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?"
I use BitTorrent so I KNOW I'm safe...
. . . the Attorney General has time for the arduous task of protecting the intellectual "property" of their corporate masters^W^W citizens.
... 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?
The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
I am against illegal P2P, and I think that downloading songs is wrong, but why is it considered such a terrible crime. Lighten the penalties, and maybe people will buy from you!
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To jump ship? Someone tell me when.
who will be the first to go to jail for running a p2p client?
I hope it will be US Attorney General Alberto Gonzales's daughter. THAT would be real fun.
Welcome, darknets!
You are under arrest for the copyslaughter of [insert artist name/software title here].
MTSBWY
I think copywrite laws are terrible, the only thing the do is punish teenagers who use the computer to get free songs. The artists who write them already have more money than they know what to do with.
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It seems all the important crimes have been stamped out.
Embezzlement of countless billions : 5 years
Stealing a slice of Pizza : life
Murder : life or death penalty
Copyright infringement : Life , then the death penalty , then your family are sold into slavery
The only things certain in war are Propaganda and Death. You can never be sure which is which though
And in tomorrow's news...
President Bush is pleased to introduce the Protect Democracy Act which would ensure the death penalty and forfeiture of all assets for singing a song written in the past 500 years without written permission from the copyright holder.
The nation's test case is already in the pipeline, with an entire boy scout troop under indictment for singing The Star Spangled Banner before playing a game of wiffle ball.
It is hoped that these new regulations make the world safe, in our continuing war on terror.
What are you eating? isItVeg?.
The spyware that Sony installs on the computers of music fans does not even seem to be correct in terms of copyright law.
t icle&sid=215.
w topic=38700
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=ar
Sony rootkit violating GPL?, Seems to include parts of LAME?
http://www.hydrogenaudio.org/forums/index.php?sho
Attention all folks who are against copyright protection! There is something I would like you to do.
Please write a book that will become wildly popular. Then publish that book and waive all copyright protections. It might take a year to write that book with no income coming in but that would be a small price to pay to make your point.
You see friends, we already live in a world where copyright is a matter of choice. You don't have to participate in the universe of copyright protection. As a consumer you don't have to consume copyrighted works. As a publisher you are free today to publish something and waive copyright protection.
Well I guess this is part of the quest for cheap labor. Pretty much everyone that could be locked up for drugs is, so now it's time to fill the prisons will evil p2p downloaders who will get paid $1 an hour answering phones or making license plates.
Throughout history, this has always been the way. Can't stop people stealing in droves? Make stealing punishable by death. Can't stop people blasphemy? Mak the crime punishable by death!
It is a natural reaction to make the laws tougher when people start to defy the law in droves but I urge people to ignore that reflex because often it is more instructive to look at root causes. Why do people pirate? Because the CDs are overpriced. Your average individual actually prefers the boxed CD to an MP3 but is not prepared to spend £15 on it. If you priced your CDs to reflect this desire then you could reverse the decline in CD sales.
Often, real change does not come from politics but from the sound of a million feet. Politicans still believe that people want the artist to be compensated to the tune of £15 for a crappy manufactured album. The people do not. In the end the people will win; they always do. The question is how much political capital are they willing to spend fighting this change?
The Internet has changed everything. I was working a project for a band a fairly high profile band in the UK who have totally ditched their record label in favour of a web-based approach. I can't blame them! Why get 1% of the CD record sales when I can get 100% and make more money than the labels were are paying?
Another thing, They REFUSED to use DRM. Saying that DRM protects the artist is rubbish. It protects the label's reveune stream, that's all. This band understands the internet. They're saying they want you to copy because it's a bonus to them just to get heard by that one new fan. That one new fan might spend £50 on a ticket to see you at a concert. They may even by the tracks off the site just to support you. It builds loyalty when you trust your fans rather than hold them in contempt.
The future is just getting started and we're about to see the big labels get their wing clipped.
Simon.
As long as the argument keeps getting framed as a battle of pirates cheating honest American companies out of their God-given profits, we will continue to see a push for harsh penalties. But frankly, this creation of a whole new class of criminals is not a world that I want to live in. So how can we convey to people that the bulk of IP violations don't deserve to be criminalized?
* Tape a TV show for a friend
* Play the new White Stripes CD at your office party
* Forward an interesting email rumor
* Make a cool picture you found on the web into your desktop background image
These are all things that people frequently do without any sense of transgression. Are we as a society going to start sending grandmothers, middle school students and so on to jail? Are we prepared to start using web browsers without "save" functions, email programs without "forward" functions, software that reports on us if we're doing anything possibly illegal? The illegalization of non-DRM'ed mpg, avi, txt and mp3 files? Because that is where we're heading unless we put a stop to it.
Remember - the law is a neutral weapon - much like a landmind. It can be used against friend and foe alike. The key is to see how a law can help your cause - even if taht was not the original intent.
The proposed law adds a new weapon against someone who violate Linux' EULA - and now makes it a criminal action to even try to violate it.
Think of the law a giant real world RPG - you need to understand teh rules and bend them to your ends.
I'm a consultant - I convert gibberish into cash-flow.
It seems to me that if the government goes further down this path then even possessing works that aren't redistributable is going to be like playing with a loaded gun. One false move and the consequences are severe, even if there wasn't the intent to infringe. Is there a point where the potential consequences will be so severe that consumers might just start avoiding anything that has this risk?
it will be cheaper to simply murder all the witnesses.
Let's just throw everybody in jail for everything. That will solve all of the world's economic and social problems, right?
--Larry
Never attribute to malice that which is adequately explained by incompetence
Maybe Sony will get what it deseves then.
Is there any hard, researched, evidence that harder punishments decrease rate of whatever they're punishing?
fucktard is a tenderhearted description
But unfortunately copyright is already criminal law. This doesn't call for such a fundamental change; it just calls for harsher penalties.
I could almost support this bill if it wan't that the entertainment industry openly bribes the senators who'll vote on this legislation, example, Orin Hatch, entertainment contributions for the 2004 cycle were $180,000+.
If you follow the trail it looks like most of this kind of legislation is bought and paid for by the very people it benefits.
Never mind terrorism, the war on drugs, and corporate theft. Let's divert federal resources to go after those pornographers and college kids trading music! They've either got their priorities totally hosed up or they have WAY more people than they need and this is Justice Department busy work.
Ignorance and incompetence rivaled only by those who continue to support a corrupt, ineffective and incompetent administration. Usually justifying their misplaced and hypocritical loyalty by whining that the Democrats aren't any better. Well, it's time to face the facts: The Democrats ARE better. They may not be the ideal but the worst of them could do better than this bunch of corrupt losers.
That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
Gonzales said the new laws are needed because evolving technology is "encouraging large-scale criminal enterprises to get involved in intellectual-property theft." He added that proceeds from copyright piracy is used, "quite frankly, to fund terrorism activities." [Emphasis added]
There you have it folks. The US Attorney General says that this technology is funding terrorism, presumably with zero-dollar bills. I don't know about you, but I'd say 99% of the intellectual property "theft" (his words, not mine) are going on TOTALLY FOR FREE.
In fact, if they did succeed in shutting down these new technologies for the common man, you can bet that would be the only time the criminals started making massive money on this. Gonzales's plans will actually encourage criminal profits and, therefore by his logic, encourage terrorism. Gonzales is actually taking steps to put the money into this for terrorism and crime lords, not the other way around!
So if you ever wanted damning evidence that our AG both doesn't understand the issues, and is in the back pocket of the content corporations (RIAA, etc.), and that he wants to play the "terrorism" card (like they did about Drugs)... there you go.
You are wrong. Considering that downloaders are nothing but communists, and communism killed 170 million people, downloading is a far more dangerous crime than speeding.
The financial penalties already are, as they can sue you for downloading a copy, but I'm relatively sure they haven't sued anyone for stealing a cd.
- My question is: Can Slashdot be Slashdotted? -
Let's not also forget Attorney General Alberto Gonzales' hardline stance against porn depicting consenting adults as well. This is someone who is clearly the most dangerous man for the job.
And I'm speaking as a moderate conservative. This guy scares the shit outa me.
Don't forget Guatemala, Honduras, Nicaragua, Costa Rica, Panama, Ecuador, Columbia, Guyana, Suriname, French Guiana, Bolivia, Paraguay, and Uraguay.
I'll accept any law as long as I get back the following:
1. Every jury is composed of a truly random selection of my peers -- people from my community who know me and can judge if I am a criminal
2. Every jury is notified of their right to jury nullification. They can judge not only the defendant, but the law.
3. Every arrest is preceded by the charge of two witnesses, and the idea of "the People versus" goes away.
4. The penalties for any crimes are tripled for any employee of any government branch.
At the very least, it makes putting a copyright file on a network riskier, even if you have no intention of letting anyone else know about it. An easy and common example would be sharing music with yourself by sftp. They could claim it's an attempt to share with others.
The real endgame is to make the internet look like broadcast TV. Only a few will have the power to share anything. Running a server is already forbidden by your ISP, despite the fact that many commercial applications do just that and would not work otherwise. The big publishers are closer to getting their way every day and it makes me sick. So much for free press in this country.
Friends don't help friends install M$ junk.
Unlike civil lawsuits, the standards of evidence are much more strict in criminal cases and you have a right to representation. The prosecution also has a greater burden of proving their accusations.
...is that they'd rather be tough than effective. It has been demonstrated time and time again that addressing the root causes of crime leads to a far greater reduction than spending the same amount of money on law enforcement alone. But that means some form of social spending, and we can't have that, can we?
You can't settle a criminal suit out of court.
didn't stop prolific copyright violations...
So myabe putting them in jail will, that'll be sure to make everyone buy more CDs!
I'd expect this from The Onion or the Daily Show, not the US Atorney General's office... *sigh*
Of course, unlike analog theft, digital theft is perfect!
So the punishment should be perfect as well...
I propose harsher punishement for CEO breaking law, and corrupt politician. At the first offense they should get prison for life. After all when they break the law, their action impact negatively of a LOT of people, so they should get cumulative punishment for the amount of people influenced by their action. Small CEO, 10 people : X Year of prison without parol. Medium CEO 100 people, 10*X Year without parol. Big CEO 3500 persons, 350*X year of prison without parol. Same ofr plitics. Break the law in a town of 100 : 1 week of prison per people. Do it in new york...
Think this is stupid ? Well compare the crimes above with copyright infrigement, and compare their negative impact on the citizen... And ince copyright infrigement cam be made worst by the number of copy shared , why not the crime above ?
Yes I am fantasming here. Actualy maybe make the crime for copyrighrt infrigement worst. First offense cut a hand. Second offense : cut second hand. etc... Maybe "citizen" will tehn start reacting.
C. Sagan : A demon haunted world:
http://www.amazon.com/gp/product/0345409469/
visit randi.org
so ya suppose there's a big shortage of books out there huh? Something tells me you've never submitted a manuscript to a publisher.
Let me tell ya kiddo, we don't need copyright because there's a lack of books. Perhaps in the eighteenth century that was true to a degree, although I suspect even then it was more about lack of distribution to readers than lack of authors, but it sure aint our problem now. Not a problem at all. You know just about every third year MFA student in the country publishes a novel that will never get read and that enormous mountain of unread, unpublishes novels just keeps piling up year after year. Let's not even get into thesis and dissertations.
There is no lack of authorship. The relationship between the quantity of authors and the strength of copyright is small enough to be insignificant. There is no real relationship between the two because what you think about when you consider popular fiction authors is a statistically insignificant fringe minority of the total number of writers out there and yet those are the only ones really concerned with copyright. How many authors can you name if you thought about it for a week? A few thousand? A few hundred? There are millions of writers you couldn't a flying fuck about it and it's about time you faced that fact and admit it instead of pretending to be some kind of knight in shining armor coming to rescue the poor distressed authors.
And those authors that you don't even want to know, those authors don't write because of copyright. Those millions of authors you never will bother to know anything about in your tiny little self righteous lifetime --those authors write because they simply have a desire to write.
You could obviously never understand that but I thank you for the opportunity to spank your dumb ass in public.
You're getting off topic. However, I don't think you should regard this action as purely a distraction, but rather a "bid" for more campaign donations. In that sense it is relevant in that BushCo's version of "conservativism" simply means "compassion" for the people who have lots of money, and doing everything they can to help them keep as much as possible (so that they can conveniently and without stress afford to donate more to Dubya's campaigns). Of course the BIG problem there is that time waits for no man. Change is coming, and your actual choices are lead, follow, or get the hell out of the way. Propping up dying copyright laws is just another form of getting in the way.
Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
To me, this speaks to a much bigger problem than so-called "intellectual property" (quoted because I agree with Stallman that the term is absolute propoganda BS).
Recently, Denver became the first city to pass legislation that totally legalizes the possession of up to an ounce of marijuana by adults 21 years and older. This happened because anti-WoD organizations got the bill up for public consideration, and finally, the citizens voted in favor of it.
Of course, possession is still illegal in the state, and also on the federal law, so it's still not really 'legal'. What bothered me so much about the news is the psychotic response from the government, saying "We will still jail you under state law!" in a very draconian tone.
The big point here is that this is supposed to be a government by the people, for the people.
The people have fucking spoken, and you've openly told them that you're going to ignore their will?
Anyone have any statistics on this so-called P2P epedemic? It seems to me that with the excessively large number of Americans (hell, people WORLD WIDE) that actively participate in P2P, it's the system of content distribution that needs to change -- not the further criminalization of the practice!
You all are misunderstanding the Republicans. The goal is not to discourage copying and file sharing. The goal is to find a new way to put millions of young people in prison. Private prisons are big business in the USA and the private prison companies like Correction Corporation of America and Wackenhut are big campaign contributors to Republicans. They get $30,000 per year from the government for every person that they hold in their private prisons. More prisoners means more profits for them, so they strongly encourage the criminalization of activities that are currently not considered by any civilized people to be incarceration crimes.
Rest assured that if this law permitting wholesale incarceration for copyright actually goes into effect that it won't be rich white boys going to jail for downloading music that is made by poor blacks yelling about how they are going to kill some other poor black guy for wearing the wrong color sneakers. Hell, this is America that we're talking about. The people who are going to jail for downloading files are black people who download copies of Dr. Martin Luther King's copyrighted speeches. Don't have any illusions about what this law is actually about.
Basically this a new form of American slave trading. Or maybe it's not so new, just the same old slave trading in a different form. Let's see, we got rich white people hiding behind 'corporate person-hood' status making $30000 a year for each person (mostly black in the USA) that is held in bondage for non-crimes like getting high instead of getting drunk. This is already responsible for over half of the people being held in slavery in American corporate prisons. Now they've come up with a new idea to put millions of more people into slavery for nothing.
Remember, this has nothing to do with copyright. Copyright is just an excuse this time to vastly increase the American slave trade. Copyright is the excuse this time just like drugs was the excuse last time. So what's it going to be next time?