Slashdot Mirror


DMCA Abuse Widespread

Doc Ruby writes "Via TechDirt, the news that despite the intent of the Digital Millennium Copyright Act, it's very popular to abuse the law by using it merely to compete, without legal basis: 'Supporters of the DMCA claim that only an occasional improper takedown notice gets through. Some new research suggests otherwise. Over 30% of DMCA takedown notices have been deemed improper and potentially illegal.'"

224 comments

  1. Power to abuse? by Dubpal · · Score: 5, Informative
    If you asked those Swedish guys over at thepiratebay.org (a search engine for .torrent files), I'm sure their data would show higher than 30% abuse.
    Their legal threats page is a hoot.

    On a more serious note, laws like the DMCA that put (arguably) too much power at the hands of copyright holders were always going to be susceptible to abuse. Remaining on the subject of torrent search engines, lokitorrent.com pulled its site down after threats from the MPAA who cited the DMCA, without even going to court. (They later went to court, where it was ruled that the domain owner release all visitor data to the MPAA.) With power like that, where's the incentive not to abuse it?

    --
    If you want a picture of the future, imagine a boot stamping on a human face forever.
    - George Orwell
    1. Re:Power to abuse? by Prospero's+Grue · · Score: 4, Insightful
      With power like that, where's the incentive not to abuse it?

      Agreed. To use a phrase I heard some time ago; it's how we ended up with a legal system instead of a justice system.

      --
      The opinion above is fiction. Any similarity to real opinions, including facts and logic, is purely coincidental.
    2. Re:Power to abuse? by PunkOfLinux · · Score: 4, Interesting

      anyone with half a brain (sometimes less) can realize that the DMCA was only passed because the copyright holders felt they needed a way to 'protect' themselves. So, they pay the gov't to make a new law that really ONLY protects the copyright holders.

    3. Re:Power to abuse? by richwmn · · Score: 5, Informative

      Power tends to corrupt; absolute power corrupts absolutely Lord Acton, a British historian of the late nineteenth and early twentieth centuries. Used as the basis for Animal Farm by George Orwell

    4. Re:Power to abuse? by Starker_Kull · · Score: 2, Insightful

      Actually, if you RTFA, the problem wasn't the DCMA (in this case - I hate the stupid thing), but the interpetation of it in the case ALS Scan v Remarq - as quoted;

      "However, in the recent case of ALS Scan, Inc. v. Remarq Communities, Inc., the court found that the copyright owner did not have to point out all of the infringing material, but only substantially all of the material. The relaxation of this specificity requirement shifts the burden of identifying the material to the service provider, raising the question of the extent to which a service provider must search through its system. OSP customers should note that this situation might encourage OSP's to err on the side of removing allegedly infringing material."

      The courts that interpet laws are as much of a problem as the Congress that passes them in the first place.

    5. Re:Power to abuse? by meringuoid · · Score: 3, Interesting
      Used as the basis for Animal Farm by George Orwell

      I'm not certain that's quite what happened. The Animalist Revolution was corrupted not by power per se but by Napoleon. Had the Revolution remained under Snowball's leadership it would probably have been rather more successful; however, Napoleon and Squealer (who were already complete stinkers) took every opportunity that came their way.

      It wasn't so much that power corrupted, as that power attracted the corrupt and gave them even greater scope within which to practise their corruption...

      --
      Real Daleks don't climb stairs - they level the building.
    6. Re:Power to abuse? by 54v4g3 · · Score: 1

      If we truly had a justice system then none of the filesharing takedowns would be happening (such as with grokster, KaZaA, etc.). Nor would Any organization have the ability to shut down torrent sites. It's quite obvious why- they aren't doing anything wrong!

      The only people who should be sued are those who are doing the copyright breaking. Not that I'm a supporter of the current copyright system, that would just be fair justice according to the current laws.

    7. Re:Power to abuse? by Spacejock · · Score: 1

      I keep thinking things have to reach a tipping point eventually, where the law is demonstrated to be such an ass that the only sane thing would be to put it down humanely.

      Evidence mounts and mounts (no pun intended), but I'm still waiting patiently for the scales to tip.

    8. Re:Power to abuse? by Anonymous Coward · · Score: 2, Funny

      I prefer..

      "Power attracts the corruptible"

    9. Re:Power to abuse? by GeckoX · · Score: 2, Insightful

      They may be 'in the right' (thepiratebay.org), but do you really feel that attitudes like that are going to make things better for us in the long run? Their responses are crass, rude, childish and feel like school yard mud flinging.

      I personally do not feel like attitudes like this will do anything but make things worse for us in the long run.

      I'm glad someone is standing up for our rights, but this is NOT going to sway popular opinion in a good way.

      Can we maybe find some examples of people that are fighting 'the good fight' and not just using this as an excuse to hide behind and be wee little children?

      --
      No Comment.
    10. Re:Power to abuse? by Anonymous Coward · · Score: 5, Insightful

      And it is also proof that we as a society are circling the drain.

      I am an engineer, scientist and hacker at heart. and because of the DMCA and patent laws I am forced to be a criminal to continue to invent, engineer and think.

      when you make laws that overnight put a wide swath of the populace into the criminal segment then you know that the corruption that is leading towards complete opression is nearing completion.

      Personally I cant wait for all of you to look suprised when they mandate that every american is required to have a passport and use it for interstate travel. and I'm betting that it will be here before 2008.

      So I simply acknowlege that I must break laws to continue and therefore move myself into the underground. Release the information on webboards in free countries like the Former soviet union under a untraceable psyudonym.

      Thanks American Government! The past 8 years have taken all of the countries brightest and made them criminals of the state.

    11. Re:Power to abuse? by DrSkwid · · Score: 4, Funny

      DMCA will collapse society, DRM'd Film at 11

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    12. Re:Power to abuse? by tylernt · · Score: 3, Interesting

      I think you have a while to wait. Usually lots of people have to get killed before a revolution is born.

      --
      DRM 'manages access' in the same way that a prison 'manages freedom'
    13. Re:Power to abuse? by tylernt · · Score: 5, Insightful

      "passport and use it for interstate travel"

      At first I thought this was kind of stupid since the federal gevernment doesn't have that power. Then I remembered that the federal goverment has ruled that marijuana grown in California, sold in California, and consumed in California constitutes interstate commerce and can therefore be regulated or banned by the federal gov't.

      Yeah, we're screwed.

      --
      DRM 'manages access' in the same way that a prison 'manages freedom'
    14. Re:Power to abuse? by Bullfish · · Score: 2, Insightful

      It always has been a legal system, where you legally try to get justice rather than taking the law into you own hands. Truth is, you are not entitled to justice, you are entitled to due process. It is one of the inherent difficulties if the courts are to be truly fair, they can only hear your case and render their best judgement. This is anywhere and not just in the US.

    15. Re:Power to abuse? by dwandy · · Score: 1

      ...yes, but how many "witches" need to be burned, and "heretics" tortured before the status quo is overthrown?

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    16. Re:Power to abuse? by Kjella · · Score: 4, Insightful

      And P2P pirates really ONLY serves themselves, not "to promote the progress of science and useful arts". If we try to pretend that copyright is a balance between the creators and consumers of IP, there's not much doubt that neither side is playing very nice. The problem is that they are trying to give pirates the shaft, and instead end up giving the consumers the shaft. Not a very nice way to behave, and it makes pirated products stand out as vastly superior because mp3s are delivered in the format I want, aren't infected with rootkits and don't restrict my playing or burning to special apps I neither want nor need. Will giving consumers what they want lead to piracy? Yes. Will not giving consumers what they want lead to piracy? Moreso.

      --
      Live today, because you never know what tomorrow brings
    17. Re:Power to abuse? by Microlith · · Score: 1

      Attitudes and sites like those of thepiratebay are exactly what gives them excuses to throw at lawmakers when demanding new laws.

      That and they're happy to effectively piss on the face of everyone who's ever created something that ended up listed on their site.

      Personally, I just think they're freeloading pricks who are their own, and our, worst enemy. They're the perfect excuse for bad laws.

    18. Re:Power to abuse? by rpresser · · Score: 1

      It wasn't so much that power corrupted, as that power attracted the corrupt and gave them even greater scope within which to practise their corruption...

      That may or may not be what Orwell was trying to say; I think the Snowball/Lenin conflict was just a retelling of the Trotsky/Lenin conflict. However, my personal belief about power is that power itself corrupts, no matter how wonderful the possessor. Sometimes the corruption leads to the possessor's downfall before it leads to public harm (Carter, Clinton); sometimes the reverse (Nixon, GWB).

      (Oops, did I just announce my political affiliation? So sorry.)

    19. Re:Power to abuse? by GeckoX · · Score: 1

      Glad I'm not the only one.

      --
      No Comment.
    20. Re:Power to abuse? by Prospero's+Grue · · Score: 2, Insightful
      Truth is, you are not entitled to justice, you are entitled to due process. It is one of the inherent difficulties if the courts are to be truly fair, they can only hear your case and render their best judgement. This is anywhere and not just in the US.

      The problem is (and the thrust of the article was) that the process is being subverted by the use of legal threats - many of which are unfounded.

      For all the cases that the RIAA has initiated, I don't know of a single one that actually was decided at trial (someone please correct me if I am in error). They are all settled because the law is being used as a club, and the strategy used by attorneys and their clients is to intimidate the target into submission by claiming huge damages, and offering to settle for a relative pittance. The uses of the DMCA follow a similar pattern.

      Numerous DMCA violations are sent to people overseas with no followthrough when they are refused compliance. It's looks like a fishing expedition.

      It becomes less an issue of due process and more a case of economic bullying, using the law as a tool to that end. If the parties allegedly hurt by DMCA violations feel that the acts are criminal, why are so few complaintants interested in pursuing the matter at trial and sending the offender to jail? They certainly can afford such justice, and it would be a strong example to use.

      Instead, over and over again, we see threats, borderline extortion, and a steady pattern of avoiding the courts and the kind of blind justice the application of due process should bring.

      So I'll say it again; a legal system, not a justice system.

      And BTW, I know this is not an issue unique to the USA. You'll note from my e-mail I'm from Canada.

      --
      The opinion above is fiction. Any similarity to real opinions, including facts and logic, is purely coincidental.
    21. Re:Power to abuse? by Anonymous Coward · · Score: 0

      Power corrupts. Absolute power is really kind of neat.

    22. Re:Power to abuse? by rssc · · Score: 1

      Try increasing the price of gas to $10 a gallon and see what happens...

      Some time ago I was wondering what would happen in my country (where gas is already at least twice as expensive) and I am pretty sure there would be something very close to a revolution (I also think people would get killed in the process).

      Isn't it interesting? I believe eroding civil liberties is much easier than for example raising the price of gasoline (although not as useful to the government).

    23. Re:Power to abuse? by winwar · · Score: 1

      So, if that is true, what does that imply about a certain Deity that may or may not exist.... :)

      Of course, that could explain a whole lot.... :)

      Personally, I see no reason why absolute power should corrupt absolutely. The pursuit of it, sure, but once you have it, I think you would be rather bored.

    24. Re:Power to abuse? by Bullfish · · Score: 1

      I agree it is a legal system, and always has been, in our country too (I am from Winnipeg). The abuse you state is also true. Thing is, a lot of people believe it is a justice system and it is plainly not and they also believe they are entitled to justice.

    25. Re:Power to abuse? by Anonymous Coward · · Score: 0

      sounds like lennin and stalin

    26. Re:Power to abuse? by arose · · Score: 1
      The problem is that they are trying to give pirates the shaft, and instead end up giving the consumers the shaft.
      You misunderstand, they use "pirates" as the reason to shaft customers and society at large.
      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    27. Re:Power to abuse? by Anonymous Coward · · Score: 0

      listen harder then

    28. Re:Power to abuse? by Anonymous Coward · · Score: 0

      To whomever modded this funny: it is not, it is insightful.

    29. Re:Power to abuse? by Floater223 · · Score: 1

      I've read of cases where people (one of them a post-secondary student) have chosen to risk court and beat the MPAA/RIAA. Extortion and threats are how large corporations can get things done. If they play the probabilities of winning and losing in court properly, they can exploit the law for the purpose of profit and the abuse of individuals. Given the way Sony was using DRM software to attack the people that actually bought their CDs, I sometimes wonder whether the heads of these businesses are motivated more by profit or individual abuse. I do not, however, wonder which side the law is on when businesses stand to profit from repeatedly breaking it and individuals can usually only lose money or break even when they go to court.

    30. Re:Power to abuse? by Braxton_the_Covenant · · Score: 2, Informative

      The economist Friedrich A. Hayek wrote a book entitled _The Road To Serfdom_, specifically written to the New Deal American public with the case examples of Nazi Germany and Fascist Italy in mind, describing how a generally civilized free society with some degree of free market capitalism can by its own ineluctable inner political workings become tyrannical socialist totalitarian states.

      Hayek has a chapter in his book called "Why the Worst Get on Top" that basically makes your point meringuoid, except that he says it is inevitable with a statist form of government that the very worst (i.e. most evil) will get on top while with a capitalist/laissez-faire system, unless it becomes co-opted by communistic or fascistic forces from within, there would never be the system of rewards and power present to make the job worthwhile for the evil-minded man.

    31. Re:Power to abuse? by Anonymous Coward · · Score: 0
      You're missing the point? Am I a P2P pirate? No. Am I getting shafted by the DMCA? You bet.

      You see the problem?

    32. Re:Power to abuse? by kryptkpr · · Score: 1

      Attitudes and sites like those of thepiratebay are exactly what gives them excuses to throw at lawmakers when demanding new laws.

      Lawmakers don't need excuses, they just need to keep getting their bribes from the "entertainment industry".

      American media corporations are attempting to bully TPB, and TPB are standing up for themselves... and they're doing it in a humorous way that pokes fun of those trying to bully them.

      --
      DJ kRYPT's Free MP3s!
    33. Re:Power to abuse? by log0 · · Score: 1

      Were the federal government, by any chance, smoking marijuana when they came to that conclusion?

    34. Re:Power to abuse? by Joel+from+Sydney · · Score: 1

      Every time I see this quote, I'm reminded of this Despair Inc poster.

    35. Re:Power to abuse? by TheDugong · · Score: 1

      My parents lived in Moscow for ~8 years and most Russians I {met,kn{e,o}w} said that the only reason Lenin was not as evil as Stalin was because he did not live long enough.

    36. Re:Power to abuse? by TheDugong · · Score: 1

      I have already patented that story line. You now owe me $5,000,000,000.

    37. Re:Power to abuse? by Anonymous Coward · · Score: 2, Insightful

      And P2P pirates really ONLY serves themselves, not "to promote the progress of science and useful arts". If we try to pretend that copyright is a balance between the creators and consumers of IP, there's not much doubt that neither side is playing very nice.

      P2P "pirates" only think in terms of themselves, but Adam Smith would say that in doing so, the Invisible Hand generates progress. Everybody who downloads the latest GCC is doing it only for their own good, but the fact that GCC is free and widely used makes a lot more progress possible.

      To think you can draw a line between two halves of humanity -- "the creators and consumers of IP" -- is absurd. Nobody creates something new in a complete vacuum; everybody who creates is also a consumer. To mark a set of people as "consumers" and then try to limit what they can do, will necessarily limit what creators can do, which limits progress of science and the useful arts. You can't have one without the other.

      When I read your post, I was a consumer. When I typed a response, I was a creator. If nobody could read anything on the internet, would anybody write anything on the internet?

    38. Re:Power to abuse? by ultranova · · Score: 3, Insightful

      Hayek has a chapter in his book called "Why the Worst Get on Top" that basically makes your point meringuoid, except that he says it is inevitable with a statist form of government that the very worst (i.e. most evil) will get on top with a capitalist/laissez-faire system, unless it becomes co-opted by communistic or fascistic forces from within, there would never be the system of rewards and power present to make the job worthwhile for the evil-minded man.

      There is two problems with argument.

      First, it is inevitable that a laissez-faire system of any sort is taken over by someone wishing to establish a dictatorship. A laissez-faire system, by definition, means a system that is not overseen by anyone; it is simply a state of anarchy, and anarchy always ends with someone taking the reins of power - after all, there's people who want power and no one to stop them.

      Second, for a wicked man, the ability to do evil and make others suffer is in itself a reward. It is insufficient to consider only selfish evil - the willingness to harm others to benefit yourself - to understand human psyche. You also have to consider malicious evil, the willingness to do harm to others even when it doesn't benefit you in any way, and in extreme cases, even when it does you harm too.

      In short, no kind of system can possibly remove the reward for gaining power, since the one in power can make his own rewards, and some sick bastards get their kicks from the abuse of power itself rather than any benefit for themselfs gained from said abuse.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    39. Re:Power to abuse? by Reziac · · Score: 1

      To crawl further off-topic, I don't remember Carter as corrupt, but rather as an essentially good-hearted man who was economically clueless, and happened to be in a position where his cluelessness was harmful (small businesses died in droves).

      (Did I just announce my political affiliation? Hint: it ain't the same as yours. :)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    40. Re:Power to abuse? by Reziac · · Score: 1

      "You also have to consider malicious evil, the willingness to do harm to others even when it doesn't benefit you in any way, and in extreme cases, even when it does you harm too."

      Or to put it more plainly, there are people who can't "win" unless everybody else *loses*.

      If that erodes their own power base, well, they're willing to pay that price, just to avoid letting anyone else "win".

      I've known a number of people like that, typically in a big-fish-in-little-pond situation. They'd rather drain their own pond and die with it, rather than admit that the ocean is large and therein lies opportunity for all.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    41. Re:Power to abuse? by Reziac · · Score: 1

      IOW, if you sound like a snot-nosed kid, people will respond to you in kind. Which isn't a good way to generate respect for your position. You're more likely to be taken seriously if you make a coherent statement based on the laws in your jurisdiction, rather than going "Nyah Nyah, can't catch me".

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    42. Re:Power to abuse? by Anonymous Coward · · Score: 0

      http://www.jroller.com/page/matsh?entry=java_histo ry_was_made_today

      Now Java is a total winner today on OSTG. Check this day

    43. Re:Power to abuse? by Timex · · Score: 1

      I don't remember Carter as corrupt, but rather as an essentially good-hearted man who was economically clueless, and happened to be in a position where his cluelessness was harmful

      I don't remember him as corrupt, either. I don't remember him being too politically apt, though. You might remember that the hostage situation happened under his watch, as did at least one failed attempt to rescue them. It wasn't until it looked like Reagan was going to win the presidency (the first time) that the hostages were released and the dollar gained value on the world market.

      --
      When politicians are involved, everyone loses.
    44. Re:Power to abuse? by Reziac · · Score: 1

      Yep. Carter meant well, but politically he was in over his head. I don't think he understood, at least at the level where reality happens, that you can't just "create" money, and you can't sweetly give in to everyone with an axe to grind (frex, hostage takers).

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    45. Re:Power to abuse? by Coniptor · · Score: 1

      I hate the f***ing law but it's DMCA not DCMA
      Digital Millenium Copyright Act.

    46. Re:Power to abuse? by squiggleslash · · Score: 1

      For all the cases that the RIAA has initiated, I don't know of a single one that actually was decided at trial (someone please correct me if I am in error). They are all settled because the law is being used as a club, and the strategy used by attorneys and their clients is to intimidate the target into submission by claiming huge damages, and offering to settle for a relative pittance. The uses of the DMCA follow a similar pattern.

      The law is, however, on the RIAA's side. The reason the vast majority of these cases aren't being decided in court is because of a fairly simple set of facts that line up to prevent that.

      Most of the people the RIAA has targetted are completely, 100%, guilty. A handful are "Music wants to be free!" fanatics, but even they recognize it isn't. Another handful is from people incorrectly targetted, or who feel the action is unfair and illegal for other reasons - mostly people whose underage child actually committed the offense, a handful who thought that normal Kazaa use is legal (you actually have to go pretty much out of your way to use Kazaa legally) and are pretty much in denial about the thing, and a tiny minority who honestly, completely, believe there is no way any computer they have control over directly or indirectly could have done this and are challenging the lawsuits on that basis.

      Most however saw Kazaa as a way to get music without paying for it. They may have had the best of intentions ("I just want to listen to artists I'd never normally be exposed to, and I'll buy CDs of any music I like"), but they were under no illusions that whether done with the best of intentions, morally or immorally, what they were doing was technically illegal.

      This by itself would be a great deal, but the RIAA et al doesn't actually want to drag this many people through court. It's expensive. And the legal penalties are so draconian, that if they demanded the full shot of what a court pretty much has to award on demand, the vast majority of defendents would be bankrupted, and that would result in wholesale copyright reform.

      So they offer an alternative, and it's very attractive. For a few thousand dollars, you can avoid actually being taken to court and being bankrupted to the tune of millions of dollars. (Yes, that's right, millions. Because statutory damages are in the tens of thousands per violation, and we're usually talking about hundreds, and sometimes thousands, of provable violations per person if the RIAA really wants to go into the effort.)

      It's not surprising the majority of people avoid court. You imagine how many murder cases would be sent to trial if the FBI offered every suspect the chance to avoid prison or death by, say, giving $5,000 to the victim's family. How many people reading this comment actually want to be made bankrupt? Perhaps a handful who have a lot of credit card debt, but generally relatively few of you, right?

      For some reason, this bargain is usually represented as nefarious by people on Slashdot. I don't think it is. It would be if the RIAA thought the lawsuits were targetting innocent people, but I don't believe it does, though their "quality control" could do with some cleaning up. The RIAA is walking a fine line between doing something so drastic that legislators sit up and take notice (thousands of people being bankrupted for redistributing music without the copyright holder's permission would certainly result in that) and being seen as toothless and unable to deter what the music industry sees as a major threat to its ability to fund music creation and distribution (eg the core of its business.) Nobody wants to pay thousands of dollars because they downloaded a bunch of Top 10 hits and then redistributed them in a network that makes them available to millions of anonymous strangers. Is my love for anonymous freeloaders so great I'm willing to risk getting heavily into debt for it? Not likely.

      It becomes less an issue of due process and more a case of

      --
      You are not alone. This is not normal. None of this is normal.
  2. I like the new graphic. by SynapseLapse · · Score: 1

    I like it. Maybe it's been around for a while, but I like the idea better than "Generic man being gagged." So Kudos to whoever made the new YRO icon.

    1. Re:I like the new graphic. by MPolo · · Score: 1

      There are now a bunch of "subcategories" for YRO. The "gerneric man being gagged" is still there as the icon for the Censorship subcategory. This article is in the CDA subcategory.

      But I feel a little stupid at the moment... What does "CDA" stand for? Constitutional Dummy Association?

    2. Re:I like the new graphic. by Luuvitonen · · Score: 1

      Close. It's Constipational.

  3. I am SHOCKED by Anonymous Coward · · Score: 2, Funny

    Shocked and dismayed.

    1. Re:I am SHOCKED by republican+gourd · · Score: 1

      Me, I'm shocked and AWED.

    2. Re:I am SHOCKED by Anonymous Coward · · Score: 0

      Me, I'm shit-cocked and GAY.

  4. A helpful guideline: by meringuoid · · Score: 5, Interesting
    Whenever a controversial law is proposed, and its supporters, when confronted with an egregious abuse it would permit, use a phrase along the lines of 'Perhaps in theory, but the law would never be applied in that way' - they're lying. They intend to use the law that way as early and as often as possible.

    cf: DMCA, Patriot Act, Prevention of Terrorism Act (UK), Enabling Act (Weimar Germany)...

    --
    Real Daleks don't climb stairs - they level the building.
    1. Re:A helpful guideline: by Yahweh+Doesn't+Exist · · Score: 4, Insightful

      on the Prevention of Terrorism Act (UK), it is interesting to note that Tony Blair said it would never be used to prevent legitimate protesters. then, a matter of days later, it was used to eject a pensioner who objected to the war on Iraq from the Labour party conference. how the hell is a pensioner objecting to a war a terrorist?

    2. Re:A helpful guideline: by PhilHibbs · · Score: 4, Insightful

      Minor point, I think the act was used by the police to prevent him from re-entering. They just used regular bouncers to eject him.

      Sometimes the police deliberately push the envelope on what they consider to be bad laws in order to provoke reconsideration of the law. There's a possibility that this is one such example, by a policeman who doesn't like the totalitarian direction that we are taking. Not all police support the creation of a police state, it gives them more work to do for one thing.

    3. Re:A helpful guideline: by meringuoid · · Score: 5, Funny
      how the hell is a pensioner objecting to a war a terrorist?

      Bushian reasoning:

      1) This is the War On Terrorism.
      2) You are either for us or against us.
      3) If you are against us in the War On Terrorism, then that makes you
      4) A Terrorist.

      Blairian reasoning:

      1) I'm doing the Right Thing, because I'm a pretty straight kind of guy, ok?
      2) And I think Jack has the right to make his speech without impolite interruptions.
      3) And we really shouldn't get sidetracked by theoretical arguments about civil liberties, because terrorism is really a very serious threat.
      4) And I should point out that I had absolutely nothing to do with the incident itself.
      5) And I don't think that a blame culture is very productive at all, just ask Peter or David, so it really isn't helpful to go talking about whether anyone should resign.
      5) It's in the past now, so we should all move on and deal with the new problems that are ahead of us, going forward into a better and fairer Britain in the 21st century.

      --
      Real Daleks don't climb stairs - they level the building.
    4. Re:A helpful guideline: by jc42 · · Score: 0, Troll

      [H]ow the hell is a pensioner objecting to a war a terrorist?

      That's an easy one: He struck terror into the hearts of Labour Party leaders.

      I mean, imagine the results (on their jobs and leadership positions) if this sort of thing became widespread.

      Here in the US, we have a similar story: We've reached the stage where decorated military veterans are calling for withdrawal from Iraq. We even have a Congressman, John Murtha, who's an ex-marine with medals and has called for pulling the troops out of Iraq. Bush's gang first tried to label Murtha a traitor, but the public outcry forced Bush to publicly state that being against war isn't treason (at least if you're a decorated veteran). Now commentators are describing Bush and Cheney as "running scared".

      So Bush et al are clearly being "terrorized" by people who object to their foreign policies. And Bush is the one who some time back told us "If you're not with us, you're with the terrorists."

      Labelling all your opponents as terrorists is conventional politics. And it's an old story. We can expect to hear a lot more of this before it's all over. (And it'll probably never be over.)

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    5. Re:A helpful guideline: by iainl · · Score: 1

      +1 for Funny, another for Insightful.

      Then -awholeloadofpoints for Depressing, frankly.

      --
      "I Know You Are But What Am I?"
    6. Re:A helpful guideline: by FireFury03 · · Score: 3, Insightful

      Minor point, I think the act was used by the police to prevent him from re-entering. They just used regular bouncers to eject him.

      You are correct - the bouncers ejected (read: assaulted) him and then the police "detained" him under the anti-terrorism laws.

      Then to add insult to injury, Blair still tried to push through a law that would allow the police to detain anyone for 90 days without charge, defending it by saying the police were very responsible and would never abuse a law.

      This is a prime example of why excessively broad laws are always a bad idea - whilest it may improve the ability to legitimately target people doing wrong it will always be abused by someone as well.

      Through all the IRA attacks whilest I was young the constant message delivered by the UK government was that if we changed the way we lived because of terrorism then the terrorists have won... well I guess we know who's won now then don't we? (Amazingly enough, Blair used the "if terrorism changes the way we live then they've won" speech in a justification of curtailing civil liberties in the name of anti-terrorism!)

    7. Re:A helpful guideline: by icarusfall · · Score: 1

      Nice one, that's superb. Best post all day, I think.

    8. Re:A helpful guideline: by mwvdlee · · Score: 1

      It's that whole "If you're not with us, you're against us" logical fallacy that seems to be the "in" thing with terrorist-crazed politicians nowadays.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    9. Re:A helpful guideline: by anopres · · Score: 2, Interesting

      I've been following this story quite closely, and I've never heard anyone call Jack Murtha a terrorist. For some reason, people think that if a person served honorably in a prior war, that they know how to conduct the current one. I find it even stranger that we look to Vietnam war veterans for guidance, when you could easily make the argument that they knew how to loose that war, maybe they can help us loose this one. Jack Murtha is a stand-up guy. I think he is one of our better statesmen. On this issue, he is just wrong.

      --
      Strong Mad - 2008: "I PRESIDENT!"
    10. Re:A helpful guideline: by Pig+Hogger · · Score: 1, Troll
      Sometimes the police deliberately push the envelope on what they consider to be bad laws in order to provoke reconsideration of the law.
      This is utter bullshit. First of all, cops are too stupid to think about doing such a thing, and cops like their power too much to willingly risk losing it.
    11. Re:A helpful guideline: by meringuoid · · Score: 4, Interesting
      (Amazingly enough, Blair used the "if terrorism changes the way we live then they've won" speech in a justification of curtailing civil liberties in the name of anti-terrorism!)

      That was funny, but the most entertaining piece of hypocrisy on this issue is this:

      On the 90-day internment law: Blair says that the police want to be able to imprison people without charge for three months for investigation and interrogation. He says that on this matter the police know best and we should listen to them and give them what they need to make us safe.

      On the late opening law for pubs: police representatives say that it will be a disaster and lead to even greater alcohol-fuelled public disorder and random violence. Blair completely ignores them and goes right ahead with changing the law so that (starting today) we British people are free to drink all night if we see fit to do so.

      I'm not sure quite how these two Mr Blairs manage to live together in the same skull. Libertarian and fascist in one. Or maybe he's hoping that we'll all be to pissed in the pub to get pissed at him...

      --
      Real Daleks don't climb stairs - they level the building.
    12. Re:A helpful guideline: by gowen · · Score: 1
      a matter of days later, it was used to eject a pensioner who objected to the war on Iraq from the Labour party conference.
      Private property, dude. You can protest all you like, but you can't do it in my house.
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    13. Re:A helpful guideline: by gowen · · Score: 1
      I'm not sure quite how these two Mr Blairs manage to live together in the same skull. Libertarian and fascist in one.
      Firstly, there's no reason why one should follow a single school of thought on all issues. That kind of reductionism is counter-productive. Secondly, you've missed the -ism that encapsulates both of those ideas : populism. Those ideas are both very popular.

      However ideologically vapid it is, there is something to be said for governments doing what the majority want them to do.
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    14. Re:A helpful guideline: by PhilHibbs · · Score: 1

      I have had friends who were police officers, and they aren't all like Chief Wiggum. Some of them are genuine, public-spirited heros. Sure, there are bad apples, some go in for it just for the power, and some are corrupted by it, but not all. As for them all being stupid, well, all I can say is that if you're trolling then you got me.

    15. Re:A helpful guideline: by Anonymous Coward · · Score: 0

      Problem is, the majority wan Blair out. It's just that they didn't agree on who should be there instead.

    16. Re:A helpful guideline: by morcego · · Score: 1

      Yes, there is something to be said: stupidity.

      I invite all of them, and anyone else who is interested, to see what "populism" is doing to Brazil.

      Curruption on the government has pretty much increased threefold. The parliament hasn't really been any to conduct any real business in the past year (at least). In a nutshell: things are going to hell in a handcart.

      --
      morcego
    17. Re:A helpful guideline: by Anonymous Coward · · Score: 0

      Party conferences are held in public buildings, dude.

    18. Re:A helpful guideline: by Anonymous Coward · · Score: 0

      Please cite one statement, any statement, in which anybody speaking for the Bush administration labeled John Murtha as a terrorist.

      And Bush is the one who some time back told us "If you're not with us, you're with the terrorists."

      When he said "us", he clearly meant the United States and other free nations fighting against terrorism, not himself and his golf buddies, because that comment was in the context of remarks to other nations.

      By which, he was saying that if you are unwilling to participate in the struggle against terrorism, by willingly making your country a haven for terrorists and engaging in diplomatic relations which make the war on terror more difficult, then your country can't really be counted as much of an ally at this critical juncture in history.

      This is what has come to be called "The Bush Doctrine," that the United States shall make no distinction between terrorists and the governments which support and aid them. A rather extreme view, but in late 2001 most of America was not in the mood for moderation.

      It has nothing to do with the neo-con view regarding opponents of our presence in Iraq. People who want us to leave Iraq simply want our troops out of harms way. Nobody can fault them for that. Personally, I think that Senator Kerry's remarks during the previous campaign show a lot more wisdom than what we've been hearing lately from some of his colleagues: Even if you think it was a mistake to go in to Iraq, it would be a colossal blunder to leave right away.

      The US leaving Iraq without finishing the job is what I would call a worst-case scenario. It would 1) plunge Iraq back into the dark ages, 2) send a signal to terrorists that they don't need to beat us, just out-last us and wait for us to lose the stomach to fight, 3) free up terrorist resources to attack us on our own soil and/or disrupt the new government of Afghanistan, 4) make Iraq a new safe haven for terrorist training camps.

    19. Re:A helpful guideline: by Pig+Hogger · · Score: 1

      I speak from experience. Cops will try anything to get you in the wrong. Like when I was hassled for taking pictures of old busses; I was standing on the sidewalk and while hassling me, they tried to get me to step on the adjacent private property so they could charge me for tresspassing.

    20. Re:A helpful guideline: by ultranova · · Score: 2, Insightful

      I'm not sure quite how these two Mr Blairs manage to live together in the same skull. Libertarian and fascist in one.

      I'm not so sure that there is a conflict between the two. Think about it. Fascists want to merge the corporations and the government into one single entity. Libertarians (at least based on their Slashdot posts) want to abolish government power completely, leaving corporations the only entities with any power - which, of course, will lead to them merging into cartels and ultimately a single entity.

      The end result of both is the same: a world ruled by corporations. Only the path taken there varies.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    21. Re:A helpful guideline: by gowen · · Score: 1
      Party conferences are held in public buildings, dude.
      No. Wrong. They're not. They're invariably held in privately owned hotels/conference centre.

      The 2005 Labour conference was held at the Brighton Hilton Metropole, owned by the Hilton Hotel Group.

      Public property, my arse.
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    22. Re:A helpful guideline: by mattpalmer1086 · · Score: 2, Funny

      Spot on!

      But I think you missed point 5 for Bush:

      (5) Profit!!!

    23. Re:A helpful guideline: by daweaver · · Score: 1

      This government was elected with the active support of less than one person in five. This government was elected with fewer votes (but more seats) in England than the main opposition party. If this government were doing what the majority wanted, it would be walking on eggshells, trying not to upset too many people. Otherwise its lack of mandate would be pointed out for all to see, denying it authority and legitimacy.

    24. Re:A helpful guideline: by PhilHibbs · · Score: 1

      Trespass is a civil offence, not criminal. The police would have no grounds to arrest you. Maybe the police in the states are all stupid bastards, but that isn't the case in the UK.

    25. Re:A helpful guideline: by gowen · · Score: 2, Insightful
      This government was elected with the active support of less than one person in five.
      Semantics. Attempting to count non-voters as votes against is utterly moronic.
      Denying it authority and legitimacy.
      You keep using those words. They don't mean what you think they mean. This government certainly does not have an absolute majority of support.

      However, it has both authority (a position of power; in possession of power over others. -- OED) and legitimacy (conformant to law or rule; sanctioned or authorized by law or right; lawful -- OED).

      You can criticise "First Past The Post" as much as you like, and I'll agree (I'm a Lib Dem supporter, so I'm obliged). But while that remains the electoral system mandated by British law, any government elected by that system has both authority and legitimacy.
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    26. Re:A helpful guideline: by Anonymous Coward · · Score: 0

      And do your "genuine, public-spirited heros" actually arrest the corrupt "bad apples"?? No? Then they are just as guilty.

      The only innocent cops is a cop too stupid to see that other cops are crooked.

    27. Re:A helpful guideline: by sunya · · Score: 1

      I've been following this story quite closely, and I've never heard anyone call Jack Murtha a terrorist.
      No, But jean Schmidt called him a coward. Here's a video from C-SPAN

      --
      MLT - simple and robust open source multimedia framework for Linux
    28. Re:A helpful guideline: by daweaver · · Score: 1
      Attempting to count non-voters as votes against is utterly moronic.
      Had Labour presented a set of policies that enthused the public, had Labour acted in an honest and open manner, they would have attracted the active support of more than one person in five. I take your point that Labour does have a legitimite right to govern, the party played by the rules, won by the rules, secured more MPs than any other single party. But does it have a moral authority to rule? Indeed, does any single party have a moral authority? When "None of the above" wins a national election - and this is the second time the abstentions have won on the trot - it's a clear signal that something is wrong with the relationship between public and politicians. And, perhaps, that the public is expressing a wish to change the rules of the game.
    29. Re:A helpful guideline: by gowen · · Score: 1
      Had Labour presented a set of policies that enthused the public, had Labour acted in an honest and open manner, they would have attracted the active support of more than one person in five.
      Really? On what evidence do you base that assertion?

      Once again, when one attempts to interpret the behaviour of the apathetic to support your opinion, you're on dangerous ground. Most pre-election polls said that the main reason that non-voters were not going to vote because the result was never in doubt. That means that potential Labour voters did not feel the need to become active. We'll never know how many non-voters of them would've voted Labour, had they been forced to vote.

      It's extremely misleading (and in your case completely groundless) to read a deep political message into the non-involvement of a section of the population.
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    30. Re:A helpful guideline: by MightyMartian · · Score: 1

      I'll be blunt. I think even the best-intentioned police officer will allow the power to go to his or her head. It's inevitable for any such position where the state gives an individual or an organization such privileges and responsibilities. It's this recognition of how the organs of the state will inevitably behave that is the foundation of the very idea of constitutional limitations on the use of power by the state. I don't particularly blaim the police, it's simply what happens. Most don't want to infringe upon our rights simply because they love sticking it to the little guy. Most believe most fervently that they do this for our own good. But at the end of the day, they will grab as much power as they can. Public safety has ever been the greatest excuse for impinging upon liberty.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    31. Re:A helpful guideline: by Lehk228 · · Score: 1

      without an opressive government the corporations wouldn't have a stick to wield against the people.

      oppressive copyright laws: enforced by the government

      unfair contracts and noncompete clauses:enforced by the government

      prohibition of drugs that can be easily produced by an individual:enforced by the government

      about the only corporate misbehaving i can think of that isn't enfoced by the government's guns is executive looting, but even they are protected from riot/mob killing by the government.

      --
      Snowden and Manning are heroes.
    32. Re:A helpful guideline: by GreyWolf3000 · · Score: 1

      The end result of both is the same: a world ruled by corporations. Only the path taken there varies.

      As long as we're going to define ideologies by taking them to the extreme, I'd like to point out that Socialists would like the government to take over corporations, and merge them into one single entity. The end result is the same even then.

      I think the best solution is to forget about ideologies and labels themselves and focus on solving problems as they come.

      --
      Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
    33. Re:A helpful guideline: by GreyWolf3000 · · Score: 1

      Could you make my day a little brighter and explain why you chose to use the word 'loose' when 'lose' was actually what you intended?

      --
      Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
    34. Re:A helpful guideline: by killjoe · · Score: 1

      Bush: God told me I have to invade iraq.

      Bush, Blair: Pray, Pray, Pray.

      Blair: I have decided to support Bush.

      Yes it's that simple.

      --
      evil is as evil does
    35. Re:A helpful guideline: by freeweed · · Score: 1

      Libertarians (at least based on their Slashdot posts) want to abolish government power completely, leaving corporations the only entities with any power - which, of course, will lead to them merging into cartels and ultimately a single entity.

      Well, if you eliminated government power, then corporations, by definition, would cease to exist. Corporations only exist as allowed by government.

      Anyway, a desire to abolish government is most definitely not a Libertarian idea. You're thinking of Anarchists. Libertarians want to LIMIT government power, not ELIMINATE it.

      Lesson: don't learn your political theory from Slashdot :)

      --
      Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
    36. Re:A helpful guideline: by atriusofbricia · · Score: 1

      Corporations are a product of Governmental power. Without government, you cannot have corporations as we know them today. Therefore, no government, no corporations.

      --
      I was raised on the command line, bitch

      "Nemo me impune lacesset"

    37. Re:A helpful guideline: by ultranova · · Score: 1

      Well, if you eliminated government power, then corporations, by definition, would cease to exist. Corporations only exist as allowed by government.

      Unfortunately, this is not true. Corporations came to be by governments permission, and exist because allowed to by the government. However, their existence is not dependent on government power backing them.

      A corporation is an organization. In the absence of government that organization may or may not disintegrate. If it is a large and powerfull enough organization with plenty of resources, it is entirely possible that it would continue to exist, simply because its members would consider it beneficial to themselves. In the absence of government power, any kind of safe haven would be much in demand...

      Anyway, a desire to abolish government is most definitely not a Libertarian idea. You're thinking of Anarchists. Libertarians want to LIMIT government power, not ELIMINATE it.

      From what I've understood, libertarians want to eliminate all aspects of government power, except the part where government guards (their) property. How they except it to do this without any resources (since they also oppose taxation) is anyones guess.

      Lesson: don't learn your political theory from Slashdot :)

      But if libertarians got power, what would they follow: the official ideology or their own variations of it ?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    38. Re:A helpful guideline: by Kirth+Gersen · · Score: 1
      Or maybe he's hoping that we'll all be to pissed in the pub to get pissed at him...


      Mr Blair may have in mind the words of the famous old drinking song:

      As soon as this pub closes,
      As soon as this pub closes,
      As soon as this pub closes...
      The revolution starts.
    39. Re:A helpful guideline: by Dyolf+Knip · · Score: 1

      You know that most of the tremendous, amazing power that corporations have come to wield is due in great part to their legal status as people and the whole 'limited liability' thing? Both of these principles were enacted and are enforced by governments.

      Limited Liability makes it so that only under the most egregious cases will the legal system penetrate the corporate veil and work on actual people (Enron, anyone?). The rest of the time, it's the corporation that takes responsibility for it's employees' actions. We The People are held to the law of "kill someone and go to jail". Corporations are more of the "kill someone and get fined $X" variety. Which means that if a Board considers doing something wholly illegal, the decision is purely a financial one; potential loss of personal freedom (i.e., prison), which is many times more valuable than money to most of us, rarely enters into it. Again, this is not some natural state of affairs, this situation was _created_, by people, and on purpose.

      So, yes, Libertarians want to reduce government influence in our lives, but they also want to reduce corporate influence that has come about because of government meddling.

      --
      Dyolf Knip
  5. DMCA Porn! by gcnaddict · · Score: 1

    Isnt the DMCA also used by porn reseller sites to tell you that you need to own the original DVD before you can download it from them in their disclaimer?

    It's never enforced, is it? :P

    --
    Viable Slashdot alternatives: https://pipedot.org/ and http://soylentnews.org/
  6. DMCAish things by Miros · · Score: 1

    I'm afraid it's just much easier to prosecute people who do DMCAish things (facilitate infringment via mechanism stripping) than it is to prosecute people who infringe on a thing by thing basis. I mean, there are hundreds of millions who do the latter, and they're hard to find. Whereas people who do the former usually brag about their successes.

    That being said, i think the DMCA sucks and puts in geoprady the legality of all sorts of differnt types of security research while not doing much to protect people's copyrights at all. At this point i feel that some people infringe (when they could just as easily buy) because they feel some kind of injustice has been done upon them via the record industry's tactics.

    1. Re:DMCAish things by InvalidError · · Score: 1

      There is one simple major issue with the DMCA: it is fundamentally redundant.

      Copyright infringement and facilitating crimes were already illegal before the DMCA. Before the DMCA, only 'criminals' infringed on copyright and wrote software to facilitate it... and after the DMCA, only 'criminals' infringe on copyright.

      The only truly new thing with DMCA its unprecedented potential for abuse... and DMCA abuses account for the majority of DMCA case I have read about. As someone else pointed out and as I also have said in the past, legal != just/fair.

  7. Definition of occasional as used by DMCA enforcers by jurt1235 · · Score: 4, Interesting

    SARCASM ON: From the rules and regulations of the DMCA user group (Not publicly accessible, so this will cause a take down notice):
    Article 2b:
    Wrongful notices.
    An notice is considered wrongful if the party who send the notice is sued for this notice, and the highest court willing to hear the case decides that the notice has been send wrongful.
    Article 2c:
    Allowed wrongful notice percentage.
    If not more than 60% of the notices gets rejected by a court, the sending of these notices will be considered as an occasional mistake due to the murky nature of the person or company who got the notice initially. :SARCASM OFF

    --

    My wife's sketchblog Blob[p]: Gastrono-me
  8. The DMCA is only a symptom. by Elrac · · Score: 4, Insightful

    The real disease is the fact that the USA's elected lawmakers are, in many if not most cases, susceptible to pressure and/or bribery by the industry. This is how many of these asinine laws originated.

    Unlimited legal campaign contributions, indeed!

    --
    When one person suffers from a delusion, it is called insanity. When many people suffer from a delusion it is called Rel
    1. Re:The DMCA is only a symptom. by TheRaven64 · · Score: 1

      I disagree. The corruption is not so much in the elected officials as the people who elect them. If the winner of the election is the one who spends the most money, then it is the fault of the electorate for putting to much stock in propaganda, not the fault of the candidates for producing it. If the electorate voted for the candidate who represents their interests, not the one with the best slogans, then campaign contributions would not be an issue.

      --
      I am TheRaven on Soylent News
    2. Re:The DMCA is only a symptom. by Lumpy · · Score: 1

      And you forget that they typical elected US lawmaker lately seems to have an IQ lower than 60. Espically when it comes to technology.

      honestly, as an american I am utterly disguested at the rampant idiocy that governs the American Government. The problem is the morons that keep re-electing these idiots.

      If we had an upper age limit I think things would change. If the House of Represenatives was full of 21-40 year olds that actually worked for a living instead of having their entire life spoon fed to them they might make decisions based in reality.

      But this country has always been governed by the rich. The founding fathers were the richest men in the colonies.

      --
      Do not look at laser with remaining good eye.
    3. Re:The DMCA is only a symptom. by Anonymous Coward · · Score: 0
      Yep, and guns don't kill people, people kill people...

      You can't wholesale change human nature. If people are shooting other people with guns you take away their guns, not let them do it because "that's what people do".

      Likewise, if you know people are attracted to propaganda (which they are, in the same way that people are attracted to sweet things) you stop people producing propaganda.

    4. Re:The DMCA is only a symptom. by Anonymous Coward · · Score: 1, Interesting

      They even let the lobbyists and corporate reps participate directly. This sort of freaked me out when I read it:

      1988. It is 2:30 in the morning. I am sitting in the House Commerce Committee room with four or five congressional staffers and only three or four lobbyists/lawyers. The final mark-up for the DMCA is the next morning in the Full Commerce Committee. The Bill had already passed out of the Judiciary Committee but it had a sequential referral to Commerce which needed to approve it before we went to the floor for House Passage. And we were hung up....And several of us, including most importantly by that time, the Committee Chairman who had heretofore been opposed to the Bill, wanted to get it done.

      That was written by the RIAA's Hillary Rosen. Here she is, participating on the creation of the bill! Maybe that's not an unusual practice in Congress, but it sounds shady to me.

    5. Re:The DMCA is only a symptom. by argoff · · Score: 1


      In all fairness, we have the power to kill the DMCA right now without any help from the congress. The real prop that's holding up the DMCA is societies own belief in the copyright system, kill that and the DMCA will follow.

    6. Re:The DMCA is only a symptom. by CastrTroy · · Score: 2, Insightful

      No, because much of the money that gets given to candidates is given by either the minority of people, with lots of money, or by non-voting entities such as corporations. If each voting entity (person) was only allowed to give a small amount, maybe $5000, and non-voting entities (corporations) were not allowed to give money, then there would be a lot less corrupted things going on, since candidates would have to get a large number of people to give them money, instead of a few very rich people to give them money.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  9. Highly disturbing by sdo1 · · Score: 3, Insightful
    Over 30% of DMCA takedown notices have been deemed improper and potentially illegal

    What I find most disturbing about that statement is that it implies that something a bit less than 70% of DMCA takedown notices are not improper and not illegal. That is a law that is far over-reaching, draconian, and designed for abuse. I guess that's what happens when one lives in the good 'old U.C.A (United Corporations of America).

    -S

    --
    --- What parts of "shall make no law", "shall not be infringed", and "shall not be violated" don't you understand?
    1. Re:Highly disturbing by LostCluster · · Score: 1

      What is highly disturbing about the not improper and not illegal uses of the DMCA Takedown Notice. It is just a legal notice that a copyrighted work is being distributed, and offers a lawsuit-free chance to take it down, with no damages for the time it was up being collected.

      Sure, the 30ish% abuse rate is disturbing... but there's nothing to see here talking about the other 70ish%.

    2. Re:Highly disturbing by jc42 · · Score: 4, Insightful

      What I find most disturbing about that statement is that it implies that something a bit less than 70% of DMCA takedown notices are not improper and not illegal.

      Actually, that's a standard logical fallacy; it doesn't imply any such thing. Even if the 30% figure were accurate, it can only be a minimum estimate until the cases are settled in court. But most are settled out of court, mostly for financial reasons (the cost of an individual fighting a corporation), so their legal status can never be known. If you want to make an inference like this, you should read it as "at least 30% of takedown notices are invalid".

      But note that that 30% only applies to the specific sample studied, and it wasn't at all a scientifically-chosen random sample. The sample was what statisticians call "self selected", so as a statistic, the number is rather bogus.

      This isn't a criticism of the people who did the study. If you read TFA, you'll find that they didn't claim that 30% of DMCA notices are improper; they stated clearly that about 30% of the cases they studied were improper.

      So that 30% isn't a statistic; it's merely an example of the DMCA's effect on a small sample of people who are willing to go public with their story. TFA doesn't actually teach us much about the overall impact of the DMCA.

      But I suppose that's a bit too precise for a /. discussion. Radical over-generalization (along with reasoning from the inverse) does seem to be the order of the day hereabouts.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    3. Re:Highly disturbing by mikers · · Score: 1

      I guess that's what happens when one lives in the good 'old U.C.A (United Corporations of America).

      But what do you expect? Socialism?

      Isn't capitalism all about the capital and who controls it? It is a democracy one day every four years or so, but the rest of the time, capitalism rules the roost.

  10. The ESA vs HoTU by spyrochaete · · Score: 4, Interesting

    The ESA (Entertainment Software Association), a body representing many software companies, sent a threatening letter to Home of the Underdogs a few years ago, demanding that they cease the sale of all copyright materials from their website. They state to be standing behind the DMCA.

    IDSA is providing this letter of notification pursuant to the Digital Millennium Copyright Act and 17 USC =A7 512 (c) to make you aware of material on your network or system that infringes the exclusive copyright rights of one or more IDSA members.
    ...
    IDSA has a good faith belief that the Internet site found at theunderdogs.org infringes the rights of one or more IDSA members by offering for illegal sale one or more unauthorized copies of one or more game products protected by copyright...


    Anyone who has seen this website knows that they do not sell games at all and never have. They provide abandonware downloads - games that have been out of print and not for sale for many years - in the interest of the preservation of culture.

    Just another example of clueless bullies hiding behind the DMCA, seemingly for financial gain, but for properties not even for sale! Read the full letter and the webmaster's commentary for full details. http://www.the-underdogs.org/partdeux.php

    1. Re:The ESA vs HoTU by Anonymous Coward · · Score: 0

      They provide abandonware downloads - games that have been out of print and not for sale for many years - in the interest of the preservation of culture.

      I think you meant to say "in the interest of the preservation of copyright infringement". While the games haven't been for sale for many years they are still the developed works of an individual or group. Who knows... 50 years from now they may want to a best of compilation and won't be able to because everyone has infringed on their rights.

    2. Re:The ESA vs HoTU by mwvdlee · · Score: 1

      So, uhm... exactly how long does a product need to be out-of-sale to be considered abandonware? And does that mean out-of-sale at your local supermarket? Out-of-sale anywhere in the whole world? Not available at eBay? Unable to purchase the rights from the copyright holder? Because I'm pretty sure somebody's still willing to sell it if you give them enough money.

      The property is still for sale, even though you might not like the price.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    3. Re:The ESA vs HoTU by arkanes · · Score: 1
      Most abandonware really is - in many cases, it's not longer possible even to determine who the copyright holder actually is.

      HOWEVER:
      Abandonware, however reasonable and ethical it may seem, is not a legal concept, and copyright law doesn't care if you can't find the original author. There really isn't any wiggle room here at all. Now, that is at least partially a failing of our copyright system - requiring registration, for example, helps prevent this sort of thing - but as it currently stands, abandonware sites are clearly and unequivocably outside the law, and DMCA takedown notices sent to them are legit. Unless the person sending the notice doesn't actually own the copyright, which has happened.

    4. Re:The ESA vs HoTU by spyrochaete · · Score: 1

      "Abandonware" is a grey term. The purpose of Home of The Underdogs is to preserve out of print and unavailable software. Some of the titles mentioned in the ESA's letter were 20 years old. How often do you see DOS games for sale anywhere? These are pieces of history whose best interests are served best by gamers, not by publishers who would rather sit on the IP forever.

      And exactly how much of the profits of an Ebay sale do you think publishers and designers see?

    5. Re:The ESA vs HoTU by Kjella · · Score: 1

      Most abandonware really is - in many cases, it's not longer possible even to determine who the copyright holder actually is.

      Most of them are games companies that went out of business and their assets got purchased by a competing company, even if it only got shelved. It would not be very hard to track down the copyright holders of these games, if you really wanted to. The whole concept of abandonware is basicly to test if the copyrights are still being enforced, even though copyright doesn't expire by lack of enforcement.

      --
      Live today, because you never know what tomorrow brings
    6. Re:The ESA vs HoTU by LocalH · · Score: 1

      And what happens in the case of extremely rare games, where the only copies are in collectors' hands? You see, when old games are distributed for free like this, it helps keep them alive. If you have a copy sitting on every ROM "pirate's" hard drive, then you know that there's not much likelihood of the game disappearing off the face of the earth due to original media damage. You saw this type of thing happen in the television industry during the early years of videotape - tape stock was so expensive that programs were recorded over, and now much of our early TV history is gone forever. It is in the interest of the original artist to have the work distributed for free over the internet, as it helps keep that work in existence - what good is it to be the author of something if it ends up that all the original media is damaged?

      --
      FC Closer
    7. Re:The ESA vs HoTU by Tim+C · · Score: 1

      Just another example of clueless bullies hiding behind the DMCA

      They're not clueless, they're going after copyright violators. Now, I happen to be of the opinion that if some commercial work is out of print for more than some reasonable amount of time then it passes into the public domain. (There should perhaps be some proviso about ability to publish due to financial constraints or similar, but I'm easy on that).

      However, I do not believe that there is any such provision in copyright law. Therefore, abandoned or not, if the copyright on those games has not lapsed then HoTU is infringing copyright, and the "clueless bullies" are well within their rights to go after them.

    8. Re:The ESA vs HoTU by spyrochaete · · Score: 1

      I agree with you 100% that the law is on the side of the ESA and the software publishers, and that, despite their intentions, HoTU is taking a chance on the law. I only called the ESA clueless because they sent HoTU a boilerplate DMCA violation letter that did not apply to the crime.

      I guess my broader point, which I should have stated initially, is that the DMCA is not fleshed out well enough to enforce or defend accurately. It's a new breed of law that will take time to perfect by trial and error, and will have to be changed regularly to reflect the times.

      I personally would love to see old games freely available on the internet if they are no longer available otherwise, but I definitely sympathize with the designers and programmers whose livelihoods depend on sales. I wonder if anyone's bothered to *ask* publishers whether they mind their expired properties being shared.

    9. Re:The ESA vs HoTU by Fulcrum+of+Evil · · Score: 1

      The purpose of Home of The Underdogs is to preserve out of print and unavailable software.

      Noble as their cause is, it still runs afoul of the law. Copyright has no provision for dealing with abandoned works (though it should), so a DMCA notice is appropriate here.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    10. Re:The ESA vs HoTU by Dyolf+Knip · · Score: 1

      Copyright has no provision for dealing with abandoned works

      It used to. Copyright was 14 years long, and if someone still cared enough about the thing to fill out some paperwork you could renew it for another 14.

      But of course now we have the automatic "Forever minus a day" copyrights, enacted entirely to protect the 0.001% of copyrighted works that are still moneymakers after a couple decades.

      There have been a couple of suggestions here on /. for systems that combine a quick turnaround with the possibility for extended copyrights. E.g., the first 5 years is free, then $1 to renew it to year 10, then $2 for the next 5 years, then $4, $8, etc, etc, and no paying for it in advance. If Disney wants government protection for Mickey Mouse after 100 years, they can get it, but they'd best be prepared to pay through the nose for it ($2 million for the first century, $2 trillion for the second).

      --
      Dyolf Knip
  11. Accused until proven innocent by saskboy · · Score: 3, Funny

    With the fall of the Canadian Liberal government coming on Monday, Canada will be safe from Bil C-60 the Copyright Act amendment until at least the early Spring. This gives our American oppressed neighbours time to find a job north of the 49th, and spend time backing up their "content protected" CD collection to hard drive, or iPod without fear of abuse from the local constabulary.

    --
    Saskboy's blog is good. 9 out of 10 dentists agree.
  12. Why is this surprising? by d3ac0n · · Score: 5, Insightful

    I mean, does anyone here really think that if a law puts that much power into the hands of an organized business cartel, that it's NOT going to be abused? Did anyone here NOT see this coming? Frankly, with a law as broad and Monopoly empowering as the DMCA, it was only a matter of time. And not a very long amount of time either.

    Now, keep in mind, this is coming from a registered N.Y. State Conservative Party member, who listens to Rush Limbaugh every day, and voted for W. TWICE.

    The amount of Individual Freedoms this law steals from people is abhorrent. It offends every Freedom loving, Patriotic bone in my body. Unfortunately, Most people don't see this as a priority. Like many of our laws, it's a "Creeping Freedom Stealer". Much like the old story of the frog in the frying pan, most people won't notice it taking thier Freedom until it's too late.

    --
    Official Heretic from the "Church of Global Warming". Proven right thanks to whistle blowers. AGW = Flat Earth Theory
    1. Re:Why is this surprising? by Anonymous Coward · · Score: 0

      viva la revolution!

      I agree with you - 100%. Slowly chipping away at the freedoms we have until one day - we have none.

      Then it's going to get messy.

    2. Re:Why is this surprising? by Pig+Hogger · · Score: 1
      Now, keep in mind, this is coming from a registered N.Y. State Conservative Party member, who listens to Rush Limbaugh every day, and voted for W. TWICE. The amount of Individual Freedoms this law steals from people is abhorrent. It offends every Freedom loving, Patriotic bone in my body.
      This is strange. I suppose that a twice dubya-voting NY conservative rush-limaugh listener would lose no opportunity to trumpet that the DMCA was passed by a cigar-sucking democrat...
    3. Re:Why is this surprising? by richg74 · · Score: 1
      I mean, does anyone here really think that if a law puts that much power into the hands of an organized business cartel, that it's NOT going to be abused? Did anyone here NOT see this coming?

      Of course it's going to be abused, for the same reason that centrally-planned economic systems are always abused. The participants decide that economic rent-seeking through legal games and political manipulation is a lot less work than actually producing good products or services for a competitive market. Adam Smith (The Wealth of Nations) understood that; it is sad and ironic that so many so-called conservative politicians and pundits don't.

      This kind of law is, in a way, an excellent example of why good intentions are not a suitable paving material.

      (BTW, I'm not a conservative, but more of a classical liberal. But I think empowering monopoly, or putting in place the mechanism for a police state, is a Bad Idea in any case.)

    4. Re:Why is this surprising? by kfg · · Score: 1

      The amount of Individual Freedoms this law steals from people is abhorrent.

      There's a word for people who love Individual Freedoms.

      KFG

  13. DMCA is a Good Thing by repruhsent · · Score: 4, Funny

    The DMCA really is a good thing.

    Congress passed the DMCA a long while back (a few years now, IIRC). It's obviously withstood the test of time; if there was something illegal about it, the Supreme Court would have already overturned it. So, I don't see where anyone can complain. Obviously the only people who have problems with it are the software/movie pirates, and piracy is bad, right?

    We should all just try to get along with the DMCA instead of constantly badmouthing it. It's obviously a valuable and appropriate used piece of legislation.

    1. Re:DMCA is a Good Thing by Foobar+of+Borg · · Score: 2, Insightful
      I certainly agree. I mean, the RIAA and MPAA go through all that trouble and expense of drafting the legislation, making sure it is everything they wanted and more, and bribing^H^H^H^H^H^H^Hcontributing to the campaigns and special luxuries of our esteemed and irreproachable congressbeings to get the DMCA passed through our pristine halls of legislation. So shouldn't they be allowed, nay expected, to use it as much as they wish? This is America, damnit! We believe in private property here, and if a man can't use his own bought and paid for law as much as he wants, well then we're just heading for Communism, forced gay sex, bestiality, witchcraft and Gigli 2.



      BTW, whatever robot modded parent down needs to have his humor circuit replaced.

    2. Re:DMCA is a Good Thing by Travelsonic · · Score: 2, Funny
      Congress passed the DMCA a long while back (a few years now, IIRC). It's obviously withstood the test of time; if there was something illegal about it, the Supreme Court would have already overturned it.

      Fallical (odds are that isn't a word, but whatever) reasoning... I know this is a bad example for copyright issues, but Jim Crow laws enforcing segregation were around for almost 100 years before it was ended, and there was a lot wrong with it... just because there is something wrong does not mean that something should have been done already to prove it wrong or illegal... it takes more than that, escpecially when corporations are in control of our laws..


      So, I don't see where anyone can complain.

      It's called reading the article (RTFA), and doing your own research to get the other side. I can think of many things wrong with it The law has been used to impede fair use, for one thing that might bnot have been mentioned here.


      Obviously the only people who have problems with it are the software/movie pirates, and piracy is bad, right?

      RIAA logic... fair and square consumers are also impacted by the DMCA, people who write software are also affected... so no, this fallicious reasoning does not hold up.


      We should all just try to get along with the DMCA instead of constantly badmouthing it. It's obviously a valuable and appropriate used piece of legislation.

      Troll. There is no other expination for this... the use of parroting RIAA arguments... and faulty logic.



      Oh wait, couldn't this post be satire? A parody of the **AA's logic? It does reek of sarcasm when looked at it that way... I am confused now.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  14. I used to think Republican = Limited Government by rolfwind · · Score: 1, Offtopic

    At least that's what they tout.

    And now they are in power, they want a more and more powerful government in all areas - the only thing they are willing to downsize are social programs.

    Don't get me wrong, the Democrats suck too.

    George Washington was right when he told the American people to avoid a two party system at all costs.

    1. Re:I used to think Republican = Limited Government by Anonymous Coward · · Score: 0

      I guess you can't just create a new party in the USA, we have like 11. and were a 10 million heads country.

      I love this website, every day I love my grandparents more and more for not going to dig gold in the Wild West.

    2. Re:I used to think Republican = Limited Government by TheRaven64 · · Score: 4, Insightful
      George Washington was right when he told the American people to avoid a two party system at all costs.

      I am not an American, so this may not be accurate, but it is my understanding that Washington opposed the idea of political parties altogether - not just the situation that exists when you have only two. He believed that all candidates should stand on their own beliefs, not on a platform that is only a lose fit for their opinions but popular with a large, unthinking, group of the electorate.

      --
      I am TheRaven on Soylent News
    3. Re:I used to think Republican = Limited Government by rolfwind · · Score: 1

      Well,

      It's not that we can't create a new party (we have many but close to 0 representation in congress) - but our winner rules in many areas create an imbalanced representation compared to the parliaments based more closely on the purely English system.

      Certain positions require winner-takes-all but some should be more flexible.

      The other problem is Gerrymandering. Representatives of congress literally create the borders to their own districts, protecting against newcomers.

      The last problem has been the dominance of the career politician over the citizen politician in top politics. One recent example of citizen polician is probably Jesse Ventura. The rest of the bums are pretty much career politicians - beholden to their corporate allies.

    4. Re:I used to think Republican = Limited Government by Anonymous Coward · · Score: 0

      -1 incorrect. State Legislatures determine congressional districts, not US congressmembers.

    5. Re:I used to think Republican = Limited Government by Gryle · · Score: 1

      The Republicans want your privacy, the Democrats want your money. Which is why any bill with support from both parties should scare the heck out of you. When bilaterally-supported bills are announced, find shelter, 'cause it's getting ready to hit the fan.

      --
      Only two things are infinite, the universe and human stupidity, and I'm not entirely sure about the universe - Einstein
    6. Re:I used to think Republican = Limited Government by glsunder · · Score: 1

      same here. Then I grew up. There a lot of different factions in each political party. In the republican camp, there's the big military faction. Yep, that's big government. There's the social conservative. Yep, that's big government. There's the corporate welfare faction. Yep, big government once again.

      Face it. If they're IN government, they're for government. The problem is there are still a lot of people who believe the lie.

    7. Re:I used to think Republican = Limited Government by Anonymous Coward · · Score: 0

      "The Republicans want your privacy, the Democrats want your money"

      True but the often overlooked fact is Republicans ALSO want your money-- only they'll channel it indirectly though private industry that's artificially subsized with draconian government policing and laws. If they can squeeze you in that manner for a dollar--they rarely miss the opportunity.

      As for the Democrats--they have been in bed with AAs for decades now and have no interest whatsoever in protecting privacy as it interferes with AAs interests (Least we forget who passed DMCA)

      All government is not bad-- far from. Unfortunately Government today most certainly is. I fear government far more than any petty criminal. Ever since the commies croaked right wing thinking has been going nuts as if everything socially minded is bad.

      This in a nutshell sums up the reasoning... SURVIVAL OF THE FITTEST.

      If our ancestors had stuck to that motto at best we'd still be throwing deformed Spartan children off cliffs. At worse we wouldn't have made it out of the caves as we'd be too busy clubbing each other.

      "We the people" have spent thousands of years figting oppression (it sure wasn't the establishment that did). Unfortunately "the people" today are not the same ones and we've become so fat and lazy that few seem to show any respect to the injustices in history and you know what they say about those that ignore history.

      My thinking is people need to become slaves to the power hungry once again before they wise up. Far right groups like objectivists don't even believe in democracy. This form of slavery will be a great deal tricker to escape. Thankfully it will probably arise after I'm dead since we have so many freedoms and rights it will be awhile before they can dismantle them all.

    8. Re:I used to think Republican = Limited Government by coolGuyZak · · Score: 1
      I am not an American, so this may not be accurate, but it is my understanding that Washington opposed the idea of political parties altogether - not just the situation that exists when you have only two. He believed that all candidates should stand on their own beliefs, not on a platform that is only a lose fit for their opinions but popular with a large, unthinking, group of the electorate.

      I applaud your interpretation of one of the most esteemed Presidents of my fair nation. Unfortunately, both you and he forget one very strong counter-point. Americans are fucking retarded.

      Case in point: Teddy Roosevelt and the election of 1912. We were given 3 choices: Roosevelt, Wilson, and Taft. Wilson won, not because of the validity of his platform, but because TR and Taft split the ballot.

      Mods: Joke, not flame.

    9. Re:I used to think Republican = Limited Government by ClamIAm · · Score: 1
      I am not an American, so this may not be accurate,

      Actually, you should probably say "I'm not an American, so this may be more accurate than how you were taught..."

  15. Pirated Software by Anonymous Coward · · Score: 0

    Would these two activities be considered DMCA abuses?

    1. A pirated small name Internet software that phones home.

    2. Distributing non-broadcast TV shows (example: Stargate Atlantis; BayTSP and MGM).

    1. Re:Pirated Software by Mycroft_VIII · · Score: 1

      Minor off topic note: Stargate Atlantis is broadcast to over the air tv as well as on cable. It runs a season behind just like SG1 however.

      Mycroft

      --
      https://signup.leagueoflegends.com/?ref=4c3ed6600b6ea
  16. Mountain and Molehill by mumblestheclown · · Score: 2, Insightful
    The DMCA certainly does have its problems, both in initial design and in abuse of it 'in the field.'

    However, let's put things in perspective. What is *really* the bigger problem right now - a few (even a few thousand), bad yes, abuses of the DMCA or the completely out of control wanton disregard for copyright law that exists in many internet corners? The defenders of P2P for LEGITIMATE use lose their credibility if they are not equally realistic and aggressive in condemning and thinking of ways to stop illegitimate use.

    1. Re:Mountain and Molehill by Travelsonic · · Score: 1
      ...thinking of ways to stop illegitimate use.

      The problem with this is one that might not yet have an easy to implement solution: How would you do it?
      There is filtering by artist, but then the possibility of other things involving that artist that aren't illegal (if there are, of course) could be blocked.
      Filtering by title is another thing, but there are many different songs with the same title that the possibility of blocking an independent's work with the same title bo accident...


      The problem really isn't coming up with a solution... but impkementing it so it only blocks illegal content without interference to legal content in any way.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    2. Re:Mountain and Molehill by Anonymous Coward · · Score: 0

      what about corporate and monied interest puting a virtual lockdown on mans' intellectial creativity and output? Thoughs and ideas will have a price and ownership more and more into the future leading to a new and corrosive type of feudalism. They want to freely build on the indeas of past but totaly own the future with regards to knoweledge. Until they protect the public domain and find way to keep enriching it for the good of man, there will be reactions like we are seeing. There has to be a relvant public domain. Make your dollars for your work for a limited time then move on, you are not allowed to infinitely squat on your ideas. That is what copyright and patents are for.

      The last thing we need are robber barrons invading and controlling the intellectual and artistic space without any checks or balance.

    3. Re:Mountain and Molehill by mumblestheclown · · Score: 1

      Oh come on. Given all the ingenuity that is put into circumventing controls, a bit can be put into enforcing community support against piracy. Just as a 10-second idea, how about something akin to a reputation system, where certain users are given weight for correctly identifying copyrighted works and gain, for example, download credit for doing so? Yes, this is not a complete or well thought out idea, but my point is that certainly something can be thought up. There would even be a system of punishing those who introduce offending files into the system and so forth.

    4. Re:Mountain and Molehill by oneandoneis2 · · Score: 1

      The defenders of P2P for LEGITIMATE use lose their credibility if they are not equally realistic and aggressive in condemning and thinking of ways to stop illegitimate use.

      We already did - but for some strange reason, telling the music & movie industry "Stop pricing discs to earn a dollar profit for every cent you spend and you'll remove the incentive for piracy" didn't get greeted with much enthusiasm! :o)

      --
      So.. it has come to this
    5. Re:Mountain and Molehill by Foobar+of+Borg · · Score: 1
      how about something akin to a reputation system, where certain users are given weight for correctly identifying copyrighted works and gain, for example, download credit for doing so?

      You mean something like the slashdot mod system? Surely you can't be serious!

    6. Re:Mountain and Molehill by mumblestheclown · · Score: 1
      Actually, I know your comment was tongue in cheek, but recall nevertheless that prior to the introduction of all those $1 / song services, these messageboards were teeming with messages that said, flat out, "charge a fair fee, say, $1 per song, and then we will have an alternative and not need to pirate."

      The lesson from that adventure was basically that there are a lot of people here with convenient ethics.

    7. Re:Mountain and Molehill by ultranova · · Score: 1

      What is *really* the bigger problem right now - a few (even a few thousand), bad yes, abuses of the DMCA or the completely out of control wanton disregard for copyright law that exists in many internet corners?

      Abuses of DMCA. Wanton disregard for copyright law doesn't seem to be harming anyone - or at least I haven't heard of any entertainment company going under from them - whereas abuses of DMCA harm real human beings.

      Also, one must wonder: Why are Elvis's songs still under copyright, when the man has been dead for years ? If someone copies them, and is caught, who is really making mockery of copyright: the one copying dead mans songs, or the one suing him for it ?

      There just might be a good reason why copyright laws aren't respected...

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    8. Re:Mountain and Molehill by Anonymous Coward · · Score: 0

      These companies have perverted copyright law to the point where it is now. They sue children and the elderly for hundreds of thousands of dollars. They violate millions of computers using rootkits, and then say they did nothing wrong. Are you really arguing that these abominations deserve protection, so they can continue their destruction?

    9. Re:Mountain and Molehill by theLOUDroom · · Score: 1

      What is *really* the bigger problem right now - a few (even a few thousand), bad yes, abuses of the DMCA or the completely out of control wanton disregard for copyright law that exists in many internet corners?

      There's only about a million thing wrong with this line of thinking. One REALLY, REALLY obvious one being that there are internet site outside of the US.

      The defenders of P2P for LEGITIMATE use lose their credibility if they are not equally realistic and aggressive in condemning and thinking of ways to stop illegitimate use.

      That's silly. They maybe related but they certainly aren't the same issue, as you're making them out to be.
      For example, I believe in both legitimate use of p2p AND I believe that a lot of the shit that's illegal right now shouldn't be.
      So basically I'm saying that we ALREADY have too many bullshit laws, AND we shouldn't be passing new bullshit laws. I think that's a pretty freeakin consistent viewpoint. You might not agree with it, but that does not automatically made it not credible.

      --
      Life is too short to proofread.
    10. Re:Mountain and Molehill by Darren+Winsper · · Score: 1

      I imagine lots of those people are using such music stores now. The fact that they're selling like hotcakes seems to indicate so. I'd be happy to pay a quid a song, just so long as it was high-bitrate non-DRM. Otherwise, I may as well get the CD.

    11. Re:Mountain and Molehill by Lehk228 · · Score: 1

      allofmp3.com

      something like a penny per meg and

      --
      Snowden and Manning are heroes.
  17. Partisan tactics by headkase · · Score: 4, Interesting

    I don't get you US consumers. What can you do to resist? Slashdot is great for bitching and whining but other than awareness-of does little to correct the issues. I don't need to yet in my country (Canada) but you guys from my point-of-view need to engage in some armed insurrection. Not physical arms of course, somebody might get hurt. Instead how about organizing and really using the first box in the defense of liberty, the soap box?

    Here's the quote about boxes if I remember it right:
    There are four boxes to defend liberty with: the soap box, the jury box, the voter box and the ammo box. Use in that order.

    --
    Shh.
    1. Re:Partisan tactics by John+Whorfin · · Score: 1

      Shouldn't the jury box and the voter box be switched?

    2. Re:Partisan tactics by deimtee · · Score: 1

      Soap, Ballot, Jury, Ammo.

      --
      I'm guessing that wasn't on their radar screen...
    3. Re:Partisan tactics by headkase · · Score: 1

      Not when you constantly have to vote the bastards out like here with our Liberal party at the moment (massive kick-back scandal and all they have to really say for themselves is "we paid back all the money!", yeah, only because they got caught). The system is already corrupted, we're not starting from step one so everythings mixed in at all stages. Knock some laws down while slowly turning the tide of voting against whoever happens to suck most.

      --
      Shh.
    4. Re:Partisan tactics by killjoe · · Score: 1

      Throught history the only thing that has been shown to be effective is massive civil disobedience. That's not the soap box because it's based on action (although the soap box is probably what gets it going).

      Here is an idea. Since the geeks are the ones concerned about this issue how about for five minutes geeks disable any machine there in charge of. A simple "ifdown all" will suffice. Hell let's make it two minutes. Make that statement and watch the policians get in line to pander to you instead.

      Alas geeks are by nature not herd animals. Like cats you can never them organized or pulling in the same direction. Pity really, we should have more power then the doctors and the lawyers by now but most geeks are violently anti-union even if we call our union an "association" like the doctors and the lawyers do.

      --
      evil is as evil does
  18. C 60 by Anonymous Coward · · Score: 0

    I've read most of it, and it's definately not as scary as US copyright increases, in first reading it states: 31.1 (1) A person who, in providing services related to the operation of the Internet or other digital network, provides any means for the telecommunication of a work or other subject-matter or a reproduction of it through that network does not, solely by reason of providing those means, infringe copyright in that work or other subject-matter. (2) A person referred to in subsection (1) who performs any other acts related to the telecommunication that render it more efficient, including the caching of a reproduction of the work or other subject-matter, does not, by virtue of those acts alone, infringe copyright in the work or other subject-matter. [http://www.parl.gc.ca/38/1/parlbus/chambus/house/ bills/government/C-60/C-60_1/C-60-4E.html%5D

  19. Self Sustaining Argument by wellybog · · Score: 4, Insightful

    This story just served to remind me how pointless it is to try and enforce law on the internet.

    Perhaps the various copyright enforcement agencies would do better if they changed themselves into education agencies.

    It doesn't take a genius to understand that piracy kills the product being pirated. Most people like the own the "genuine" article too though (so you make your money in the long run).

    Oh hell... this is a big old can of worms. They invent an anarchic network topology (the internet) that is self sustaining and deliberately uncontrollable - then they try to control it.

    How stupid is that.

    1. Re:Self Sustaining Argument by TubeSteak · · Score: 1
      It doesn't take a genius to understand that piracy kills the product being pirated.


      Are you kidding me? Microsoft, the RIAA, the MPAA and a huge number of other companies continue to post significant growth figures despite piracy.

      Your statement might apply to physical products, but even then you're not 100% correct. Retail industries have been dealing with "shrinkage" ever since people started stealing from stores.

      Even in Asian countries like China (who make us look like amateurs when it comes to piracy) they still have growing music, film and software industries. The music studios over there adapted their business model to exclude cd sales as a means of profit & have instead focused on live performances.

      They still make money hand over fist

      Some of the things you said were +1 Interesting,
      but not +1 Insightful
      --
      [Fuck Beta]
      o0t!
  20. Chilling Effects by Misch · · Score: 4, Informative

    ChillingEffects.org keeps a library of submitted DMCA takedown notices.

    --

    --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
  21. Nooooooooo!! by lurch_ss · · Score: 1

    Anything but Gigli 2!

  22. Re:Definition of occasional as used by DMCA enforc by Namronorman · · Score: 1

    http://www.copyright.gov/legislation/dmca.pdf

    There is a lot of uh... loosely written stuff there that can be interpreted by whatever billion dollar budget company sees fit. I think they just wrote the same stuff over and over again using different synonyms to make it look long, while in fact it's just saying, "HEY! Use us however you want *insert a Captain Plan... err Pollution the power is your's*!

    --
    $fortune
    Tomorrow has been canceled due to lack of interest.
  23. I hate the DMCA as much as anyone by Anita+Coney · · Score: 1

    But the 30% figure is meaningless. First, it appears to be a purely subjective determination. It's not as if 30% of the notices were determined to be served in violation of the DMCA by yhe courts.

    And second, and MUCH worse, is where the notices were obtained. "900 notices collected by the Chilling Effects project."

    The sample is NOT an average sample thus the results are flawed. Of course the notices submitted to the Chilling Effect project are going to be egregious. Why else would anyone submit them?! The fact that only 30% were determined to have been served in violation of the DMCA seems pretty good considering the source.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
    1. Re:I hate the DMCA as much as anyone by Bruce_Nash · · Score: 2, Informative
      This issue is discussed in the report, (http://mylaw.usc.edu/documents/512Rep-ExecSum_out .pdf - PDF, http://mylaw.usc.edu/documents/512Rep/ - HTML).

      The data set falls into two halves -- self-reported takedown notices and takedown notices sent to Google. The Google part of the set is a complete record of all the notices they have received over the last 3 years or so.

      One would expect the self-reported notices to have a bias, but it turns out that Google notices shows the same proportion of flawed notices: 30%.

      Bruce

      (Full disclosure: my wife is one of the co-authors of the paper.)

  24. Vile Criminals by endoplasmicMessenger · · Score: 2, Funny

    I heard that someone actually had the audacity to put a small piece of tape on the outer edge of one of those DRM'ed Sony CD's to disable the copy protection. What brazen defiance of the DMCA! I'm waiting for the lauch of the ??AA's program of lawsuits to put such vile criminals behind bars where they belong!

    --
    Evolution is a fact. Darwinism is a joke.
  25. Where do I send the invoice? by NickFortune · · Score: 2, Funny
    Hey, if we're all that corrupt, where's all the baksheesh I've got coming?

    I demand my unfair share, right now or I'm going back to voting ethically and intelligently.

    --
    Don't let THEM immanentize the Eschaton!
    1. Re:Where do I send the invoice? by TubeSteak · · Score: 1

      I'll let you in on a little secret: The lower your UID, the more your vote counts.

      Case in Point: On the current /. Xbox 360 poll
      3823 votes (11%) claim that "CowboyNeal Stole Mine"

      What that really means is that CowboyNeal stole CmdrTaco's Xbox360.

      It's good to be #1

      --
      [Fuck Beta]
      o0t!
    2. Re:Where do I send the invoice? by NickFortune · · Score: 1

      *ahem* ...and furthermore, since my vote counts more than his, I want all of TubeSteak's baksheesh too. Right now. Don't think I won't do it.

      --
      Don't let THEM immanentize the Eschaton!
    3. Re:Where do I send the invoice? by mink · · Score: 1

      I thought Number 6 was Number 1...

      --
      Well I've wrestled with reality for thirty five years doctor, and I'm happy to say I finally won out over it.
  26. "the industry" by nurb432 · · Score: 2, Insightful

    When it comes to the legal 'industry' they are IN it.. Not just being bribed.

    Thats the beauty of being an attorney, the more stupid laws like this, the more money to go around.

    And remember, you get paid even if you lose.

    --
    ---- Booth was a patriot ----
  27. No by Create+an+Account · · Score: 3, Insightful

    If a weak man foolishly walks into an alley in a bad part of town and gets mugged, he is foolish, true. But that does not remove the blame from the mugger.

    If a woman wears provocative clothing in a bad part of town late at night and gets raped, maybe she was foolish for attracting attention, but she is not to blame for the rape. The rapist is.

    If you leave your home unlocked and you get robbed, you will probably feel angry at yourself for leaving the house unlocked. The blame for the robbery, however, is purely the robber's.

    If the American electorate is overly susceptible to media influences, call them gullible. That does not make the shark-like actions of the corporations any more acceptable. Even using the metaphor of a shark (they shouldn't be blamed; it's in their nature) is a better reason to take precautions against them, not a worse one.

    If you're still reading this, I had a previous discussion on slashdot where we talked about some of this:

    http://yro.slashdot.org/comments.pl?sid=167485&cid =13964842

    1. Re:No by dwandy · · Score: 1

      Your "weak man", "woman" and "b'n-e victim" are definitely all the victim of crimes, and yes, in each case, it was the perpetrator who is guilty and 100% responsible for the illegal activity.
      The difference is that as long as corporations are acting within the law and take advantage of laws, or even get laws created - even if these actions are immoral - they have done nothing illegal. The mandate of a corporation is to maximise return for shareholders. If they can get a law passed that forces every household to give them $100 every year, then so be it.
      The solution can't be to expect the shark to stop feeding - it is in their nature. So I agree that the solution needs to be to take additional precautions, and yes, some of that precaution might be to diminish or eliminate direct (financial) coercion.
      Is that going to fix the problem? I doubt it, since power attracts corruption, and the power still exists (and must exist). So after all of this I don't have a solution other than to try and work within the system - mail, phone, visit your representative(s). With enough pressure they will forget the campaign contributions ... politicians live and die by the voters ballot - money they can get anywhere.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    2. Re:No by smoker2 · · Score: 1
      If you walk along the cliff tops with your eyes closed and you fall off, is it the cliffs fault ?

      Of course not, sometimes you have to accept responsibility for things that happen to you. So all your examples can be twisted the other way.

      I mean, what does the word "provocative" mean ? Why were locks invented ?

      Your last comment about the american electorate was closer, in that you recognise that you have to actually make a choice and do something about situations you don't like, not just whine about it later when the bad thing has already happened, and you wish you had done something earlier.

    3. Re:No by Create+an+Account · · Score: 1

      If you walk along the cliff tops with your eyes closed and you fall off, is it the cliffs fault ?

      This is a pretty facetious analogy. Doing something stupid to yourself and having something done to you by malicious others are not the same things. Being deceived by skillful liars is hardly an offense.

      ...sometimes you have to accept responsibility for things that happen to you.

      You're kidding, right? You should only take responsibility for decisions you make and actions you take. You have to live with things that happen to you, but that's different from accepting responsibility.

      So all your examples can be twisted the other way.

      Sure, any examples can be twisted. This has nothing to do with the original point I made.

      I mean, what does the word "provocative" mean ?

      You're dodging my point. Next we'll be arguing over what the meaning of the word 'is' is.

      Why were locks invented ?

      Because there are bad people out there, that want to do bad things. We respond by making it harder to do those bad things. This is a perfect example of what I am suggesting with regard to corporations: let's make it harder for them to do things that are bad for us.

    4. Re:No by Quattro+Vezina · · Score: 1

      Cliffs are not sentient beings that are capable of making choices. Muggers and rapists are.

      --
      I support the Center for Consumer Freedom
  28. & the recent amendment to the Texas Constituti by Anonymous Coward · · Score: 0

    The recent amendment to the Texas Constitution further disenfranchises gays and lesbians by denying the right to marry or have legally recognized relationships on the same level as marriage. I'm not trolling; this will likely be used against surviving gay partners by other relatives in order to deprive them of inheritance rights, and used against partners trying to make medical decisions for incapacitated spouses, and used to dismiss adoptive parental rights of surviving partners, etc.

    We've been told the law would never be enforced that way, but we know it's a lie. These sorts of things were already happening, but now there's a stronger legal basis for the discrimination.

  29. Don't atack the DMCA, attack the root by argoff · · Score: 4, Interesting

    Attacking the DMCA is like attacking the leaves of a vine, and not the root of it. No matter how hard you pluck off those leaves, they will always grow back in some other form untill you attack the root.

    The root of the problem here is societies own belief in copyrights. The DMCA is simply taking it to it's logical conclusion, along with the continuious extensions, and all the other abuses associated with copyright. People need to stop looking at copyrights as ever being a benefit, but rather as a burdon that was bearable 25 years ago when the biggest issue was copy machines and copyrights only lasted a few years. Not anymore. The burden copyrights require is too much to bear in the information age. Contrary to the hype, copyrights don't help many artists, and are anti free market. They are moral sewage that has robbed our culture and given it to hollywood, and they make it so that software companies who would otherwise strive to serve us - strive to controll us. The copyright system needs to die and take it's place on the trash heap of history.

    1. Re:Don't atack the DMCA, attack the root by Gryle · · Score: 1

      Bullcrap. Copyrights are not "moral sewage", they are vital to protecting the right of an artist. A copyright makes sure an artist is given credit for his or her work and it allows the artist to control how his or her work can be used. The problem comes when an artist cedes control of copyright to a corporation. Take Bill Waterson, for example, the cartoonist who created Calvin and Hobbes. He went through a fight with the comic syndicate (Universal I think) that distributed his comics because they began merchandising Calvin and Hobbes against his wishes. Problem was Universal Syndicate owned the copyright on the strip and not him. It took two years for Waterson to gain control of his own work back from Universal, at which point he was so wiped he went on sabbatical to recover. Any system has the potential for abuse and harm. Take Islamic suicide bombers, Christian abortion clinic bombers, crooked cops, dirty government officials, abusive civilian and military prisions and prision gaurds. The job of the responsible citizen is to keep an eye on the system and watch for abuses, correcting the abuses when spotted. I'll agree heartily that DCMA has problems, that Sony is taking things too far, that the **AA industries are greedy bullies, but destruction of the entire copyright system creates more problems than it solves. We need harsh reforms but not complete dismantlement.

      --
      Only two things are infinite, the universe and human stupidity, and I'm not entirely sure about the universe - Einstein
    2. Re:Don't atack the DMCA, attack the root by argoff · · Score: 1

      You don't get it. When you assert the right to controll how other people use information at their disposal, than these kinds of problems are predestined to grow out of controll (like they have today).

      It's like freedom of speech, once people start trying to controll what people can talk about a little bit - it always grows out of controll till there is no free speech. Which BTW there is no technology that can distinguish between copyright content and free speech content.

      ... they are vital to protecting the right of an artist. A copyright makes sure an artist is given credit for his or her work and it allows the artist to control how his or her work can be used....

      Copyrights do not give credit for works, and they are not protection - they are monopolies. And monopolies do not help little guys, they help big bullies. Just because I copy Madonna, doesn't mean I'm denying that she wrote that song (which ironcally, was probably plaguerised).

      ... The job of the responsible citizen is to keep an eye on the system and watch for abuses, correcting the abuses when spotted....

      Agreed, but copyrights by their very nature are abusive. They are the root, and the consequences are obvious even to you. It doesn't take much genius to follow the branches of the vine back to the root.

    3. Re:Don't atack the DMCA, attack the root by Gryle · · Score: 1

      I'm not denying the abusive power a copyright can hold. But if you write or create something, then you, as the creator, have the right to determine how you want your work to be used. If you want to open your creation to completely unconditional use go for it. If you want to stipulate how your work can be used then it is your right.


      And monopolies do not help little guys, they help big bullies.


      Copyrights (and patents for that matter) are tools useful to the holder. In the modern situation copyrights are the weapon of choice for large companies because they hold all the copyrights. The copyright benefits the little guy if and only if (note the emphasis) the people are responsible enough to make sure the little guy can hold onto his copyright. Most times the big company has enough muscle and the people aren't responsible enough to keep the bullies in check.


      ...but copyrights by their very nature are abusive


      I wholeheartedly disagree. They are tools, nothing more.


      They are the root, and the consequences are obvious even to you. It doesn't take much genius to follow the branches of the vine back to the root.


      The real root of the problem isn't the system, it's human nature. At the core, humans are selfish greedy creatures. If you don't believe me, visit a Christmas sale at a big department store sometime. People are using copyrights for selfish ends.


      Ironically, when you force people to let others use their works however they like, you are placing a restriction on the person who created the work, which is really just another form of control


      --
      Only two things are infinite, the universe and human stupidity, and I'm not entirely sure about the universe - Einstein
    4. Re:Don't atack the DMCA, attack the root by argoff · · Score: 2, Insightful

      But if you write or create something, then you, as the creator, have the right to determine how you want your work to be used.

      That's not true. People create things all the time that are used in way's they didn't intend to. Did the creator of TNT desire it to be used in killing millions? Did the creator of the phone intend for it to be used in stalking? Creators rights are not controll rights.

      Now, Does the creator have a right not to share this creation with the world if they don't want to, sure - it's called a privacy right. Do they have the right to two way binding agreements with people about how a creation is used, sure - it's called a contract right. Do they have recognition rights, sure - if I claimed I wrote somthing I didn't then that would be fraud. But I know of no right of creation. Besides, there is a creator bigger than you that gave information one set of characteristics, and physical property antoher - so in all fairness, who'se violating who'se terms now.

      ...I wholeheartedly disagree. They are tools, nothing more.

      That's outrageous. It's like saying slavery is a "tool" and nothing more. Bullshit, it's a form of unjust controll and nothing more. The same with copyrights, the right to controll how people use information at their disposal is not a tool or a right.

      The real root of the problem isn't the system, it's human nature. At the core, humans are selfish greedy creatures. If you don't believe me, visit a Christmas sale at a big department store sometime. People are using copyrights for selfish ends.

      If that is so, then you don't know what it means to be human. It is human nature to make our best interest to look out and work for the best interest of others, but sometimes that doesn't happen because we are finite, or we use our free choice to deny that nature. Copyrights reward people who harm society, a reward that is no longer bearable or tenable in the information age.

      Ironically, when you force people to let others use their works however they like, you are placing a restriction on the person who created the work, which is really just another form of control

      What are you talking about. I'm forcing noone to make a creation, I'm forcing noone to let me use their creation, rather they are spewing it everywhere and then when I make use of a copy they try to controll me and extract royalities. As far as I'm concerned, they can have their creation, in fact they already do - they have their original copy, and they haven't let me do anything with it.

    5. Re:Don't atack the DMCA, attack the root by Gryle · · Score: 1

      "Copyrights reward people who harm society, a reward that is no longer bearable or tenable in the information age."
      "Besides, there is a creator bigger than you that gave information one set of characteristics, and physical property antoher - so in all fairness, who'se violating who'se terms now."

      Can you unpack those statements for me? I'm not entirely sure what you're trying to say.


      The same with copyrights, the right to controll how people use information at their disposal is not a tool or a right.
      See, now I'm not sure if we're even on the same page. I'm talking about copyrights to created works like books, music, artwork. What copyrights are you talking about?


      It is human nature to make our best interest to look out and work for the best interest of others, but sometimes that doesn't happen because we are finite, or we use our free choice to deny that nature
      What are you talking about? No, human nature is look out for number one and say "screw everyone else". Ever seen a group of toddlers at play with toys? They don't share naturally, they take what they want and fight with each other when they want the same thing. It takes an older individual to explain the concept of sharing to them because sharing does not come naturally to toddlers. If it did, we wouldn't have to explain it to them.

      --
      Only two things are infinite, the universe and human stupidity, and I'm not entirely sure about the universe - Einstein
    6. Re:Don't atack the DMCA, attack the root by petrus4 · · Score: 1

      Copyrights are not "moral sewage", they are vital to protecting the right of an artist.

      As long as it is the actual artist that holds the copyright, yes. As you say though, far too often they end up being held by the publishing company, and the artists themselves get the shaft. The companies wail about how copyright protects artists because they know we care about that...what they don't tell us though is that there intent is to hide behind that, and then take said copyrights themselves.

      The job of the responsible citizen is to keep an eye on the system and watch for abuses, correcting the abuses when spotted.

      In theory, that sounds great. In the real world, however, it generally doesn't happen. This is why, instead of allowing laws like the DMCA which are prone to abuse to get through, they should be prevented from being passed in the first place.

      The grandparent post's author was a Communist. Unfortunately we have a lot of those on Slashdot. I however agree with your assertion that copyright itself should be allowed to survive...but that specific laws like the DMCA should be repealed. Copyright should IMHO be allowed to stand on its' own.

    7. Re:Don't atack the DMCA, attack the root by Gryle · · Score: 1

      The grandparent post's author was a Communist. Unfortunately we have a lot of those on Slashdot.
      Ah, I'm new here, I haven't learned my way around yet.

      --
      Only two things are infinite, the universe and human stupidity, and I'm not entirely sure about the universe - Einstein
    8. Re:Don't atack the DMCA, attack the root by argoff · · Score: 1

      The grandparent post's author was a Communist.

      FYI, I am libertarian. There is quite a difference. Perhaps you should read this http://slashdot.org/comments.pl?sid=169258&cid=141 07894 It is anything but communist.

    9. Re:Don't atack the DMCA, attack the root by petrus4 · · Score: 1

      Ah, I'm new here, I haven't learned my way around yet.

      In that case, some advice:-

      1. Go to Wikipedia and study the articles there about Communism, the various branches of Socialism, Karl Marx, Lennin, and Trotsky. This will assist you in understanding the philosophical position of many of the people who post here. If you consider corporations to be the embodiment of hell-spawned evil, that will also help you fit in on this site. The people here generally will not admit to being Communists, and will protest strenuously and resentfully if they are labelled as such...however, if you become intimate with Marx's perspectives, you will be able to identify that by their own philosophies they in fact are, despite their denial of it.

      2. Learn as much as you can about Richard Stallman, since (especially if you decide to begin using Linux) he's someone who you'll be hearing mentioned a lot on Slashdot...he tends to be worshipped more or less as God around here. Make sure you read both positive and negative info on him as well, if you can find it...since both exist, but unfortuately the perspectives of too many people around here about him are single-mindedly positive, while ignoring the negative elements that genuinely do exist.

      3. If you're going to use Linux, make sure you're aware of what it is and is not good for. Linux is a fantastic environment for programming, secure Internet use, office work, and for if you want a GUI/Windows equivalent that you can customise from the ground up. However, if you're a gamer, I'd either dual-boot with Windows, or else simply stick with Windows entirely. That is not to say that games don't work with Linux at all. Most do; it's just that the amount of screwing around needed to get them to work is likely more than you're interested in doing. Also make sure you get a distribution that is not based on Red Hat, or using the RPM package manager. There is Linux as it existed before Red Hat, and then there is Red Hat...and the two are not the same thing. Also, try to have as little to do with the rest of the Linux userbase as is humanly possible for the most part, since the vast majority (although not *quite* all, thankfully) of them are extreme-leftist morons in my experience.

      4. Don't buy into Richard Stallman's bullshit. In fact, after you've studied him primarily in order to understand the mind of the average Slashdotter, you will be best served by ignoring him in general as much as possible. Stallman would like you (and everyone else who doesn't know better) to see him as the leader of a hippie revolution, the end goal of which is the complete commoditisation of free software/information. In reality however, he is simply an authoritarian, chronically autistic narcissist. When he talks about freedom, what he actually means is that he wants people to have the freedom to do what he decrees, and only what he decrees. You'll learn that fairly quickly when you see what the perspectives of his worshippers are on a lot of things. Laura Didio (a staffmember of an IT consulting group) having been issued with death threats and other forms of harassment was a good example of the real character of Stallman's followers, despite the propaganda you'll likely come across.

      5. Develop an ability to ignore extremely idiotic/juvenile attempts at humour. Despite users here considering themselves intellectuals, 98% of what gets moderated Funny is the type of material that most five year olds would probably be ashamed of.

      6. Don't take the supposed hatred of Microsoft that you'll see here seriously. Slashdot's userbase is made up of less Linux users these days than it used to be. Microsoft get bashed here because there is a lot of groupthink here and an "in" mentality, (which you'll learn about after you've been here for a bit) but a fairly sizable group of the users currently here are actually Windows sysadmins or developers.

      7. If you're a monotheist, (Christian or Islamic) keep it to yourself. Although most of the people you'll come across here will likel

  30. Will never happen by argoff · · Score: 1

    Perhaps the various copyright enforcement agencies would do better if they changed themselves into education agencies.

    They would never do that, because educated people would learn that just as the industrial revolution forced the commoditisation of the labor force and the ugly death of the slavery system, the information age is forcing the commoditisation of information and the ugly death of the copyright system ... and would realise those arguments about "property" rights are completely bogus.

    An educated peoson would realise that the copyright system is directly responsible for Hollywood stealing away American culture. They would realise that it has made it so that software companies strive to controll us rather than serve us. They would realise how the copyright system is directly responsible for students being exploited by publishers on a massive scale. They would realise that the copyright system doesn't help but the tiniest fraction of creators, and that copyrights are antifree market - and lock out more opportunities than they promote.

  31. Still infringment, but it shouldn't be by bluGill · · Score: 1

    No, it is still infringement to have a copyrighted game on the web. Those notices are correct.

    The problem is that copyright lasts far too long, not that they are being told to take down copyright games. It should be that those downloads would be legal, even if the company was trying to sell them retail.

  32. and that word is... by orgelspieler · · Score: 1
    Choose from the following:

    A) terrorist
    B) evildoer
    C) liberal
    D) anti-American
    E) activist
    F) heathen

    1. Re:and that word is... by kfg · · Score: 1

      You left out:

      G)Cowboy Neal
      H)Boobs!
      I)All of the above

      KFG

  33. The Solution: Report the Attorneys! by Anonymous Coward · · Score: 2, Interesting

    Posting anonymously since I'm a third year law student currently looking for a job :)

    The solution to this is actually pretty straightforward; Report the attorney to their state bar association for a ethics breach. In sending out as takedown notice the signing attorney needs to sign the statement stating that there is a good faith belief that there is copyrighted content on the website. If it's patently obvious that there isn't such work then the signed statement is false. Realize that while attorneys represent their clients they are required to make a good faith effort to make sure that any statements they make to the court or on legal documents aren't false. Most likely one or two complaints won't do much, but a flood again an individual attorney might get them sanctioned.

  34. Law and Money by Create+an+Account · · Score: 1

    The difference is that as long as corporations are acting within the law and take advantage of laws, or even get laws created - even if these actions are immoral - they have done nothing illegal. The mandate of a corporation is to maximise return for shareholders. If they can get a law passed that forces every household to give them $100 every year, then so be it.

    I accept that what they are doing is legal. I do. Really. The problem is that it is bad for us (people), and they (corporations) get to decide what is legal. I am not arguing that we sue them, I am arguing that we try to change the ground rules.

    With enough pressure they will forget the campaign contributions ...

    Well, no. "Enough pressure" is an impractical goal, because

    politicians live and die by the voters ballot

    but those ballots are largely driven by campaign spending and

    money they can get anywhere.

    but the most comes from coporate spending.

  35. I think "they" got hold of the same list. by MarkusQ · · Score: 2, Funny

    There are four boxes to defend liberty with: the soap box, the jury box, the voter box and the ammo box. Use in that order.

    I think "they" got hold of the same list, and their response plan went something like this:

    • Soap box -- let's consolidate all the news outlets in the country under a few corporate trees. Then fire a few warning shots at any reporters who don't get the memo.
    • Jury box -- No prob. Push the right of appeals so that everything can go to the SCOTUS. No jury there, and we can pack it with corporate-friendly judges by distracting the sheeple with some made-up hot-button issue. What do you think, evolution? Or should we stick with abortion?
    • Ballot box -- Check with Steve on how that e-voting thing is coming along.
    • Ammo box -- Before we write this one off, is there any way we can get our margins on domestic arms sales up closer to what we make selling the big stuff over seas? I know we can shut 'em down with the Patriot stuff, but I just feel like we'd be walking away & leaving money on the table.

    -- MarkusQ

  36. Well, that's the reality of government by Ulrich+Hobelmann · · Score: 1

    The bad people usually sign up first, and pay the most.

    If you guys in the USA don't like it (and I don't think you should), do something. Write to your congressmen and senators. Tell them that the DMCA does lots of harm to your country.

    It might not help, but it's a beginning.

  37. I hereby inform you... by Hosiah · · Score: 1

    ...under powers entrusted to me under Section 47, Paragraph 7 of Council Order Number 438476, that Mr Buttle, Archibald, residing at 412 North Tower, Shangri La Towers, has been invited to assist the Recording Industry Association of America with certain enquiries, the nature of which are ascertained as the Digital Millennium Copyright Act, and that he is liable to certain obligations as specified in Council Order 173497, including financial restitutions which may or may not be incurred if Information Retrieval procedures beyond those incorporated in Article 7 subsections 8, 10 & 32 are required to elicit information leading to permanent arrest. This is your receipt for your husband...thank you. And this is my receipt, for your receipt.

  38. "Safe Harbour" conflict with Anti-Spam/Virus! by lkcl · · Score: 3, Interesting

    A service provider must satisfy the following critical elements in order to qualify for the "safe harbor" or protection from liability provided by subsection 512(a) (note that subsection 512(k)(1)(A) defines "service provider" as used in subsection 512(a)):

      (e) The service provider must not modify the communication selected by the Internet user [512(a)(5)];

    so, if you "modify" the email to put "X-Spam" tags in it, you no longer qualify for the "safe harbor" provisions.

    in fact, if you put ANY headers with the message, then the communication is "modified".

    1. Re:"Safe Harbour" conflict with Anti-Spam/Virus! by Anonymous Coward · · Score: 0

      Couldn't you argue that spam and viruses aren't "selected by the Internet user"?

  39. DMCA victim by romka1 · · Score: 3, Interesting

    I fall in those 30% for sure, the hosting companies when recieving DMCA notice will not bother to validate it and will not bother to hear a counter argument in your defence, its easier for them just to unplug your server, even though the law states that they have to allow for a site owner to defend against the take down notice.

    Especialy if the content of the site is somewhat questionable and the company issuing the take down notice is big (like microsucks)

    --
    Visit my site @ http://www.madtorrent.com
  40. He he he... by RecycledElectrons · · Score: 2, Funny

    I've never seen an apropriate DMCA notice, but in the 2004 election, I took out every web site that belonged to a Texas politicianin the other party - one week before the election. I'll do it again in 2006. I plan to take them out 2 months before the election, and file suits to stop them from coming back up.

    Life is good, politicians are helpless, and lawyers are too slow to do anything.

    God bless Texas!

    Andy Out!

  41. Libertarian Fascism by Pfhorrest · · Score: 1

    Interestingly, if you take a fascist-like view that corporations and governments go hand in hand with one another (i.e. are similar types of entities), and apply libertarian principles of keeping governments to a minimum, then you get the conclusion that not only do the governments have to go, but so do the corporations. And that solves your problem right there.

    Libertarianism only makes sense with its proclaimed ideas if it treats corporations that same as governments, and holds both to the same set of standards. This, to me, means that both should be kept as minimal as possible, by holding governments to the same standards of fiscal responsibility that shareholders hold their corporations, and holding corporations to the same standards of social responsibility that we hold governments. There shouldn't be a distinction made between the two because they ARE fundamentally the same - groups of people trying to combine their power to get their way, by manipulating interpersonal and economic interactions however they can get away with it. If we have a problem with one doing one thing, then we should have a problem with the other doing it too.

    The only (and very important!) difference between this view and fascism is that fascists hold that neither corporations nor governments should have to be responsible to anyone but themselves, while this view holds that both should be (both socially and fiscally) responsible to everybody they interact with.

    --
    -Forrest Cameranesi, Geek of all Trades
    "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    1. Re:Libertarian Fascism by NichG · · Score: 1

      It's an interesting thought, but the real question is 'how?'. You're basically describing a 'stabilized anarchy'. Normally if you have an anarchy, the first pair of people who realizes they can team up and repress the rest can gain all of the power. If the government is eliminated entirely then it can't prevent corporations from forming. If corporations (read large groups of people acting towards the same goal) are eliminated entirely then there's no check on government.

      With libertarianism, the idea is to just keep a sufficient government to prevent mob rule by associations of individuals, but severely curtail it in all other fields, so that those associations can still do large projects which would be impossible for individuals.

      I find the question of how to stabilize an anarchy quite compelling though. I don't think the last word has been said on that topic by any means. In some way, one has to ensure that force cannot be applied by any group on any other. Without the ability to enforce laws, there can be no government. But that assurance of non-forcing has to be implemented in such a way that it doesn't require the ability to apply force to be given to any person or group of people in the system.

      The internet seems to have that property for the most part. So one might say the internet qualifies as a stabilized anarchy, though since everyone has to go through businesses in their home countries and can be locked up by their own governments, it is perhaps only metastable. And it's hard to see how to apply the properties of the internet to any real-life interaction.

  42. Catch Us If You Can! by Bushido+Hacks · · Score: 0

    What fools these DMCA are. This thing has been around for about 7 years and still the inmates are running the asylum. If anything, at this point the nitpicking parts of the DMCA should just be dropped as they are more of a waste of taxpayer money. We have better things to spend our money on than hidden rootkits, lawyers who sue 12 year olds, and greed corporations who can't get it through their head that their music sucks and that pirates aren't stealing stuff that sucks.

    --
    The Rapture is NOT an exit strategy.
  43. A New Kind of Moderate by Pfhorrest · · Score: 2, Insightful

    The view that I take on this is what you might call "Populist Libertarianism".

    On the traditional political-spectrum chart as taught in political science classes, you have two axis - one of economic freedom and one of interpersonal freedom. Turning the chart on its corner, the "left" is liberalism, high interpersonal and low economic freedom, culminating in a purely socialist direct democracy; on the "right" is conservativism, high economic freedom and low interpersonal freedom, culminating in a purely capitalist complete dictatorship. This is the normal left/right spectrum we usually hear about, and both extreme ends of it have obvious problems with them.

    On the "top" is libertarianism, more of all freedoms (as nobody can tell anybody else what do do), culminating in anarchy; on the "bottom" is populism, less of all freedoms (as everybody has some control over what other people do), culminating in tyranny.

    When I speak of "Populist Libertarian" I'm basically saying "moderate", but in a way most people don't think of it. People think of moderates in terms of the left/right schism but completely ignore that while we're maintaining some equilibrium between the left and the right, we're sliding gradually toward tyranny on both sides. Tyrannical liberalism becomes Stalin's communism, and tyrannical conservatism becomes Mussolini's fascism. The libertarians have a good point that we need to move away from such tyranny, but as you point out if you go too far in that direction you wind up in anarchy, which has just as many problems of an entirely different sort.

    The solution I envision is a system which acknowledges that factions and groups will exist, and allows them to exist, and allows them to form larger groups of groups, and so on and so forth, but applies to every group or meta-group the exact same set of standards as are applied to individual people. The same rules that properly govern interaction between groups of people should apply equally well to groups of groups, and so on. The same kind of standards which apply to a parent running a household should apply to a president running a country, and vice versa. If they don't, there's a problem somewhere in there - either you're governing your household or your country wrong.

    As for what exactly those common rules are, I believe in what are more or less the libertarian interpersonal ideals (you can do whatever you want, except do unto others what they don't want) with semi-socialist economic ideals - basically free-market capitalism overlaid with a 50% redistribution of wealth within the group, i.e. half of what anybody brings in is divided up evenly amongst the group. The specific way I encapsulate this is with two pairs of freedoms/responsibilities:

    - the freedom of liberty (to do what you want) and the responsibility to respect the liberty of others

    - the freedom of security (not to be done unto as you don't want) and the responsibility to respect the security of others.

    - the freedom of public property (you can do what you want with anything that's not owned by someone else) and the responsibility to respect public property (not to depreciate its value, which also encompasses environmentalism)

    - the freedom of private property (you can control the things you create or acquire) and the responsibility to respect private property (i.e. no theft or vandalism).

    The first and third of these are the usual emphasis of liberals, while the second and fourth are the usual emphasis of conservatives. I think they're all equally important.

    As to who actually enforces these laws, i.e. who "the government" is, each group has a directly elected triad of leaders, each tasked with a different area of responsibility. The Councillor's job is to oversee the internal working of this group, applying the rules to interactions between the people (or sub-groups, if this is a meta-group) within this group. The Governor's job is to oversee the interaction between this groups and other groups of the same level and act as a

    --
    -Forrest Cameranesi, Geek of all Trades
    "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    1. Re:A New Kind of Moderate by Reziac · · Score: 1

      The other problem with your system as proposed, is that MOST people want to just be left alone and not get involved. Which means only those who *want* to be in charge wind up doing stuff. And after a while we're back to a skewed system.

      However... back in the days when "Trespassers Will Be Shot" was legally and socially acceptable, there was a good deal more personal incentive to do your bit, if only because no one else was going to protect you if you didn't.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    2. Re:A New Kind of Moderate by Pfhorrest · · Score: 1

      However... back in the days when "Trespassers Will Be Shot" was legally and socially acceptable, there was a good deal more personal incentive to do your bit, if only because no one else was going to protect you if you didn't.

      That's a big part of why I structured it this way. I wanted to give people "direct" control over the enforcement of their own government, in the area where they most care about it (things that directly affect them), because that way they can't go "oh poo it's these people far away making bad decisions and I can't really make a difference in it." People's only direct involvement is in their most local affairs, which they are most likely to care about even without other motivation, because these are the people you interact with frequently (by definition, as the groups are self-selecting on that basis). So you *want* to have a say in whatever groups you're in, because you chose to participate in those groups. Voting in those groups is direct, and I imagine that most groups would tend to stay at a manageable size (because unmanageably large groups would split and come together under an umbrella meta-group), so it's just you and your peers deciding what's going to happen. There's a term I'm forgetting for the feeling people have that they have a say in and control of their government... that's what I think something like this will achieve.

      But since the only *direct* control is of the local groups, which will by their nature tend to stay small, and of course are self-selected as well, you avoid the problem of the tyranny of the masses that very large democracies exhibit. You effectively get a pluralist model, as higher and higher up the hierarchy, the groups are more and more abstract and divided along particular large-scale interests, motives or ideologies, so it becomes like competition between political parties. Also, the way that officers are elected in this system, you wouldn't wind up with power-mongers on political career ladders trying to become President of the World. This is because there are no campaigns, at least in the sense that there is no subset of the population who are "candidates". Everyone in a group is a candidate for any of the officer's elections, and the only people who can vote in that group are the members of that group, who aren't allowed to vote for themselves. I'm thinking of using Condorcet voting but that's a technical detail that doesn't really matter much.

      The point is that since no one is "announcing their candidacy" and having to get themselves put on a ballot - everybody automatically is - then someone like a quiet contemplative problem-solver who's really good at mediating people's problems, but would never think to "run for office" as we presently think of it, may be the people's most favored candidate for Councillor or something, and then voila, he is Councillor. If he really doesn't want to be and refuses to do the job, that'll probably lose him a lot of voter confidence and they'll elect someone else. And these elections are continuous where everybody just has their current preference-order registered and whoever wins according to the current selection of registered votes, is the current [whatever]. (This may sound like a lot of vote-recounting every time someone's opinion changes, but remember, these are small groups we're talking about, at every level). So you've got to keep doing a good job while you're in charge or else you're not in charge anymore. Automatic impeachment, automatic election.

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    3. Re:A New Kind of Moderate by Reziac · · Score: 1

      Occurs to me that you've just reinvented the idealized feudal system -- where people are largely responsible to and of themselves, and the higher-ups are only for when the locals can't deal with something. In turn, the higher-ups are responsible for protecting the lower levels (against outside forces, or from one another) and can be appealed to directly if the local level isn't doing the job.

      And if you don't do the job, someone else will, probably without consulting you. :)

      The main problem is this tends to fall apart when population pressures increase to the point where a lot of people's feet are routinely stepped on.

      BTW in my fiction (an ongoing space opera) this essentially describes the currently dominant gov't (tho there is a hereditary power structure, who are sometimes, ah, "removed" if unsatisfactory, and no concept of voting); however, they're also in a postwar period of marked population decline. So people have to be responsible to and of themselves, cuz no one else is gonna do it for them!

      [Myself, I've ceased to believe in democracy; as someone once described it, "Three wolves and a sheep deciding what's for dinner."]

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    4. Re:A New Kind of Moderate by Pfhorrest · · Score: 1

      Occurs to me that you've just reinvented the idealized feudal system -- where people are largely responsible to and of themselves, and the higher-ups are only for when the locals can't deal with something. In turn, the higher-ups are responsible for protecting the lower levels (against outside forces, or from one another) and can be appealed to directly if the local level isn't doing the job.

      I'm not familiar with this term "idealized feudal system". Is this a historically implemented political system or something entirely theoretical? Do you have any links to further information about it?

      The main problem is this tends to fall apart when population pressures increase to the point where a lot of people's feet are routinely stepped on.

      I wrote a big response to this and thought I had already posted it but I guess I must have just previewed instead... I'll just sum up for now that I think resistance to problems increasing with population density is actually one of the strengths of this system, as groups dynamically divide and resize and form meta-groups depending on the manageability of the present group numbers. I don't want to rewrite the whole thing I just wrote all over again right now... maybe later. But I'm fairly confident that it would hold up regardless of population density.

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    5. Re:A New Kind of Moderate by Reziac · · Score: 1

      The term "idealized feudal system" was made up on the spot :) but the idea being that it omits the abuses of power that have traditionally been associated with a hereditary aristocracy; said abuses deriving largely from the Revised Golden Rule ("He who has the gold makes the rules"). If you don't have a massive skew between rich and poor, there's less ability to abuse power, because no one is so poor that they can't simply pack up and leave an undesirable sphere of influence.

      In my space opera ("The Epic" for short :) along with the hereditary feudal gov't, there's also a system of landbound serfdom (it isn't slavery; it's more like "this is MY village, dammit!") In practice, if your serfs don't like how you run your province, they'll gradually leak away to somewhere less obnoxious; indeed, what with widespread labour shortages, the provincial lords try to make their service a safe and desirable place to be, and are neither legally required to nor inclined to return runaways. So there's incentive to treat your people well, or you'll lose 'em. Besides, if you're too much of an idiot, the serfs might go complain to your planetary prince. :)

      OTOH, if people want to fight among themselves, chances are no one will stop them unless it begins spilling offplanet, since it's not really anyone else's business. Besides, as with most habitually-independent folk, interference from above tends to exacerbate rather than pacify.

      As a further side effect, there is no welfare system. If you can't or won't find a place in life, that's considered your own damned fault, because it's sure not for lack of opportunity, nor for lack of frontiers for misfits to escape to. Don't like how we run this planet? Here's a ship, there's a nav comp, yonder's the rest of the galaxy. Have at it.

      But coming back to Earth [g] ... there's one of our big problems today: we've run out of practical (read: livable without extreme measures) frontiers for the misfits and overly-independent types to escape to; cyberspace was a short-term substitute, but it's become cramped too. We're beyond the population density we've evolved for, leading to a variety of mostly-covert rats-in-a-cage behaviour (frex, the gimme-everything-for-free mentality). Social efforts to control this lemme-outta-here behaviour leads to draconian laws like the DMCA. And wealth skewed toward the proponents of such laws (frex, the RIAA) gives them an inordinate power to enforce their will (per the aforementioned Revised Golden Rule).

      And here you thought we'd gotten off topic! :D

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  44. Loosely written stuff by jurt1235 · · Score: 1

    The legislator clearly left the enforcement in the hands of the companies in this case. It is a bad law, but you will need a revolution to get it taken down. There is no real democratic proces in place anymore to stop companies requesting and getting this kind of law. Early American governments and presidents are turning in their graves in shame for this kind of actions.

    --

    My wife's sketchblog Blob[p]: Gastrono-me
    1. Re:Loosely written stuff by Namronorman · · Score: 1

      I've been saying the same thing, even the rolling in graves thing, for quite some time now. I don't know whether it should be a relief if someone else feels the same way or whether I should feel worse because it wasn't just paranoia afterall.

      --
      $fortune
      Tomorrow has been canceled due to lack of interest.
    2. Re:Loosely written stuff by jurt1235 · · Score: 1

      Feel worse! I never make people feel better.

      --

      My wife's sketchblog Blob[p]: Gastrono-me
  45. A lot of this happening because of abortion. by Maxo-Texas · · Score: 1

    As long as the abortion issue trumps everything else, all manner of obnoxious issues are being pushed through without consequences. The abortion issue is the glue that makes small time christians vote for large immoral corporate policies.

    We have 3 dem parties and 4 rep parties.

    1 left wing loonie (basically hate america)
    2 soft left (were great in the 50's but haven't adapted)
    3 centrist left (put them with 4's and we'd have a decent government)
    ---
    4 libertarian conservatives (really want small gov so voters won't elect lg nmbers)
    5 corporate conservatives (money behind everything - currently making out like bandits)
    6 religious conservatives (abortion, gay marriage, sneaking religion into school/etc.)
    7 right wing loonies (basically fascists/insane)

    If "6" drops out, the conservatives can't win power. What keeps "6" so focused is abortion. As long as conservatives have power and "6" only cares about those 3 issues (and really #1) then the "5"'s (corp conservatives) are getting any thing they want passed. In some cases (like where IP is involved) they have the votes of the "2" & "3" liberals as well (Disney protection act- indefinate copyright).

    ---
    At this point the conservatives have jerrymandered my district in texas so strongly that my vote on any issue doesn't matter. Almost every vote is 70/30. Doesn't matter if I vote conservative OR liberal- my vote is meaningless. I've had -1- vote matter in the last decade- through out the incumbant by 31 votes (I was #31 I guess). Otherwise, no vote has mattered- all lopsided one way or the other.

    ---
    My current theory is- if the right "wins" on the abortion issue, the "6"'s will lose a lot of their fire and focus.

    Once that happens then MAYBE we can start looking at all the things the corporations snuck through while no one was watching the door.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    1. Re:A lot of this happening because of abortion. by ClamIAm · · Score: 1

      A friend of mine recently said something to the effect of: "I hope the Republicans ban abortion. Then they will have no other issue to stand on." While this sounds true, I think what would happen is that they would have a massive stumble, and other groups would have to step up quickly before the next "message of the day" is chosen (gay marriage, some other bs).

  46. I hate the DCMA by Anonymous Coward · · Score: 0

    I hate anything that gets in the way of my inalienable right to steal whatever I want. Don't the legislators understand that "I wasn't going to pay for it anyway", "I wanted to try it first", "I am promoting the use of their product"? It is my constitutional right to steal anything in a digital format because it is *easy* and *widespread*. How dare anyone try to stop me from exercising my rights. I should have the right to take whatever I want from a store too without video cameras and security breathing down my neck, but that's another story.

  47. No, with porn, the DMCA is used for blackmail. by Anonymous Coward · · Score: 0

    Here's how it works. Johnny Inthecloset downloads a few copyrighted pictures and movies of two dudes getting freaky over a P2P network. Gay porn producer then sends out a DMCA extortion letter to Johnny threatening to sue him if he doesn't settle. Of course, since Johnny would rather not have the world know about his particular inclination, he ponies up. Blackmail. Pure and simple. Of course, things may have changed since the RIAA was told they couldn't file the blanket lawsuits, but I'm sure they've found other avenues by now. If nothing else, the online porn purveyors are a clever lot.

  48. Not illegal until the 1997 NET Act by MacDork · · Score: 2, Insightful
    What you call "out of control wanton disregard for copyright law" was not a criminal act in the United States until the 1997 NET Act. File sharing has been happening since the beginnings of the internet. Does alt.binaries.* ring any bells for ya?

    Don't try to paint it as something new enabled by P2P. What IS new is the idea that sharing files without making a profit is the domain of hardened criminals. What you are witnessing is the same thing lawmakers witnessed during prohibition. Copyright law has been transformed into complete and utter bullshit and everyone knows it. These are just the same law abiding people doing the same things they always have. As much as you might like to paint a different picture, most people who download music are not the same people who casually shoplift. The law is wrong. Obviously it needs to be repealed. Read all about it:

    On December 16, 1997, President Clinton signed HR 2265 -- the 'No Electronic Theft' Act -- into law. The act, sponsored by Representative Goodlatte (R-Virginia), was passed in the House on 11/4/97 and in the Senate on 11/13/97.

    HR 2265 was viewed as "closing a loophole" in the criminal law. Under the old statutory scheme, people who intentionally distributed copied software over the Internet did not face criminal penalties if they did not profit from their actions.

    The act was strongly backed by the software and entertainment industries but opposed by science and academic groups.

    Fuck you very much President Clinton AND both houses of Congress for going with the monied interests instead of the intellectuals when dealing with "Intellectual Property" laws.

    The defenders of P2P for LEGITIMATE use lose their credibility if they are not equally realistic and aggressive in condemning and thinking of ways to stop illegitimate use.

    No they don't. They have issues with the DMCA and the NET Act and your definition of legitimate, along with the majority of America. "Governments are instituted among Men, deriving their just powers from the consent of the governed." Obviously, we don't consent. When teenagers are being dragged into court on criminal charges for sharing songs, when Girl Scouts have a list of songs that are illegal sing around the campfire, and when I cannot legally sing Happy Birthday to my niece at McDonald's, something is terribly wrong with the law. It's time our lawmakers got tough on the corporate criminals stealing our culture from the public domain.

  49. I have been forced to remove content as a Sysadmin by Anonymous Coward · · Score: 0

    Posting AC because this can be traced back to my company.

    I have been ordered now about 5 times to remove posts made on a certain website that HOTLINKED to images on another server. These images were not in any way shape or form stored on one of the servers I run, but rather were just linked from there. Our hosting company forwarded us the DMCA takedown request, and gave us a link to how to generate a PDF response (no legal response seemed possible from what I could see). I informed our hosting company of this, and we were forced to comply, as, otherwise they would unplug our server.

    But it was amazing, we were asked to remove posts that contained ONLY a LINK - not the actual content!

    I have now been ordered to comply to each similar request by my employer. :(

  50. Gods and Kings by Pfhorrest · · Score: 1

    I was just thinking about your comment, how this sort of resembles feudalism in a way, and it got me thinking. This is going to be a bit of a long tangent at first but it'll come back around in the end.

    I'm writing a book about philosophy - a book on everything really, the politics I've been describing here are in there too - and in a portion of it I write a bit about religion. My final view on religion, as in deities and piety, gods and the worship of them, I call 'naturalist', as I believe that nature - not just like trees and the earth and all that, but the infinite sum total of the entire natural universe - is the only thing that meets the usual "omni" criteria of "God", and thus, proper piety (worship) is to act in accordance with nature, which is what most of the rest of the book is about (both what "God" is, and how you should "worship"; i.e. stuff about reality and morality, physics and ethics).

    But after I come to that conclusion I've got this little bit about how this view fits in with "normal" types of religions, so I've got a little overview of religious classifications. It seems societies historically start out polytheist, with the notion that there are some things out there which are gods, and these gods are more or less just extremely powerful people with different wants and opinions and so on, who can be appeased in the same way a powerful person could, and that is how you worship these gods.

    From there, people seem to split into two different divergences from this - either they go Monotheist and say No, there aren't a bunch of things out there that are gods, there is only ONE thing out there which is a God, and He has a specific plan and rules and these are absolute, and so the way to worship Him is to follow that plan and make sure that others also follow that plan. This kind of attitude tends to lead to crusades and holy wars and religious bigotry in its extremes.

    Alternately, people go Animist and say No, there aren't just a couple of things out there that are gods, ALL things are gods, you and I and the rocks and the trees and animals, all things are gods. The way of worship associated with this is thus to respect all things and diminish yourself ('deflate your ego' so to speak), because you're really nothing more important than anything else. The problem with this is that taken to the extreme people wind up meditating themselves to death, and some such traditions even emphasize this as a goal, to become nothing and dissolve and return to the earth.

    The view I described earlier encompasses BOTH of these opposite divergences from polytheism, both monotheism and animism. Yes there is only one god, and yes all things are that god. In effect it's atheist and pantheist at once - no particular thing is a god, but everything all together is god. The way of worship for this involves both following the one true way of the universe and encouraging others to do the same, but it also involves self-diminishment because you can't be certain that what you think is the true way really is, you're just going with your present best guess, so you've got to by considerate of the differences you encounter (both in the sense of being nice to people with differences from you, and actually consider their opinion, as you might learn something from it).

    In effect, the scale of monotheist-polytheist-animist is shown not to be a linear scale at all but a loop, and the culmination points of both directions on the scale wrap around and converge at one point on the other side of the loop. This all relates to your comment about feudalism because I just realized there's striking parallels in types of government, just like these types of religion, which makes sense as both are really different types of dogma, declarations of what must be, one claiming to be supernatural in origin and the other just "because we said so".

    Cultures seem to start out feudally, by which I mean there are a number of people who are rulers, kings or chieftains or what have you, the people follow and appease the

    --
    -Forrest Cameranesi, Geek of all Trades
    "I am Sam. Sam I am. I do not like trolls, flames, or spam."
  51. a day late and a mod point short by LunaticTippy · · Score: 1

    sad nobody recognized a nice brazil reference

    --
    Man, you really need that seminar!