Stiffer Penalties for Copyright Violations

smallfries writes "US Attorney General Alberto Gonzales has proposed much harsher punishments for copyright violations, including jail time. The Intellectual Property Protection Act [PDF Warning] doesn't appear to change the fundamentals of US copyright law but does allow more leeway for the police when investigating suspected crimes, and harsher punishments for those convicted. A response with a link to one site's look at the bill is up on Linux Electrons. Now that attempting the crime has such severe consequences, who will be the first to go to jail for running a p2p client?"

Comments

It seems to me ...

[Daniel Dvorkin]

... as a matter of principle, that any time the government wishes to criminalize what was previously a civil offense, it should have to demonstrate an overriding interest in doing so. I mean, this goes way beyond IP law. Basically what they're saying is, "Anything you can get sued for, we can also put you in jail for." They're erasing the line between civil and criminal law. Where the hell does this end?

Spyware Sony seems to breach copyright

[anandpur]

The spyware that Sony installs on the computers of music fans does not even seem to be correct in terms of copyright law.
It turns out that the rootkit contains pieces of code that are identical to LAME, an open source mp3-encoder, and thereby breach the license

http://dewinter.com/modules.php?name=News&file=art icle&sid=215.

Sony rootkit violating GPL?, Seems to include parts of LAME?
http://www.hydrogenaudio.org/forums/index.php?show topic=38700

Re:Loaded Gun

[Reziac]

I had exactly the same thought as the parent post -- the day is fast arriving when even possessing non-redistributable content is too risky.

I can see this being extended to a form of unreasonable search and seizure: Wandering the net, you find yourself on a filesharing site. You nose around a bit, then leave without downloading anything. A week later, the copyright nazis arrive at your door (armed with a warrant) and inform you that since your IP address was seen on a P2P site, you are automatically a suspect. They arrest you, confiscate your computer, and march the lot off to detention. Now it's up to you to prove your innocence.

But... you've got a few ripped MP3s on your computer, from a CD you legally "own" (well, that you licensed from the record label) which in itself goes to show intent to distribute, as does possession of the tools to rip said MP3s.

Now you're in REAL shit.

Oh, and if you're a resident of a country where the DRM laws prohibit even discussing circumvention (frex, Finland if a current bill passes) you can't complain to anyone about this treatment, not even your lawyer.

Yeah, right now this scenario seems an hallucination induced by a too-snug tinfoil hat. But it's certainly the direction things are headed.

And given all that, out of sheer self-preservation it would behoove folk to buy ONLY those materials produced by bands and studios that specifically ALLOW free redistribution of ripped copies. (Or cloned copies if the artist so allows.)

Note that I specified "ripped copies" and "free redistribution", NOT unauthorized hardcopies (ie. counterfeits intended for sale without payment to the artist), and NOT pay-to-download without paying the artists (PTD with micropayments to the artist should naturally be encouraged). Those activities should indeed be prosecuted, as they would be for any other counterfeit goods.