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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. "

34 of 714 comments (clear)

  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 Feynman · · Score: 5, Informative

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

    5. 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!!!!
    6. 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
    7. 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
    8. 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.

    9. 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.
    10. 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.

  2. 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."
  3. 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?
  4. 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.

  5. 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.

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    1. 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
  6. 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

  7. 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.

  8. 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 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.




    2. 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.

  9. 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
  10. 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.

  11. 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

  12. 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?
  13. 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
  14. 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."

  15. 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.

  16. 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.

    --
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  17. 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.'

    --

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  18. 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
  19. 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.
  20. 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.

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