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New RIAA/MPAA "Customary Historic Use" Plan

Random_Transit writes "Ars Technica is reporting that the EFF has dug up plans by the RIAA/MPAA to stifle the consumer electronics market by replacing it's "fair use" policy with something called "Customary Historic Use". This new policy would effectively keep anyone from inventing any new type of media device without the RIAA/MPAA's say-so."

444 comments

  1. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  2. Bring it on! by ozmanjusri · · Score: 5, Insightful

    Great, this is what I want to see from the RIAA. The more they restrict how people can use their commercial crap, the more encourage independants who'll value their listeners.

    --
    "I've got more toys than Teruhisa Kitahara."
    1. Re:Bring it on! by MaelstromX · · Score: 5, Insightful

      You're missing the point. When the RIAA uses its influence in D.C. to regulate technological progress (or lack thereof), you're not going to be able to enjoy your independent music in the ways you'd like to (i.e. anything that doesn't fall under "customary historic use").

      Though now that I see it, you live in Australia, so please allow 6-8 weeks for the lunacy to reach your shores.

    2. Re:Bring it on! by ozmanjusri · · Score: 4, Interesting

      you're not going to be able to enjoy your independent music in the ways you'd like to

      I won't be allowed to wander down to the pub and listen to them play?
      Seriously though, the RIAA has already lost this. The cat's out of the bag, the worms are out of the can. Right now, they're playing a stall game to buy time for a response, but I think in the long run they'll be too fat and unwieldy to adapt, so they'll wither, if not die.

      There's already too many ways out there that'll allow talented people to make and distribute music for the RIAA to retain their stranglehold on the market. We're already seeing that here (in Western Australia) where our remoteness meant local musicians have had virtually no chance of getting signed with a label. There's a great buzz of talent starting to realise they can do it all themselves with a few thou's worth of recording gear and a friendly web host.

      I'm looking forward to it.

      --
      "I've got more toys than Teruhisa Kitahara."
    3. Re:Bring it on! by lachlan76 · · Score: 2, Interesting


      Though now that I see it, you live in Australia, so please allow 6-8 weeks for the lunacy to reach your shores.


      6-8 weeks? Pfft...Real ID made it over in under 3.

    4. Re:Bring it on! by node+3 · · Score: 1

      Great, this is what I want to see from the RIAA. The more they restrict how people can use their commercial crap, the more encourage independants who'll value their listeners.

      I've never quite understood this logic. When you want a specific song, you want that song. Not a similar song by some band you never heard of. The labels have a monopoly on the distribution of songs/albums. You must go through them (to be on the up and up). You can't buy a song from "Bob's DRM-Free Music Store" if Bob doesn't sell that song.

      The system is bad, and getting worse all the time. But the reason the system is so bad is that each label has a million little monopolies. The product the labels sell you isn't "music", it's *this* song/album, or *that* song/album.

    5. Re:Bring it on! by Paraplex · · Score: 2, Interesting

      Yeah I agree completely. The RIAA or any other such organisation no longer offer us *anything*. They used to have control because they had the equipment, the studios, the distribution and the promotional powers, but their time has come to an end. My group Children in the Game are giving their album away free for whomever wants it, in an attempt to help topple the RIAA's power.

      Once music stops being hugely profitable, people assume music will stop being made. This is complete RIAA propaganda. They suck the life and soul out of musicians, milk them until they are dry and then move on. IMHO buying albums through these huge companies is feeding these parasites to the detriment of anyone who cares about music.

      We're battling formats? We're debating HD vs BluRay while these swines continue to fuck us? fuck them! Release your films/music in an open format and i'll record it onto any fucking disc or other storage medium I want!

      Another model will be created that links consumers to the artists directly. An open infrastructure that doesn't require middlemen (i'm glaring at you itunes) will be created, but until then, I, and others like me will continue to create music without the promise of riches and bitches and whatever else music has been raped and disfigured into being about.

    6. Re:Bring it on! by geminidomino · · Score: 4, Insightful

      The RIAA or any other such organisation no longer offer us *anything*.

      <mode=cynical>

      No, but they offer the wannabe rock stars promises of fame, riches, pelt, and doing blow off hookers' asses. No matter how many bands give thier "it's all about rocking/the metal" spiel, it's very rarely about the music.

      Until we breed musicians who are immune to the cha-ching factor, the RIAA or it's replacement will continue to have us by the balls.

      </mode>

    7. Re:Bring it on! by pallmall1 · · Score: 4, Interesting
      you're not going to be able to enjoy your independent music in the ways you'd like to
      Also, you won't be able to enjoy any personal recordings the way you'd like to. The hardware will only play the content if the content is tagged with explicit permissions, even if the permission is "unrestricted." So if I record something on my own equipment, much of it home-built from the chip-component level, I will have to include special "DRM" code if I want to play the recording back on ANY commercial device. And you can be assured that the "DRM" code will require a non-free license.

      This legislation would allow record companies to receive money on ALL digital content and playback devices, whether they produce (via their phony "artists") or distribute it or not.

      Further, if the "DRM" scheme requires periodically checking in with a remote database to verify a digital key, the entity in charge of the database could UNIVERSALLY disable any content they deem "inappropriate" any time they wish. The legislation may not explicitly state that, but in order for a scheme like this to work, these adjunct capabilities would have to be present. This legislation goes way beyond copy-protection.
      --
      3 things about computers: they're alive, they're self-aware, and they hate your guts.
    8. Re:Bring it on! by aussie_a · · Score: 1

      Problem is, people are escaping it. The comics industry use to be the same (although I'll admit, nowhere near as bad as film or music), but they have begun (as in, begun 10 years ago) moving to independants and good distribution methods, thanks to the internet. Eventually film and music will follow. However having said that, the interim will not be pretty.

      Customers can help themselves by not buying the latest song, but instead look for good songs from good talent. But that will only work to a degree.

    9. Re:Bring it on! by scruffylooking · · Score: 1

      The more you tighten your grip, Tarkin, the more star systems will slip through your fingers!

    10. Re:Bring it on! by aussie_a · · Score: 1

      You have it a bit backwards (however given that the industry is backwards at the moment that is understandable). At the moment, you are correct. But we don't need non-profit-seeking musicians. We need listeners who don't seek out the latest crap from the RIAA, but actually seek the good stuff, and care about the product they pay for (at the moment most people simply don't care about DRM, those few that do, a majority of them will simply remove the DRM themselves). Sure marketing helps, but IMO the internet and digital content (which movies and music is already at) will place the market in a more sensible place, that is in the control of the musicians and fans.

      Already webcomics are at a much more equal playing field, with success stories happening all the time (although you must remember, for every success story, there is a much larger number of failures). E-books are doing away with the differences between the big publishers and the small-time publishers.

      Neither have yet to overtake print, they might not this century (I do think they will this century, but I could be wrong), but they eventually will. They are on the road to overtaking the print companies, and eventually the companies will have to change or die out.

      IMO the music and film industries will follow, although I doubt we'll see much more signs until a few more years have passed. They actually have the advantage in that their content is already digital, but they are at the disadvantage in that they have monopolies that aren't present in comics or books. But despite the monopolies, I do think it is only a matter of time. But things can, and will, get ugly until they are toppled.

    11. Re:Bring it on! by Kjella · · Score: 5, Insightful

      Great, this is what I want to see from the RIAA. The more they restrict how people can use their commercial crap, the more encourage independants who'll value their listeners.

      You think it's a good combination to have a state-granted monopoly (copyright) and at the same time let that monopoly gauge you any way they want? That is roughly the worst combination ever. For all the talk about independent music and movies, that doesn't matter to a fan because they're not interchangable. And the mainstream music does have a large fanbase, even though some slashdotters will get on their high horse like an art critic looking down on "The fast and the furious" or a porn flick. So simple, so crude, so stereotyped and yet so successful, so entertaining, so appealing to a broad segment of the population. That's almost a crime when it comes to art.

      My point is that this isn't something the market will "fix". If that was the case we could just wipe out all consumer protection laws, all anti-trust laws, all fair use and whatever. The only thing that would happen is that the customer would stay with mainstream media and get even more shafted than he is today. What we're seeing is nothing more than a gross invasion of the privacy and not least the soverignity of my home. They want to be able to tell me what my machines can do to my movies, my music in my living room. Not that anything except the living room seems to be mine anymore.

      I want to see LotR in HDTV. And that I'll probably have to pay a small fortune in a player, HDTV and the movie itself in that format is fine. Obviously I wish it was cheaper, but that is simple supply and demand, maximization of profit. I can live with that. What I don't want to live with is all the rest, and I don't see why I should have to or even have to boycott it. The law should restrict the number of latches, catches, hooks, limitations, restrictions, activations, verifications, crippling, self-destructability and so on a product can contain.

      One of the greatest evils is that you no longer seem to be purchasing anything, and the courts are ignoring it. Why would anyone sell you anything, if they can license it and unilaterally apply catches at will in the fine print, yet in every way it otherwise acts as a sale? You don't need to license it, copies of books have been sold for centuries without selling the copyright, music and movies are no different. If the courts had any balls, they would simply throw out the RIAA/MPAA/BSAs licenses and say "This has the characteristics of a sale, thus it is a sale. The sale is goverened by common law and your EULA is null and void."

      --
      Live today, because you never know what tomorrow brings
    12. Re:Bring it on! by Directrix1 · · Score: 1

      The majority of people are too stupid to not just go with the populace. They want to be presented new music. They don't actively find it. RIAA is going nowhere.

      --
      Occam's razor is the blind faith in the natural selection of least resistance and in universal oversimplification. -- EF
    13. Re:Bring it on! by Anonymous Coward · · Score: 1, Insightful

      "The long run is a misleading guide to current affairs. In the long run we are all dead."

      -John Maynard Keynes

    14. Re:Bring it on! by zotz · · Score: 1

      "My group Children in the Game [childreninthegame.net] are giving their album away free for whomever wants it, in an attempt to help topple the RIAA's power. "

      I went to the site. I see a link to listen, but none to download and not much else.

      May I suggest that if you really want to start making a dent in the big boys that you consider this:

      Release your songs under something like a CC BY-SA license. Further, release them as an ardour project file or a gungirl project file as well as flac and ogg vorbis files.

      Then do something along the lines of what I just announced here:

      http://www.ourmedia.org/node/145261

      Good luck with you efforts.

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    15. Re:Bring it on! by inode_buddha · · Score: 1

      I already wandered down to my favorite pubs here in NY USA and the RIAA already got paid; the jukebox has an RIAA/ASCAP sticker on it, tunes are 50 cents each, and the brew is a dollar per glass greater in order to pay for the jukebox.

      --
      C|N>K
    16. Re:Bring it on! by Phaid · · Score: 1

      When the RIAA uses its influence in D.C. to regulate technological progress (or lack thereof), you're not going to be able to enjoy your independent music in the ways you'd like to (i.e. anything that doesn't fall under "customary historic use").

      That's not true.

      The DRM and broadcast restrictions on digital content are controlled by flags embedded in the content. If your independent music producer wants you to be able to do whatever you want with the music, they can set the flags to allow it.

      It's similar to the way some DVD producers don't use CSS or region codes in their DVD's, thereby allowing copying and/or playback on non-CSS-licenced devices. The problem with that, of course, is that it's basically an all or nothing proposition -- either you have absolutely no legal right to copy a DVD, or you have no restriction whatsoever on it. These content flags will at least allow more granularity.

    17. Re:Bring it on! by Jasin+Natael · · Score: 2, Insightful
      We need listeners who don't seek out the latest crap from the RIAA, but actually seek the good stuff, and care about the product they pay for

      I'll go one step further and say that one of the reasons for this is that people are, in fact, consumers in that they don't seek out *anything*, choosing instead to be spoonfed music from broadcast radio. It amazes me how many people are so passive in their listening that they are uninterested in any ways of discovering music except radio. Even if a friend highly recommends a band, they'll say "Cool". Then the CD their friend burned for them sits under the seat of their car until they hear one of the songs on Top 40 radio a year later, and the friend has to burn the disc again.

      Radio is still, despite all its flaws, the major means of discovery for Joe Public. And the current lockout imposed by the RIAA's payola workaround doesn't just hurt us, it allows them to effectively dictate what music will become part of our popular culture.

      Here's hoping that all the new Satellite-Radio gadgets and Internet Radio via iTunes and others start to loosen radio's grip on our music culture. I've lost faith that the government will do anything substantial about it.

      Jasin Natael
      --
      True science means that when you re-evaluate the evidence, you re-evaluate your faith.
    18. Re:Bring it on! by LocalH · · Score: 2, Insightful

      Yeah, but this legislation could also ban unrestricted media formats, since it's possible to use them to store unauthorized copies of media.

      --
      FC Closer
    19. Re:Bring it on! by Yartrebo · · Score: 2, Interesting

      This legislation goes way beyond copy-protection.

      I must have missed that part. I see no error correcting codes or titanium disks or requirements for the seller to provide a replacement copy at cost if yours breaks or gets scratched or any other provisions that would protect your copy.

    20. Re:Bring it on! by Anonymous Coward · · Score: 0

      I've never quite understood this logic. When you want a specific song, you want that song. Not a similar song by some band you never heard of.

      And it is that very laziness and lack of self-control on which this whole greed, laziness and stupidity-driven economy is based.

      Exercise some self-control for gosh sakes. Just because you want it, doesn't mean that you need it. Develop some pride, do some (shudder) work and find an alternative. I stopped buying music from the big labels 20 years ago when it became apparent that they were extortionists force-feeding people mediocre crap. With some self-restraint, some work, and belatedly the gift of the Internet, I found a ton of great independent artists and music that deliver me far more pleasure, quality and variety and I'm proud of it. The music cartel will never get another dime of my money.

    21. Re:Bring it on! by Anonymous+Brave+Guy · · Score: 1
      No, but they offer the wannabe rock stars promises of fame, riches, pelt, and doing blow off hookers' asses.

      The irony, of course, is that promises is all they are, and a promise is only as good as its keeper (or not). In reality, most newbie artists who sign with record labels wind up making little, if any, net profit. By the time they've finished meeting their obligations to cover the record label's ass (which they signed up for before day one as the "price of admission" to the market) the record label will rarely be out of pocket and will have taken most of any profits, yet the artist doing all the real work may well have actually lost money.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    22. Re:Bring it on! by FLEB · · Score: 1

      I've never quite understood this logic. When you want a specific song, you want that song. Not a similar song by some band you never heard of.

      The trick is not wanting "that song". That's the whole idea behind boycotts or "voting with your wallet". It involves a bit of sacrifice or concious witholding on the idea that you're making them give up more from the transaction.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    23. Re:Bring it on! by sevinkey · · Score: 1

      Record label in Tijuana, a nice big legal fund, and a huge marketing budget should do the trick. Sounds like fun. Remember, getting drugs from Canada is illegal... never stopped grandma.

    24. Re:Bring it on! by idunno2112 · · Score: 2, Interesting
      There's already too many ways out there that'll allow talented people to make and distribute music for the RIAA to retain their stranglehold on the market.

      I completely agree: the RIAA was good to set standards for the recording industry when studios were expensive to build and maintain.

      Today, any band can put together a decent compilation of songs (a.k.a. album or CD) and distribute it themselves. A little word of mouth advertising and playing local gigs, and if the stuff is good, it will get out there.

      How do I know it will get out there? Because of sites like slashdot, digg and delicious: the digital "word of mouth". After all, if some loser's blog about his pet kitty's bowel movements can get hits, I'm sure good music can too.

      For example, not that these guys are losers or rant about kitty poo, I ran into Beatallica on digg and it's pretty funny and good: they supposedly even have Metallica's blessing, but there's an issue with the record label which prevents them from putting out an album, but doesn't prevent them from distributing their songs in mp3 format... strangely enough. BTW, "Hey Dude" rocks... ;)
    25. Re:Bring it on! by ZachPruckowski · · Score: 5, Interesting

      That just begs for the mother of all monopoly suits though.

      I make a movie, and plan to distribute it free to increase buzz about my company before moving to the standard "pay for DVDs or theatre showings" on future movies. If the RIAA requires me to use copy protection, it's certainly hard to me to encourage sharing. Thus aren't they impeding a competitor's business in an unlawful way?

    26. Re:Bring it on! by JasonTik · · Score: 0

      If they do charge for the DRM code, they will quickly get sued for anti-competitive behavior if they manage to make it industry standard. If they use legislation to do this, it will be struck down for violating our first amendment right to free speech.

      I don't know about the legal situation in other countries, but I imagine something similar will happen.

    27. Re:Bring it on! by vettemph · · Score: 2, Interesting

      >>>they can do it all themselves with a few thou's worth of recording gear and a friendly web host.

      Sadly, the RIAA thinks they will be able to limit the supply of microphones, analog to digital converters and Digital to analog converters and perhaps speakers.

      Microphones are just air pressure sensors that produce a relative voltage.
      ADCs are used amost anywhere any sensor would get used to convert voltages to numbers.
      DACs are used for controlling various mechanical devices and optical systems by converting numbers to voltages.
      Speakers are just voltage controlled solenoids with a cone attached.

      Everything between the ADC and DAC are just data points. (voltage levels that change at a moderate frequency.)

      If you look at a stock chart, you are just looking at data points over time.
      Recorded digital music is the same thing, Just data points over time.
      (usually 44.1 thousand data points per second)

      Not only will this be technically imposible for the RIAA to enforce, But it will never go though because it would allow the RIAA to be the ONLY Recording Industry Association in America. As much as our Government and lobbiest would like that, they wouldn't be so bold.

        This would also be pointless unless the RIAA could become the Recording Industry Association of Earth. Currently we can get our MP3s and OGGs from France. :)

      --
      The government which is strong enough to protect you from everything is strong enough to take everything from you.
    28. Re:Bring it on! by FLEB · · Score: 2, Interesting

      I'd say the problem rests with radio. DJs that actually played music are replaced with talking heads and remotely-programmed playlists from the Central Office. The problem is that with radio regulation (and the underlying fact that there is only so much bandwidth between 88 and 108), broadcast is a nearly impossible arena for new players to break into, and assembly-line LCD radio, as sad as it is, has the competitive advantage.

      Sure, there are new media out there, such as XM or Web radio, but they lack broadcast's "critical mass", so any buzz they might generate is a flicker at best. Broadcast, in its simplicity and 88-108 limitedness, does have the advantage of being a single-point resource for getting content you know is up to a certain standard. The problem is that radio stations have taken that to an extreme, producing lukewarm mush that won't revolt anyone enough to change the station, but as such lacks any meat or substance. On the other end, there's web radio or other alternative delivery: Edgier music, but the more involved method of delivery and the much smaller, more geographically diffuse market means that they'll rarely have radio's ability for listeners to converse over what they "heard on the radio", and word just won't get out in a big way.

      A fair amount of people could really care less about finding higher quality music, once it reaches a certain acceptable threshold... it's just not their interest. As such, the simple delivery method, easy categorization, and common shared cultural references airplay music gives make a whole lot more value than something obscure that might have an edge on quality.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    29. Re:Bring it on! by CaptainZapp · · Score: 1
      I can't let your comment stand alone without this (slightly outdated, but still pretty darn true) link on the issue.

      I also think that Miss Loves musings on the subject are worth reading.

      --
      ich bin der musikant

      mit taschenrechner in der hand

      kraftwerk

    30. Re:Bring it on! by Alsee · · Score: 2, Insightful

      If the RIAA requires me to use copy protection

      But the RIAA isn't requiring you to do anything. They are lobbying/bribing the government to create laws restricting what you can do and to deny the free market from providing any unapproved products and technology.

      That just begs for the mother of all monopoly suits though.

      I don't think you can sue congress under anti-trust laws. :/

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    31. Re:Bring it on! by CrankyOldBastard · · Score: 1
      You have to hope you there in WA don't end up in the situation we have here on the Gold Coast, where Live Music is essentially controlled by one man, one company. If you don't sign with Hutchinson's, you don't gig beyond backyard parties or RSL clubs (for the 55+ crowd - oldtime jazz standards only please!), it's that simple.

      If you don't jump when he says, smile when he say, play what he says when he says, you don't gig. And since he "owns" you, without him being happy you don't get to sign with a record label.

      I guess it's technically possible that a band could suceed without Hutcho, but it would be doing things terribly hard - as if living by live music on the Gold Coast wasn't hard enough already!

    32. Re:Bring it on! by Anonymous Coward · · Score: 0

      Heaven forbid a musician should want to live off his/her music

    33. Re:Bring it on! by Anonymous Coward · · Score: 0

      Though now that I see it, you live in Australia, so please allow 6-8 weeks for the lunacy to reach your shores.

      But rather longer for anything you might actually want to watch or listen to.

    34. Re:Bring it on! by Anonymous Coward · · Score: 0
      One of the greatest evils is that you no longer seem to be purchasing anything...

      They may not own, but they DO purchase. I don't. Never bought a DVD and never will (unless a software packaged on a DVD disc). I rent and/or borrow. It costs little. If you want to "own", then you have to "steal". Don't want to steal? Don't bother trying to own (AKA, "purchase").

    35. Re:Bring it on! by scaryjohn · · Score: 1
      That just begs for the mother of all monopoly suits though.

      Been there. Done that. Didn't you get your $13.00 gift certificate?

      --
      One might ask the same about birds. What ARE birds? We just don't know.
    36. Re:Bring it on! by Paraplex · · Score: 1

      That download link is fixed up & putting an archive file up as we speak.
      As for project files, its not really feasable as we use a collection of different gear and instruments, and generally perform a large amount of it live.
      Thanks for your suggestions though!

    37. Re:Bring it on! by zotz · · Score: 1

      So, you don't do multitrack recording? Just mix down and record stereo?

      Also, there is no mention of what license these songs are under.

      all the best,

      drew
      -----
      http://www.ourmedia.org/node/111123
      "Tings" - a "copyleft" novel in first draft, CC BY-SA license.

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    38. Re:Bring it on! by jZnat · · Score: 1

      Checks and balances, son. There's always the Judicial branch to look at for this sort of thing. If this sort of bullshit got through Congress, I'm sure hell would be let loose in the Judicial side of things. "Joe Sixpack" can't view his home movies anymore because he hasn't paid the **AA tax? Watch out for flying chairs...

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    39. Re:Bring it on! by ClamIAm · · Score: 1

      I think this is why the music you hear on the radio now is crap. Those who are in it for the music have seen what the Recording/Distribution industry do to bands who "get signed". Unless you're in the top 1%, you can probably make about the same amount of money being an independent band, without having to put up with the stupid shit the RIAA pulls.

    40. Re:Bring it on! by Paraplex · · Score: 1

      You're absolutely right, but if we're not careful, itunes will take up the power once held by the RIAA. Open infrastructure has be be set up *now* while the market its still uncertain. Any company that innovates here will have the same stranglehold on the market that the RIAA has had for years (and we don't want that)

    41. Re:Bring it on! by Anonymous Coward · · Score: 0

      *cough* live indepentant bands *cough*

      little slow today?

    42. Re:Bring it on! by JPyun · · Score: 1

      Your sig is sad, but true. Golf clap for you.

    43. Re:Bring it on! by Anonymous Coward · · Score: 0

      Yeah, not to mention you don't actually need to be signed with a record label in order to snort coke off a hooker's ass.

      I suppose the RIAA could promise you more and better hookers. I really don't trust 'em though. The RIAA I mean.

    44. Re:Bring it on! by geminidomino · · Score: 1

      A good soundbite, but ultimately meaningless without a rebellion willing to fight against said grip.

      You think the US is even heading anywhere remotely in that direction? I can counterpoint that in 2 words. "American Idol."

      That show makes it plain what the problems are with the music industry from all sides. A washed-up pop tart, a jerkoff, and some other guy play the part of the labels. They stand there and say "Here's a chance to make it big. Not a big chance, mind you. But who knows. But if you want me to give you this chance, you're going to have to humiliate yourself, whore yourself, and eat this here shit sandwich, just because I could use the giggle."

      Then you've got these gimps ON the show. Talented or not, I can't say (I've never watched the show for more than 27 seconds at a go) these people really need to prioritize, and put dignity above greed and starry-eyed fame-hounding. Instead, we get "Yes sir. Would it improve my chances if I ate a double helping of that sandwich?"

      And finally, you have the audience who watches this shit like it was the fucking gospel according to St. Simon. THESE assholes love watching the hopeful future overdoses suck down shit, because they don't make the mental connection that they're gulping it down by the truckload every time they plant thier ass in front of that stupid box to watch it.

      Yeah, I really don't see any great uprising against the cartel anywhere in the foreseeable future. /rant

    45. Re:Bring it on! by ultranova · · Score: 1

      Checks and balances, son. There's always the Judicial branch to look at for this sort of thing. If this sort of bullshit got through Congress, I'm sure hell would be let loose in the Judicial side of things.

      Your judicial branch hasn't stopped infinite term of copyright, now has it ? Why would it interfere with this ?

      "Joe Sixpack" can't view his home movies anymore because he hasn't paid the **AA tax? Watch out for flying chairs...

      Joe will suck it up and pay the tax. You don't honestly expect Joe to do something about it, or anyone to care about him as long as he doesn't, do you ?

      --

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

    46. Re:Bring it on! by plague3106 · · Score: 1

      Sure, there are new media out there, such as XM or Web radio, but they lack broadcast's "critical mass"

      XM has 6 million subscribers. No, its not as much as commercial radio, but its not insignificant either. Sirrus has 3 million (although if you look at the latest Barrons, they are in trouble, while XM is looking to grow even more rapidly).

      I don't think the problem is 'talking heads', as just before i stopped listening to commercial music, the stations were actually starting to play MORE music and less talk. But its still mainly the same top 40 crap, that's the problem.

      While I bought XM mainly for the talk radio, I've heard some new bands i would have never heard on commercial radio, because there is no commercial radio station that plays the music I like. XM even has a few channels dedicated to unsigned artists.

      I don't think its radio per say; i think its the RIAA's control over radio that is music's biggest problem.

    47. Re:Bring it on! by Alsee · · Score: 1

      If this sort of bullshit got through Congress, I'm sure hell would be let loose in the Judicial side of things.

      Hell did not break loose when congress mandated that the Macrovision DRM system be enforced in all VCRs.

      Hell did not break loose when congress mandated that all new consumer digital audio recording devices must enforce the SCMS (Serial Content Management System) DRM system. In fact that law - the Audio Home Recording act - exterminated an entire DECADE of audio technology. It exterminated Digital Audio Tape technology and the Minidisc technology and absolutely every single new audio technology since the CD... every new technology up until the introduction of the MP3 player. And that was because the MP3 player slipped through a loophole in the Audio Home Recording Act. MP3 players get through a loophole by qualifying as general purpose / general function computers rather than as a "consumer audio recording device". That is exactly why the original MP3 players included silly software programs like datebooks... to explicitly qualify as general function computers.

      Hell did not break loose when congress extended the duration of copyright eleven times in forty years.

      Hell did not break loose when congress retroactively extended copyright by 20 years.

      Hell did not break loose when congress made it criminal to engage in perfectly legitimate and perfectly legal Fair Use, if you have to circumvent or remove DRM in order to achieve that legal Fair Use.

      Hell did not break loose when congress made it criminal to provide a product or service or even mere instructions on how to engage in perfectly legitimate perfectly legal Fair Use, if the circumvention or removal of DRM is required in the process.

      There is absolutely no reason to believe that any judical hell would break loose if this in particular goes through as some new law.

      I am certainly HOPING that there will be some court case ruling the DMCA unconstitutional. Such a ruling would render any new law moot. Such a ruling would render pretty much all DRM issues moot. Such a ruling would cut the free market loose. Companies could and would then provide products and services to bypass or remove any and all DRM systems.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    48. Re:Bring it on! by Lodragandraoidh · · Score: 1
      ...smaller, more geographically diffuse market means that they'll rarely have radio's ability for listeners to converse over what they "heard on the radio", and word just won't get out in a big way.


      What you are seeing here is the natural progression from 'mass media' to a 'selective media' environment. The MPAA/RIAA doesn't get it, and most people for that matter don't get it. The days of mega million dollar record sales are slowly coming to an end (and gaining momentum every day).

      We already see the flicker of the future with indie/hobby groups releasing music for free in various formats (and better quality, in many respects, than so-called 'established artists' - interestingly about 1/3 of my music is non-commercial and yet fits into my playlist so well I can't tell the difference most times). What is needed is a way for the listeners to find what they like quickly -- to match up artists with listeners. When that is in place - there won't be any need to depend on the major record labels.

      If this law is passed it will just push users to alternative systems - linux boxes with software that can play mp3s (I can't see how they could possibly enforce such a law against a general purpose computer - particularly if I have access to the source code, and a soldering iron). While regulations might exist, enforcement would be next to impossible - particularly given the free exchange of information within the community of listeners who refuse to let the music industry silence the indie/hobby groups.

      Interesting times indeed.
      --

      Lodragan Draoidh
      The more you explain it, the more I don't understand it. - Mark Twain
    49. Re:Bring it on! by einhverfr · · Score: 1

      Your judicial branch hasn't stopped infinite term of copyright, now has it ?

      Funny, I read that bit in Eldred v. Ashcroft as a veiled threat to Congress saying "don't try to continually extend these copyrights or else...." But IANAL.

      The judicial branch has generally deferred to Congress on matters of copyright law for the most part because the copyright clause in the Consitution provides these powers to Congress.

      But the bad news is that this is more likely to be based in the Commerce clause which tends to be *very* broadly interpreted :-( (again IANAL).

      --

      LedgerSMB: Open source Accounting/ERP
    50. Re:Bring it on! by doyle.jack · · Score: 1

      So how is my car stereo going to connect to the master database to determine that I can't play a song today that I could play yesterday?

    51. Re:Bring it on! by doyle.jack · · Score: 1
      If the RIAA requires me to use copy protection, it's certainly hard to me to encourage sharing. Thus aren't they impeding a competitor's business in an unlawful way?

      Yes, they are. However, the legislation means that you would have to adopt the RIAA/MPAA's business model in order for you to continue to stay in business.

    52. Re:Bring it on! by Anonymous Coward · · Score: 0
      Also, you won't be able to enjoy any personal recordings the way you'd like to. The hardware will only play the content if the content is tagged with explicit permissions, even if the permission is "unrestricted."


      One phrase: Hex Editor, either to fake this tag, or hack it to fool the hardware. ^_^
  3. In other news... by Anonymous Coward · · Score: 5, Funny

    Automobile banned for violating historic customary use laws for the wheel.

    1. Re:In other news... by jc42 · · Score: 3, Interesting

      Automobile banned for violating historic customary use laws for the wheel.

      Funny, yes, but also similar to a lot of real history.

      In a lot of places, when autos started appearing, laws were passed that were attempts to ban them by making them useless. For example, there were laws limiting them to 4 or 5 mph, about horse speed. Some places had laws requiring that a motor vehicle be preceded by a rider on horseback.

      Needless to say, these laws didn't last long (though it turns out that they are still on the books in some places). But for some years, they were a good way of collecting a bit of toll money in the form of fines from visitors.

      Anyone have any good early anti-auto laws from your vicinity?

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    2. Re:In other news... by AlterTick · · Score: 4, Interesting
      A list of "suggsted" automobile laws:
      "Rules of the Road" published in a bulletin by the Farmers Anti-Automobile Society included:

      "All motorists must carry sugar to make friends with the horse. When a horse approaches, the motorist must drive into the nearest meadow or forest and cover his vehicle with a camouflaged blanket."

      "If a car should cause a team of horsed to run away, the driver shall be fined $50 for first mile and $100 for each succeeding mile until the horses are stopped."

      "Cars at night must send up red rockets every mile and wait 10 minutes for the road to clear. Speed shall never exceed 5 miles an hour. And the motorist must proceed with caution, blowing horn and shooting off Roman candles."

      "Upon approaching a corner, the car must be stopped not less than a mile from the turn. To ascertain if the road is clear, the driver must sound his horn, rind a bell, fire a revolver, hallo, and send up three bombs at intervals of five minutes."

      "Cars must be painted to merge with the scenery-green in the spring, golden in the summer, red in the autumn, and white in the winter."

      "Speed limit on country roads this year will be secret and penalty for violation will be $10 for every mile the offender is caught going in access of it."

      "When a horse approaches, the driver of the vehicle must take the automobile apart and conceal the parts in the grass or bushes alongside the road until the horse has passed.

      Ridiculous, right? Not at the turn of the century, when the rules of the road condemned the motorist and pampered the horse! In the early days, the motorists were a beleaguered few, hemmed in by a variety of animosities and jealousies. Admirers of the horse, together with all industries that had grown up around horse-drawn transportation, and the diehards who wanted no change in the easy tempo of like, had little trouble persuading rural-dominated legislatures and city and town councils to adopt highly restrictive laws and regulations.

      Cars were not permitted in city parks. They had to dump out all gasoline before going aboard a ferry. Still on some statute books are laws requiring a motorist to come to a halt, turn off the engine, and give whatever assistance was required to get a skittish horse to go by. Roads were pathetic. A motorist had to buy new tags and driver's licenses to cross a state line-in some instances, even a county line. Some states required registration fees in each county through which a vehicle passed. Missouri charged $30 to cross the state east-west and $50 north-south.

      There were laws requiring a motorist to send a warning sentinel with a red flag one-eighth of a mile ahead of his vehicle. In Urbana, Ohio, vehicles were limited to a speed of four miles and hour when crossing another road, at the same time ringing a bell or gong. In Flint, Michigan, a law read: "It shall be unlawful for any person to drive an automobile on the streets of Flint, Michigan, while being subjected to the embrace of any other person."

      (NOTE: above work not mine. I found it in a discussion forum, poorly attributed as being "from an article")

      --
      Conclusion: the Empire squashes the Federation like a bug. Accept it.
    3. Re:In other news... by Anonymous+Brave+Guy · · Score: 4, Insightful

      If I read it right, it's more like walking being banned because it's not customary historic use of a car*.

      *Available from all major auto dealers, starting at $10,000.

      Some of provisions cited in TFA sound like they could affect people's ability to play and record their own original compositions, even if there was no connection to any of the major record labels at all!

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    4. Re:In other news... by typical · · Score: 1

      Not many of those are, IMHO, actually intended to squelch use of the car.

      If 95% of the people on the road are using horses, which spooked when a loud (remember, automobiles weren't always the quiet things they are today), smelly thing comes tearing along down the road, in a democracy the one who has to go out of their way to accomodate the other guy is going to be the minority.

      Today, you can't take a horse on a freeway. Is this intended to suppress use of the horse? No, it's just because in the event of an irresolvable conflict, the minority has to give way to the majority.

      --
      Any program relying on (nontrivial) preemptive multithreading will be buggy.
    5. Re:In other news... by theTerribleRobbo · · Score: 1

      This is the bit that gets me most:

      "Speed limit on country roads this year will be secret and penalty for violation will be $10 for every mile the offender is caught going in access of it."

      Whaddawhat now? Secret speed limits?!

    6. Re:In other news... by Databass · · Score: 1

      Some of provisions cited in TFA sound like they could affect people's ability to play and record their own original compositions, even if there was no connection to any of the major record labels at all!

      There is a bit of a connection- independent compositions represent competition!

    7. Re:In other news... by ClamIAm · · Score: 1

      Sounds similar to "secret copyright protections". You can do whatever you want, as long as you don't violate our secret rules.

    8. Re:In other news... by jc42 · · Score: 1

      Sounds similar to "secret copyright protections".

      Actually, this is a pretty serious problem in some circles. In the case of music, imagine that you have a tune in your head, and wonder if it's covered by anyone's copyright. There is no database anywhere that lets you look up a tune and find out who owns the copyright. Abut all you can do if you think it's your original tune is perform (or record) it, and see if someone files suit.

      The famous case of this was Gerge Harrison's song My Sweet Lord. And it's an ongoing problem for all musicians.

      I've asked reps of several music publishers about this, and they told me with a straight face that they only thing I could do is buy everything they've published and go through it all looking for the tune. And do the same for every other publisher.

      Alternatively, I suppose, in the US I could go to the Library of Congress, and spend several years scouring their collection. That's not guaranteed to be entirely successful, because they don't have everything that's covered by US copyright, but it would find most of the tune. It would take years, of course.

      So most music is indeed protected by "secret copyright" that can only be discovered by waiting for someone to sue you.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    9. Re:In other news... by ClamIAm · · Score: 1

      You make a very good point. I was referring more to the technical side of things. Say you're trying to reverse-engineer a new file format. You might not know the legal issues surrounding this format. If it contains "anti-circumvention" measures, you would be breaking the law in some countries (USA) if you release your research to the public, or even tell anyone else about it. I know in France there was a court decision or law passed saying that (I belive) DVDs that use encryption must be labeled as such. Ignorance of the law is not good, but this type of thing is getting ridiculous.

    10. Re:In other news... by jc42 · · Score: 1

      Yeah, and this "anti-circumvention" thing is something rather new. It's really a scheme to legalize fraud by sellers.

      It used to be that, if you bought a book or music (printed or recorded), there was no question about your right to read the book or play the music. Now, I can sell you a book or music in electronic form, and if you succeed in reading the book or playing the music, I can sue you. This is an entirely different use of "copyright". It really has nothing to do with you copying anything; its purpose is that it allows me to fraudulently sell you something that I've purposely made difficult to use, and prosecute you if you succeed in using it anyway.

      But I was really reacting to the "secret copyright" idea. This isn't really a new problem. We've long had a problem that you can't always discover whether something is copyrighted, or who owns the copyright. I commented on asking a few music publishers about this, and verifying that they know what they're doing. They are intentionally keeping their copyright secret. This is clear when they say "All you have to do is buy a copy of everything we've ever published and search through it all."

      Part of the interesting thing about this copyright secrecy is that we now have the ability to solve it. This has come out quite clearly from the threat by publishers to prosecute google and other search sites if they index the full text of publications. This would allow anyone to determine exactly where a given passage has been published. But the publishers are using copyright law to block this. They are knowingly preventing us from discovering who owns the copyright to a text or music passage. They want to keep knowledge of copyright secret, presumably so they can sue us when we unknowingly violate their secret copyright.

      There's a lot to be cynical about here.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  4. One step forward (backward) by Southpaw018 · · Score: 4, Insightful

    This isn't even in the same realm, is it? That's why I say one step...perhaps the better term would be "away" and not forward or backward. Our constitution doesn't cover the issue of fair use rights as far as I'm aware, but shouldn't legal precedent prevent anything this insane from being upheld on challenge?

    --
    ACs are modded -6. I don't read you, I don't mod you, I don't see you. Don't like it? Don't be a coward.
    1. Re:One step forward (backward) by j0nb0y · · Score: 4, Interesting

      While fair use rights are not specifically in the Constitution, the US Supreme Court has ruled that they are implied. Free speech implies that you have certain fair use rights.

      There is a lot of confusion about this, because fair use rights were detailed in the copyright act of 1976. Previous to this however, fair use rights were protected by Supreme Court rulings.

      IANAL

      --
      If you had super powers, would you use them for good, or for awesome?
    2. Re:One step forward (backward) by DannyO152 · · Score: 1

      Customary? In the 16th century, you could print a play if you had a press and could find an actor who'd recite the lines to you. Oh there were the authorized publications, which came from the author's manuscript, which were more likely to be correct and complete.

      Or how about the 19th century? The United States did not enforce foreign copyrights. And foreign or domestic copyright notwithstanding, if a traveler bought a book in the United States, they could read it abroad. Customarily, there were no region codes.

      And while we're returning to the practices of an by gone period, may I have from the RIAA firmware updates to my early 90s Sony DATman. Being an under-capitalized artist I had to acquire the version that would not allow digital copies of my performances of my song. I think allowing the author full rights to copy their works would fall under customary. And it was interference and threats by the RIAA which caused lower cost "non-professional" U.S. DAT recorders to include serial copy management in the first place.

    3. Re:One step forward (backward) by Anonymous Coward · · Score: 0

      Of course, the constitution forbid any special relationship between government and private industry that goes beyond protecting against force and fraud. Clearly, the root of the problem is this relationship, because otherwise the industry could have no more power than any one indivdual. The root of this problem is government.

    4. Re:One step forward (backward) by ceoyoyo · · Score: 1

      We need customary historical use here in Canada. You know, where it's historically customary to be legally entitled to make copies of music!

    5. Re:One step forward (backward) by Geoffreyerffoeg · · Score: 1

      While fair use rights are not specifically in the Constitution

      Oh yes they are. Amendments 9 and 10. I haven't seen a better embodiment of "fair use rights".

  5. funny by realTremens · · Score: 2, Insightful

    "At the height of their cultural power, the samurai were authorized to kill peasants for an insane number of reasons, including 'acting in an other than expected manner.' So look on the bright side: at least we don't live in feudal Japan... yet." haha

    1. Re:funny by o_miljac · · Score: 0

      not yet ... but they will be able soon to throw people in prisons doing slave labour to boost local economy.

    2. Re:funny by Anonymous Coward · · Score: 0

      Imminent domain!

    3. Re:funny by Anonymous Coward · · Score: 0

      Eminent.

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

      As John Holt argues in Freedom and Beyond, a society that creates rules about what you *can* do is much more restrictive than one that creates rules about what you *can't* do. This sounds counter-intuitive, but is true.

      Killing peasants for "acting in other that the expected manner" and prohibiting all devices that don't get prior approval are examples of this greater restriction on freedom.

  6. Thought Police are patrolling the 'hood by rts008 · · Score: 1

    WTF?... I can't wait for these dinosaurs to kick off and shut the f*sk up. Man I hope this is just FUD! If not- we need to gather teabags, and look out Boston Harbor. Sheesh! Enough of this crap already. **AA: you're obsolete- get over it! Welcome to the 21st century!

    --
    Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    1. Re:Thought Police are patrolling the 'hood by advocate_one · · Score: 4, Insightful
      don't use teabags... I know what you're getting at, but , instead, chuck DRM'd CDs and DVDs into a furnace... in public, with the media present, and explain to them exactly why your NOT gonna take it anymore...

      reminds me of the movie Tommy, where the disciples were made to wear earplugs, blindfolds and put corks in their mouths and told to play pinball... in the end, the disciples told him where to shove the cork...

      we, the consumers, have the ultimate power... we can just stop buying or watching their crap... don't pirate it though, just don't buy it or subscribe to stations which force this on you...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    2. Re:Thought Police are patrolling the 'hood by TheSalzar · · Score: 2, Funny

      We should have a boston cd party

    3. Re:Thought Police are patrolling the 'hood by BrynM · · Score: 4, Insightful
      I can't wait for these dinosaurs to kick off and shut the f*sk up.
      People have been saying this for 30 years. It's not going to happen. It's a system. It won't just up and die one day, it has to be changed (which you also note). Young, ambitious people can be greedy too. Especially when they have teachers.

      I think we're seeing the stranglehold on music being shaken, but there will always be greedy bastards trying to pull one over. For now it's an arms race between legislative gaming ("them") and consumer education ("us"-ish). Sadly, consumer education isn't as easy as it sounds in a media based nation like the US. I personally have almost given up on spamming congresscritters. I'm afraid it's white noise to them by now. What worries me more than these individual battles is the signs of democracy being injured in the process. As a whole, we're not long-term fighting very much. We're putting out legal fires where/when/if we can.

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    4. Re:Thought Police are patrolling the 'hood by rts008 · · Score: 1

      Spoken with wisdom. Yes, you are right- sorry for "losing it", but sometimes letting off a little steam can postpone the blowup. It just gets frustrating, the phenonoma that boinks my brain: as individuals, I have met and enjoyed the company of a lot of bright people; put them in a large group, and it seems the collective IQ drops to 30% instantly. ????!!!!!???? Convincing enough individuals to sway the "collective idiot" seems near impossible from all of my observations so far.... Oh well, just keep trying is all I know.

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    5. Re:Thought Police are patrolling the 'hood by rts008 · · Score: 1

      Yeah, you are right on- I just lost it for a moment. Also, I've had several replies reminding me that I'm livin' in the dark ages- forget the teabags, this is the digital age- Boston CD Party! w00t!! (thanks for the reality check) *treehuggers cringe*!!

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    6. Re:Thought Police are patrolling the 'hood by Loconut1389 · · Score: 1

      please do so in a well ventilated area. I would rather not die of toxic plastic and RIAA poisoning

    7. Re:Thought Police are patrolling the 'hood by HangingChad · · Score: 3, Insightful
      I personally have almost given up on spamming congresscritters.

      Unless you're buying expensive dinners for them, or shuttling them around in your private jet or paying for travel to exotic locations, it's likely you're part of that pesky background noise your legislator's lobbyists are trying to shield them from. To them you're part of a well meaning but ultimately not very bright group of people called constituents who don't understand how things really get done.

      http://www.palmbeachpost.com/politics/content/na tion/epaper/2006/01/01/a2a_bellsouth_0101.html

      --
      That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    8. Re:Thought Police are patrolling the 'hood by node+3 · · Score: 1

      we, the consumers, have the ultimate power...

      Yes, but that power is not organized. We don't use our power rationally, because the disorganized, unfocused collective isn't rational.

      We, the consumers, have wielded our ultimate power, and we've chosen to accept DRM, even if an overwhelming majority of us, had we a democratic vote, would emphatically cast it against DRM.

      we can just stop buying or watching their crap... don't pirate it though, just don't buy it or subscribe to stations which force this on you...

      If your plan counts on this, I suggest you find a new plan. It's just not going to happen.

      If I want a particular song, and it's only legally available with DRM, what rational argument do you have to convince me not to either buy it, or "pirate" it? Show me a true movement, with true potential, and perhaps you can convince me to join it, but if it's just me and like 200 other people on Slashdot, we're not going to have an effect. Why engage in self-immolation if you know it's going to do no good?

    9. Re:Thought Police are patrolling the 'hood by Luigi30 · · Score: 2, Funny

      I don't think Tom Scholz would be very happy.

      --
      503 Sig Unavailable

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    10. Re:Thought Police are patrolling the 'hood by garyboodhoo · · Score: 2, Insightful

      The purpose of these organizations is basically distribution & marketing. Groups accumulate power, only to see it fall away when they become irrelevant: East India Company, the Steel, Railroad and Telegraph industries, any number of nationalistic world powers (Portugal was once feared!), the Soviet Union, etc...

      While I suppose people have been hoping for the media cabal to "kick off and shut the f*ck up" for 30 years, only in the current era is that a reasonable expectation.

      Straight up supply and demand really. The spice will flow whether the RIAA/MPAA have a hand in it or not. Ironically, while demand is as great as ever, proposed legislation of this sort only drives supply to other channels. Generally speaking, consumers prefer not to be treated as criminals.

      --
      :: the general public is as disinterested in advanced art as ever
    11. Re:Thought Police are patrolling the 'hood by dangitman · · Score: 1
      but , instead, chuck DRM'd CDs and DVDs into a furnace... in public, with the media present, and explain to them exactly why your NOT gonna take it anymore...

      Wouldn't it be more effective to throw RIAA executives into the furnace?

      --
      ... and then they built the supercollider.
    12. Re:Thought Police are patrolling the 'hood by aussie_a · · Score: 1

      please do so in a well ventilated area. I would rather not die of toxic plastic and RIAA poisoning

      Hey, I never knew there was a second type of RIAA poisoning.

    13. Re:Thought Police are patrolling the 'hood by dangitman · · Score: 1
      It's not going to happen. It's a system. It won't just up and die one day, it has to be changed (which you also note). Young, ambitious people can be greedy too. Especially when they have teachers.

      Somewhere in the nation, a 7-year-old is torturing his first kitten. One day, this boy will become the Vice President of the USA and follow in the footsteps of our esteemed leaders.

      --
      ... and then they built the supercollider.
    14. Re:Thought Police are patrolling the 'hood by aussie_a · · Score: 1

      Why engage in self-immolation if you know it's going to do no good?

      I know I'm not trying to save society. I am just looking out for myself. But I don't consider avoiding certain types of DRM as harming myself. If the artist decides to go with a company that will employ DRM I dislike, so be it. There's plenty of other fish out in the sea. The thing is, I've decided to look beyond what is on MTV or the local cinema, and look for quality stuff that I'll actually enjoy.

    15. Re:Thought Police are patrolling the 'hood by Milikki · · Score: 1

      Just remember at this tea party that one of the major forces you want to throw into the river is Sony.

      DONT buy Sony TV
      DONT buy Sony Stereo
      DONT buy Sony PS3

      I know it will be very difficult for most of the readers here, but I bet with one hand they give all that is the RIAA/DRM/BluRay the finger and with the other hand they give over wads of dough to one of the major forces behind all this evil.

      Give sony a message. Let the pallets of PS3 rot in the warehouses. But being who the crowd at slashdot is, I suspect many of you will be outside BestBuy at 12AM on release day.

      Kevin

    16. Re:Thought Police are patrolling the 'hood by aussie_a · · Score: 1

      And what are you doing to change it? Let me guess, nothing. It's easy to be powerless, I have no pity for you (unless you're actually working towards doing something other then moaning on slashdot).

    17. Re:Thought Police are patrolling the 'hood by Dorceon · · Score: 1

      Are we all invited to the Boston Dance Party?

      --
      What sound do people on rollercoasters make? Hint: it's not Xbox 360.
    18. Re:Thought Police are patrolling the 'hood by masdog · · Score: 2, Insightful

      Well, I could go to Washington, stand outside the office of my Congressmen, and try to talk to him every time he comes and goes. I don't think I would get too far with that idea, and the Secret Service/Capital Police might have a problem with it.

      I could also try to start an organization in my congressional district and organize people, but then I have to come up with the funding and time to get my message out.

      The problem isn't people. There are tons of people who care. But this type of thing, even if you care, generally doesn't rank too high on priorities because of things like work, family, education, and church (if one chooses to participate in that social organization). To add to this, the inflationary economic policy of the United States makes budgets tighter, so people have to work more to keep their lifestyle.

      So in the end, my best bet end up being a boycott.

    19. Re:Thought Police are patrolling the 'hood by jmanforever · · Score: 1

      "I don't think Tom Scholz would be very happy."

      That was good. I'd mod you up if I could.

      Somehow, I doubt that many of the younger slashcrowd has any idea who Tom Scholz is.

    20. Re:Thought Police are patrolling the 'hood by HangingChad · · Score: 2, Interesting
      And what are you doing to change it?

      You should try the "search" feature before putting your dick in the dirt in front of thousands of people.

      --
      That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    21. Re:Thought Police are patrolling the 'hood by jc42 · · Score: 2, Insightful


              I can't wait for these dinosaurs to kick off and shut the f*sk up.

      People have been saying this for 30 years.


      Actually, it's more like a century. Since the first recordings came out, there have been new technical advances in recording and playback equipment every few years. It's hard to find a single advance that didn't get this reaction from the companies making money from the older technology. Almost always, they try to ban the sale of new equipment to anyone except themselves. The idea of a government-enforced monopoly is nothing new, and that's what this proposed law really is.

      Hollywood came into existence basically as a way of fighting Edison's controls. At the time, travel and communication were sufficiently slow that operations in California couldn't be controlled from the East Coast. If you set up shop there, you could produce something and make a bundle from it before the Big Guys could stomp on you, and you'd have the money to fight them. This helped turn California into the powerhouse that it is today.

      The current rearguard action against new technology by big American corporations is only forcing innovation to move to places outside the reach of American law and its enforcers.

      (BTW, there is some really good music being produced outside the US, often in countries that most Americans couldn't find on a map. Check it out.)

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    22. Re:Thought Police are patrolling the 'hood by buswolley · · Score: 1

      That is one of the best ideas I've heard in a long time. .. It should be done....really.

      --

      A Good Troll is better than a Bad Human.

    23. Re:Thought Police are patrolling the 'hood by Lord_Dweomer · · Score: 1
      Well put. People wonder why industries remain sleezy and don't change. The reason why is that it just takes a few greedy people out of the BILLIONS of people alive to perpetuate the situation. That's why we still have shady politicians and music execs.

      However, there are some things that plant the seeds of change that they can do nothing about. We are very fortunate that this digital revolution has occured and that Steve Jobs has been the one ushering it in. They'll fight...but as everybody knows, the cat is most definitely out of the bag, and he's already shredded it so they can't put him back in with his razor sharp P2P claws while he listens to his iPod. And their attempts to sue him back into the bag only piss him off and make him want to scratch the executives.

      --
      Buy Steampunk Clothing Online!
  7. Is anyone here an Oregon voter? by MaelstromX · · Score: 5, Informative

    Please contact your lamebrained Senator to let him know what you think of the bill he's introducing.

    1. Re:Is anyone here an Oregon voter? by feyhunde · · Score: 1

      I'm from Roseburg, and I'm part of his major constancy of rural folks. And I appealed to his belief in the principles of small government, and the fact that this will break Oregon's tech market. While our media market sucks. Really makes no sense for an Oregon senator to vote for, let alone submit.

      --
      I'd say more, but my guild is raiding.
  8. Will this eliminate Software Patents? by ArsenneLupin · · Score: 4, Funny
    Indeed, by definition, a patent describes something "new" (at least, in theory, it should...).

    If it's "new", it cannot be "customary historic". Thus, at least in the area of multimedia, this law will mean that from now on, no algorithms may be patented.

    Either they have to admit that their algorithms are not "new", and they should not be patentable. Or they must admit that they are "new", and thus cannot be "customary historic". Now settle that among you, RIAA and patent sharks!

    1. Re:Will this eliminate Software Patents? by rts008 · · Score: 1

      Bottom line:

      Until we are *required* to get a neural implant/interface, then just keep an analog recording device around (current PC with decent sound card, tape recorder, etc.) to record whatever audio. Think about it- to output a signal that the ear can detect (listen to), it has to be analog, the human ear don't know adam from apple about a digital signal.

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    2. Re:Will this eliminate Software Patents? by AlterTick · · Score: 1
      Will this eliminate Software Patents?

      copyright law has nothing to do with patents.

      --
      Conclusion: the Empire squashes the Federation like a bug. Accept it.
    3. Re:Will this eliminate Software Patents? by ArsenneLupin · · Score: 1
      copyright law has nothing to do with patents.

      You mipselled "logic has nothing to do with law"

    4. Re:Will this eliminate Software Patents? by AlterTick · · Score: 1
      You mipselled "logic has nothing to do with law"

      No one claimed logic had anything to with this. Law is law. Copyright law != patent law.

      --
      Conclusion: the Empire squashes the Federation like a bug. Accept it.
    5. Re:Will this eliminate Software Patents? by Anonymous Coward · · Score: 0
      No one claimed logic had anything to with this.

      But wouldn't it be nice if logic actually applied to laws? You know, people are put into jail, and sometimes executed because of these! So the least the lawmakers could do is make sure that those laws don't contradict each other!

      Law is law. Copyright law != patent law.

      Nobody said that Copyright law was patent law either. Boy, what an idiot...

    6. Re:Will this eliminate Software Patents? by AlterTick · · Score: 1
      Nobody said that Copyright law was patent law either.

      No, but whoever chose the question that is the title of this thread:
      "Will this eliminate Software Patents?"
      well, they sure didn't seem to understand the difference.

      Boy, what an idiot...

      Perhaps, but I'm not the one asking if a proposed modification to copyright law will invalidate a portion of patent law. Even if intended as jest, it's pretty stupid.

      --
      Conclusion: the Empire squashes the Federation like a bug. Accept it.
  9. Bucket. by In+Fraudem+Legis · · Score: 1

    Maybe it's time for **AA to kick the bucket...

    --
    Per Aspera Ad Astra.
    1. Re: Bucket. by Black+Parrot · · Score: 5, Funny

      > Maybe it's time for **AA to kick the bucket...

      Sorry, but that's not a Customary Historic Use of buckets.

      --
      Sheesh, evil *and* a jerk. -- Jade
    2. Re: Bucket. by Anonymous Coward · · Score: 0

      Sorry, but that's not a Customary Historic Use of buckets.

      I'm afraid you're wrong. People have been kicking the bucket since before the invention of buckets.

  10. Been there, seen that, bought the T-shirt by Sique · · Score: 4, Interesting

    I've grown up in a country with a law defining the legal devices to replay recorded music. In this case it wasn't for home use though, but for public play like in a club or at parties. In this case it was probably to enable the state authorities to check the music for subversive content.
    But the idea is the same: To control the situation, forbid any not yet controlled entity to enter it.

    --
    .sig: Sique *sigh*
    1. Re:Been there, seen that, bought the T-shirt by Anonymous Coward · · Score: 0

      Was this Soviet Russia?

      Because you see, Mr. Quartet, in Soviet Russia, the law defines what devices can play you!

    2. Re:Been there, seen that, bought the T-shirt by Sique · · Score: 1

      It was East Germany. But close enough, yes.

      --
      .sig: Sique *sigh*
  11. Oy by c0dedude · · Score: 0, Offtopic

    Slashdot news cycle:
    1. Get whiff of bill potentially adding to draconian copyright protections.
    2. Post leaked draft of bill.
    3. Bill is introduced. Panic.
    4. Bill never sees the light of day due to massive infeasibility and congressional immobility. No coverage.
    5. Repeat from the top.

    --
    Since when has this country used intellectual elite as a pejorative term?
    1. Re:Oy by LionOfMacedon · · Score: 1

      I believe that such bills never see the light might partially be because of the publicity the draconian bill gets, which otherwise might have been passed *quietly*.therefore, in my opinion, I think it is necessary for such kind of news of introduction of bills to be posted on places like Slashdot, where the misinformed, and the uninformed can come to know about it.

    2. Re:Oy by jacoplane · · Score: 1

      Right. See: DMCA, Software patents. Maybe your step 3 is not such a bad idea afterall.

    3. Re:Oy by astralbat · · Score: 1

      Hear! Hear!

    4. Re:Oy by Metasquares · · Score: 3, Informative

      4b. Bill gets tacked on to other unrelated bill and is passed because everyone thinks they're improving hopitals or something by passing that second bill.

    5. Re:Oy by Rinkhals · · Score: 1

      Slashdot news cycle:
      1. Get whiff of bill potentially adding to draconian copyright protections.
      2. Post leaked draft of bill.
      3. Bill is introduced. No interest.
      4. Bill is passed due to massive levels of indifference.
      5. Repeat from the top.


      No, I think I like yours better.

      --
      "I'm a snake if we disagree"-Jethro Tull, Bungle in the Jungle
    6. Re:Oy by Gryle · · Score: 1

      Hey, it's the Customary Historic Slashdot Way to report the news.

      --
      Only two things are infinite, the universe and human stupidity, and I'm not entirely sure about the universe - Einstein
    7. Re:Oy by rfunches · · Score: 0

      Um...the point of #3 is to get enough /.ers up in arms to harass their (and other) lawmakers until they drop it. Do you there there were as many people on /. when the DMCA was passed compared to now? Sensenbrenner's BS idea of VEIL to protect video signals and this bill will have a much harder time because there are more people aware of it.

  12. I almost want to see them succeed by mallie_mcg · · Score: 1

    Now - I say this in the sense of only wishing to see them succeed in getting ONE of these scams err, schemes that limit fair use through. It will only stifle innovation within America on media devices - if the American public believe that they are missing out they will likely be able to get their senator/congressman/representative of the people to enact change that gives back the rights to people and removes them from this monopoly organisation

    I am not citizen of the US, nor have I ever visited - my country looks like it will soon be enacting some laws to give fair use rights to consumers that currently do not exist (.AU)

    --


    Do the following really mean anything? SCSA MCP CCSA CCNA
    --I'm not actually after an answer!
  13. Simple Solution... by Anonymous Coward · · Score: 0

    A simple solution is to stop watching videos or listening to music. If the **IA crap succeeds, that's what we'll all be doing anyway.

  14. Why stop there? by Wilson_6500 · · Score: 1

    Write both of your own state's senators AND this guy. There's no reason to keep your letter-writing campaign limited just to the guy who introduces the bill. Hit up the chairs of the committees it's sent to as well.

  15. Re:HAHAHA by silverkniveshotmail. · · Score: 1

    while you're probably right to an extent, this one steps beyond the severity of something that will only try and prevent you from making copies.

  16. Don't lie by Anonymous Coward · · Score: 0

    I have thought of assassinating these morons many many times, all the good civil rights and justified people have been assassinated, why not scumbags who exploit capitalism. Either the Gov/Law fixes these assholes, or the people, so called "thieves" or not, WILL! Go ahead and mod me down, like you've never thought of it before.

  17. 20 years or bust by mrshowtime · · Score: 5, Insightful

    "Customary Historic use" Something only a lawyer could come up with. Really, in 10 years everthing will be able to be downloaded relatively instantly and there ALWAYS will be rogue countries that will allow copyright infringement. Sites like Allmymp3.com will become a one stop shop for downloading media. Then, legislation will be introduced banning or making "unapproved" websites illegal to access. Heck, I would not even be surprised for the RIAA/MPAA to use whatever leftover version of the Patriot Act to stop people from downloading movies/music/media from "unapproved" countries in the guise of national security.

    In a way, I don't blame the media companies for freaking out. In 10 years physical media will almost be on it's way out. You will see much more use of "keys" and "rights mangement" built into EVERYTHING. Valve's Steam network is a good example of things to come. I would go as far to suggest that there will be one world standard coming in the next 10 years for rights management. You won't be able to buy hardware that won't connect to the internet to verify the intergrated rights mangement.

    The way they will get ya, is the "You can download -ANYTHING- now if you accept the new rights management built into everything." This sounds good, but the RIAA/MPAA are greedy a-holes as evidenced by the DIVX (the dvd player, not the codec) debacle; you won't own anything except limited rights that can always be revoked or blocked at any time. Let's say it's 2020 and you want to buy "A Clockwork Orange" only to find out it's blocked by your country for being subversive or obscene (like England did) Pretty much you will have no recourse, no bootlegs, no nuttin, except maybe that old dvd on ebay (if that has not been outlawed by reverse customary historic use).

    I guess with the world going to a cashless society in less than 20 years, I can forsee an "all in one" digital rights card/chip that you carry around with you that will not only get you into the movie theater, but buy downloadable movies/games/music/books/etc. Find a chip/card too cumbersome to carry around? well don't worry the new ruler of europe, Anthony T. Christ, just decreed you must have a RFID chip implanted in you, for -ALL- Commerce and as a bonus will throw in digital rights mangement for free!

    --
    "Jeremy, you need to get to an internet cafe and cut and paste some appropriate sentiments about me from the world wide
    1. Re:20 years or bust by stud9920 · · Score: 5, Informative
      and you want to buy "A Clockwork Orange" only to find out it's blocked by your country for being subversive or obscene (like England did)
      like england did not. Some copycat crimes happened in the UK, Stanley Kubrick, in no way linked to her majesty's government, retired the film in the UKuntil he died.
    2. Re:20 years or bust by quis · · Score: 1

      that's allofmp3...

    3. Re:20 years or bust by sumday · · Score: 1

      "there ALWAYS will be rogue countries that will allow copyright infringement."

      don't be so sure about that. Americans managed to get cannabis(an almost harmless drug, in comparison to modern perscription medicines, alcohol, and tobacco) completely outlawed in pretty much every single country in the world. I think, given enough time and money, they could do the same with intellectual propety law violation.

      --
      sudo killall humans
    4. Re:20 years or bust by Anonymous Coward · · Score: 1, Funny

      Screw you, limey. We're the US - we tell you what your history is!

    5. Re:20 years or bust by Hurricane78 · · Score: 1

      > "You can download -ANYTHING- now if you accept the new rights management built into everything."

      LOL. Do you REALLY think they would then make downloading "legal"???*

      Did you know that right now you already *pay* for making copies. (at least in germany) you pay on pcs, cd/dvd-writers and this special media "for audio" (that nobody with the slightest knowledge would use).

      And copies are still "illegal"*.
      You know that industry has only *one* objective: maximising profit.
      So if a company wants to have endlessly grow profit (impossible but still their target), we WILL steer to a world where you pay as much as you can for every singe listening, then pay additionally for your "download everything" connection, next you'll pay taxes going directly to the industry (subsitys for ex.), and finally:
      Any copy (including unauthorized listening [=copy from active speakers with digital DRM to ears]) will still be punished with the electric chair.

      And any company not following their rule of maximum profilt WILL go down the hill and be replaced by companies with less scruples...

      Try to prove me wrong!

      * the problem is that a small group (media industry) still has the money to define (il)legality. so we HAVE to change this.

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    6. Re:20 years or bust by emakinen · · Score: 1

      I think your dystopia is somewhat exaggerated. For the media industry, there is really no need for all-out control of digital content. It is enough, that the majority of consumers will not download copyrighted content without paying. When there is a DRM system which you can't break without knowing something about technology, it will guarantee sufficent profits. Of course they will harass the people downloading without paying, but that is the name of the game.

    7. Re:20 years or bust by Dunbal · · Score: 1

      and there ALWAYS will be rogue countries

            Countries that don't follow US copyright law are rogue countries now? Choose your words more carefully before insulting the rest of the world.

      --
      Seven puppies were harmed during the making of this post.
    8. Re:20 years or bust by geminidomino · · Score: 1

      don't be so sure about that. Americans managed to get cannabis(an almost harmless drug, in comparison to modern perscription medicines, alcohol, and tobacco) completely outlawed in pretty much every single country in the world. I think, given enough time and money, they could do the same with intellectual propety law violation.

      Hopefully, with the same effectiveness. Sure, technically it's illegal in the Netherlands...

    9. Re:20 years or bust by Anonymous Coward · · Score: 0

      Some copycat crimes happened in the UK, Stanley Kubrick, in no way linked to her majesty's government, retired the film in the UKuntil he died.

      I can vouch for this. I remember having to import a region 1 copy of the film from Canada, then a week or two later the director died and it suddenly appeard in the UK as a regular region 2 release.

    10. Re:20 years or bust by Woldry · · Score: 1

      Off topic, I know, but:

      I guess with the world going to a cashless society in less than 20 years

      I've been hearing about the imminent arrival of a cashless society all my life. I'm now in my mid-40's. While there is a growing use of non-cash means of payment, I have serious doubts that cash will go out of use -- there are far too many circumstances when it's useful. I envision something more like what's happened with print media -- sure, there are many of their older uses that have been co-opted by radio, TV, movies, the Internet, e-books, databases, etc., but the "paperless society" that was predicted when computers began to spread just hasn't happened and, I suspect, never will. Ditto for the "cashless society".

      --
      How can a post be modded "overrated" or "underrated" when it hasn't been rated yet?
    11. Re:20 years or bust by darkstar949 · · Score: 1

      Didn't they say something ten to twenty years ago about how printed media was going to be phased out? Since bookstores still seem to be around I doubt that there will ever not be a means to buy movies and music in a "hard" format - but the question will be what you can do with them in that format.

      Personally, I like the fact that I can rip all of my CDs to play with my MP3 player when I am at the gym, and I also like the fact that rip some movies to play on my laptop when I go on trips. As such what is going on now will affect what the next generation "hard" media format will be and how it will work.

    12. Re:20 years or bust by Myopic · · Score: 1

      i think that's absurd.

      england is also the country which, when crime rates rose, gave up the right of firearm ownership, then when crime rates went up some more, they started talking about getting rid of big knives. clearly the english have a different way of looking at individual rights than americans do.

      / comment aimed at the english, not at the parent poster

    13. Re:20 years or bust by Fulcrum+of+Evil · · Score: 1

      england is also the country which, when crime rates rose, gave up the right of firearm ownership, then when crime rates went up some more, they started talking about getting rid of big knives.

      Didn't they also talk about banning pointy knives?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    14. Re:20 years or bust by Gnavpot · · Score: 1

      england is also the country which, when crime rates rose, gave up the right of firearm ownership, then when crime rates went up some more, they started talking about getting rid of big knives. clearly the english have a different way of looking at individual rights than americans do.

      Yes, the English must clearly be doing something wrong. How else can you explain these figures:

      Gun deaths (homicide) per 100,000 population:
      USA (year 1999): 4.08
      England/Wales (year 1999/2000): 0.12

    15. Re:20 years or bust by Anonymous Coward · · Score: 0

      Americans prefer freedom to low crime. we want to be free. It's okay that the English (and French, and Swedish, and...) don't, we Americans just think that's silly.

    16. Re:20 years or bust by mark2003 · · Score: 1

      What a load of b*llocks

      We always had very restrictive laws on fire arms, we banned certain weapons after Michael Ryan went mental in Hungerford and killed a large number of people.

      I mean how stupid are we? Somebody shoots a whole load of people with a semi-automatic rifle and we ban semi-automatic rifles. In Columbine, or many other places in the US, somebody shoots a whole load of people and there is outcry against computer games, rock music and everything but the one thing that allowed them to kill a large number of people. Doh!

      Maybe that's why our murder rate is so much lower than it is in the US?

      Logic? No - you're gonna have to drag that out of my cold, dead hands...

    17. Re:20 years or bust by Damvan · · Score: 1

      "In Columbine, or many other places in the US, somebody shoots a whole load of people and there is outcry against computer games, rock music and everything but the one thing that allowed them to kill a large number of people. Doh!"

      Amen Brother! (and I am an American)

      I have had several gun freaks (people who own large numbers of firearms) actually tell me, when asked why they have so many guns, that they keep so many guns so they can stop the government from taking them.

    18. Re:20 years or bust by Myopic · · Score: 1

      okay i'll lay it out for you. i'm sorry i wasn't clear before.

      the test of whether the policy of taking knives away from citizens is "logical" is whether it is reasonable to assume it will achieve the end proponents claim. in this case, the claim is taking knives from citizens will result in a reduction of crime; so the question is whether it is reasonable to assume the prohibition will result in a reduction in crime, specifically stabbings; and the parallel policy we can look to, to see if that is a reasonable assumption, is the parallel policy of prohobition of firearms. so again, we look at the effictiveness of gun prohibition to see whether knife prohibition is "logical", and the test is whether crime went down after the firearm prohibition took effect. now, did it? i actually don't know the answer, i have only been told that it did not. so if i am right, and firearm crime did not decrease after firearm prohibition, then it is *illogical* to say that knife prohibition would result in a decrease in knife crime. that's what i meant about illogical.

      in america, though, as i further said, we value more than just reducing crime, which of course is a laudable goal. in america, though, we have a preoccupation with freedom which our brithish brethren do not share (insert comment about taxation without representation here). we americans value freedom as an end of its own, and thus, the freedom to posess a firearm is something we would balance against the suggestion that we could reduce gun crime by outlawing guns. me myself, i'm not a firearm owner, i'm more of a really really cautious libertairian, fearful of a repressive government, and thus i want the citizenry armed to a level sufficient that we could defend ourselves against (this is the preposterous extreme) an occupying government (whether elected or invading).

      now, your comment about columbine is inflammatory. the boys didn't shoot up the school because they had guns, they did it because they were fucked up in the head (why don't you blame Michael Ryan?). those kids also had access to bombs, as bombs are pretty easy to make and use and do a lot more damange, but they chose guns. i'm not willing to blame a tool for its user's crimes. frankly, i'm also not too worried about gun crime either, as we are currently enjoying the lowest crime in history. if your crime is so much lower, what the heck are you so worried about? and don't worry about the outcry over guns, there is a very large very vocal segment of our population which wants to do away with firearms. they might succeed, if they can ever muster a 2/3 majority of the population.

      anyway i hope that logic thing is clear now.

  18. Nerd Employment Preservation Act of 2006 by MillionthMonkey · · Score: 4, Funny
    I'd like a law like this too. If technology ever makes my job obsolete, I plan to stay at home watching TV and receiving payments from my current employer, as mandated by a proposed law intended to preserve the status quo I enjoy today: the "Nerd Employment Preservation Act of 2006".

    If we scrape together some money we can easily have this done. Republican Senator Gordon Smith, for example, the genius behind this fair use bill, can be bought for pretty cheap:
    Between May 2001 and May 2002, Abramoff wrote three $1,000 checks to Smith, followed by a $2,000 check in June 2002 from one of his main clients, the Mississippi Band of Choctaws. In late October 2002, right before Smith's reelection, while he enjoyed a large lead in the polls over Democrat Bill Bradbury, the senator accepted three more checks totaling $4,000, two from the Mississippi tribe and one from another Abramoff client, the Agua Caliente Band of Cahuilla Indians in California. Since the election, Smith has received two additional checks from Abramoff's Indian clients, totaling $6,000.
    Why should record companies get all the status quo preserving laws? If everyone in this thread were to donate $10 to a special PAC, we could probably get the "Nerd Employment Preservation Act of 2006" passed easily. And we could make extra money by taking short positions on the stocks of all our employers before Wall Street finds out about our new law.
    1. Re:Nerd Employment Preservation Act of 2006 by HTL2001 · · Score: 1

      don't think this is too far fetched either - transit workers and other workers in NYC get this when they retire

      --
      By reading this, you have given me brief control of your mind.
    2. Re:Nerd Employment Preservation Act of 2006 by melikamp · · Score: 1

      Your ideas are intriguing to me and I wish to subscribe to your newsletter.

  19. Fair Use isn't an RIAA policy. by jcr · · Score: 4, Informative

    It's a doctrine of copyright law, which the RIAA and its predecessors have always fought against.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  20. Lovely. by Jaazaniah · · Score: 5, Informative

    When technology first came along and swept music into our lives, it did so en mass. Further broadening the broadcasts will cost someone, that's for sure, but locking codecs into laws, linking ridiculous software patents to laws that won't expire without being smited by a judge with common sense? Here's a funny story. When Phillips and Sony finalized Red Book in 1979, it was done based off another technology source, Laserdiscs. If someone tried that today, they would be swamped by roughly 30 letters of patent infringment warnings, and if this law passes a startup that builds it's own machine (and for arguement's sake avoids stepping on toes) based on HD broadcasts would get slapped with a violation of this new ridiculous bill. (by way of bypassing the Customary Historic Use hardware regulations) Not only is this a blatant slap in the face for creativity in business, but it is also a "Pay to use our patented broadcast flag technology in your hardware or get sued for not doing so anyways!"

    And just so I don't fire people up without giving them an outlet, here's some useful links. We need to hound the government EN MASS to get this proposal squashed.

    Contact List
    U.S. Chamber of Commerce - This law is anti-competitive for the above reasons (and likely more). Let them know.

    State-sorted contact list of state senators - Can you write effectively, and do you want to make a difference? Go here and DO it. There's no reason to sit idle if you, as a citizen here, have an objection. Get others to do it too. Send them the link. Mass email it, mail in an old fashioned petition. Senators don't read Slashdot, and don't consult geeks unless it involves upgrading computers. Go here.

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

      When Phillips and Sony finalized Red Book in 1979, it was done based off another technology source, Laserdiscs. If someone tried that today, they would be swamped by roughly 30 letters of patent infringment warnings

      Only if you're talking about a newbie company trying to introduce something.

      The big media/manufacturing companies have enough overlapping patents that you'd see yet another licensing agreement or organization that forces everyone else to adhere to the standard and pay royalties, just like with DVD and its successors, HDTV, etc.

    2. Re:Lovely. by zoeblade · · Score: 1

      When Phillips and Sony finalized Red Book in 1979, it was done based off another technology source, Laserdiscs. If someone tried that today, they would be swamped by roughly 30 letters of patent infringment warnings

      Except that Laserdiscs were also made by Philips. Someone there asked the technical people if they could use the same technology for plain audio as well as video. See The Compact Disc Story for details.

  21. Downloading in Holland by tsa · · Score: 2, Informative

    In my country (The Netherlands) downloading for your own use is legal (sorry - the links you get are mostly in Dutch). I hope it stays this way for a long time; this prevents moronic laws as the one described in the article to enter Europe for a long time to come. Hopefully.

    --

    -- Cheers!

    1. Re:Downloading in Holland by tsa · · Score: 1

      Grrr, something went wrong with the link. I meant this one .

      --

      -- Cheers!

    2. Re:Downloading in Holland by the+eric+conspiracy · · Score: 1

      It's a two-edged sword. Lack of a pan-European DRM policies are inhibiting distribution of digital media in Europe compared with other areas of the world. So in the end Europe is really the loser in this area.

      Here is a good article about this issue:

      http://www.theregister.co.uk/2004/04/20/european_u nion_drm/

    3. Re:Downloading in Holland by Weedlekin · · Score: 1

      Anyone who actually applies a modicum of intelligence to that article (something which is a required skill with anything from The Register, whose articles should never be taken at face value) will know that what actually says is as follows:

      The global recording and film industry has decided that they could earn a lot more money in Europe if certain annoying impediments to bigger profits are removed:

      1. Those annoying national royalty collection agencies who stubbornly insist on funnelling large portions of what they collect to pesky, money-grubbing artists.

      2. National distribution companies who expect to earn a percentage from each sale for the trivial task of ensuring that national copyright laws are complied with, promotions and the like are in the correct language and in line with national sensibilities, proven and profitable national retail chains are taken advantage of, etc.

      3. Dominant DRM schemes that are owned by greedy Microsoft, who actually expect to be _paid by the global media industry_ (shock, horror!) for use of their system, and stubborn Apple, who insist on keeping total control of theirs.

      Oh woe is the poor media industry, beset by all these adversities. But wait! There is hope in the form of the European Commission, an organisation more corrupt than the sum of the governments of ten banana republics. Only they can be bribed^H^H^H^H^H^H shown that the current situation of many small different organisations is evil, and must be replaced by one where all licensing, distribution, and DRM technology is owned and administered by a single benevolent media industry monopoly. And we shall tell the world of this via The Register, an organ famed for publishing uncritical paraphrased press releases as articles that even those who claim to be geeks believe.

      --
      I'm not going to change your sheets again, Mr. Hastings.
  22. Quote from 1984 anyone? by AHuxley · · Score: 5, Insightful
    So they want total control over the next generation?

    "And if all others accepted the lie which the Party imposed--if all records told the same tale--then the lie passed into history and became truth.

    You will study a RIAA/MPAA approved course, work in a RIAA/MPAA approved media job and get your pension from a RIAA/MPAA approved company.

    No lost 'clips' from the past - just one RIAA/MPAA view of the past - as they will have the only keys to all the press archives.
    Political parties and families can be assured that all the bad stuff is locked away for good now.
    No ghosts from the past to upset any political party 20-30 years on.

    Images of young men and woman before the courts as minor officials will just not exist away as they move up the ladders of power.
    Images of your now top leaders shaking hands with friendly dictators, giving testimony about arms deals or military excesses
    will now all be encrypted.

    --
    Domestic spying is now "Benign Information Gathering"
    1. Re:Quote from 1984 anyone? by Mancat · · Score: 1

      Okay. I know they're bad and all, but maybe you should tone it down a little? You're more than paranoid.

      --
      hello dear sirs my name is jamesh i are india (bihar) can u guide me install red had linux 9?
    2. Re:Quote from 1984 anyone? by TubeSteak · · Score: 1

      that's why there are websites like crooksandliars.com or thememoryhole.com

      Politicians and companies try to make inconvienent information dissappear all the time, but there will always be someone documenting everything.

      Shit, even Google's cache will, for a limited time, retain inconvienent information that's already been changed on whatever website.

      --
      [Fuck Beta]
      o0t!
    3. Re:Quote from 1984 anyone? by Myopic · · Score: 1

      that's a comically hyperbolical post, but come on mods, it should be moderated funny, not insightful.

  23. No collision with Software Patents by Gnavpot · · Score: 1

    If it's "new", it cannot be "customary historic". Thus, at least in the area of multimedia, this law will mean that from now on, no algorithms may be patented.

    Nice try. But your logic is incredibly flawed, even if it was meant as a joke.

    The RIAA/MPAA does not and can not decide if new algorithms can be patented.

    Nothing prevents you from patenting a new algorithm. But if you want that algorithm to be used for content controlled by RIAA/MPAA, their approval will be necessary - or at least they want their approval to be necessary.

  24. More information on the Broadcast flag by Anonymous Coward · · Score: 0
    From Wikipedia:
    1. Broadcast flag
    2. Digital Content Protection Act of 2006 (Not yet written, maybe someone feels up to the task).
    3. This one is kind of unrelated, but also in the same vein: Digital Transition Content Security Act
  25. OK by me! by paiute · · Score: 3, Funny

    I still have all my old wax cylinders. That damn punk Rudy Vallee - I showed him at last.

    --
    If Slashdot were chemistry it would look like this:Cadaverine
  26. Prevent Americans, not anyone by jemnery · · Score: 5, Insightful

    Sorry, but the article refers to American trade associations. I live in a country (the UK) that used to rule a large part of the world, and be by far the most advanced in industry and technology. This is no longer true. If the US wants to go the same way, just keep on stifling innovation in this way. There's nothing to stop China, India, Sweden etc etc from innovating with complete freedom.

    This is not intended to start a flamewar; I've been to the US and enjoyed it, and I'd be the first to defend all the good things that have come from America (despite the current administration).

    1. Re:Prevent Americans, not anyone by mrscorpio · · Score: 0, Troll

      Nothing except the fact that China and India (the former especially) have a distinct lack of freedom, and who takes the Swedes seriously?

    2. Re:Prevent Americans, not anyone by Anonymous Coward · · Score: 0

      and who takes the Swedes seriously?

      Especially since we (the swedes) introduce our own laws, e g the recent one that makes it illegal to download copyrighted material that isn't explicitly permitted to be freely distributed.

      And also, I wouldn't get my hopes up too much. As a part of EU, legislation seems to converge on the most evil/least permissive of the regulations of the participating countries. And EU is more or less bought by USA anyway.

    3. Re:Prevent Americans, not anyone by Anonymous Coward · · Score: 0

      China and India (the former especially) have a distinct lack of freedom

      You should really try travelling outside of your own borders once in a while before shooting your mouth off.

      India lacks freedom? Excuse me? Have you seen the chaos that is India? China - please, as long as you don't criticise the government you're arguably freer to do whatever you want than in the USA - if anything it's too much anarchy. Your point about Sweden is peurile. There was a time when nobody took the USA seriously, and that time is approaching again - it is already the subject of snickering the world over.

    4. Re:Prevent Americans, not anyone by Don_dumb · · Score: 1

      You point out the lack of freedom of these countries, but this law would reduce freedom in the 'land of the free'.
      Ironically, it doesn't matter if these countries are free or not. What the parent was pointing out is that the US laws only apply to the US not for the whole world (no matter how much it tries to enforce its laws on everyone else) and all that needs to be done to make this law useless (outside of the US) is that someone in these 'freedomless' states just makes hardware that doesn't comply with these laws and distributes it. As soon as this stuff is available outside the US, it will be available in the US.
      The same goes for Blu-Ray/HD-DVD DRM, DVD region encoding and everything that benefits no-body and harms the consumer.

      --
      If this were really happening, what would you think?
    5. Re:Prevent Americans, not anyone by Anonymous Coward · · Score: 0

      It's funny how people only doubt the "current administration" when the US has waged war against some country, somewhere in the world, for every single year of the past 100 years. Incidentally, the Republicans and Democrats have ruled together over that time period. Neither party has dominated US politics over the other.

      It's simply big government getting bigger. The bigger it gets, the more destructive it gets. It doesn't matter who holds power. The root of the problem is power itself. There is only one possible solution: smaller government.

    6. Re:Prevent Americans, not anyone by Fulcrum+of+Evil · · Score: 1

      There's nothing to stop China, India, Sweden etc etc from innovating with complete freedom.

      Well, Sweden has high taxes and crushing regulation, so don't expect any innovation out of them. They made the bulk of their GDP back when they were more capitalist.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    7. Re:Prevent Americans, not anyone by mrscorpio · · Score: 1

      The point was that Britain reduced its own freedom and allowed the USA to grow and overtake it as world leader. I said that China and India are starting from an "unfree" point so it will not be as easy as it might seem.

    8. Re:Prevent Americans, not anyone by Anonymous Coward · · Score: 0

      India- not free ???? What medication are you on ? Its the largest democracy( in terms of voters) - and without the "advantage" of American military- industrial complex.

    9. Re:Prevent Americans, not anyone by meringuoid · · Score: 1
      The point was that Britain reduced its own freedom and allowed the USA to grow and overtake it as world leader.

      The USA would always have surpassed Britain. Larger population and greater availability of natural resources. In the late 19th century, we were looking at the industrial production figures from the US and Germany in the same kind of way as the US is looking at China now...

      What really did for the Empire was the fact that twice in the first half of the twentieth century pretty much the entire industrial capacity of the United Kingdom was given over to the military. While Europeans murdered each other by the millions, Americans profited and quietly took over our supply contracts.

      In 1945, Europe was a wreck. The UK had got off comparatively lightly, but was still desperately short of cash. Couldn't afford to field both the Imperial garrisons and the NATO troops... so the Empire had to go.

      Interestingly enough, our technology has remained excellent. Alas, because so much of it came out of military necessity it remained classified - and the Americans ended up profiting by it. There's the lesson: tying up technology in artificial restrictions is a bad, bad idea. Silicon Valley could so easily have appeared in England, developing out of Turing's wartime work - but of course that was all kept very, very secret.

      --
      Real Daleks don't climb stairs - they level the building.
    10. Re:Prevent Americans, not anyone by mrscorpio · · Score: 1

      I know you're an AC, but I'll reply anyway - do some research. Democracy does not necessarily equal freedom. Certainly India has some, but less than some totalitarian regimes. Then again, I could say the same of the USA nowadays....

  27. Re:RIAA by d4nowar · · Score: 4, Funny

    Yeah... it also lets you build houses/hotels on your property.

  28. This is Bullshit!!! by Anonymous Coward · · Score: 0

    Protectionism
    Racketeering
    Fraud
    Abuse of Public Trust.

    The truth is the **AA has within it's capacity to protect **AA content today and has had that capacity for at least the last ten years. Their reason for this are likely to stifle potential rivalry of new services and new content providers which is not provided by them and possibly to gain revenues from consumers who do not use their content in the first place (their actual market spans less then 1/4 of the US population).

    This legislation makes their authorized content the only legally available content consumers can legally digest. If I make a comical short in blender and rendered in POVray, you cannot watch it because I cannot pay the extortion fees leveed by the **AA. If we find a way around this, we will go to prison. My band and I have a web page with 20 downloadable mp3's for promotional purposes, it's the same thing.

    If Senator Gordon Smith understood the implications of what he proposed, he should be in prison. If he didn't, then he has no place in the Senate.

  29. The way to interpret this. by Anonymous Coward · · Score: 0

    The way to interpret this is to go back just a little ways in history and define "customary historic use" based on the highly-useful first Napster, before the RIAA censored it to smithereens.

  30. This makes independents illegal by Anonymous Coward · · Score: 1, Insightful

    Reread the article.

    This legislation is written to prevent any new competition arising from the benefits of the electronic age.

    If this legislation passes, there will be no such thing as independent ever again

  31. They can't kill you, yet by Anonymous Coward · · Score: 0

    Just try looking weird and strolling through the local mall. We live in a society where we have to enter private property to do almost anything. The property owner (and those who work for the property owner) can kick anyone off the property for any reason. I watched a harmless nut case being ejected last night. As far as I could tell, he had bothered no one. He just looked weird. (really weird)

    On the public streets you have some rights but those are eroding. In Britain the cops have much more extensive powers than they do here. They can stop and search anyone on suspicion that they may be carrying something harmful. They don't need a good reason. The result is that lots of people get searched for walking while black.

    Our forefathers started this country because they hated repression. What we're getting now is repression by the back door. The RIAA is in the vangard of our oppressors.

    1. Re:They can't kill you, yet by Anonymous Coward · · Score: 1, Informative

      >Our forefathers started this country because they hated repression.

      Well, except for those that were in it for reasons of tax evasion. Or those that came for reasons of self-repression like the pilgrims.

    2. Re:They can't kill you, yet by ScrewMaster · · Score: 4, Insightful

      True ... but taxes can be a form of oppression (probably the most common) with religious tyranny next on the list. Frequently both are simultaneously applied to a given population. Any way you look at it, one hell of a lot of people came to the New World to get away from what they considered "oppression" by their former government. Many took insane risks to do so: insane by our standards perhaps, but that's only because we take for granted that for which they were willing to risk everything.

      But that's what frontiers have often been all about: society's disaffected seeing both opportunity, and the possibility of escape from tyranny and persecution. What concerns me is that when America, indeed Western civilization itself, reaches the point that many of us will want to go somewhere else is that, well ... there isn't anywhere else. No new frontiers, no place to hide, no place to go for the chance of a better life. Unless we achieve some technological breakthroughs that open up space or the oceans for colonization on a massive scale there will continue to be no place to go.

      --
      The higher the technology, the sharper that two-edged sword.
    3. Re:They can't kill you, yet by Anonymous+Brave+Guy · · Score: 1
      In Britain the cops have much more extensive powers than they do here. They can stop and search anyone on suspicion that they may be carrying something harmful. They don't need a good reason.

      I call bullshit. Cite the relevant law please. Stopping and searching without any reason at all is a recipe for a losing encounter with the PCA, and that sort of thing can break careers if it gets bad enough.

      The result is that lots of people get searched for walking while black.

      And some senior police figures are very concerned by that, particularly since the Met was publicly denounced as institutionally racist.

      There is a problem, but it's rather unfair to pretend that everyone is ignoring it and no-one is trying to fix it.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    4. Re:They can't kill you, yet by belmolis · · Score: 1
      Our forefathers started this country because they hated repression.

      Partly true, but an important motivation for the American Revolution was the desire of many colonists to steal still more land from the Indians, a desire which Britain repressed by refusing to allow westward expansion. Many of the Founding Fathers were land speculators. It wasn't all as noble as its made out to be.

  32. Record companies banned by Anonymous Coward · · Score: 1, Funny

    Record companies banned for violating historic use law of piano rolls.

  33. What I Would Love To See... by s7uar7 · · Score: 4, Interesting

    ...is a new technology that becomes hugely popular in Japan & Europe, but that is banned in the US because of some law introduced at the request of the *AA. Maybe then people will wake up to how these things really effect them.

    1. Re:What I Would Love To See... by mrchaotica · · Score: 1

      Great, but since all the media is controlled by the *AA, who's gonna tell us about it?!

      I can just see Faux News now, warning us about the "new un-American ter'rist technology" that's "taking over" Europe and Japan...

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    2. Re:What I Would Love To See... by Anonymous Coward · · Score: 0

      They'll just get the WTO to pass a treaty outlawing the devices then only scary regimes like China and Iran will have these diabalical movie theft devices.

    3. Re:What I Would Love To See... by MagikSlinger · · Score: 1
      ...is a new technology that becomes hugely popular in Japan & Europe, but that is banned in the US because of some law introduced at the request of the *AA.

      Digital Audio Tape

      --
      The bitter lessons of a veteran coder: http://bitterprogrammer.blogspot.com
    4. Re:What I Would Love To See... by Thomas+Shaddack · · Score: 1
      Digital Audio Tape

      Which in its sub-pro versions was hampered with SCMS and was pretty much unusable. It also had 48 kHz samplerate, which was not directly compatible with 44.1 kHz rate of CDs. It never took off into mass use.

      The only DAT tapes I ever saw were used in tape backup drives.

  34. Simple by Anonymous Coward · · Score: 0
    Somebody needs to develop a digital media device for musicians and film makers to deliver their work directly to the consumer, then it is no concern of these fuckheads.

    Oh wait...

  35. It's all moot... by Anonymous Coward · · Score: 0

    What everyone seems to forget is that at some point, at least for music, the signal has to be transformed into analog to drive the speakers... thats how speakers work! At that point you can record it some how, some way and there you have it... all that DRM and stuff goes right out the window.

    1. Re:It's all moot... by jibjibjib · · Score: 1, Informative

      Even the analog signals will contain a "broadcast flag" which means they're not allowed to be copied It will be illegal to build a device which ignores this flag and copies the signal anyway.

    2. Re:It's all moot... by Anonymous Coward · · Score: 0

      Because we all know how making things illegal related to copying has stopped it from happening.

      I don't see how the flag in an analog signal can be used in the last step of the electrical impulses driving the speaker cones...

      If the RIAA wants to figure out a way to do that, I would love to see it, then I would love to seem them try to get everyone to buy these new speakers...

      As long as you can see or hear something its able to be copied... lets just hope they dont bring DRM/Broadcast flags into the eyes and ears of us all!

    3. Re:It's all moot... by MrLizardo · · Score: 1

      Yeah, but it would also be stupid easy to just "lose" that flag while doing a recording. If they don't want the audio to sound like shit, this "flag" has to be outside the human hearing range. If it's outside our hearing range, then just use an analog filter made out of cheap radioshack parts to hack off the flag. Then record it into a device that you *do* have end to end control of, like a tape recorder or any computer made before the great DRM law of 2007. Keep these current generation computers around! They might be useful once DRM is built into the hardware at a firmware level (and required by law...)

      --
      ^I'm with stupid.^
    4. Re:It's all moot... by dangitman · · Score: 1

      They'll just ban loudspeakers, then. But people will start using neural jacks, so the RIAA will ban electrons.

      --
      ... and then they built the supercollider.
  36. These laws expose the real goal of big media by jonwil · · Score: 0

    Big Media wants a world where if you want content, you can only buy/use the content they say you can buy/use.
    Contact your congressmen (preferably with a donation) to protest against Big Media. Promise to vote for the other guy if your congressmen support bills that are friendly to Big Media.
    There is a mid-term election comming up in america so now is the prefect time to drum up anti-big-media support (i.e. votes).

    Unfortunatly, it seems as though most of the sheeple voters in america care more about whether a woman can terminate an unwanted pregnancy or if two men can have a sexual relationship or what their kids should learn about the formation of the earth and the species that inhabit it than issues that really matter like the loss of civil liberties or the increasing power of Big Media or the various wars their givernment has gotten involved in or even wether someone in india or china will take their job tommorow.

    Thankfully I live in australia where this kind of crap doesnt happen.

    1. Re:These laws expose the real goal of big media by Anonymous Coward · · Score: 0

      no, the same laws are just implemented in australia under the 'fair trade' agreement - and the 'fair trade' agreement is flogged to the people as something completely different.

      so, is canada still lookin good?

    2. Re:These laws expose the real goal of big media by MrLizardo · · Score: 1

      Cold...Canada looks cold.

      --
      ^I'm with stupid.^
    3. Re:These laws expose the real goal of big media by jonwil · · Score: 1

      I havent read the entire FTA document but as far as I know, the laws being added through the FTA are the same thing as the US DMCA and european EUCD, that is, they are laws designed to make breaking copy protection illegal.
      As far as I am aware, nothing in the FTA requires manditory copy protection in any device or otherwise restricts what device makers can do (except for the case of making devices that circumvent copy protection)

      As for canada, didnt bush sign a FTA with them too?
      The sanest place to go might be somewhere in europe (I wonder if switzerland has any nasty laws yet...)

    4. Re:These laws expose the real goal of big media by Rinkhals · · Score: 1

      Thankfully I live in australia where this kind of crap doesnt happen.

      Yes, I, too, am similary grateful that I don't live in the US

      --
      "I'm a snake if we disagree"-Jethro Tull, Bungle in the Jungle
    5. Re:These laws expose the real goal of big media by Woldry · · Score: 1

      most of the sheeple voters in america care more about whether a woman can terminate an unwanted pregnancy or if two men can have a sexual relationship or what their kids should learn about the formation of the earth and the species that inhabit it than issues that really matter like the loss of civil liberties or the increasing power of Big Media or the various wars their givernment has gotten involved in or even wether someone in india or china will take their job tommorow.

      Speaking as a gay man, it's nice to know that my freedom to have a sexual relationship doesn't "really matter" and that I should be more worried about "the increasing power of Big Media" than about whether I spend the rest of my life alone. Thanks so much for clarifying that for me.

      --
      How can a post be modded "overrated" or "underrated" when it hasn't been rated yet?
    6. Re:These laws expose the real goal of big media by DongleFondle · · Score: 1

      "Speaking as a gay man, it's nice to know that my freedom to have a sexual relationship doesn't "really matter" and that I should be more worried about "the increasing power of Big Media" than about whether I spend the rest of my life alone. Thanks so much for clarifying that for me."

      Actually, I think you're taking the parent post in the wrong context. You see, in the United States, it is a common tactic of politicians to invent highly salient and controversial poltical topics that will draw attention away from more pressing issues (I.E., war). These politicians will then set themselves up as a champion of one side of this argument, hopefully delivering the double benefit of drawing more votes from a particular demographic. Additionally, the perfect "watch-the-birdy" politcal tactic should pose little risk to the party harnessing its political credit, should the battle ultimately be lost.

      The Bush Administration's use of the proposed ammendment to ban same-sex marriage was an absolutely brilliant implementation of the "watch-the-birdy" political tactic. Analysts found that the country was highly polarized on this issue, promising lots of media attention that would draw criticisms away from his Administrations' floundering battle against insurgents in Iraq. Additionally, the issue brought the religous right to the poles in his favor in droves, including the (mainly) Catholic Hispanic demographic, where Republican favor has long been lacking. And finally, should his party lose this battle, the worst that could happen is that we revert to the status quo. No part of this battle involved at any time affirming or protecting the right of gays to marry, only denying it. Genuis really.

      I appears to me that the parent poster is definately concerned with the protection of civil liberties. I doubt he meant to trivialize your rights as a citizen. Rather, I think he was expressing his frustrations with the gullibility the U.S. voters who fell for this watch-the-birdie tactic.

      So try not to get your panties all in a bunch. :-)

  37. Copyright owned by Stan+Vassilev · · Score: 1

    Even if copyright infringement is made a criminal offence (it's not right now as far as I know), to complex reality we live in means still the owner has to take some actions to sue the infringer.

    Which means that the said "customary historic use" really impairs usage of content by RIAA/MPAA and those who are in the same camp as them.

    The independent labels and artists need not enforce this law, and if it's really that bad, what it'll kill in the end is the usage of RIAA/MPAA content, rather than boost its usage.

    So I say let's go with it and see what happens. They won't stop until their ruin themselves.

    1. Re:Copyright owned by tinkerghost · · Score: 1

      Even if copyright infringement is made a criminal offence (it's not right now as far as I know), to complex reality we live in means still the owner has to take some actions to sue the infringer.

      might want to check on that, but the big FBI warning that came up on last nights DVD said 5 years in jail or $250K fine for copyright infringement.... I don't believe that they give jailtime for civil suits.

    2. Re:Copyright owned by Stan+Vassilev · · Score: 1

      "might want to check on that..."

      yea I noted I wasn't sure, but my point is, even if they have order to shoot you on place for copying MPAA DVD's, if *I* want to release a DVD with *my* content, *I* set the rules.

      I bet FBI wouldn't want to shoot someone on place in my name if I want my own content distributed in a free manner.

      So *AA, be ****ed.

    3. Re:Copyright owned by Anonymous Coward · · Score: 0

      "the big FBI warning that came up on last nights DVD said 5 years in jail or $250K fine"

      My my, so all those talks about extra value in DVD-s are true after all.

  38. It will not be limited to the US by Poingggg · · Score: 1

    Alas, here in Europe the European (not elected) Commission will try to get these laws too when the US decides to enact them. All this in the name of Big Money ^W^W harmonisation of laws.
    At this moment they are still (again) trying to push software patents to law, despite noone here does want that.

    Europe, like the US, is changing from a democracy to a Big-Dough-cracy, only we are a few years behind...

    --
    What person will donate an airborne act of love?
  39. Hey, the Swedes are awesome! by Voltageaav · · Score: 1

    I love their colorful Monopoly money. It's even more colorful athn the Euro and the Canadien Dollar. As to starting a flamewar, I'm a US citizen and I agree with you 100%. You won't be getting any flames from me.

    --
    Someone save me from this sanity.
  40. RIAA Mandate? by Whiteox · · Score: 1

    Forgive me for asking, but what is the mandate governing the RIAA?
    This is a US organization and have powers only in the US? Is it a semi-federal government supported body?
    What are they mean to do?

    --
    Don't be apathetic. Procrastinate!
    1. Re:RIAA Mandate? by swilver · · Score: 1

      RIAA is actually part of the US government.

    2. Re:RIAA Mandate? by geminidomino · · Score: 1

      This is a US organization and have powers only in the US? Is it a semi-federal government supported body?

      They're a trade group composed of the recording industry oligopoly.

      They wield lawyers and bribe money the way the Bush Administration wields the US Military.

    3. Re:RIAA Mandate? by fazookus · · Score: 1

      The Federal Government in the US is a semi-RIAA supported body. Senators and Congressmen are supported by the RIAA and the like and make laws on their behalf.

      There was a time that 'voters' were involved with the process however in modern times our elected representatives are elected based on their stand on sex, terrorism, and religion.

    4. Re:RIAA Mandate? by arkhan_jg · · Score: 2, Insightful

      The RIAA is the Recording Industry Association of America - it's basically what it says on the tin. A lobbying and management group that represents its record company members by bribe^H^H^H^H^Hlobbying the US government for new laws, and suing alleged copyright infringers of the RIAA members copyright for obscene damages. They are not a part of the US government, merely a corporate association.

      Not all US record labels are members of the RIAA, though it often acts as if they are. Their list of members is rather lengthy, but they are largely sub-labels or labels for a particular favoured artist of the 4 big international companies - Universal Music Group, Sony BMG, EMI group and Warner Music. These are the companies that control 85% of US music and 70% worldwide, and the RIAA is their mouthpiece in the US. They have other industry associations in other nations; the BPI is the equivalent in the UK, for example.

      Remember, the RIAA itself is only acting on behalf of the big 4. They are the companies directly responsible for music DRM, retarding new music business methods and any technology that they don't control. If you wish to avoid purchasing music from these dinosaurs' stable of artists, use the RIAA radar to determine if the label on a particular CD is actually a RIAA member or truly an independant.

      I haven't stopped buying music, I've just stopped buying it from the big 4. If we want music to survive in its current form, as opposed to windows-only DRM restricted versions backed up by permanent copyright, then only buy from true independent musicians and labels. For example, CDBaby.com is a big site for truly independant musicians, as is magnatune. As a bonus, you know most of the money you spend will go directly to the artists, rather than the tiny percentage they get when selling through the major RIAA member labels.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    5. Re:RIAA Mandate? by incabulos · · Score: 1

      They are a private body comprised of record companies. They have no granted powers beyond that of any other private entity ( less than citizens because they cant vote ), and in fact no right to even exist at all.

      So you have greater authority than the RIAA. I suggest you exercise it and tell them how you feel.

      The problem is that they have a collection of bribed lawmakers, senators, congressman, judges and other types that they use to get their way. "Their way" of course being the enslavement of the population ( demanding royalties and fees for everything you do ) and the outlawing of property rights ( do you truly own your DVD player when you can be jailed for its modification? ). The relationship is like the way the feudal barons enslave the serfs that labor on property they are forbidden to own for their whole lives just to enrich a wealthy few.

  41. I would assume by binkzz · · Score: 1, Insightful

    the MAFIAA are afraid of losing power. The Internet weakens their position as artists can release their creativity directly to the users. Maybe they know they're fading away and are trying to lash out in panic to try and keep their position to some degree.

    I remember the MAFIAA calling pirates 'Parasites who feed off of other people's creativity', which I thought was a cunning description of themselves.

    --
    'For we walk by faith, not by sight.' II Corinthians 5:7
  42. Another example of capitalism hurting progress... by daddyrief · · Score: 0

    In the beginning, capitalism fed the growth of technology. Competition helped spur new technologies. In roughly ten years, computers went from unknown to everyday life. It seems to me that today, things are evolving at a slower pace than in the past...[please don't flame, my opinion]. Things are starting to stagnate...home technologies have been roughly the same for a few years. The companies have consolidated and monopolized and less pressure is on to innovate and 'push the limits.' Look at cell phone carriers -- there are only about 4 major ones today (in the US)...but I digress. What the RIAA is going to do is hurt the future growth of technology in the field of recordable media, in general. First, I believe they tried to prosecute various tape companies back in the day (I have no link; i could swear i heard it though), but then that led to CD's and P2P. Suddenly the RIAA was getting involved in what you could own on your computer. Now, suddenly, for some reason unbeknownst to me, they are going to have jurisdiction over what --equipment-- I have to use?! RIAA Approved, full of their shitty Anti-Piracy stuff? In the end, (and they are already starting to), they are going to hurt their own supporters; their consumers. They are going to be very inconvenienced -- after owning a cd they could pop into any player, it sure is inconvenient to have to go buy another $.99 allowance fee to play this song in the car radio, isn't it...? I hate that music is an 'industry.' When I hear the word 'industry,' words like 'factory' come to mind. Maybe I'm crazy. Hm.

    --
    "Banking establishments are more dangerous than standing armies." -Thomas Jefferson
  43. Re:Another example of capitalism hurting progress. by daddyrief · · Score: 0

    I forgot that you had to do HTML for line breaks, sorry for the long paragraph...

    --
    "Banking establishments are more dangerous than standing armies." -Thomas Jefferson
  44. Re:Hey, the Swedes are awesome! No it's not! by HeavyMS · · Score: 0

    I live here and we have our share of stupid and retarted politicians that have no clue about the real world!

    And taxes did i mention taxes... 32% income tax, 25% sale tax, and the eployer must pay the govermant 30% of your paycheck before it's tax to the goverment just becuse he whants to pay you to work for you.

    A consumer in sweden pays about 50% tax overall. And if you stupid enuff to start a buissnes you get to keep 1/3 of what you sell.. the rest is tax..

    But that is the smal problem the real problem is the polar bears that are roming the streeets eating children.. :P

  45. Don't call them **AA, they are the MAFIA by Timo_UK · · Score: 2, Insightful

    Music and And Film Industry Associations, or short MAFIA.
    Sounds a lot more appropriate.

    --
    Timo's Audio Software http://www.esseraudio.com
    1. Re:Don't call them **AA, they are the MAFIA by geminidomino · · Score: 1

      Umm... there are three very large guys in pinstriped suits, holding baseball bats, out here asking for you.

      Something about "defamation of character."

  46. The good news? by baKanale · · Score: 1

    Well, maybe we can look at this in a good way. They won't be able to try to make another DivX player because, since the "customary historic use" of my DVD's has been that I own the right to view that content in an unlimited fashion! The irony in the bill, too, is that the "broadcast flag" is not within the "customary historic use" of television media! They've locked themselves in, the stupid fools!

  47. There won't be any more analog outputs by KingSkippus · · Score: 4, Insightful

    This is covered, which is part of what makes this so evil:

    The "secure moving technology" ensures that whatever you do with the signal that leaves the digital broadcast receiver, it definitely won't be anything you can't already do right now. Furthermore, even some things that you can currently do will be outlawed if those things could facilitate piracy. This probably means that such devices won't have much in the way of hi-fi analog outs.

    In other words, since analog capture could possibly lead to piracy, new devices will be required to not have analog outputs any more.

    1. Re:There won't be any more analog outputs by Loconut1389 · · Score: 2

      so hook up to the speaker output.. or if speakers take digital outputs, hook up to the leads into the voice coil.. or if they move to some sort of servo controlled mechanism, hook up a digital micrometer and measure the change in the measurement..

      or more simply, put a microphone in front of the speaker.

      Until they can prevent sound from moving through air in compressions and rarefactions (is that right?), there will always be a way to get a copy- though perhaps not an exact copy. With good enough playback equipment and good enough recording equipment and the right type of room, theres no reason you couldn't get a near-perfect analog recording.

    2. Re:There won't be any more analog outputs by KingSkippus · · Score: 1

      I'm not saying that performing captures and/or copies will be impossible, I'm just saying that to normal people, it won't be very practical, and what a normal person can get will be of extremely questionable quality, probably useless.

      Unless, of course, you leave the job up to non-normal people with equipment and rooms like you're talking about and just copy the stuff as a pirate. It's just sad that in order for us to exercise our fair use rights, we have to break the law.

    3. Re:There won't be any more analog outputs by pallmall1 · · Score: 1
      Until they can prevent sound from moving through air in compressions and rarefactions (is that right?), there will always be a way to get a copy- though perhaps not an exact copy.
      This method would just become illegal. One would face more jail-time by doing this than if they committed armed robbery.
      --
      3 things about computers: they're alive, they're self-aware, and they hate your guts.
    4. Re:There won't be any more analog outputs by ArsenneLupin · · Score: 1
      One would face more jail-time by doing this than if they committed armed robbery.

      Well, in that case, if ever you are caught with piracy, make sure you shoot everybody who could testify against you. You'll still go to jail, but for less time ;-)

    5. Re:There won't be any more analog outputs by ClamIAm · · Score: 1
      Furthermore, even some things that you can currently do will be outlawed if those things could facilitate piracy.

      I know that "slippery slope" arguments aren't the greatest, but I can see people being fined for telling others about a cool new band they heard, because the buzz wasn't spread through "approved" channels. And by approved channels, I mean radio/tv/print owned by the same corporations that make up the media cartels.

  48. My Customary Historic Use by mcubed · · Score: 5, Funny

    For more than a year in the historical period of 1999-2001, I customarily used the original implementation of Napster to download and share audio files. Therefore, Napster or any service that models itself along those lines is a customary historic use.

    I'm fine with this. You go, Senator Smith!

    Michael

    --
    "No live organism can continue for long to exist sanely under conditions of absolute reality;..."
  49. Directive 10-289, anyone? by Stormwatch · · Score: 3, Insightful

    Sounds a lot like Directive 10-289 from Atlas Shrugged...

  50. Obligatory Anti-copyright rant by dada21 · · Score: 4, Insightful

    The slippery slope of government's renting of their monopoly on the use of force is being proven right here.

    Copyright can't work anymore. I'd say up until 1995 or so, you had copyright laws that were degrading but still were enforceable. It can't be done. It is time for everyone who creates content to find new ways to market it.

    My typical reply to "how?" is to move to live performances and tours -- with a push to sell official merchandise on top of it. Some other people in support of my No Copyright opinions have even thought up other great ways to promote art without copyright:

    1. You can charge your fans for access to your studio creation time via the web.
    2. You can record your live art performance real time, dump it to DVD and sell it to the fans that were at the performance.
    3. You can get a job with a larger company and be a salaried artist.
    4. You can contract out with local pubs to be a regular live performance artist.
    5. You can tour, often, using your cheap/free CDs or free MP3s to promote your music syle.
    6. You can play cheaply in order to promote your real job: teaching others to play an instrument.

    Copyright has one intent: to enable the cartels to retain control of the distribution. There is no other use for copyright enforcement longer than 3 years. I even think that 24 months sounds too long for me.

    I've been debating copyright in real life for 2 years now, and I'm working on opening No Copyright Studios in Chicago, IL this spring. If you have interest in beating down the RIAA, move away from the law that supports their cartel -- copyright. If you're a band, a painter, a web designer, a sculptor or any other artist, there are ways to sell your art face-to-face for a profit and skip turning over your rights to a cartel middleman.

    1. Re:Obligatory Anti-copyright rant by Woldry · · Score: 1

      I'm a novelist. How do I sell my art "face-to-face"?

      --
      How can a post be modded "overrated" or "underrated" when it hasn't been rated yet?
    2. Re:Obligatory Anti-copyright rant by Microlith · · Score: 1

      Great, explain how someone makes anything that has significant costs?

      Such as 30 minutes of animation, which can vary from $30,000 to $300,000 and up.

    3. Re:Obligatory Anti-copyright rant by amper · · Score: 4, Insightful

      Adam,

      I thought I'd mention that I've added you to my "Friends" here on Slashdot because I find you posts here, and some of the information on your web sites provocative. I disagree, however, with much of your content.

      In this particular post, you again assert the idea that, "Copyright has one intent: to enable the cartels to retain control of the distribution." You've made this assertion multiple times recently, and I have to tell you, you couldn't be more wrong. Copyright does indeed have "one intent", but that intent is, to quote the Constitution, "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

      Unfortunately, this provision in the Constitution, which might I add, was developed by men who possessed a great deal of both insight and foresight, has indeed become polluted by moneyed interests to the point where the restrictions available to copyright holders outweigh the public interest in progress, but I wholeheartedly disagree that, as you put it, "Copyright can't work anymore." Copyright can work, and has served well for the past 200-odd years of the history of our nation. The problem we currently face for copyright is that the barrier to infringement of the copyright privilege has been dramatically lowered by the availablility of low-cost digital reproduction. People who would otherwise remain honest have, in the face of the pollution of the original intent of the copyright and dilution of moral priniciples in our society, begun to infringe upon the privileged grant of authorship because they can do so easily in a relatively anonymous fashion.

      Your assertion that content creators must find new avenues of revenue generation may be a prgmatic reaction to the situation, but the end result is the destruction of a viable way of life for many artists. I find that, in general, those who advocate such measures for artists, and particularly, musicians, as you outline above, are generally not themselves the sort of artists who will find their livelihood placed at a disadvantage. It is all very well for you to advocate a life of constant live performance when you yourself do not seem to engage in such performances. Who are you to dictate what my lifestyle, as a publishing musician should be? Do I agree that the "cartels" have a disproportionate amount of power in the music economy? Certainly, but the answer, in my opinion, is not to throw the baby out with the bathwater and relegate my fellow musicians to "walk the long road".

      It may be that ultimately, it may become impossible for artists to make a living off of the proceeds of recorded works, whatever their form, but I predict that if this comes to pass, the end result will be a dramatic reduction in artistic output of all forms, with the added reality that under such a system of mandatory live performance, access to artistic works will very quickly become restricted to an elite subset of the population with sufficient means and lesiure time to enjoy them. Now, I'd like to examine some of your suggestions, specifically:

      1. You can charge your fans for access to your studio creation time via the web.

      Yes, I can, but this requires not only a large expenditure in equipment (as you yourself should know), but a large store of technical knowledge. This of course, does not take into account that artists may not wish to allow access to "unfinished works".

      2. You can record your live art performance real time, dump it to DVD and sell it to the fans that were at the performance.

      This suffers from all the same problems as #1, but adds the burden of live performance, plus fails to account for the ability of those DVD's to be pirated easily.

      3. You can get a job with a larger company and be a salaried artist.

      Do I really even need to dissect this idea? A salaried artist? I can imagine the societal and artistic value of the creations produced by such a system.

    4. Re:Obligatory Anti-copyright rant by Anonymous Coward · · Score: 0

      Don't forget that fans can also pay the artist if they want him/her to create new work.

      Even though I can download pretty much any song I want for free these days, I still give money to the artist (by buying their merchandise or CDs directly from the artist, circumventing the middle man), because I think they deserve it and because I want to support them so that they can create new work.

      My contributions are thus not compulsory, and they don't require the artist to go on tour (which few artists that haven't already "made it" in some fashion can afford).

    5. Re:Obligatory Anti-copyright rant by jackbird · · Score: 1
      If you're a band, a painter, a web designer, a sculptor or any other artist, there are ways to sell your art face-to-face for a profit and skip turning over your rights to a cartel middleman.

      What about filmmakers and animators?

    6. Re:Obligatory Anti-copyright rant by typicallyterrific · · Score: 2, Informative

      3. You can get a job with a larger company and be a salaried artist.

      Do I really even need to dissect this idea? A salaried artist? I can imagine the societal and artistic value of the creations produced by such a system.


      I don't know whether you're being sarcastic or not, but it seems Bach fared alright (they were called court musicians back in the day). Same deal with Mozart's earlier career working for the archbishop of Salzburg and pretty much every single Rennaisance artist.

      Art has *never* been untainted by some form of commercial venue.

    7. Re:Obligatory Anti-copyright rant by wasted+time · · Score: 1

      Woldry, meet Oprah - Oprah, Woldry.

      Fire up the press and happy selling!

      --
      The Stone Age did not end because humans ran out of stones. - William McDonough
    8. Re:Obligatory Anti-copyright rant by jamienk · · Score: 1

      Copyright can work, and has served well for the past 200-odd years of the history of our nation. The problem we currently face for copyright is that the barrier to infringement of the copyright privilege has been dramatically lowered by the availablility of low-cost digital reproduction. People who would otherwise remain honest have, in the face of the pollution of the original intent of the copyright and dilution of moral priniciples in our society, begun to infringe upon the privileged grant of authorship because they can do so easily in a relatively anonymous fashion.

      You are talking about people who share music and videos and text that they have on their computer with others (as opposed to say, a Chinese factory that sells DVD copies). I don't think these people for the most part want to do this anonymously. They only do it anonymously to avoid trouble. Copyright has not just become "easier" to violate, that ease has made it infinitely more desireable, and more pregnant with possibilites. In the past, a violator would run their own lp pressing factory and try to sell an album. Now, people want to show their friends which music is good; more, they want to MAKE friends by showing which music is good. Stifling this is stifling the arts and sciences. In order to promote the arts and sciences, and political and cultural discourse, the law of copyright should today refer to "the right of anyone to copy" not "the power to LIMIT the right to copy."

    9. Re:Obligatory Anti-copyright rant by amper · · Score: 0, Offtopic

      There is a great difference between producing art in the hopes that you may receive a financial benefit from it, and producing art *because* you receive a financial benefit from it. There certainly can be a value to commercial art, but it rarely, if ever, produces real progress. As far as Bach and his ilk are concerned, perhaps you think a return to the patronage system, whereby only a very select, elite subset of society would have the ability to enjoy original works of art is preferable to the current reality? Of course, in Bach's case (and I should mention that I almost find your Wikipedia link offensive--I was playing Two-Part Inventions when I was 10 years old), the average serf could always go to church to hear him play, but the fact remains that even the religiously inspired works were financed by the great might of the Church, hardly the most egalitarian of institutions.

      In any case, the experiences of artists who lived hundreds of years ago in feudal Europe are only marginally relevant to the experiences of artists today facing the technological challenges presented by digital reproduction.

    10. Re:Obligatory Anti-copyright rant by amper · · Score: 1

      I would respond to this by saying that I do not have a problem with "sharing with friends", but when your "friends" potentially include the entire Internet, you're no longer sharing, but pirating. It may be difficult in the extreme to draw that line clearly, but it needs to be drawn. Which would you find more problematic, one pirate pressing a million copies of your work, or a million people "sharing" a copy each? The net effect to the artist is similar. The only difference is that in the first case, one pirate is making a lot of money, and in the second, no one makes anything. As far as the artist is concerned, it's still a million lost potential sales.

      But...copyright *has * to remain a limitation on the right to copy. It's inherent in the nature of intellectual property that there are few, if any, truly new ideas. All knowledge is based upon the discoveries of those who have come before. For this reason, the grant of copyright should always be a limited grant, with the works eventually passing into the public domain. We all already possess the "right to copy" as members of the public. It is to promote progress that we allow authors the exclusive right to their works for a limited period of time. It's a financial incentive to create new works, while still allowing for eventual public access to those works.

    11. Re:Obligatory Anti-copyright rant by typicallyterrific · · Score: 1

      Uhm, I fail to see this intrinsec difference between the these two 'types' of professional musicians -- both seek to put bread on the table through their music, really. They both need to excel at their trade or risk not getting any money for it.


      There certainly can be a value to commercial art, but it rarely, if ever, produces real progress.

      Again, that's open to debate. Most forms of art throughout the ages have always been commercial in some way -- whether it's say Mucha with his art nouveau that served as menus or anyone sponsored by the Medici family in the 'good ol days'. Did Andy Warhol not further art somehow? To go back to music, what about the Rolling Stones or the Beatles? Benny Goodman? Mozart?

      They *all* produced art in order to, eventually, make money.

      Anyways, the point is that it's not beyond the realms of feasability to have salaried musicians or musicians who only live off their concert sales, since that's how it used to be prior to recordings.

    12. Re:Obligatory Anti-copyright rant by east+coast · · Score: 1

      Copyright has one intent: to enable the cartels to retain control of the distribution. There is no other use for copyright enforcement longer than 3 years. I even think that 24 months sounds too long for me.

      What about independent artists who are putting their food money on the line to release music? Shouldn't they have protection for the product they produce? This is nonsense in the worst of ways. Copyright should last as long as the artists are alive.

      Your solutions are basically "keep producing or die". That's nonsense.

      --
      Dedicated Cthulhu Cultist since 4523 BC.
    13. Re:Obligatory Anti-copyright rant by leabre · · Score: 1

      I added you as a friend recently because I like your views on copyright and that you are willing to try "different" things and that it actually seems to be working.

      The **AA's are blowing everything way too much out of proportion. Obviously, the widespread use of P2P networks and their ease-of-use makes it easy to infringe on their copyrights and violate their traditional distribution monopolies. I might agree something needs to be done about that but not at the price they are making us pay. We aren't their slaves and, for as much as we don't have a "right" to their content, they don't have a "right" to my pocket book. Hampering technological progress might help their short-term earnings, in the long run, it will hurt civilization.

      In anycase, I wrote a book that didn't get published because it was on VB6 at a time when the original Beta 2 of .NET was released and the small-time publisher didn't want to take a risk of publishing something nobody had an interest in. Now I have control of it. I've been wanting to update it and release it under my own terms. I've been looking at the Creative Commons copyright terms, where anyone can download, share, and produce the book even for profit without sharing that profit with me and in-turn, offering people an official hardcopy printed book if its that important to them or they can pay for consultation services of related work through me if they so desire.

      In the end, I think releasing it directly into the public domain would be a better model. Not sure. But it seems to work for music, I think it can work for published material as well.

      We need to move forward. Information is a commodity these days, there are so many willing to share it. There's no reason to lock it up behind closed doors. I have friends that have been hired for their knowledge and when they start work they have to sign papers saying all their knowledge belongs to the company and they can't use it outside of working hourse or for x number of years/months after employment ends. That's rediculous. This whole IP thing is really getting out of hand and mainly, I think it is the **AA's paranoia that is feeding most of it.

      I don't think they really care about piracy. They just want absolute control over all distribution both now and in the future. Its only a matter of time before I can produce my own music on my own dime and have to pay the **AA's for their blessing to approve it into any kind of distrobution, whatsover. In that capacity, they receive money no matter their members produce it or not. I don't approve of that. I have no connection with them and I don't need their blessing, thank you very much.

      America, the best democracy money can buy.

      Hopefuly your approach to music and copynots will catch on and work will for many.

      Thanks,
      Leabre

    14. Re:Obligatory Anti-copyright rant by tepples · · Score: 1

      Copyright should last as long as the artists are alive.

      Then hire a hitman. This is why we have life-plus regimes.

      Your solutions are basically "keep producing or die". That's nonsense.

      No, it's how competition works in every industry except for the copyright industry.

    15. Re:Obligatory Anti-copyright rant by east+coast · · Score: 1

      No, it's how competition works in every industry except for the copyright industry.

      It depends on the industry. If you make a product that can be reproduced than you can make cash off of every copy of it. If you make a car than you make money for each car. If you record a CD you make cash for each CD that's sold. That's the way every industry that produces a product works. Without the artists input the CD is just a blank CD, to add value the maker needs to put some pleasing noises on it, that's the value of the artist and why they deserve compensation.

      Now if the artist is dead there really isn't anyone left to pay, the compensation should end and the work should become PD.

      --
      Dedicated Cthulhu Cultist since 4523 BC.
    16. Re:Obligatory Anti-copyright rant by amper · · Score: 2, Insightful

      I think you are diluting your own point by mentioning "salaried musicians" and "musicians who live only off their concert sales" in the same breath. I would ask you, are you a musician yourself, and if so, have you ever attempted to make a serious living off of the proceeds of your live performances in today's society? Have you considered the difficulty of enjoying many of the rewards of life that others take for granted while embarking on an endless series of touring dates, the least of which is to raise a family of your own? Or, do you draw a salary based on your musical talents?

      As an aside, I am skeptical of the Warhol's ultimate benefit to aesthetics, I would argue that neither the Rolling Stones nor the Beatles had economic success as their highest goal in their early days, and we all know what happened to the Medici, don't we? Although I hear Lorenza is eking out a pretty decent living off her cookbooks...some of which I actually own. BTW, if you haven't done so, you should visit Firenze these days. Invigorating place, it is.

      I am not saying that "salaried musicians" don't have a place in this world. I am only appalled at the notion that they could somehow become the only musicians capable of making a living absent the protection of copyright. Art is rarely well served by pecuniary interest.

    17. Re:Obligatory Anti-copyright rant by jamienk · · Score: 1

      I think that it's clear that the benfits (artistic, scientific, political, cultural) that arise from the massive free and unencumbered sharing of all ideas and expression, now massively outweighs any financial incentive to create new works that current copyright law might provide. This might not have been the case before, when it was burdensome to share art and ideas on a massive scale (when there were high "publishing" and "distribution costs"). When that was the case, a marketplace where distributors competed with each other to make money selling published works could be "tweaked" so that copyright holders could be given a special leg up. But now, there is no longer the potential to make money from disseminating recordings, movies, books, etc. unless you somehow offer MORE than the copyrighted work itself. In a competing marketplace, the value of all copyrighted works would be ZERO; that's because the distribution of any such work costs nothing, and getting these works is more than easy.

      That means that now, if you want copyright laws to give a financial incentive for people to create works, you also need to CREATE a potential profit -- you need to stretch the idea of "copying" a work to include letting someone listen to your music collection, watch your TV with you, read your book. That means not allowing people to really use computers and the Internet in innovative or even in obvious simple ways.

      I think though, that the new situation of free distibution and easy access *by itself* gives a strong financial incentive to artists, scientists, etc. that wasn't there before -- the potential to make up new ways to make money indirectly from their works, through, for example, massive free distribution, global word of mouth, niche-locating, and a much larger pool of source materials with which to work. These incentives offer potentially much more money, and do not require special exceptions to freedom of expression and governmental power.

      "Intellectual property" can really mean two things -- a limit on other people's right of free expression (which is copyright law), or what I see as a more natural-law or human value of deserving credit for one's original ideas and expression. I whole-heartedly believe that people should get credit and be held responsible for the intellectual works they create; I would support government funding of an "attribution repository" of some sort. But I find the arguments for "Intellectual Restriction Management," which is current copyright law, to be weaker and weaker with each passing year.

    18. Re:Obligatory Anti-copyright rant by plague3106 · · Score: 1

      Your solutions are basically "keep producing or die". That's nonsense.

      Why? Don't I have to work everyday to keep a roof over my head and food on the table? Why should an artist do a few things and then get to retire early? If you aren't producing something, what value are you to society?

    19. Re:Obligatory Anti-copyright rant by amper · · Score: 1

      I'm not sure I follow you here.

      How exactly do you see the cultural benefits to society of sharing outweighing the individual benefits provided by copyright law for any particular individual artist?

      The whole point of copyright is to provide a personal financial incentive to create, not a societal financial incentive. I'm not saying the the current version of copyright hasn't been completely perverted, what I'm saying is that the perversion itself does not necessarily invalidate the need for *some* sort of privilege. The whole point of copyright is that works are *supposed* to eventually enter the public domain. Of course, thanks to the depredations of large corporations such as Disney and the failings of Lawrence Lessig, copyright has now effectively become a permanent grant, which is not what was intended, at all, and is in the view of anyone who is intellectually honest massively detrimental to society.

      Your description of the current marketplace (at least, that is what I *think* you're trying to describe) seems very odd. Distribution costs are only effectively zero for the end user. They are certainly not zero for the creator or any intermediaries. Yes, it is indeed becoming very difficult to make money disseminating recorded works--but I would argue that anyone who thinks this is entirely a good thing is displaying a marked lack of understanding of how we use recorded works in our society. The opportunities for enjoying unrecorded works are becoming fewer and fewer each and every day. In fact, I would argue that recorded works have quite clearly practically replaced unrecorded works as the primary form of aesthetic experience in our culture. One need look no further than the Internet to see the truth of this. There is now, and ever will be, a massive demand for recorded works, but if it becomes impossible to make a living off of them, it is certain that fewer and fewer creators will actually create them. It is highly debatable whether or not this will turn out to be a net good for society. I believe it will result in a massive reduction in total artistic output.

      The Framers of the Constitution understood this quite well over 200 years ago, even with their lack of modern technology. Modern technology has only made the situation worse for artists. It disheartens me that so many people today seem not to understand the problem. I agree, in today's world, the economic value of recorded works is approaching zero, given that digital reproduction can result in worldwide distribution of effectively unlimited copies in an instant. You need to consider that when the value of a product becomes effectively zero, then such works will tend to only be created by those with sufficient leisure (temporal or financial) to create, or solely as loss leader advertising. Not to mention the fact that when leisure becomes increasingly scarce, as it is in modern society, then only those with large amounts of leisure will enjoy any artistic works, at all. How can this be considered a net good?

      In any case, the Supreme court has already ruled on Eldred v. Ashcroft, so the only method we have left to attempt to return to a reasonable copyright system is to petition the legislature. It is unlikely that the Court will re-examine its precedent, absent massive public outcry.

    20. Re:Obligatory Anti-copyright rant by east+coast · · Score: 1

      Why should an artist do a few things and then get to retire early? If you aren't producing something, what value are you to society?

      If you're still listening to the artist's works they've obviously produced something of fairly high value. If you don't think it has value than don't listen and the artist will be forced to produce more.

      --
      Dedicated Cthulhu Cultist since 4523 BC.
    21. Re:Obligatory Anti-copyright rant by typicallyterrific · · Score: 1

      First, you're making a fallacy of irrelevance and perhaps an ad hominem abuse. Does it matter whether or not I make music for the sake of this argument? Does the validity of my opinion on copyright change on whether I write software or books or sheet music?
      Life's a real bitch, isn't it? Instead of working in a factory, waiting tables or driving a cab some people are just forced to tour around the world, playing their music for people to enjoy. What a horrible existence that must be!

      Concerning the Beatles & The Rolling Stones, they toured early on in various cities and were promoted heavily. At any rate, the exhibitionist flair that the Stones have in promoting their own brand, merchandise and concerts today makes up for any pure, uninfluenced art they might've had in the first few years.

      I'm not saying salaried artists are the only ones to be able to make money in a copyright-less world, but rather that they'd be a feaseable alternative to a life of heavy touring.

      Finally, art has never been free of pecuniary interest. Historically, artists have never really had the economic liberty to be able to engage in their trade without having to think about the contents of their stomachs.

    22. Re:Obligatory Anti-copyright rant by ePhil_One · · Score: 1
      Copyright should last as long as the artists are alive.

      Why? If I invent a better moustrap, should I be granted exclusive rights to produce the moustrap for life? This is not to say I can't make money producing widgets all my life, but at some point my exclusive control goes away. Can you give a single reason why an entity should be given exclusive control over a creative work for such a long time (50+ years). Work with significant historical value can get lost to time because of this.

      Your solutions are basically "keep producing or die". That's nonsense.

      Strawman arguement. A 5 year copyright limit does not prevent an artist from continuing to make money from a work after it expires, just that somebody else can sing my song, reproduce my content, etc., without having to track me down (often the biggest issue) and getting my permission.

      --
      You are in a maze of twisted little posts, all alike.
    23. Re:Obligatory Anti-copyright rant by jamienk · · Score: 1

      Didn't mean to be too esoteric (or such a bad writer!). When they created the idea of copyright -- give people an incentive to create original expression by giving them a monopoly on it's reproduction -- the enforcent was to monitor, fine, and maybe close down printing presses, stores, and performances. Now, they need to stop people from using the computers... But more than that, they have to make it so that it makes SENSE for people to pay for something that, in the unregulated world, wouldn't cost anything. They could have made the financial incentive be that the government would just pay artists, but they reasoned that giving the artist a leg up in the market place would be a better compromise: the artists (and others) could use the marketplace to make money. Now, not only have the means taken against infringers become more and more draconian (now that everyone owns a super-speed printing press, more distribution power than a million trucks, and a wider audience than a thousand bookstores), but themarketplace itself is no longer only tweaked, but created from the whole cloth.

      More though: I think the same technology that makes it so easy and desireable to break copyrights, also gives artists and other creators of original expression the potential to make MORE money in truely free marketplace than what copyright currently gives them. But this potential for them is hampered by the very copyright laws that are supposed to encourage them. These potential benefits for them would come from the same place that a whole world of other benefits -- artistc, scientific, cultural -- for everyone would come from: from the massive immediate availability of all creative expression. There is money to be made, and so much more...

      But the entrenched interests fight on...

    24. Re:Obligatory Anti-copyright rant by jamienk · · Score: 1

      As to the specifics of your post:

      >>Distribution costs are only effectively zero for the end user.

      I think you mean that there might be costs for the production of original expression -- costs like reording equiptment, dolly grip sallary, even time off from work... But the potential profits once can make off of original (or even not-original) expression aren't dependant on these costs. Every artist needs to struggle and gamble. If making money is an important goal, they might need to also be crafy and original in doing that. Whether there is copyright law or not that's true.

      >> There is now, and ever will be, a massive demand for recorded works, but if it becomes impossible to make a living off of them, it is certain that fewer and fewer creators will actually create them.

      I argue that copyright doesn't make it "possible" for artists to make a living off of their work. At best, it offers a particular PATH. I think that this path isn't as rewarding (financially or creatively) as other paths that don't need copyright, especially paths that need there to NOT be copyrights.

      >>You need to consider that when the value of a product becomes effectively zero, then such works will tend to only be created by those with sufficient leisure (temporal or financial) to create, or solely as loss leader advertising.

      I think you're wrong though. Many people on this very page have brainstormed several ideas on how artists could make money without resorting to copyright. I think if there was NO copyright, the possibilites of making money off of original (or not so original) expression INCREASE... See if you can't think of some ways to make money artistically in a copyright-less world. I bet any creative person could come up with a list of 10.

  51. Let the RIAA keep their music. by sticks_us · · Score: 5, Insightful

    Some points:

    1) Of all the music being made out there, the standard industry practice guarantees you'll only ever hear an insiginficant fraction of what's available, and most of that is successful because it sounds like something else. What you get is the tiniest sliver of what's possible. Most of the greatest music being made will never make it to your ears.

    2) Until recently, music was a social activity (people used to be able to play instruments and entertain family and friends, for example, and they'd also leave the house at times to hear others make music). Take off the headphones.

    3) Enroll in a music class. Pony up the bucks, take some lessons, learn some techniques, and -- gasp -- make some of your own music. Music is OK when it's a passive activity (listening), but nothing compares to being able to make your own.

    Music is something you make, share, and become a part of. When it becomes something you buy (like cereal or beer), it's *always* going to be fettered by copyright laws, etc.

    Take it back, make it your own.

    --
    "Beware of bugs in the above code; I have only proved it correct, not tried it." -- Donald Knuth
    1. Re:Let the RIAA keep their music. by Anonymous Coward · · Score: 0

      Yes, let's just all make our own music. And build our own computers, cars, and homes. And grow our own food. Buying your food at the store just doesn't compare to growing it yourself. And knit your own clothes, damn it!

      I mean, what kind of advice is this? This sounds like someone who happens to be a musician is trying to tell other people, in a not-so-subtle manner, that they can't appreciate music on the same level as he can, because he can play an instrument.

      Some people-- gasp-- aren't interested in making their own music.

    2. Re:Let the RIAA keep their music. by melikamp · · Score: 2, Insightful

      So they are not, but the GP has a point. Before music became a consumer good it used to be a social activity. That does not mean that everybody was a musician, just that music was something you would do with your friends. If enough people follow GP's advice, you will have some friends who will play music for you, quite lovely. Only by personally participating you will make it your own.

    3. Re:Let the RIAA keep their music. by gbutler69 · · Score: 0

      Amen Brother! I grew up without having learned anything about music. I couldn't read music. Never sang formerly. Never learned to play an instrument. Heck, I didn't even have much of a stereo or radio until my late teens. Never owned much of a music collection...couldn't afford it. About 2 years ago (now that I'm a *cough* successful *cough* software developer) I took up guitar as a hobby. I taught myself to read music and the basics myself (from books) then I started taking lessons after about a year. I haven't looked back. My love for music just gets better and better every day. I find the relaxation gained from making your own music far surpasses anything one can get elsewhere. Everyone should just try making a little music. Don't be a passive consumer. Be and active participant. Screw the RIAA.

      --
      Over-the-top Response Guy! Giving "Over-the-Top Responses" since 1970.
    4. Re:Let the RIAA keep their music. by amper · · Score: 1

      The GP did have a point, but the response is that such points fail to take into account the development of modern society. What these points advocate is not, in fact, progress, but regression to earlier forms of society. Divison of Labor is one of the requirements for a modern society.

    5. Re:Let the RIAA keep their music. by Eli+Gottlieb · · Score: 1

      What labor? Since when was the making of music labor? The OP's point was that music was once the creation of people who simply had a song to play/sing rather than specialized workers (with exceptions).

    6. Re:Let the RIAA keep their music. by amper · · Score: 1

      You do realize that you've answered your own question, don't you?

    7. Re:Let the RIAA keep their music. by patio11 · · Score: 1

      I will make my own music the day after I write my own books, a week after I direct my own movies, and program my own web browser. Which is to say, never. I rather like the arrangement where I do something I enjoy and am good at for eight hours a day and leave the production of music (and, make no mistake, to me the majority of the time it is a good to be bought or sold like anything else, although I'll let the artists have their pretensions that they, at least, are different) and outsource my listening hours to someone who can carry a tune.

    8. Re:Let the RIAA keep their music. by Forbman · · Score: 1

      and -- gasp -- make some of your own music. Music is OK when it's a passive activity (listening), but nothing compares to being able to make your own.

      This would work, if only I could take my shower and bathroom along with me wherever I go... For some people, vicarously enjoying the music made by others is a perfectly legitimate activity. Just like most people like to eat their food, but not cook it, prepare it, manufacture it or grow it.

    9. Re:Let the RIAA keep their music. by doyle.jack · · Score: 1
      2) Until recently, music was a social activity (people used to be able to play instruments and entertain family and friends, for example, and they'd also leave the house at times to hear others make music). Take off the headphones.
      Not anymore... On the off chance that you might be playing a copyrighted song, musical instruments will be banned.
  52. Neo-Luddites by Decker-Mage · · Score: 4, Interesting
    So the scribes are going to go crying to mama-government to get a law passed to prevent Gutenberg from using his printing press. I do hope this bill never goes anywhere but I wouldn't be surprised if it did. They do have very deep pockets and it is an election year after all which means the politicians need lots of cash. If it does pass it will come down to the courts weighing fair use against historic use and I don't put much money on fair use as you can be sure the law will remove that privilege (it was never a right, just another provision of the law).

    Let the techno-war begin. Hackers (the good kind) on one side, Neo-Luddit RIAA/MPAA on the other. I think I know which will win (us), but it's going to be messy.

    --
    "[I]t is a wise man who admits the limits of his knowledge or skill, and that pretending either causes harm." --Terry Go
    1. Re:Neo-Luddites by amper · · Score: 2, Insightful

      Fair use is indeed a right, and has always been so. "Copyright" itself, is not in fact a right, but a restriction of publishing rights for any person other than the copyright holder. In fact, a true strict constructionist reading of the Constitution reveals quite clearly that anything not specifically restricted by either the Constitution or statute law is a right retained by the People. Unfortunately, the Supreme Court has for some strange reason taken the stance that rights must be speciically enumerated in order to be protected...which is in clear violation of the text of the Constitution.

    2. Re:Neo-Luddites by catahoula10 · · Score: 1

      "which is in clear violation of the text of the Constitution."

      You mean the Constitution that use to mean something? That one?

      --
      This has been another valuable and informative opinion from:
      Catahoula!
    3. Re:Neo-Luddites by Decker-Mage · · Score: 1

      Actually, all rights not specifically enumerated in the Constitution are reserved to the States or the People (Tenth Amendment), but I'm with you on what the Supremes have done to our rights.

      --
      "[I]t is a wise man who admits the limits of his knowledge or skill, and that pretending either causes harm." --Terry Go
    4. Re:Neo-Luddites by Forbman · · Score: 1

      Funny, though, is that it took an Amendment to the Constitution to spell this right out... (as in, must enumerate rights before they're...rights).

    5. Re:Neo-Luddites by Decker-Mage · · Score: 1

      Jefferson and Madison realized they made some mistakes in the original.

      --
      "[I]t is a wise man who admits the limits of his knowledge or skill, and that pretending either causes harm." --Terry Go
  53. Re:RIAA by acariquara · · Score: 3, Funny

    Humor police

    You have made a bad pun. Go straight to jail. Do not pass GO. Do not collect $200.

    --
    Dear aunt, let's set so double the killer delete select all
  54. How? by Jugalator · · Score: 3, Interesting

    How can RIAA/MPAA have any say in how electronic devices are made, and what they can support and can't? How can they even propose anything about it? They're just an organization, not owning electronics companies, and not a political party. I can understand *AA protecting their distributed discs as they have the rights to do so (because the record labels being so are members of *AA), and conversely they don't have any say in protecting discs where labels aren't members, but this is looking like power on a government level when not being part of the government.

    --
    Beware: In C++, your friends can see your privates!
    1. Re:How? by .killedkenny · · Score: 1

      "How can RIAA/MPAA have any say in how electronic devices are made, and what they can support and can't?"

      Here's one recent example. The AACS encryption scheme for playback of Blu-Ray discs. If you want to license AACS (to build a player) you have to agree to DOWNCONVERT the signal to the analog outputs.

      http://www.videobusiness.com/article/CA6300812.htm l

    2. Re:How? by robgamble · · Score: 1

      They can release content in a proprietary format (that our laws protect), and license the technology to use that format to the media device manufacturers. Underground users will almost always find a way around the proprietary blocks but mainstream meadia usage (TV, radio, film, professional production work) will always be a big, slow moving target for **AA.

      If you haven't already, go out now (yes now) and do a search for independent music. Take the time to download some free MP3s and give a few a listen. You can find some really terrific music out there, and if you are going to pay for it put the money directly in the hands of the musicians.

      Without GarageBand.com I would never have found Retrograde, Stara Zagora, 5 Day Star, Coping with Ignorance, Zach Ziskin, Copper, Rantings of Eva, the list goes on and on. These groups put out professionally produced, rich and interesting music that meets or exceeds expectations of every person I've introduced them to.

      --
      No sig for you!
    3. Re:How? by catahoula10 · · Score: 1

      "and not a political party."

      It seems with enough cash these days you can purchase your wish list from the political party of your dreams.

      So who needs to actually BE a political party when you can just rent it for shits-n-giggles these days?

      This issue is So amusing.

      --
      This has been another valuable and informative opinion from:
      Catahoula!
  55. Re:RIAA by Heembo · · Score: 5, Insightful

    The record company visionaries are seeing the end of the road. In the past, you bought a record. Then an 8-track (only if you were hip). Then cassette. CD. Some moved to DVD, but many are getting mp3s' and the road is at an end. I don't need to move to the next latest-and-greatest way of listening to music. My imperfect transportable mp3 collection will follow me til the end of digital time without need to buy again.

    --
    Horns are really just a broken halo.
  56. "Restrict Digital Network..." by nurb432 · · Score: 1

    Guess its time to bring back the analog network..

    --
    ---- Booth was a patriot ----
  57. Re:This is necessary by Jafafa+Hots · · Score: 1
    That's the thing. The draconian WILL be necessary.

    The members of the RIAA do NOT create music. Thier entire business model is based on reproducing copies of the music and distributing them.
    Now, a ten year old with no money or raw materials, 15 seconds to spare, and a $200 home appliance can do the job the RIAA does. There are millions that can, and there will soon be hundreds of millions who can.

    If we ever get to the point where millions of ten year olds can make their own cars with no money or raw materials, in just a few seconds with a $200 home appliance, the the auto industry will be similarly doomed.

    It's not good or bad, it just is. It's reality.

    Yes, it could be stopped. It is technically possible to prevent hundreds of millions of people from doing something which costs them no more time, effort or cost than reading an email - but to do that would require extraordinary control over those hundreds of millions of people. That control could necessarily only come from government.

    Government control like that is possible, but is that worth it? I don't know for sure what kind of government you would call it, but it certainly wouldn't be a democratic one.

    --
    This space available.
  58. RICO by Ralph+Spoilsport · · Score: 2, Insightful
    I wonder how long it is going to take for some forward thinking prosecutor to take down the **AA orgs using the RICO law?

    I'm kind of surprised it hasn't happened yet - IANAL, but these shitbags are clearly working a racketeering game.

    Price fixing? yup.
    Stifling competition? yup.

    The list is long...

    RS

    --
    Shoes for Industry. Shoes for the Dead.
  59. "Piracy" is "customary" by Dave21212 · · Score: 2, Insightful


    It may not be legal, but it sure is embedded deeply in our customs.

    Would this legalize file sharing ? !

    --
    "Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech."--Benjamin Franklin
  60. MOD PARENT UP by HTL2001 · · Score: 1

    Yea, that's exactly what happens. But more like on a Defense Appropriations Bill or something

    --
    By reading this, you have given me brief control of your mind.
    1. Re:MOD PARENT UP by Anonymous Coward · · Score: 0

      Yes, that is how it works. At one point someone realized that you could attach a 2nd (and not so popular) bill to another (more popular bill) and get it passed that way.

      What makes this so effective is that the lawmakers cannot even vaguely keep up with all the bills they sign in to law. Someone tells them what it will do and they sign it. This makes it wide open for "abuse".

      That someone is usually a lobbyist who makes a donation to get time with the lawmaker. You then "inform" him/her on why they should pass it. Of course there's nothing stopping you from lying (selectively) through your teeth. Except potential bad reputation. But since there's often a LOT of money involved...

      [Also, who's the fool that modded this sub-thread as off topic? It's very ON topic to the bill proposal made by RIAA!]

  61. I wish... by whoppo · · Score: 1

    ... I had some of the drugs these guys are doing... they must be excellent!

    --
    chown -R us /base
  62. Important message to the RIAA/MPAA by Anonymous Coward · · Score: 0

    You can kiss my sweet little shiny metal ass! I definitively won't buy anymore of your shit.

  63. Re:Hey, the Swedes are awesome! No it's not! by pallmall1 · · Score: 1
    I live here and we have our share of stupid and retarted politicians that have no clue about the real world!
    That makes me think of Senator Bob Dole, who was running for President of the United States in 1996. He had never seen a barcode scanner before, and was amazed at the technology when he made some campaign photo-op purchases at a supermarket trying to show how in-touch he was with ordinary folk.
    --
    3 things about computers: they're alive, they're self-aware, and they hate your guts.
  64. Going around this by Gnaythan1 · · Score: 5, Interesting

    If I was a small manufacturer of electronic devices, and stupid rules like this were the law of the land. I'd make my devices with firmware that can easily be modified on a USB connection.

    I sure as hell would not officially make if open to all formats... but the day I started selling the machine, somehow would be the day the hacked firmware version was available on the internet.

    I'd also not hold press conferences on exactly how to install and upgrade to this hacked version. That would be wrong. I'd probably yell at some consultant who used to work for us(and was paid handsomely) when he held the conference. I'd probably re-hire him at some point, because I am forgiving that way.

    I'd denounce this hack publicly, calling it by its accurate name, so people wouldn't mistake it for some other, double-plus good firmware upgrade.

    I'd even denounce my loyal and faithful software partners, who somehow seem to be giving this firmware upgrade away, in multiple formats for different operating systems, and with no spyware whatsoever... I'd make sure to expose exactly how this upgrade gets to the public. Of course, this bad behaviour by my partners would not interefere with future business relationships, all water under the bridge, really.

    It would be an act of kindness of course, not to press charges on anyone who would hack their device in this way... and a demonstration of goodwill to pick up the legal tabs for anyone sued by some other party who didn't like what the consumer did to our device. Keep it in the family, as it were.

    Or maybe something like Henry Ford's "lawsuit insurance" is an alternative plan. http://www.randomhouse.com/crown/catalog/display.p perl?isbn=9781400050093&view=excerpt

    1. Re:Going around this by Lord_Dweomer · · Score: 1
      "If I was a small manufacturer of electronic devices, and stupid rules like this were the law of the land. I'd make my devices with firmware that can easily be modified on a USB connection."

      Here's a question for ya then...there are plenty of people here on Slashdot with ideas for technological solutions to this. Unfortunately, most of us don't have the technical know-how to buy off-the-shelf parts to make the device and start selling it, and most of us don't have the capital to hire a manufacturing company to make it.

      Can anybody suggest how to "start a business" manufacturing products when you don't have the technical skills to make it yourself, or the startup capital to outsource it? Also, lets say you did have some startup capital...how can someone who knows nothing about the manufacturing process go about learning about it or finding a company(s) to make their products from start to finish?

      I ask this because I really WOULD like to do something about all this crap, I just have no friggin idea where to get started.

      --
      Buy Steampunk Clothing Online!
  65. Pretty good but it's already patented by Anonymous Coward · · Score: 0

    So the **AA wil have to pay extra royalties to some one person patent holder LOVE IT.....

    Now that's a kick in the AASSS.

    So by congress enacting that law will they lose their patents?

    Just fuckin' w ya

  66. I find it amazing by DigDuality · · Score: 1

    How much indie music (as in independant, not as in the style of choice for myspace listeners) has exploded recently. Rappers selling as much as 500,000 copies and not being signed to major labels, rock bands going platinum and ending up on magazine covers and are in little or no way connected to the RIAA. Its getting pretty huge. And i believe the RIAA can thank itself for this.

  67. historic use by djmagee · · Score: 1

    Wouldn't historic use include recording to an archival media (such as a VHS tape) to be, legally, viewed again later?

  68. Everyone talks about a good alternative... by Khyber · · Score: 0, Troll

    Here's my alternative solution to this mess, and it's a very simple quote. "Pain is the most effective teacher." Yup, you guessed it, I'm suggesting beating the living shit, publically, out of every moron that even thinks about liking this proposed act, from Joe Peasant in the ghetto to Mr. Corrupt Senator and even higher up if necessary, and EVERYONE in the **AA needs it too. Remember when you did something wrong and your dad would BEAT YOUR ASS? Some of these people did wrong and never got their ass beat. It's time to make up for their under-beaten childhood!

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    1. Re:Everyone talks about a good alternative... by Khyber · · Score: 1

      Woohoo! I'm modded troll for using my parenting insight! Oh, yea, I forget, this is /. Children? Not for 3/4 of you guys' future. My bad.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    2. Re:Everyone talks about a good alternative... by Anonymous Coward · · Score: 0

      Hey, I'm with you on this one pal. Beaten to the edge of death and then some in a few cases.

  69. Can you sat corrupt con? by Anonymous Coward · · Score: 0

    Veteran of the war against liberals, eh? Oh ,those RIAA libs !!! Yeah, right.

  70. Not possible by teklob · · Score: 1

    All the digital watermarking and flagging in the world will simply disappear when you push your microphone up to your speakers to re-record it. Ditto for camcorder and tv/monitor.

  71. Silly, really... by Svartalf · · Score: 4, Insightful

    Since it needs to be made into an analog signal, somewhere along the line it needs to be put to a speaker. From there, it can be tapped off the speaker or recorded with a microphone. They won't put DRM in microphones because of the danger factor (already covered numerous times on this site...).

    "Plugging the Analog Hole" can't. In order for you to be able to hear/see it, it HAS to go through an analog hole they can't realistically plug.

    It's all friggin' stupid and we need to just remove from office all the twits pushing this BS as it's a waste of taxpayer dollars, etc. to be even discussing this as a law in Congress.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    1. Re:Silly, really... by mrbill666 · · Score: 1

      They are already loking at making your monitors obsolete by using "Trusted Computing" stuff. They want a handshake through HDCP all the way through your computer to the monitor. This means the Monitors would all have to be replaced with new HDCP compliant types that could handshake with the new Trusted platform. This likely could be pushed to your home entertainment speakers and make them answer back the same way. All digital copy protected all the way through. And no analogs out. The Analog Hole Plug bill was introducled about 3 weeks ago. Its over at the EFF site.

    2. Re:Silly, really... by Svartalf · · Score: 1

      Again, you missed the point.

      If you can see it, it's exportable analog.
      If you can hear it, it's exportable analog.

      Microphones can record.
      Camcorders can record.

      Anything that cuts off recording when it senses a DRM "violation" won't be accepted for very long if it's a
      recording device. Why? Here's WHY.

      You record your nephew's singing a song for his Grandfather who's dying so he can hear it.
      There's a DRMed blip of music that sneaks in because the radio's on and can be heard.
      That portion of that precious song is LOST because the anti-copy provision cut in.

      Do YOU think that something like that would be tolerated for very long?

      This is all garbage anyway. We all need to present this picture to everyone in terms they
      an clearly understand (Like above...) so they can also tell the lawmakers that enough is
      enough right along with us.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    3. Re:Silly, really... by Abcd1234 · · Score: 1

      The only technological solution I can think of to solve that problem is strong, durable watermarking. If one could apply a watermark to the content that could survive an DA/AD conversion, one could then simply mandate, in law, that recording devices must reject materials that have said watermark (kinda like that dot pattern that exists on US currency that triggers a sort of DRM in photocopiers).

      'course, there are a number of problems with this. First, there's all the old recording technology lying around. But, hey, wait 50 years and a lot of that stuff simply won't work anymore. Second, one has to create a durable, mostly transparent watermark that can survive a potentially very lossy DA/AD conversion. I know there are folks working on this problem, but I'm not sure what kind of progress has been achieved.

    4. Re:Silly, really... by WaR.KiN · · Score: 1

      By the time this bill gets through, most of humanity will be cyborgs, and you hear music by plugging a cable to the back of your head.

    5. Re:Silly, really... by skywire · · Score: 1

      Why is it that when these topics are discussed, someone always points out the obvious fact that ultimately the signal must become analog for delivery to the human ears, so we can hold a mike in front of the speakers, and we're home free! and then they get modded up to "5, Insightful" in short order? Sorry, but pointing out the obvious, and then suggesting that you will get anything worth listening to by holding a microphone in front of your speakers, is anything but insightful.

      --
      Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.
  72. post-mp3 by allelopath · · Score: 3, Insightful

    I agree with you to a point, ie, after digital, no need to go further. However, I don't see mp3 as the ultimate in digital. Soon enough, there will be something with far more fidelity and occupying far less space.

    1. Re:post-mp3 by Millenniumman · · Score: 3, Insightful

      Most people won't be able to notice higher fidelity, and computer storage space is becoming larger and less expensive, so it will be hard to convince people to re-buy all of their mp3 music to get these things.

      --
      Stupidity is like nuclear power, it can be used for good or evil. And you don't want to get any on you.
    2. Re:post-mp3 by emptycorp · · Score: 1

      It's called the LAME Codec and I highly recommend it.

    3. Re:post-mp3 by FLEB · · Score: 2, Insightful

      Most people won't be able to notice higher fidelity

      Who needs to when you've got marketing to tell you it's there? (And it sounds even better on my BOSE Wave!)

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    4. Re:post-mp3 by Millenniumman · · Score: 3, Interesting

      I have never heard anyone complain about mp3 quality, or even note it outside of Slashdot and similar sites. I don't notice a difference either. Now, I do realize that doesn't prove anything, but I think that it the opinion of the majority of average people. But are there any efforts to bring higher quality music download services? If there was much consumer demand I would think there would be. But your probably right in that expectations will change with new technology, or that people will just want what is better regardless of whether they can tell. I don't think taking up less space will ever be an issue. How much does it cost to fill up an iPod 60GB with music legally? ~$15000 . It might differ with mp3 rather than AAC or buying lower price CDs, but it would still be quite a lot. So with the new mp3 standard plus much bigger HDs the iPod 1TB with mp9 taking up one tenth the space you will be spending ~$3 million dollars to fill it up with music. Subscription services might change this but no one wants to wait 7 years to download all of the music on the music store and fill their digital audio player with it, even on their 1Tbps fiber optic internet connection. Especially when it will all stop working when they don't pay the monthly fee. At the risk of being "people will only ever need 64k"esque I think modern digital audio players already have all the storage that most people will ever need for music. Now digital audio/video players will need more storage space, and will probably replace DAPs.

      --
      Stupidity is like nuclear power, it can be used for good or evil. And you don't want to get any on you.
    5. Re:post-mp3 by heinousjay · · Score: 5, Insightful

      What bitrate are you using? 320 bps sounds like source material on any consumer level equipment, and if you're the type that feels like flinging your money at 'audiophile' equipment, then you won't want any kind of lossy compression anyway - if for nothing else than bragging rights.

      Overall, given the general public's taste in music, wasting fidelity on their ears is pointless, in any case. They can't tell at all, and probably wouldn't care, as long as there was a beat.

      ----- under this line, I get catty. -----

      By the way, calling people 'sheep' exposes you as an asshole. Manually linebreaking your text in an inconsistent fashion so that it's impossible to read doesn't help. Appropriate capitalization is a favor to your readers. And mp3 doesn't mean the 3rd version of some nebulous 'mp' spec, so mp9 wouldn't mean what you think it would.

      --
      Slashdot - where whining about luck is the new way to make the world you want.
    6. Re:post-mp3 by Millenniumman · · Score: 1

      Well, that's probably true. But it might not be enough to get people to replace their entire music collection.

      --
      Stupidity is like nuclear power, it can be used for good or evil. And you don't want to get any on you.
    7. Re:post-mp3 by tepples · · Score: 4, Interesting

      Millenniumman: Most people won't be able to notice higher fidelity [than MP3]

      allelopath: O rly? mp3 is barely tolerable to me.

      At what bitrate? LAME at bitrates close to 192 kbps produces MP3 files that are near transparent to most adult ears. Frankly I don't give a shit if your codec cuts off frequencies above 17500 Hz because at age 25, I am incapable of hearing them. And do you listen to music alone, or are you listening on top of house noise, car noise, or bus/train noise? Ambient noise can reduce the required bitrate for perceived transparency.

    8. Re:post-mp3 by Heembo · · Score: 1

      However, I don't see mp3 as the ultimate in digital.

      Far from it - tis why I called it a "imperfect transportable mp3 collection" - It ain't the best, but it works REALLY well overall - and I do not see the need for me to ever have to buy the tracks that I have on mp3 ever again.

      --
      Horns are really just a broken halo.
    9. Re:post-mp3 by Lusa · · Score: 1

      The only time I would complain about mp3 quality is when someone tries to put more than whats sensible onto those early tiny flash memory players. You know, more than an album onto a 64mb type.

    10. Re:post-mp3 by Anonymous Coward · · Score: 0

      Soon enough, there will be something with far more fidelity and occupying far less space.

      Or more space but it won't matter because we have so much storage.

    11. Re:post-mp3 by TheDugong · · Score: 1

      I just purchased a Squeeze Box 3 last week so I have been experimenting.

      192kbps MP3s, to me, generally sound boxier (i.e. more middley - as would be expected) than flac or wav (same source) through my hifi (a late 80's low-ish end Rotel amp and B & W speakers which I have had since the early 90's so know how it sounds very well).

      I think it does depend on what you are listening to and I am convinced that, in general, electronic music which has remained in the digital domain during the entire production process does not seem to exhibit the boxiness anywhere near as much as acoustic music. Although this may equally be my ears playing tricks on me.

      When I was doing music technology at uni, one of my lecturers emphasised "Never think 'The punters won't notice', because they will. They might not know it why it 'sounds funny', but they will know when it does".

      With the cost of storage nowadays you may as well rip everything to PC using flac and/or wav and then convert that to mp3 to play on mp3 players because you cannot go backwards.

    12. Re:post-mp3 by ceoyoyo · · Score: 1

      I think CD was the end of the line. 44kHz at 16-bit is more audio quality than you can actually hear (despite what the audiophiles will claim) so once you've got the data in that format you've got all the quality you'll ever want. You can copy to mp3 or whatever is convenient at your leisure.

      Every step up to CD gave you more audio quality and perhaps more convenience. Any new format now will lose half of that equation.

    13. Re:post-mp3 by slashname3 · · Score: 2, Insightful

      Overall, given the general public's taste in music, wasting fidelity on their ears is pointless, in any case. They can't tell at all, and probably wouldn't care, as long as there was a beat.

      Based on the noise coming from the neighbor's kid's car they could use a much lower bit rate for what apparently passes for music today. And it sounded like at least one of his speakers was blown. Why people listen to music that loud and distorted is beyond understanding. Makes me wonder if you could package a white noise generator with a bass track.

    14. Re:post-mp3 by Mal-2 · · Score: 2, Informative

      MP3s *can* sound bad, but that is almost always due to over-compression, bad settings (such as mismatched sample rates), encoders that can't handle certain conversions well, etc. I'm quite certain you can make an AAC or WMA suck just as bad. Any lossy format (audio or otherwise) can turn an input file to mush if it's set up to do that. The problem is that computers aren't smart enough to say "These settings will sound like shit. Continue? Y/N". Then the person hosting the file either has a tin ear, or has never listened to it, or perhaps just can't find any better rip, and it propagates.

      Mal-2

      --
      How is the Riemann zeta function like Trump rallies? Both have an endless number of trivial zeros.
    15. Re:post-mp3 by canadian_right · · Score: 1
      High quality music cannot be made smaller. mp3's compress music by throwing away parts of the music using clever algorithms that take advantage of the way your brain processes sound. mp3's are fine for listening to music on cheap headphones, but they certainly do not cut it for a good quality home stereo system.

      Storage is getting cheap. Full-CD quality files will be fit just fine on devices with huge storage. I'm not switching to downloading music until I can buy it in full CD quality, legally.

      --
      Anarchists never rule
    16. Re:post-mp3 by Weedlekin · · Score: 1

      Pink noise is bassier. Combine that with a variable-speed square wave generator modulating amplitude, and you'd probably have a recipe for success.

      --
      I'm not going to change your sheets again, Mr. Hastings.
    17. Re:post-mp3 by Weedlekin · · Score: 1

      "Frankly I don't give a shit if your codec cuts off frequencies above 17500 Hz because at age 25, I am incapable of hearing them."

      But you are capable of hearing beat frequencies caused by supersonic waves interacting with each-other. Such things can be especially noticeable with acoustic instruments that produce broad bands of non-integral harmonics such as cymbals, and is the reason that most people can tell the difference between real ones and a recording of them.

      NB: sub-sonics can also be noticeable, despite the fact that nobody's ears can use anything much below 20hz (unlike high-frequency response, which varies considerable between individuals, the low frequency threshold is fairly constant). However, one can detect such frequencies by body resonance, so it can have an effect on experiencing certain instruments (cathedral organs for example sometimes have pipes whose fundamental is 8hz). Note though that few people listen to recorded music in environments that are large enough for sound waves at that frequency, so even the best commercial loudspeakers rarely bother trying to cope with anything below 20hz (going below 60hz is probably a waste of both effort and space in most domestic settings).

      --
      I'm not going to change your sheets again, Mr. Hastings.
    18. Re:post-mp3 by Weedlekin · · Score: 1

      44KHz is the sampling rate, not the frequency response -- you need at least two samples per audio cycle to prevent aliasing, but more is always better when digitising analogue wave-forms. Note also that 16 bits is the minimum required for acceptable audio rather than the ideal resolution for excellent fidelity, hence the fact that most studio recording equipment uses at least 24 bits with a sampling frequency of 96 KHz per channel.

      --
      I'm not going to change your sheets again, Mr. Hastings.
    19. Re:post-mp3 by Threni · · Score: 1

      > I have never heard anyone complain about mp3 quality, or even note it outside of Slashdot and
      > similar sites. Now, I do realize that doesn't prove
      > anything, but I think that it the opinion of the majority of average people.

      You certainly have some faith in your own opinion to get from

      > I don't notice a difference either.

      to

      > but I think that it (sic) the opinion of the majority of average people.

      There is a difference between 128Kbps (the default itunes compresses music to) and a wav file. If you can't hear it then you've got cloth ears.

      > How much does it cost to fill up an iPod 60GB with music legally? ~$15000

      Er...wrong. It'll only cost £15,000 if you want to spend that much on it. What about free music? There's loads around. You just haven't looked very hard.

    20. Re:post-mp3 by ceoyoyo · · Score: 1

      http://hypertextbook.com/facts/2003/ChrisDAmbrose. shtml

      Human hearing typically extends up to 18 - 20 KHz for young people, less the older you get. So 44 KHz (22 KHz Nyquist frequency) gives a decent safety margin. 16-bits is quite a bit finer than people's senses can reasonably register as far as intensity goes, certainly for light and I suspect for sound as well, particularly in an environment with noise (and every environment has some noise).

      The story is different if you want to manipulate the signal somehow. In that case you need some margin, thus 24-bits with a sampling rate of 96 KHz. It's also why I shoot 12-bit digital photos, print film has an excess of dynamic range and medical scanners acquire 12 or 16-bit images. You can't actually SEE all that range -- it has to be compressed into more like 8 or 9 bits, but you have some flexibility in doing that. For photos you can adjust the exposure and white balance, for a CT exam you can look at bone or soft tissue.

      For listening purposes, the music companies giving us 44 KHz 16-bit music is all you'll ever need, although they'd desperately like us to think that even higher quality is worth (re)buying. I guess if you're going to remix it, maybe.

    21. Re:post-mp3 by Weedlekin · · Score: 1

      "Human hearing typically extends up to 18 - 20 KHz for young people, less the older you get. So 44 KHz (22 KHz Nyquist frequency) gives a decent safety margin."

      Many acoustic musical instruments do however produce harmonics well above the 22KHz threshold, and these in their turn generate audible beat frequencies when interacting with other instruments. This is the reason why tweeters for high-end audio systems are capable of reproducing frequencies well above the top threshold of human hearing (40KHz is not uncommon where price is no object), as do some studio microphones. Recording these beat frequencies themselves is _not_ the same as generating them from harmonic information contained in a recording. One reason for many audiophiles claiming that vinyl recordings sound better than CDs despite a much lower signal / noise ratio is because the best ones contain frequencies up to 50KHz, so they supply a far more realistic audio environment than a system that is limited to 22KHz. Some studio engineers refer to this as "voodoo", because recordings with an ultrasonic component shouldn't sound better on paper, but a number of blind tests have shown that in the real world, they do.

      "16-bits is quite a bit finer than people's senses can reasonably register as far as intensity goes, certainly for light and I suspect for sound as well, particularly in an environment with noise (and every environment has some noise)."

      16 bits has a maximum dynamic range of 96 db, but even the best CDs and players actually produce about 90 db. The human ear's dynamic range is around 130 db (quietist sound to threshold of pain), so our ears have more about 10,000 times as much dynamic range as CDs. 24 bit sound has an _effective_ (rather than theoretical) dynamic range of between 109 db and 120 db, depending on the quality of the converters being used; with good converters, we are thus within a factor of ten of the ear's own limits. 24 bits will therefore sound better given a system of sufficient quality (and of course a listener who doesn't think that low-quality car stereos running at 25% distortion sound great).

      "For listening purposes, the music companies giving us 44 KHz 16-bit music is all you'll ever need, although they'd desperately like us to think that even higher quality is worth (re)buying."

      It is adequate for most of the systems that will be used to play it, and indeed most listeners. There is however an audible difference between a 96KHz 24 bit master and its destination 44KHz 16 bit destination when both are heard on good equipment that is particular evident with certain types of music.

      --
      I'm not going to change your sheets again, Mr. Hastings.
    22. Re:post-mp3 by ceoyoyo · · Score: 1

      16 bits has a maximum dynamic range of 96 db, but even the best CDs and players actually produce about 90 db. This doesn't sound right. If I have a CD full of 0's it should be played as silence. If I have a CD full of maximum amplitude sound it should be played at the maximum amplitude the system is capable of, given the current volume setting. The db range is then determined by your amplifier and speakers. What the extra bits do is give you extra gradations in between. So a 16-bit system can describe about 65,000 individual levels (how those levels scale into actual sound pressure is determined by your system and volume setting). Your ears (and eyes) have a tremendous dynamic range, but they can't distinguish that finely between individual levels within that range. We can hear a whisper and a jet plane taking off, but we can't distinguish between the loudness of jet plane A and jet plane B because the difference is too small. But for the audiophiles, go ahead and replace your music collections when the RIAA decides to sell you the next greatest thing. The original point was that I think the music industry hit the ceiling when they issued CDs. Almost everybody realized that there was little point in paying to go higher than that.

    23. Re:post-mp3 by Weedlekin · · Score: 2, Insightful

      "If I have a CD full of 0's it should be played as silence. If I have a CD full of maximum amplitude sound it should be played at the maximum amplitude the system is capable of, given the current volume setting."

      If the system was implemented as you seem to think it is, then there would be noticeable quantisation effects -- piano notes for example would initially decay smoothly until a certain volume level was reached, after which there would be perceptible steps. The reason for this is that our perception of volume is logarithmic, so we are capable of distinguishing minute differences in sound pressure level at the low-volume end of the scale, but require progressively larger differences as the pressure level rises, and it is the quiet end of the scale that would suffer if one attempted to represent ranges larger than 96 db with 16 bits. Note that quantisation effects would be quite noticeable even with pop and rock music, because they still contain instruments (e.g. drums) with envelopes that are susceptible to "steppiness".

      "Your ears (and eyes) have a tremendous dynamic range, but they can't distinguish that finely between individual levels within that range."

      Ears and eyes are completely different organs that are processed by separate areas of the brain. You cannot therefore make assumptions about one based on the other, any more than you can make assumptions about touch based on what you know about the sense of smell.

      "We can hear a whisper and a jet plane taking off, but we can't distinguish between the loudness of jet plane A and jet plane B because the difference is too small."

      Ears are logarithmic: we can distinguish between the relative volumes of two quiet sounds with great precision, but require progressively larger volume differences as the overall sound pressure rises.

      "The original point was that I think the music industry hit the ceiling when they issued CDs. Almost everybody realized that there was little point in paying to go higher than that."

      What you said was as follows:

      "44 KHz (22 KHz Nyquist frequency) gives a decent safety margin. 16-bits is quite a bit finer than people's senses can reasonably register as far as intensity goes, certainly for light and I suspect for sound as well, particularly in an environment with noise (and every environment has some noise)."

      Neither of those points was correct. Our ears are perfectly capable of handling a lot more than 90db of dynamic range, and sounds well above 22KHz can interact in ways that result in waveforms at audible frequencies.

      As to whether it is worth paying for something better than CDs, that depends on many factors: what sort of music one listens to; how good one's audio system is; how well one's brain has been trained to listen instead of just hear; etc., etc. In my case for example, CDs are perfectly adequate, because my musical tastes are mostly based around recordings that were made on equipment which was in most respects inferior to them, while the vast majority of others are limited by the quality of the equipment used to play CDs, not the CDs themselves. It is in essence much like the HD TV debate: there's no point paying for a high-definition playback system and the media for it if you are going to view them on a TV set which is only capable of standard definition, or has a screen that is small enough to make the differences largely imperceptible.

      --
      I'm not going to change your sheets again, Mr. Hastings.
  73. I have a better idea by penguin-collective · · Score: 3, Insightful

    Why don't they stop publishing content altogether? Then nobody can steal it anymore, and the rest of us can go on with our lives. The independent stuff is a lot better anyway, and I'm happy to finance that by going to concerts.

  74. An idea worthy of consideration by QuantumHippo · · Score: 1
    I also have been struck with the same idea many many times, and I think it appeals to anyone with an intrinsic sense of compassion for the oppressed. Unfortunately, people with an intrinsic sense of the ethical are less likely to perform such an ethically questionable action, which is why you rarely see the assassinations of "evil" people by "good" people. Conversely, the entire throng of martyrs political, social, and religious bear witness to the opposite effect - namely, sociopaths asserting themselves (directly and indirectly) at the expense of others well-being.

    While this may seem a bit extreme given the matter in hand (basically the RIAA becoming the FDA of technology), its the matter of exploitation in principle that I'm addressing. We could switch the RIAA with Exxon/Mobil (and their shennigans in Venezuela), and we could have a case where moronic corrupt exploitation has caused death.

    Lord only knows how many indirect assassinations have taken place in the last 100 years under the guise of what is "legal". "Legal" exploitation of economies (and therefore of individuals) has assassinated more people than all the sniper rifles in the world ever will. On the other hand, can sniper rifles aimed at the correct targets help to nip exploitation in the bud before famine, disease, starvation, and ecological disaster hit home? ;-)

    Though its sort of off the topic, I can't help but want to quote Thomas Jefferson "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants."

    Anyways, in WWII, an ethicist/pastor, Dietrich Bonhoeffer, became involved with some higher ups of Hitler's staff in a plot to kill Hitler. While his motives and reasons for acting in this plot are very complex, I'll simply present a list of questions that apply to the situation at hand.

    1) If you wish a freezing and starving neighbor to be warm and well-fed, but do nothing to alleviate his suffering when, in actuality, you had the means, you are guilty of oppression. By extension, if your neighbor's life is in danger (through economic turmoil imposed by the all-pervasive and holy market), but you do nothing to protect him and he dies, you are guilty of murder. On the other hand, if you kill his oppressor, you are guilty of murder. (Life is replete with catch-22 situations like this)

    2)Are there alternatives to the catch-22 situation that may be concidered? How long is it necessary to wait for these alternatives if they haven't panned out to halt the corruption and exploitation. Is it ethically justifiable to keep waiting when a more direct solution (assassinations of key exploiters) is available that could save lives? For instance, how long must we wait for the precious market(which you slashdot people are strangely enamoured with) to fix the situation? If the exploitation of the market, and the media brainwashings of consumers who feed that market, is the instrument of oppression - is it ethically justifiable to kill those few elites having sway over the market and media in order to free up our alternative? Would such action just give wave to another set of key exploiters and oppressors?

    3) Is it even the role of the individual in a representative democracy to take such power upon themselves, or does such power belong to the lesser authorities?

    The entire situation is actually very similar to the political situation in Western Europe in the late 16th and 17th centuries. Since historical analogies are dangerous and usually non sequitor, I won't make them. The ethical question is still much the same. Concerning the first two points, the Jesuits developped a system of ethics called probabilism - which is still used today in many facets. New advent puts up a good definition : Probabilism is the moral system which holds that, when there is question solely of the lawfulness or unlawfulness of an action, it is permissible to follow a solidly probable opinion in favour of liberty even though the opposing view is more probable.

    In

  75. Book signings... by Svartalf · · Score: 1

    You autograph your work at book signings- like authors have always done for years. That, and if you're good, get to be a Guest of Honor at a convention.

    I'll admit, it's a little more difficult to get money that way than it'd be for a musician, but it's doable if done right- and for print, there's ways of accomplishing things in this day and age that make it still profitable for an author. After all, e-books haven't taken off for the very reason that DRM on an e-book is obnoxious (You mean I can't use this e-book on another reader (Part of what killed the eBookman, Rocket, etc...)? Oh, you mean that this e-book's tied to an old credit card number I no longer have; I'll have to re-purchase the thing? Forget it.). Yeah, they sell locked e-books. They don't sell anywhere near as many of those as they do the unlocked ones. And publishers like Baen seem to do just fine with unlocked books, and even more "insane" things like...giving the things away for nothing online and bundled in huge honking collections on CD with select hard-bound books.

    DRM is NOT an answer. The old models that the media producers have been pulling their plays out of aren't an answer for this day and age either. The legislation that we're discussing is dead-wrong and not an answer- and shouldn't be done as it's just simply a prop-up for a business model that's been outmoded. In earlier times, they'd have been told by the government to pound sand and come up with a new business model. If we were coming up with Autos in this day and age, they'd probably legislate them out of existence to protect the buggy whip and tack manufacturers' business.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    1. Re:Book signings... by LtOcelot · · Score: 1

      I'll admit, it's a little more difficult to get money that way than it'd be for a musician, but it's doable if done right

      Please cite your evidence. The value added to a book by a signing or convention is negligible compared to the value added to a music CD by a live performance.

    2. Re:Book signings... by amper · · Score: 1

      Actually, I would argue that the value added to a book by the author's autograph is effectively zero, unless one happens to sell said book, thus depriving one of its tangible benefits.

    3. Re:Book signings... by dada21 · · Score: 1

      Amper -- I appreciate your responses, I only just got back to the web after a very long 24 hours of work :) Since this thread is basically "over" I'm going to ponder your responses and make note of them on my No Copyright blog shortly.

      To the gent (lady?) who asked how an author makes money selling books, the response is not so wonderful until one things of the long term effect of copyright: sell it yourself.

      Artists have always found better sales through art fairs, direct-to-customer sales, exhibits and even through private galleries. Book writers should be no different. Our largest book stores (Amazon, Borders, B&N) likely because this big due to copyright's power of putting the publishing in the hands of the very powerful cartels. Even if your book is good, the chance of publication is zero, and if it does get published, your chance of profit is zero.

      Selling direct, via local book stores and art fairs, seems like the right way to sell art.

      You don't see painters complaining about distribution as they've found the secret to selling -- go direct to your customer. I don't think music or writing or poetry should be any different.

      Copyright puts such power in the hands of the cartels to control those who are not part of the gang that it seems near impossible to me to even try to get into the market without a great deal of luck.

    4. Re:Book signings... by Anonymous Coward · · Score: 0

      You've clearly never known any painters. Finding distribution channels for your work is quite involved, if you actually wish to be successful.

      It's actually pretty simple, and this is how things worked before copyright protected such works: artists and authors will return to courting wealthy patrons to commission works for vanity. The primary difference between the current courting of distributors and the historic courting of patrons lies within the motives of the parties: distributors today fund artistic works for a profit, and patrons funded artistic works for their egos. They won't continue to fund for profit, because the volume of sales for any given work would need to be absolutely massive to compensate for the low margins introduced by cheap duplication. This would encourage printers and distributors to compete on two fronts: lowering the budgets for works (driving down the compensation for the artist), and obtaining a monopoly on sales (pricing self-publishers out of the market because their per-unit costs are too high). Complicated art (art that requires a lot of time, resources, or people to produce) once again becomes the domain of the wealthy, who have no hope of recouping their investment financially unless they also happen to have monopolized distribution and duplication.

      It's funny that removing copyright protection really just fucks the artist over more than the current business practices of the media companies. It's the only thing that prevents their much-more efficient replication and distribution chain from taking their work without any compensation whatsoever after it's released. Self-publishers cannot compete with industrialized replication on margins.

    5. Re:Book signings... by amper · · Score: 1

      I think one of things you need to consider is that the real power of the "major labels" lies not in copyright, but in the stranglehold they have over the distribution arena and their positions as the intermediaries and arbiters of taste. Because they control the distribution channels, they can dictate the terms of the contracts they offer to creators, which usually means that the creators must grant a perpetual, exclusive license to the label that signs them, pay for practically all production, promotional, and distribution costs themselves, etc, etc, which results in a system where the label assumes little to no risk, while the musician is for the most part left with no assets. It's a positive feedback loop (like so many capitalist systems) that has a tendency to shut out the smaller player.

      The labels and other cartels (Viacom, Clear Channel, etc) control the record stores, the radio, the theatres, the television stations, the concert venues, even many of the small clubs. Do you know how many outlets Clear Channel controls just in the Philadelphia market alone (my market)? The reach of this corporation is staggering! Therefore, they control access to their system. It's not copyright that allows this, but control of the distribution channels. Controlling the copyright is only a fringe benefit to the labels, which has the effect of eliminating their only viable competitors...their content creators themselves.

      Mediation is an important aspect of a large scale society, and we as musicians need to start seriously thinking about ways to circumvent the major label system and create our own mediation/distribution system. Thanks to the Internet, we may actually have a chance of succeeding, but the state of distribution over the Internet is in serious disarray. Absent a drastic increase in artistic education in our schools, mediation will always be necessary.

      Signing with a major, or even a larger indie label used to be a dream of mine, until we started to garner label interest in the early to mid 90's and discovered how the system really works. Quite distasteful.

      I should also mention that the visual and literary arts hold a much different place in our culture than do the musical arts. I don't know about you, but I find it hard to contemplate "Nude Descending a Staircase #2" or read anything by Proust while driving my car... ;) Although, come to think of it, that's hard to do even standing still...

  76. Re:RIAA by oliverthered · · Score: 1

    And that's why they invented DRM.

    --
    thank God the internet isn't a human right.
  77. Where's the ACLU and other Civil Rights groups by JoeCommodore · · Score: 2, Interesting
    Looking from the performers side it looks pretty dicrininatory, it give the power to the "performing rights organizations" which are not really organizatons but corporations instead. Sure limits the ability of the poor struggling artist from making an honest dollar.

    I think some legislation to abolish the MPAA and RIAA and create some more fair public organization is in order if these things go into place.

    --
    "Enjoy what you're doing! If it becomes drudgery, you're doing it wrong!" - Jim Butterfield
  78. Okay, try this one, then by DongleFondle · · Score: 1

    Say you're a student in Mississippi and you want to read "Huck Finn", but it has been banned by the Samuel Clemen's Memorial Library in your town . . .

    But seriously, I don't buy the doom and gloom worst-case-scenario's that predict the future lockdown of technology. In order to get away with enforcing a global standard for rights managment, you would have to have the entire globe in bed with you. If just one company in the U.S. decides that they can make more money by stripping or bypassing rights management for users, they are going to jump on that opportunity. The only way to quash this rouge company would be through broad reaching legislation (similar to this "Customary Historic Use" crap). And as a previous poster noted, there are always going to be countries that are not willing to lock down piracy.

    Additionally, I can not think of a single situation where a major manufacturer of technology is ahead of the public at large in innovation. In the battle to lock down information, corporations are simply outmatched. There are lots, lots more of us. Look at the Xbox 360 for example. It was developed to be the model of trusted computing and already we're seeing individuals that are figuring out how to hack it. Its only a matter of time.

    I don't know if its necessarily true that information wants to be free, but I know for damn sure that WE want it to be free.

  79. but everyone does it... by E8086 · · Score: 2, Insightful

    Unlike in their paranoid delusions, everyone doesn't "pirate" their crap, I mean content, no I really mean crap. There has to be something more than blind greed here. I've been saying they want to use DRM to turn everything into a pay-per-view box. Pay to record or buy(I mean rent a limited license change/revokable at any time for any or no reason with no chance of a refund), then pay to watch and continue to pay to rewatch everytime you want play it again. And they'll probably want to ability to remotely delete any or all of your recordings. Will they ever learn that everyone don't download everything that's not free for free. Like most(I hope) people I pay for the content I have. I got a cheap usb tv card, after about an hour of recording the audio gets noticably off, fine when I'm also watching an can stop and restart the recording during the commercials and combine later. I've legaly recorded many dozens of TV eps this way. My DVD collection is over 150 disks, of course I'm inflating the number by including bonus disks and counting TV seasons by number of disks. Compared to my small pile of 19 CDs so you can see where my interest lies. I'm considering getting a TiVo to aid in the inital recording and for shows I'll want to watch once then delete, the re-encoding/compressing (yes I have a legal copy of DivX) can wait.

    Instead of trying to ban all the fun new toys before they've been fully developed maybe they should encourage their developement so the price drops and everyone has one and downloading will stop because everyone can legally record things for their own personal time-shifting use. But that's just for stuff on tv.

    --
    F7 doesn't work, ignore spelling and grammar
  80. 'permit' not 'limit' by alphakappa · · Score: 2, Insightful

    Quoting directly from the linked article:
    (b) permit customary historic use of broadcast content by consumers to the extent such use is consistent with applicable law;

    Nowhere does it mention that the devices should be limited to customary historic use. It states that customary historic use should be permitted provided that it doesn't break nay applicable law. I'm not an *AA defender, but crying wolf over something that's not there does not help the fight against them. In this case, the ArsTechnica article simply states a line out of context (Notice how the same quote in the first paragraph of the story conveniently edits out the word 'permit' to completely change the tone of that line)

    --
    "When the only tool you own is a hammer, every problem begins to resemble a nail." - Abraham Maslow (1908-1970)
    1. Re:'permit' not 'limit' by Forbman · · Score: 1

      You overlooked the obvious ploy in your own statement: permitted provided that it doesn't break nay applicable law

      One just now has to pass laws that prohibit what was once permissible, and the Customary Historic Use doublespeak is not violated.

      In the past, various aspects of copyright, like First Sale, have been pretty much unassailable. Garth Brooks and a bunch of other RIAA bitches tried to sue The Wherehouse (they were probably the only largish chain that was doing it. Sam Goody, Tower Records, et al. at the time weren't selling used music) to either stop reselling "used" music media or pay the same royalties that they pay when they sell new music media. But I don't think it even made it out of court.

      If the RIAA really was smart, they would just stop selling music purely under copyright, and say that it is a licensed "rental" or "lease" or something like that, that you have only purchased and own the physical media, but the contents on the media are owned by the RIAA companies and you only have a limited license to listen to it but not record, timeshift, make backup copies, convert to other formats, etc, that your opening of the package constitutes your acceptance of the enclosed license agreement, etc., because this license is outside the scope of copyright law, which only applies to "published" or "broadcast" works, and RIAA products are not "published" any longer.

      Yes, and why not get me to agree that my sister is also my father, too, right?

  81. when does this become collusion? by voss · · Score: 1

    The DVD forum wont allow new high definition DVD players to send true hi-def content to
    be sent over component video which was the standard for HD sets from 1990s until mid 2004.
    You cant even buy a dvd player that upconverts regular DVDs over component video.

    Because of this people are going to have to replace perfectly good HD sets in order to
    view high-def content which is why they bought their HD sets in the first place.

    1. Re:when does this become collusion? by louden+obscure · · Score: 1

      "Because of this people are going to have to replace perfectly good HD sets in order to view high-def content which is why they bought their HD sets in the first place."


      which is why i may wait a looooong time to upgrade my still functioning non-HD 52" NTSC 4:3 rear projection set and my buffer overflow modded first gen dual bootable x-box running xebian. i find the x-box an acceptable media player (i have to use the clunky keyboard/mouse interface cuz i haven't had the time or money to explore the lirc alternative...yet) for my needs.
      sure, HD is nice and i don't deny i want it, but if i spend money on the hardware, those idiots of the *AA sure as hell aren't gonna tell me how to use it anymore than i allow m$ to tell me how to use my PCs.
      --
      Serenity now, insanity later.
  82. Odds are against them... by dasunst3r · · Score: 1

    With the recent scandals that have been happening lately with Jack Abramoff and Tom DeLay, it would be fair to say that the government is doing nothing but jacking off and delaying innovation by introducing these laws. If they are wise, then they'll go back to working for the people. But then again, for reasons that I won't state here, there are reasons why I'm not so proud to be an American -- this government is as stupid and immature as a student council.

  83. Re:RIAA by malhombre · · Score: 1

    So, everyone on slashdot: don't buy any CD's for one year. Tell your friends. Share your illegal music stash with them, or use allofmp3.com (that really pisses em off). After a year of minimal sales, they won't have the money to buy handfuls of techno-dunce politicians, hence they won't matter, and they won't be playahs anymore. Just quit giving em money!

  84. whose policy? by Anonymous Coward · · Score: 0

    "plans by the RIAA/MPAA to stifle the consumer electronics market by replacing it's "fair use" policy with something called "Customary Historic Use"."

    Since when was the RIAA responsible for deciding what "fair use" is? That decision lies with the society within which the publisher operates, and if they don't like what society considers fair, then they are quite welcome to abandon society and try to sell their CDs to less demanding consumers, say, for example, trees and animals?

  85. What Dicks! by rspress · · Score: 1

    Of course the RIAA/MPAA would consider EVERY device in their domain. That means no news MP3 player, CD player, DVD player, CD/DVD computer drive, Television, Television card, TiVo or TiVo like device, radio damn near everything, under their control. Yes, you can release your new CD/DVD but it cannot record any audio or video.

    Maybe one day the RIAA/MPAA will figure out that the reason their sales are going down is that they are releasing a bunch of crap. In a world where Ashlee Simpson, J-Lo and .50 cent are top sellers you know something is very wrong.

  86. Yes and what do we do about it? by Phoenix666 · · Score: 4, Insightful

    The corporations keep getting more powerful, and the average Joe keeps losing more, and democracy is vanishing down the tubes. What do you do about it? File a lawsuit? Really. When an administration can torture and spy on you with impunity, what good is the rule of law going to do you?

    The only thing that does any good whatsoever is to get together 5-10 friends, and go make a personal visit to your Congressman's office. Not Senators, mind you, since they all think they're little potentates and don't give a crap what you think. But House members can be influenced, especially by a motivated group of citizens in their district.

    Why is that? Because in the eyes of a politician none of us is just one person. Rather, we're a node in a network of an average of 150 friends, family, and acquaintances. They piss you off, and you become a message repeater to that network telling them not to vote for that politician, which in turn could echo from each of those 150 people in your network to the 150 people in their individual networks. That sort of math adds up quickly. Sure, it could be no more than a person two or three hops removed from you saying, "Yeah, I heard that guy was a real dickhead." But you'd be surprised how many people vote based on such vague hearsay. Definitely enough to cost someone an election.

    Then you throw in the possibility that you might be the niece of their biggest campaign contributor, or that you might be one of those people Malcolm Gladwell talks about who has a personal rolodex of 5,000 contacts, and suddenly the math takes off even faster. They don't know, so better for them to play it safe and not piss you off.

    House members have a much smaller pool of constituents than Senators, so they're much more vulnerable to the math. For state and city elected officials, even more so.

    And what happens if they do piss you off? You and your 5-10 friends make up a simple flyer, go out to the Walmart/supermarket/mall whatever for a couple hours on an weekend and hand them out like crazy. Guarantee you'll get action then. I did it with three friends for two hours on a Saturday outside a supermarket in Greenwich Village last year after a snotty state senator told us she wasn't going to support legislative reforms (like being required to actually vote) in Albany. Next day I got a nasty call from her Chief of Staff asking us what the f*ck we thought we were doing. Apparently they had gotten 2-300 phone calls from their constituents asking her to change her position. I asked her if I could quote the senator on that, and forward it to a friend at the Village Voice (a widely read paper in NY). I also said we were prepared to do the same every weekend until she changed her mind. We heard through the grapevine that the woman was so panicked that she complained to the chairman of the state party; the story pretty much reverberated throughout the state. Ultimately when the reforms came to a vote, she voted for them. 4 people, two hours, vote changed, reforms passed, worst legislature in country cleaned up.

    You can make a difference, but complaining about it on Slashdot doesn't do anything. Writing letters to congressmen does make more of a difference than you think, but it's still not much. Small groups of people can make a big difference if you do it right. I'm no expert, but I've been through lots of experiences like the one above and have some idea about what works and what doesn't. Drop me a line at dakong27 at yahoo.com.

    --
    Do what you can, with what you have, where you are.
    1. Re:Yes and what do we do about it? by DarkEdgeX · · Score: 1

      Hmm, and you weren't kicked off the property for soliciting? (This is a serious question). I know I've seen people outside Wal*Mart from time to time trying to sway people to vote for something or gather signatures for something, but wasn't sure if they had permission; or if they did, if they'd give permission for someone trying to get the word out over something like copyright. (Which, you know, Wal*Mart loves to sell things, be it at their brick and mortar storefronts or online with their music store; getting copyright changed might be viewed as being negative for them).

      Anyways, inspiring story nonetheless.

      --
      All I know about Bush is I had a good job when Clinton was president.
    2. Re:Yes and what do we do about it? by AUDIOMIND · · Score: 1

      Except for the fact that the incumbency rate is well above 90%!!
      http://www.cato.org/pubs/journal/cj14n3-2.html

      The best solution, for now, would be the implementation of term limits, which you simply will not get from the same people it would affect.
      http://termlimits.org/Current_Info/current_info.ht ml

  87. license, registration, and buggy whip by scotty1024 · · Score: 2, Funny

    Just imagine if the buggy whip people had been this greedy, we'd either still be using horses to get around or we'd have the police checking to make sure we have license, registration, and buggy whip.

  88. Re:RIAA by vettemph · · Score: 1

    And why We* invented .ogg.

    *I didn't invent it, but in an Us vs. Them world, We did.

    --
    The government which is strong enough to protect you from everything is strong enough to take everything from you.
  89. So do something about it! by penguin_strut · · Score: 1
    ...and, as I tried to get posted to Slashdot proper, this is coming up before the Senate on this coming Tuesday, the 24th! According to the EFF's Analysis of the bill, "The broadcast flag would place TV shows in a DRM ghetto, where your right to copy, back-up, sell, time-shift or convert them into formats convenient to you would be at the whim of the broadcasters [while the] audio flag would give the FCC matching powers over "digital audio broadcasting," [possibly including podcasts and internet radio as well]. Fair use would be frozen into "customary historical use".

    However, in response to this horrific proposal, the EFF has launched an action site where you can easily email your Senator and remind them that "users' rights zealots" pay their taxes just like everyone else. This is especially important for residents of "Alaska, Arizona, Arkansas, California, Florida, Hawaii, Louisiana, Maine, Massachussetts, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, North Dakota, Oregon, South Carolina, Texas, Virginia, Washington, or West Virginia." There are only days left, so drop a mail to your Senator! It won't take a minute, and could help sway some opinions. There's even a pre-typed form letter available (with a typo in paragraph 3), for those of you in a big hurry. I hate to bypass the Slashdot editorial process, but I think that the situation warrants it!

    1. Re:So do something about it! by jZnat · · Score: 1

      Oh come on, why doesn't it support Illinois? Chicago is one of the biggest cities in the world, yet we get excluded... They forgot New York even! Bah...

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    2. Re:So do something about it! by HTH+NE1 · · Score: 1

      Oh come on, why doesn't it support Illinois? Chicago is one of the biggest cities in the world, yet we get excluded... They forgot New York even! Bah...

      Because there are no Senators from those states on the Senate Commerce Committee before which hearings on the bill will be brought on Tuesday.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
  90. Re:RIAA by WebCrapper · · Score: 1

    HA!

    I've purchased 3 CD's in the last 8 years. I have NEVER purchased an MP3 online and I have bought 1 ring tone for my wife (a prof. musician). The kicker is - I don't download music or grab shares from friends.

    As soon as I was old enough to realize that the music industry is over charging for their CD's as well as screwing the artists, I got upset. I've also lost interest in a lot of artists because the industry has no problem putting tone deaf idiots on stage even though they doctor the tracks on their CD to make it sound perfect.

    The only CD's my wife buys are movie tracks put together by her favorite composers.

  91. How is this worse than the DMCA? by plasmacutter · · Score: 2, Insightful

    The DMCA already does this.

    I have a modded xbox. This is illegal under the DMCA, but it plays every format, open or closed. This would have been available as a cheap set top box under every manufacturer if the DMCA were not there giving these greedy ****s complete regulatory control over the consumer electronics industries.

    Why do they need this law, and why do we need to oppose it? after all, these jerkoffs in hollywood already have complete regulatory control over all devices used to access their releases, and after the transition to HDTV will have complete regulatory control over all devices used to access tv (and don't say the broadcast flag is dead.. cable has rules stricter than the flag and has an 80% market penetration in the US). So exactly how does this make things worse than they already are.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  92. s/government/corporations/g by Anonymous Coward · · Score: 0

    As I've tried to explain to libertarians for years, corporations are just governments with private ownership.

  93. the funny part... by emagery · · Score: 1

    really; the funny part about all this is that anyone cares... if people get sick and tired of this kind of crap being pulled all the time, they'll simply come up with their own devices, standards, and entertainment community ... its not as if instituting a law that won't be accepted by the general public will actually work. If people are happy with this supposed new law it'll work... if they're not, it won't... pure and simple. Same as with gov't and all other services. People can be convinced they have to abide for a while, but never permanently.

  94. 2006 isn't 1984 by Infonaut · · Score: 1

    So they want total control over the next generation?

    No. They're trying to protect a dead business model. Not the same thing by a long shot.

    They're greedy and stupid, but their motivation is profit, not political control. Their efforts to lobby Congress and sway the courts are designed to keep an industry built around middlemen from imploding. However, they are also trying other approaches as well (striking iTunes distribution deals with Apple, for example).

    The RIAA/MPAA know that their lawsuits are unpopular, but at the moment they haven't found an approach that (in their minds) does a better job of protecting their profits. They'd rather not spend all that money on litigation, but they feel compelled to do so at the moment. Once one of the labels gets smart and breaks ranks, then makes gobs of money by treating customers like customers rather than criminals, the rest will follow.

    Also, Orwell was referring to state control, not corporate control. If you want to wallow in some good corporate dystopia, check out Ambient by Jack Womack.

    --
    Read the EFF's Fair Use FAQ
  95. Nobody will buy this junk by Anonymous Coward · · Score: 1, Interesting

    Let them stick DRM tech in screens, PC hardware, players, content sold in various formats and so forth. Lets see how much of it gets sold and how much stays on the (virtual?) shelf and gathers dust.

    My personal guess is that DRM protected content and players will have very slow sales and that the whole DRM project will eventually get scrapped.

  96. RIAA Radar??? wtf? by advocate_one · · Score: 1

    I get a connection refused when following that link and also when pasting the plain link into another tab...

    --
    Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    1. Re:RIAA Radar??? wtf? by arkhan_jg · · Score: 1

      Hmm, site was up this afternoon when I posted the link, but it looks like the site is down at the moment for me too. Sorry bout that, try it later, hopefully they'll have it fixed. It's been around for ages, so they must be just having temporary difficulties.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    2. Re:RIAA Radar??? wtf? by typical · · Score: 1

      Magnatune is still up.

      --
      Any program relying on (nontrivial) preemptive multithreading will be buggy.
  97. Going on the Offensive by zotz · · Score: 2, Interesting

    Going on the Offensive.

    I think we need to stop just defending and reacting to these sorts of issues.

    We need to go on the offensive. We need to think of some initiatives that we could push for that would help or just not affect the little players too much and yet would put a monkey wrench in the game plan of the big boys who are constantly trying to pull these stunts.

    Push for this change for instance:

    No more taking works from the Public Domain and making derivatives with all rights reserved types of copyrights. You can sell public domain works fine. You can make derivatives and put them under a copyleft license fine. But you cannot make a derivative of a public domain work and lock it up as you can if you had made something completely new.

    I think something like this might give them the kind of scare that their stunts give us.

    Any thoughts on this idea. Any other better ideas to go on the offensive?

    all the best,

    drew
    -----
    http://www.ourmedia.org/node/145261
    Record a "copyleft" song and you could win a thousand dollars.

    --
    FreeMusicPush If you want to see more Free Music made, listen to Free
  98. Sweet, sweet irony by Scrameustache · · Score: 1

    explain to them exactly why your NOT gonna take it anymore...

    Oh We're Not Gonna Take It
    no, We Ain't Gonna Take It
    oh We're Not Gonna Take It Anymore

    we've Got The Right To Choose it
    there Ain't No Way We'll Lose It
    this Is Our Life, This Is Our Song
    we'll Fight The Powers That Be Just
    don't Pick Our Destiny 'cause
    you Don't Know Us, You Don't Belong

    oh We're Not Gonna Take It
    no, We Ain't Gonna Take It
    oh We're Not Gonna Take It Anymore

    oh You're So Condescending
    your Gall Is Never Ending
    we Don't Want Nothin', Not A Thing From You
    your Life Is Trite And Jaded
    boring And Confiscated
    if That's Your Best, Your Best Won't Do

    oh.....................
    oh.....................
    we're Right/yeah
    we're Free/yeah
    we'll Fight/yeah
    you'll See/yeah

    we're Not Gonna Take It
    no, We Ain't Gonna Take It
    we're Not Gonna Take It Anymore

    we're Not Gonna Take It, No!
    no, We Ain't Gonna Take It
    we're Not Gonna Take It Anymore

    just You Try And Make Us
    we're Not Gonna Take It
    come On
    no, We Ain't Gonna Take It
    you're old, Worthless And Weak
    we're Not Gonna Take It Anymore

    --

    You can't take the sky from me...

    1. Re:Sweet, sweet irony by advocate_one · · Score: 1
      wrong song... :) this one:

      [...]
      If you want to follow me,
      you've got to play pinball.
      And put in your earplugs
      put on your eyeshades
      you know where to put the caulk

      Hey you getting drunk, so sorry!
      I've got you sussed.
      Hey you smoking Mother Nature!
      This is a bust!
      Hey hung up old Mr. Normal,
      Don't try to gain my trust!
      'Cause you ain't gonna follow me any of those ways
      Although you think you must

      Guests:
      We're not gonna take it
      We're not gonna take it
      We're not gonna take it
      We're not gonna take it

      We're not gonna take it
      Never did and never will
      We're not gonna take it
      Gonna break it, gonna shake it,
      let's forget it better still

      Tommy: Now you can't hear me,
      your ears are truly sealed.
      You can't speak either,
      your mouth is filled.
      You can't see nothing,
      and pinball completes the scene.
      Here comes Uncle Ernie to guide you to
      Your very own machine.

      Guests:
      We're not gonna take it
      We're not gonna take it
      We're not gonna take it
      We're not gonna take it

      We're not gonna take it
      Never did and never will
      Don't want no religion
      And as far as we can tell
      We ain't gonna take you
      Never did and never will
      We're not gonna take you
      We forsake you
      Gonna rape you
      Let's forget you better still.
      [...]

      however, I found this page searching for your lyrics as I've never heard them before... even more amusing given our current discussion context...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
  99. Voice Your Concern by Anonymous Coward · · Score: 1, Informative

    Tell Gordon Smith, (R) from Oregon what you think of him and his law:

    Washington, DC Office
    404 Russell Building
    Washington, DC 20510
    Phone: 202.224.3753
    Fax: 202.228.3997

    Portland, OR Office
    One World Trade Center
    121 SW Salmon Street, Suite 1250
    Portland, OR 97204
    Phone: 503.326.3386
    Fax: 503.326.2900

    Pendleton, OR Office
    Jager Building
    116 South Main Street, Suite 3
    Pendleton, OR 97801
    Phone: 541.278.1129
    Fax: 541.278.4109

    Medford, OR Office
    Security Plaza
    1175 East Main, Suite 2D
    Medford, OR 97504
    Phone: 541.608.9102
    Fax: 541.608.9104

    Eugene, OR Office
    Federal Building
    211 East 7th Avenue, Room 202
    Eugene, OR 97401
    Phone: 541.465.6750
    Fax: 541.465.6808

    Bend, OR Office
    Jamison Building
    131 NW Hawthorne Avenue, Suite 208
    Bend, OR 97701
    Phone: 541.318.1298
    Fax: 541.318.1396

  100. This is anti-competitive and worse than you think. by twitter · · Score: 2, Insightful
    Since it needs to be made into an analog signal, somewhere along the line it needs to be put to a speaker. From there, it can be tapped off the speaker or recorded with a microphone.

    Woot, then you have a crappy analog copy of commercial shit. Nicer than nothing, but that commercial shit is going to get worse and worse as the world's big publishers use this legislation to eliminate their competitors. Moreover, I don't even think you will be able to make that crappy copy for yourself long if the RIAA gets it's way. The analog plug will work to drive up your costs and prevent you from co-operating legally to get around the obstacles thrown in your way.

    Don't you think the RIAA would love to return to the days when only experts with expensive equipment could make recordings? That's what this is really about. The proposed legislation would ban recording devices that don't respect the broadcast flag. This essentially bans general purpose recording devices.

    If you think you can get around it with all the cheap, high quality sound cards you have today and free software, forget it. Sure, you will be able to do what you do as long as your equipment works but that's not forever. Consider DeCSS and what will happen to distribution of free recording software if it is similarly outlawed. Overnight, Windoze and Apple update "their" software to outlaws general recording and all you are left with is a few "experts" who are able to do it. It will be very difficult for you to to compete because your software and hardware will remain frozen in time, while the "official" studios will get the latest and greatest for their royalties and obedience. "Consumers" like you and me will be able to edit quarter vga movies with 8 bit mono sound on non free platforms with more bugs than South Florida.

    On the customer side, your stuff won't play. That's the other half of the lockdown. The vast majority of future audio equipment will refuse to listen to anything but "authorized" content. While there are easy ways around that, few people will bother because most just want their device to turn on and "work". Every playback device will be like a record store is today: All RIAA or nothing.

    The industry thought long and hard about this and their proposed legislation will give them what they want. That's to extend their early 20th century domination of popular culture forever.

    All of the above applies the same way for video as well. The only difference between the two is that video is already horribly locked down and may never be liberated. The primary difficulty in making a free movie editor is not that video is hard to do, it's that non-free containers dominate. There's a raft of secrets and patents between you and free movie editing that you can share with your family and friends. The same tricks and more can be applied to audio.

    --

    Friends don't help friends install M$ junk.

  101. tolerable for "consumers" by twitter · · Score: 1
    Anything that cuts off recording when it senses a DRM "violation" won't be accepted for very long if it's a recording device. Why? Here's WHY. You record your nephew's singing a song for his Grandfather who's dying so he can hear it.

    Poor quality due to DRM is why people hate WMP. That has not kept it from being the dominant media player and most computer media from being sub par.

    People will be thrown other sub par bones to cover situations like the above. Your crappy "Works for Sure" voice recorder will deliver your nephew's song to your gradfather in WMA format. The song itself will go away with the computer it was first transfered to but people will be conditioned to think that's just the way things are. They will long have forgotten that $5 worth of chips that fit in your pocket can record CD quality. As such devices are so rare today, they might never have known.

    --

    Friends don't help friends install M$ junk.

  102. Independance Day by No+Such+Agency · · Score: 1

    Speaking as a gay man, it's nice to know that my freedom to have a sexual relationship doesn't "really matter" and that I should be more worried about "the increasing power of Big Media" than about whether I spend the rest of my life alone.

    You're supposed to be "alone". Only it's called "independance", lots of us heteros are doing it. We feel very "independant" sitting in our single apartments eating take-out Thai food and watching HBO... again. Big Media is there to make the sexless aloneness entertaining. And why have actual sex when you can watch Eva Longoria on "Desperate Housewives", or in your case whatever the gay equivalent of that is. Gay or straight, sexual arousal should just be a commodity you buy from them, not something two people can give each other for free!

    --
    Freedom: "I won't!"
  103. Prepaid music subscriptions by tepples · · Score: 2, Interesting

    How much does it cost to fill up an iPod 60GB with music legally?

    It's a lot cheaper than $15,000 if you fill it up with music videos, as you allude to later.

    Especially when [all-you-can-eat music rental] will all stop working when they don't pay the monthly fee.

    Say you keep such a device for 3 years. Then at $5/mo just add $180 to the cost of the device, and you have the entire top 100 for the last n years at your fingertips, which could be a strong selling point to many buyers.

  104. Ogg will not necessarily save us by tepples · · Score: 2, Insightful

    And why We* invented .ogg.

    Nothing stops electronics companies working at the behest of major multinational record labels from wrapping Vorbis audio or even an entire Ogg stream in a digital restrictions management layer, except possibly the so-called analog hole.

  105. Controlling ADC by tepples · · Score: 2, Informative

    ADCs are used amost anywhere any sensor would get used to convert voltages to numbers.

    But it might be a violation to sell a bare ADC circuit with a bandwidth of 32 kHz or greater and an SNR of 60 dB or greater without a business license.

    1. Re: Controlling ADC by Thomas+Shaddack · · Score: 2, Informative
      But it might be a violation to sell a bare ADC circuit with a bandwidth of 32 kHz or greater and an SNR of 60 dB or greater without a business license.


      Two words: black market.


      Alternatively, sell measuring instruments that are very easy to convert to audio input devices. With high enough demand, digital oscilloscopes with USB interface will become dirt cheap.

    2. Re: Controlling ADC by davecb · · Score: 1
      Thomas Shaddack writes:With high enough demand, digital oscilloscopes with USB interface will become dirt cheap.

      They already are: Peter Hiscocks, a professor at Ryerson, recently presented his oscilloscope to the Toronto Linux User group.

      --dave

      --
      davecb@spamcop.net
  106. easy by twitter · · Score: 1
    How can RIAA/MPAA have any say in how electronic devices are made, and what they can support and can't?

    By using their library of works and by the stupid laws they purchase.

    You have already seen the first in action. Would you buy a device that does not work with "industry standard" formats? A music player that only does ogg? A DVD that does not know DeCSS? Media companies, and there are only a handfull, decide what formats they will publish to and device makers must comply.

    The second, you have also seen and it's getting worse. The DMCA has been used to keep you from viewing DVDs legally on a free system. You have to jump through various hoops that most people won't bother with. The proposed legislation will do the same for all media devices sold in the US. It will eliminate competition in the industry and maintain the current big publishers.

    --

    Friends don't help friends install M$ junk.

  107. RIAA/MPAA use multiple business models by Anonymous Coward · · Score: 0
    I think in the long run they'll be too fat and unwieldy to adapt, so they'll wither, if not die.

    They probably will wither, as they have been riding on top of a bubble that's quickly deflating. But they won't die. Their business is composed of various business models and some of them are still perfectly valid.

    One example is that they are still the only organisations with the existing connections to promote the content, and to conduct studies on what is liked/disliked. Those are things that a lot of artists want and pay for.

    So even if the RIAA/MPAA will loose the ability to control distribution, they won't nessesarily perish, and might even become more customer and artist friendly.

  108. MP3 Quality by wwphx · · Score: 2

    You must have a good ear and good speakers if MP3 is barely tolerable to you. I have 6gig of music on my laptop, I use it in the school's darkroom & studio and in my car when driving long distances. In both cases, it's not possible for me to have better speakers (i,e. audiophile-grade), though we will be upgrading the car stereo so that we'll have a receiver with cabled MP3 input instead of FM transmitter. I'm not going to put $1000 worth of speakers in a Toyota Matrix, it ain't worth it.

    I have a very nice audio system: B&W speakers, Marantz receiver. It sounds wonderful (though it's not hooked up right now since I moved last year). For me, running my Creative Nomad into it, the audio is just fine for lowish volume level party background music. If I'm working in the living room wirelessly with my laptop, I'll frequently kick on iTunes. It doesn't sound fantastic because of the laptop's speakers, but it is adequate.

    Admittedly I'm now 44 and have a hearing loss in one ear. Still, MP3 is definitely good enough for me.

    --
    When you sympathize with stupidity, you start thinking like an idiot.
  109. Original? Hardly. by tepples · · Score: 1

    Some of provisions cited in TFA sound like they could affect people's ability to play and record their own original compositions

    There are no original musical compositions anymore. If you happen to make and publish a song that turns out to be similar to something you had heard on the radio ten years ago, you are liable for copyright infringement. Bright Tunes Music v. Harrisongs Music, 420 F. Supp. 177 (SDNY 1976). Safest course is to only cover pre-1923 music.

    1. Re:Original? Hardly. by Anonymous+Brave+Guy · · Score: 1

      It's a wonder the record labels aren't all suing each other constantly for infringement. And yet, they're not. That can only be explained by the presence of commercial dealings clearly allowing the protection of an effective monopoly and preventing other parties from entering the competitive market. I'm pretty sure there are laws against that kind of thing.

      Oh, OK. I see your point. :-)

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    2. Re:Original? Hardly. by ceoyoyo · · Score: 1

      All modern music is just a rehash of pre-1923 music anyway. Anybody familiar with classical music can tell you how even the worst pop from today will generally have bits of some classical melody in it.

    3. Re:Original? Hardly. by jZnat · · Score: 1

      You think that major chord progressions (like I-IV-V-I) are classical melodies? Most pop music is severely lacking in musical technique. Classical music was (and is) real music; far more creative and complex than whatever you'll get from the **AA. Jazz is like that, but in its own completely new way (i.e. improv, interpretation, style).

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    4. Re:Original? Hardly. by ceoyoyo · · Score: 1

      If we're going to say that all music is derivative then we might as well give credit where credit is due, no?

      Actually I was thinking about something a little more substantial than a four chord progression, and longer passages ARE present in a lot of modern music (though not so much in the latest commodity pop). However, if we can copyright things like "XP" then why shouldn't we call anything containing a pattern of four chords (or four notes for that matter) a derivative?

      Agreed that classical music is much more complex than pop. It also engages the brain more. Makes you smarter.

  110. Search? How? by tepples · · Score: 1

    You should try the "search" feature

    Slashdot search indexes only the subject of comments and not their content. Worse, Slashdot hides most of its comments behind /robots.txt so that one cannot use competing search such as AllTheWeb or Google. What search feature were you talking about?

  111. Music without copywrite needs to take a front seat by markwusinich · · Score: 1

    The concept of free music having a say in all this
    can be minimized now, because there are no big names
    doing the free thing. We need to quickly either
    turn a big star, or promote from within to show
    that success can happen without copywrite, otherwise
    we wont ge a say in the debate.

    my two cents.

  112. Problem is that EFF has no PAC by tepples · · Score: 1

    If everyone in this thread were to donate $10 to a special PAC, we could probably get the "Nerd Employment Preservation Act of 2006" passed easily.

    Many activist organizations are split into a tax-exempt charity (to educate the public) and a political action committee (to lobby elected officials). Examples include ACLU, NORML, and NRA. Problem is that unlike these organizations, the EFF is a charity without an affiliated PAC.

  113. And Where's the Historic Reference for... by Nom+du+Keyboard · · Score: 1
    And where's the Historic Reference for the Broadcast Flag itself? Seems to me in the past you were able to do pretty much anything except rebroadcast it over the airwaves or sell it as a record that you were capable of doing. That fact that you weren't capable of much was the only limitation.

    I'd say historically broadcasts never had Broadcast Flags limiting my rights and we should go back to that again ASAP.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  114. Unlike copyrights, patents expire by tepples · · Score: 1

    There's a raft of secrets and patents between you and free movie editing that you can share with your family and friends.

    Give it 20 years, or use Theora.

    1. Re:Unlike copyrights, patents expire by twitter · · Score: 1
      There's a raft of secrets and patents between you and free movie editing that you can share with your family and friends.

      Give it 20 years, or use Theora.

      Who wants to wait 20 years to share pictures of their baby?

      I'll use Theora but judging from other formats, it will be a long time before I can share with friends and family that way. Microsoft, in it's infinite hatred of all things free, has yet to properly support transparency for png in their browser. Any music player that "works for sure" is sure to not play ogg. It will be forever before makers of DVD and other set top boxes support Theora or any other free format. The quickest way to share with my family is to move them to free software.

      --

      Friends don't help friends install M$ junk.

  115. Re:RIAA by dmatos · · Score: 1

    But, in true evil monopolistic style, you can only build a hotel on a lot that already has four houses on it, and you have to tear down the houses first :(

    --

    It may look like I'm doing nothing, but I'm actively waiting for my problems to go away.
    --Scott Adams
  116. State, corporate, what is difference? by tepples · · Score: 1

    Also, Orwell was referring to state control, not corporate control.

    If the corporations 0wn the state, what's the difference? Even Mussolini called fascism corporatism.

    1. Re:State, corporate, what is difference? by Infonaut · · Score: 1

      If the corporations 0wn the state, what's the difference? Even Mussolini called fascism corporatism.

      There are significant distinctions. For one thing, under fascism in both Germany and Italy the corporate leaders were often at odds with their political masters. Corporatism was the ideal of fascism, but in practice the corporations were used by the fascists to gain power, then used as tools by Hitler and Mussolini. The corporations grew fat under fascist rule, but chafed under fascist control. As for the Mussolini quote about corporatism, the term itself does not mean "control by corporations" which the article you linked to makes clear.

      State control under an autocratic socialist regime like the USSR corrals all mechanisms of control under the Party, which both governs and directly controls all production and expendatures. While there are competing power interests within the Party, there is nothing outside the Party influencing events.

      Obviously neither method of control is a worthwhile political structure, but conflating autocratic socialism with fascism, then forwarding the notion that the entertainment industry is reaching for political control of America is laying it a bit too thick. Calling the MPAA/RIAA "Big Brother" riles up the troops, but it doesn't help anyone understand the real situation any better.

      --
      Read the EFF's Fair Use FAQ
  117. You forgot customs by tepples · · Score: 1

    As soon as this stuff is available outside the US, it will be available in the US.

    "As soon as this cocaine is available outside the US, it will be available in the US." If the RIAA gets its way, watch audio and video equipment be tracked like a controlled substance.

    1. Re:You forgot customs by Don_dumb · · Score: 1

      I did think of that, but lets face it, controlled substances haven't been stopped from entering any country.
      I am waiting for the day someone gets jailed for dealing non-standard media players. I guess they could work out of a hack house.

      --
      If this were really happening, what would you think?
  118. Not all bands are live by tepples · · Score: 2, Insightful

    My typical reply to "how?" is to move to live performances and tours

    How would this work for people who produce music in the genres that are commonly called "electronic music"?

    2. You can record your live art performance real time, dump it to DVD and sell it to the fans that were at the performance.

    This is patented.

    3. You can get a job with a larger company and be a salaried artist.

    This is the record label business model.

    4. You can contract out with local pubs to be a regular live performance artist.

    And watch the bouncer tell most of your fans "Go away, you're not 21."

  119. Blacks and asians are being searched a lot. by Anonymous Coward · · Score: 0

    www.guardian.co.uk/race/story/0,11374,1673835,00.h tml

    The law they're using is the anti-terrorism one. It's similar to the US Patriot act in that you can use terrorism to completely strip people of their rights.

    Naturally, by imposing these laws, we are slipping closer to being a totalitarian state. George W. Bush said the terrorists are attacking us because they are jealous of our freedoms. Well, I guess this means that if we lose our freedom, the terrorists have won.

    Actually, I take it back about them not killing you. There was the one chap who they shot on the tube (subway). The slimy bastards didn't even apologize.

    1. Re:Blacks and asians are being searched a lot. by Weedlekin · · Score: 1

      "George W. Bush said the terrorists are attacking us because they are jealous of our freedoms. Well, I guess this means that if we lose our freedom, the terrorists have won."

      You're not being a good patriot. We will have won, because the terrorists will have stopped attacking us. The fact that this is really because the part of the world that lives in Middle-East spanning Sharia-governed Caliphate of Ladenistan is now both freer and richer than us is irrelevant: the they are no longer attacking, and that proves we have won!

      To paraphrase a Blairite election slogan: "Tough on terrorism, tough on the causes of terrorism".

      --
      I'm not going to change your sheets again, Mr. Hastings.
  120. RIAA tried to shut down the web altogether once by Anonymous Coward · · Score: 1, Informative

    I remember back in 1993, most "pirate" music was destributed via ftp. The web was considered a lawless place, and the RIAA actually publicly stated that they wanted the web to be shut down. That's right, the World Wide Web would not exist if the RIAA had its way in the early 1990's.

    I laughed when they attacked P2P. Finally companies are taking advantage of it and it is becoming "legal".

    1. Re:RIAA tried to shut down the web altogether once by texaport · · Score: 1
      Maybe they'll someday succeed in having the courts rewrite the MP3 standard to use just zeroes, instead of 0s and 1s.

    2. Re:RIAA tried to shut down the web altogether once by atomic-penguin · · Score: 1

      <i>Maybe they'll someday succeed in having the courts rewrite the MP3 standard to use just zeroes, instead of 0s and 1s.</i><br><br>
      You know MP3 is not a "standard" per se.  <a href="http://www.iis.fraunhofer.de/amm/licensing/i ndex.html">MP3 is a patented technology</a> in Germany.  If you made a change to their specification, you would probably have to license their technology...  Assuming you wanted to call your change an MP3, and use those copies of /dev/null in a country that recognizes the patent.

      Here is your optimal MPEG Layer III compliant (almost zero length file):
      -----cut begin----
      &#255;&#251;&#176;d
      ------cut end-----
      (&#255;&#251;&#176;d)

      Because really if we are going to have all zeroes, you might as well make it an optimal size through compression.

      --
      /^([Ss]ame [Bb]at (time, |channel.)){2}$/
  121. Porn by IDarkISwordI · · Score: 1

    YES! Porn is still legal.

  122. In USSA, FBI arrests YOU! by tepples · · Score: 1

    I am waiting for the day someone gets jailed for dealing non-standard media players.

    United States v. Sklyarov ring a bell? What about the modchip cases in the UK?

    1. Re:In USSA, FBI arrests YOU! by Don_dumb · · Score: 1

      Damn, whenever you think of something you think is too silly to ever actually happen, someone comes up with an example of when it did. Life is still the best comedy.

      --
      If this were really happening, what would you think?
    2. Re:In USSA, FBI arrests YOU! by Martix · · Score: 1

      As far as im concerned it was states santioned kidnapping ... He worked on it in a different country.... then came to the US were they arrested him....some one there that made that call should be boiled in oil... the DMCA is a states only law not a iternational law but there are some eu and now we have some but heads in Canada that would like to see DMCA laws up here....there is a scandle so to speak with a Libral...Sarmite Sam Bulte...basicly been spoon fed crap from the CIRA ect....

  123. Keep in mind by Anonymous Coward · · Score: 0

    "By the way, calling people 'sheep' exposes you as an asshole."

    Perhaps. But that doesn't mean he's wrong. It just means that the truth makes people squirm a bit. But they'll get over it. As long as it's on their iPod and on their new shiny flatscreen TV.

  124. Re:A game of chicken by symbolic · · Score: 1

    It seems to me that *AA is taking more liberties with its current position in the market. There is a very dangerous assumpion, here however, which is that people will continue to view their offerings in the same light that they do now. Instead of every hardware manufacturer asking "How high?" every times *AA says "Jump!" they could easily do an about-face and say, "This is our hardware, if you'd like to make your content available in a compatible format, feel free. If not, that's fine too. Thanks for playing, have a nice day." There would be a small period of "market adjustment", but overall, I think things might sort themselves out pretty quick.

  125. Two words to the RIAA/MPAA by JustNiz · · Score: 1

    bite me

  126. Bait and Swtich by Anonymous Coward · · Score: 0

    One thing that strikes me about this is that it is too onerous. They are known for putting something extreme like this on the table and then switching to something just a bit less invasive that everyone then seizes upon as a so called compromise when in fact it was their original goal. I think we as voters need to fight this legislation to a complete end and watch for this tactic.

  127. The RIAA assumes a lot here... by Prototerm · · Score: 1

    ...Like that I want to listen to any of their new music in the first place. or that I'm interested in listening to digital radio (I'm happy that Howard the Duck no longer pollutes FM radio). As long as they produce nothing I want to listen to, their restrictions are meaningless. The only thing they're doing is shooting themselves in the bottom line.

    Personally, I believe they're candidates for some future Darwin Award!

    --
    "My country, right or wrong; if right, to be kept right; and if wrong, to be set right." --Senator Carl Schurz (1872)
  128. Never interrupt yr enemy when hes making a mistake by Anonymous Coward · · Score: 0

    I am thankful that I am not an american and I hope that their general poulation never get wind of this. Not that their population is active enough to either see or react to these measures. If the americans want to make their poor quality media products unavailable to the world, who are we to stop them. OTOH maybe one day the the other 93 percent of the world's population might be exposed to media which doesn't perpetuate the myth of american racial superiority. "They must love Hollywood, otherwise they wouldn't go to see their product" the americans say (to themselves, naturally). By the same token 100 percent of the populations subject to totalitarian governments approve of totalitarianism. Only the French (go on, spit) protect their own film culture by law. Many of us want to follow. The americans have decided to be allies in this endeavour. This, I applaud.

  129. Correct answer to RIAA: by Anonymous Coward · · Score: 0

    No, you may not, now piss off.

  130. In related news ... by Anonymous Coward · · Score: 2, Funny
    The cat's out of the bag, the worms are out of the can.
    Also:
    • Elvis has left the building.
    • They are attempting to close the barn door after the horse has escaped.
    • Clinton is out of Monica.
    • The Dodgers are out of Brooklyn.
    • Bush is out of his mind.
    • At sixteen, Bart is out of the house.
    • We're out of options.
    • The store's out of X-boxes.
    • You should get out more.

    No, it's not very funny.
    In fact, it's pretty stupid, but I'm posting it anyway.
  131. Clearly, by mjh49746 · · Score: 1

    Clearly we need to stand against this crap. Of course who needs me to say it? Looks pretty self-evident to me.

  132. The Real looser is the Artist. by catahoula10 · · Score: 1

    The less exposure people have to a song, the less that song will sell. Radio and TV is not the best advertising for songs. Kids are.

    A simple example for the **AA.
    Fifteen year old Sally Sue hears a new song. She likes it and records the song. Sally loves this song so she pesters mom to buy her the song and all the other songs on the recording. She brings it to school. Other kids hear it. They like the song too. Why?, because they like Sally and they are influenced by Sally because she is Sally (she happens to be really cool). So they also pester mom to go purchase the song for them so they can be like Sally. Sally created sales for the song.

    Years latter Sally gets sued because because her kid downloaded a song from the internet. Sally is pissed. Sally refuses to buy any more music for her kids.

    Kids are now forced to get music however they can. Record sales go down.
    Boo-Hoo for the **AA.
    And to all a good fight..err...night

    --
    This has been another valuable and informative opinion from:
    Catahoula!
  133. RIAA-owned countries? by trawg · · Score: 2, Interesting
    This new policy would effectively keep anyone from inventing any new type of media device without the RIAA/MPAA's say-so."
    Umm, how many countries are there that are out there aren't owned by the RIAA yet? I can't imagine China (or stacks of those other Asian nations that have been cranking out mp3 players for years before the ipod became cool) suddenly stopping. In fact, surely the opposite will happen - they'll produce more of them.

    The big issue for people living in RIAA-ruled countries (ie, where the RIAA have spent enough money to buy the politicians that are helping shape the laws) will surely be import laws on items like this (ie, no importing of items that don't enforce some sort of DRM). Then we're really fucked.
  134. We Need To Start Playing The Same Game by nick_davison · · Score: 1

    I wonder how much we would have to pay to bribe - uh, "lobby" - a senator to slip "The content industry may only produce new legislation and digital rights management that secures their customary historic rights." in to some defense spending bill.

    After all, the basic system appears to be that you pay to have your law hidden in a spending bill. The EFF searches these things because the RIAA/MPAA keeps trying to pull that shady crap but you've got to wonder if the RIAA/MPAA searches them on the off chance the EFF pulls something similar.

    It would be entertaining to see them beaten at their own game and no longer allowed to introduce dubious laws due to, well, someone using their own dubious tactics.

  135. "Customary Historical Use" == "DoubleThink" by ClickOnThis · · Score: 2, Insightful

    Several others in this thread have suggested that the parent should be modded "Funny." No way -- maybe it's a little exaggerated, but it's not entirely far-fetched.

    Listen folks: DMCA, DRM, DVD region-encoding, malware-laden music CDs, ... none of this is about protecting copyright. It's about controlling access and it always has been. One way or another, people will be able to copy digital content, and the RIAA/MPAA know it. They just want to make sure they remain the controllers of what you can do with it.

    The parent post's comparison to 1984 is entirely appropriate. The RIAA/MPAA wants to buy legislation to place itself in the role of Big Brother. Replacing "Fair Use" with "Customary Historical Use" is part of the plan: in order to change the way the consumer thinks about her rights, you have to change the way she talks about them. Big Brother has increased our rights from "Fair Use" to "Customary Historical Use". Praise Big Brother. Freedom is Slavery. Ignorance is Knowledge. War is Peace.

    --
    If it weren't for deadlines, nothing would be late.
    1. Re:"Customary Historical Use" == "DoubleThink" by Weedlekin · · Score: 1

      "It's about controlling access and it always has been."

      It is actually (as some have already said) about maximising profit. Controlling access is merely a means to that end, and they are trying to do it because it has been a successful strategy in the past. Note though that they've happily settled for other systems such as levies on blank media in situations where access control was not feasible, so I'm pretty sure they'd be amenable to letting people copy as much as they wanted to in exchange for (for example) 10% of the monthly fee US and European customers pay their ISVs for Internet connections. In fact, there's an excellent chance that they'd jump at such an opportunity, because it would be a guaranteed source of income without the expense and other headaches of DRM schemes (which always end up being cracked anyway) or the negative publicity of court cases.

      NB: I am not defending the **AAs of this world, or claiming that levying a tax on Internet users to support them is desirable.

      --
      I'm not going to change your sheets again, Mr. Hastings.
  136. you just about got it... by alizard · · Score: 1
    We're going to have put up with this crap, or band together to buy our own politicians. If the majority of slashdot users kicked in $20, that would be enough money to start a PAC with a DC lobbying operations capable of handing out checks to politicians we like, and to the opponents of politicians we don't like.

    We can't depend on Silicon Valley to do this for us, the computer industry lobbyists aren't going to do anything about Hollywood until after their companies are drastically inconvenienced. Google? They just hired their first lobbying firm, and their fight is going to be with telecom and the publishing industry.

    For those of us who want to practice technological arts without Hollywood interference, we're quickly running out of time, the options are to band together or to look for other countries not 0wn3d by Hollywood cartel special-interest money.

  137. Re:Bring it on! ..Disks are spinning by Martix · · Score: 1

    I can see that happaning with the Indie artists. The CIRA up here is saying there losing sales.
    Indie artists are up.

    Im starting doing a lot of recording at home in a room.... preped for recording music.
    there is a lot of good equipment out there and the stuff ive recorded for others and then played back for other people are amazed at the over all sound ive got... but i want better recording equipment and more mics....(looking at about 3 k worth) its time for the Indie artists to kick some butt.
    I priced a cd pressing i can get it done for 1.25 Canadian jewel case 4 colour artwork ect.
    based on 1000
    Makes me wonder why i should pay 20 dollars or more.......theres lots of good talent.
    now the Net, word of mouth and passing around files that you want everyone to here.

    All i ask is respect the artists pay the price when there useing the Net to advertize.
    and pay that 10 dollars after the show. You will keep the indie artists makeing the music you will love.

    Just my 2 cents.

  138. Re:It's a modem, not a miracle worker by Thomas+Shaddack · · Score: 1
    "As soon as this cocaine is available outside the US, it will be available in the US."

    Unlike drugs, chips do not have any distinctive smell; usage of an unlicenced ADC also does not show in a piss test, hampering the enforcement efforts. You can take a shipment of "uncontrolled" chips, swap part or all of it for "controlled chips" with proper relabeling of their casings, and send it off. Somebody would have to rat on you, or you'd have to be exceptionally unlucky, to get caught.

    Alternatively, you can make a batch of Tamagotchis controlled by a DSP with 16-bit inputs, and then strip the $1 per device of the casing and displays when it gets through the customs, reflash the chip, and voila.

    Legal and illegal electronics is not distinctive enough; for a naked eye, a chip is a chip is a chip. In the age of hybrid analog-digital technology, you can even pass one chip as a working device of another kind.

    Not even mentioning the possibility of shipping bare dies, and packaging them only after they enter the country, or even making the whole device as a thick-layer hybrid integrated circuit. A swallowed capsule can hold an immense number of thin 4x4 mm silicon dies, and the mule risks MUCH less than with cocaine, because silicon is not poisonous. You do not even have to swallow it; methods how to hide non-smelling small things without a distinctive x-ray signature within other things are copious. In one research institute here, such hybrid circuits were being assembled by hand, including wire bonding, with old cold-war grade equipment.

    Even without the bare dies, the TQFP chip cases are pretty small already.

  139. We need to stand up and Fight! by David+Webb · · Score: 2, Interesting

    The RIAA and MPAA have declared WAR on all consumers! War!We did not ASK for this war. So now that we know we are at war what do we do? We retaliate and fight back. Media is produced for the consumer. How do you ask someone to buy your products when you behave in a heinous manner such as this? Let the examples of SONY BMG and BLIZZARD software not be forgotten.Nor the lawsuits brought about by greed and fear. This is yet another clear example of tyranny. Write to your senators,congressman and any other politician you think will listen. Boycott thier products and sign petitions against these villianous houligans.Support the EFF. We must band together and do everything we can to win this WAR!

  140. Copyright is not a monopoly. Really. by Garwulf · · Score: 1

    I am getting very tired of this. As much as I'd like to strangle the RIAA for what is amounting to racketeering, I wish somebody would put this misconception to rest in giant letters written on the moon:

    Copyright is NOT a monopoly.

    Let's make this clear - you cannot copyright an idea, only the implementation of that idea. You cannot use copyright to prevent others from taking the idea and implementing it in their own way. But, you can use it to protect yourself from somebody stealing your IMPLEMENTATION of that idea.

    If it was a monopoly, you would be able to say that nobody can use your idea period, and prevent people from doing it. That's what the patent office covers. Please note, there IS a difference.

    Seriously, get the concept right. Protecting your intellectual property does not make you a monopolist. What the RIAA is doing, on the other hand, is an abuse of that intellectual property, and is stretching copyright far beyond the spirit or letter of the law. To use the RIAA's actions to say that copyright is a monopoly, however, is like using Microsoft to say that trying to sell software in any way is monopolistic.

    --
    Robert B. Marks
    Author, Demonsbane in Diablo Archive
  141. Re: This is anti-competitive and worse than you th by Thomas+Shaddack · · Score: 1
    There's a raft of secrets and patents between you and free movie editing that you can share with your family and friends.

    There's also mencoder.

  142. Re: Darn. by Thomas+Shaddack · · Score: 1

    elinks remembers the forms, which is good for passwords, but not for reply titles. Growl. Sorry for confusion.

  143. And our forefathers' by Anonymous Coward · · Score: 1, Funny

    Indeed. My grandfather set up 8MM video equipment to film Toscanini on TV, and shared it with all of his friends. My dad did the same thing to film the Beatles when they were on the Ed Sullivan show, and shared his copies freely. I myself have been copying and sharing content my whole life, from 8 Tracks through LPs and cassette tapes to videocassette tapes and then on to DVDs and CDs.

    It seems like copying and sharing content IS ITSELF a "customary historic use." Heck, copying forms part of content - there really is no distinction at all between the two terms ("copying" versus "content"), for most of us. Only for the RIAA/MPAA and their paid for puppets.

  144. it's already happened by alizard · · Score: 1
    Compare broadband outside the US/Canada ... cheaper, and a lot more bandwidth in quite a few places.

    Compare cell phones... a cell phone purchased outside the US can be considered a world cell phone, it works everywhere but here. A cell phone purchased inside the US... US/Canada only.

    Then, there are the hot new consumer tech devices made in Japan and shipped to the US market when they get around to it, maybe in dumbed down form. Perhaps people would be pissed about not being good enough by virtue of being Americans to possess cutting-edge consumer tech if they knew about this, but this is a story the mass media isn't interested in telling.

    We aren't too far from the day when with respect to technology for people, the US is going to be considered a primitive backwater.

    This bill combined with the piece of shit bill Conyers is carrying in the House (see the EFF discussion) is a great big step in that direction

  145. John Phillip Sousa by Anonymous Coward · · Score: 0

    Back around the turn of the last Century, John Phillip Sousa suggested similar legislation regulating the invention and sale of devices like player pianos. Congress didn't put the power to control technology in the hands of copyright holders then, and if we make enough noise, they won't now. For a congresscritter, it comes down to a choice between a *AA kickback and a *lot* of pissed-off voters. Maybe the public won't get up in arms about the Patriot Act, but I bet they would about their music collection.

  146. Re:Copyright is not a monopoly. Really. by Eivind+Eklund · · Score: 1
    It isn't a monopoly on IDEAS. It's a monopoly on a set of expressions of ideas.

    There is definately a difference, yet both patents and copyrights are still state-granted monopolies. There is a bit of competition in the form of a lot of *other* monopolies (other music, other movies) and alternative entertainment (I prefer books, myself :) - yet it's still a monopoly.

    Eivind.

    --
    Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
  147. so what if its about $ by Anonymous Coward · · Score: 0

    if you like it, and you buy it, who gives a sheet if its about the $ or not?

  148. BZZT, wrong by Benanov · · Score: 1

    The iRiver 800 series plays ogg and "plays for sure." It sure plays ogg. :)

  149. Compare copyright and patent terms by tepples · · Score: 1

    If you make a car than you make money for each car.

    And after twenty years your competitors can make your cars too. Patents expire, unlike copyrights.

  150. And, as Tales from the Afternow would have it . . by Vampyre_Macavity · · Score: 1
  151. Re:Copyright is not a monopoly. Really. by Anonymous Coward · · Score: 0

    That's a brazen falsehood.

    I am legally prohibited from publishing something under somebody else's copyright.

    That is because they have a monopoly on distributing it.

    Copyright is a monopoly.

  152. TEPPLES 9K COUNTDOWN by Anonymous Coward · · Score: 0
    Tepples only has 70 more posts to hit the big 9k total comments. Cheer him on!

    Previous countdowns:
  153. Hear Hear! by ratboy666 · · Score: 1

    I built a "mythtv" box with a SD tuner to capture cable broadcasts. Works fine, but, of course, only SD.

    I have a "HD Ready" 42" TV, with DVD. Plays DVDs great, but *I* can't get an upscaling DVD player (component in only). I won't be able to use "HDTV" boxes, and next generation HD DVDs either.

    All because the anal retentives won't let me. They are afraid that I might "rip off" the signal. I am NOT buying another TV (for the next 5 to 10 years). Also, archiving or recoding 36Mbit streams does not appeal to me, anyway. Too time-consuming, and life is too short.

    Why not let me use the equipment I have purchased? Must be fear -- fear that little old me is going to do some KICK-ASS ripping. Maybe I SHOULD do the ripping, after all I am already "doing the time".

    Ratboy

    --
    Just another "Cubible(sic) Joe" 2 17 3061
  154. Re: MPAA, end of road; shift blame by dsmall · · Score: 1

    Perhaps the reason MPAA are waging such a furious "piracy costs us money" campaign is to cover up the fact that they can't make money because their movies _suck_.

    I hate to tell this to Hollywood, but you're not going to get a dollar out of me by remaking bad 1970's series (the next one is "Miami Vica", yargh!). It's just too bad that scripts are written by committees and have to kowtow to various pressure groups.

    Pretty easy to prove: Mel Gibson and Peter Jackson have done _just fine_ when they have bypassed the Hollywood System.

    Don't even get me started on "Waif Rock", where a girl moans about how hard life is at a million bucks an album.

      -- D

  155. So what is the right term by tepples · · Score: 1

    So if neither "fascism" nor "corporatism" is accurate, then what is the correct term for the situation in which all culture is dictated by private corporations using government-granted monopolies on the means of mass communication? And is such a situation, whatever it is called, desirable for the American public?

    1. Re:So what is the right term by Burz · · Score: 1

      The correct term is 'INCIPIENT fascism'.