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Lawmaker Revs Up Fair-Use Crusade

peipas writes "Wired News has posted an interview with Rep. Rick Boucher (D-VA). In it he defends his stance in support of fair use and against the DMCA and other measures sought by the entertainment industry. The interview also touches on universal broadband and the recent overturning of the broadcast flag."

254 comments

  1. Time for a Conference Call by ravenspear · · Score: 3, Funny

    Bainwol to Valenti: I told you to up your allowance on him. We can't afford this.

  2. Re:Priorities by jandrese · · Score: 2, Insightful

    There's a little saying I like to pull out in times like this:

    "You gotta do what you can with what you got."

    It is as true as it is ungrammatical.

    --

    I read the internet for the articles.
  3. Lossed vs. Spent by bodester17 · · Score: 2, Interesting

    Does anyone know of any figures on how much the entertainment industry has lossed due to piracy versus how much they have spent trying to stop it? My guess is that they have spent way more on trying to stop it. What a great business model.

    1. Re:Lossed vs. Spent by Silverlancer · · Score: 1

      Well, according to their math, every copy pirated is a sale lost, so they've "lost" trillions of dollars.

    2. Re:Lossed vs. Spent by peipas · · Score: 1

      Are you sure they're not profiting from this business model?

    3. Re:Lossed vs. Spent by medix1 · · Score: 1

      MOst of the time it is not the artest that are profiting from this, it is the record companies. And they are not paying the songwriter/artest their part.

    4. Re:Lossed vs. Spent by Raistlin77 · · Score: 0

      You should rephrase your question to "Does anybody know any real figures..."

    5. Re:Lossed vs. Spent by Strawser · · Score: 3, Insightful

      > Well, according to their math, every copy pirated is a sale lost, so they've "lost" trillions of dollars.

      Yes, and that's silly. They make the assumption that increases in price don't affect demand. Then again, when you're talking about monopolies, they tend to think that way.

      If the cost of the average CD went from $0.00 over a P2P network to $20.00 at the local mall, I wouldnt' buy the average CD. They don't seem to grasp the concept that demand and price have a generally inverse relationship.

      --
      The louder he talked of his honour, the faster we counted our spoons. -- Ralph Waldo Emerson
    6. Re:Lossed vs. Spent by ObsessiveMathsFreak · · Score: 1

      Ahh! But just think of of the amount of money they have saved by artifically inflating the price of their goods in the digital age.

      Without their anti-piracy belligerence, the cost of music and films would be dramatically lower, closer to their true worth value. ~5c per song.

      --
      May the Maths Be with you!
    7. Re:Lossed vs. Spent by Foobar+of+Borg · · Score: 2, Insightful
      Yeah, no kidding. One thing they also don't get is that, P2P or no P2P, if a CD is $20, I simply won't buy it, and neither will a lot of other people. Entertainment is something we can do without if the price is too high. It would have to be an extremely good CD for me to go out and pay $20 for it. If the price were much higher, it could be the most sublime music in the world and I wouldn't buy it.

      I actually don't mind at all paying a reasonable price for a CD or a movie. Unfortunately, a lot of people seem to have been duped into thinking and acting as though cable/satellite TV, CDs, movies and such are all absolutely essential for their existence.

    8. Re:Lossed vs. Spent by CatMan79 · · Score: 3, Interesting

      No kidding. When a new CD is $20 and a new DVD is $14, something is VERY wrong.

      How many people does it take to make a music CD? Twenty? Maybe thirty tops.

      Now how many people does it take to make a movie? Let's assume a modest 200. Now how much more does it cost to produce a movie? Well, probably on the order of many tens of millions of dollars.

      Sure people will listen to a CD over and over again, but these music companies are out of their minds with their pricing and bad "piracy math".

    9. Re:Lossed vs. Spent by zippthorne · · Score: 1

      Ok, but how much revinue would they lose to piracy if they did nothing at all? My guess is all of it. What a great business model.

      BTW, what do bodesters 1-16 think about your nick choice?

      --
      Can you be Even More Awesome?!
    10. Re:Lossed vs. Spent by SirSlud · · Score: 3, Insightful

      For what its worth, a wide release movie has already made money (well, most) by the time the DVD comes out.

      The CD has to pay back for the entire cost of the production, since the revenues earned on tour dont go to the studio.

      I still think its retarded tho. What the actual musicians make from the cost of that CD is tiny, and the money used to make the CDs is actually in the form of a loan the artist.

      --
      "Old man yells at systemd"
    11. Re:Lossed vs. Spent by Jah-Wren+Ryel · · Score: 1

      Now how much more does it cost to produce a movie?
      Well, probably on the order of many tens of millions of dollars.


      Only if you are wasteful. For example:

      Garden State cost about $2.5M and was great.

      Wicker Park cost about $30M and is lucky to be considered even slightly better than average.

      There are hundreds of more examples just like those.

      Stars cost too much money, coke costs too much money, but movies don't have to - its just traditional since they've had a free ride on the copyright monopoly.

      --
      When information is power, privacy is freedom.
    12. Re:Lossed vs. Spent by civilizedINTENSITY · · Score: 1

      You seem to imply that making money at concerts isn't making money since it only supports the artists and the production of music, and not the production of CDs. Yet it is in large part the distribution system that is so in need of redesign as to implode. Consider: movies have to pay actors, so actor compensation comes out of movie sales. Therefor, shifting artist compensation to touring (which is also promotional) is shifting a production cost.

      Lets be fair and imagine a world where movie stars had to tour the country putting on plays to earn the majority of their bucks, promoting the upcoming movie out of the money made on tour. Yeah, right.

    13. Re:Lossed vs. Spent by civilizedINTENSITY · · Score: 1

      The only hard data I've seen analyzed suggested that the difference was smaller than the noise in the signal, yet fell on the side of suggesting that piracy increased CD sales. So there is no "loss", merely a big lie to force makers of equipment to pay a "tax".

    14. Re:Lossed vs. Spent by schon · · Score: 1

      a wide release movie has already made money (well, most) by the time the DVD comes out

      Yes, and a direct-to-video movie (which hasn't made anything) is still cheaper than most CD's.

  4. Re:Priorities by Anonymous Coward · · Score: 1, Informative

    Universal healthcare is nonsense - most of the people NOT covered by healthcare in the US are not covered by choice: nearly all people not covered make enough money and CHOOSE not to pay for it.

  5. Re:Priorities by Kaamoss · · Score: 1, Funny

    You must be new here. Don't you know that the way we solve problems here in the US of A is to divert attention. What, social security is gone? Hey, look over there, illegal immigrants are comming over from mexico, we need a few million dollars to stop them. Politicians keep a number of issues which will never be resolved for the purpose of calling attention to them when other things start going badly. It's the American way, when things stop working, blame something else and never try to fix the problem.

  6. Re:Priorities by jandrese · · Score: 0, Flamebait

    Heck, why waste time with Universal Healthcare? They should be focused on World Peace and the elimiation of all diesease first. All of this other stuff is just a waste of time.

    --

    I read the internet for the articles.
  7. Re:Priorities by Anonymous Coward · · Score: 0

    yes, because we want the gov't taking over healthcare. lets list all the successful programs the gov't governs:

    now, after reviewing that list, lets throw our health into their "care"
    maybe we can even ban private health care too, since canandan officals think it is unfair richer people can afford better health care

  8. Re:Priorities by (A)*(B)!0_- · · Score: 2, Insightful

    So let media companies continue to abuse the American people and act as a de facto police force in order to expand the role of government in our lives? Funny - I want the government to protect me when large organizations are overstepping their authority. You respond by claiming the government shouldn't waste their time protecting the people but should instead expand their authority?

  9. Yuk another scat image by random_culchie · · Score: 1

    I just got a little sick in my mouth :)

  10. Wow, refreshing to see a politician... by whoppers · · Score: 2, Insightful

    that isn't a puppet with the industry lobbyists hands jammed up his ass. Imagine what a world we'd be in if politicians used common sense and did what's right?

    1. Re:Wow, refreshing to see a politician... by Anonymous+Brave+Guy · · Score: 1
      Imagine what a world we'd be in if politicians used common sense and did what's right?

      <Obligatory West Wing joke>
      Oh dear, now you've gone and started the music...
      </Obligatory West Wing joke>

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    2. Re:Wow, refreshing to see a politician... by iminplaya · · Score: 1

      Imagine what a world we'd be in if politicians used common sense and did what's right?

      Imagine what a world we'd be in if the population supported those kind of politicians.

      --
      What?
    3. Re:Wow, refreshing to see a politician... by Ykant · · Score: 1

      I suspect that a prominent politician who used common sense and did what's right would be accused of being "out of touch" and Pollyannish. Or maybe they'd just be called a hippie and dismissed as such.

      --
      Spelling, grammar, punctuation? We need something that checks logic.
    4. Re:Wow, refreshing to see a politician... by macdaddy357 · · Score: 3, Interesting

      Yes, Rick Boucher is one of a few true American heros ever to hold a seat in the House of Representatives. The bloodsuckers in Hollywood and the recording industry would make everything pay per use if they had their way. Broadcast radio and television would be gone forever, as would public libraries. Rick Boucher is one of very few in power fighting to keep that from happening. I have considered moving to his district just so I could vote for him.

      --
      How ya like dat?
  11. Re:Priorities by MrAnnoyanceToYou · · Score: 1

    Viva la corrupcion!

    This isn't an issue of the resources not really being there. It's more an issue of the free market having gone awry, and needing a correction which our country is apparently unable to accomplish.

  12. Boucher is not our hero... by kajoob · · Score: 5, Insightful

    This is the guy that wants to trade the broadcast flag for our fair use rights. Our representatives shouldn't be trading one set of our rights in order to keep a right we already have. Fair use means nothing if everything is controlled with a broadcast flag and there is nothing for us to share.

    --
    Quidquid latine dictum sit, altum viditur
    1. Re:Boucher is not our hero... by Feynman · · Score: 3, Insightful
      I was struck by this, too.

      Frankly, so what if "high-value television programming delivered over the air...[is] going to get recorded and uploaded to the internet" [TFA, 4]. It was delivered over the air. Couldn't just about anybody have recorded it anyway?

    2. Re:Boucher is not our hero... by Richard_at_work · · Score: 1, Insightful
      You do realise that 'Fair Use' rarely if ever extends to sharing copyrighted material that you dont own copyright to? It actually amuses me the extent Fair Use is misunderstood on slashdot and taken to mean 'Do anything we want with it'. Let me comment based on Copyright.gov guidelines:

      Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered "fair," such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:


      Sharing your captured broadcast material over the internet, whether with friends or not, cannot be considered 'criticism, comment, news reporting, teaching, scholarship, or research' without drastic modification from the current method of how that material is shared.

      Further more, the same site has the following to say on court approved uses of Fair Use:

      The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use:

      "quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author's observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported."


      So basically, unless its incidental or judicial in some fashion, Fair Use has generally been found to be not applicable to the entire item, only excerpts or quotations, and rarely the whole content. Again, this does not fit sharing your captured material over the Internet.

    3. Re:Boucher is not our hero... by hobbesx · · Score: 1

      Hmm? If our Fair Use rights were solidified in this proposed new bill, what rights would we lose to a broadcast flag? What people currently argue as 'fair use' has yet to be truly tested unless you count the Betamax issue. With a bill like this, even with a broadcast flag, we would retain the right to copy media within a household. What extra rights are you guaranteed with the current system?

      --
      This rating is Unfair ( ) ( ) Fair (*) Funny
      Sigh... If only. Modding would be so much more fun.
    4. Re:Boucher is not our hero... by kajoob · · Score: 5, Informative
      It actually amuses me the extent Fair Use is misunderstood on slashdot


      Yeah me too, so let me point out where you have an almost criminal misunderstanding as to what fair use is...

      You do realise that 'Fair Use' rarely if ever extends to sharing copyrighted material that you dont own copyright to?


      No I didn't realize that, but that may be because Fair Use rights only come into play when you don't own the copyright!! Fair Use is when you use a copyrighted work without having to ask permission from the copyright owner.

      You can cite statutes all you want, but unless you know the case law behind it, you don't know what it has been interpreted to mean. For instance, did you know that the Supreme Court has held that "any individual may reproduce a copyrighted work for a 'fair use;' the copyright owner does not possess the exclusive right to such a use." SONY CORP. OF AMER. v. UNIVERSAL CITY STUDIOS, INC., 464 US 417 (1984).? I can tell that you didn't.

      The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use:


      Did you even read what you cited? That is a list of "EXAMPLES", and the list is not exclusive. Again, if you did any research you'd find that there is no exhaustive list for "fair uses" nor is there any bright line test for what constitutes fair use. The factor that has the most weight to ascertain whether or not a use is a fair use is "was it for commercial purposes?". That's the biggy, so if you're using it for personal use (does that include sharing? we don't know yet) then it is more likely that your use is non-infringing, but even that is not dispositive.

      So basically, unless its incidental or judicial in some fashion, Fair Use has generally been found to be not applicable to the entire item, only excerpts or quotations, and rarely the whole content.


      OK, you just contradicted yourself. You said previously that you can't copy an entire work without infringing, but now you say that Fair Use has only been generally (read: not entirely) applicable to copies of whole works? As I said before, there is no bright line test for what is inringing or non-infringing, but it is entirely legal to copy an entire cd under the doctrine of fair use. Will saving a television show and sending it to Aunt Sally fall under the auspices of "fair use"? I don't know because the case isn't in front of me, but I do know that you are completely off-base to that unequivocally that doing so is an abolute infringing act.

      I don't mean to sound harsh, but the next time you try to slap someone down, make sure your facts are correct and that you indeed know what you are talking about.
      --
      Quidquid latine dictum sit, altum viditur
    5. Re:Boucher is not our hero... by Anonymous Coward · · Score: 0

      The doctrine of "fair use" was never intended to allow you to copy and distribute the entirety of a work owned by another. It may allow you to make a backup copy for your own use or to share small excerpts of the work for limited and defined purposes, but it does not allow you to make complete copies for others.

    6. Re:Boucher is not our hero... by Anonymous+Brave+Guy · · Score: 1

      Moreover, lots of people around here like the term "fair use rights". AFAIK, there are no rights granted by fair use or similar provisions in the US whatsoever.

      What you have is a list of uses where copying is legal if you can do it, but they're exemptions rather than rights. There is no obligation on the content provider to allow you to make a copy; if you can't, for example because you can't break the DRM system they use, then in the eyes of the law, that's your problem.

      Herein lies one of the fundamental imbalances of the debate, and one reason legislation like the DMCA and EUCD is so evil: even uses that are legitimate and otherwise legal (making a back-up copy of a software CD you bought, for example) can be rendered illegal if the act of doing so requires you to bypass a copy protection mechanism in order to do so.

      A group of friends and I have recently been considering this in the context of music: we'd like to make some compilation CDs containing our favourite copyrighted music tracks, for use at some dancing classes. Even if we properly pay for the original copies, and the right to play that music in public, and again for the right to copy the material into a compilation, we may still be stuffed if the original material is on a copy-protected not-quite-CD, as much of it is these days. At this point, none of the acts we'd be performing under proper licence would be illegal in itself, and perhaps the copy protection was only intended to inhibit illegal copying, but nevertheless if we went ahead we could be making criminals of ourselves. This is in the UK, BTW, but AFAICS a similar argument would apply anywhere in the US or Europe if the DMCA/EUCD is in force.

      IMHO, the only realistic way you can defend the principle of copyright in law is if you also admit certain basic rights to users of copyright material, of which making back-ups and format-shifting for personal use are the two most obvious at present. That doesn't in any way render ripping off the media companies legal, and nor should it. However, it does mean that if (as the companies like to claim) the high price you pay for mass-produced media reflects the value of the content, then what you're buying is a personal right to that content, where using the MP3 player/car CD player/multimedia software on your computer that the same industry sells does not rather hypocritically turn you into a criminal.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    7. Re:Boucher is not our hero... by Dachannien · · Score: 2, Informative

      Did you actually RTFA that you linked?

      Part of the point of the DMCRA is to revoke the provisions of the DMCA that made it illegal to produce devices that bypassed copy protection features, as long as the uses of the content are fair (e.g., not sharing it wholesale over the Internet). Boucher wants to ensure that we can do things like time-shift television shows, skip commercials, watch it backwards or extra-fast, or keep an archival copy, not to mention all the things that libraries, journalists, and academicians in the humanities might need to do with digital media.

      He doesn't want the version of the broadcast flag that the MPAA tried to ramrod through the FCC - he wants a sane version that protects digital content from being unfairly abused while still protecting our rights as consumers. Hopefully, he can extend this concept to the 5C system that is essentially Broadcast-Flag-For-Cable, for which there is currently no moderating influence, and for which the MPAA is getting their every wish.

    8. Re:Boucher is not our hero... by zxnos · · Score: 1

      over the air you are more likely to watch commercials. i have never seen commercials in a torrent of a tv show. that is the rub. that is the view of the execs - i agree with you.

      --
      always mosh clockwise
    9. Re:Boucher is not our hero... by cpt+kangarooski · · Score: 1
      Let me comment based on Copyright.gov guidelines:

      Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered "fair," such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:


      Sharing your captured broadcast material over the internet, whether with friends or not, cannot be considered 'criticism, comment, news reporting, teaching, scholarship, or research' without drastic modification from the current method of how that material is shared.

      Sadly, the CO and the Register of Copyrights are not good sources of information regarding copyright.

      Anyway, they appear to have misstated 107. In reality, any otherwise infringing act is a fair use if it is fair. Courts can determine fairness by using the four factors in the statute, plus anything else they want to consider.

      However the 'list of various purposes' is merely intended as a guide. It is _likely_ that news reporting is fair, but its inclusion in the list means nothing. Only an actual analysis based on the factors involved matters. Fair uses may be other than those listed (note e.g. parody is not included), and those listed may not be fair uses based on the circumstances.

      Additionally, fair use is perfectly capable of covering entire works, rather than mere portions thereof. And sometimes, using just a portion was not fair. Fair use depends entirely on the facts. You cannot make accurate blanket statements about what is and is not a fair use.

      Further, a 1961 report is of not great value, given the statutory reformulation of fair use in 1976, and the 44 years of quite notable caselaw we've seen since '61.

      Given that fair use is, at essence, a judicial doctrine, an equitable doctrine, I think you'd be better off looking at notable cases, chiefly since 1978.
      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    10. Re:Boucher is not our hero... by brontus3927 · · Score: 1

      The whole point to the uproar about the broadcast flag and other DRM is that it gives the content distributors and creators the final say in how much of a fair use right you have. Under the broadcast flag the following types of things are possible to prevent, despite being fair use: space shifting (playing content on a device other than the one that recorded it), multiple playbacks, and time-shifting. These three items are all part of the basic foundation of Fair Use. Don't think it would ever happen that a broadcaster would restrict these rights? Ask Fox how they feel about people making recordings of the SuperBowl.

    11. Re:Boucher is not our hero... by bersl2 · · Score: 1

      It's the closest legal language in current use that describes how many of us feel about the supposed ownership of ideas.

      Perhaps it is a rationalization of illicit acts.

      But perhaps it is also part of one of the more common problems in history: We have an idea that we believe would allow for society to function far more efficiently and fairly. We also believe that our idea is justifiable by (social) scientific and philosophical means. Now, how do we best go about getting society to give our idea a chance? Do we go about it by convincing the establishment directly to allow it, or do we use the often crude actions of the populace to force change? Are social conservatives best appeased by taking small steps toward our goal, or is a go-for-broke, all-or-nothing approach the only acceptable way? Generally, should we attempt to appease or to overpower?

      It's the same social process that has been happening (at a more advanced stage) with, for example, racial equality and sexual equality. We are a force of change that views itself as progress. However, we all have different ideas as to how this change can best come about; thus, on the way to our goal, we will often undermine ourselves.

    12. Re:Boucher is not our hero... by pomo+monster · · Score: 1

      No, he's right, even if he wasn't being clear. You can claim fair use for making entire copies of a work for backup purposes, but pointedly not for sharing it on BitTorrent with 100,000 of your best friends. On the other hand, sharing "excerpts and quotations" is OK if for one of the incidental or judicial uses he gave as examples.

      Also, I think you misread a lot of what he wrote, not that that's relevant to your bileful screed.

    13. Re:Boucher is not our hero... by d34thm0nk3y · · Score: 1

      Does Fair Use cover recording things off the TV? That is the ONLY thing the broadcast flag would prevent. Trying to extend this conversation to sharing files over the internet is a strawman.

    14. Re:Boucher is not our hero... by Dhalka226 · · Score: 1

      No I didn't realize that, but that may be because Fair Use rights only come into play when you don't own the copyright!! Fair Use is when you use a copyrighted work without having to ask permission from the copyright owner.

      Use is one thing, and in that sense I agree with your statement. However he said share, not use, and even the quote you provided only says that a consumer can make a copy for a fair use. So really, you've done nothing to clarify what constitutes as fair use and have said basically nothing. Certainly nothing to be smug about "pointing out" to the grandparent.

      The rest mostly seems like you bitching about word choice. "Oh my GOSH!! HE SAID GENERALLY! ATTACK!!" There are reasons for softening down statements with words like "generally" aside from the literal interpretation meaning there are exceptions. Including so when you get flamed on Slashdot if somebody can provide a decent counter-example (which you do not), the heat is slightly lower.

      Actually, subconsciously, I just did what I was talking about: I said "the rest mostly seems like you bitching." I mean "the rest is you bitching," but I dumbed it down to soften the abrasivenes (which I've just reinserted I guess, but at least now it goes to proving a point instead of simply being a prick).

      I do find it somewhat ironic that you got modded "Informative" for a post that only says "you may not be right." I can get more information than that off of a cereal box.

    15. Re:Boucher is not our hero... by Richard_at_work · · Score: 2, Insightful

      No I didn't realize that, but that may be because Fair Use rights only come into play when you don't own the copyright!! Fair Use is when you use a copyrighted work without having to ask permission from the copyright owner.

      My comment on sharing copyrighted worked was directed straight at the parent comment. Fair Use is a set of exclusions from standard copyright law that the copyright owner has no control over - the parents example of sharing would struggle to come under any of the examples given of accepted fair use and based on the factors given in copyright law, it would have a hard time winning a court case based on it.

      You can cite statutes all you want, but unless you know the case law behind it, you don't know what it has been interpreted to mean. For instance, did you know that the Supreme Court has held that "any individual may reproduce a copyrighted work for a 'fair use;' the copyright owner does not possess the exclusive right to such a use." SONY CORP. OF AMER. v. UNIVERSAL CITY STUDIOS, INC., 464 US 417 (1984).? I can tell that you didn't.

      I dont see any mention of redistribution of the reproduction being allowed under that ruling and fair use certainly doesnt give you the sort of redistribution rights that slashdotters seem to think. I did know about that ruling tho.

      Did you even read what you cited? That is a list of "EXAMPLES", and the list is not exclusive.

      I did read that, tahnkyou. That is a list of EXAMPLES that courts have found to be fair use. Note the distinct lack in that short list of examples where the item has been redistributed in entirety, but I do agree that its a non exhaustive list.

      Again, if you did any research you'd find that there is no exhaustive list for "fair uses" nor is there any bright line test for what constitutes fair use.

      Equally that can also mean that theres no exhaustive uses against fair use - as each case of fair use is decided upon its own merits, this will always be the case. You cant look at a usage and immediately claim its fair use or not, but based on past cases, predominently the thing which has been found to be Fair Use is partial reproduction, not full reproduction and distribution.

      The factor that has the most weight to ascertain whether or not a use is a fair use is "was it for commercial purposes?". That's the biggy, so if you're using it for personal use (does that include sharing? we don't know yet) then it is more likely that your use is non-infringing, but even that is not dispositive

      No, there are four (4) weights attached when deciding if a use is fair or not and these are laid out in section 107:

      1. Commercial or non commercial

      2. Nature of copyrighted work

      3. Size and substantiality of portion used

      4. The effect of reproduction on the marketability or value of the work

      The section places NO WEIGHT on any single one of those, each is as equal when determining whether the usage is fair use or not. The fiar usage exclusions within copyright law all use language which leans toward partial redistribution and now redistribution of the entire work.

      OK, you just contradicted yourself. You said previously that you can't copy an entire work without infringing, but now you say that Fair Use has only been generally (read: not entirely) applicable to copies of whole works

      No you misread my sentance, I say that Fair Use has generally found to be not applicable to entire works except under certain exceptions such as incidental copying or judicial copying.

      To reply to your final point, I never ever said in my post that an action such as sharing is 'an abolute infringing act', my wording was very carefully put across to ensure that all I said was that it didnt certainly and definately fall under Fair Use like most slashdotters seem to believe it does. You have no immediate right to redistribute copyrighted material anyway you like, and that is the belief most slashdotters seem to think they have a right to.

    16. Re:Boucher is not our hero... by KDR_11k · · Score: 1

      They could still have recorded it.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    17. Re:Boucher is not our hero... by russotto · · Score: 1

      The Betamax case ruled that recording things off of TV was fair use. However, the lifetime of that case is likely very short unless the Chief Justice is unable to participate in the vote in MGM v Grokster.

    18. Re:Boucher is not our hero... by squiggleslash · · Score: 1
      I say that Fair Use has generally found to be not applicable to entire works except under certain exceptions such as incidental copying or judicial copying.
      The BetaMax case (time shifting) also seems to be an example, or is this not fair use? (I'm genuinely asking. This morning I had an epithany about copyright law which made me realise I've misunderstood it for years. So I'm curious to know, for example, whether time shifting and "space shifting" are generally considered fair use or are/are not covered by something else.
      --
      You are not alone. This is not normal. None of this is normal.
    19. Re:Boucher is not our hero... by squiggleslash · · Score: 1

      Why do I keep misspelling "epiphany"? I'm such a doofus. I don't even pronounce it "th". Gah.

      --
      You are not alone. This is not normal. None of this is normal.
    20. Re:Boucher is not our hero... by pete6677 · · Score: 1

      There was a letter to the editor written to the Chicago Tribune last week (I would link to it if they still had it up) by some MPAA stooge that was trying to convince the public that the broadcast flag is some sort of consumer benefit. He argued that if digital content cannot be protected, it would not be broadcast. He even went as far as saying that MLB baseball games would no longer be broadcast because of "piracy". Like anyone is going to believe this. Broadcasts will continue to be protected in the same way they are now: not at all. This model has worked pretty well for the last 20 or so years and digital TV won't change it that much. What the industry wants is new protections to curb existing rights and create an artificial new revenue stream, so you can pay for anything that you don't get to watch the first time. Fortunately, I think the American public is a little smarter than this.

    21. Re:Boucher is not our hero... by pomo+monster · · Score: 1
      Yup, that's fair use. But in this situation, the Supreme Court agreed with the lower court's decision that timeshifting the entire work falls under fair use because... well, this page describes it a lot better than I could:

      The District Court concluded that noncommercial home use recording of material broadcast over the public airwaves was a fair use of copyrighted works and did not constitute copyright infringement. It emphasized the fact that the material was broadcast free to the public at large, the noncommercial character of the use, and the private character of the activity conducted entirely within the home. Moreover, the court found that the purpose of this use served the public interest in increasing access to television programming, an interest that "is consistent with the First Amendment policy of providing the fullest possible access to information through the public airwaves. Columbia Broadcasting System, Inc. v. Democratic National Committee, 412 U.S. 94, 102." Id., at 454. n8 Even when an entire copyrighted work was recorded, [p.426] the District Court regarded the copying as fair use "because there is no accompanying reduction in the market for 'plaintiff's original work.'" Ibid.

      (Why can't I login or post from my IP, Taco? Grrr...)

    22. Re:Boucher is not our hero... by FellowConspirator · · Score: 1

      Case law in the US clearly refutes your assertions. First, the scope of "fair use" is not predifined (purposely so), but the court is not likely to differentiate soley on the basis of the medium (Internet). Specifically, if you share video or sound clips, it's likely "fair use" so long as it's a smaller portion of a whole or is required as referential material for another work (commentary, editorial, satire, etc.). The court is intended to be the final arbiter of what is "fair", and in the past has adjuicated a wide range of "uses" to be "fair use" beyond those examples that appear in the statute (the term "such as" indicating to the court that they do not represent an exhaustive list).

      There's a tremendous amount of case law on the subject, but you can infer from it that posting Star Wars III torrent would be generally be infringment, but excerpting a light saber duel and sticking it in a page discussing theatrical combat choreography would probably be considered legitimate fair use (more so if bibliographic information is provided along with the clip).

      Moreover, the notion that "you can do anything you want with it", referring to content, was the law until passage of the Digital Millenium Copyright Act, which introduced "digital works" as a special class with special rules and introduced the notion of "technological access control". The most interesting portion of the act is really that it expands copyright to not only cover copying, but now to also cover "access" (including limiting access to works which you've legitimately obtained a copy). This aspect of the law is the part that really seeks to invalidate all prior interpretations of fair use. It's quite clear this why the law refers to technological access controls rather than copy protection.

      Incidentally, this is one reason why there are region code hacks for so many DVD players yet nobody has ever been prosecuted fo using them. The reason region codes exist is because player manufacturers are forced to license the content-scrambling algorithm and keys from the CCA and a portion of that license stipulates that vendors must implement the region code (itself meant as part of a price-fixing scheme). Yet various countries protect the consumer's right to view content from wherever they get it, and there are people that want to view content from abroad. In the US, for example, circumventing region codes to watch foreign DVDs is grudgingly understood by the media industry to be "fair-use" and they've never considered filing suit against those that do it -- nor do they need to (yet) because it's sufficiently inconvenient that few do it.

    23. Re:Boucher is not our hero... by MikeBabcock · · Score: 1

      Its not like MLB sells DVDs of the season ... yet.

      --
      - Michael T. Babcock (Yes, I blog)
    24. Re:Boucher is not our hero... by Richard_at_work · · Score: 1

      Yes, that is fair use, but it still only covers reproduction and not redistribution of the copyrighted work, and that is what my posts are about.

    25. Re:Boucher is not our hero... by squiggleslash · · Score: 1
      Thank you!
      Moreover, the court found that the purpose of this use served the public interest in increasing access to television programming, an interest that "is consistent with the First Amendment policy of providing the fullest possible access to information through the public airwaves. Columbia Broadcasting System, Inc. v. Democratic National Committee, 412 U.S. 94, 102."
      Ouch. I suspect that's the major attack point for most of the "fair use" arguments people have about "space shifting".

      Which is a shame because ethically there shouldn't be an issue with something that someone does privately to copy a work they 'own' for their own personal use. I hope Boucher recognizes the limitations of fair use and seeks to extend them, a little.

      --
      You are not alone. This is not normal. None of this is normal.
    26. Re:Boucher is not our hero... by MikeBabcock · · Score: 1

      I'd like to point out that here in Canada, the regulations permit the redistribution of OTA (over the air) signals, as long as they are not altered.

      That is to say, you can't strip commercials or replace them with your own without paying for the right to do so.

      --
      - Michael T. Babcock (Yes, I blog)
    27. Re:Boucher is not our hero... by Macadamizer · · Score: 1

      The section places NO WEIGHT on any single one of those, each is as equal when determining whether the usage is fair use or not.

      That is correct, but caselaw certainly has determined which of the factors is most important, and it turns out that 4, the impact on the economic value, is considered the most important. See Campbell v. Acuff-Rose Music, for example (I think that's the right one!).

      Another problem with "fair use" is that it is not a "right" that you can assert, but rather it is a defense to infringement -- you raise "fair use" as a defense once you've already been sued -- you can't scream "fair use" to keep people from suing you...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    28. Re:Boucher is not our hero... by pomo+monster · · Score: 1

      And it's a shame nobody replying to you or modding you down understands that. Par for the course here. :p

    29. Re:Boucher is not our hero... by Locke2005 · · Score: 1
      You do realise that 'Fair Use' rarely if ever extends to sharing copyrighted material that you dont own copyright to?

      Right... so all those libraries are unlawful, then? Now I understand! Thank you for correcting my misunderstanding that libraries are legal!

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    30. Re:Boucher is not our hero... by 1ucius · · Score: 1

      The DMCA actually doesn't make it illegal to bypass a copy protection mechanism. Just a bit of trivia . . .

      w.r.t. your larger issue, even if we grant end users actual 'rights,' it won't solve the problem. Technology would put those rights into direct conflict with the copyright holder's property rights; if you freely allow users to format shift, etc. the copyrighted material will end up being pirated. Regardless of your opinion about the extent of the resulting losses, one thing is clear. Piracy destoys the essence of what the rightholders own - the right of control (which is not an IP-only concept, btw. Physical possession has never been a significant part of what it means to own property). The DMCA is one way of balancing these conflicting rights. It may not be the best, but it's at least fairly simple and settled. I guess other solutions would be DRM or even-more significant penalties, but I'm not sure if I like those solutions any better. . .

    31. Re:Boucher is not our hero... by Richard_at_work · · Score: 1

      When it comes to stuff like this, I dont post for the karma, I post because I believe in what Im saying and the arguements and views im putting across. I knew for a fact that my initial post would hit +5 and then be modded down to hell, tho I am surprised by the fact that its stayed above +2 for the time being. My post is so much against slashdot groupthink that I dont even care about the karma level, because I know that it represents the standard groupthink and not reality.

    32. Re:Boucher is not our hero... by hobbesx · · Score: 1
      You are talking about the brodacast flag that the FCC attempted to implement, which was shot down, and fair use rights that are only assumed. This is the point that I'm trying to make: 'Fair Use' as it is currently only gives expressed permission to re-use content in a very limited context (eg. Reviews, research, etc.) The street definition of fair use (for lack of a better term) doesn't actually exist, and won't exist until one of two things happen: 1. Fair use is challenged and won in the Supreme Court in the context of mass distribution of copyrighted material for personal use, or 2. Fair use for personal/household use is expressly defined via legislation.


      Now, assuming that this proposed legislation is brought about the way it is implied in the TFA, fair use of broadcast material is now legal and must be honored by the broadcast flag capable equipment.

      If you are really willing to put your trust in the Supreme Court to uphold Fair Use as it is commonly accepted today, I'd suggest you read up on it.

      --
      This rating is Unfair ( ) ( ) Fair (*) Funny
      Sigh... If only. Modding would be so much more fun.
    33. Re:Boucher is not our hero... by cpt+kangarooski · · Score: 1

      While in the US, not only are there no special provisions for commercials, but since they're separate copyrighted works, if you included them, you might end up having to show fair use separately for them, along with the actual show.

      (If we're talking about the Internet. TV rebroadcasters have something similar to the above, but people using BT don't qualify)

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    34. Re:Boucher is not our hero... by kajoob · · Score: 2, Informative
      I don't want to get into a pissing contest and rebut everything you say point by point all night long because it's obvious you're not an attorney, but you said the following:


      The section places NO WEIGHT on any single one of those, each is as equal when determining whether the usage is fair use or not. The fiar usage exclusions within copyright law all use language which leans toward partial redistribution and now redistribution of the entire work.


      Those are indeed the factors, but like I said before, a statute is nothing by itself - you have to check your case law. There isn't any weight listed for those 4 factors you mention because you're not going to find anything like that in the statute itself, it's in the damn CASE LAW!! And courts have held over and over that the most important factor is if it's a commercial or non-commerical use. I don't have any cases in front of me and I don't feel like digging on lexis, but I'm sure somebody else here can cite some cases for me that back this up.

      Not only that, but those factors CAME FIRST, before the statute. It even says that in the statute that you cited!! Have a look....


      Sec. 107:
      Although fair use was not mentioned in the previous copyright law, the doctrine has developed through a substantial number of court decisions over the years. This doctrine has been codified in section 107 of the copyright law.


      "Codified" means that a judge made law existed (you may know this as "common law"), and then the legislature then took the rules that the judiciary made and wrote them down into a statute. The common law was written into the code, hence the term "codified". The case law is still valid though, that is why the 4 different factors have differing weights - it's in the cases.

      --
      Quidquid latine dictum sit, altum viditur
    35. Re:Boucher is not our hero... by Anonymous+Brave+Guy · · Score: 1
      w.r.t. your larger issue, even if we grant end users actual 'rights,' it won't solve the problem. Technology would put those rights into direct conflict with the copyright holder's property rights

      There is no easy way to resolve that apparently conflict, it's true; indeed, I've made this observation several times here myself.

      However, if you're going to take someone's $15 for a CD of music protected by copyright, and you're going to take their $100 for $MP_THREE_PLAYER that requires format shifting to use it, then you have to accept your side of the bargain too. If you aren't prepared to do that, you shouldn't take people's money.

      (Yes, I realise that really does kill certain business models. I hold that those models are both unfair and replaceable by other, more successful models, and therefore protecting them by law does not benefit society.)

      If a distributor wants to use DRM, the price to them should be that they must (a) provide the same material to the same customer on alternative media at cost price, and (b) allow an official copyright agency to hold the original, unprotected data in escrow, to guarantee release at the time the copyright expires even if the holder isn't around to do it at the time. Anything less is not providing what the distributor is claiming to charge for (i.e., access to that particular content for that particular individual) and/or not living up to the limited time aspect of copyright.

      Alternatively, the distributor could rely on the same principle as many other areas, trust that if people feel the rules are fair then they will generally follow them, and concentrate on going after the ones who really do abuse the system at significant cost. It would appear that users are prepared to pay a modest amount for convenient electronic downloads, for example, and I know far more people who buy legitimate DVDs than rip things off (though few who buy from distributors who plaster adverts and stern warnings all over the first 20 minutes -- go figure).

      Bottom line: I agree with the principle of copyright, and that it should be enforceable by law. I have no problem with pretty harsh penalties for those who violate it, and distribute material widely. But equally, I don't see why the law should impede my legitimate and sensible requests as a consumer, when they are clearly of benefit to me, yet cost the media industries nothing if what I'm buying really is the right to have the material for personal use as they claim.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    36. Re:Boucher is not our hero... by blincoln · · Score: 1

      He even went as far as saying that MLB baseball games would no longer be broadcast because of "piracy".

      Do sports fans even trade recordings of games online? I am not a member of that category, but my friends who are seem to be very into the idea that it's a live broadcast.

      --
      "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
    37. Re:Boucher is not our hero... by civilizedINTENSITY · · Score: 1

      Not a bad trade. Consider this: there is now a broadcast flag. But you have explict fairuse rights to bypass the any DRM for legitimate uses, such as time or media shifting the content, or pulling sections out for your kid's end of class, High School multimedia presentation. Big gain for us where it matters, especially if you can go to Radioshack and buy a cheap box that lets you bypass for legit purposes. It is the best of both worlds.

    38. Re:Boucher is not our hero... by civilizedINTENSITY · · Score: 1

      What about people who take parts of CDs (say a song) from many CDs and compile their own themed list? Wouldn't they own the copyright on that arrangement? It is surely legal. But could they then say to their neighbor, "Hey, doing an 8 hour roadtrip? Take along my Staying Awake and Driving Driving Driving cassette tape." I think that is legal too. Can the person who borrows the tape make a backup? Now that is, I think, where the line gets crossed, perhaps. If it were for the purpose of a backup, maybe. But to keep the backup and use it after returning the original?

    39. Re:Boucher is not our hero... by civilizedINTENSITY · · Score: 1

      Seems like for "noncommercial, home use" could include your neighbor's, and his neighbor's, and his neighbor's neighbor's "noncommercial, home use". So at that point, if it would have been legal for fred to make a copy, can't frank let fred make a copy of his copy?

    40. Re:Boucher is not our hero... by civilizedINTENSITY · · Score: 1

      Actually I have the right to do anything not proscribed by the intent and letter of Federal, State, County, and City laws and ordinances. I don't need an amendment to "grant" me a right. The rights so granted are *not* exclusive, and in fact an argument to having a Bill of Rights was that people might try to say that only those rights enumerated where rights. So I have the right to do what I want with that CD *except* for where the law has expressly limited my rights for the purpose of creating a legal fiction (psuedo-property) in order to advance the arts and sciences for the public good. It isn't a "right to profit", but rather limited profit for a limited time, to increase the amount of material that is created and passed into the public domain for the public good.

    41. Re:Boucher is not our hero... by Anonymous+Brave+Guy · · Score: 1
      Actually I have the right to do anything not proscribed by the intent and letter of Federal, State, County, and City laws and ordinances.

      That falls down firstly on simple, philosophical arguments, not least that a right you can't exercise is no right at all.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    42. Re:Boucher is not our hero... by civilizedINTENSITY · · Score: 1

      The only philosphophy classes I ever took were a simple GE "Critical Thinking" class, and a graduate Philosphophy of Mathematics class. I'm sure about the politics, though.

  13. Re:Priorities by Nagatzhul · · Score: 2, Insightful

    Cause Universal Health care sucks rocks?

    --
    "All I want is a warm bed and a kind word and unlimited power." - Ashleigh Brilliant
  14. Re:Priorities by Zeebs · · Score: 1

    Cash has no predevined purpose, you can do anything with it, laws of physics/thermodynamics/etc. not with standing. Hell for a government it's just a number on paper, not even restrained by a physical representation. So "You gotta do what you can with what you got." becomes anything you want. If you choose to waste it then it's wasted but there was no predetermined path of that dollar into a sink-hole.

    --

    Happy Noodle Boy says "F###ing doughnut! Mock me? You fried cyclops!!"
  15. Douchebag by Anonymous Coward · · Score: 0, Offtopic
    make amends with the rest of the world

    What fucking amends? You sound like we have got something to apologize. For what? Liberating not one but two oppressed peoples?

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

      And I'm sure both of those people are grateful.

    2. Re:Douchebag by Floody · · Score: 0, Flamebait

      What fucking amends? You sound like we have got something to apologize. For what? Liberating not one but two oppressed peoples?

      How about having something to do with getting them there in the first place? Or have you completely, to use your parlance, fucking forgot about US support for Iraq/Saddam during the Iran-Iraq war between 82-88? This is fucking during the regime's use of chemical weapons against the kurds.

      And you wonder why people hate "Americans" (my apologies to Canadians, Mexicans, etc)?

    3. Re:Douchebag by Skye16 · · Score: 0, Offtopic

      So...you hate me because of something some politician did right around the time I was born?

      Real swift, aren't you? I mean, hell, by your logic (guilty by association), everyone in Iraq is guilty of murder just because their former President was.

      Fuck you and your generalizations. I didn't vote for Bush, I sure as hell didn't support the war, and I definitely think we made a mistake (many mistakes, in fact). I did all of that, but I'm still 100% American - and proud of it. Again: Fuck you and your pathetic stereotyping. I thought the rest of the world was "smart" and we Americans were "dumb" - at least some of us can manage to differentiate between jackass politicians/talking heads and the individuals of a country.

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

      What fucking amends? You sound like we have got something to apologize. For what? Liberating not one but two oppressed peoples?

      And on behalf of my dead uncle and cousin (killed in US bombings), I'd like to thank you for "liberating" them.

      You've done almost as good a job "liberating" us as you did with your own native indians. Keep it up, just a little more "liberation" and you may just finish us off yet.

    5. Re:Douchebag by PriceIke · · Score: 0, Offtopic

      Dear People of Iraq:

      We're sorry we supported Saddam. He turned out to be an asshole. To amend this, we have overthrown him and have returned control of your country to you. We hope our efforts, and the lives of our soldiers sacrificed, helps to set your country on the right path again. We deeply apologize for the travesty that backing Saddam resulted in and we are doing everything we can to amend the situation.

      Sincerely,

      The American People

      --
      It's not a lie. It's the truth with lossy compression.
    6. Re:Douchebag by geekoid · · Score: 1

      Dude,
      The guy has no clue. CLearly he has no idea what was going on in the 80's with Iran, or why we supported Iraq.
      Hell, he probably thinks a Cold war is about getting the last chilled soda.

      Americans are not dumb, distracted, yes, but not dumb.

      AS a matter of fact, I would wager that if some real news sources started actually asking serious questions about this administration*, a lot of people would start getting very upset. But the media is owned by people who fire anybody who shows facts that are counter to what they believe.

      The WHite house press core has seriously let us down. there are number 1 tool with knowing whats going on, but they all seem to afraid of loosing there credentials to ask real questions.

      really, about any adminitration regardless of political party.

      I don't think Saddam has been found guilty of murder. Isn't the trial on going as we speak?

      and what happens if he is found not guilty? do we give him his country back?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    7. Re:Douchebag by Anonymous Coward · · Score: 0

      "I thought the rest of the world was "smart" and we Americans were "dumb" - at least some of us can manage to differentiate between jackass politicians/talking heads and the individuals of a country."

      So, you're confusing a single slashdot troll with the entire 5+ billion of us outside your borders?
      Given the rest of your post, that's truly ironic :)

    8. Re:Douchebag by Skye16 · · Score: 1

      Nah, you just assume I was. That's why I said "you" all through there, and not "you Europeans", or "you Asians" or "you Africans" or "you Antarcticans". I was only referring to him, in and of himself.

      I thought about the same thing when I was writing the post, but I decided I was clear on him being the dumbass. Apparently, I wasn't as clear as I could have been. My bad! Hopefully you got a good laugh out of it, at least :]

  16. Multi-tasking - There are 435 Members of the House by Anonymous Coward · · Score: 0

    Consumer Rights are an important thing for legistlators to be protecting. If you paid any attention to the process, you'd know that this is just one of many issues being worked on. In fact, the whole thing only works if they've got multiple issues, so they can work effective compromises accross them.

  17. Re:Priorities by Zeebs · · Score: 1

    No, I said if the government is going to expand it's authority, Universal Broadband, why not do something useful instead. How is Universal Broadband protection, or for that matter the DMCA? Strawman.

    --

    Happy Noodle Boy says "F###ing doughnut! Mock me? You fried cyclops!!"
  18. Re:Priorities by Anonymous Coward · · Score: 0
    They should be focused on World Peace

    Uhh...where have you been? That's why we're in Iraq now. By draining the swamp there and building a free, democratic nation in the Middle East, it will promote stability in the region.

    That's one more step to World Peace, IMO.

    And to think, all the slashbots were opposed to the liberation of Iraq.

  19. Re:Priorities by Anonymous Coward · · Score: 0

    "...education, healthcare, and scientific reasearch could all better use that money."

    Everybody knows that. It is this way, because certain companies, professionals can profit the most the way how things are now.

    It's not the matter of how the money could be used better for the public. "The public" does not lobby to change favourable legislation.

    Corporation, industries, group of professionals do.

  20. Who's on our side? by RickPartin · · Score: 1

    Besides this guy and the EFF who is really fighting for fair use rights these days? The MPAA and RIAA and billions of dollars and high paid lobbyists. What do we have on our side? We can complain all we want but until we have some cold hard cash and some good organization our rights will continue to go down the toilet.

    1. Re:Who's on our side? by Znork · · Score: 4, Insightful

      With the damage that intellectual monopoly rights cause to the economy, consumers and taxpayers it shouldnt be too hard to recruit supporters provided one uses the correct arguments.

      Remember, intellectual monopoly rights are, in fact, monopoly rights and nothing else. They cause the same economic damage by diverting economic resources into inefficient organizations as any other monopolies.

      Organizations that can fail to make a profit on a product that costs $10k to produce and will sell a million copies at $15 a pop shouldnt exist in a free market economy.

    2. Re:Who's on our side? by brokenpineapple · · Score: 1
    3. Re:Who's on our side? by Dachannien · · Score: 1

      Oddly enough, TFA actually has a link that answers your question. IPac, a political action committee focused on consumer-side intellectual property rights, endorsed six candidates in 2004, five of which won re-election. This article mentions them all by name.

    4. Re:Who's on our side? by squiggleslash · · Score: 1
      There are literally hundreds of people on Slashdot who'll post a jolly-stern reply to a thread about P2P and/or CD prices if Congress mandates the death penalty for people who sneak camcorders into cinemas.

      So I think we have a pretty big group of supporters actually, and there's no reason to worry.

      --
      You are not alone. This is not normal. None of this is normal.
    5. Re:Who's on our side? by Kaorimoch · · Score: 1

      The intellectual property market happens to be one of the markets of the future for America. With all the manufacturing plants and skills that made America great in the last century being closed or going overseas, along with other skilled jobs, the creation and exploitation of IP will create a nice little wealth stream for the US. And the government and lobbyists know this. Just look how they are cramming restrictive IP legislation down the throats of other countries.

    6. Re:Who's on our side? by westlake · · Score: 1
      With the damage that intellectual monopoly rights cause to the economy, consumers and taxpayers it shouldnt be too hard to recruit supporters provided one uses the correct arguments

      The american motion picture and video industry alone directly employs 360,000 people, mostly in New York and Los Angeles: Motion Picture and Video Industries.

      You do not build a taxpayer revolt around clean industries, high-wage jobs, and a lucrative export market.

    7. Re:Who's on our side? by civilizedINTENSITY · · Score: 1

      I'd hate to put all my eggs in one legal-fiction, er, uh, basket. What happens if the rest of the world doesn't go along with our legal-fiction? Do we invade and force them to write laws to recognize intellectual property? There is something to be said for actually providing a good or service in return for compensation, rather than relying on the King's Knights ride in and destroy destroy competitors. Used to be only guild members could use a screw. You'd be busted up for repairing your own furniture, and so non-guild members had to tie things off with twine or pay *serious* money to a guild member.

    8. Re:Who's on our side? by Znork · · Score: 1

      "The american motion picture and video industry alone directly employs 360,000 people"

      Yep, and if we introduce breathing rights and give them to me I'll promise to employ another million. Of course, breating might cost a bit.

      The number of people employed in non-wealth creating jobs is not an indication of the health of an economy.

      Look at it this way, if China ignores IP laws that 'lucrative export market' is worth zero in trade balance. But I challange you to find a way to make DVD players without paying for the production.

      Counting on other countries to implement the same economic damage that we are isnt a reliable way forward... it didnt work particularly well for the Soviets, and it wont work for us.

  21. Mods On CRACK by Zeebs · · Score: 1

    This was only modded troll because it got first post. How is asking how spending on Universal Broadband better than other spending a troll? Damn do people not even read the summary at the top of the story anymore.

    --

    Happy Noodle Boy says "F###ing doughnut! Mock me? You fried cyclops!!"
    1. Re:Mods On CRACK by shrubya · · Score: 1

      It's a troll because you did NOT ask about spending on universal broadband. You threw some sort of generic complaint that government should ignore whatever until the problem of universal healthcare is solved. Go read what you wrote.

  22. Re:Priorities by giorgiofr · · Score: 1

    While what you describe as the American way is certainly correct (and it's actually the, uhm, World way), I think you're a bit too quick in determining what matters and what doesn't. Certainly social security is an issue, but the fact that illegal immigration is probably used as an excuse to extort some more money or distract the populace does not make said immigration-related problems any less real or worrying.

    --
    Global warming is a cube.
  23. Re:Priorities by majikenny · · Score: 0, Offtopic

    I gotta agree with a few of the chaps furthur up. Healthcare isn't really all that wanted by a lot of people. I can assure you that my grandparents that grew up without healthcare ended up far healthier than my grandparents with it. Now, I would agree with you that better education is needed, and certainly more important than getting everyone good internet. If the money is that tight, you can always leave the science to foreigners.

    --
    No bastard ever won a war by dieing for his country. He won it by making the other poor, dumb, bastard die for his.
  24. Reply by ravenspear · · Score: 2, Funny

    Glickman to Rosen: You seemed to have better luck with this. Should be just keep pouring in money or appeal to the children?

    1. Re:Reply by poningru · · Score: 1

      ROFLMAO dude if only I had mod points, sad thing is half of the people probably didnt get it.

      --
      Calm down people, its a religion not an operating system.
    2. Re:Reply by Create+an+Account · · Score: 1

      I didn't get it. Dang it. I hate being in the bottom half. "Below average." Dang it.

  25. Restoring fair use rights? by erroneus · · Score: 1

    Might this mean that the DVD X Copy people can go back into business again? Say what you will about the quality of the software and all (it sucks, "#####" is better anyway, etc) they represent a legitimate software product that did a good job for consumers who wanted to protect their media purchase. It was simple and effective and definitely provided the tools necessary for people to exercise their fair use rights.... rights that still exist even while the tools to make use of them are illegal.

    1. Re:Restoring fair use rights? by JThundley · · Score: 2

      I'm still angered over the lawsuit against 321 Studios that forced them out of business. I watched a report on G4 or something, where they explained everything and did interviews, and it was the interviews that pissed me off the most:

      DVD X Copy lady: "Our software lets people make backups of movies that they have already bought."

      MPAA guy: "Making a copy of a DVD that you bought is OK, that's fair use. What's not OK is when someone shares that DVD with a thousand of his closest friends."

      I'm paraphrasing, but after hearing that I headbutted the wall.

  26. Mixed up? by Tezkah · · Score: 3, Informative

    Skype is a file-sharing application and that's used by millions of people. (Universities) are using file sharing as a way to disseminate research papers and other legitimate items. Getting away from centralized servers and going to peer-to-peer communications all across the map means the communications are faster and much more user-friendly. I will predict that within a number of years, most of the uses of file sharing are going to be legitimate.

    I think you mean Peer to Peer, not "File Sharing", which is one kind of P2P. Using Skype for internet telephony and downloading legit files from bittorrent are completely different things. The first is at risk from phone companies, the second is at risk from **AA organizations.

    1. Re:Mixed up? by Anonymous Coward · · Score: 0

      Silence! Making that distinction weakens the case for file sharing's legitimate uses.

  27. Re:Priorities by Anonymous Coward · · Score: 1, Insightful

    How is this a troll?
    Universal Healthcare does suck.

    If people are to stupid too buy medical insurance but buy spinners for their car then I shouldn't be force to pay for insurance for them.

  28. Re:Priorities by Zeebs · · Score: 1

    So then spend on Universal Broadband of course??

    --

    Happy Noodle Boy says "F###ing doughnut! Mock me? You fried cyclops!!"
  29. Re:Priorities by mirio · · Score: 0, Offtopic

    Ok, great. Just just ignore important issues like digital rights until everyone has healthcare, poverty has been eliminated and Bush and friends have been kicked out of Washington. Yeah...that's the ticket.

    'Universal' healthcare will cost trillions over the next few decades...I'm not saying we shouldn't do it...but it's a huge undertaking for sure. Telling the record companies where they can stick it costs virtually nothing to the American taxpayer...it only takes a politician with the cojones to do it.

  30. What's rare-er.... by Anonymous Coward · · Score: 0

    A representative supporting fair use or a Democrat from VA?

  31. Re:Priorities by Kaamoss · · Score: 1

    I couldn't aggree more with you on that. It will never be fixed though and has never been fixed because it's an easy scapegoat. I wish they would fix it.

  32. Re:Priorities by Anonymous Coward · · Score: 0

    No, you didn't. Your original post says absolutely nothing about universal broadband. Making shit up just isn't very smart when everyone can read the truth with a single click.

  33. I made Fair Use of my friend's girlfriend... by Anonymous Coward · · Score: 5, Funny

    ...and he's still pissed at me. I don't see what the problem is. I only used her for one night while he was at a family dinner, I did not intend to permanently deprive him of use of her, and she still loves him and everything.

    But he's still all hung up about the whole issue. Jeez, some people are so narrow-minded. Guy's as bad as the RIAA. I guess I should be glad he isn't litigating.

    1. Re:I made Fair Use of my friend's girlfriend... by majikenny · · Score: 1

      god, i wish i hadnt gotten into an arguement furthur up, just so i could mod you funny. well, that and the arguement was pointless, but i digress...

      --
      No bastard ever won a war by dieing for his country. He won it by making the other poor, dumb, bastard die for his.
    2. Re:I made Fair Use of my friend's girlfriend... by freeweed · · Score: 1

      Good thing women aren't property.

      --
      Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
    3. Re:I made Fair Use of my friend's girlfriend... by Anonymous Coward · · Score: 0

      Put yourself in his shoes, he spends lots of time and money, er, "actively defending his copyright", and then misses out on a royalty from the one guy who might pay up.

    4. Re:I made Fair Use of my friend's girlfriend... by Anonymous Coward · · Score: 0

      I know you are being funny and sarcastic, but that is what most people miss in this *AA debate.

      You are the masses of people, your "friend" are all the *AA's and his girlfriend is music.

      So you used her for one night. It still doesn't make her his property, and he sure as heck cant dictate everything about her. Kinda like the *aa's can't dictate anything about our music and movies (ohh did i just describe a sane world? my bad.)

    5. Re:I made Fair Use of my friend's girlfriend... by StikyPad · · Score: 1

      You joke, but it's to snidely attempt to point out the supposed fallacy of fair use, so I'm going to comment on that aspect..

      In your hypothetical situation, you wouldn't really be the problem. AFAIK, courts have never found a 3rd party liable for a divorce. You're not under any obligation to uphold someone else's vows, let alone a mere committed relationship. Maybe your hypothetical friend will lose respect for you, and maybe he should, but the person he should be holding accountable is his GF, who should really be his ex GF, if he had any self respect.

      More importantly, I've never heard of a single instance of copyrighted material making a conscious decision to get uploaded.

      You can interpret that any way you see fit.

    6. Re:I made Fair Use of my friend's girlfriend... by poopdeville · · Score: 1

      But information wants to be free.

      --
      After all, I am strangely colored.
  34. Quick, Update the Diebolds! by Nedrick_Flanders · · Score: 1

    I'd bet on this incumbent.

  35. A reversal in the Democratic and Republican roles. by CyricZ · · Score: 3, Interesting

    I think we have seen a reversal in the roles of the Democratic and Republican parties within the United States. Traditionally this sort of thing would have been done by a true (ie. not neoconservative) conservative Republican, fighting for the individual rights of the American citizenry. Indeed, I find it odd that a Democrat is now the one leading the charge for individual rights.

    --
    Cyric Zndovzny at your service.
  36. Re:Priorities by Zeebs · · Score: 1

    Ok, obviously if I posit UNIVERSAL healthcare, and the summary AND makes reference to UNIVERSAL broadbad, what might I be tring to say.

    --

    Happy Noodle Boy says "F###ing doughnut! Mock me? You fried cyclops!!"
  37. Re:Priorities by Anonymous Coward · · Score: 0

    Healthcare isn't really all that wanted by a lot of people. I can assure you that my grandparents that grew up without healthcare ended up far healthier than my grandparents with it.

    What has it got to do with healthcare? Your grandparents probably did not eat as much fast food, processed food, they probably lived in a less polluted environment... Beside that, many serious health-related issues can be inherited, back to 7 generations.

    Americans tend to stick the cowboy mentality, that it's only up to the invidual whether they can take care of themselves or not. While individual responsibility has a huge role in staying healthy, it's not always guaranteed.

    Ironically, the profit driven health care industry has itself become contributor for spreading deseases. Not only obvious cases, of drugs that cause more damage than good, even "good drugs", like antibiotics when oversubscribed or fed to animals without control can cripple the state of health of large segments of population.

    Statistics shows, that public health care still has great positive impact on a society.

    In the states about 20% of the population is covered, by the largest overhead among any other countries (although we have been told that private companies are the most efficient) and 80% of personal bankruptcies in the US happen after receiving a large medical bill.

  38. Re:Priorities by Spy+der+Mann · · Score: 1

    I think elliminating debt to poor countries (AND helping them develop an industry) would be more than adequate. It's not fair to buy raw material from them and then sell them the processed goods for several times more. How are they gonna pay the debt if the US takes from them the very resources they need?

  39. So would you trade? by neonfrog · · Score: 1

    The Digital Media Consumers' Rights Act for the Broadcast Flag?

    --

    I'm thinking about it, therefore I might be.

    1. Re:So would you trade? by Anonymous Coward · · Score: 0

      It boggles me that he wants to ask the media companies this. Do they have so much power that he has to bargain with them instead of with his fellow lawmakers?

    2. Re:So would you trade? by Hamfist · · Score: 2, Insightful

      Reasonably speaking, yes. The Digital Media Consumers Rights Act allows me to remove the broadcast flag for fair use.

  40. Boucher is a name everyone should remember by viewtouch · · Score: 1

    I will assert that, without Boucher's efforts as a legislator, the Internet that we know, love, hate and use it would not exist. I will also assert that because of his current and future efforts as a legislator the Internet will be a more useable, free and valuable Internet than it would otherwise be. Everyone who wants to understand how the Internet became a part of our lives should go do their homework. Start with a search for "Boucher Virginia Representative"

  41. Re:Priorities by majikenny · · Score: 1
    I said:
    Now, I would agree with you that better education is needed, and certainly more important than getting everyone good internet.
    This means that, of the 4 options presented, the only good one was education. Sadly, pouring money into education can only do so much. In the cases where the schools cannot pay for necessities, this will greatly improve everything, and I do beleive that teachers need to be paid more. But neither of those will probably make the kids that i hope to one day enjoy making end up smarter.
    --
    No bastard ever won a war by dieing for his country. He won it by making the other poor, dumb, bastard die for his.
  42. Re:Priorities by Anonymous Coward · · Score: 0
    How are they gonna pay the debt if the US takes from them the very resources they need?

    The US does not "take" any resources, the US buys them. If they do not wish to sell raw materials to the US, any third world country, no matter how poor, has the choice not to sell. Conversely, if these countries do not want to buy processed goods from the US, they are free not to.

  43. Re:Priorities by shrubya · · Score: 1

    Just like your original post, your latest reply is ungrammatical, difficult to parse, and antagonistic. Perhaps you should notice that you are the ONLY person in the thread who thinks that your original post refers to universal broadband. You were simultaneously unclear and obnoxious; you deserved the troll mod.

    FWIW, what does "and the summary AND makes reference" mean?

  44. Re:A reversal in the Democratic and Republican rol by JDevers · · Score: 1

    No No No, we've ALWAYS been at war with Eurasia!

    See even the newspaper says that much!

  45. I just wrote to my congressman by BonoboMan · · Score: 1

    And asked him to supprt this guy. My letter was slightly off topic - copyright terms rather than fair use so much, but the main point being copyright reform with the original intent of a copyright system(which was NOT abject greed) in mind. Those of you in the US that vote and care abou this, I suggest doing the same. Your tax dollars paid for http://www.house.gov/writerep/ and I highly suggest using it. Your email probably be ignored and responded to by some intern political science flunkie, but they do make a difference, especially in volume. Here's my letter - feel free to copy it, use it, abuse it, or even claim authorship: To the Honorable Jay Inslee: Please support Rep. Rick Boucher in his fight for consumer rights in digital media. I would even be willing to actively campaign for anyone who defends the public domain and fair use. As my representative, I would ask that you remember that the founders of this great nation intended any copyright system you the congress may choose to enact to ultimately *enhance* the public domain. Our current system only serves to decimate it. A copyright term of 20 years past the creator's death should be MORE than sufficient, but now we're up to what.....95 years?!?!? This is insane. Nobody should have a monopoly on our culture, but that's exactly what we have with massive media consolidation and what effectively amounts to perpetual copyrights. This is wrong and you know it. Repeal the Sonny Bono copyright extension act. Thank you and good day.

  46. think so? by BitterAndDrunk · · Score: 4, Informative
    I don't really think it's much of a role reversal for the dems . . . historically they've championed rights of the individual over rights of businesses. After all, what do you think most social programs revolve around?

    Individual assistance to those who otherwise may fall through the cracks.

    Plus, both parties at this point seem to bow to their corporate masters rather than champion anything based on their ethical/moral considerations.

    --
    You better watch out, there may be dogs about . . .
    1. Re:think so? by Anonymous Coward · · Score: 1, Insightful
      After all, what do you think most social programs revolve around?

      Stealing one person's money, and giving it to someone else who didn't do anything to earn it?

    2. Re:think so? by Foobar+of+Borg · · Score: 1

      Like, for example, the massive subsidies and "bail-outs" to large corporations, defense contractors, etc.? I assume this is what you mean, yes?

    3. Re:think so? by megalomang · · Score: 1

      Wow... when did corporate welfare become a social program? And how can I sign up for it??

    4. Re:think so? by Foobar+of+Borg · · Score: 1
      It doesn't have to be an officially recognized social program to be an entrenched give-away activity. As to how to sign up for it, just become really big and be deemed an "essential service". Or, just give the proper campaign contributions. Ever since the days of the robber barons, those who made it big have known how good getting government contracts (such as railroad contracts during the Civil War or munitions contracts during just about any time, including now), government grants, et cetera can be. A lot of business people who speak out against social programs tend to have gotten money from the government for their business ventures. People who go out and actually try to make it on their own usually have an extremely rough time since the cards are stacked against them from the beginning.

      Anyway, the point I was trying to make was that the AC poster was deriding social programs and I simply wanted to point out (though I admit a little more tersely and angrily than I generally do) that corporations get a lot of freebies from the government as well. I'm not even saying that government help to business is necessarily bad, either. It just needs to be done in a reasonable fashion. Some social programs do need re-vamping, which will always be true as times change, but simple-mindedly heaping derision upon social programs does not help.

  47. Re:Boucher is not our hero... who's got the flag? by WillAffleckUW · · Score: 1

    Sharing your captured broadcast material over the internet, whether with friends or not, cannot be considered 'criticism, comment, news reporting, teaching, scholarship, or research' without drastic modification from the current method of how that material is shared.

    Actually, it could be considered as any of these: if you rebroadcast it as a parody; if you repackaged a series of news items into a digest - which may or may not include editing for content or length; if you rebroadcast it as criticism, as some friends of mine do a Public Access TV show that criticizes the media spew from national news and uses the items as lead-in; if you did it thru UWTV to show people the use of the broadcast flag; if you did a study to find out the use of the broadcast flag; or any other number of things.

    And that's just the START of possible uses.

    --
    -- Tigger warning: This post may contain tiggers! --
  48. Re:A reversal in the Democratic and Republican rol by PrimeNumber · · Score: 4, Insightful

    Traditionally this sort of thing would have been done by a true (ie. not neoconservative) conservative Republican, fighting for the individual rights of the American citizenry.

    I call BS.

    Not since the 19th century has the republican party given hardly any thought to the individual rights or welfare of citizens.
    I sure as hell dont remember hearing about the republican party being particularly active protecting civil rights of disenfranchised minorities during the sixties.

    More accurately, Bouchers actions represent the type of actions that gave the Democratic party a reputation of being the champion of the 'little guy' in the first place.

    Its too sad he is the exception rather than the rule, IMHO both the Republican and Democratice parties are essentially corporate whores these days.

  49. Re:Priorities by smooth+wombat · · Score: 1

    World peace will never happen so long as humans exist.

    Nor can you eliminate all diseases. The best you can do is produce vaccines to innoculate people from the current incarnation of said afflictions. However, thanks to evolution, the bugs will develop an immunity to our vaccines and become even stronger. This is already happening as witnessed by a few bugs which are resistant to all but the most toxic new antibiotics.

    Diseases are actually a good thing. They help cull the herd by removing the weak and sick. This allows for the stronger to survive.

    Imagine how many people would be on this planet if diseases were kept in check. We are already seeing the effects of an ever-increasing population on our water, food and resources supplies.

    Regardless of whether you think I'm being a troll what I have said is truthful

    P.S. To see some of the stories you've been missing, check out my journal.

    --
    We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
  50. Re:Priorities by Anonymous Coward · · Score: 0

    Hey, you might want to read a bit about the politics of central and south america as well as the carribean from around 1870 to about 1960. It could be enlightening. Granted that a lot of the tactics and methodologies used then are not employed now, but...

  51. Fair use is too scary to use. by bcrowell · · Score: 1
    Fair use is a great idea, and is worth fighting for. But frankly, in the present legal and political environment, anybody who tries to use it has a hole in his head. If you look at the rules, they're extremely vague. It's virtually impossible to predict whether a particular instance of fair use will be upheld in court. And do you really want to go to court, and fight against the kind of legal team Disney can afford? No, realistically you will cave in to their demands as soon as they send you a nastygram.

    A case in point is Wikipedia. Although there are images on Wikipedia that are there under fair use, it's highly discouraged. A big problem is that Wikipedia wants to be truly free-as-in-speech, and that means it has to be legal to distribute it commercially. For instance, if you look in this article on South Africa, a lot of the photos from the apartheid era are used under a license that doesn't permit commercial use, and that's a big problem; Wikipedia has recently announced a policy of eventually getting rid of all such images. Fair use presents a similar problem: since commercial versus noncommercial use is one of the criteria for fair use, taking advantage of fair use may cause your project to be impossible to use commercially.

    If I was dictator of the U.S., I'd shorten the copyright term to what it used to be for a long time: 28 years, renewable for another 28. That would be a much better balance between public and private interests. (Something like 95% of the stuff that was copyrighted in that era was not renewed.)

  52. Re:Priorities by Spy+der+Mann · · Score: 1

    Conversely, if these countries do not want to buy processed goods from the US, they are free not to.

    Note: Those "processed goods" include gasoline.

  53. Re:Priorities by Mr.+Ghost · · Score: 1

    Besides they don't by American made goods, they buy Chinese made goods.

  54. Re:Priorities by Anonymous Coward · · Score: 0

    I'm fully aware of all of the shit involving united fruit, overthrows of democratic countries, and so on. That is serious, despicable shit, but irrelevant to the topic at hand.

    That is, unless you think that purchasing cocoa from a third world country while maintaining a tariff on processed cocoa is equivalent to overthrowing a government.

  55. No To Government Broadband by fupeg · · Score: 1
    From TFA:
    Most other countries in the developed world have made it a national priority to deploy broadband and they are putting public resources behind the effort. I think we should.
    So this guy wants the gov to rollout broadband. And his justification for this? Because others have done it. Because other countries have more broadband thus. Wah wah wah. Suddenly "keeping up with the Jonses" (or in this case South Korea?) has become a reason to nationalize an industry? What country do we live in? Was this guy alive in the 80's when everybody from England to Russia to China conceded that socialism was a failure and that they had to embrace free markets? Just listen to this guy talk about how he would get the government to back "universal" broadband:
    One of those is to redefine universal service so as to make broadband an eligible subject for universal service support. Where at the moment it just makes telephone service affordable and that's something that it needs to continue to do ... we should add broadband deployment (to that mission).
    So telephone service is his model for this? Has this guy ever heard of VOIP? One of the reasons that VOIP is so much cheaper than traditional telephone lines is because its consumers do not have to pay the huge litany of regulatory fees and taxes. Why are there all these regulatory fees and taxes? So that telephone service can be "universal"... But wait it gets worse:
    And I think where that happens, the local government has a legitimate role to play in providing the services, exactly analogous to what happened 100 years ago with municipal electric utilities. Where the investor-owned utilities didn't want to provide the service, the local government stepped in, and today, 100 years later, we still have municipal electric utilities. And this is a service every bit as essential in this century as electricity was in the early days.
    So he wants to create government backed monopolies for selling broadband services (that's what municipal utility companies are.) I'm sure he would also demand regulation of these monopolies so they don't overcharge people. We don't have to look too far to see what happens in such situations. Just go back a few years to the California energy crisis and the rolling blackouts of 2001. Of course to prevent such a situation, you can regulate the companies providing service to the local municipal broadband comapny -- but then we're back at nationalizing the entire industry.

    I have been card-carrying Democrat since I turned 18, but sometimes I really hate Democrats. If the US is behind in broadband usage, well maybe that's because there are a lot of people in the US who do not need it. When people need it, then they will demand it enough to pay for it. If their dial-up connection is good enough for them, why do we need the government telling them that they are wrong? If somebody wants to move to somewhere very rural, well they are probably getting a lot financial benefits by doing this. No broadband is a potential part of this trade-off. Why is it the gov's job to provide them broadband? Is it also the gov's job to put a Cheesecake Factory or an Apple Store down the street from them too? Should that be a universal right as well?
    1. Re:No To Government Broadband by Dhaos · · Score: 1

      If the US is behind in broadband usage, well maybe that's because there are a lot of people in the US who do not need it. When people need it, then they will demand it enough to pay for it. If their dial-up connection is good enough for them, why do we need the government telling them that they are wrong?

      The government is responsible for creating and maintating infrastructure to fascilitate commerce and ideally make our lives easier. This is why we have highways- I'm sure a good deal of people thought that surface streets were 'good enough for them', and the government told them they were wrong. Once that infrastructure was in place, however, everyone benefitted from it.

      I'll concede to you that this guy may have some crackpot ideas about how to set this all up. But I wouldn't underestimate the value of broadband as a piece of infrastructure in the coming years. The ability to push LARGE amounts of data around, quickly, has the potential to create new services and new jobs.

      And its precisely at the point when Korea and the rest of Asia have some sort of fabulous new economy based on ubuiquitous broadband that you will be kicking yourself in the pants. =)

      --
      It's not what you know, or even who you know- It's how many people recognize your damn .sig
    2. Re:No To Government Broadband by srNeu · · Score: 1

      You make very valid points and I would take this thought one step further and add federal health care to the list of things that the government should stay out of. I live in Tennessee where for the last decade or so, we have been toying with state funded healthcare called "Tenncare". Tenncare has been wrought with
      - fraud- dead people, people from border states, and illegals getting benefits
      - dirty politicians who "consult" with Tenncare contractors for legislation- State Senator John Ford has made a ton of money "consulting" with Tenncare contractors. Incidentally, he was just arrested for taking bribes to push corporate sponsored legislation
      - lawsuits- a local ACLU type firm has made a ton of money suing for additional benefits and are partially responsible for spiraling costs
      - total mis-management of funds- bad prescription drug policies, etc.

      Tenncare has almost bankrupted the state as it has grown to the biggest line item in the state's budget. It has gotten so bad that our Democrat governor is trying to actually reduce the program.

      So your point about why VOIP is cheaper than POTS has special meaning to me as I have seen first hand how a government program with the best intentions has spiraled into a gaping money pit that the tax-payers have to foot the bill for.

    3. Re:No To Government Broadband by NeuroAcid · · Score: 1

      Card carrying democrat? You don't sound like one. Try another party (yes, there are more then 2). I suggest libertarian, but choose for yourself. There is no need to support the two corrupt, entrenched powers that, as I'm sure most of you noticed by now, are really the same party.

      --
      "I don't need drugs to enjoy this, just to enhance it" - Otto
    4. Re:No To Government Broadband by fupeg · · Score: 1
      The government is responsible for creating and maintating infrastructure to fascilitate commerce and ideally make our lives easier.
      Oh really? Could you please point out which article in The Constitution says that.
    5. Re:No To Government Broadband by awfar · · Score: 1

      Yes, and both parties are different sides of the same card: if someone isn't there to reap a taxable profit, the government is there to create a revenue stream from it, to manage it, even if they have to create the industry.

    6. Re:No To Government Broadband by Dhaos · · Score: 1

      U.S. Constitution, Section 8, Clause 1:
      The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States

      U.S. Constitution, Section 8, Clause 3:
      To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

      U.S. Constitution, Section 8, Clause 7:
      To establish Post Offices and post Roads; I think the biggest supporting fact there is clause 7- the establishment of Post Offices and Post Roads. In the 18th century, Post Offices were the de facto means of distance communication. Its not unreasonable to see the Internet as the modern evolution of the Postal system. Incidentally, you seem to be pretty opposed to social services (things implemented for the common good) for someone who considers themselves a democrat...

      --
      It's not what you know, or even who you know- It's how many people recognize your damn .sig
    7. Re:No To Government Broadband by fupeg · · Score: 1

      I don't see anything about "creating and maintating infrastructure" or "fascilitate commerce" or "make our lives easier." You can try to claim Technology X is a modern evolution of this or that, but it's just an attempt to justify something that you or somebody else wants.

      The problem with "things implemented for the common good" is that somebody has to decide what is the common good. I don't know anybody that smart. Maybe the best way to get internet connectivity to rural areas is through municipal broadband. Or maybe broadband is not that way, maybe it's WIMAX. Who knows? Why not let consumers and economics decide? Why let somebody in Washington decide, especially when that somebody is likely to be influenced by contributions by Comcast or somebody else motivated more by their own financial gains than by "common good."

      In case you missed 1992-2000, some Democrats like free markets, too.

  56. Re:A reversal in the Democratic and Republican rol by Rev+Dj+RaZorslave · · Score: 1

    This would not be the first time this has happened, nor I doubt the last. It's a continual cycle throughout U.S. History.

    Rev

    --
    "Of all the systems of religion that ever were invented, there is no more derogatory to the Almighty, more unedifying to
  57. Healthcare is not a luxury. by Anonymous Coward · · Score: 0

    I suppose you propose letting them lie bleeding in the street and then send them a bill to clean up the mess? People get (emergency) healthcare, whether they can pay for it or not. The question then is, how do we determine who carries the costs? The hospital? The church? Government? An HMO? The insurance companies?

    1. Re:Healthcare is not a luxury. by robertjw · · Score: 1

      Healthcare is the ultimate luxury. Yes, I would agree that emergency care and things like childbirth are somewhat expensive and it would be helpful if there was a way to keep the costs down. The thing is, those are not the people that are weighing down the healthcare system. Most of our healthcare dollars go to the elderly. Why? Because as you get older your body deteriorates.

      Are you trying to tell me that extending your life artificially although you've been sitting on your ass every night drinking Ol' Milwuakee, smoking your camels, eating your Canoli and watching TV isn't a luxury? If a person abuses their body for 40 years and has health problems why should I pay for the healthcare to keep them alive?

    2. Re:Healthcare is not a luxury. by Anonymous Coward · · Score: 0

      You sir are an asshole.

    3. Re:Healthcare is not a luxury. by civilizedINTENSITY · · Score: 1

      Maybe because life is sacred?

  58. Re:Priorities by Anonymous Coward · · Score: 0
    Note: Those "processed goods" include gasoline.

    Very true... your point being? Besides, it isn't like the US is the only country in the world with oil refineries. Saudi Arabia has a shitload of them for example; actually I've heard somewhere that they have more than the US does, but I'm not sure.

  59. Re:A reversal in the Democratic and Republican rol by LetterJ · · Score: 4, Interesting

    Given that the Clinton administration brought deficits under control, oversaw a huge increase in GDP, etc. and the current Republican administration has introduced some of the largest military spending increases in US history (new levels are higher than at ANY point during the Cold War),

    "Conservative" as a political label used to mean (among other things), that "the way things are" is good. That meant that conservatives tended to reject radical changes in policy, spending habits, etc. Combined with some of the only tax cuts EVER put forth during a "time of war" (during previous wars, like WWII, the upper tax bracket was increased to 90%, not dropped), the current set of conservatives in power are hard to describe as traditionally conservative. I've even heard some of these conservatives complain that people who are concerned about the current war aren't making the sacrifices needed during a time of war. Maybe if they hadn't exempted the wealthy from sacrifice, those folks would be complaining too.

    Over time, the meaning of conservative has morphed into "morally uptight" and has more to do with a politician's stance on 2-3 social issues than on any sort of fiscal conservation.

  60. oddly enough... by MattW · · Score: 1

    Mark Cuban just commented on Macrovision, and wondered what its purpose was. Obviously the answer is: copy protection, however bad, exists so you can sue people who make things that allow consumers to circumvent it and exercise their fair use rights.

  61. no, he isn't by sum.zero · · Score: 1

    he started with the incorrect premise that fair use exists for items you already hold the copyright to and his argument went downhill from there...

    sum.zero

    1. Re:no, he isn't by squiggleslash · · Score: 1
      That's not what he said though (and I can't see anyone reading this "interpretation" into what he did say unless they're deliberately trying to be an arsehole, which makes me think you skim read it as a slightly different sentence), his sentence was this:
      You do realise that 'Fair Use' rarely if ever extends to sharing copyrighted material that you dont own copyright to?
      By that he means some people seem to think that "sharing", that is the placing on a network of a file to provide it to potentially millions of anonymous strangers, is Fair Use even if you don't own the copyright. It isn't. That's why people are being fined for doing exactly that.

      Fair use is a defense against a claim of infringement, but certain types of infringement are exactly what copyright exists to prevent, not fair use. There are people I read regularly who think that fair use means any kind of copying, as long as it's not for profit, or as long as you can make some tortured argument that it's analoguous to something that might possibly be fair use, kind of. ie the "How is me making a back-up of a CD and letting a friend borrow it any different to me putting it on Kazaa and allowing anyone who also happens to be on Kazaa download it?" argument.

      --
      You are not alone. This is not normal. None of this is normal.
    2. Re:no, he isn't by pomo+monster · · Score: 1

      If you're referring to his first sentence, you misread him. I did too at first. What he's saying is that fair use doesn't let you swap movies and music on the internet, which is true. If you're the copyright holder, of course, you can do whatever you like.

    3. Re:no, he isn't by blincoln · · Score: 1

      There are people I read regularly who think that fair use means any kind of copying, as long as it's not for profit, or as long as you can make some tortured argument that it's analoguous to something that might possibly be fair use, kind of. ie the "How is me making a back-up of a CD and letting a friend borrow it any different to me putting it on Kazaa and allowing anyone who also happens to be on Kazaa download it?" argument.

      I agree with you that most of the justifications are at best extremely shakey from a legal perspective.

      However, a decade or two ago it wasn't really frowned upon to share mix tapes with friends, who would share them with friends, etc. I don't know if it was covered under Fair Use, but the music industry didn't care.

      I think this was because generally this leads to wider exposure for that music, and therefore people going to record stores and buying it. When I was 18 or so, my girlfriend at the time gave me a mix tape that was a copy of one a friend had given her, which was a copy of her friend's friend's tape, etc. It convinced me to buy 5-10 albums.

      I treat P2P as a modern extension of that concept. If someone tells me about a band, I'll download a track or an album by them, and if it's something I like I'll buy the CD.

      I did this just two weeks ago with In Flames. I'd never heard of them before, but some friends of mine were discussing them at a party. I downloaded two of their albums, and liked the music so much I bought the CDs as soon as I could get to the record stores.

      In Flames is a European metal band, so even if I did listen to the crappy pop radio stations around here I wouldn't have heard them.

      I did pretty much the same thing with the new Psyclon Nine release, although I only downloaded one track first, since I'm a big fan of their first CD and just needed confirmation that the new album was good.

      There are other ways I could have taken this music for a test drive, but P2P was easy, and resulted in me buying the CDs faster than any of the alternatives.

      Music is too expensive for me to take chances any more. I've been burned too many times buying things that were supposed to be "awesome" only to find out that I didn't like any of the album, even when it was a band I'd loved the previous releases by. I'm looking at you Funker Vogt/Apoptygma Berzerk/Sunshine Blind/Black Atmosphere/:Wumpscut:/Front Line Assembly/Trent Reznor/Front 242/Switchblade Symphony/Clan of Xymox/X Marks the Pedwalk/Evils Toy/Ministry/Voice Industrie.

      Do I *really* care if previewing music this way is legal or not? No. It's the most efficient way for me to find music that I like to listen to, and will therefore buy. If I couldn't do it, I probably wouldn't buy CDs at all. There is no legitimate, free, convenient way for me to hear new music that I would be interested in.

      I own 700+ CDs. I *am* a musician. I am not an enemy of the music industry, but they seem unable to grasp that concept.

      --
      "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
    4. Re:no, he isn't by Volvogga · · Score: 1

      Exactly!

      Good to know that there are others out there with same mentality. Thanks for that friend!

      I'm having a situation with a band named Tristania (gothic/metal/opera mixture, kinda). I got a copy of the CD 'World of Glass' from a friend after he found it in a used music store, and I loved it. No one in my area sells any of that bands disks, so I'm probably going to order it form the distributor.

      Getting to the point, I have heard good things on the ol' internet about the album from the same band, 'Beyond the Veil'. I'm thinking that as long as I'm paying shiping, why not grab that one to. But, I also have been burned by artists having a bad album (to me) in their diskography. Downloading a few songs would quell my worries (providing they end up being good songs). Going to the band's web site (here if interested, http://www.tristania.com/) yeilds getting small (50 seconds max) pieces of the songs (there is also a video but its kind of large for a 56k user). Not enough for me to make any real judgement. I'd be happy with probably three or so half-tracks. I could go elseware for a few songs, but the music industry has got me scared shitless to even try with their attitude. With my luck, I'd probably be the one in a million guy they catch in the act.

      The music industry may end up losing a sale in this, and as blincon also has noticed this, I'd guess they have probably lost a few thousand.

      --
      Vol~
    5. Re:no, he isn't by squiggleslash · · Score: 1
      However, a decade or two ago it wasn't really frowned upon to share mix tapes with friends, who would share them with friends, etc. I don't know if it was covered under Fair Use, but the music industry didn't care.
      ...but that would be analoguous, today, to someone emailing you an MP3 or something. There are certain major differences between this and the P2P systems its generally compared to: the major one is that the scale of the copying is limited by the fact that the people involved know one-another.
      If someone tells me about a band, I'll download a track or an album by them, and if it's something I like I'll buy the CD.
      I'm sincerely glad you do and have friends who do likewise. Unfortunately I know why the content industry is up in arms about P2P, it's that too many people don't, and while there were quite a few people who'd use "Oh, my friend can burn me a copy of his CD/tape me a copy of his album" as a substitute for buying, the sheer scale of the P2P systems makes the situation entirely incomparable.

      My personal thoughts are that there ought to be a way legitimate (legal or not, at present) P2P uses and the industry that funds the creation of the content that populates P2P systems could meet half way on this. In particular, P2P clients implementing a "permission check" to determine that someone, somewhere, has indicated that they are responsible for file such as an MP3 and are happy to see it redistributed, would be a simple thing to implement in P2P clients if everyone could agree on a protocol and if the music industry would agree to at least put a sizable group of files on that list, perhaps by including something in the protocol so that an end user can easily look up what album, etc, the music is a part of and immediately be directed to a website where they can buy it, or just tip the authors.

      To get to that stage, P2P client authors have to be willing to implement such a thing as the big, evil, terrible, etc, music industry has to be willing to support it. So far as I've seen, there's little willingness to do so. For the most part, every new "innovation" in P2P seems to be about making use more and more decentralized and less and less tracable. I've yet to hear about anyone promoting anything so simple as a tip-jar, let alone a simple "User's client will not upload this file unless someone steps up and makes themselves accountable for its distribution" check which, at the very least, would help end-users prevent themselves from unintentional copyright infringement.

      The current situation though is unsustainable. It's illegal, despite many people thinking that just because it's non-profit it's "fair use", or just because they try to be ethical and use it as nothing more than a "try before you buy" system, somehow most other people do. A bunch of companies have deliberately sold software they know will be used illegally, often apparently deliberately taking advantage of their customer's ignorance (and then blaming the victims when the victim copyright owner sues the only person they can, the (now also a victim) P2P app user. There has to be a better way than this.

      --
      You are not alone. This is not normal. None of this is normal.
    6. Re:no, he isn't by blincoln · · Score: 1

      It's certainly a murky issue for a number of reasons. When P2P software was first introduced, I fully opposed it, for exactly the reasons you've outlined. I *have* met people who exclusively pirate media, and I can see why the media industry is afraid of that behaviour.

      I felt that way for literally years. However, I didn't believe then or now that the solution is a technological one.

      Technology is very good at making things faster, more efficient, and easier. It is *not* (at least, in my experience) good at implementing restrictions. Today's advanced copy protection or encryption is tomorrow's trivial hassle to bypass, and this is especially true of things like digital audio files that many people need to be able to make use of for it to be effective.

      People just need to understand that artists need to be able to make a living, or they'll find another line of work. I think most people already do, or realize it quickly enough when they're reminded.

      There's an industrial record store in my city, and for awhile they were seeing a decline in sales because of P2P, so they stuck little stickers on the discs about how they'd have to close down if it continued, and sales picked back up, because people here wanted a store like that.

      The MPAA's ads *almost* went in the right direction, but I think they should have cut to the point - if films become less profitable, we won't see the kind of big-budget releases that seem to be the most popular.

      My experience is that the people doing most of the pirating are so loud that they seem more numerous than they actually are, as well as being young enough that their limited income means they wouldn't be contributing much to the bottom line anyway. As they grow older, they start buying things, like I did.

      I don't really have a problem with P2P companies either. The videotape industry sold shipfulls of blank tapes, and most of those were used for taping things off of TV (timeshifting is protected, but taping a movie to keep instead of buying it is not). Blank audiotapes were mostly used (at least at my highschool) for copying CDs from the public library, or copying tapes for friends. Yet until DAT, no one called for the hardware and media manufacturers to assume responsibility for those illegal uses.

      I guess my position boils down to "it's not possible to prevent piracy, so it's a waste of time to make its elimination the goal of any media corporation." They should look at why the majority of people do it (usually for reasons that are more or less harmless in the big picture*), and making them understand the consequences of not buying the things they enjoy.

      * e.g. my previous post.

      --
      "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
  62. Re:Priorities by poningru · · Score: 1

    while its true that immigration is used as a scape goat (ex. bush's 'controversial' immigration plan came out in the middle of his problems), it is also not resolved because of another thing; cheap labor, through out the south west the illegal immigrants from mexico provide cheap labor for many companys (some of the big companys even ex. walmart) and IMHO this is another reason why illegal immigrant laws/enforcement problems are not fixed.

    --
    Calm down people, its a religion not an operating system.
  63. Re:Priorities by Widowwolf · · Score: 0, Offtopic

    This should not be modded troll this should be modded insightful..We have mor epressing issues in this country besides fighting over this. One of the reasons the television agencies want fair use pulled is so instead of you taping the seasons of your favorite shows, they can sell it to you and make a hefty profit. How about these officials argue over something really necessary and stop skirting the real issues facing the welfare of this society

    --
    ~~"Of course, that's just my opinion. I could be wrong." ~~Dennis Miller
  64. Distraction tactics by russotto · · Score: 3, Insightful

    Boucher is the free-speech side's token politician. He never actually manages to get anything through committee, and certainly never gets it passed, and he never actually intends to.

    Rather, he's there to maintain the fiction of balance, and the hope of possibility of change for the better through the established political process. By doing so, he siphons off efforts which would be better put towards forcing change through other means, AND provides an excuse for fans of the system to tell those who are violating the laws to just simmer down and work through the political process.

    Remember, he voted for the DMCA.

    1. Re:Distraction tactics by gh · · Score: 1

      Remember, he voted for the DMCA.

      I haven't found any information to confirm this one way or the other. Do you have any information to substantiate this claim?

    2. Re:Distraction tactics by Alsee · · Score: 1

      The official transcript of the DMCRA hearing last year does not appear to be available (the government website says transcripts are supposed to be available after 60-90 days), but here is a Blog semi-transcript. Near the beginning it says:
      Mr. Boucher confesses he voted for the DMCA with the thought that vendors needed the protection, but has found that it interferes with fair use.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  65. They should make it a crime by Anonymous Coward · · Score: 0

    Even if she liked it, they should make it a crime.

    That way if his possession should wander off and have some rough fair use with another guy without his explicit written permission he can have their house raided and get a few hundred thousand in compensation.

    That would teach you thats she is his exclusive property to license however he likes! What were you thinking stealing his property like that, even if it was only for a night.

  66. Re:Priorities by poningru · · Score: 1

    Dude about the population increase, once a country becomes developed and reaches a certain population, the population increase becomes near zero, (ex. germany, US etc.) for example in the US the ratio of birth to deaths leveled off and only fluctuates around by +-2% around 0. So all I am saying is given enough time the diseases will (future) not have much effects on the death rate.

    --
    Calm down people, its a religion not an operating system.
  67. Re:A reversal in the Democratic and Republican rol by Dachannien · · Score: 2, Informative

    The war of intellectual property versus fair use seems to be fairly non-partisan. Of the current federal legislators endorsed by IPac, two are Democrats and three are Republicans. The chief enemies of fair use (Ernest Hollings {retired}, Howard Berman, Orrin Hatch) also come from both sides of the aisle.

  68. Re:Priorities by Widowwolf · · Score: 1

    actually it costs the taxpayers a great deal if you really look at it. We pay for not only the politicians salry, but the judges who make the decisions, the appeals judges who overlook thier decisions, and all the way up the line. What i am saying is that we have other major problems to deal with besides fair use. Look at California with its record deficit. Look at social security, look at welfare, look at illegal aliens. Not saying this isnt a good fight and won that shouldnt be battled, but there is a time and a place for everything...Personally IMHO there are too many bought out politicians for this to ever get solved.

    --
    ~~"Of course, that's just my opinion. I could be wrong." ~~Dennis Miller
  69. Re:Priorities by poningru · · Score: 1

    HA healthcare in many developed countries has been an immense success, when compared to the rest of the developed countries we are the only people who dont provide free healthcare for the poor. P.S an immense success meaning it was able to do what it set out to do without spending as much as the U.S does on healthcare.

    --
    Calm down people, its a religion not an operating system.
  70. DRM? by Anonymous Coward · · Score: 1, Insightful

    Any hope he'll also campaign more against TCPA & other DRM (Digital Restrictions Management)[1]?

    [1] Maybe the industry sees those as "rights" but all I get on my end are restrictions. I suggest that others use that expansion of the acronym, too. I mean, no one can agree on what URL means any more after this (Universal? Uniform? Doesn't matter which one was right; the fact that too few know which is which is enough...)

  71. Re:Boucher is not our hero... who's got the flag? by KDR_11k · · Score: 1

    You'd have to cut a whole lot for the courts to accept that, almost any mention of fair use in law mentions that it applies to partial reproductions. They're not very likely to accept your claim of fair use if you broadcast the entire work with some commentary added to call it "criticism".

    --
    Justice is the sheep getting arrested while an impartial judge declares the vote void.
  72. Re:A reversal in the Democratic and Republican rol by demaria · · Score: 5, Informative

    "I sure as hell dont remember hearing about the republican party being particularly active protecting civil rights of disenfranchised minorities during the sixties"

    Civil Rights Act of 1964:
    House Republicans 138-34
    House Democrats 152-96
    Senate Republicans: 6 against
    Senate Democrats: 21 against

    Voting Rights Act of 1965
    Senate Democrats: 47-17
    Senate Republicans: 30-2

    Civil rights Act of 1968
    Senate Democrats: 42-17
    Senate Republicans: 29-3

  73. Re:Priorities by poningru · · Score: 1

    you my friend please see this post

    --
    Calm down people, its a religion not an operating system.
  74. I still don't understand... by game+kid · · Score: 0, Offtopic

    ...why people get so high strung when people they "love" have sex with someone else. It makes one question what they really *ahem*love about their partner.

    I'd establish a religion* that sets up an "Open Marriage" code or something. It would allow the partners to make "love" to others, provided the act does not deprive the other of life, limb, or liberty; and provided that condoms and the like be used during acts with others.

    *I say religion because I believe states should already allow any pair of legal-age people to join. (I'm not gay or married.)

    --
    You can hold down the "B" button for continuous firing.
  75. Re:Priorities by PriceIke · · Score: 1
    --
    It's not a lie. It's the truth with lossy compression.
  76. Waterboy by robertjw · · Score: 1

    Please tell my this guy is not related to Bobby Boucher

  77. Re:Priorities by geekoid · · Score: 1

    "Healthcare isn't really all that wanted by a lot of people."

    except, you know, parents.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  78. Re:Priorities by pete6677 · · Score: 1

    Actually poor people in the US do receive healthcare, after a bit of a wait of course. This is one reason everyone else pays a lot for their healthcare. In other words, healthcare for the poor in the US is about like the government health systems in many countries. Contrary to rumors, people in the US don't just have to die in the street if they don't have insurance. That being said, the US healthcare system is far from perfect and needs a lot of changes, but the link in the post you replied to speaks volumes about what we should NOT do.

  79. Re:Priorities by Anonymous Coward · · Score: 0

    If you're too stupid to fail to see the advantage of helping the poor not get sick (and not spread disease) then I hope you get sick and die (and not spread disease) the next time the flu roles around.

  80. The same old BS by Anita+Coney · · Score: 2, Insightful

    Rick Boucher seems pretty smart about the issues until the very end, when he repeats the same industry bullshit lie, namely that "the only way that I think we are going to have high-value television programming delivered over the air in digital format is if the motion picture industry has some level of confidence that it's not going to get recorded and uploaded to the internet."

    That is PURE bullshit for one simple reason: Broadcasters ARE currently delivering "high-value" content in HD format "over the air"!!!! You can't say that broadcasters won't do something unless we take action, WHEN THEY ARE FUCKING DOING IT RIGHT NOW!!!

    That bullshit lie is just a ploy to get broadcast flags in place to make sure we have absolutely no fair use rights left.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  81. Re:Priorities by PriceIke · · Score: 1

    It makes no sense to spend money "kick Bush and friends" out of Washington. That's what elections are for.

    Universal healthcare is one of the most demonstrably ridiculous ideas ever dreamed up by the left. The only reason people have to argue for it is that it is a position contrary to the conservative position. This is a stupid reason to argue for something. Either show us where socialized medicine has been shown to work--there are many examples of failure, and none of success--or admit that it does not work and that we are better off keeping the government out of it.

    Telling the record companies where they can stick it costs virtually nothing to the American taxpayer...it only takes a politician with the cojones to do it.

    On this we agree.

    --
    It's not a lie. It's the truth with lossy compression.
  82. Re:A reversal in the Democratic and Republican rol by snullbug · · Score: 2, Insightful

    Throwing your own cup of water into the passing flood hardly counts as "being particularly active". Neither does jumping on a bandwagon whose time has come.

    --
    .......Ya doesn't has to call me Johnson!
  83. Re:Priorities by Fareq · · Score: 3, Informative

    Or 4) he's right.

    Go look it up. The average American who is uninsured makes more than $50,000/year. That is enough to buy perfectly adequate health insurance.

    It is not enough income to drive a 7 series BMW, live in a large house overlooking the ocean, eat out at gourmet restaurants twice a week, send the kids to private school *and* buy health insurance, however.

    You've just got to decide what's important.

    Certainly you don't think I should be paying for the health insurance of those who'd rather drive a more expensive car?

  84. Re:Priorities by Fareq · · Score: 1

    ... and yet as far as I know it is the UNITED STATES that seriously ill people are flown to receive superior life-saving care that is not available elsewhere at any price...

    Let's *not* change that' mmmkay?

  85. Re:Priorities by Kaamoss · · Score: 1

    Very true. I would say two of the biggest problems we have in this country is the exportation of jobs coupled with illegal immagrants here who do cheep labor. Our business should be severly punished for doing so as it's in the nation's best intrest to employ people here even if it costs more and the companies profit a little less. We say we're serrious about keep terrorists out of this country when we can't even keep people from hopping a fence into here, it's insane.

  86. compulsory license? by Anonymous Coward · · Score: 0

    And what's this about:

    The other thing that makes sense is for the industry actually to consider some kind of compulsory license.... If I were the recording industry I'd think seriously about doing that. People are going to be engaged in file sharing anyway: They may as well get some compensation for it. It's not a perfect solution to their problem, but then there isn't one at this point.

    What's he getting at here?

  87. Almost as bad as... by Eric+Damron · · Score: 1

    no health care or health care that is so expensive as not to be an option...

    --
    The race isn't always to the swift... but that's the way to bet!
  88. Re:Priorities by Fareq · · Score: 1

    Then they should, you know, buy insurance. Like I do.

    It's not *that* expensive. It costs quite a bit, but not so much that most people can't afford it. Just that its easier to skip the insurance than to put off that new car every 36000 miles.

  89. Re:Priorities by Anonymous Coward · · Score: 0

    It is relevant. The U.S. has "purchased" goods from other nations in the past by use of force and other coercive measures. They do it today, just not at the end of a gun. Usually.

    p.s. Bit touchy about that whole Panama thing it seems from your reaction.

  90. Re:A reversal in the Democratic and Republican rol by Enry · · Score: 3, Insightful

    Yea, and the Democrats that voted against said bills switched parties. Remember the Dixiecrats?

  91. Re:Priorities by robertjw · · Score: 1

    It's not fair to buy raw material from them and then sell them the processed goods for several times more.

    How is this not fair? This is the way the world has worked forever. Do you think GM or Ford or Toyota should sell you a car for the price of the raw materials? Do you think Dell should sell you a computer for the price of the plastic and the solder? Craftsmen and later manufacturers have ALWAYS been compensated for changing raw materials into something usable.

  92. So you are saying tape sharing is illegal too by SuperKendall · · Score: 1

    So basically, unless its incidental or judicial in some fashion, Fair Use has generally been found to be not applicable to the entire item, only excerpts or quotations, and rarely the whole content. Again, this does not fit sharing your captured material over the Internet.

    If that is correct then loaning a taped show to a friend is alo illegal. Where are the educational campains about this issue?

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  93. I think Rep Boucher understands the issues but... by Eric+Damron · · Score: 2, Interesting

    Why don't you put your entire inventory up on the web and make it available in a user-friendly format for a reasonable price per track and get away from clinging to this old, outdated business model of selling the whole CD?"

    Well I can see a couple of problems. First the music industry currently sells the entire CD as if each song had value. Unfortunately most albums have a couple of good songs bundled with crap. Twenty songs for fifteen bucks sounds reasonable but fifteen bucks for two songs doesn't. Never mind that eighteen of the songs are unwanted.

    Allowing people to pay only for the content that they really wanted would only be possible, from a corporate point of view, if the content industry could be sure that a few legitimately purchased copies would not be given away to the masses thus reducing their profit. This might be possible with the use of DRM. However DRM, if unchecked, could completely destroy fair use. If a corporation can eek out even a little profit by denying consumers their fair use rights they will. It's in the corporate nature to do whatever increases their profit margins.

    "Do I have sympathy for them? Not when they're clinging to a relic and when that's getting in the way of making good current business decisions.... They can make a fortune if they do that."

    I'm not sure which "good current business decisions" Rep. Boucher is talking about. I would like to think that making their content available at a reasonable price would be wildly profitable for the music industry while giving consumer's value for their dollars. The model is, however, largely untested and counter intuitive. Remember that corporations want profit. The more the better. If they can sell their product while grossly over pricing that product all the better. In a normal market supply, demand and competition keeps prices bearable for the consumers. It is only when the economic environment can be controlled that corporations can get away with grossly inflated pricing. Many times this can occur if a corporation can obtain some kind of monopoly, mostly through the use of copyrights, patents or laws tailored for this purpose.

    The business model that I think Rep. Boucher is talking about would threaten the monopoly that the recording industry has on distribution and is therefore a very scary model for them, I'm sure.

    At the end of the article Rep. Boucher seemed to be talking about cutting a deal with the MPAA. He suggests that he may support the broadcast flag if they support the Media Consumers' Rights Act.

    "The circuit court for D.C. has invalidated broadcast flag rulemaking, saying that the FCC lacked statutory authority (to create the broadcast flag). Not surprisingly, the MPAA has now come to us and said, "We want you to legislate."

    I don't think we are going to do that. I have been waiting for a long time for Hollywood to come to us and say, "Here's something we want" because there is something I want. And it's called the Digital Media Consumers' Rights Act."

    I haven't read the Digital Media Consumers' Act but I'm smart enough to know that many times the name can be deceiving. For example the "Patriot Act" which is anything but patriotic if one would take the time to actually read it. I also know that legislation that start out good can be perverted at the last minute by congressmen who are not acting in the public best interest.
    Call me a radical but I think we should legalize the killing of lawmakers who act against the public interest. Not random killing, of course. What we should do is have a vote every five years or so for the politician that has done the public the most harm and then take that person out into a public square and hang him/her by the neck until dead. Just a thought.

    --
    The race isn't always to the swift... but that's the way to bet!
  94. Re:Priorities by jdbo · · Score: 1

    P.S. It's possible to have UHC systems in which individuals may purchase additional care for themselves - i.e. UHC as a baseline for health care, and those who want more can get more.

    Sure, there are UHC systems that prohibit that sort of thing, but there are also systems where it's allowed, so no pretending that's not an option.

  95. Defending Fair Use by Nom+du+Keyboard · · Score: 2, Insightful
    To defend Fair Use, you have to defend concept of the Public Domain.

    To defend the concept of the Public Domain, you have to be against insane copyright extensions.

    To be against insane copyright extensions you have to not take money and favors from those seeking to kill the Public Domain through insane copyright extensions.

    What did you say your job was again, Sir?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  96. MOD UP by SuperKendall · · Score: 1

    the only one who makes sense admid the partisan bickering. The desire to take away rights from the populace knows no political party.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  97. a few words about this kind of issue by Anonymous Coward · · Score: 1, Interesting

    That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

    55 good men signed
    IN CONGRESS, July 4, 1776.

    The unanimous Declaration of the thirteen united States of America,

  98. Re:A reversal in the Democratic and Republican rol by NeuroAcid · · Score: 1
    I liked almost everything this guy had to say, and to me he didn't sound like a republican or a democrat because he actually sounded like he cared about people, not companies. He did sound too socialist though when he started talking about broadband for everyone through regulation and policies.

    He cited the phone system, but the government severly messed that one up in the past, I doubt they could do a good job now. That and, I'm sorry to say, if you live in the middle of nowhere, you will have to deal with wanting to live by yourself without certain comforts us people who don't support urban sprawl get, like broadband. The last thing I want is to have to pay for a wire to run to the top of a mountain so Joe Redneck gets his porn faster. And think of this, if the government forced cable companies to wire everyone everywhere, satelite TV would not be around today. That entire technology tree would not have even been researched.

    --
    "I don't need drugs to enjoy this, just to enhance it" - Otto
  99. How you arrive at Troll by SuperKendall · · Score: 0, Offtopic

    I like to use this simple formula when moderating:

    Offtopic + Flamebait = Troll

    Universal Healthcare has nothing to do with the story, and to boot is a contensious topic. So your "think of the children!" post did nothing to add insight to the actual topic under discussion, and as you can see ignited a firestorm of disgruntlement. Thus your modding is well-deserved.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  100. D'ya hear about the new movie? by tolkienfan · · Score: 1

    It's called "Good Money After Bad"

  101. Re:Priorities by Anonymous Coward · · Score: 0
    It is relevant. The U.S. has "purchased" goods from other nations in the past by use of force and other coercive measures. They do it today, just not at the end of a gun. Usually.

    You cannot draw a moral equivalence between overthrowing a dictatorship, supplying various groups with arms, with tariff games, debts and foreign aid withholdings. People attempt to cloud the issue, by invoking the real atrocities of the past and using them to imply that if you deprive a country of financial aid and/or debt relief, that is equivalent to the US overthrowing Guatemala in 1951. To go and try to argue that these are equivalent is to minimize the real atrocities.

  102. Re:Priorities by Widowwolf · · Score: 1

    i only have one thing to say..Canada..socialized medicine there for how long and 9 out of my 10 canuck friends agree its great. Hell even people from the us are going to doctors there rather then here

    --
    ~~"Of course, that's just my opinion. I could be wrong." ~~Dennis Miller
  103. without hesitation! by Xtifr · · Score: 1

    The broadcast flag - that has something to do with television programs, yes? Am I supposed to give a rats ass about television programs? Anyway, as someone else pointed out, the broadcast flag would only be effective with the backing of the DMCA. Otherwise, it's as stupid and useless as the rot13 "encryption" used by Adobe e-books. (Whoops, I think I just broke the DMCA with that last sentence.)

  104. Re:Priorities by Anonymous Coward · · Score: 0

    They'd have to pay too.

    It is a bit unfair in that idiots who do extreme "sports" or are smack addicts tend to cost the taxpayers a little more per person*. But I'm comfortable trading that for the freedom to do idiotic things and still get healthcare, a freedom is a freedom even if you don't exercise it.

    *Actually, it might be less since caring for old people is pretty expensive and idiots often die young. Don't have the figures...

  105. Re:A reversal in the Democratic and Republican rol by orgelspieler · · Score: 2, Insightful

    I don't think that's a fair statement to make, though I sorta wish it were true. It implies that "traditional" Democrats don't/didn't fight for individual's rights. I think that most political parties have had their shining moments and great leaders. They also have their turkeys, who think that protecting rights involves things like PATRIOT act and arresting people for taking pictures of bridges. I'm just glad that *any* politician has the guts to stand up for what he believes is right. I wish there were more of them.

  106. Steamboat Willie by l2718 · · Score: 1

    Nice to see he thinks the right way, but Mr. Boucher should check his facts. Steamboat Willie was created by Disney. The character was later renamed Mickey Mouse, but it is certainly their original creation.

    For a far better example, compare Robert Louis Stevenson's Treasure Island and Disney's Treasure Planet.

    1. Re:Steamboat Willie by Anonymous Coward · · Score: 0

      The Wikipedia article says Steamboat Willie was a parody of a Bustor Keaton film. Maybe Boucher was referring to that.

  107. Re:I think Rep Boucher understands the issues but. by sconeu · · Score: 1

    For example the "Patriot Act" which is anything but patriotic

    Actually "PAT RIOT ACT" is an acronym, the real meaning of which escapes me.

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  108. NO, social programs != civil rights by megalomang · · Score: 1

    That is the most flawed reasoning. Individual rights (i.e. civil rights, personal liberty, etc) is so very different from handouts, social programs, and inclusive "otherwise fall through cracks" crap.

    Most libertarians associate with the republican party as the lesser of the two evils of the major parties. One notable exception is in the abortion scene. IMHO, the dems jump on this issue mostly b/c they consider it an achilles heel of the religious right in terms of popular support.

    And fair use generally falls more in the civil rights camp than in the handout camp, or as the previous poster put, in the robin hood camp.

    But, as you say, the corporate and PAC dollar is far more interesting to the politician than is the average citizen, so by any measure, a politician who cares about fair use is a rarity.

  109. Re:Boucher is not our hero... who's got the flag? by WillAffleckUW · · Score: 1

    You'd have to cut a whole lot for the courts to accept that, almost any mention of fair use in law mentions that it applies to partial reproductions. They're not very likely to accept your claim of fair use if you broadcast the entire work with some commentary added to call it "criticism".

    Well, if the whole thing is deeply flawed, it's a lot like Mystery Science Theater 3000, in that you're criticizing the whole thing.

    Kind of like a director's cut where he whines about having to cut the shoot by two days because there was too much rain.

    But I could see doing that, even if you might not want to do it. As I said, I have friends who make entire TV shows mocking what passes for news nowadays, with fake "broadcasters" announcing each segment and laughable commentary that is thinly vieled sarcasm.

    --
    -- Tigger warning: This post may contain tiggers! --
  110. We need to tell him, "thanks! now go to hell" by argoff · · Score: 1

    I think at this point it is way too late for such token consessions that will only serve to distract us while our freedoms are taken away. At this point the copyright/DMCA/DRM issue is nothing other than an all or nothing battle. Renember those fools at the birth of the industrial revolution that thought that the free states could peacfully get along with the slave states? Well that's what the people who want to cling to copyrights are like today. They just don't get it. Copyrights are going to die, there supposed to die, and there is no place for them in the information age or the people who wish to impose them.

  111. Re:I think Rep Boucher understands the issues but. by StikyPad · · Score: 1

    Well I can see a couple of problems. First the music industry currently sells the entire CD as if each song had value. Unfortunately most albums have a couple of good songs bundled with crap. Twenty songs for fifteen bucks sounds reasonable but fifteen bucks for two songs doesn't. Never mind that eighteen of the songs are unwanted.

    Your argument might have been relevant, say, 3 years ago when iTunes et al didn't exist, but it's a moot point now. The Congressman was describing what happened in the past, when the RIAA was trying to preserve their outdated business model. Since then they've started selling online, and now it's the MPAA who's going nuts.

    It is only when the economic environment can be controlled that corporations can get away with grossly inflated pricing. Many times this can occur if a corporation can obtain some kind of monopoly, mostly through the use of copyrights, patents or laws tailored for this purpose.

    Valid point. It would be interesting to come up with a way to separate the production companies from the distribution companies (which already happens to some small extent). Production companies could then sell license their work for distribution through companies for whatever cost, and Internet Distribution Company A could license and distribute it, and Brick & Mortar Distribution Company B could do the same thing. This would promote real competition. The problems I see are:

    a) Sometimes it's hard for production companies to convince anyone to distribute their work, no matter how good it is (Firefly springs to mind)

    b) Some distributors would try to force exclusive deals (although that still might not be a bad thing.. think XM vs. Sirius). Perhaps exclusivity could be legally limited to a particular format though, so company A can have exclusive theater rights, company B can have exclusive DVD rights, but couldn't exclude company C from distributing it on PPV or company D from making it available via download. Although that might result in DVDs becoming unprofitable altogether, but I doubt it. Many people don't have the capability or inclination to download all of their media.

    c) It could limit the ability of small startups to distribute their own works... but not necessarily. I'd be surprised if sites didn't pop up to distribute independent works with royalty-based compensation. It could actually increase ease of distribution, since people would have a single point to find a wide variety of independent works. A built-in popularity and rating system ala download.com would be pretty easy to implement.

    At the end of the article Rep. Boucher seemed to be talking about cutting a deal with the MPAA. He suggests that he may support the broadcast flag if they support the Media Consumers' Rights Act.

    Yeah, that bothered me too.. But I think what he's trying to imply, without saying it straight out, is that yes, the download flag would be in place, but the tradeoff it wouldn't be illegal to manufacture devices which were capable of defeating it, effectively nullifying it. Even if he didn't think of it, his bill would seem to support that idea.

    For example the "Patriot Act" which is anything but patriotic if one would take the time to actually read it.

    Careful.. It's a violation of the Patriot Act to call it unpatriotic. Or was it a violation of the DMCA to tell how to violate the DMCA? Either way, you sound like a commie to me. I mean terrorist. Whatever the thing is we're all supposed to be afraid of these days; I can't keep track.

  112. Re:A reversal in the Democratic and Republican rol by bullitB · · Score: 1

    Remember them...yes. I remember how they disbanded after 1948 thus were not relevant to the 1960s civil rights actions.

  113. Why I voted against Boucher by Rabid+Cougar · · Score: 1

    I have a perspective most Slashdotters will never have, as I grew up in the county where Mr. Boucher's office is located. While he talks a great talk in favor of fair use rights, and thus makes all of us feel warm and fuzzy, you don't know the rest of the story. You don't know that the man with the silver tongue is only effective when it comes to doing just what it takes to get himself re-elected.

    Virginia's "Fighting Ninth" district is composed of mainly tobacco farmers, coal miners, and blue collar workers. The public school systems there are for the most part, woefully inadequate. Every two years he strings along his constituants with ads of elderly people who endorse him because "When my Social Security claim was denied, I turned to Rick Boucher. He fought for my rights and got me my Social Security. He truly cares about all of us." Tobacco farmers proclaim what a great guy he is because he "fights" for them too.

    Oddly enough, the local economy keeps getting worse and worse. People are losing their jobs, and there's nothing to keep the area's best and brightest students around when they get back from college. He votes the way he needs to to make his less-perceiving constituants think he cares about them by trying to preserve an economic base that is doomed to ultimately collapse, while doing nothing to move the region into the 21st century. I mean, heck, the area is at least 10 years behind the rest of the country in so many areas it's not funny. While trying to preserve tobacco farming and coal mining as the region's major economic base is unsustainable, it gets votes.

    Oddly enough, most of the people in southwest VA are very religious, ultra-conservative Christians, who would be shocked at the way Mr. Boucher votes on the so-called "moral issues". But it's amazing what a person desperate not to lose his/her job in an area where finding another one is nearly impossible without any kind of skills or education will overlook if he/she foolishly thinks that voting for Mr. Boucher will mean 2 more years of employment. And when you can't read, or else don't read very well, it's far too easy to fall for the crafty lies of such a gifted speaker. Trust me, this man is the epitome of a slick politician. When you consider that (assuming others are correct) he voted for the DMCA, and given that he indicated that he has something the RIAA/MPAA want and they have something he wants, I'm willing to bet that all this talk is just a bargaining chip to get what he really wants--broadband for southwest VA. Most of his constituants probably don't even have computers, much less even $20/month to spend on broadband, but if he can get that for the voters, it will assure yet another term. Did anyone notice how he indicated that broadband is as essential to survival as electricity? (It's not) No, mark my words, this is all about deceiving the less-educated voter base into thinking he really cares about making their lives better, while ignoring the underlying causes of the region's economic woes. I am positive that his position will change as soon as it gets him what he really wants--2 more years in Washington. Just wait and see.

    --
    This isn't the sig you're looking for...
  114. Re:Priorities by woodlander · · Score: 0

    If your point is that $50k /yr is enough, YOU make want to 'go look it up'. I live in California. I can think of no major city here in which $50k/yr is enough to live, much less cover health insurance for a family. It IS a matter of priorities, but I know of no individual who has made the choice to drive a fancy car in lieu of health care insurance. You experience may be different.

  115. A new way to fight back by earthforce_1 · · Score: 1

    What we need is some sort of "Fair Use" or "User Friendly" certification that can be applied to any piece of consumer electronics, when can then be posted on product review websites. Only products which are DRM free could carry the certification label and/or sticker. This will both raise public awareness, and for those in the know, steer them towards products that work. It will also provide sales and grass roots marketing to companies that refuse to knuckle under to the content cartels.

    --
    My rights don't need management.
  116. ROFFLE! by Anonymous Coward · · Score: 0

    He has the same last name as a character in a shitty comedy!

    You, sir, are the funniest person ever for pointing this out.

  117. Excellent! Correct moderation. by SuperKendall · · Score: 1

    See, now that was an example of perfect moderation as I was indeed offtopic. I had self-modded myself down one already, but one more is no matter.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  118. my bad by sum.zero · · Score: 1

    i did misread that first line...

    sum.zero

  119. RIAA, MPAA: eat your hearts out. by coolGuyZak · · Score: 1
    Yes, I would.

    I used to be into the whole filesharing gig. Even managed to pick up a few movies before release, got most of my music collection from it, and had more than a few e-books. (I am in the process of replacing it all, btw. Slowly but surely, it's leaving.)

    Why? I get guarenteed fair use, if they get their broadcast flag. In other words, we are giving them the ability to enact the DMCA on television signals, and open technology isn't prohibited from decrypting the signal. So, I can finally legally use an open-source mplayer/xine codec to watch my DVDs.

    Same goes for the broadcast flag. I can still watch TV, and even record the show on my home-brew TiVo. The TiVo would be able to strip the signal, and I get my cool copy. What do I have to trade? Not much: I'm not distributing it on the internet anyway.

    And, because I am on a roll: Practical reasons not to fileshare (illegally):
    1) Most stuff on P2P networks is crap. Have you ever compared a DivX rip to DVD/vob? DivX gets it's ass kicked.
    2) Most Mp3's available are crap. They are either incorrectly tagged, or have shitty bitrates. I am still tracking down faulty mp3s from the downloading I stopped 4 years ago.
    3) Spyware. Hopefully you saw the earlier article about that.
    4) If you get caught, you're fucked.

    Now, you may use the excuse that you fileshare as a form of civil disobedience. The idea of you shafting them back is rather noble, in a twisted sense. Unfortunately, P2P networks are somewhat prohibited from performing civil disobedience, specifically because they anonymise their users (to an extent). In order for action to qualify as civil disobedience, not only does it need to occur, but the users need to do it in a completely open manner. (Then, watch as the RIAA tries to sue over a million Americans for $20,000+). Read up on your Thoreau -- you'll see.

    Note: I do believe IP law is too powerful in this country. However, I'd rather attempt to abolish it from within the system, than ignore it from without. And, to those ends, any step towards users having more rights is well worth the cost--particualrly for something as trivial as the broadcast flag.

    I've ranted long enough. Hope I have you peeps something to think about.

  120. Fairuseday by ezelkow1 · · Score: 1

    A group of us is trying to spread the word on fairuse rights and set up a day to celebrate these rights on July 11th. More info at http://www.fairuseday.com/ . We also maintain a chat on freenode at #fairuseday if you care to come and join us. The best way is just through word of mouth though. Contact local represenatives and such and celebrate in your own way.

  121. Re:A reversal in the Democratic and Republican rol by Anonymous Coward · · Score: 0

    Good point, but. . . How many of those (I betcha mostly Southern) Democrats (or the seats they occupied) have become Republican since then?

  122. Re:I think Rep Boucher understands the issues but. by Alsee · · Score: 2, Interesting

    I haven't read the Digital Media Consumers' Act but I'm smart enough to know that many times the name can be deceiving.

    In this case it isn't. I've read it. It says three things:

    (1) You no longer go to prison for defeating DRM (unless you actually commit copyright infringement).

    (2) You no longer go to prison for offering a product to defeat DRM that enables the above noninfringing uses.

    (3) DRM crippled CDs must be labeled.

    Rep. Boucher seemed to be talking about cutting a deal with the MPAA. He suggests that he may support the broadcast flag if they support the Media Consumers' Rights Act.

    I agree, I was not thrilled with that notion myself. However note that with the DMCRA it would be perfectly legal for people to sell products to strip the flag and it would be perfectly legal to use those products so long as you don't actually infringe.

    So the MPAA would 'get' it's broadcast flag, but it would be pretty well worthless.

    -

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

    Methinks that $50k/yr is family income. Big difference between you living on 50k by yourself, and a family of 4 trying to live on 50k.

  124. Re:Priorities by civilizedINTENSITY · · Score: 1

    It is to the USofA that rich, seriously ill people are flown to, yes. It is Mexico and Canada that middleclass Americans drive to, because they can't afford their own country's healthcare.

  125. Re:Priorities by civilizedINTENSITY · · Score: 1

    I can assure you that my grandparents that grew up without healthcare ended up far healthier than my grandparents with it.

    This seems contradicted by longevity studies that trace the increased longevity directly to increases advances in healthcare.

    With our increasing infant mortality here in the USA, it raises the question of exactly what you mean by "that grew up". But that doesn't take into account cardiac care. Unless you mean that, in the end, your grandparents without healthcare who died at 68 where healthier the last couple years (before heart failure), than those who lived to 80 (and died of cancer).

  126. Why I voted for Boucher by DarkBlack · · Score: 1

    I also have a perspective on the subject because I grew up here and I live and work here now. You are correct that tobacco and coal are primary industries here and are failing, that much is true. However, if you look closely at what he's doing, he is trying to help attract high tech industries to the area by showing that we have and are continuing to get better technology all the time. This has been something that he's been working on for quite some time. If you lived in the area, you might know that if you were paying attention. You would also know that many do return to the area after college seeking work here.

    While not all localities in his district do have access to broadband, many do. What he wants is high speed connections in locations that do not have them so that there will be new industries already in place when the failing ones finally go. So you fault him for trying to help the region grow by attracting high technology to the area and "move the region into the 21st century"? He's already been successful in procuring money for high technology and attracting companies to Southwest Virginia.

    Most of his constituants probably don't even have computers, much less even $20/month to spend on broadband

    I also live in the county in which his office is located and while not everyone does have a computer let alone broadband, many do. Yes, even grandmothers and not necessarily just in Washington County.

    Oddly enough, most of the people in southwest VA are very religious, ultra-conservative Christians, who would be shocked at the way Mr. Boucher votes on the so-called "moral issues". But it's amazing what a person desperate not to lose his/her job in an area where finding another one is nearly impossible without any kind of skills or education will overlook if he/she foolishly thinks that voting for Mr. Boucher will mean 2 more years of employment. And when you can't read, or else don't read very well, it's far too easy to fall for the crafty lies of such a gifted speaker.

    Sir, I think you will find natives from here and people moving to the area are not these uneducated people that you seem to think they are. I'll address your employment issues in a moment, but your argument is very weak as you present the majority of people in this region in a very bad light. One that I might add has been cast on it for a long time and quite frankly is time for it to go. As for the "moral issues" The mud slinging toward Mr. Boucher got quite heavy in the last election, but the people know that he does work hard for the region and gets results. Even the ultra conservative people of the area know a hard worker when they see one.

    Now for your unemployment statements. Looking at the counties that are part of his district, very few of them have unemployment above the national average, with several below that. While this can definitely use improvement, in some cases over the last year in this district, the unemployment percentage went down -- way down from what they were. In some counties, it went up. While unemployment is a big issue, to say that the man does nothing to try and help the region grow is quite uncalled for, and it is the same tired argument. This argument typically comes from those that do not pay attention to what is going on around them. If you would like to understand what he's been doing for the region, why not take a look.

    The fact is, all over the state, unemployment has risen in many counties over the last year. It is not related to just this district. You should take a look at state wide unemployment for the last 4 quarters, take a look here. You can see that it is not just in the 22 counties that he represents.

    As for originally voting for the DMCA, you can see

  127. FYI by Anonymous Coward · · Score: 0
    When you use the "<blockquote>" tag, you don't need to put blank lines before or after it. For example, "abc<blockquote>def</blockquote>ghi" (without any blank lines, or even spaces, before or after the tags) produces:
    abc
    def
    ghi
    Adding blank lines before an after the "<blockquote>" tag caused the extra annoying vertical space in your post.
  128. Re:Priorities by VAXcat · · Score: 1

    If you can't afford a family, you shouldn't have children.

    --
    There is no God, and Dirac is his prophet.
  129. Re:A reversal in the Democratic and Republican rol by iminplaya · · Score: 1

    I think we have seen a reversal in the roles of the Democratic and Republican parties within the United States.

    What you have seen is the merger of the Democratic and Republican parties. It happened a loooong time ago. In fact they never were really seperate. And neither could give a damn about your rights!

    --
    Hey, Rocky, watch me pull a rabbit out of my hat.

    --
    What?
  130. What I don't understand... by cr0sh · · Score: 1
    Is why they are going over and over again about this "broadcast over the air" and "not letting it get on the internet" bullshit...?

    Any idiot with two braincells to rub together can obviously see that broadcast is not where it is at, nor is cable. These two methods are simply the delivery mechanism.

    In the future (and some would say, to a limited extent - TODAY), entertainment programming will be delivered primarily (likely entirely) via the internet. Look at how successful internet radio systems have been - can anyone truely say that internet video won't be as successful?

    Now, true - mbone notwithstanding - you likely won't see a one to many streaming model like internet radio stations use. The bandwidth just isn't there to allow for that on a broad scale, with the exception, perhaps for the main players (ie, like ABC, NBC, CBS, etc). Actually - WTH am I saying...

    The bandwidth is there - in a way: Do you have digital cable? That set top box is actually a computer that decodes MPEG streams. Yep, that same cable that gives you a paltry broadband upload and download is the same cable delivering untold amounts of bandwidth just for TV decoding. With a box on the backend to back it up for numerous customers, and all the frontends being the set top boxes.

    The cable companies are hoarding this bandwidth - because they know that if it were allowed to be used for unfettered internet usage (like, if they were ever forced to open up the cable lines to other ISPs) - that internet TV would kill them.

    It would be, could be - a P2P TV model, TIVO-like boxes everywhere, everyone a consumer, and everyone a potential broadcaster. Vlogs (what a crap word) are already becoming popular, and there are a few pieces of software which have recently come about that combine the power of bittorrent, RSS feeds, and to a lesser extent - TIVO-like functionality - to allow for a many-to-many P2P video sharing entertainment system.

    It is crazy - cable companies could quite possibly continue making money (a ton of money) if they just wouldn't be so tight fisted about it. The writing is plainly on the wall - people don't want all these separate devices - they want devices that talk to each other, in a very easy to use manner - they want to keep the video, share it, some want to create it, others just want to view it. They want to time shift it, space shift it, and location shift it.

    These companies, the MPAA, the RIAA, the cable companies, the broadcasters, and tons others - DO NOT WANT THIS TO HAPPEN. But it is happenning anyway. They kept talking about convergence, but really didn't want to see it happen, and played it off that consumers weren't wanting it. The fact is, that consumers don't want it in the form they are pushing - which is the bare minimum. Give it to the consumer, to the people - in an open and free form, that creative types and innovative types can really use - and WATCH OUT...

    --
    Reason is the Path to God - Anon
    1. Re:What I don't understand... by Anita+Coney · · Score: 1

      Great post. Well put!

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
  131. Re:A reversal in the Democratic and Republican rol by Foobar+of+Borg · · Score: 1

    Southern Democrats were still referred to as "Dixiecrats" even though the party was not around anymore. The person who ran for president in 1948 on the Dixiecrat ticket was Strom Thurmond. Perhaps you remember him and which party he joined later?

  132. Re:Priorities by mink · · Score: 1

    "In the states about 20% of the population is covered, by the largest overhead among any other countries (although we have been told that private companies are the most efficient) and 80% of personal bankruptcies in the US happen after receiving a large medical bill."

    And here is why:
    Hospitals give some kind of crazy ass discount to HMO insurance plans, but a regular non insured person gets their life fucked over by the same supposed caring professionals.

    Gall Bladder removal for one person comes in at about thirteen thousand dollars (if you don't have it done a gallstone will kill you EOL). If you have HMO coverage, you pay whatever it took to get in the door (copy for emergency room for instance) and the insurance pays about three grand over that for the procedure.

    Now remember how I said it was a thirteen thousand dollar operation? Where did the nearly ten thousand dollars go that is still owed to them? A line item on the invoice reads: insurance company discount 10,000.00

    This is unacceptably fucked up beyond all belief.
    IF I didn't have insurance I would magically cost ten thousand dollars more to treat?

    That s the screwing and injustice of our world. The poor cant afford health care because the people who can afford health care are the ones getting insane discounts.

    How can these so called doctors and health care professionals do this with any soul? Is chaotic evil the new American way?

    I can only guess the next step will be to stop servicing the uninsured at all because it costs too much, maybe make the bill for above operation 10000000 dollars with a 9999999 discount for having insurance coverage.

    Sorry for the rant but this just pisses me off to no end, because if for some reason I end up not being able to continue affording health coverage, I don't want to choose between food and medical bills.

    --
    Well I've wrestled with reality for thirty five years doctor, and I'm happy to say I finally won out over it.