RIAA & MPAA Seek Authority To Pretext

msblack writes "The RIAA and MPAA are lobbying California legislators for an exemption to proposed legislation that would outlaw pretexting. Pretexting is the practice of pretending to be someone else in order to obtain personal information on a person, such as telephone or banking records. According to an article in the LA Times, the RIAA and MPAA sometimes need to lie in their pursuit of bootleggers. They would like the legislation to exempt anyone who owns a copyright, patent, trademark, or trade secret from restrictions against pretexting. An interesting line from the article is, '[RIAA's Brad] Buckles said the recording industry had never, nor would it ever, assume someone's identity to access that person's phone or bank records.' Fortunately, Senator Corbert, the bill's author, is unlikely to accept these hostile changes."

Comments

Anyone who owns a copyright?

[jakosc]

So I since I own the copyright to this post, I should be free of restrictions against pretexting?

"They would like the legislation to exempt anyone who owns a copyright, patent, trademark, or trade secret from restrictions against pretexting."

From www.copyright.gov Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Pretexting?

[OpenGLFan]

Pretexting? What's that?
Pretexting is the practice of pretending to be someone else in order to obtain personal information on a person, such as telephone or banking records.
Ohh. You mean wire fraud .

Nope. We'll keep that illegal, thanks.

So now...

[Anonymous Coward]

So now the RIAA and the MPAA want to actually pose as me and download music and movies, so that they can sue me?

Oh that's good logic.

[Tokerat]

When it comes to capturing murderers, rapists, druglords, and pedophiles, the government has decided that this method has too much potential for misuse, even in cases of good intent. ...but the RIAA feels it's ok to use it for something as minor as copyright infringement? A prefect example of what is wrong with this world. Rampant fucking greed.

Re:Anyone who owns a copyright?

[tomhudson]

FTFA"

The trade group asked that any owner of a copyright, patent, trademark or trade secret be able to use "pretexting or other investigative techniques to obtain personal information about a customer or employee" when seeking to enforce intellectual property rights.

So they DO want everyone who's a copyright owner (which includes anyone who's ever written anything original) to be exempt. If this passes, you can pretext them on the "pretext" that you're looking for any evidence of them infringing, say, your copyright on your slashdot posts.

Also:

Basically, we want criminals to feel comfortable that who they're dealing with is probably some other criminal and let us in on what's going on," said Brad Buckles, the RIAA's executive vice president for anti-piracy.

Can't argue with the RIAA calling themselves a bunch of criminals ... its truth in advertising.

Criminally insane. . .

[Fantastic Lad]

I just watched, "The Corporation" again.

The RIAA and MPAA are obviously psychotic. (The basic premise of the film is that corporations, which are considered 'people' under the law, are psychotic in nature. Real people have moral boundaries and consciences. Corporations, by comparison, don't have these handy little programs running in the background.)

My question is that if corporations are considered people under law, then shouldn't they also be subject to the same kinds of provisions set aside for the criminally insane?

--That is, shouldn't they have their citizen's rights limited so that they cannot do harm?

-FL

Re:Let us call it what it IS

[Artifakt]

Exactly!

To all you peple who have been argueing that copyright violation is theft, and saying all those 'clever' things about how the people who oppose the RIAA really merely want to steal copies, etc. - By your own logic, the RIAA is now obviously and openly a criminal organization, that wants to commit FRAUD with impunity, and so ALL of you who support it are also Liars, Cheats, Con-artists, Carney Shills, and most of all, FELONS. No-good, Criminal, Scum! You cons all deserve the chair, if we can figure out how to get your high horses in there under you.
Let's call it waht it IS! Let's call ALL the criminals what they ARE!

The real source of this.

[tji]

I don't like attributing these things to the lobbying organizations, MPAA and RIAA. That helps them hide the real source of this behavior. The companies who think they are above the law, and fund those organizations to use tactics like this. Why no give full credit where it is due:

RIAA is primarily: EMI, Sony/BMG, Universal, and Warner

MPAA is primarily: Disney, Sony, Paramount/Viacom, Fox, Universal, and Warner

So, we're not talking about some evil rogue organization that wants to legalize their fraudulent activities.. We're talking about large, well known companies, which would think twice about their means if they started to get bad press.

** I'm not supporting piracy here. They have the right to protect their property, and should crack down on those pirating it. But, they should do it within the law, and without subverting our political system to buy congressmen and legislation to change the rules.

Re:Burden of Proof

[Dun Malg]

Pretexting is the practice of pretending to be someone else in order to obtain personal information on a person

Is it appropriate for government to have a Department of Sock-Puppetism? This rings a lot of alarm bells and there's probably something about this in the constitution already. No, you don't seem to understand what the US constitution is. The constitution is an enumeration of the limited powers of the federal government, and nothing else. Pretexting is essentially a form of fraud, which is generally covered by state laws.

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