underlying psychosis would have been more accurate. Your perceived break with reality comes in the form of failing to understand the social underpinnings of sharing works of all kinds - as they are shared at the public library for example."

      I have a friend with a couple of teenagers who also has a "no piracy" rule in his household. He doesn't condone the copying of somebody's work without their permission, and he doesn't want to give his children the message that just because technology allows you to do something, that it's morally acceptable to do so. He wants them to have respect and compassion for others. The so-called Golden Rule ("do to others as you'd have them do to you") can still be a valuable one to teach our children. If you would not want somebody to ignore your rights, you should not ignore the rights of others. The fact that his kids don't also have intellectual property that's in high demand is not an ethical opt-out of the golden rule.

      "I pity your son."

      I pity the children of parents who don't make an effort for them to understand the value of respecting others' rights. Actively condoning the use of P2P to pirate music can send the message that it's okay to ignore somebody's property rights or otherwise break the law if you can get away with it.

      --
      Sitting in my day care, the art is decopainted.
    10. Re:Bright Tunes Music v. Harrisongs Music by MvD_Moscow · · Score: 1
      Your poor kid. I pity him. Stealing and copyright infringement is NOT the same thing. ALL ideas are made using old info. How are songwriters able to write music? Using our English language and using instruments that are invented ages ago. Let them pay for those things first before telling us what I can and cannot copy.

      Anyway I bet your happy that your son will become a conformist who will do anything the government and corporations tell him too. Good work!

    11. Re:Bright Tunes Music v. Harrisongs Music by mark-t · · Score: 1
      I never once tried to assert that copyright was stealing, actually.

      Copyright infringement is, in fact, on the same level as plagiarism (which happens to also be against the law, actually).

      It isn't theft in the proper sense of the word, but that doesn't mean it isn't wrong.

      And note, both copyright infringement and plagiarism require _intent_ to copy.... (without regard for intent on how the copy is to be used). And furthermore, sufficient amounts of the work must be copied such that the copy cannot be construed to be for "fair use". (Note that even without fair use, copyright permits you to still make full copies for personal and private use only, at least in Canada.) Proving intent to copy isn't always 100% possible and must be established based on factors which may be able to infer intent to commit any other sort of crime, to establish the likelihood that at the time the copy was being made, whether or not the person making the copy was aware that was what he or she was doing.

      This is why "clean rooms" are so useful in the development of certain types of software. By actively staying away from any implementations of a particular work, they cannot possibly be construed as guilty of copyright infringement if their final work contains copies of someone else's work (they may, however, still have things such as patents to deal with).

      But even then, prior exposure to a work and a later production of another work with similarity to it does not imply copyright infringement with certainty either (it does make it more likely, but there are many factors have to be weighed). In software, for instance, there may be only be a limited number of practical ways to accomplish a particular task, so it could often be argued that one person's implementation of an algorithm bears similarity to another not because any copying took place but simply because they both happen to do the same thing.

      Remember, the copyright act cannot stop you from learning from what you get out of exposure to the work and applying that knowledge to create a new work that is not copied from the work. It can only prohibit copying without permission. and that's all it does.

    12. Re:Bright Tunes Music v. Harrisongs Music by MvD_Moscow · · Score: 1
      copyright infringement is no where near plagiarism (not talking about laws here). Plagiarism is when you truly rip someone off. Copyright infringement is not necessarily a loss for the producer of the copyrighted content.

      You still did not comment on my view that any content that is made uses ideas that belong to humanity in general and no one forces the makers of copyright to pay for them If I am forced to pay for ideas, they might as well pay society back for the ideas that they use (e.g. the english language).

    13. Re:Bright Tunes Music v. Harrisongs Music by mark-t · · Score: 1
      Copyright infringement occurs whenever one copies something someone else did without appropriate permission to do so.

      This copying, regardless of its innocuousness, has the potential to cause the actual author to be misrepresented, or to be put out some potential source of revenue that they may have otherwise gotten. Whether or not this would have _actually_ happened is irrellevant, the fact that it exposes the copyright holder to that risk is precisely why there is a law against copyright infringement, and precisely why I am of the entirely unshakeable opinion that it is a good law

      And btw, copyright doesn't protect ideas... only content.

    14. Re:Bright Tunes Music v. Harrisongs Music by MvD_Moscow · · Score: 1
      Potential revenue and real loses are two very different things. Whether this happened or not is relevant. You cannot punish someone for something that he was planning to commit. You can only punish someone for copyright infringement if you can prove that other wise that person would have bought your content. How does the artist lose, if someone downloads their music (for free) which the person wouldn't have otherwise bought.

      IP laws involve a lot of things, but they are interchanged. In terms of IP, content are ideas. The artists record their music using common ideas and they don't pay society anything for it. If they get a free ride, I get a free ride. If they don't like that, tough!

      IMHO, there much more important things to teach your children than copyright infringement. I would rather teach my kids (if I have any - I am 16) about tolerance and protecting your rights from semi-literate conservatives then teaching them that they should try and protect corporate profits. Who cares if Britney Spears loses more money? I think explaining things like the fact that world hunger is a distribution problem not a production one is much more important.

      Anyway good luck protecting corporations, I am sure they will help your children become independent people who won't cave in to marketing and so on...

    15. Re:Bright Tunes Music v. Harrisongs Music by mark-t · · Score: 1
      Consider driving under the influence of alchohol endangers lives.

      Whether or not anyone actually gets hurt is irrellevant to the seriousness of creating the risk.

      Likewise, whether or not the copyright holder suffers any damages as a result of a particular infringement on copyright does not alter the fact that doing so creates that risk. To argue otherwise is somewhat like saying that it's okay for _some_ people to drive drunk merely because they don't get affected by alchohol as badly as other.

      The act is considered a crime to protect the interests of the copyright holder, nothing more

      You see me as "caving in" to corporate pressure, but in all frankness, I don't give two rips what organizations like the **AA think, or for that matter even what the government thinks... I care about just one thing - the copyright holder. If a copyright holder wants to freely share and give away his material freely, that should be his inalterable right. Likewise, I believe that if a copyright holder has chosen to select an organization like the **AA to represent his interests, then that's his choice. If I don't agree with the restrictions that his choice of organization imposes on me, that doesn't mean I suddenly ought to have any right to disrespect the copyright holder's desires.

  75. I'm only going to explain this once. by blair1q · · Score: 1


    Liberal == individual rights.

    Conservative == property rights.

    Whatever either of these groups says in support of the other's goal for the law is lip service to lubricate political persuasion.

  76. Nano Tech And Birth Control by gtm256 · · Score: 2, Insightful

    I wonder what happens when things like "birth control and break pads" really do become IP. I know it's still science fiction, but I've heard a lot about how nano technology might be able to build objects at the molecular level. What do you think will happen when you can push a button and make anything you want for free? Will companies continue to push for criminalization? And if so how much can our natural movements be constrained before it becomes incredibly oppressive?

  77. and in that world by dougnaka · · Score: 1
    slashdot editors also read the article before they wrote a summary of it...

    could never happen

    --
    My Linux Command of the Day site : LCOD
  78. RMS is right by northcat · · Score: 2

    RMS doesn't sound so insane/wrong/ now, does he?

  79. I agree with jailing people by nurb432 · · Score: 1

    If you start with Don Evans and the rest of his kind.

    Moron. its a civil issue for a reason. Its not a 'crime against society', nor should it be treated as such.

    Jail time isn't appropriate. A reasonable fine, however is.

    --
    ---- Booth was a patriot ----
  80. Waste of resources. by kokoloko · · Score: 1

    Doesn't China have enough to do locking up real threats like pro-democracy activists and falun gong practitioners?

  81. Refresh the Tree of Liberty! Hang Don Evans! by Cryofan · · Score: 1

    I propose a new Constitutional Amendment, the 28th Amendment to the American Constitution:

    For the crime of treason, for selling out to the enemy of the people, i.e., selling out his high governmental office to corporate power, Secretary of Commerce Don Evans shall be hanged by his neck in a public location until he is dead.


    Write your Congressperson today in support of my proposed 28th Amendment to the Constitution of the United States of America! Do your proud and patriotic duty as an America citizen! The tree of liberty must be refreshed from time to time with the blood of tyrants!

    --
    eat shiat and bark at the moon
  82. Looking at many of the posts here... by mark-t · · Score: 2, Insightful

    It never ceases to amaze me how many people will try to justify or defend a person's "right" to infringe on copyright.

    1. Re:Looking at many of the posts here... by Anonymous Coward · · Score: 0

      Maybe people are against the law, the "right" to tell people that they aren't allowed to share.

    2. Re:Looking at many of the posts here... by mark-t · · Score: 1

      Of course people are allowed to share, they just aren't allowed to make copies of what they didn't actually create unless they had permission from the copyright holder (fair use notwithsstanding, but sharing copies with ones friends does not fit in the definition of fair use as it applies to coypright).

    3. Re:Looking at many of the posts here... by eraserewind · · Score: 1

      Yes, and that stems from copyright law, not a natural right. People are perfectly entitled to oppose such a law if they see fit. People oppose laws they don't agree with all the time. People even vote to repeal or change them in parliaments. There is nothing strange about it.

    4. Re:Looking at many of the posts here... by mark-t · · Score: 1
      Well, I think copyright law _IS_ an extension of a natural right... that is, the right for a creator of a work to adjucate the circumstances under which others may be able to reproduce that work.

      Without copyright today, in an age where copying is trivial, existing publishing companies would cease to exist, and the only works that would likely get produced at all are those that were either heavily funded by philanthropists or else by the government itself. The only reason we this wasn't an issue for centuries before copyright was invented was because even the printing press hadn't been invented yet and copying was simply too hard, time-consuming, and error-prone for people to engage in productively. Knock-offs, when they were discovered, were instantly identifiable as such by any educated person. We can't go back to that time, so copyright exists to keep things in balance.

  83. MLK's speech and happy birthday by slothman32 · · Score: 1

    Since MLK's speech and the "happy birthday" song are copyrighted I am waiting for someone to say those in public that is obviously illegal so the public know it and thinks "they are not illegal, you can't do anything."

    --
    Why don't you guys have friends or journals?
  84. Life in Jail for nothing by Simonetta · · Score: 5, Insightful

    This is so true.

    Someone could go to jail for life without parole for:

    1) Getting into a fight in the schoolyard when they're 16...

    2) Getting caught with the microscopic resin of cannibus on a pipe that they found on the ground..

    3) Listening to music on an iPod or Walkman...

    Of course, it goes without saying that no rich, white, republican kid will ever be bothered by this type of insanity that passes for justice in the USA. Only blacks, latinos, and middle-class whites will be subjected to the guiding light of the American justice system.

    It also goes without saying that the legislators who are pushing for these insane laws to be passed are being paid thousands of dollars in bribes ('campaign contributions') from the private prison corporations who will be making $30,000 a year for each new 'dangerous criminal' serving life-in-prison-without-parole in a corporate prison.

    If you are a citizen of the European Community or some other stable country with a basic tradition of justice, don't come to the USA. Don't even visit here. It's just too dangerous. The republicans have just gone fucking nuts. Visit Canada (in the summer) or Mexico (in the winter). Avoid the USA. Seriously.

    1. Re:Life in Jail for nothing by Wateshay · · Score: 4, Insightful

      Someone could go to jail for life without parole for:

      1) Getting into a fight in the schoolyard when they're 16...

      2) Getting caught with the microscopic resin of cannibus on a pipe that they found on the ground..

      3) Listening to music on an iPod or Walkman...


      1) Unless the crime is especially heinous and results in trial as an adult (e.g. premeditated murder), the schoolyard fight would be expunged at age 21.

      2) In most places, a first offense for possession of small amounts of marijuana is a misdemeanor.

      3) I don't see anyone suggesting that possession of copyrighted works be criminalized. Hell, it's not even an actionable civil issue in the U.S. The only thing that's going to possibly get you in trouble is distribution.


      Of course, it goes without saying that no rich, white, republican kid will ever be bothered by this type of insanity that passes for justice in the USA. Only blacks, latinos, and middle-class whites will be subjected to the guiding light of the American justice system.


      Well, since nobody--black, white, rich, or poor--will be subjected to the insane suggestion you make above, there's not really anything more I can add to this.


      It also goes without saying that the legislators who are pushing for these insane laws to be passed are being paid thousands of dollars in bribes ('campaign contributions') from the private prison corporations who will be making $30,000 a year for each new 'dangerous criminal' serving life-in-prison-without-parole in a corporate prison.


      Well, since most states don't even have privately owned prisons, I somehow doubt Congress is cooking up laws aimed solely at providing more inmates to the private prison system.


      If you are a citizen of the European Community or some other stable country with a basic tradition of justice, don't come to the USA. Don't even visit here. It's just too dangerous. The republicans have just gone fucking nuts. Visit Canada (in the summer) or Mexico (in the winter). Avoid the USA. Seriously.


      You obviously know nothing about how things really work in the U.S. If you seriously think Mexico is a safer place to travel than the U.S., you're the one who's gone "fucking nuts".
      --

      "If English was good enough for Jesus, it's good enough for everyone else."

    2. Re:Life in Jail for nothing by Anonymous Coward · · Score: 0

      Visit Canada (in the summer) or Mexico (in the winter). Avoid the USA. Seriously. Plus you can stock up on cheaper prescriptions than you can find in the US. Just don't tell the Canadians that their medicine is unsafe. What arrogance. No wonder the rest of the world hates us.

    3. Re:Life in Jail for nothing by Anonymous Coward · · Score: 0

      i think i may take your advice...

      yours truely,
      pot smoking euro guy

    4. Re:Life in Jail for nothing by Fulcrum+of+Evil · · Score: 1

      Well, since most states don't even have privately owned prisons, I somehow doubt Congress is cooking up laws aimed solely at providing more inmates to the private prison system.

      Scientology operates some prisons in California. Personally, I'd rather go to a work farm in MS.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    5. Re:Life in Jail for nothing by Phillup · · Score: 1
      You know what they say...
      You go to jail because of the parents you have, not the parents you don't have.
      --

      --Phillip

      Can you say BIRTH TAX
    6. Re:Life in Jail for nothing by Anonymous Coward · · Score: 0

      Sentiment wise, I mostly agree (and I'm a Republican). Prosecution is selective and not mandatory--certain groups of people will be targeted even if the bias is not overt.

      However, you've got some really screwed up points. Worse, you seem to turn a blind eye towards non-Republican actions, which I'm not sure is due to bias in your political views or simply because you are focusing on more recent events, which are largely the Republicans in power fault.

      First, violent crime hit an all time low this past year. Also, most violent crime of note is strangely the left, which unfortunately often gets chalked up as being the "Democrats" fault, e.g. LA riots, downtown Seattle.

      Point 3 though too, sorry, look more to the Democrats for the root cause of that one. The Repubicans are on that bus now because of the political largesse the Dems demonstrated during the Clinton years, except the Reps angle is to put a morality spin on the matter. This coincides with the issues noted in the 2nd paragraph to follow.

      EU? Do not go there. I make it a point to look at legal issues, and the US has some stupid ones. But the EU has their batch as well, particular involving what the US would consider first amendment issues.

      Fact of the matter is that, in the US, both parties are in a pissing match to meet the needs of the extremes. Face it--the Dems were drooling in 2004 to "take it back" and don't say that at least a good part of sicking it back at the Reps. Anyways, this confrontation has been a long time in coming due to the breakdown in state rights; the Dems pushed for stronger federal rules, and now the Reps are in control and have switch policy (they were pro-state rights during the Dems time in the executive branch) and the Dems are feeling the heat and don't like it.

      Fact of the matter is that this height of conservative extremism is a result of the asinine policies of the 90s and consiladtion of power at the federal level. Frankly, the Dems did some stupid ass shit, and it's payback time doubly. Yes, that as well is stupid and abusive, but if you don't try to find middle ground, it will just continue to spiral out of control.

    7. Re:Life in Jail for nothing by sp3d2orbit · · Score: 2, Informative

      2) In most places, a first offense for possession of small amounts of marijuana is a misdemeanor.

      There are very few places where marijuana is a misdemeanor:

      http://www.norml.org/index.cfm?Group_ID=4516

    8. Re:Life in Jail for nothing by quarkscat · · Score: 1

      Never truer words spoken.

      One only needs to take a look at the criminal
      penalties for a victimless crime like simple
      drug possession, compared to, say, a white
      collar criminal CEO or CFO who steals millions
      from their shareholders and employees.

      The war on drugs has always focused primarily
      on the user and street-level dealer, rather
      than the grower or importer. Illegal drugs
      are a (minimum) $10 Billion dollar a year
      enterprise, and enough money gets spread around
      to the law officers, prosecutors, judges, and
      politicians to keep the focus on the little guy.
      It is also why the USA lost the war on drugs
      a long, long time ago -- money is the mother's
      milk of politics, and the drug barons own a
      lot of judges and politicians.

      Considering the devolution of democracy that is
      occurring in the USA (especially under "Dubya"),
      it is no surprise that what is essentially a
      civil offense (like theft of IP) should become
      now a criminal matter. It is particularly
      disheartening to find that Homeland Security
      would focus more on IP theft than on ID theft,
      or on software patents than on border and seaport
      security. Welcome to 1984, where doublespeak
      and the absolute power of the state reign supreme.

    9. Re:Life in Jail for nothing by gandy909 · · Score: 1

      Thank you! I couldn't have said it better myself!

      --

      (Stolen sig) Remember: it's a "Microsoft virus", not an "email virus", a "Microsoft worm", not a "computer worm
    10. Re:Life in Jail for nothing by Rank_Tyro · · Score: 1

      This is so true:

      Someone could go to jail for life without parole for...

      1) Getting into a fight in the schoolyard when they're 16...IF THEY USE A GUN TO KILL THE OTHER PERSON INVOLVED.(Hey, it's happened)

      2)Getting caught with the microscopic resin of cannibus on a pipe that they found on the ground...IF YOU FIND THAT PIPE ON THE GROUND IN THE STATE OF NEVADA, WHICH HAS HAD ZERO TOLERENCE LAWS FOR THE PAST DECADE. (If you wanna take a toke in Las Vegas, you better have a better excuse for the police than 'I just found this thing on the ground')

      3) Listening to music on an I-Pod or Walkman... WHILE SHOOTING KIDS ON THE SCHOOL YARD DURING RECESS, AND SMOKING A JOINT.(This is concidered a NO NO by most people)

      Get used to the idea that there are things that are not accepted by society, and dont try and blame cause or reason on any specific political party or entity, there were idiotic people long before there were republicans.

      If you are a citizen of the European Community or some other stable country with a basic tradition of justice, don't come to the USA and think that you can do anything you want to, because we happen to have laws too. If you behave in a civilized manner, you will be treated accordingly.

      --
      Today's show is brought to you by the number 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0: 25
    11. Re:Life in Jail for nothing by Anonymous Coward · · Score: 0

      Stop posting using
      this narrow column
      format. It's annoy-
      ing.

      --
      Your friend,
      Easily-annoyed Boy

    12. Re:Life in Jail for nothing by Wateshay · · Score: 1

      That's not "informative". It's wrong. Using your link, there are only two places in the U.S. where a first offense for possession of small amounts of marijuana is potentially a felony. In Puerto Rico, it's always a felony, and in Arizona it's either a felony or misdemeanor (not idea how that determination is made). In many places it doesn't even matter if it's a first offense, and in some the amount doesn't even matter.

      --

      "If English was good enough for Jesus, it's good enough for everyone else."

    13. Re:Life in Jail for nothing by Arjuna · · Score: 1

      Yeah... people in Nazi Germany and in Stalinist Russia got used to the idea there are things, like the freedom to spread ideas, that are not accepted by society. Extreme cases to be sure, but the US is getting more extreme all the time.

      Now that everything is implicitly copyright in the US - no need to label things as such - this means quoting or using anything improperly is now cause for the state to dissect your colon. Defending this kind of law is lame.

    14. Re:Life in Jail for nothing by Genza · · Score: 0

      no rich, white, republican kid will ever be bothered... Only blacks, latinos, and middle-class whites

      So, as a lower class white, I'm good to go, right?

  85. MARIJUANA by drewzhrodague · · Score: 0

    I just had to say it. =_)

    --
    Zhrodague.net - I do projects and stuff too.
  86. Copying a CD != stealing a car by SunFan · · Score: 1


    If a person does direct damage to a company by stealing their source code and giving it to a competitor, that's one thing, but common "piracy" is the social equivalent of eating a couple grapes at the grocery store and not paying for them. Eating grapes without paying for them is wrong, but grocers just eat the minor loss and try to stay on their customers' good side.

    It seems that the IP criminalization faction doesn't have the right priorities, especially given that source code theft, for example, is already handled by the FBI. Just look at all the stories about record companies still raking in tons of cash, in spite of "piracy." These people need a serious whack with a clue stick.

    --
    -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    1. Re:Copying a CD != stealing a car by randallpowell · · Score: 0
      COPYING a file isn't stealing, it's copying. Copyright infringment is distribution of material you don't have the copyright to. Simple difference.

      Where do people get the idea that copying is the same as stealing when the original is still owned by the copyright owner?

    2. Re:Copying a CD != stealing a car by SunFan · · Score: 1

      Where do people get the idea that copying is the same as stealing when the original is still owned by the copyright owner?

      I should have made the distinction between fair use and blatant infringement. However, even in the blatant infringement aisle, copying a CD from someone else is still small potatoes. The RIAA would profit much more from encouraging iTunes and doing value-added things to CDs than they would from strafing their customer base with legal threats.

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
  87. "Intellectual property in brake pads"? by Animats · · Score: 1

    What intellectual property in brake pads? You can't copyright a functional part, and significant patents in that area ran out a long time ago.

  88. Chinese laughing all the way to the bank... by Kefaa · · Score: 1

    I have one simple question: "Why should they?"

    Think about it from a purely capitalistic view. What has the US ever done to China for trade violations of any kind? Nothing. Sure, we cry about deficits, slave labor, prison camps, and product dumping, but we do nothing.

    Let's take a simple look at the problem:
    We have a trade deficit with them.
    We need products they make, because we no longer make them.
    We have been convinced by groups like the Chamber of Commerce that MFN status would provide China an incentive to open trade.
    China is currently on a course to make it the largest trading partner in the world.

    This is not like isolating Cuba. We cannot afford to force any real sanctions. What little they do purchase from the US they will buy from the EU or US companies operating as EU companies. Even MS walks softly in China.

    This is a pure puff piece meant to make Americans feel like their government is doing something. Why? Because we have become so narcissistically capitalistic, we would not dream of forcing HP or Intel or IBM to stop trading with China to enforce anything. Otherwise, they may force us to stop trading when something turns against them.

  89. The punishment shouldn't be too harsh... by Dutchmaan · · Score: 4, Insightful

    If a U.S. soldier can get six months for ordering some Iraqis pitch off of a bridge, then an offense for IP violation should SURELY be less than that, right???

    Now before you inevitably mod me down for the previous comparison, actually consider it... and then consider who our government truly represent based on how it treats it's criminals in relation to their status of wealth and/or power in the system.

    1. Re:The punishment shouldn't be too harsh... by Anonymous Coward · · Score: 0

      I couldn't agree with you more.
      Sorry I have to reply as an AC, I moderated in this discussion.

      deBeuk

    2. Re:The punishment shouldn't be too harsh... by DeBeuk · · Score: 1

      ...and still my moderations were undone.

      --
      Reality has a notoriously liberal bias -- Stephen Colbert
    3. Re:The punishment shouldn't be too harsh... by Anonymous Coward · · Score: 0

      I whole heartedly believe that. I just suffered two car accidents in a years time. First was I idled into the person in front of me's car and skated the ticket no problem. Just gave a lawyer half of what the ticket would be. Just had a 2nd one now which was a major fuckup on my part and will skate it yet again via the same means. My lower class friends? Hell thier licence would have been revoked after the first one knowing thier luck. Gawd do I hate cars...

    4. Re:The punishment shouldn't be too harsh... by Anonymous Coward · · Score: 0

      That's the whole point. If you don't want your mods undone, use a proxy.

  90. Nietzsche comes to mind by The+I+Shing · · Score: 4, Insightful

    "Mistrust those in whom the urge to punish is strong."

    The thing about these statements that bothers me is that the industries that are affected by the piracy are doing just fine economically. Movie ticket sales are brisk, CD sales are stellar, and people are flocking to concerts, paying top dollar to see their favorite artists, and yet the industry representatives are acting as though the entire future of American entertainment is in jeopardy. Is it, really? Pop stars and movie stars, as well as the executives of the companies that promote and use them, live lives of luxury that would make the wealthiest, most powerful emperors in the history of human civilization green with envy. They are flown from one 5-star hotel to another in private jets, and are drivin in limosines to the finest restaurants in town, treated like royalty by hordes of fawning, obsequious servitors.

    I doubt that the lifestyles of the rich and famous are in any danger of bumping down a notch because a few street vendors in Beijing are hawking copies of their movies and albums.

    --
    You are in error. No-one is screaming. Thank you for your cooperation.
    1. Re:Nietzsche comes to mind by Beatbyte · · Score: 1

      the rich get richer. the poor get poorer.

      the poor haven't realized they're now consumers and not citizens and the rich have their thumb on them.

      who knows if they will soon? who knows if they ever will?

    2. Re:Nietzsche comes to mind by Alan+Cox · · Score: 1

      A few musicians make it big enough, most - even formerly famous ones - don't make much if anything, and frequently end with job terms worse than McDonalds.

      The second thing to remember is to ask where the counterfeit generated money goes. The music industry will tell you "organised crime", but disturbingly so will quite a few senior people in the front line who really have no reason to produce propoganda.

      I'd like to see knowing large scale ("industrial" ?) piracy criminalized. That would actually help no end in dealing with problems of lax enforcement in Asia because you'd be able to viably go after all the large US and EU companies who seem to spend so much time "accidentally and unknowingly" importing other peoples copyright material borrowed in Asia, rebadged and shipped back.

    3. Re:Nietzsche comes to mind by shark72 · · Score: 1

      "Pop stars and movie stars, as well as the executives of the companies that promote and use them, live lives of luxury that would make the wealthiest, most powerful emperors in the history of human civilization green with envy. They are flown from one 5-star hotel to another in private jets, and are drivin in limosines to the finest restaurants in town, treated like royalty by hordes of fawning, obsequious servitors."

      That's the problem, I think -- when somebody says "somebody who makes their living off their art," many Slashdotters picture five-star hotels and limousines. Fact is, most artists do not enjoy that lifestyle; I'd even guess that you make more money than the average artist. It's also a fact that nearly every industry (including yours) has a top 1% of wage-earners who enjoy the lifestyle you've described, but this is not moral imperative to violate the rights of those who work in that industry.

      "I doubt that the lifestyles of the rich and famous are in any danger of bumping down a notch because a few street vendors in Beijing are hawking copies of their movies and albums."

      So do I. 99% of people who make their living creating intellectual property are not rich or famous. It's these people you should empathize with, not the ones who have more money than God.

      --
      Sitting in my day care, the art is decopainted.
  91. IP violations by mabu · · Score: 2, Insightful

    When I first read the headline I thought, "Finally some cooperation between the US and China over spamming, phishing and other IP-based dubious activities."

    I should have known this was all about protecting the interests of a few large corporations and not having anything to do with making the world safer for everyone.

    I respect the right of companies to protect their intellectual property. What disgusts me is the unnaturally high priority these issues have over more important problems which have less to do with corporate profit, but directly affect more people.

  92. Soon will come the day by earthforce_1 · · Score: 2, Insightful

    When China feels strong enough to tell the US where to go and how to get there. And from the rate things are going, that day is not far off, with the Chinese economy growing by leaps and bounds while the US is bled white in Iraq. Unfortunately, it will also be a sad day for Taiwan.

    --
    My rights don't need management.
    1. Re:Soon will come the day by Anonymous Coward · · Score: 0

      "When China feels strong enough to tell the US where to go and how to get there."

      How soon we forget -- just about the same time that Japan thought it was at that point, it's whole economy collapsed. Maybe China feels luckier.

  93. Is it just me... by Anonymous Coward · · Score: 0

    or does it seem like making the maximum fine for copyright infringement the same as the maximum President Bush wants to cap non-economic damages from medical malpracice, seem a little out of whack?

  94. Hello PATRIOT act for corporations. by gelfling · · Score: 2, Insightful

    Well you can murder someone, actually murder them and get 8 years as opposed to waving a laser pointer at a plane and getting 25 years. So it stands to reason that all you fuckwits who elected an administration who believes that a corporation has the same civil and legal rights as a person woyuld also champion laws that turn civil or contract disputes into criminal laws.

    Next up; downloading music will land you in Attica.

    It really IS time to overthrow the state.

    1. Re:Hello PATRIOT act for corporations. by taustin · · Score: 1

      Well you can murder someone, actually murder them and get 8 years as opposed to waving a laser pointer at a plane and getting 25 years.

      You're comparing maximum sentence to average sentence. Which is a rather dishonest thing to do, assuming you're not just too stupid to know the difference. Sorta like the kind of dishonesty that the administration you hate so much does.

      Well, not sorta like, but rather, exactly like.

    2. Re:Hello PATRIOT act for corporations. by gelfling · · Score: 1

      Oh OK let me clarify it then. You WILL get 25 to life no parole for transporting 75 grams of cocaine as opposed to 8-15 years with parole after 85% of time served for 1st degree manslaughter.

      Now was that clearer? Or did you want another example.

      But hey, if you actually want to criminalize contract law and IP law then great, I hope that when you default on your mortgage they drag you off to debtors prison.

    3. Re:Hello PATRIOT act for corporations. by Anonymous Coward · · Score: 0


      "Oh OK let me clarify it then. You WILL get 25 to life no parole for transporting 75 grams of cocaine as opposed to 8-15 years with parole after 85% of time served for 1st degree manslaughter."

      Transporting cocaine is never justified, but often, people go to prison for manslaughter charges where they were killing in defense of themselves or others, or where unintentional negligence has placed them there. Murder is not the same thing -- expect life without parole, or death by execution for that.

      A person who has a manslaughter conviction is far more likely to deserve sympathy than anyone transporting one of the truly dangerous drugs.

    4. Re:Hello PATRIOT act for corporations. by Anonymous Coward · · Score: 0

      Uh...1st degree entails that you planned the murder nitwit which is damn hard to prove. What your thinking about is 3rd degree manslaughter. 2nd is spur of the moment like you had a disagreement with someone like they fucked you over in a buisness agreement and the next time you see them you flip and snap thier neck.

    5. Re:Hello PATRIOT act for corporations. by Kphrak · · Score: 1

      So it stands to reason that all you fuckwits who elected an administration who believes that a corporation has the same civil and legal rights as a person woyuld also champion laws that turn civil or contract disputes into criminal laws.

      As explained ad nauseum above, this is in regard to Chinese counterfeiting operations that are winked at by the PRC and are hurting US businesses. This isn't about those Britney Spears tracks you just downloaded, or the neighbor's WoW CD you copied; this is about major operations which are strictly designed to copy someone else's product en masse to make money for the group doing it. This is exactly the sort of group that the government should be prosecuting (as opposed to P2Pers, etc). The difference between file sharers and these groups is like the difference between someone going over the speed limit and a scam artist who intentionally has accidents to fraudulently collect the insurance money.

      It really IS time to overthrow the state.

      No. It isn't time. If it was, you'd be organizing people or joining an organization to overthrow the state (such organizations do exist). Instead, you are bitching on Slashdot like the rest of us. This is a clear sign to me that you don't really think it's time to overthrow the state; rather, you're just saying it because you're frustrated and it sounds like a nice thing to say.

      --

      There's no sig like this sig anywhere near this sig, so this must be the sig.
    6. Re:Hello PATRIOT act for corporations. by Anonymous Coward · · Score: 0

      I'll tell ya what, cully, if they ever haul a granny off to prison for her grand kids file sharing, I'll do two things.

      One, form an organisation to stand outside that prison and protest until it drops or we do.

      Two, form an organisation to shoot, bomb, and do in those responsible for treading on my dreams, and their servants.

      It worked in Northern Ireland, and if you think the US has any better ideas on how to crack down on terrorism than the UK, you have a whole other think coming.

    7. Re:Hello PATRIOT act for corporations. by Shadowlore · · Score: 1

      a corporation has the same civil and legal rights as a person

      For the most part that has been a matter of law for decades -- thought corporations have many legal rights a natural person does not get. So blamign tht on Bush is as far off the mark as you can get. That said, selling things that are not what you claim them to be is considered fraud and is wrong and criminal.

      Funny how you talk about people who apparently do not agree with you as "fuckwits" when you clearly don't know the history of legal rights in the US.

      mods: nothing insightful about either this post or it's parent.

      --
      My Suburban burns less gasoline than your Prius.
  95. Jailing Chinese won't stop piracy by Anita+Coney · · Score: 2, Insightful

    Think of all the piracy here in the US where we have a cultural history which respects IP. You can download music, software, movies, etc, all for free. In cities it's quite common to be able to buy pirated movies and music. In other words, there is a LOT of piracy.

    For decades under Communist rule IP was regarded as being owned by the people. In other words, there is no cultural background which required a respect of IP. In China there are no real music stores. Nearly all music sold is pirated. Artists make money from performing on TV and doing advertisements for other products. In fact I recently read an article where no one in China publishes a top 100 sales list for music because it'd be impossible to determine.

    Putting Chinese in jail for violating IP simply will not work to change a 100 year old tide. All it would do is piss off a LOT of people and I doubt that the Chinese government would be willing to do that.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  96. Conditional trade policies make sense... by PornMaster · · Score: 1

    I think that saying, "If you don't play fair, we'll put a tarriff on imports from China" is the prerogative of a government addressing international trade with a partner who's done little to address your concerns about illegal business activities.

  97. Getting the wrong idea by SirGarlon · · Score: 1

    For those who didn't RTFA, the article is not about making "piracy" a criminal offense in the United States (it already is, according to the "FBI Warning" on all my DVD's), but about U.S. pressure to get China to start making/enforcing laws against distributing copyrighted/patented material.

    --
    [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
  98. Not even close. by Anonymous Coward · · Score: 1, Insightful
    You get drunk and assault somebody, it's the same as if you were sober and assaulted somebody

    If you go drunk with the intent to (ie. to muster up the courage to) assault somebody in particular, then maybe. Otherwise, get real.
    1. Re:Not even close. by westlake · · Score: 3, Insightful
      If you go drunk with the intent to (ie. to muster up the courage to) assault somebody in particular, then maybe. Otherwise, get real.

      Get real yourself. You drink, you drive, you kill someone, the charge can still be homicide:

      The most important single fact to remember about intoxication is that in most courts, intoxication will not negate the element of recklessness. In other words, if a particular element of a crime can be satisfied by a mental state of recklessness, D's intoxication will be irrelevant. Responsibility

    2. Re:Not even close. by aichpvee · · Score: 1

      Which has pretty much nothing to do with going to jail for IP infringement. You guys are all offtopic and talking non-sense. Putting people in jail for violence is one of the GOOD reasons we put people in jail. Because most of us don't want to be killed or injured so we all agree not to kill and injure each other. Those who don't like it aren't allowed out around the rest of us. A 12yo downloading a Britney Spears's song hardly fits the bill.

      --
      The Farewell Tour II
    3. Re:Not even close. by Yer+Mom · · Score: 1
      What? If you get so drunk that you can't stop yourself from assaulting someone, then you should have stopped drinking earlier.

      You can't say "I didn't choose to assault him, I was drunk". You CHOSE to get drunk. Now take responsibility for your choice.

      (Obviously, if somebody spikes your drink, that's a whole different ball game. And, for the record, I like a beer or five myself. So do most of my friends. But we don't go around punching people, smashing stuff, screaming outside people's windows at 2am, or even writing on the toilet walls.)

      --
      Never mind Spamassassin. When's Spammerassassin coming out?
  99. Off-Topic: How Would You Control It? by ewhac · · Score: 1
    They fobid women from having more than one child and force millions of Chineese women to have abortions. [ ... ]

    I'm a white male, so clearly I'm about to offend the fairer half the population, but... How would you suggest China deal with its population explosion? A major news story recently highlighted the fact that China has just given birth to its 1,300,000,000th citizen. 1.3 billion people has very real consequences in terms of basic resource consumption (food, clean water, fuel/energy, etc.). China saw that, if they didn't do something, they were going to have very, very nasty problems down the line. So they're trying to get a handle on their population growth.

    We who sit in our comfortably heated homes with an oil-guzzling SUV in the driveway and broadband internet going to our PDAs may tut-tut China's "barbaric" approach. But, in the final analysis, the only way to get the population count under control is to stop reproducing. How best to accomplish this? Government-issued procreation licenses? Mass sterilzation? File everyone into Carousel on their 30th birthday?

    It's an icky problem, as it runs counter to our primal instincts. China's solution may not be the best, but then neither are any of the others. At the very least, they should be given some credit for having the courage to address the problem at all.

    Donning asbestos shorts,
    Schwab

  100. Right to vote by Anonymous Coward · · Score: 0

    With the US pushing other countries to adopt their way of doing things and making citizens of other nations subject to their code of law, I think it's only fair that we should be given the right to vote in the US.
    Over the years corporations have gotten a firm hold on political offices and the only thing they care about is squeezing every last cent out of citizens. Ever wondered why the US system of education is so abhorrent? It's a lot easier to supress and indoctrinate the uneducated. The rest of the world (a huge majority anyway) didn't want Kerry to win because they "hate the US" or something like that, they just have a clearer picture of what's going on inside the US and what the effects are on the rest of the world. A mojority of the US citizens just don't seem to care about that.

  101. A minor point by TiggertheMad · · Score: 4, Insightful

    I was reading the parent's quote that we are telling China to put more people in prison for IP violation. At the same time, the US has been pressuring China over human right issues. I guess the message we are sending them is something akin to, 'Throw more people in jail, but be nice to them, too.'

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
    1. Re:A minor point by ScentCone · · Score: 1, Interesting

      Honestly, you'd think that no one reading this thread has every had someone steal the work or something. The whole point is that, to Chinese industry (and Korea, too), every bit of hard intellectual work that the the western world does is simply considered free for the taking. They are building their economy on theft, and figuring that they can build up a culture of actual innovation some other day when they no longer have people smarter than them to steal from. The message from our government isn't "put people in jail" for the fun of it, or because we like having people in jail, but "convey to your citizens that stealing is stealing, or start to lose what you're completely dependent upon: easy trade with the western hemisphere."

      --
      Don't disappoint your bird dog. Go to the range.
    2. Re:A minor point by Dr.Hair · · Score: 1

      There may be some problem with intellectual property violations in China and Korea, though it's hardly the foundation of their economy, but there are civil laws already in place.

      Just as it is in the US, if you want to protect your intellectual property, it is up to you to find the violators and take them to court.

      This would move the situation from the RIAA handing out civil subpoenas to the local DA or US AG handing out criminal subpoenas. Why should the government be responsible for more than providing you with a time-limited monopoly and become responsible for the financial and time burden of defending your potential profitability?

  102. The word you're looking for by Anonymous Coward · · Score: 0

    is probably 'dissenters'.

  103. Just for a moment.. by mikael · · Score: 1

    I thought IP meant Internet Protocol... ... the Chinese are going to lock up every programmer who writes a dodgy protocol driver?

    --
    Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
  104. Ok, I agree but we must apply this to all by stormesj · · Score: 1

    Say a company downloads some code from the Internet then decides to license this code to fortune 1000 companies, without having rights to license the code. Is this piracy?

    No, it's SCO. The BSA is silent

    Say another company downloads some code from the Internet, burns some CD, selling "licenses" of Windows 2003 server. Is this priacy?

    Yes, it's piracy, because the BSA says so.

    Piracy is piracy.

    BSA get off your a** and look into it, or are you just MS lap dog.

    BSA, the best justice money can buy.

    Like most politicians Don Evans wants to criminalize the poor to support the rich.

  105. Interesting Side Effect by vrtladept · · Score: 1

    If Copyright infringements were made illegal and cause of criminal action, wouldn't that take away some of the power of the RIAA? They would have to convince a government employeed attorney to press charges? Not that that would be too hard, but could chane the ball game.

  106. FFS by web_boyo_in_sac · · Score: 1

    That's it, I'm moving to Denmark!

  107. Moot Point by WebCowboy · · Score: 2, Insightful

    Fact is, it is extremely unlikely that the Chinese would request that the US alter its laws.

    That's because US laws are already quite favourable to Chinese business interests. Furthermore, US Corporations generally bend over backwards to accomodate their Chinese hosts. In terms of potential market size, US is a big fish, but China is a whale. Guess who's going to set the rules of the game?

    In any case, I think we are beyond telling China to play by our rules or we'll take our marbles home, because they have enough marbles of their own and they play the game here too. "Enforce copyright or face sanctions" would not ever work. Sanctions haven't ousted Castro from Cuba after all these decades (even without Soviet support) and it wouldn't be so much as a flea bite for China.

    Odd as it is to say about "Communist" China I'd venture to say an economic carrot would be more effective. If the US made a convincing argument that strict enforcement of copyrights would result in millions/billions more money to the government, then the Chinese government will be all too happy to throw street vendors in gulags and steamroll over their $2 copies of WinXP.

  108. Put all the geeks away by TylerDurden0 · · Score: 1

    This is so ridiculous how these decisions are made. I'll bet cops are happy about this. It's much easier to disarm a geek rather than some knife-wielding, rapist murder high on PCP. Yeah, real good idea. Forget about all those murderers, rapists, child molesters, car jackers, wife-beaters, and common thieves. File theft is much more harmful to people and can really bring about the apocalypse if not stopped. All of this because movies and music are worth crap lately and those industries would rather put people away for not paying to than to actually put forth some taste and effort to make your business more profitable. Sweet freaking christ on a popsicle stick.

    --
    Warning: I am the silence machine.
    1. Re:Put all the geeks away by shark72 · · Score: 1

      How about if the geek is running a company that's producing pirated CDs and DVDs by the thousands and selling them on the streets? That's what the article's about -- punishing these people.

      --
      Sitting in my day care, the art is decopainted.
    2. Re:Put all the geeks away by TylerDurden0 · · Score: 1

      I understand that, but my point is that there are violent criminals out there and law enforcement seems under the impression that these white-collar criminals are more dangerous to society. We agree it's wrong, but certainly less of a problem than the criminal element I mentioned.

      --
      Warning: I am the silence machine.
  109. IP is the only thing US has left by Anonymous Coward · · Score: 0

    Face the truth. This is not just about trying to put citizens in jail. This is being played on two fronts and why I think the government is willing to side with the media companies here. Real manufactoring is gone from the US and not coming back. Agiculture is leaving the US and not coming back. Raw material mining and fuel/energy sources are leaving and MAY come back at some point but not cost effective right now.. IP is the only thing corporate america has left in the new global economy. US can not compete and sustain the standard of living it has now with everything gone. IP is a last ditch effort and the government feels it has do something so we can still have a GDP. Of course we all know that IP can not support everyone in the US but the corporations and media companies (the few left after consolidation) are covered! Biff Tannon may really control the US soon.

  110. China has got to.... China, not US by strider_starslayer · · Score: 1

    This is so typical of the american arrogance. China has got to start looking out for US company interestes? China has got to start doing things that the US isin't even doing yet!?! To protect american buisneesses?

    If I were a governing individual in China, I would be so upset about such a statement I'd make up some sort of law that imunises chinese hackers and IP infringers so long as it was all american material.

    --
    -Millions of Monkeys, Millions of typewriters, 6 hours of sorting through faeces encrusted pages to find: This post
  111. Wait a minute! by Striver · · Score: 1

    China has 'got to start putting people in jail.'

    So they can use them as slave labor to make cheap knock-offs of U.S. products?

    --
    this is loaner...my sig is in the shop
  112. Well said by Anonymous Coward · · Score: 0

    I agree, it's good to see some rational thought instead of the "anything having to do with IP or copyrights is bad and OMG laws are teh sux0r" mentality. Surely the Linux-loving Slashdot crowd would not be so keen on companies copying the Linux kernel and making tons of money off of it without respecting the authors and following the terms of the GPL.

  113. Re:Cultural Footnote.... by feloneous+cat · · Score: 1

    The book "Les Miserables" detailed (partly) the plight of Jean Valjean who was convicted due to a "three strikes" law enacted in France.

    I find it curious that we seem to have a government now where everyone wants to be police inspector Javert...

    As much as the world changes, there is a lot that seems to remain the same...

    I am not a book critic... but I hear them a lot on NPR

    --
    IANAL, but I've seen actors play them on TV
  114. Great! by Anonymous Coward · · Score: 0

    Just imagine the day where you can put people behind bars for incorporating GPLed software into free software that is not GPL compatible (say, apache). That might be a copyright violation, too.

    And why stop there? Change the law to prosecute the end-users, and the entire Linux community can meet in jail after someone forgot to check a patch to the Linux kernel. Shortly thereafter, we'll catch Billy do the same, and we can just declare the US one big concentration camp and be over with it. Most people would probably not even notice the difference at that point.

  115. time will tell by N3wsByt3 · · Score: 1

    Indeed.

    Well, I object a bit to your analogy comparing P2P progs to bacteria (which makes it a pejorative thing), but to some extend you have a point.

    Ofcourse, the comparison is rather arbitrary, so I could as well say that the RIAA and consorts are the bacteria, and as long as innovation like P2P progs keeps going, they can stay one step ahead. And if P2P coders stay ahead of the curve, maybe *they* can rid the world of most hollywood interference. And clearly they will never eliminate all paying customers that pay for over-priced CDs, but if they make it easy and safe enough, people might rather prefer to download it. ;-)

    --
    --- "To pee or not to pee, that is the question." ---
  116. Were all.... by Anonymous Coward · · Score: 0

    fsck'd

  117. no need to imagine by twitter · · Score: 1
    Imagine the reaction if senior Chinese officials started calling for the internal laws of the US to be altered to suit Chinese business interests.

    It happens all the time. Regular Chinese propaganda is ignored. Regular donations to the Democratic party cause a scandal no one has time to care about. The second calling earned China most favorable nation status under Clinton, so both internal and international laws were tuned to suit Chinese business interests.

    --

    Friends don't help friends install M$ junk.

  118. 12% of world population, 25% of world prision pop. by TheLittleJetson · · Score: 2, Insightful

    LAND OF THE FREE INDEED.

  119. Breaking Point by Anonymous Coward · · Score: 0

    If this happens I will have finally found my calling in life...

    Organizing Massive Civil Disobedience.

    Or maybe I'll just move to a country that cares about 'People'.

  120. Submarine Patents by jafac · · Score: 1

    If we can put people who abuse IP law in jail, (RIAA, MPAA, SCO, Rambus) in jail, then I'm all for it.

    --

    These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  121. Re:Off-Topic: How Would You Control It? by The+One+and+Only · · Score: 1

    There is, as of now, no such thing as overpopulation. The entire world population could live in Texas comfortably, and each family could have a relatively large plot of land, leaving the entire rest of the world for farming, industrial production, and resource gathering. China is not suffering from overpopulation. They are suffering from underproduction. The Chinese economy is too weak to support and feed the people who are being born. Also, their economic system doesn't always impose the costs of raising children onto the parents. That alone would stop population growth--people don't have children if they can't afford them.

    However, the Chinese want to preserve their backward, inefficient amalgamation of fascism, communism, and crony capitalism. The only way to do that is by stemming population growth.

    --
    In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
  122. And I think it is appropriate, in this case by Sycraft-fu · · Score: 1

    There's a big difference between simple copyright infringement (as in making a digital copy of something you do not have the rights to) and counterfiting (as in making a fake copy for resale). Counterfiting is something that actually does cause loss of sales. People buy counterfitted copies in place of real ones, often unknowingly.

    This is also another part of the problem, is it turns into fraud. A consumer buys software with the belief they are buying legit software and doing the right thing. In fact they are buying counterfit software and the money goes to the pockets of the counterfiters.

    This is much more serious. I often compare copyright infringement to speeding, as I believe they are both about the same level of crime, and deserve about the same level of punshment. In the case of coutnerfiting operations I would compare it more to drunk driving, or at least reckless driving. It's a real crime with real harm that is easy to see.

    So I can't see any reason not to support this. This isn't a case of people excersizing rights, or of information wanting to be free, it's just people ripping others off to make an easy buck.

  123. To Mr. Vader by Ath · · Score: 1
    "The more you tighten your grip, the more ... ahem ... piracy ... ahem ... will slip through your fingers."

    I worked at a large entertainment company about 10 years ago. It seems strange to watch the reaction today, as I thought their behavior then showed they had learned that they only way to combat true piracy (that is, lost sales to piracy as opposed to piracy for piracy's sake) is to offer a product with superior quality. It seems those people have moved on.

  124. Or GATT. by Ungrounded+Lightning · · Score: 1

    Imagine the reaction if senior Chinese officials started calling for the internal laws of the US to be altered to suit Chinese business interests.

    Like the Kyoto treaty?


    Or GATT, which is already ratified, and is being used by Asian interests in an attempt to force changes in US laws. Among them: changing hunting laws to allow commercial hunting. (Among other things, there's a brisk trade in bear bile, which has medical applications in Asian medicine.)

    Not to mention NAFTA which is forcing similar changes in other US and state laws. Among them traffic laws - to allow Mexican truckers to drive US highways with equipment and driver training far below the normal standards of most US states.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  125. IP in China is talking Copyright by dbacher · · Score: 1

    OK folks, take off your tin hats...

    People with a copyright on software are trying to enforce it, and would like the existing, criminal punishment for infringement enforced. Pop a DVD into your drive, or pop a VHS in and watch the FBI warning. See where it says "Felony" and "Violation of International Law?"

    In China, and most other asian countries, you have 3-4 pirated copies of copyrighted software for each legal one, and these are sold on the street for a fraction of the cost of the real programs. The people buying them aren't told they are pirated (although most should know), and often call the software company looking for help, etc.

    It already is a criminal offense to violate Copyright, something the Free Software Foundation has used and threatened to use in the past, but now that our government is asking China and other Asian countries, as well as our own, to enforce existing laws that benefit big corporations, small businesses and non-profit groups alike, and that protect your right to license and distribute your work in the manner you choose, it's suddenly a bad thing?

    --
    If your code is acting bloated, and is running rather slow, it's likely and predicted that some loops you will unroll.
  126. An economy built on theft? Step right up! by Dogtanian · · Score: 4, Insightful

    The whole point is that, to Chinese industry (and Korea, too), every bit of hard intellectual work that the the western world does is simply considered free for the taking. They are building their economy on theft, and figuring that they can build up a culture of actual innovation some other day when they no longer have people smarter than them to steal from.

    Oh, the irony.

    --
    "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    1. Re:An economy built on theft? Step right up! by ScentCone · · Score: 3, Insightful

      So what? I'm not talking about the past. I'm talking about right now, and about the hugely (and rapidly) changing nature of what we do. Just because someone else (not you, not me) did something in the past doesn't mean that we should ignore the fact that it's being done right now by someone else (as if things won't somehow be just in some cosmic way unless someone else makes the same mistakes).

      Slavery was wrong. We did something about it, losing untold thousands of lives in the process. But in Africa, you've got it all still happening, and some people seem to think that we've got no moral standing to complain about it or point it out. The people who owned slaves, or fought to keep them, had no moral standing. But that was in the past. There were Germans who killed millions of people... but that's not who's running the show there now, either.

      I don't steal IP - I create it for a living. I've got the right to seek intervention when someone steals it from me, and the obligation to see to it that the fastest growing ecomomy in the world (China) doesn't come apart at the seams because it's built on a stolen-IP house of cards. It's not irony, it's called getting your act together and learning from the past. Our laws are still muddled on this front, but at least there's something there to work on. Much of the rest of world isn't muddled: they're completely clear on their willingness to institutionally rob programmers, engineers, musicians, architects, and every other creative professional blind. Industries in China and Korea steal from each other, too, but there's not enough industrial innovation there yet for them to really want to change their ways in their own defense.

      You want irony? Irony is that if China were to truly stop IP theft, people there would be forced to really, really innovate and compete - and then we'd have a different, possibly bigger problem: 1.3 billion (!) people gunning for us on a level playing field. But that's the sort of confrontation that works out better for everyone. Rational competition works, but only when we're all playing by something like the same rules.

      --
      Don't disappoint your bird dog. Go to the range.
    2. Re:An economy built on theft? Step right up! by Dogtanian · · Score: 1, Flamebait

      (Before I proceed, I should point out that I'm not American, which will obviously give me a different viewpoint).

      A lot of what you said was valid, and insightful. However, it had to be pointed out that your country's economy was founded, in part, on what might be considered 'theft' of other countries' IP. This changed, not because someone woke up one morning and saw that it was 'wrong', but because the situation had changed such that it was in the US's interest to have stronger mutual IP agreements.

      You say that you didn't take part in this; of course you didn't, but you enjoy the benefits of an economy built on such behaviour- right, or wrong. To criticise other countries for doing roughly the same thing at an early stage in their economic development seems distinctly unfair.

      You may be right to say that this is not good for China; I suspect that, like the US before it, China would recognise this in its own good time and change its behaviour accordingly without outside forces. (Or you could argue that the situation China is now in is the one the US was in 100 or so years ago).

      Personally, I'm not an "information wants to be free" idealist; I plan on creating a lot of stuff in my lifetime, and I want it to be protected under appropriate laws.

      However, I am strongly opposed to the Disney-style extension of copyright for longer and longer periods. I don't see anyone from Disney lining up to pay the descendants of the original authors of the stories that they based much of *their* IP on, so it seems it has little to do with principle, and everything to do with protecting their own interest ("Well, duh!").

      With reference to "playing by the same rules". Whose rules? Rules that suit those in a mature economy (built on rather *less* stringent IP protection) that now stands to benefit from strict IP? Or mutually agreed rules that would benefit everyone? (Nah... I'm not really naive enough to believe that that would happen, even if everyone could happily agree, which they couldn't).

      As I said above, regargless of your personal behaviour, recognise that the economy you benefit from is built on freer attitudes towards IP; attitudes that have now matured. Ultimately, I think IP is a good thing if used wisely, but it can equally be a blunt tool to stifle rival economies.

      Oh, and I think you brought the Nazis into your argument at some stage. By all rights, this means I get to win the argument, but I'll let you off the hook on that one ;)

      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    3. Re:An economy built on theft? Step right up! by ScentCone · · Score: 1

      I'm not American

      Great! That enriches the conversation tremendously.

      Of course every country has built its success on the work of others to some extent. I think that what's of most concern to me now is the compression of these cycles. On one hand, I think that the more instantaneously that China reaches high-tech prosperity, the quicker they'll get past their inefficient consumption of oil, forests, and so on. And if they follow the usual curve, their increased prosperity and sophistication will also reduce their population pressure. These are all good things, but will be tainted by the establishment of a persistent pirate mentality when it comes to IP.

      At some point, China too will be an information economy (hosting the Olympics might help!), but if they don't fundamentally shift their take on this issue, they'll end up having their own internal, industrial civil war, and be shocked - shocked! - that every entity in China is stealing from every other entity in China.

      Egads: I wasn't really thinking "I know, I'll play the Nazi card!" Rather, I was playing the opposite: the lack of any meaningful echos of that period/mindset. It was a clumsy example, and I'll defer to the judges as to whether it overshadows what I'm trying to convey, here. It wasn't meant as a cheap shot, that's for sure. On the other hand, I spend a lot of time hearing from non-Americans that we're "fascists," so perhaps I reach for that bit of ammo too often.

      --
      Don't disappoint your bird dog. Go to the range.
    4. Re:An economy built on theft? Step right up! by Dogtanian · · Score: 1

      Regarding the "not American" comment. It was context for the rest of my comment. Nothing more.

      Since Slashdot is (like it or not) US-based and US-biased, I didn't want to hide behind the implicit assumption of American-ness, since I felt this would be lying by omission and possibly confuse the argument. My basis of argument is not the same as yours. That might or might not colour it. No big deal beyond what I said.

      You said " At some point, China too will be an information economy (hosting the Olympics might help!), but if they don't fundamentally shift their take on this issue, they'll end up having their own internal, industrial civil war, and be shocked - shocked! - that every entity in China is stealing from every other entity in China."

      Like I said, if China has any common sense, they'd sort that out when it began to be a problem. Of course, there would be nothing stopping them applying higher standards of protection within their own country than to works originating outside China (as the US did at one stage). On the other hand, other countries wouldn't like this, so it would probably be in their interest to apply IP protection more fairly.

      And regarding the Nazis comment; it was somewhat tongue-in-cheek, though I'd hoped that would have been clear from the winking smiley at the end.

      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    5. Re:An economy built on theft? Step right up! by ScentCone · · Score: 1

      I understand the context of your not-American-ness, and appreciate that you even contemplate context as you write (rare in this type of forum, to be sure).

      I suspect that China's citizens do have common sense, and their own nascent IP innovators will yearn for protection and opportunity in that area. The problem is that the murderous, life-devouring, totalitarian socialist beasties that run the place have a lot of inertia. The IP issues at play here are evolving far more quickly than the inertia can currently be overcome, and the fallout seems to be the wild west piracy party that we're witnessing.

      Oh: I got the thrust of your Nazi comment immediately - I supposed my too-verbose comment back on that was for the benefit of readers that may not stop to think about it.

      --
      Don't disappoint your bird dog. Go to the range.
    6. Re:An economy built on theft? Step right up! by Dogtanian · · Score: 1

      Yeah; my comments about China did not take into account the 'Communist' party's self-preservation instinct.

      Of course, when those in power have to choose between the good of the country and their retaining power, they will choose to remain power.

      The Chinese government is, regardless of what they claim, no more 'socialist' or 'communist' than they are 'democratic' (which is in the name of the country, just like it was with East Germany). They are a self-serving dictatorship which came to power using that as its basis, but the ideology is now long-gone.

      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    7. Re:An economy built on theft? Step right up! by dbIII · · Score: 1
      So what? I'm not talking about the past. I'm talking about right now
      So what's happening right now in US run prisons? Strip for photos with the gaurd dogs guys. Torture may not be happening on the mainland, but your government is still allowing it to happen.
    8. Re:An economy built on theft? Step right up! by ScentCone · · Score: 1

      We're talking about policy, here, and law. The giong policy in China is to completely ignore any traditional international law and treaty regarding intellectual property. Never mind their own internal laws (or lack thereof).

      The difference is that we have laws and policies that stand against the sorts of abuses you talk about, and the few idiots who took it and ran with it are now paying the price. You can't use the "governement allows it to happen" argument unless you're also suggesting that the government "allows" every mugging, rape, robbery, and so on. You can't prevent people you trust from doing dumn-ass things. But you can straighten them out.

      In China, no one is straightening anyone out, and they're just growing up an entire genration of poeple that will never understand the issue.

      --
      Don't disappoint your bird dog. Go to the range.
    9. Re:An economy built on theft? Step right up! by dbIII · · Score: 1
      You can't use the "governement allows it to happen" argument unless you're also suggesting that the government "allows" every mugging, rape, robbery, and so on.
      It's a different story when representatives of the US government do it in US government run facilities - responsibility has to be taken - which is why the FBI was worried about the issue (paticularly in Cuba) and is attempting to take action.
    10. Re:An economy built on theft? Step right up! by Kjella · · Score: 1

      I don't steal IP - I create it for a living. I've got the right to seek intervention when someone steals it from me, and the obligation to see to it that the fastest growing ecomomy in the world (China) doesn't come apart at the seams because it's built on a stolen-IP house of cards.

      Of course, that's just ignoring the part that says that each country is sovereign and have the right to make their own laws. Here's a fundamental problem with IP. If you own a house in the US, and China is communist and doesn't recognize private property, no problem. If you own a copyright in the US, and China doesn't recognize the copyright, you're screwed.

      Your entire post is based on the ex facto assumption that US law should be valid everywhere else. Here's a newsflash for you. If you want to put it to something like a global "vote", the 95%+ of the world that is not the US should be able to do the same. If the US can force IP law in China, why can't we force the Kyoto agreement on the US? Oh sorry, it's only supposed to work one way. The US way.

      Kjella

      --
      Live today, because you never know what tomorrow brings
    11. Re:An economy built on theft? Step right up! by Anonymous Coward · · Score: 0

      "I've got the [..] obligation to see to it that the fastest growing ecomomy in the world (China) doesn't come apart at the seams because it's built on a stolen-IP house of cards."

      Fond of yourself, aren't you?

      What you mean to say is "I am very comfortable living in a prosperous nation whose early industrial success was built on IP theft, but now that it's happening to us, it's evil.." China will no doubt wish to go this way in a decade or two, when chinese IP becomes a major source of income from overseas, but for now it is most certainly not in their interest.

      If you wish these laws to be respected the world over, are various american industries (steel, textiles, etc) willing to pay hundreds of years of back royalties to the european nations from whom the techniques were appropriated?

      Come to think of it, America uses a hell of a lot of gunpowder, and I seem to recall that being a Chinese invention...

    12. Re:An economy built on theft? Step right up! by ScentCone · · Score: 1

      Your entire post is based on the ex facto assumption that US law should be valid everywhere else.

      Actually, I neither said nor implied that. What I mean is that if China wants to benefit from a monetary relationship with me (and my country), they need to do so under mutually agreeable terms. If they agree to stop IP theft, but don't actually do anything about it, they're violating their agreement. If a new factory opens in China, and they use completely pirated, largely-US-innovated software and operating systems to run their manufacturing processes, their accounting, their communications, etc., but still expect the rest of the world (who have to pay for their own systems, which adds to the cost of their own manufacturing - making them less competitive) to pay what they ask for their goods - that's a structural imbalance that screws the software creators (not to mention every other factory that actually pays for that software).

      We're not forcing China to make goods (for which we pay!). They love to be in that relationship. But we can tell them that the relationship is flawed, and ultimately going to cost them huge tarrifs and other penalties if they insist on robbing our content/IP people blind. Again, that's a deal they can choose to embrace or not. We're not talking about force (the way they like to talk about Taiwan, I might add - that's something else they'd like to pirate).

      I'm sure China would love it if we were confined by Kyoto... because that deeply flawed bit of feel-good fluff would do nothing to impact the environment, but would cripple western economies while leaving China, India, and other huge polluters off the hook. You bet China would like that. It would make their cheaply produced goods even more competitive.

      it's only supposed to work one way

      True. It's only supposed to work when all parties to a transaction or process agree to participate, and agree on the rules, and actually uphold their end of the bargain. China is notorious on that last part, and we have every reason and right to hold them accountable. They have cheap goods (which we like), and we have cash (which they like), but they also have intellectual property (which they like, but choose to steal, rather than buy).

      This isn't about US laws being enforced elsewhere (come on, now). It's not about some world-wide "vote" on the subject. This is about China not lying when they make international agreements about billions of dollars worth of IP, even as they steal it and use it to position their growing economy for competition propped up by something they didn't have to pay for. They can do it all they want, but the consequences will have to hit them where it will (legally) hurt them: in the way we do or do not choose to pay for their manufactured goods.

      --
      Don't disappoint your bird dog. Go to the range.
  127. Too much law, man. by eyeball · · Score: 1

    Property is about to go from 9/10ths of the law to 10/10ths of the law.

    --

    _______
    2B1ASK1
    1. Re:Too much law, man. by Anonymous Coward · · Score: 0

      Uh... thats *posession* is 9/10's of the law.

      Refers to an entirely different thing. This is used to determine ownership, the idea being that whoever has the thing for most of the time, or for all of the time, technically owns it (9/10's of it, that is).

      Property law is nowhere near 10/10's of the law, and not only that, but that doesn't have anything to do with this anyways.

  128. The Most Uninsightful Comment by Anonymous Coward · · Score: 0
    Seriously, is everybody here the mental equivalent of 10 year olds?

    I suppose we could just release the murderers, robbers, and rapists to make the ratio more balanced.

    The Land of The Free usually means that you're free until you start committing crimes. Everybody not in jail seems to be doing just fine.

  129. Re:12% of world population, 25% of world prision p by Anonymous Coward · · Score: 0

    You're free to leave.

  130. Sanctions! by Dogtanian · · Score: 1

    If China doesn't comply, are the US government going to threaten them with banning imports of Chinese-made goods?

    Ha ha ha ha ha. No.

    Can you imagine the riots in the streets if the price of a DVD player went up from $30 to $100?

    Plus, Wal-Mart would be forced to stage a coup-d'etat to ensure their own survival.

    --
    "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
  131. Sickening by Anonymous Coward · · Score: 0

    These kinds of things should not be allowed to happen. Nobody wants to live in such a world.

  132. They will cash you in for your parts... by Anonymous Coward · · Score: 0

    Like they do in China.

    Your corneas, kidneys, skin joints, etc. all told are worth around $300,000

    Of course, then you have to die....

    CRIMINAL!!!!

  133. Re:Off-Topic: How Would You Control It? by Maniakes · · Score: 2, Insightful

    their economic system doesn't always impose the costs of raising children onto the parents. That alone would stop population growth--people don't have children if they can't afford them.

    This is worth emphasizing.

    One of the main reasons why first-world countries tend to have much lower birth rates than third world countries is that children cost money in the former but make money in the latter.

    Almost all first world countries heavily subsidize health care and education, but 20+ years of food, clothing, and shelter, not to mention college education and all the little luxuries that are commonplace in our socities, adds up to a heck of a lot of money before our kids are ready to pull their own weight.

    In third world countries, especially the ones with the worst population problems, there's not much in the way of college or luxuries for anyone. And in a society where most people are subsistance farmers, it's not very long before the little ones are old enough to help with the weeding, or to go to town and work in the Nike factory.

    --
    A legparnasom tele van angolnaval.
  134. Re:Off-Topic: How Would You Control It? by Eraser_ · · Score: 1

    That alone would stop population growth--people don't have children if they can't afford them.

    While I believe that we could do wonders if we could just reorganize as a world, not by moving millions of people around, but similar. However that line is a purly a joke at its finest. Have you ever noticed sometimes it's the poorest people who seem to have the most children? Not all of the poverty was caused by having a zillion children, it was there to begin with and they decided to put another mouth to feed in their house.

    People (Not /., the idiots who reproduce when they can't afford to accidents aside), birth control is free or near free. Compared to having a kid those $1/pop condoms are an investment which will return many many times over, even if you do it many times each night. Male sterilization is also quick and easy once you have had your kid(s) that you can afford. We aren't going to stop people from screwing like dogs in heat, but lord people it's just a peice of plastic, a little hormone, or 2 little snips.

  135. Piracy Crackdown Sending Mixed Message by Tirkillian · · Score: 1

    The US--especially in today's globalized market--promotes the very idea of "piracy" by exploiting labor (intellectual, physical, etc.) for maximum profit. So, it's against the law to market advertised, idolized, and copywritten goods, but it is a wise business move to have a sweatshop in China manufacture your advertised, idolized, and copywritten goods? I think those "pirates" making some good cash and doing well deserve a medal for adapting to the constant pressure of the US consumer economy. Then maybe they can branch out and get some DVD labor camps setup in middle America since most of our blue collar jobs are tucked away over the border.

  136. Re:Copyright infringment already criminal in the U by thisissilly · · Score: 2, Informative

    Not anymore. The "No Electronic Theft Act" (aka NET Act) of 1997 makes it a felony to reproduce or distribute copies of copyrighted works, even if there is no profit.

  137. Speaking of "the bitch" by serutan · · Score: 3, Funny

    Cellmate A: robbery, assault with deadly weapon.
    Cellmate B: downloaded Eminem on BitTorrent.

    Figure it out.

    1. Re:Speaking of "the bitch" by Anonymous Coward · · Score: 0

      Isn't listening to Eminem punishment enough?

    2. Re:Speaking of "the bitch" by Firedog · · Score: 1

      According to some, Eminem is not just punishment, it's torture!

  138. Re:Off-Topic: How Would You Control It? by ewhac · · Score: 1
    The entire world population could live in Texas comfortably, and each family could have a relatively large plot of land,

    Uh, no. Do the math.

    Texas is 267,000 square miles. At 640 acres to the square mile, this yields 170,880,000 acres. There are 43560 square feet to an acre.

    Current population of the Earth is estimated at somewhere north of 6.4 billion people. So, cramming 6,400,000,000 people on to 170,880,000 acres of land means every person gets roughly 1160 square feet to play with (completely ignoring, of course, the square footage needed for transportation, utilities, power generation, sewage treatment, etc. to serve all those people). Assuming you define a family as being four people, that's a whopping 1/10th of an acre.

    Whoop-de-shit.

    At our current level of technological and social development, it is ludicrous to believe any such thing could work.

    Schwab

  139. at last!! by geoff+lane · · Score: 1

    When your 2nd cousin uses your best joke at someone elses wedding you can get the bastard locked up..

    We've been waiting for this for years!

  140. Maglev trains by Alan+Cox · · Score: 1

    Its called "reverse engineering". Everyone does it. People at Boeing take apart airbus equipment and vice versa, Every car company takes apart each others vehicles. Chip vendors X-ray each others components. 3am poking around may be a bit odd but they could have ordered one train, taken it apart and built some more.

    Thats a seperate issue to patents and their enforcability.

    Alan

  141. Re:12% of world population, 25% of world prision p by Anonymous Coward · · Score: 0

    Where do you get those stats?

    The US is just shy of 5% of the world's population by my reckoning (~300 million in the US vs. ~6 billion in the world). I'd be shocked if the US had anywhere near 25% of the world's prison population, but post a source! Prove that one of your two assertions have merit!

    Personally, I think you're just full of shit.

  142. Re:Wrong Argument by Anonymous Coward · · Score: 0

    Your statement is that prison is only for the prevention of future/other crime.

    It is not so simple a task. Prison, for society, is many things in its ideal form:

    Punishment
    Prevention of crime by person
    Prevention of crime through example to others
    Rehabilitation

    You only picked one and made a typical /. argument.

  143. Re:Off-Topic: How Would You Control It? by The+One+and+Only · · Score: 1

    "Consider these facts: The land area of Texas is some 262,000 square miles and current UN estimates of the world's population (for 12 October 1999) are about 6 billion. By converting square miles to square feet -- remember to multiply by 5,280 feet per mile twice -- and dividing by the world's population, one readily finds that there are more than 1,217 square feet per capita. A family of 5 would thus occupy more than 6,085 square feet of living space. Even in Texas, that's a mansion." --Population Research Institute

    Note that, given mountains and riverbanks and other geological irregularities, it's not possible to use Texas to house everyone. However, also note that Texas is a spectacularly small portion of the world's land surface area.

    Check your math.

    --
    In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
  144. No, no, no... not IP, they mean IP! by SmurfButcher+Bob · · Score: 1

    Finally, we can put an end to all these jerks who have bastardized our precious RFCs... using funky TTLs, non-random sequence numbers, spoofing source addresses, failing to respect the evil bit... finally, finally! We can pay them back!!

    [ducking]

    --

    help me i've cloned myself and can't remember which one I am

  145. but he feds aren't jailing marijuana smokers by westlake · · Score: 1
    Now we can fill up our jails with even more people who are as dangerous as marijuana smokers...

    The federal government rarely has jurisdiction over crimes which have traditionally been prosecuted locally. Generally, there has to be an interstate or international dimension to the offense.

    Federal drug prosecutions are almost entirely focused on the drug trade. In 2001 prison sentences for federal drug offenses looked like this:

    Drug Trafficking 21,265, Other drug felonies, 1,648, Possession 276

    I would take the odds that non-violent drug offenders in the federal system were resident in D.C. or in the handful of other places where the feds do have local police power, a military base, an Indian reservation.

    It is unlikely that you will ever be charged with possession in the federal system, and unlikelier still that you will serve time. In 2001, 289 were found not guilty, 476 received probation only, over 100 were simply fined or had their sentenced suspended. Defendants in criminal cases terminating in U.S. District Court, fiscal year 2001

  146. One year from now... by FauxReal · · Score: 2, Interesting

    In compliance with the new American pushed IP laws, China has executed it's first batch of copyright infringers. The trials were short and to the point as the defendants could not afford proper IP lawyers. The RIAA and MPAA were quoted saying, "We are ecstatic that the new laws are working so effectively."

    US officials had no official comment but say they are considering similar legislation admid inquiry from concerned citizens in both Hollywood and on Wall St.

    1. Re:One year from now... by FauxReal · · Score: 1

      Interesting? Re-reading that, it sounds pretty paranoid. I was going for funny.

  147. Re:Off-Topic: How Would You Control It? by The+One+and+Only · · Score: 1

    That alone would stop population growth--people don't have children if they can't afford them.

    However that line is a purly a joke at its finest. Have you ever noticed sometimes it's the poorest people who seem to have the most children?


    I was making a generalization. There are exceptions to every generality. Also keep in mind that, in the wealthy Western nations that you and I both probably live in, the poor often receive government assistance which--wait for it--increases if you have more children, creating an economic incentive for larger families. Also keep in mind that, in aforementioned wealthy Western nations, people have a certain degree of economic freedom. People can be born poor, but if they're smart, they're often not so poor later in life. Who's left among the poor, then? Less intelligent people who make less intelligent decisions, with a few more dumb people who come from rich or middle-class families but managed to piss away their wealth. Now, in economically unfree nations like China, smart people born poor stay poor. But they're still smart enough not to have kids, at least as long as they're the ones carrying the cost.

    Note again that I'm speaking in generalities, and there are many, many exceptions.

    --
    In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
  148. Re:12% of world population, 25% of world prision p by Anonymous Coward · · Score: 0

    You are sadly mislead as are most Americans.

    Were you one of those who asked, "Why do they hate us so much?"

  149. Nah. by aristus · · Score: 1
    Your position is mostly valid, but it speaks from purely personal interest. There is no such thing as a "level playing field" between countries with a 150-year industrialization gap.

    The US's advantages are money, influence, markets, and patents/trademarks/copyrights enforced by mutual agreement. China's advantages are a large, cheap workforce, endless land, raw materials, and the (temporary) advantage of using (not stealing) knowledge that is already out there. You use the tools available to you. You try your damndest to make your competitors meet you were you are strongest and they are weakest.

    This was true back when the American Colonists were using English designs for textile mills, steam engines, and everything else, and the English were taxing the holy bejesus out of them because they wanted the Colonies to be only suppliers of raw materials. The US wants China to be a supplier of manufactured goods and nothing else.

    --
    Sometimes seventeen/Syllables aren't enough to/Express a complete
    1. Re:Nah. by ScentCone · · Score: 1

      Your position is mostly valid, but it speaks from purely personal interest

      But, I'd maintain that if China truly approached the IP issue from the perspective of their citizens' own personal interests, they'd stop the wholesale theft of content. They're not "using" pirated movies, books, music, and software, they're deciding not to pay for it, and getting someone else's labor for free. Did the early US play fast and loose with industrial innovations and concepts? Sure. But it's the "fast" part that I'm worried about here: with the 'net, and China's highly polished ability to crank up a factory on a moment's notice, the adoption of prior art (or outright theft thereof) is now happening in weeks where it used to take years or decades. The original innovators don't have the years that they used to have to benefit from their work before it's exploited elsewhere. In colonial America, or even Industrial Revolution America, whatever British inventions were being deployed were taking their sweet time. And, of course, immediately post-independence, British merchants (never mind the monarchy) dove right back in and kept up doing business with the new States. Personal ventures from Britain continued to manifest themselves as farms and businesses in America, and the British traders, shippers, merchants and other interested parties played a big role in trotting out the latest European innovations where they thought it would best help their bottom line: in the still-developing US, which was indeed their "China." There was actually some competition with the French and Dutch to more quickly leverage American turf and trading partners with the latest tools of each trade.

      Every population (or even, segment within the internal US economy) is going to play to their strengths, as you say. But explicitly deciding that one of their strengths is going to be using cracked server software to run entire factories, or employing thousands in the street-level retail entertainment industry only through the massive, fraudulant copying of movies 10 minutes after they've been released... that's not a strength, that's a weakness. A whole generation of Chinese students are going to enter the world of global competition thinking that how things can and should be done.

      The US wants China to be a supplier of whatever China can provide at a better price than anyone else can. What they provide will depend on what they put their minds/bodies/resources to... but they're consuming a huge amount of IP without paying for it, and that's both criminal and ultimately self destructive.

      --
      Don't disappoint your bird dog. Go to the range.
    2. Re: Nah. by aristus · · Score: 1
      When has China looked at anything from the perspective of their citizens' own personal interests?

      A whole generation of Chinese students are going to enter the world of global competition thinking that how things can and should be done.

      Yep, because that's what built them a school in the first place.

      It's all well and good to advocate but China isn't going to change until they are ready, when they've industrialized enough to worry about it. More precisely, when the people are doing well enough to look up from the basic grub of living. Have you ever worked a farm without electricity?

      Same goes for environmental protection, education, and human rights.

      China is not producing "IP" value anywhere near what they do in pirated material or manufactured goods. What you are proposing is that a country voluntarily cuts the profits of HUGE industries in order to help a very small one... and so that other countries can make more money. Heh.

      It may yet happen if the equation changes or it buys something else they want (such as access to markets or Taiwan), but not before. Speed of communications does not alter the basic process of industrialization.

      --
      Sometimes seventeen/Syllables aren't enough to/Express a complete
    3. Re: Nah. by ScentCone · · Score: 1

      Speed of communications does not alter the basic process of industrialization

      Actually, I'd say that some sectors of China's population/economy are going to skip right from non-electric farming to India-like tech sector. India has that same dichotomy right now... and China will be the same way.

      --
      Don't disappoint your bird dog. Go to the range.
  150. It also goes without saying that by EspressoMachine · · Score: 1

    ...

    What? I told you it went without saying, didn't I?

    --
    Despite conventional wisdom, I've discovered you can blame a guy for trying. It's called "attempted murder".
  151. Criminalization by Anonymous Coward · · Score: 0

    Hopefully this means that Bill and Steve will be busting up rocks real soon.

  152. You insensitive clod! by Anonymous Coward · · Score: 0

    You don't garnish caviar!

  153. Definitely SOMETHING's wrong in here... by Spy+der+Mann · · Score: 1

    Pothead: "Hey guys, what are you in for?"
    Pirate: "20 years. The new Britney album."
    Dad: "25 years. I stargazed with my kid."

    Hussein: Life. For having MDW's that turned out to be nowhere.
    Osama: ZERO! They still haven't caught me.. suckers!

  154. Absolutely true, but... by Anonymous Coward · · Score: 0

    Assault and battery doesn't involve an element of recklessness.

    As you say, vehicular homicide is a crime of recklessness. If you leave your baby out in the snow, that's reckless disregard for human life. If you were drinking, it still is.

    However if you beat someone to death because you were drunk, you will get a manslaughter charge. Circumstances in which the alcohol will not be a mitigating factor are few and far between. First offense, you'll get something like ten years, sure, but you won't be charged with reckless disregard for having swung your fist without having thought about the consequences.

  155. It's very different. by Spy+der+Mann · · Score: 1

    Defacing a website should be compared with spraypainting the front wall of a company's building. And erasing data with burning the building's files (paper).

    1. Re:It's very different. by Anonymous Coward · · Score: 0

      Non-physical damage should be compared with physical damage? Are you stupid?

  156. Do you listen to yourself? by Anonymous Coward · · Score: 0

    "Totalitarianism isn't subtile. It is based off of brutal, repressive force."

    "Right, because the rise of Totalitarianism in Eastern Europe didn't have anything to do with the Red Army 'liberating' Eastern Europe at the end of WW2."

    You seriously can't see the connection here? The U.S. is off "liberating" Iraq.

    Meanwhile, at home, it passes mroe an more restrictive laws.... they can query your library records, tap your internet connection at any time, send you to jail for ten years for using a camcorder in a movie theatre, now require you to present your ID to a police officer at any time...

    Abroad the US runs actual torture camps, while arguing with the UN about the definition of torture.

    Of course totalitarianism in Europe had a lot to do with Russia's supposed liberation. It also had a lot to do with the Gulags and laws that peered into every facet of a citizen's life. The US currently has all these bases covered.

    You don't have to be a nutjob to be startled that a lot of relatively harmless things you used to be able to do are now illegal.

    If you look back twenty years and you remember a time when things you liked to do weren't rapidly being made criminal, you don't have to be a nutjob to worry.

    If you notice that some of these things, like using the library photocopier to do research, are actually *good* things to do, as long as you don't abuse the privelege, you'd have to be a nutjob to not worry.

  157. "Piracy" is good for business ... by Titaniq · · Score: 1

    I fail to see the problem.

    For one thing, even Bill Gates thinks that copying Microsoft software is good, especially in China. He said so himself "As long as they are going to steal it, we want them to steal ours." http://news.com.com/2100-1023-212942.html?legacy=c net

    But I must say that true criminalization of illegal copies of Microsoft software would be most interesting to observe. I wonder how many months Microsoft would survive it.

    The laws of economics say that software like MS Office should actually be free, since its marginal cost of production is zero (that is the cost to make one extra copy). And indeed it is free for its lowest market segment because Microsoft is deliberately using so-called software piracy to occupy this market segment ... just to avoid that free software like OpenOffice.org takes that segment, before moving up to the other more profitable market segments (for which MS Office is actually sold, though at different prices depending on the market target).

    Of course this economic law assumes that the market is competitive. ... I mean, not like communist countries.

  158. Irony? BS. by koko775 · · Score: 1

    Being forced to reinvent the wheel because someone patented it already is NOT innovation. It is NOT a level playing field when one side has all the cards, legitimately earned or not. Bending the rules to get ahead is perfectly legitimate because in competition, you're lucky even to have them (rules).

    1. Re:Irony? BS. by ScentCone · · Score: 1

      Except, we're not talking about the wheel, here. We're talking about things like factory-running software, genetic engineering, 50-million dollar movies, and so on. Wheels, they got. Unfortunately, my software they got, too.

      --
      Don't disappoint your bird dog. Go to the range.
  159. does it matter? by themusicgod1 · · Score: 1

    Unchecked capitalism or corrupt poleticians, or *neither*, the united states of america is moving head first to totalitarianism, if it didn't arrive years back.

    --
    GENERATION 26: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
  160. Back that up? by aristus · · Score: 1

    You just linked to the laws as of April 2004. When did this redefinition happen?

    --
    Sometimes seventeen/Syllables aren't enough to/Express a complete
    1. Re:Back that up? by westlake · · Score: 1
      The penalties under Title 18 are lower (but stiff enough) if you are not making money on the deal.

      Federal prosecutors usually have too much on their plate to pursue minor offenders agressively. But you do not want to be caught in a sting with the big boys with hundreds of marketable theatrical titles on your hard drive.

    2. Re:Back that up? by Alsee · · Score: 1

      You just linked to the laws as of April 2004.

      The SECOND link I gave, the criminal law text, did not change. As I said they pulled it off by redefining one of the terms used in that law. In particular they redefinded the term "financial gain".

      When did this redefinition happen?

      NET act, 1997.

      Note the first link I gave was: "redefined"

      THAT link goes to copyright law chapter 1 section 101 Definitions. Scroll down and you will find the added entry: The term "financial gain" includes receipt, or expectation of receipt, of anything of value, including the receipt of other copyrighted works. You and I might reasonably want to say that reffers to conditional barter. That is not what it means legally. The legal interpretation includes a non-conditional and un-related upload giving and receiving. It covers ordinary P2P use. If you upload a single file to some random person on P2P - and you have a general "expectation" that you will be able download some other file from some different random person on P2P, then you qualify. It does not matter that there was no link between those two trades, it does not matter that you could have downloaded that second file even if you had not uploaded anything. Legally it qualifies.

      Ever trade audio cassette of music from the radio with your friends? Whoops, that makes you a criminal too. Even if you give it as a random gift, if you might reasonably "expect" that he or another one of your friends might do the same for you then it qualifies. Although in the case of doing this with actual friends you might - might - be able to claim fair use. In that case it would still absurdly qualify under "financial gain", but it would no linger be infringment. And fair use non-infringment is not criminal, even if it is part of full scale commercial gain.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  161. Obligatory Ayn Rand quote by alexo · · Score: 1


    "Did you really think we want those laws observed?" said Dr. Ferris. "We want them broken. You'd better get it straight that it's not a bunch of boy scouts you're up against - then you'll know this is not the age for beautiful gestures. We're after power and we mean it. You fellows were pikers, but we know the real trick, and you'd better get wise to it. There's no way to rule innocent men. The only power the government has is to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced not objectively interpreted - and you create a nation of law-breakers and then you cash in on the guilt. Now, that's the system, Mr. Rearden, that's the game and once you understand it, you'll be much easier to deal with."

    -- Atlas Shrugged

  162. Welcome to the eighteenth century + tax foots bill by dbIII · · Score: 1
    You've got to start putting people in jail
    Why? Do we really want the system of old england where people were locked up for all kinds of trivia which led to a major crisis in thier prison system and a lot of prisoners getting shipped to Virginia to work in the tobacco feilds to cut down on the excess?

    You jail people that are a danger to society to stop them hurting society, and the taxpayer pays for criminal trials and for imprisonment.

    This is just a bid by corporations to get the taxpayer to foot their legal bills instead. If people are impeding their business they can sue - if people physically take something away from them (a copy does not do this) criminal action can be taken, and if violence has occurred that is exactly what we have jails for. It should always be up to the judicary whether to fine or imprison someone. The top exec of company X is not legally qualified, it's up to the experts and the legislature to decide what to do for the good of the people and not necessarily the good of those who sell images of an imaginary mouse.

  163. F/OSS? by randallpowell · · Score: 0

    Many FOSS projects are copyrighted and Linux is trademarked by Linus. Now, if someone downloaded Fedora3 for example would they be considered a pirate to our gov? Would GPL and Creative Commons licenses be taken seriously? If not, many are in trouble for using apt/yum/etc to get software. Micorsoft may push for those licenses to be ignored since they create competition. And we know that a captialist corporation wants communism once they have trouble (airlines wanting gov to give them money) or competition (M$ buying Bush to drop the anti-trust case).

  164. Dude! by Anonymous Coward · · Score: 0

    Why do ya have to insult feral dogs like that?

  165. You want stats, you got stats by Firedog · · Score: 2, Informative

    Lots of them, here and here.

    The 12% number is off, but the 25% number is correct. The US does have the largest prison population in the world, both as an absolute number and in percentage terms. More than China and Russia, and 5 to 8 times the rates of Canada and Western European countries. And a lot of people are there for nonviolent drug offenses, including this 25-year-old who's going to be in prison until age 81, with no chance of parole.

    I wish this insanity would stop, although I don't hold out much hope at the rate things are going.

  166. Usual Bullshit Remarks by Master+of+Transhuman · · Score: 1


    Usual IP trolls coming out of the woodwork.

    Usual prison-loving fascists commenting on shit they know nothing about.

    Move along. Nothing to read here...

    --
    Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  167. Non-breeding in prison by handy_vandal · · Score: 1

    In an all male prison population, it's pretty much guaranteed nobody's breeding.

    Ewww ... dude, I did not need the image implied by your observation ....

    -kgj

    --
    -kgj
  168. when does it end? by shark72 · · Score: 1

    From the article:

    "They have made good progress on this front, but there's more work to be done," Evans said. "That means criminalizing the laws as opposed to (having) just civil laws that slap some simple little fine on companies and they go on down the road. You've got to start putting people in jail."

    In all the other discussions on piracy I've read on Slashdot, a common sentiment has been uttered. It goes something like this:

    "They shouldn't be going after [whomever's the target today]. They should be going after the real pirates, the illegal operations that crank out pirated DVDs and CDs by the thousands on the streets."

    And, this is exactly what we are asking China to do. Not outlaw P2P. Not eliminate fair use. Not throw kids in jail for having 1,000 songs in their share directory. But to go after the companies that engage in mass piracy, rather than the current process of slapping them with a civil fine so that they can just set up shop down the road.

    But according to many people in this thread, even this is unacceptable.

    The Slashdot groupthink flowchart now seems to look like this:

    • When the government goes after P2P software vendors: "They're just providing a tool! They should be going after the actual pirates! Oh, and plus the real pirates, the ones who mass produce the CDs and sell them on the streets."
    • When the government goes after the actual P2P users: "They should go after the P2P companies that facilitate this. They obviously know what they're doing, and grandma who saw an ad for Kazaa can't be expected to know that what she's doing is illegal. Oh, and plus the real pirates, the ones who mass produce the CDs and sell them on the streets."
    • When the government goes after the real pirates, the ones who mass produce the CDs and sell them on the streets: well, you're seeing it here in this discussion! The consensus appears to be that asking China to finally go after the real pirates is a bad thing.
    --
    Sitting in my day care, the art is decopainted.
  169. No, you are misleading by Shadowlore · · Score: 1
    The Parent Poster's complaint:
    this title and /. article is highly misleading

    Consider the title (which was the source of the complaint):
    "US To Push Criminalisation of IP Violations".

    The PP's response:
    this is about the usa pushing for china to start putting people in jail for counterfeiting

    I have to ask if sum.zero RTFA. Or if sum.zero RTF/.A.

    To quote TFA:

    In an interview before his fourth and final official trip to China, outgoing U.S. Commerce Secretary Don Evans said he would press Chinese leaders to make sure intellectual property theft of goods ranging from music and films to birth control pills and brake pads is treated as a serious crime ... the importance of keeping China's feet to the fire on intellectual property rights.
    -- emphasis added

    Hello!

    While not explicitly stated, when they speak of "intellectual property" and "counterfeiting" together they are usually talking about things like burning a music disc and pawning it off as an original.

    If I say to some joe on the street "Should people be put in jail for counterfeiting?" they will immediately assume I am talking about counterfeit money and more often than not respond in the affirmative. And that form of counterfeiting activity is NOT "widely acknowledged" as "piracy".

    Counterfeit non-currency goods is widely acknowledged to be *fraud*.

    In any case TFA clearly stated it was the US pushing (China) to make IP violations criminal. The /. article accompanying clearly stated it was the US pushing China to do so.
    --
    My Suburban burns less gasoline than your Prius.
  170. Re:Copyright infringment already criminal in the U by DHam · · Score: 1

    However the act of which you speek is American and not applicaple in the UK, which is the jurisdiction the previous poster was talking about.

  171. errmmm? by N3wsByt3 · · Score: 1

    "And now that this is happening, people are defendending them. Unbelievable."

    First paragraph:

    "If they would act specifically against mass-counterfeiting for commercial purposes then, certainly when health issues are at stake, it might have some validity, but everyone knows such laws will be used against all others as well, before you can blink your eye."

    --
    --- "To pee or not to pee, that is the question." ---
    1. Re:errmmm? by shark72 · · Score: 1

      " "If they would act specifically against mass-counterfeiting for commercial purposes then, certainly when health issues are at stake, it might have some validity, but everyone knows such laws will be used against all others as well, before you can blink your eye."

      I heartily disagree. Our country's problem with China regarding intellectual property is that they've been tolerating the mass production and sale of pirated goods (everything from music and films to birth control pills and brake pads, as the article put it). We are requesting that China does something about this. To state that the same law will be applied to "all others" is a classic slippery slope, and "everyone knows" is just incorrect.

      If I can summarize your position, it's that China shouldn't enforce laws against the most egregious offenders, because those same laws might be used against people who commit minor versions of the same crimes. Is that correct? If so, would you apply that to other countries as well, and would you say that it applies to all areas of law? For example, in Afganistan, if they were to start chasing down the guys who are exporting heroin by the ton, does "everybody know" that they'll start busting people caught with a gram?

      --
      Sitting in my day care, the art is decopainted.
    2. Re:errmmm? by N3wsByt3 · · Score: 1

      "I heartily disagree."

      Feel free to do so. :-)

      "Our country's problem with China regarding intellectual property is that they've been tolerating the mass production and sale of pirated goods (everything from music and films to birth control pills and brake pads, as the article put it)."

      The USA's problem is that they try to enforce their view on the world to all countries, not only China. And since it's practically governed by corporations and big money, they are trying to impose the same IP-laws everywhere. A prime example is their efforts to introduce and lobby for softwarepatents in Europe. Lukily, europian institutions, and particulary the parliament, hasn't yielded in to corporate moneywaving, at least not to the same degree.

      Alas, increasingly, even in europe, laws have been passed that restrict the rights of the individual more and more. Not only that, but the laws are more and more 'broad'; they hardly diferentiate anymore. Clearly there is a difference between private/family/non-commercial use and mass-counterfeting of medicines for commercial gain, with possible health security. While courts will generally be reasonable, the laws themselves increasingly become undifferentiated. Combined with the current tendency of obligatory minum sentences (whatever the court itself thinks reasonable in a given situation) this leads to many injustices.

      "We are requesting that China does something about this. To state that the same law will be applied to "all others" is a classic slippery slope, and "everyone knows" is just incorrect."

      It's not requesting, it's demanding, without little eye of local culture, customs or lawmaking. And it's not only with China.

      I agree using terms like "all others" and "everyone knows" is not compelling evidence. Alas, history has shown us that, if you give new powers to lawenforcement for a specific purpose, they will always try to use this for area's it wasn't supposed to be used for. In a sense, they will abuse any additional rights given to them to the fullest extend possible, and as long they get away with it, they'll continue. the only thing stopping them from merely going the 'slippery slope' are the courts, but they are bound by the laws made by politicians that are often in the pocket of corporations, who like 'broad' laws, as I've already said. thus, laws that can be interpreted braodly, can be abused broadly, and almost invariably ARE being used out of the scope they were meant for. If you deny that, please look at all the recent 'anti-terrorism' laws, and tell me they haven't been misused for purposes that had nothing to do with terrorism. Can you?

      "If I can summarize your position, it's that China shouldn't enforce laws against the most egregious offenders, because those same laws might be used against people who commit minor versions of the same crimes."

      My position is, that every sovereign country should decide what and how to deal with breaking the law, and even IF laws are broken. The USA and corporations shouldn't meddle with it and try to impose laws that suit them.

      "Is that correct? If so, would you apply that to other countries as well, and would you say that it applies to all areas of law? For example, in Afganistan, if they were to start chasing down the guys who are exporting heroin by the ton, does "everybody know" that they'll start busting people caught with a gram?"

      If you make it illegal to have drugs, then consistency demands you also bust small dealers. In fact, in the USA it is EXACTLY that way; or do you think they let 1gram cocaine-carriers go? The amount of jail you get can be different, ofcourse, and that's a question of making differentiated laws (or leaving it up to the wisdom of the court).

      Ofcourse, if you ask my personal opinion, I would legalise drugs-use, period. In fact, we're already doing that, since alcohol and nicotin are drugs too, scientiffically spoken. But people often have hysterical ideas about being rational about this, thanks to the FUD surrounding the 'war on drugs'.

      --
      --- "To pee or not to pee, that is the question." ---
  172. Judges? by notcreative · · Score: 1
    A very interesting dialogue.

    I find the defendent did not compare the plantiff to Nazis, and therefore the request for dismissal on grounds of Nazism is denied.

  173. i disagree... by sum.zero · · Score: 1

    the /. article mention that evans will be going to china, but doesn't mention that his comments are addressed to the chinese or that they concern chinese law as opposed to us law. a quick review of the posts in response to the /. article seems to confirm my suspicion that many were confused on this issue.

    "ip" is a very broad term [too broad, imho]. it covers many things, including copyright, patents, and trade secrets.

    if you look at your quote you will notice the mention of brake pads and birth control pills? i have never been aware that these were available via p2p or were items commonly shared between friends. these are things that are counterfeited, whether completely bogus or copies based on theft of "ip," and sold for-profit.

    imho, the reuter's aricle is clearly primarily about "ip" from the point of view of a company/industry thinking about investing in new factories/development and looking to expand their markets in china. i mean, you can't outsource all your development to china if your competitors just steal your code/processes/trade secrets/etc and face limited penalties for doing so [and no, i am not a proponent of outsourcing]. the us, and many other countries, are currently investing serious amounts of money [and their futures, but that is another discussion...] in china. i think it natural that they would have concerns about the protection of "ip" in a country with such a long history of disrespect for the concept.

    your definition of counterfeiting is also limited. counterfeiting involves the fradulent reproduction of any good to which value can be assigned or where you make the copy with intent to defraud. counterfeiting and fraud are complimentary, not mutually exclusive. the selling of counterfeit goods is fraud, amongst other things. the combination is often referred to as "piracy" [stealing a market?] when conducted in a large-scale, organized manner. but here i think we might devolve into arguments over semantics...

    so while i understand your points and do think the us is intentionally vague on these issues, i stand by my analysis. the /. article insinuates this is a story about events in the us that concern us law and us citizens. it is not, except by indirect reference. this is a story about chinese law and us/china economic relations.

    sum.zero

  174. ...ignorance is indeed an excuse.(?!) by Psyqlone · · Score: 1

    We can't even find a list of ours in plain English. No one knows what all the laws are, and no one can be held morally responsible for violating them. Until the system changes drastically, ignorance is indeed an excuse.

    Have you ever tried pulling that in court?

    If so, when do you get out?

    If it ever goes to court he claims that he will not have any problem showing that the laws contradict, and thus can't be enforced, which he has done in the past.

    In other words, laws are interpreted and implemented by judge and/or jury. That's the way it's supposed to work in a common law system. Interpretations based on earlier precedents will hold sway over how conflicting statutes will be decided. They aren't meant to be boilerplate as in civil law systems because one size doesn't (and ought not to) fit all.

    1. Re:...ignorance is indeed an excuse.(?!) by 99BottlesOfBeerInMyF · · Score: 1

      Have you ever tried pulling that in court?

      I've never been charged with a crime. But in court, as in all other places, I would not be morally responsible. Legally responsible is a completely different matter. Your comment touches on a very sore point, that is the failure of most of our culture to differentiate between law and ethics. It is entirely possible to be ethically in the right, while legally in the wrong, just as it is common for people to be legally in the clear, while still ethically responsible for wrongdoing. The tendency of our society to think that there is nothing wrong with unethical actions, so long as they cannot be prosecuted is a large contributing factor to the failure of many people to accept responsibility for themselves and their affect on the world.

      In other words, laws are interpreted and implemented by judge and/or jury. That's the way it's supposed to work in a common law system. Interpretations based on earlier precedents will hold sway over how conflicting statutes will be decided.

      Your experience with the legal system must be completely different from mine. From what I have seen, the law is generally used as a weapon to incarcerate or harass those who either the police, government, or wealthy have issues with. I mean have you ever met a public defender? Most of them are either clueless as to what your rights are, or act as though they are grocery clerks. They fill out the paperwork and do what is required, and don't do jack to protect you. I've seen it happen to enough people without any money to hire a lawyer.

      The point of my previous post was to make it clear that we are all breaking the law on a regular basis and no one knows what the laws are. At that point law enforcement is restricted to either a subset of the laws, a subset of the population, or a intersection of the two. In my experience laws are applied selectively, and often only invoked because the police or someone influential wants to "get" someone. That is why black people are statistically so much more likely to spend time in jail for drug offenses. That is why the system does not work. If you think it does work, then I think you are very deluded.

  175. Piracy in Cyberspace by garylatman · · Score: 1

    When punishments fit the crime in every state, when corporate officers can no longer draw robber-baron salaries and can no longer receive million dollar severence pay, when our public servants and statesmen stop being self-serving politcal prostitutes, when Microsoft sells products that are no longer filled with system crashing flaws that require endless updates and reinstallations that cost many hours in time and energy, not to mention dollars, when I can charge for phone conversations I have with parents, after school tutoring time, and lesson planning and paper grading time, just like lawyers who write laws in their legal-babble language that requires hiring another lawyer to interpret, when people who need medical care and medicine no longer have to juggle their budget to sacrifice a meal or a utility bill payment to pay for the health care granted to every corporate manager and legislator, and I could go on and on about all of the legal, yet unethical manipulations of markets and industries, then perhaps I will feel like cyber-pirates are doing something illegal or unethical. Piracy, in all of its variations, is apparently very American. I could continue this rant and talk about corporations that have polluted our air, waterways, and soil, and the cost to public health, and how they have rarely been held accountable or responsible for all the damage caused by the by-products of their production. There is very little justice and equity in this country. Someone said something like money doesn't talk, it shouts. Patronage thrives. Our legislators and the laws they enact are bought and paid for by the industries that they are elected to oversee, so they will look the other way as markets are manipulated, and the average worker is used, abused, and refused adequate compensation for a day of work. I would encourage everyone to dip into the communal kitty, until you are comfortable. It's the American way; it IS The State of the Union!