Slashdot Mirror


Justice Department Promises Stronger Copyright Punishments

An anonymous reader writes "Attorney General Alberto Gonzales has stated that the Justice department will be getting even harder on copyright infringement, targeting repeat offenders. The new 'Intellectual Property Protection Act of 2007' is headed for Congress promising to 'hit criminals in their wallets' hoping to ensure that any 'ill-gotten gains' are forfeited.

322 comments

  1. Nobody panic by eln · · Score: 5, Funny

    Alberto Gonzalez will forget he ever said this in a month.

    1. Re:Nobody panic by KlomDark · · Score: 3, Interesting

      That guy still hasn't resigned? Hasn't he already done enough damage?

    2. Re:Nobody panic by Anonymous Coward · · Score: 0

      Remember, he's another Bush toy.

    3. Re:Nobody panic by KlomDark · · Score: 1, Funny

      Isn't a Bush toy like a vibrating dildo?

    4. Re:Nobody panic by metlin · · Score: 1

      Wasn't that guy supposed to have been kicked out a long, long time ago? What's he doing, still in office?

    5. Re:Nobody panic by Anonymous Coward · · Score: 2, Funny

      That guy still hasn't resigned? Hasn't he already done enough damage?


      Why? I've heard that he's doing a "heck of a job"...

    6. Re:Nobody panic by daeg · · Score: 1

      He'd tell you, but he doesn't recall.

    7. Re:Nobody panic by aichpvee · · Score: 1

      Well it does seem that things that go in vaginas do make good pejoratives. So I think I'll call him cucumber. Unless he's being a real coke bottle instead.

      --
      The Farewell Tour II
    8. Re:Nobody panic by Gnaget · · Score: 1

      YAY!!! He just resigned!!! (saw it on Reuters)

    9. Re:Nobody panic by Gnaget · · Score: 1

      Nothing to see here, move along... I apparently was so hopeful my eyes left out the deputy part of the headline

    10. Re:Nobody panic by thegrassyknowl · · Score: 1

      Don't Panic: Mostly Harmless?

      Well at least I know that when I'm lying in my bed with home invaders, rapists, drug addicts and murderers all trying to get me I'll be safe from those evil file sharers and the movie companies will still be making a profit pedling shit that nobody wants. That keeps me sleeping well at night.

      --
      I drink to make other people interesting!
    11. Re:Nobody panic by Anonymous Coward · · Score: 0

      Unless he's killed 712,000 (give or take) people then I'd say he's doing a fine job.

    12. Re:Nobody panic by Anonymous Coward · · Score: 0

      It's the JEWS, stupid...

    13. Re:Nobody panic by elrous0 · · Score: 1
      And give up his goal of COMPLETELY destroying the few Constitutional liberties still left? Not likely.

      I never thought I would live to see the day when a United States Attorney General would stand up publically and openly in front of Congress and state unashamedly that U.S. citizens do not have a right of Habeas Corpus.

      Sad. Sad. Sad.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    14. Re:Nobody panic by watchingeyes · · Score: 1

      Say what? I can't remember what we were talking about!

      --
      http://watching-eyes.blogspot.com/
  2. Look over there! Pirates! and Ninjas! by Maximalist · · Score: 3, Insightful

    No corruption to be seen here in the DOJ. Move along.

  3. It's come to this? by twilight30 · · Score: 2, Interesting

    Holy fuck, this is how far he's fallen? He'll be going after the pr0n mavens next! Oh wait ...

    --
    ========================================
    Death will come, and will have your eyes
    -- Pavese
  4. it's a good thing ... by darkuncle · · Score: 4, Interesting

    that the scale of problems facing our nation is so trivial that federal law enforcement can afford to waste their time^W^W^Wgive this matter the attention it deserves ...

    --
    illum oportet crescere me autem minui
    1. Re:it's a good thing ... by laffer1 · · Score: 2

      How about they work on something more useful like preventative measures for identity theft. I'm not talking about the consumer level, but rather the banking industry. There are banks I will not do business with because of their track record losing data unencrypted off of UPS trucks, etc. How about retail chains who have employees steal checking accounts and make new checks with their name on it! Fraud is much worse than a little copyright infringement.

    2. Re:it's a good thing ... by Anonymous Coward · · Score: 5, Insightful

      Law enforcement in America is not about solving real problems. We've got the world's highest per-capita prison population, and a very large percentage of those people are imprisoned for the vicious crime of -- get this -- possessing plant leaves.

      From the article:

      'He also said he would "hit criminals in their wallets" by boosting restitution and ensuring all ill-gotten gains are forfeited, as well as any property used to commit the crimes.'

      Now... where have we heard that before? Oh yes, that sounds just like the drug laws that let police seize your house if they find you had marijuana inside it.

      Does this mean your computer (and possibly your home) can be taken by government officials when you've pirated a few too many MP3s? Or written DVD-playback software for Linux?

      In any case, this will give law enforcers another tool, like the "War on Drugs" and the "War on Terror," to make their jobs as all-encompassingly powerful and unaccountable as possible.

    3. Re:it's a good thing ... by Anonymous Coward · · Score: 0

      ...and lucrative. Don't forget that some of those forfeited vehicles are used for "official business" now by police chiefs et al. Don't you think it's reasonable that if you download a song that you give your Lexus to your local law enforcement?

    4. Re:it's a good thing ... by Tigwyk · · Score: 1

      Yes but the "War on Copyright Infringement" just doesn't sound as cool as the "War on Drugs" and the more recent "War on Terror".

      If the U.S. actually releases anything to the public about the "War on Copyright Infringement", the world's going to think Bush has gone soft... and the repercussions that come with that will be humorous at best, painful at worst.

      Am I the only one who thinks that the UN should regulate how many "wars" a country can have going at any one time? Perhaps say... 3. That'll smarten the U.S. up and force 'em to finish wars before starting new ones. All these wars are clogging up the pipes.

      --
      "Pi is exactly 3!" *gasp*
    5. Re:it's a good thing ... by Rufty · · Score: 1

      "War on Copyright Infringement" ??? Na. "Pirate Purge"

      --
      Red to red, black to black. Switch it on, but stand well back.
    6. Re:it's a good thing ... by Anonymous Coward · · Score: 1, Interesting

      Certainly I expect to see the FSF in a far more commanding position to bitch-slap GPL violators....

    7. Re:it's a good thing ... by miskatonic+alumnus · · Score: 4, Insightful

      Now... where have we heard that before? Oh yes, that sounds just like the drug laws that let police seize your house if they find you had marijuana inside it.

      Now, now ... you exaggerate. The drug laws let police seize your house on the mere suspicion that you once had marijuana inside it.

    8. Re:it's a good thing ... by dbitter1 · · Score: 1

      unencrypted off of UPS trucks, etc


      Not saying that that didn't happen, but from some of our firm's work with a firm... uh, lets say associated with credit card processing, they are *VERY* aware of that threat. They take the "secrets" and divide them among multiple envelopes sent by different carriers, at different times... the data in any one envelope would be pretty useless, and it would be quite hard (read: monetary gain not worth the effort) to hijack three separate trucks several days in a row to "steal" all three. We never got to even see what was in the envelopes, so I can't confirm or deny they were encrypted...
      --
      For us carnivores, "Sucking the marrow out of life" isn't a transcendentalist philosophy but a practical instruction.
    9. Re:it's a good thing ... by servognome · · Score: 1

      Now, now ... you exaggerate. The drug laws let police seize your house on the mere suspicion that you once had marijuana inside it.
      *sigh* such hyperbole - The drug laws let police seize your house on the mere suspicion that you once had a green leafy substance inside.
      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    10. Re:it's a good thing ... by Anonymous Coward · · Score: 0

      You're making things bigger than they really are - the drug laws let police seize your house on suspicion of having green things (books, clothes, etc.) inside. (Said with tongue firmly in cheek)

    11. Re:it's a good thing ... by aichpvee · · Score: 1

      Well they can't very well call it the "War on Pirates" because everyone knows that pirates are fucking sweet and would want to be on their side.

      --
      The Farewell Tour II
    12. Re:it's a good thing ... by Anonymous Coward · · Score: 1, Funny

      Sheesh, you're overplaying this whole "house seizing" thing. The drug laws let police seize anything that is a house or is inside or near a house on the suspicion that they might get away with seizing it.

    13. Re:it's a good thing ... by rmckeethen · · Score: 5, Informative

      Does this mean your computer (and possibly your home) can be taken by government officials when you've pirated a few too many MP3s? Or written DVD-playback software for Linux?

      Probably -- in my opinion, current asset forfiture laws amount to little more than state-sanctioned theft. Expanding asset forfiture to include intellectual property law just sweatens the pot for government abuse.

      With asset forfiture laws, simply having a large amount of cash in your possession is sufficent evidence for law enforcement to seize property, as demonstrated in this recent case. Neither the police nor the government even needs to prove you are guilty of a crime for the cops to take your stuff; mere suspicion is grounds to grab your house, your car or anything else of value. In 80% of asset forfiture cases, no one is ever even charged with a crime [1]. Better yet -- at least from the government's point of view -- it's up to you to prove that seized assets were not actually obtained through illegal activity. And, as if this weren't enough, if you can't prove in court that your assets weren't used in connection with a crime, guess who gets to pay the bill for the government's attorney costs? Yeap, that's right chief -- that'd be you.

      If I were in law enforcement, I suppose expanding the current asset forfiture plan to include intellectual property infractions would give me a warm, fuzzy feeling inside. Hell -- considering how many people likely have a least a mix-tape or two, or simply can't provide a receipt for every piece of IP in their possession, law enforcement might as well have a license to print money if this becomes law.

    14. Re:it's a good thing ... by Anonymous Coward · · Score: 0

      Very true. And I'm sure there are lots and lots of officers willing to act like...

      Oh wait.

      Last time I talked to the police they were disgusted at their job. Did you know the #1 reason we don't have gun confiscation in the united states is because around 80% of the police would hand in their badges and go private security? Did you also know that a lot of police departments try to give kids the benefit of the doubt when arresting them for smoking marajuana? I've seen cops find someone smoking a joint, politely ask them to put it out, and tell them they don't want to see them smoking it in public and walk away. I'v also seen cops who go hogwild over a baggie of weed.

      Probably the greatest amount of damage these kinds of laws do is separating the government from itself. Believe it or not, there are judges, police, civil servants and so on who refuse to enforce certain laws or do so laxly.

    15. Re:it's a good thing ... by Anonymous Coward · · Score: 0

      I do agree for the most part. The people who create these laws (politicians and their wealthy donors) are mostly to blame. They use the police forces in the same way that they use the armed forces -- namely, to pursue their own selfish goals.

      Nonetheless, the police are not blameless. "I was just following orders" is not a worthy excuse when people's lives are being destroyed for no reason. And for every officer who refuses, admirably, to enforce an unjust law, there are plenty of others who will step in to do their government's bidding (and keep their jobs in the process).

      That said, I do very much respect those police officers who behave fairly and justly.

    16. Re:it's a good thing ... by Anonymous Coward · · Score: 0

      a very large percentage of those people are imprisoned for the vicious crime of -- get this -- possessing plant leaves.

      And another large percentage of people are imprisoned for the vicious crime of -- get this -- misplacing their silverware... in the once-beating hearts of their enemies.

      You've got a cute comparison, but the law's about the possession of mind-altering drugs. If you want to be taken seriously in a debate, don't misrepresent what you're arguing about. Great rest-of-the post, though - thanks!

    17. Re:it's a good thing ... by jd · · Score: 1
      Depends. If this means that the next time Microsoft is caught pirating software to include in their OS or office products, the DOJ will confiscate their property, bank accounts and license to operate as a corporate entity in the US, it might be interesting. If it means that the RIAA and MPAA will face stiffer penalties for copyright violations and intellectual property theft, I might be persuaded to be in favour.

      You know what? Somehow, I don't see these as being the people who will get targeted. Odd, that, given that very few thieves are going to give a damn about a show-trial of some insignificant individual, and that said individual might be responsible for maybe a couple of dozen minor infractions, usually on a personal level. When a megacorp is involved, start thinking not in tens, but tens of millions. If some future version of Microsoft Office contains pirated software, stop to consider that 98% of all desktop users could be installing that.

      Think also of the deterrent value. A twelve-year-old gets arrested. Probably won't even deter their friends. Might even encourage them to stick it to "the man". A multi-billion-dollar company gets skewered - especially if they've "friends" in high places - and people will notice.

      So why is this effort more likely to target the twelve-year-olds? Easy. This isn't about IP. Never has been. If it was, half the Hollywood studios would have filed for bankruptcy years ago. No, this is about creating an atmosphere of fear and/or paranoia. Why? To control people? No. The Government is paranoid, and paranoids are incapable of controlling themselves, much less anyone else. However, paranoids are very good at spreading that paranoia around. That's all that's happening here. It's nothing more than a contagious mental disease being coughed around.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    18. Re:it's a good thing ... by JCCyC · · Score: 1

      Riiiiiight, because possessing leaves of the aforementioned plant is just as bad as stabbing somebody.

    19. Re:it's a good thing ... by Anonymous Coward · · Score: 0

      No, the law is quite clearly against possession of plant leaves. Characterize it however you want; it'll only become more absurd. Would you rather I said that it's illegal to influence the chemical makeup of your own body? That it's illegal to experience sensations which legislators don't want you to experience? That it's illegal to alter your own mind? That it's illegal to modify your own emotions? That it's illegal to modify your own thoughts?

    20. Re:it's a good thing ... by Digital+Vomit · · Score: 1

      ...in the laaaand of the freeeee...and the hoooome of theeee braaaave...

      --
      Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
    21. Re:it's a good thing ... by mpe · · Score: 1

      How about they work on something more useful like preventative measures for identity theft. I'm not talking about the consumer level, but rather the banking industry. There are banks I will not do business with because of their track record losing data unencrypted off of UPS trucks, etc. How about retail chains who have employees steal checking accounts and make new checks with their name on it! Fraud is much worse than a little copyright infringement.

      IIRC "corporate crime" of all kinds is a major problem, with too little law enforcement.

  5. What about when there are NO monetary gains? by Marxist+Hacker+42 · · Score: 5, Interesting

    That's all well and dandy for those pirates who actually make money off of piracy- but that's a small percentage of the pirates out there. The grand majority are either making use of what used to be considered fair use: Mix CDs and tapes for friends, backups of media purchased legally, copies for educational use, etc. If you're going to crack down on piracy and hit them in the wallets so to speak, what do you do when the wallet is empty and has never had any cash in it?

    --
    SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    1. Re:What about when there are NO monetary gains? by LiquidCoooled · · Score: 1

      Make you pick up the soap?

      In reality, there isn't a problem with setting up a fund to pay off your debts for years to come?
      The few people I remember getting fined for crimes ended up paying a weekly sum and had the threat of big nasty bailiffs knocking on their door if they didn't pay.

      --
      liqbase :: faster than paper
    2. Re:What about when there are NO monetary gains? by jamstar7 · · Score: 3, Funny

      That's all well and dandy for those pirates who actually make money off of piracy- but that's a small percentage of the pirates out there. The grand majority are either making use of what used to be considered fair use: Mix CDs and tapes for friends, backups of media purchased legally, copies for educational use, etc. If you're going to crack down on piracy and hit them in the wallets so to speak, what do you do when the wallet is empty and has never had any cash in it?

      Significant percentages of their paychecks signed over to the *IAA every month, of course, via garnishments. Likely collected by the government on behalf of the plaintiffs to avoid it getting cancelled out by bankruptcy. A Chapter 7 will wipe out a lotta stuff, but not things like child support, student loans turned over for government collection, and Infernal Revenue garnishments for repayment of taxes. And no, IANAL, but I've had personal experience in this area.

      Is it too late for me to start my own record/movie company and get in on this payday????

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    3. Re:What about when there are NO monetary gains? by Bent+Mind · · Score: 5, Insightful

      I wonder which definition General Gonzales is using when he states "hoping to ensure that any 'ill-gotten gains' are forfeited". Is he using the traditional definition where you pay restitution based on proven damages, or is he using the "War on Drugs" definition where all of your personal property is forfeit to the government for sharing a single MP3 file?

      --
      Request a Linux Shockwave player here: http://www.macromedia.com/support/email/wishform/
    4. Re:What about when there are NO monetary gains? by Anonymous Coward · · Score: 0

      War is the health of the state.

      -- Randolph Bourne

      Modern version:

      War is still the health of the state. But drug prohibition ain't a bad business to be in either.

    5. Re:What about when there are NO monetary gains? by Marxist+Hacker+42 · · Score: 1

      You misunderstand- if he's basing the fine on (SumOfIllGottenGains)*x%, even if that X is 500, 500% of zero is still zero.

      Guess that's what we get when we lean on the guys who flunked math for creating law.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    6. Re:What about when there are NO monetary gains? by Anonymous Coward · · Score: 0

      Instead of pirates, you should call them witches. After all, they somehow transfer sound and images; outright witchcraft!

    7. Re:What about when there are NO monetary gains? by Marxist+Hacker+42 · · Score: 1

      Instead of pirates, you should call them witches. After all, they somehow transfer sound and images; outright witchcraft!

      Mod parent up- this is EXACTLY the attitude I'd expect from our wetback-general...has anybody ever bothered to check the immigration status of the Attorney General?

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    8. Re:What about when there are NO monetary gains? by Jessta · · Score: 1

      Pirates usually carry dangerous weapsons, they board ships in open sea, kill/rape the people aboard and steal from them.
      This is hardly comparable to the ilegal copying and sharing of data.

      It's like saying that a kid who stole a candy bar was a murderer.

      --
      ...and that is all I have to say about that.
      http://jessta.id.au
    9. Re:What about when there are NO monetary gains? by JCCyC · · Score: 1

      'ill-gotten gains' == 'still possesses anything of any value, or owes us less than aleph-infinite dollars, or he and every (mandatory, of course) offspring of his for eternity are in forced labor in prison.'

  6. Great thinking, guys by UbuntuDupe · · Score: 5, Interesting

    Because if the $100,000 maximum fine per infringement isn't a strong enough deterrent, maybe $200,000 will do the trick, right?

    In other news, the State of Texas will now kill you *twice* if the crime is *really* serious.

    1. Re:Great thinking, guys by denttford · · Score: 1

      I pick this nit, because it affects your comment.

      Innocent infringement already carries a maximum of $150,000
      Willful infringement carries a maximum of $300,000.

      See for yourself.

      Criminal penalties are even higher.

      --

      Leben Sie jetzt die Fragen.
    2. Re:Great thinking, guys by cpt+kangarooski · · Score: 1

      Not quite. Good for you for citing the correct statute, but you seem to have misread it.

      There is no maximum for actual damages and profits. However, when a plaintiff opts for statutory damages instead, the damages per work are an amount between $750 and $30,000 as is just. If the infringement was 'innocent' (a bad term of art here meaning that the infringer did not know and had no reason to know that he infringed, but did in fact infringe anyway, and is still culpable), then the range becomes $200 to $30,000. OTOH, if the infringer acted willfully, the range becomes $750 to $150,000. Statutory damages don't go higher than $150,000 per work.

      Criminal fines may go as high as $250,000 per count. A court can also, or alternatively, imprison a criminal infringer.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    3. Re:Great thinking, guys by tepples · · Score: 1

      If the infringement was 'innocent' (a bad term of art here meaning that the infringer did not know and had no reason to know that he infringed, but did in fact infringe anyway, and is still culpable), then the range becomes $200 to $30,000. In a case of innocent infringement, what happens when the statutory damages exceed the defendant's net worth? For instance, if I write a song, record it, and publish the recording on my web site, but then it is discovered that I had subconsciously copied the song from something I had heard a decade ago (Bright Tunes Music v. Harrisongs Music), how do I avoid having my life completely screwed up?
    4. Re:Great thinking, guys by denttford · · Score: 1

      Absolutely right - and I know why I messed up. Once upon a time I read this and then checked the sources (which is why I got that bit right) but forgot the wikipedia article was inaccurate. :-)

      But as for the criminal charges, the second text I cited deals with a range of copyright infringements arising out of circumventing DRM (i.e. DMCA violations) which covers most video (and some audio) these days and seems pretty clear about that:

      17 USC 1204:
      (a) In General.-- Any person who violates section 1201 or 1202 willfully and for purposes of commercial advantage or private financial gain--
      (1) shall be fined not more than $500,000 or imprisoned for not more than 5 years, or both, for the first offense; and
      (2) shall be fined not more than $1,000,000 or imprisoned for not more than 10 years, or both, for any subsequent offense.


      Though I admit that needs copyright violation+DRM breaking, and I could have been clearer.

      Unless I am totally wrong again :-)

      --

      Leben Sie jetzt die Fragen.
    5. Re:Great thinking, guys by cpt+kangarooski · · Score: 1

      No, you're not totally wrong. But remember that it is entirely possible to violate sections 1201 and 1202 without actually infringing on a copyright.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  7. ill-gotten gains??? by MooseTick · · Score: 2, Interesting

    "promising to 'hit criminals in their wallets' hoping to ensure that any 'ill-gotten gains' are forfeited."

    Perhaps I am mistaken, but aren't most copyright infringers/violaters people doing it for their own personal gains. While there are some people who sell copyrighted stuff they don't own, I suspect 99% of the violations are from kids who share/download music that they weren't authorized by the copyright holder to do so.

    1. Re:ill-gotten gains??? by drinkypoo · · Score: 1

      Yes, and they got them through unacceptable methods, which is why they're ill-gotten :P Remember, the movie has a value of x dollars, so to the justice department's way of thinking, if you avoided paying those x dollars, you profited by x dollars.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:ill-gotten gains??? by fotbr · · Score: 3, Funny

      Just to play devils advocate -- What if its a really crappy movie? One that you, say, value at $5, not the $29.99 the MPAA wants for a new release? For that matter, is the value of a movie higher if its not out on DVD yet? Whats its value if the movie isn't even in the theaters yet? Do they get to bill you for the entire production cost?

      I don't watch many movies, and the ones I do watch, I already own, or I happen to catch them on TV. I'm sure the MPAA will blame it on piracy, but I simply don't buy movies anymore because they're not worth it. Someone starts talking about $CelebrityOfTheWeek I'd have to go google them to figure out who the hell it is, but I don't care enough to.

      Oh, and get off my lawn.
      Young whippersnappers, always causing problems.
      Uphill, snow, both ways...

    3. Re:ill-gotten gains??? by drinkypoo · · Score: 1

      Just to play devils advocate -- What if its a really crappy movie? One that you, say, value at $5, not the $29.99 the MPAA wants for a new release?

      IANAL, so elefino. I would guess that the only potential defense would be based on the average price consumers are actually paying. But since the penalties for copyright law are not based on the retail cost of the media or any other measurement of its actual value, the point is moot.

      For that matter, is the value of a movie higher if its not out on DVD yet?

      After the government gets done finding you guilty of criminal copyright infringement, the studio may well come after you for "actual" damages based on damage done to the salability of their film based on your distribution thereof, in a civil case. This isn't going to happen if it's a copy of a retail copy.

      Do they get to bill you for the entire production cost?

      Depending on the production cost and the expected profits, they could conceivably sue for more than the production cost depending on the breadth of your distribution.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:ill-gotten gains??? by HTH+NE1 · · Score: 1

      Just to play devil's advocate -- What if its a really crappy movie? One that you, say, value at $5, not the $29.99 the MPAA wants for a new release?
      You mean like Paranoia 1.0 a.k.a. One Point O , listing at $24.98 and selling for $21.99 at, but listing at only $9.99 and selling for $5.99 at ? (I shop around.)

      OK, so maybe I don't think it's crappy. I liked it, so much that it still sits marked Keep Until I Delete on my TiVo while I wait for the DVD to arrive sometime this week. (The TiVo recorded it as one of its Suggestions, possibly because I told it I liked Primer , also one of its Suggestions.)

      Is it wrong to mark as KUID content from a premium movie channel? I'm sure the entertainment cartels would believe it to be so, even though this movie is an independent film. The RIAA claims it owns all music distribution rights, even for unsigned music; I'd expect the MPAA to parrot that.
      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    5. Re:ill-gotten gains??? by R3d+M3rcury · · Score: 1

      One that you, say, value at $5, not the $29.99 the MPAA wants for a new release? As an aside, it's not up to you, the infringer, to decide the value, it is up to the person who is being infringed upon.

      Just because I think a Ferrari is a piece-of-shit car and I wouldn't pay $5 for one doesn't make a Ferrari worth $5.
    6. Re:ill-gotten gains??? by fotbr · · Score: 1

      It makes it worth $5 to you. Not to most other people.

      Compare that to a movie that isn't worth even $5 to most people (really bad 80s sci-fi comes to mind) but the studio says is still worth $19.99 for the super-special-limited-collectors-edition-with-bonu s-dvd-only-director's-cut. That they then want to claim $250,000 in "damages" on. What's its real value?

      The question, then is who defines "value" in a court case. The infrenger? No, and for good reason ("Your honor, this movie was so bad it wasn't worth the time it took to download it Therefore I shouldn't be punsihed since the item had no value.") The studio? I'd say not, because of another conflict of interest. The courts, who seem to have no clue about anything these days? The government, with an interest in making examples of those flouting its laws?

  8. Great... by Parallax+Blue · · Score: 2

    This just means more RIAA/MPAA asshattery. I'm sure the lawyers are collectively rubbing their hands together in glee.

    -PxB

    1. Re:Great... by jstomel · · Score: 2, Funny

      They're rubbing something in glee, but it sure isn't their hands.

  9. Re:Drop the hammer on them by eln · · Score: 2, Funny

    If you're referring to the Attorney General, I agree 100%

  10. Murders and rapists by Anonymous Coward · · Score: 5, Insightful

    Yes, make the punishment harder, so they have a harder punishment than rapists, pedophiles, and murders? -rolleyes-

    Corruption at the Justice Department. The laws are to protect the citizens. The citizens do not want strong copyright punishments. That is what the big media corporations want.

    1. Re:Murders and rapists by Joe+The+Dragon · · Score: 1

      they do time the justice department will just make people who copy stuff pay big fines.

    2. Re:Murders and rapists by Kjella · · Score: 1

      Yes, make the punishment harder, so they have a harder punishment than rapists, pedophiles, and murders? -rolleyes-

      I wouldn't worry. I'd worry more that once you pass the "life without parole" limit, you've really nothing to lose. Same with economics, I don't care if I owe a million dollars, ten million dollars, hundred million dollars or whatever, I'd never able to pay it back. Either I get relief through bankrupcy or I'd never officially work again, just taking what I'd get from social security and otherwise work black on something. Which sounds a lot like career criminals. If you beat people down so hard they can't ever get back into normal society, they'll be back before a court again soon. Not that I like for-profit pirates anyway, but they'll use this in a leapfrog version. "Oh, now we must raise the penalty for the petty pirates" "Oh, now we must raise the penalty for the really bad priates" ad nauseum.

      --
      Live today, because you never know what tomorrow brings
  11. What is an IP law? by KlomDark · · Score: 4, Insightful

    They're still up to their bullshit. There are copyright laws, there are patent laws, there are trademark laws. There is no such thing as an Intellectual Property law. That's a big blanket that the megacorps want to pull over our eyes in order to gain more power. Taken individually, copyright, patent, and trademark laws have acceptable checks and balances built into them (Except the ones that have been stroked by Mickey Mouse). But what they're after is a true Intellectual Property law that has no balancing of Megacorp vs. Common Good. They want it to be all Theirs, and no Ours.

    Be careful, whenever some politician blabbers on about "Intellectual Property", it really means they are in bed with the Megacorps and want to muddy the issue in order to set some bastardized legal precedent on the sheep-like public who won't notice a thing until the water boils.

    1. Re:What is an IP law? by Anonymous Coward · · Score: 0

      Duh... Of course they are in bed with the megacorps. Is the general public crying out for more severe copyright punishment? LOL

    2. Re:What is an IP law? by sobachatina · · Score: 1

      I like the mixed metaphor!

      hmmmmmm boiling sheep.

    3. Re:What is an IP law? by radtea · · Score: 4, Insightful

      There is no such thing as an Intellectual Property law. That's a big blanket that the megacorps want to pull over our eyes in order to gain more power.

      And they are doing a fine job of it, with the uncritical repetition in this article of curious notion of "intellectual property thieves".

      Intellectual "property" is a terrible metaphor. "Property" is a legal machine that is designed to enforce capture of negative externalities. That is, when you own property, you are responsible for its upkeep. Without property rights you could dump your wastes or graze your sheep on the commons, and not ever pay any costs for that. The notion of property, first and foremost, forces you to pay your own way on your own property.

      Intellectual "property" on the other hand is a legal machine that is intended to enforce capture of positive externalities: good things that happen to other people because of your work.

      Patents, trademarks and copyright are sufficiently unlike property that any attempt to reason about them using property metaphors is doomed to failure from the outset. It is a tad disturbing that this failed metaphor has become so much a part of the popular legal consciousness that even the Attorney General is able to remember it.

      This is not to say that individuals cannot have rights in patents, trademarks and copyrights. But those rights are not ownership rights to property, and violating those rights is not theft.

      --
      Blasphemy is a human right. Blasphemophobia kills.
    4. Re:What is an IP law? by UbuntuDupe · · Score: 1

      There are copyright laws, there are patent laws, there are trademark laws. There is no such thing as an Intellectual Property law.

      Well, true, in a sense, but I think the reason people use that term is ... WHOA, dude, what the hell are you sitting on? Does that thing actually go into your ...*gasp* Doesn't that hurt?

    5. Re:What is an IP law? by UbuntuDupe · · Score: 1

      Intellectual "property" on the other hand is a legal machine that is intended to enforce capture of positive externalities: good things that happen to other people because of your work. [ssrn.com]

      Patents, trademarks and copyright are sufficiently unlike property that any attempt to reason about them using property metaphors is doomed to failure from the outset.


      I have to disagree. Debates about intellectual property, in my experience, typically regress to the very same questions and arguments about property in general: Why/to what extent should property be respected, how can something become someone's property, what incentive structures do property regimes create, can property exist without the state's support, etc.

    6. Re:What is an IP law? by Anonymous Coward · · Score: 0

      Property rights have nothing to do with copyright, trademarks, trade secrets or patent law. The debate only regresses to that level amongst people who either don't know what they're talking about or are deliberately trying to cloud the issue.

    7. Re:What is an IP law? by Macadamizer · · Score: 1

      The debate only regresses to that level amongst people who either don't know what they're talking about or are deliberately trying to cloud the issue.

      No, it regresses to that level amongst people who want to discuss philosophy, or how the law should be, rather than those that want to talk about the law the way it is. All of the intellectual property laws (copyright, patents, trademarks) treat their respective rights as property. The rights are somewhat different from, say, real property, or other types of tangible property, but IP is treated under the law as property.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    8. Re:What is an IP law? by jez9999 · · Score: 1

      There is no such thing as an Intellectual Property law.

      Well, there is really if the government actually passes a law that contains within its name, 'Intellectual Property' - surely?

    9. Re:What is an IP law? by tepples · · Score: 1

      All of the intellectual property laws (copyright, patents, trademarks) treat their respective rights as property. But the rationale, subject matter, breadth, depth, and duration of these distinct exclusive rights differ. In fact, they differ so much that lumping them together into "IP" and then discussing "IP" instead of the distinct exclusive rights causes more harm than good.
    10. Re:What is an IP law? by KlomDark · · Score: 1

      What? :)

      I'm not following the reference. I can't tell if you mean sitting on a brain, ass, or penis. (Or something else?)

      Sorry, total inability to parse meaning from your sentence. I fail the Turing test I guess.

    11. Re:What is an IP law? by justthinkit · · Score: 1

      Intellectual "property" ...is intended to enforce capture of...good things that happen to other people because of your work.

      In other words, if other people improve because of your work, they had better pay for it (thus lowering themselves right back down due to financial outlay). Talk about being against the common good, this belongs in Webster's as the example of how to use the phrase.

      --
      I come here for the love
    12. Re:What is an IP law? by UbuntuDupe · · Score: 1

      I was too-subtly trying to say that you were being so nitpicky about terminology because you had a rod up your keister.

    13. Re:What is an IP law? by radtea · · Score: 1

      All of the intellectual property laws (copyright, patents, trademarks) treat their respective rights as property.

      I was going to disagree with this, but not being a complete idiot (although for some reason I am still posting on /.) did a quick search first, and found this: "Subject to the provisions of this title, patents shall have the attributes of personal property." (US Code, Title 35, 265)

      This does not counter the point I was originally making, which was that "property" is a very poor metaphor for patents, trademarks and copyrights. But it certainly does make clear that the law as it stands in the US very definitely treats such things as property, however poor a metaphor it might be.

      --
      Blasphemy is a human right. Blasphemophobia kills.
  12. Penalties? by griffjon · · Score: 4, Insightful

    FTA:

    "said he would "hit criminals in their wallets" by boosting restitution and ensuring all ill-gotten gains are forfeited, as well as any property used to commit the crimes."

    So, what if no one's profiting off of the infringement?

    --
    Returned Peace Corps IT Volunteer
    1. Re:Penalties? by Anonymous Coward · · Score: 1, Interesting

      In that case, you will have to pay the value of the copyrighted material multiplied by how many times you shared it. In other words, you better start charging for your pirated material so that you'll be able to pay the fine.

    2. Re:Penalties? by lawpoop · · Score: 1

      "said he would "hit criminals in their wallets" by boosting restitution and ensuring all ill-gotten gains are forfeited, as well as any property used to commit the crimes." So, what if no one's profiting off of the infringement? Sounds to me like any copyrighted material you download will be considered profit, and even if it isn't, they will still confiscate your computer, router, etc. Maybe even your iPod and stereo!

      If they can find a profit anywhere in the chain of stuff you may have downloaded or shared, they may consider your stuff part of the crime.
      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    3. Re:Penalties? by MontyApollo · · Score: 1

      >>"...as well as any property used to commit the crimes"

      It looks as though they are trying to make it so they can seize and keep the computers, ipods, televisions, etc.. of anybody using pirated material.

      This is similar to the tactic used in the so called "war on drugs". They just seize your ill gotten gains and don't even worry about getting a prosecution. In the case of drugs they can keep your stuff without even getting a conviction.

    4. Re:Penalties? by rustalot42684 · · Score: 1

      ...as well as any property used to commit the crimes.

      So are the Feds going to confiscate Little Timmy's computer?
    5. Re:Penalties? by grim4593 · · Score: 1

      "as well as any property used to commit the crimes"

      They could use this to take control of internet backbones? :P

    6. Re:Penalties? by Pantero+Blanco · · Score: 1

      Like they've been doing for the past twenty-something years? Of course. They can even auction it off at a nice price. All they have to do is find some way, even a very flimsy one, of linking it to a crime.

      http://www.cato.org/pubs/pas/pa-179es.html

      This has ruined the livelihoods of innocent people on multiple occasions. The burden of proof is considered to be on the property owner. If the property taken is critical to the owner's work, they often can't afford the court fees.

    7. Re:Penalties? by Pantero+Blanco · · Score: 1

      "as well as any property used to commit the crimes"

      They could use this to take control of internet backbones? :P


      They can, they will, and they probably already have. Remember that they've decided that ISPs have a "responsibility" to help them track down offenders? It's only a matter of time before they decide that a reluctant ISP is an "accomplice".
    8. Re:Penalties? by LuxMaker · · Score: 1

      So, what if no one's profiting off of the infringement?

      They take your computer and all your equipment used to facilitate infringment as well as having your isp account suspeneded. Also they garnish future wages for the duration of the tougher penalty.

      "The Constitution is a mere thing of wax in the hands of the judiciary,which they may twist and shape into any form they please." - Thomas Jefferson, 1819

      Amendment 4

      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


      Ammendment 14

      Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

      Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

      --
      I regret that I only have one mod point to give per post.
    9. Re:Penalties? by Anonymous Coward · · Score: 0
      Wasn't there a US document a couple hundred years ago that made reference to "Illegal search and siezure"? Is that thing still around?

      Oh, sorry, search and siezure is legal now. They must have been a pack of fools to stuff up on the wording like that, hey? Or perhaps there was some outmoded concept such as "the spirit" as well as "the letter" of the law they used back then.

      You Americans are nice people, on the whole. But sometimes I think you are nice to the wrong people, and you end up being wrong to the nice people.

    10. Re:Penalties? by JCCyC · · Score: 1

      Wasn't there a US document a couple hundred years ago that made reference to "Illegal search and siezure"? Is that thing still around?

      No. Next question.

  13. He may not get to resign by Anonymous Coward · · Score: 2, Insightful

    It is pretty much proven that he is responsible for firing several government lawyers because they pissed off Republican politicians. That is bordering on criminal. He could be impeached. He could be thrown in jail.

    He has George Bush's backing but so did Rummy and then Boom he was gone.

    1. Re:He may not get to resign by ratsnapple+tea · · Score: 1

      Who gives a shit? Let's just grit our teeth and fucking book it through the next one and a half years. Little reform of the executive will be accomplished as long as the direction from the top continues to be so stubborn in its denial of popular reality—and nothing we've seen since this fucker's first inauguration has shown he can be anything but.

    2. Re:He may not get to resign by Anonymous Coward · · Score: 0

      Officials that work for the President serve at the will of the President, the President can fire anyone that works under him at anytime for any reason. If they look at him wrong, they can be fired because he feels like it.

    3. Re:He may not get to resign by WilliamSChips · · Score: 1

      I could have sworn Andrew Johnson was impeached for firing his Secretary of War.

      --
      Please, for the good of Humanity, vote Obama.
    4. Re:He may not get to resign by snoyberg · · Score: 1

      I could have sworn Andrew Johnson was impeached for firing his Secretary of War.

      Right, because we want to bring proofs from the impeachment of Andrew Johnson...

      --
      Thank God for evolution.
    5. Re:He may not get to resign by kinglink · · Score: 0, Flamebait

      Please, reason in politics.

      Your right though, Clinton fired all the federal judges as one of his earlier acts as presidents and the democratic party though that was peachy. Apparently it's ok if you're a democrat, or is it only ok if you fire them in the first week in office?

      Personally I think it's all about limiting what Bush can do in his final year in office, they want to remove all the authority that the President has. The sad thing is when 2008 rolls around if there's a major shift in power with a democratic president and a republican congress, the democrats big push will be giving all those rights back to the presidential office, so really it's partisan politics at it's finest.

    6. Re:He may not get to resign by aichpvee · · Score: 2

      Take away power from an illegitimate president and the unqualified clowns he appoints the positions of power? Only thing I can see wrong with that is that they're not limiting him enough and they won't have the balls to impeach his judicial appointees and undo the other damage he has done to our government and nation.

      You are un-American, and I'd go as far as to say a traitor, for suggesting this is just "partisan politics."

      --
      The Farewell Tour II
    7. Re:He may not get to resign by david_thornley · · Score: 3, Informative

      Your right though, Clinton fired all the federal judges as one of his earlier acts as presidents and the democratic party though that was peachy. Apparently it's ok if you're a democrat, or is it only ok if you fire them in the first week in office?

      The latter (although it's attorneys; presidents cannot fire judges). Firing all the attorneys at the start of a new president's term, to replace them with people the new president wants, is normal and reasonable. Firing some of them later, for what appear to be partisan reasons, is neither.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    8. Re:He may not get to resign by flyingsquid · · Score: 4, Insightful
      Personally I think it's all about limiting what Bush can do in his final year in office

      Of course it is. But how could this possibly be a bad thing? Between his disastrous mismanagement of the war, massive deficit spending, domestic spying, and the way his administration has polarized this country, they're doing him a favor. It's like taking away the keys from the drunk at your party, or a loaded gun away from a three-year old.

    9. Re:He may not get to resign by GreyPoopon · · Score: 2, Informative

      It is pretty much proven that he is responsible for firing several government lawyers because they pissed off Republican politicians.

      There were really only two big mistakes: 1) He waited until there was something the Republicans didn't like to fire them, and 2) He wasn't straight with them about why they were being fired. As mentioned elsewhere, it's perfectly normal for an incoming president to completely repopulate these positions with folks that are friendly to their administration, particularly in the case of a shift from one party to the other. This should have been done immediately, and with the following reason: You were appointed during Clinton's administration, and Bush wants somebody more aligned with his own administration.


      As far as all the hullabaloo being raised over the firings now, it's a HUGE waste of taxpayer money with absolutely no purpose other than partisan politics on the part of the Democrats. But rest assured, the Republicans will do the same thing (or something similar) when the opportunity arises. I personally think that both parties ought to be permanently banned from office (including a lifetime ban for anybody that is currently or ever was aligned with either party), and there ought to be a moratorium on unsolicited lobbying by special interest groups (including corporations). Let's get back to a government by the people and for the people, shall we?

      --

      GreyPoopon
      --
      Why is it I can write insightful comments but can't come up with a clever signature?

    10. Re:He may not get to resign by rsmoody · · Score: 0, Troll

      Read: I am am democratic/liberal bluderbutt who believes EVERYTHING the drive by media feeds me. God you are PATHETIC! First and foremost, NO ONE is an un-American traitor (INCLUDING YOUR STUPID ASS) for believing this is EXACTLY what it is, partisan politics. The president can fire these judges if he so pleases, it's his prerogative. Case in point, your beloved Clinton did the SAME FUCKING THING! The ONLY difference is his political party. END OF FUCKING STORY! What I hate most about this shit is how you dems/libs will fucking crucify anyone that does not go along with everything you say and then turn tail and jump ship at the first opportunity if you think it will get you one more vote. STAND UP FOR SOMETHING AND THEN STICK TO IT! Stupid flip floppers. Hey, here is a suggest for your party, instead of taking advantage of an entire town who just had their entire lives blown away by an F5 tornado by purposely not requesting National Guard aid, (you just let these people, the VICTIMS suffer while you used it as an opportunity to bash Bush by saying you have no guard personnel or resources because they are all in Iraq) you can just do what you are supposed to do and should do and request the fucking aid so people don't suffer just so you can get your face on TV to spread FUD. God, every day I can't believe how pathetic dems/libs are. Flame on!

      --
      45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    11. Re:He may not get to resign by Anonymous Coward · · Score: 0

      it's perfectly normal for an incoming president to completely repopulate these positions with folks that are friendly to their administration, particularly in the case of a shift from one party to the other. This should have been done immediately...
      Get your facts straight, cowboy. President Bush did fire all the prosecutors and hire a new batch when he came into office in 2001. But our fine President is conditioned to think "Republican" is a synonym for "lying liar, crooked crook." When it turned out that some of the Republican prosecutors that he appointed weren't crooks, he had them fired.

      No, wait... no-one knows who had them fired, or why. I'm only speculating. And when Congress asked who and why, Gonzales replied by spending a month "preparing", which seems to mean that he had himself hermetically sealed in box for a month so that he wouldn't accidentally learn any facts.
    12. Re:He may not get to resign by Anonymous Coward · · Score: 0

      Actually they were fired because they wouldn't investigate and prosecute Democrats. That's the truth whether you all want to believe it or not. And frankly, I don't care what you believe.

    13. Re:He may not get to resign by flyingsquid · · Score: 2, Insightful
      As far as all the hullabaloo being raised over the firings now, it's a HUGE waste of taxpayer money with absolutely no purpose other than partisan politics on the part of the Democrats.

      Obviously, it would be naive to believe that politics weren't a factor, but I think there are larger issues at stake: you'll notice that some Republicans have been grilling the hell out of Gonzalez and asking him to resign.

      One issue is reining in Bush's "Imperial Presidency", which acts like it can do whatever it wants whenever it wants... and the hell with Congress, the Constitution, human rights, the rule of law and the will of the American people. That's not healthy for the country, and Congress is right to try to rein him. We need to be a country where nobody, not even the President, whether he's Democrat or Republican, is above the law.

      The other issue is that the firings appear to have been motivated to help the Republican party and hurt the Democratic party. Yes, you do get to appoint whoever you want when you win the presidency. However, once you've appointed them, they need to be independent and left to do their jobs. Firing people because they've been investigating corrupt Republicans is not OK, it's putting the interests of your party ahead of the interests of your country, and the pursuit of justice, and that's deeply corrupt.

    14. Re:He may not get to resign by Anonymous Coward · · Score: 0

      Enjoy losing 2008, buddy. America is sick of your right-wing agenda.

    15. Re:He may not get to resign by ragefan · · Score: 1

      Who gives a shit? Let's just grit our teeth and fucking book it through the next one and a half years. Maybe, because the courts that rule on these cases, usually take precedent into consideration. If you let them set short-sighted precedents now, it will affect decisions later. I.E. Congress was allowed to extend copyright protections in the past, and therefore the SCOTUS ruled that as long as the amount of time is "limited" then Congress could extend again. They could in theory kept tacking on 20 years to the limit and it would still be "limited".
    16. Re:He may not get to resign by suitepotato · · Score: 1

      It is pretty much proven that he is responsible for firing several government lawyers because they pissed off Republican politicians. That is bordering on criminal. He could be impeached. He could be thrown in jail.

      That's only because he merely fired them. Had he put them at the bottom of the ocean, you'd be angry that he didn't go far enough. I swear, no one is ever satisfied.

      --
      If my grammar and spelling are off, I am [distracted/tired/careless] (take your pick)
    17. Re:He may not get to resign by Anonymous Coward · · Score: 0

      Actually, what you believe is wrong, and guess what? NOBODY gives a flying fuck.

    18. Re:He may not get to resign by kinglink · · Score: 2, Insightful

      First off thank you for not insulting me for my mistake and keeping a civil tone, something I've rarely seen in any political debate.

      Second off I don't really see the difference, instead of removing every attorney at the beginning of the term, why not wait til you see that their politics don't jive with your politics. I dislike Clinton's approach of firing everyone immediately no matter what their politics, the fact he removed them all tells that either he was doing favors for those who got in or only wanted people who agreed with him, either way I disagree with that policy.

      On the other hand with Bush's move he changed the attorney's later at his discretion. Is it partisan politics? I've not looked into enough to decide, but I'll bet it is (he's not going to remove people he agrees with) but at the same time is it his choice? Yes.

      The real question, has every president ahead of him enjoyed a similar power? In this respect, yes. That doesn't mean everything he does is gravy with me, the signing statement things isn't exactly kosher in my book. But this is the same power that every president has enjoyed and it appears to only be a problem today.

    19. Re:He may not get to resign by notamisfit · · Score: 1

      He was acquitted, and the impeachment was due to the fact that Cabinet-level positions are Senate-confirmed and apparently need Senate approval for termination (I don't recall the Senate getting a say in Rumsfeld's departure, but it might have just been one of those quickie 95 to 0 things like the Kyoto Protocol).

      --
      Jesus is coming -- look busy!
    20. Re:He may not get to resign by ravenshrike · · Score: 1

      ? Bordering on criminal? The president, at his WHIM, can fire every single fucking lawyer he wants under the control of the executive branch, as long as it doesn't violate their job contracts(which is doesn't as otherwise the complants would note so). The only reason this is a big deal is because the nutjobs are running the asylum.

    21. Re:He may not get to resign by ravenshrike · · Score: 1

      Lemmee see if I've got this straight. Firing the entire cadre of lawyers to replace them with your own brown-nosers at the start of your presidential term ISN'T partisan politics, but firing the lowly number of EIGHT 7 years later is? *head explodes*

    22. Re:He may not get to resign by Vitriol+Angst · · Score: 4, Insightful

      Yeah, the precedent is to change hats at the beginning of a term.

      Bush, however, got everyone to fill out their resignations, and just kept them.
      The ones fired, were prosecuting Republican election fraud, or failing to persue Democratic voter fraud -- of which I think there is perhaps one legitimate case in the entire country. They've been trying to make a case like someone is able to rig an election by busing voters here and there, to commit a felony, only to change the vote by a bus load of people. Ain't going to work. The vast majority (OK -- ALL) legendary voter fraud comes down to people registering in one place, and failing to un-register when they move elsewhere. Innocent, and normal stuff. While disenfranchising voters, and throwing out legitimate votes, is somehow not a federal crime and happens all the time.

      >> But the Prosecutor firings are even a bigger deal than this.
      From the Daily Kos;
      McClatchy:
      In an e-mail dated May 11, 2006, Sampson urged the White House counsel's office to call him regarding "the real problem we have right now with Carol Lam," who then the U.S. attorney for southern California. Earlier that morning, the Los Angeles Times reported that Lam's corruption investigation of former Rep. Randy "Duke" Cunningham, R-Calif., had expanded to include another California Republican, Rep Jerry Lewis.

      Perhaps what is lost in all this confusion over who said what when and which prosecutors were bushies and which were not is just how significant Lam's investigation was. This paragraph from an August 2006 article in Vanity Fair will instruct:

      Tens of thousands of pages of congressional documents going as far back as 1997 have been demanded by the U.S. Attorney's Office in San Diego. The C.I.A., Pentagon, I.R.S., and F.B.I. are conducting investigations, and at least three congressional committees are cooperating in hopelessly tardy fashion. "We are scrubbing" is how a staffer on the intelligence committee puts it. Washington is unraveling.


      >> So it was all about stopping the Carol Lam investigation. It leads back to Abramoff, arms contractors, and two murdered prosecutors.

      --
      >>"ad space available -- low rates!!!"
    23. Re:He may not get to resign by ravenshrike · · Score: 1

      ? You mean the deficit which has been shrinking lately? That deficit? Of course, the deficit as it stands is based on cash accounting, and is therefore complete bullshit anyway. Of course, given the nature of said programs, when one calculates the defecit using accrual accounting one finds that the vast fucking majority is caused by SocSec and Medicare. But I guess it would be to much for /.ers to understand basic fucking economics.

    24. Re:He may not get to resign by Anonymous Coward · · Score: 0

      "STAND UP FOR SOMETHING AND THEN STICK TO IT!"

      Couldn't agree more. Speed of light is constant in all inertial reference frames? PUHLEEZE! Earth isn't at the center of the universe? DREAM ON! Heavy objects and light objects fall at the same rate? PEOPLE WILL BELIEVE ANYTHING THESE DAYS.

    25. Re:He may not get to resign by Anonymous Coward · · Score: 0

      As mentioned elsewhere, it's perfectly normal for an incoming president to completely repopulate these positions with folks that are friendly to their administration, particularly in the case of a shift from one party to the other. This should have been done immediately, and with the following reason: You were appointed during Clinton's administration, and Bush wants somebody more aligned with his own administration.

      While it is normal or at least common practice for an incoming administration to fire US attorneys appointed by the other side, this is not the case here. The fired attorneys were appointed by the Bush administration when they came to power in 2000 and were loyal republicans. They were fired recently as they were not "loyal enough"... and the way Gonzales behaved during the hearings is so shameful that it's a complete disgrace and makes a mockery of the Attorney General's office that members of both sides of Congress didn't ask for his resignation or for Bush to fire him. I seriously doubt that he's that incompetent as connections can only get you so far, he's just doing the bidding of his masters and I'm sure he'll be rewarded accordingly when he goes back to the private sector...

    26. Re:He may not get to resign by KlomDark · · Score: 1

      Uh, 2004 called, they want their SheepSpeak back...

    27. Re:He may not get to resign by Bemopolis · · Score: 1

      I dislike Clinton's approach of firing everyone immediately no matter what their politics

      Did you dislike Reagan's approach of firing everyone immediately too, or just Clinton's?
      --
      "I guess the moral of the story is, don't paint your airship with rocket fuel." -- Addison Bain
    28. Re:He may not get to resign by aero6dof · · Score: 1

      The real question, has every president ahead of him enjoyed a similar power? In this respect, yes. That doesn't mean everything he does is gravy with me, the signing statement things isn't exactly kosher in my book. But this is the same power that every president has enjoyed and it appears to only be a problem today.

      Actually, I don't believe that previous presidents had quite the same power. Before Bush, replacement Justice Dept attorneys required Senate approval for permanent replacements. Replacement without congressional approval was a provision of the Patriot act.

    29. Re:He may not get to resign by Anonymous Coward · · Score: 0

      Basic economics says you don't cut taxes when you have a deficit; basic economics says that you don't waste away a budget surplus when you have a crushing debt to deal with. Sure, some will say that we were headed towards the end of surpluses at the end of Clinton's term, but that brilliant idea of a retroactive tax cut in the form of rebate checks was, in retrospect, one of the dumbest things I've seen Bush and our near-worthless Congress do, when you consider the tremendous debt this country carries (and continues to build on).

      "Hey, we're going to spend a boatload of money on a war, let's cut taxes to pay for it!" Brilliant.

    30. Re:He may not get to resign by GreyPoopon · · Score: 1

      you'll notice that some Republicans have been grilling the hell out of Gonzalez and asking him to resign.

      This is precisely because distancing themselves from the Bush Administration is the only chance Republicans have of maintaining some level of power in the government. It's still politics.
      --

      GreyPoopon
      --
      Why is it I can write insightful comments but can't come up with a clever signature?

    31. Re:He may not get to resign by Mark+J+Tilford · · Score: 1

      At the time, there was a law (the Tenure of Office act) that blocked him from removing a cabinet member prematurely; that law has since been repealed.

      --
      -----------
      100% pure freak
    32. Re:He may not get to resign by gonzo67 · · Score: 1

      Pretty much all administrations change the appointed positions when they take office. No issue if that had been the case. It is changing people MID-term that raised the questions....especially as these particular attorneys were fired because they were pursuing cases against Republicans for violating laws. And note, this administration has not exactly been noted for firing anyone no matter how useless they are (Katrina, Iraq, etc), so to fire COMPETENT lawyers who were actually doing their jobs raises the concerns that politics is rampant in the DoJ.

      Hmmmmmm.....

    33. Re:He may not get to resign by rbochan · · Score: 1

      ...Second off I don't really see the difference, instead of removing every attorney at the beginning of the term, why not wait til you see that their politics don't jive with your politics...

      Because their actions are a matter of public record, and the incoming know what their politics are before they take their oath of office.

      --
      ...Rob
      The American Dream isn't an SUV and a house in the suburbs; it's Don't Tread On Me.
    34. Re:He may not get to resign by rbochan · · Score: 1

      ...Between his disastrous mismanagement of the war...

      I'm really not fond of the term "mismanagement" in this situation, it downplays what it really is, which is a "shit-cock godawful complete fuck-up of anything and everything".

      --
      ...Rob
      The American Dream isn't an SUV and a house in the suburbs; it's Don't Tread On Me.
    35. Re:He may not get to resign by superbus1929 · · Score: 1

      To be fair, both sides are very good at flip-flopping and rhetoric. When Clinton wanted to go into Bosnia, he received a lot of Republican opposition because "lol we have to take care of our own first!". These were the same ones that fell for the puppet act when we wanted to get into Iraq on nothing more than conjecture.

      It's a partisan issue, and each side is as fucked as the other.

      --
      Let's stop dilly-dallying and just change "-1: Overrated" to "-1: Disagree" or "-1: Doesn't Subscribe to Groupthink".
    36. Re:He may not get to resign by azrider · · Score: 1

      Second off I don't really see the difference, instead of removing every attorney at the beginning of the term, why not wait til you see that their politics don't jive with your politics.
      1: He did fire most (if not all) at the beginning of his first term. The eight he fired in 2006 were ones he appointed. 2: He (and his staff) lied about the reasons for the terminations/resignations. 3: The apparent reason was to stall current investigations into actions of members of his party and/or to punish others for not pursuing investigations against members of the other party. This interferes with the independence of the Justice Department and gives the significant impression that political considerations are more important than the law of the land.

      I dislike Clinton's approach of firing everyone immediately no matter what their politics, the fact he removed them all tells that either he was doing favors for those who got in or only wanted people who agreed with him, either way I disagree with that policy.
      This is tradition. All presidents have made wholesale changes in the upper level staff of the Justice Department. What breaks with tradition (and has raised the hackles of members of ALL parties) is the mid-term changes apparently based on #3 above.
      --
      And ye shall know the truth, and the truth shall make you free.
      John 8:32(King James Version)
    37. Re:He may not get to resign by Anonymous Coward · · Score: 0

      Yeah, the precedent is to change hats at the beginning of a term.
      More importantly, the precedent is to get Congressional approval of all the new hats.
      Thank you, USA PATRIOT. How that particular provision will help prevent another act of terrorism is beyond me. Were any of the attorneys replaced due to terrorism investigations? Makes you wonder what other provisions are simple power-grabs that have nothing to do with anti-terrorism.
  14. Of course. by Anonymous Coward · · Score: 5, Insightful

    This is the second part of the badness that comes from criminalizing copyright infringement. (The first thing was the shift of the cost of prosecution from the copyright holders to the taxpayers.)

    Now that copyright infringement is criminal, politicians, attorneys and law enforcement can all cry for even more money, to be "tough on crime". Plus, since I'd guess most everyone over age ten in the US has infringed someone's copyright (downloaded something, photocopied without permission, duped a video tape, etc), it becomes yet another crime you can be charged with if someone in power decides you need to be arrested.

    What we really need is copyright reform.

  15. "Ill Gotten Gains" by nurb432 · · Score: 4, Insightful

    Soooo that means teh average person copying a movie that they have already gone to see, or a piece of software they cant afford anyway and just want to play with, wont get a fine at all since they didnt make any profit.

    Cool. That is the way it should be.

    --
    ---- Booth was a patriot ----
    1. Re:"Ill Gotten Gains" by Sponge+Bath · · Score: 1

      No, they will seize *all* of your money and property as *alleged* 'ill gotten gains'. Then it will be up to you to fight a long and expensive legal battle to prove otherwise.

    2. Re:"Ill Gotten Gains" by thegnu · · Score: 1

      You must be thinking of the other land of the free.

      --
      Please stop stalking me, bro.
    3. Re:"Ill Gotten Gains" by Rakarra · · Score: 2, Interesting
      Did you get to watch a movie without paying for it? Use a piece of software without paying for it? That is the ill-gotten gain right there.

      Now on the other hand, if I got to fine the MPAA after I watched Catwoman, then I might be in favor of it.

    4. Re:"Ill Gotten Gains" by syousef · · Score: 1

      Soooo that means teh average person copying a movie that they have already gone to see, or a piece of software they cant afford anyway and just want to play with, wont get a fine at all since they didnt make any profit.

      No since the memory or knowledge is stored in your brain confiscating ill gotten gains means they get to rip your brains out of your head.

      --
      These posts express my own personal views, not those of my employer
  16. There is a reason the Founding Fathers hated IP by WillAffleckUW · · Score: 5, Interesting

    America was founded on piracy of intellectual property, after all, starting with textiles, and extending to many engineering marvels.

    I for one miss the days of a single 17 year patent life, and a copyright that ended after 21 years.

    And I say that as a published (paid) writer.

    --
    -- Tigger warning: This post may contain tiggers! --
    1. Re:There is a reason the Founding Fathers hated IP by TodMinuit · · Score: 1, Interesting

      Can someone explain why copyrights and patents should expire? I'm being serious.

      --
      I wonder if I use bold in my signature, people will notice my posts.
    2. Re:There is a reason the Founding Fathers hated IP by iamacat · · Score: 1

      Because we accept unnatural restrictions on consensual private activity between two people (sharing a file). A law should be beneficial to society at large and the benefit of just being a consumer or seller's terms just doesn't cut it. A reasonable benefit is to be able to use the work free of cost and to sell derivative works within our active lifetime.

    3. Re:There is a reason the Founding Fathers hated IP by sobachatina · · Score: 4, Insightful

      The goal was for the enrichment of society.

      The idea was that the creator would have a monopoly on the creation long enough that they would be motivated to do the work.

      After that the creation was turned over to society so anyone could build on it.

      The original meaning changed somehow so now instead of being a temporary, governmanet-granted monopoly even the general populace thinks that it is possible to OWN an idea.

      This is a recent historical event but has somehow become so pervasive that most people I talk to actually believe that the creator of a work has a moral right to control that work for the rest of time. That has never been the case and shouldn't be now.

      We should fix the laws so that they enforce the original intent. Copyright and Patents should be enough motivate creators to create- not to hold society for ransom.

    4. Re:There is a reason the Founding Fathers hated IP by Xemu · · Score: 4, Insightful

      Can someone explain why copyrights and patents should expire? I'm being serious.

      Because patents often are about physical phenomena which can't be duplicated, and because "Inventing" is in a sense not creating something which did not exist, but rather being really smart and be the first one to figure something out.

      Take fire, for example. Imagine someone having a patent on using fire for cooking. That would be a rich family by now, huh? Or what if my ancestors had filed a patent on using a round device called a wheel to reduce friction.

      Todays patents on compressed sound and video (aka mp3 or dvd) are more advanced, but they still deal with something which is essentially a naturally occuring phenomenon just waiting to be discovered and used.

      The purpose of patents should be to reward the inventor/discovery so society can benefit from more inventions, but the reward should not be so large the inventor benefits more than society does.

      --
      Tell your friends about xenu.net
    5. Re:There is a reason the Founding Fathers hated IP by The_Wilschon · · Score: 2, Informative

      Partly so that after the creator of the work is dead, the work doesn't also die. If the copyright never expires, then nobody can use it without the copyright holder's permission. If the copyright holder is dead, then he/she can't give permission. Of course, this is ignoring the possibility of transfer of copyright to the estate of the creator.

      Also, any creative work which is worthwhile will become known to a large portion of the population. In some sense, it becomes part of our culture. There is an idea that things that are part of our culture and heritage are really collective property, and should be unrestricted. The "Happy Birthday" song is one example: nearly everybody growing up learns that song, and sings it fairly frequently. But, the copyright holder has in recent years decided to tighten the screws, so that restaurants, etc, cannot use the song. This might be said to have had a (minor) detrimental effect on our culture's development. If copyright expires, then suchlike things are mitigated and limited.

      Patents are meant to grant a monopoly so that the inventor can get a company selling his invention off the ground even in the face of nasty competition. Monopolies are generally thought to be a Bad Thing, notably by the US government, which has anti-trust laws, so it would be rather contradictory to grant an eternal monopoly.

      --
      SIGSEGV caught, terminating

      wait... not that kind of sig.
    6. Re:There is a reason the Founding Fathers hated IP by WillAffleckUW · · Score: 2, Insightful

      Can someone explain why copyrights and patents should expire? I'm being serious.

      For the reasons they always were supposed to expire:

      A. To stop hereditary dynasties founded on the work of others, as opposed to the sweat of one's brow (note that if you died back then your spouse and children kept the rewards until expiry).

      B. To promote the common good and acceleration of knowledge within society - just because someone invented the fork (an American invention), that shouldn't mean someone else can't invent a fork with a mustache protector, just as someone inventing a steam radiator didn't stop my grandfather from patenting improvements on steam radiators.

      C. To return the rewards of invention to society - in the old days, many patents were public patents, owned by the state, used to pay for things like roads for the citizens. Same goes for works of fiction - you only had to make sure noone wrote it in the last 17 years, but no sense for a novel not to be reprinted after a reasonable length of time.

      That's just a start.

      --
      -- Tigger warning: This post may contain tiggers! --
    7. Re:There is a reason the Founding Fathers hated IP by Mahjub+Sa'aden · · Score: 1

      They should expire because what was created by the people belongs to the people.

      More to the point, everything belongs in the public domain, except for that to which your constitution grants the privilege of not being in the public domain for a certain period of time. At which point the public owns the publics' works once again.

      I think the framers of your constitution viewed so-called intellectual property rights as a necessary evil. Necessary to foster innovation, necessary to give impetus to new creation, but evil in that the public does not have the same access to those works as it otherwise would.

      It really makes you wonder what the framers would have thought of the Berne Convention, doesn't it?

      --
      What is is all that is. Isn't that obvious?
    8. Re:There is a reason the Founding Fathers hated IP by DerekLyons · · Score: 2, Insightful

      America was founded on piracy of intellectual property, after all, starting with textiles, and extending to many engineering marvels.

      So what? A goodly chunk of America's economy was once based on slavery - including both chattel bondage and debt bondage. Even beyond that, when the country was founded the franchise was limited to a minority of citizens.
       
      Since they are thing we had when the country was founded, shall we roll back the laws that have corrected those abuses as well?
    9. Re:There is a reason the Founding Fathers hated IP by Threni · · Score: 1

      > the general populace thinks that it is possible to OWN an idea.

      I don't think that's true. Most people don't confuse copyright infringement (copying an album off a friend/taping a song or tv show off the tv/photocopying a map when they're going to visit someone/using a 'pirate' copy of a program at home) with physically stealing someone's wallet/purse etc, nor do they tend of think of it as morally wrong. Owning an idea if perpetuity is a new idea that isn't even true in the US yet, let alone elsewhere in the world.

    10. Re:There is a reason the Founding Fathers hated IP by Chosen+Reject · · Score: 2, Insightful

      First, you explain why they shouldn't. Seriously, the constitution says, "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." Copyrights (and patents) are a man-made thing. Previous to copyrights, if you came up with an idea and didn't want anyone else to use it, then you wouldn't ever publish it*. However, the founding fathers knew that it would be beneficial to get people to publish their works, so as an incentive they allowed for copyrights. In essence, if you publish your material to the world, we'll pretend that you control it for a short time. That gives you the incentive of sharing your ideas, and the world is a better place for it.

      Now to answer your question about why they should expire...If you are given exclusive right to your writings forever, that sure is an incentive to publish your works. However, we don't want you to just publish your ideas. We want to use them, that's what promotes progress. So we can't very well let you have exclusive rights to them forever (what use are they to you after your dead anyway?). So we set an expiration. This also gives you an incentive to create a new work. So we give you exclusive rights to your works for a long enough time for you to profit AND to publish your next work(s).

      --
      Stop Global Warming!
      Just say no to irreversible processes!
    11. Re:There is a reason the Founding Fathers hated IP by Anonymous Coward · · Score: 0

      excellent post. I'm sick of people dredging up any bollocks to somehow justify them downlo\ding the new spiderman film torrent, as somehow being a way to be truly american, or to stick it to the man!
      The length of copyrights should be shortened, no argument there, but it should be ENFORCED, especially, when some scumbags sell other peoples work (such as on ebay) as their own. Peple doing this are just thieving scum, and no amount of whining about 'the founding fathers' will persuade me than some chinese scumbag who copies adobe photoshop onto CDs and sells them to gullible ebay buyers isn't the lowest of the low and belongs behind bars. People running 'warez' websites who think they are somehow immune because they arent hosting the files, or who stick some bullshit disclaimer on the front page should also end up in a cell.
      By all means reform copyright. And enforce it.

    12. Re:There is a reason the Founding Fathers hated IP by roman_mir · · Score: 1

      I want to own ideas, can I have yours?

      In any case it seems that even owning property in country where I live (Canada) is impossible. The property taxes a a constant reminder of that (I would pay user fees to services I use though,) if we can't own property how the hell can we ever even consider owning such nebulous things as ideas.

    13. Re:There is a reason the Founding Fathers hated IP by Mr2001 · · Score: 1

      Can someone explain why copyrights and patents should expire? I'm being serious. Because the whole point of copyright is to make more works available for public use. That means being able to view, share, and build upon them, without begging for permission from anyone first. That's what "progress of the arts" means - the arts aren't exactly being advanced by a particular work if you can only see it by paying and you aren't allowed to use its settings or characters in your own work.

      Copyright is a temporary stop along the line from "twinkle in the artist's eye" to "useful work in the public domain", during which the work is a little bit useful: you know that the work exists, and you can view it if you beg (bribe) the copyright holder for permission, but you can't do anything else with it. That temporary stop was added in order to provide another incentive for artists to publish, because the previous incentive (getting paid for the time they spent working) wasn't enough for some powerful people. The ultimate resting point of the work, however, is still in the public domain, where people can actually use it how they want.
      --
      Visual IRC: Fast. Powerful. Free.
    14. Re:There is a reason the Founding Fathers hated IP by WillAffleckUW · · Score: 1

      Well, so was Greece, Rome, and for that matter both the French and English empires.

      Claiming that slavery trumps the FACT that we specifically had LOWER IP standards in America, and profited from intellectual piracy from the greater nations of the time, does not invalidate my claim that the IP standards existent at that time were better than the deeply flawed ones the corporate pirates - who used to pay MORE income tax as a share of revenue - would have us suffer under.

      Information wants to be free. Just as Americans do. We are not chattel serfs of corporations, who do not even EXIST in our Constitution, and which have no rights in it.

      --
      -- Tigger warning: This post may contain tiggers! --
    15. Re:There is a reason the Founding Fathers hated IP by Anonymous Coward · · Score: 0

      Do you want to pay royalties to the heirs of Bach?
      Do you want to pay royalties to the heirs of the inventor of sliced bread?

      The purpose of temporary publishing monopolies (according to the US constitution) is encourage innovation.

      Permanent monopolies do not encourage innovation.
      Permanent information monopolies create a information feudal system.

    16. Re:There is a reason the Founding Fathers hated IP by DragonWriter · · Score: 1

      Can someone explain why copyrights and patents should expire? I'm being serious.


      Because the Constitution, which is the only thing that gives the government the power to grant them in the first place, specifies that they must.

      In a broader sense, because like all property laws, IP laws are a limitation on freedom that exists to promote a public good, not merely private good, and the public good that IP seeks to serve is best acheived by providing an incentive through a time-limited monopoly, and then returning the IP to the public domain, so that more people can use it freely. This creates an incentive to continuous innovation.

      (Other property laws are often not time-limited, but that is because other property is different than IP in its nature, and the public and private costs and benefits associated with keeping it exclusive are different. Though I've seen reasonable arguments that estates in land should not be permanent, either.)
    17. Re:There is a reason the Founding Fathers hated IP by ubuwalker31 · · Score: 1

      just because someone invented the fork (an American invention)
      What are you talking about? Kitchen forks trace their origins back to the time of the Greeks, who also used fork-like weapons called tridents.

    18. Re:There is a reason the Founding Fathers hated IP by WillAffleckUW · · Score: 1

      No, the use of the fork as a standard place setting, with the standard number of tines we use now, is a distinctly American invention.

      But you are correct in your description of the three-tined fork used for cooking (spearing) large chunks of meat (still in use in 2 and 3 tine versions in modern kitchens), and the two and three tine forks used in farming, and as weapons.

      But only in America did they see fit to increase the number of tines and use them in place settings, as opposed to as serving implements.

      Next thing you know you'll be denying the positive effects of songbirds cooked in flour for a good American breakfast ...

      [those who ignore history are doomed to invade the Fertile Crescent]

      --
      -- Tigger warning: This post may contain tiggers! --
    19. Re:There is a reason the Founding Fathers hated IP by radicalnerd · · Score: 1

      You could argue that the piracy of IP started with the Declaration of Independence. Imagine if Thomas Jefferson had been arrested and sent to trial for infringing the copyright on John Locke's Second Treatise of Government.

    20. Re:There is a reason the Founding Fathers hated IP by moderatorrater · · Score: 1

      I agree that copyright should be enforced, and I agree that it's wrong to download something instead of paying for it. HOWEVER, it's not rocket science to realize that when a law is unjust, people will react against it. The entire revolutionary war was an over reaction to taxes. Reform copyright then come bitching about the people who break it; until then everything looks tyrannical.

    21. Re:There is a reason the Founding Fathers hated IP by ls+-la · · Score: 1

      Can someone explain why copyrights and patents should expire? I'm being serious.
      Well first there is the U.S. Constitution, Article 1, Section 8.

      Congress shall have Power
      ...
      To promote the Progress of Science and the useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; ...
      They said it pretty well right there. The idea behind patents and copyrights is to promote progress, not profit. There are various different arguments lurking in there, especially patents in general and software patents in particular, but I'll just argue copyright at the moment, since that was the original subject.

      Let's take first an extreme example, and then move back towards the realm of reason: Do you really want to find Shakespeare's ancestors (or more likely nowadays, publisher) and pay them royalties for reading Hamlet?
      The Velveteen Rabbit and Ulysses are two of the last works to enter the public domain. Both were published in 1922, and both of their Authors died in the 1940s. It is perhaps reasonable to expect the authors to be paid for every copy sold during their lifetimes (although I'm sure they deserved more than what the publishers gave them, even in those days). It might even be reasonable to expect the children of the authors to receive some compensation for a short time after their parents died, say 5 years or until they turn 25, whichever is first. It is quite unreasonable to say that James Joyce's 75-year-old grandson should still have a continuing source of money, unaffected by inflation, from his grandfather's work.

      Now take the well-known British author Eric Arthur Blair. He published a book in 1949, and died in 1950. The copyright on this book will last until 1944. Explain to me why any author's great grandchildren should see royalties until 94 years after the death of a relative they were only distantly related to? This part is purely hypothetical; I could find no information on his only son. By the way, Eric Arthur Blair went by the pseudonym George Orwell, and in 1949 published Nineteen Eighty-Four. In the atmosphere the US government is creating, every good citizen should read it. Despite Orwell's death early in 1950, however, it remains under US copyright (but not in Russia or Australia).
    22. Re:There is a reason the Founding Fathers hated IP by WillAffleckUW · · Score: 1

      In any case it seems that even owning property in country where I live (Canada) is impossible.

      Then move. Noone is keeping you in your country where you live 10 years longer than we Americans.

      --
      -- Tigger warning: This post may contain tiggers! --
    23. Re:There is a reason the Founding Fathers hated IP by iamwahoo2 · · Score: 1

      Wrong question. The question is...Why should anyone be allowed to dictate to me what I can say or what I can own? The basic founding principles of this country imply that someone should have pretty darn good reasons for stripping us of those rights. From that point we can argue that it benefits society as a whole if I give up my right to copy and reproduce certain things for a limited period of time, but it does not benefit society to extend this limitation indefinitely. So copyrights should not extend indefinitely because it is not a fair trade for the sacrifice of my rights.

    24. Re:There is a reason the Founding Fathers hated IP by TodMinuit · · Score: 1

      That has never been the case and shouldn't be now.
      Why?
      --
      I wonder if I use bold in my signature, people will notice my posts.
    25. Re:There is a reason the Founding Fathers hated IP by DerekLyons · · Score: 1

      Claiming that slavery trumps the FACT that we specifically had LOWER IP standards in America,

      Any such claim is a product of your own imagination, as I made no such. The remainder of your reply is equally nonsensical.
    26. Re:There is a reason the Founding Fathers hated IP by cpghost · · Score: 1

      Can someone explain why copyrights and patents should expire? I'm being serious.

      Don't worry: they'd be non-expirable by now, if lawmakers thought they could get away with it... As soon as people start perceiving a law as excessive, they stop abiding by it. That's the one thing that is preventing lawmakers from getting too eager here. The other being that every extension of copyrights and patent terms can be negotiated and would provide them with a nice and constant stream of revenue... which would be much smaller otherwise.

      The official answer is, of course, not as cynical: Patents and copyrights are no birthrights, neither are they natural to human societies. In the history of mankind, they're a recent invention made in order to boost creativity by granting extra privileges to the inventors; privileges they never enjoyed in the past. That a whole ecosystem started growing on this so called "intellectual property" turf is not a legitimation of such laws.

      Big civilizations existed before without the need for copyright or patents; and artificially preventing widespread adoption of inventions may be the prelude to the decline of our own culture and civilization. As humans, we always learned and grew by copying and enhancing what our competitors have come up with. That's what civilization is really all about: it's not one giant market where people hoard ideas to themselves, it's about people getting more creative than others.

      In a world where patents and copyrights were non-expirable, nobody would EVER be able to build upon the common knowledge of men. We'd be forced to reinvent the wheel again and again, just to circumvent silly bureaucratic regulations. Instead of building up a pyramid of ideas ("standing on the shoulders of giants"), we'd be reduced to staying at the bottom with the most basic level of ideas, because stacking up two stones one on top of the other would be illegal. That's not what copyright and patent laws were originally intended to be. Once they've been stretched beyond recognition, that would have sealed the decline of our civilization.

      --
      cpghost at Cordula's Web.
    27. Re:There is a reason the Founding Fathers hated IP by Floritard · · Score: 2, Insightful

      I've actually never thought about it, which goes to show how indoctrinated this idea has become. It's pretty interesting actually. Imagine if all the characters that Disney creates were released into the public after 21 years. That would mean something like the Little Mermaid (1989), one of the last descent toons from that cursed studio, would almost be public domain today. Aside from all the tentacle porn past Disney characters would suddenly find themselves in, imagine the game of catch-up Disney would have to play. No longer able to simply rest on an ever engorged library of exclusive IP, they would be pushed to come up with more and more original material. All their previous stuff would be appearing in competitors' films and they'd have to actually work to maintain some sort of distinguising quality in their projects. And fuck Disney altogether, the original trilogy of Star Wars would have been completely available 3 years ago. We could have completely ignored the abortion of creativity that was Eps. 1-3. No doubt some community of people somewhere could come up with something much better independently. Public domain Jedi. I could almost run for president on the platform. Then again, it might possibly lead to a world of creative chaos with fictional universes clashing left and right. You wouldn't just be a fanboy of this or that mythology, but specifically this or that company's flavor of said mythology. No doubt the original proponents of copyright had no idea the iconic power that fictional characters would begin to take on in modern media.

    28. Re:There is a reason the Founding Fathers hated IP by sobachatina · · Score: 1

      Why should an entity be able to maintain rights to a work forever?

      If they can't then the work can potential enhance the creativity of society as a whole both by giving creative people more material to build from as well as by removing minefields in their path.

      If they can what do we get? One disproportionately wealthy person or corporation. This, in my opinion, is not just worthless but actually detrimental to society and creativity.

    29. Re:There is a reason the Founding Fathers hated IP by WillAffleckUW · · Score: 1

      law school undergrad, huh?

      --
      -- Tigger warning: This post may contain tiggers! --
    30. Re:There is a reason the Founding Fathers hated IP by DerekLyons · · Score: 1

      Nope. Just someone able to identify logical fallacies and weak arguments like in your first two posts.

    31. Re:There is a reason the Founding Fathers hated IP by WillAffleckUW · · Score: 1

      Or perhaps you just want to divert the discussion away from the original topic ...

      --
      -- Tigger warning: This post may contain tiggers! --
  17. Or even on voter fraud. by khasim · · Score: 4, Insightful

    In the grand scheme of things, chasing down KIDS who share mp3's just doesn't seem as important as establishing Federal guidelines for voting machines.

    1. Re:Or even on voter fraud. by AdmiralWeirdbeard · · Score: 4, Insightful

      Bah, when copyright is infringed, corporations lose money, and when corporations lose money, the terrorists win!
      Why do you hate Freedom so much?

      --
      Come read my stupid blagablog. Rants and Giggles
    2. Re:Or even on voter fraud. by mpe · · Score: 1

      In the grand scheme of things, chasing down KIDS who share mp3's just doesn't seem as important as establishing Federal guidelines for voting machines.

      It would probably be a better idea to eliminate them entirely. How about "legalise drugs, ban voting machines" as a radical idea?

  18. The headline should have been by iamacat · · Score: 4, Informative

    Justice department to crack down even harder on murders

    There are already ample penalties for copyright infringement and ways to shut them down. In fact, it makes no different for the guilty party if he is fined for $100M or $1B, since he will not be able to pay it off anyway. In the meantime, United States has a ridiculously high murder rate compared to other developed countries. Do any politicians up for election in 2008 care to address that? Like you know, stop sales of guns to mentally ill?

    1. Re:The headline should have been by cdrguru · · Score: 1
      1. Mentally ill people - those that have been declared legally "mentally ill" - can't buy guns at gun stores today.
      2. Criminals buy guns on the street, not from legally-controlled gun dealers. Can't stop it without rounding up all the criminals. You can see how much success that is having.
      3. Declaring someone "mentally ill" is a pretty complicated process, at least as far as getting them legally committed to an institution. Back 50 years or so ago, it was much simpler. The police could arrest someone that was behaving oddly and then a doctor could look at them and say "Yup, he's nuts." and that would be the end of the matter. Committed for life.
        &nbsp
        Today it is a little harder that that because it is somehow thought that these people might have rights. Rights which in most cases supercede the rights of people not to be bothered and harrassed by the mentally ill. So we have panhandlers on the street which are clearly mentally ill but cannot be institutionalized because it would "take away their rights". You also have mentally ill people going on shooting sprees. Perhaps the pendulum has swung too far the other way?
        &nbsp
        Anyway, the point is until someone is legally declared mentally ill they have rights, including the right to buy guns. If you managed to make all gun sales illegal, you would will have people buying guns. It would just be illegal. So when you caught them you could charge them with another crime - buying a gun - in addition to whatever they did with the gun. Pointless.
    2. Re:The headline should have been by iamacat · · Score: 1

      1,2. RTFNEWS

      3. Declaring someone mentally ill doesn't have to be an all-or-nothing state. There is nothing wrong with having a policeman and a psychiatrist present at a gun permit interview and judging that person to be of sound mind, calm disposition and having a legitimate use for the kind of gun they are planning to buy as well as skills to use and safeguard it properly (the last would do something to address black market). If they fail, they walk away with a pepper spray.

      I realize that this is a challenging project. Perhaps Justice department should suspend their work on additional copyright infringement penalties in order to focus the necessary resources in that direction.

    3. Re:The headline should have been by DamnStupidElf · · Score: 1

      1,2. RTFNEWS

      In response to 2, I'm assuming you are referring to how Cho bought guns legally. Well, guess what, he wasn't a criminal when he bought the guns. He also was not violent, as far as I have heard. So what should stop him from buying a gun that would not stop, say, Stephen King from buying a gun? Both people wrote disturbing and violent stories. Which one is a criminal is only apparent after a criminal act has been committed. The fact that most people who write violent or disturbing stories do not go out and kill people implies that we shouldn't ban selling guns to authors of violent fiction. What the hell do you want, thought police or something?

      3. Declaring someone mentally ill doesn't have to be an all-or-nothing state. There is nothing wrong with having a policeman and a psychiatrist present at a gun permit interview and judging that person to be of sound mind, calm disposition and having a legitimate use for the kind of gun they are planning to buy as well as skills to use and safeguard it properly (the last would do something to address black market). If they fail, they walk away with a pepper spray.

      There's nothing wrong with a policeman and a psychiatrist waiting at the courthouse to evaluate the personalities of people getting engaged either, is there? They can apply some simple tests and tell them if they can get married or not, based on the statistical likelihood of spousal abuse. Additionally, hospitals should have a policeman and a child services case-worker at the maternity ward to seize children of potential "problem" parents (determined by a simple interview) immediately as well. Additionally, everyone getting married or having children should undergo extensive training in how to be properly married or raise children. Failure just means not getting to be married or procreate, no biggie. After all, way more people are victims of domestic abuse than of gun crime!

    4. Re:The headline should have been by iamacat · · Score: 1

      Marriage affects only the two consenting adults and their several offsprings. A guy buying a gun however is contemplating killing some unrelated people in certain situations, possibly me. So it's our right as a society to examine his reasoning and try to make sure that these situations are justifiable and plausible. Cars can also be bought on black market, and yet states license drivers and make the car dealers ask me for my license. I have to pass a test to prove that I will be a responsible driver. And my license can be revoked for reasons other than legal insanity or committing a crime, for example for getting too many tickets. I fail to see how guns are any less dangerous than cars or how more people need them in their lives.

    5. Re:The headline should have been by merreborn · · Score: 1

      There are already ample penalties for copyright infringement and ways to shut them down. In fact, it makes no different for the guilty party if he is fined for $100M or $1B, since he will not be able to pay it off anyway.


      Actually, some of the guys who sell pirated software online end up netting a profit, even after prosecution and fines. There is some need for a crackdown on those guys -- right now, the crime of selling pirated software pays. As evidenced by the boatloads of "PHOTOSHOP CS3 READY FOR DOWNLOAD" spam messages flooding inboxes this month.

      From the wording in TFS(ummary), it sounds like these are likely the guys they have in mind. Not college kids downloading MP3s.
  19. BushCo Is Scrambling To Exploit Other News by NeverVotedBush · · Score: 0, Offtopic

    Check CNN - Bush is out stumping *against* greenhouse gas emissions. His oil-based corporate masters are having to take a back seat to Bush finding some kind of bandwagon that has public support that he can ride the coattails of. The same for Gonzales - they need every shred of positive press they can get right now.

    With stories about how all those e-mails Gozales said didn't exist being leaked by insiders (http://news.nationaljournal.com/articles/070510nj 1.htm), and three US soldiers captured and most likely being tortured/killed, BushCo is pulling out the stops.

    Hell, George might even roll Cheney over and sacrifice Rove for the Plame leak the way things are going.

    The republicans running in the primary must really be proud.

    1. Re:BushCo Is Scrambling To Exploit Other News by drinkypoo · · Score: 1

      Hell, George might even roll Cheney over and sacrifice Rove for the Plame leak the way things are going.

      Makes sense. They're about out of black men to sacrifice.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  20. Where are your values? by Anonymous Coward · · Score: 0

    This is the guy who (amongst other things), OK'd torture and thumbed his nose at the Geneva conventions on behalf his masters and you people get all upset about his copyright stance? Talk about a moral abyss.

    1. Re:Where are your values? by twilight30 · · Score: 1

      That was my point.

      --
      ========================================
      Death will come, and will have your eyes
      -- Pavese
  21. Punishment by NotFamous · · Score: 1

    Apparently, there is talking of requiring 90-95% of all computer users to run Microsoft Windows as punishment.

    --
    Some settling may occur during posting.
    1. Re:Punishment by Anonymous Coward · · Score: 0

      You seem to have forgotten the "Oh, wait..." part.

  22. Re:Drop the hammer on them by iknownuttin · · Score: 5, Funny
    We need some sort of "three strikes, your out" law for this.

    Absolutely!

    If you get caught smoking pot or drinking under age.

    Then sex with a minor (even if you're one too): 17 yr old sex with 15 yr old - 10 years

    And downloading a song. Why you should die! Put to death! Because the law is the law and laws are just and true! Why, all of the lobbyists in Washington just want what's best for us and so do our legislators.

    And if it's illegal then that means it's EVIL and must be banned because our politicians are infallible! It's inconceivable that they would even make a mistake and violate our liberties. Why, if you disagree with the law, you're unAmerican and HATE freedom!

    --
    I prefer Flambe as apposed flamebait.
  23. Vote with your ballots by Anonymous Coward · · Score: 0

    And when that fails, you can vote with your feet.

    After all, if Congress isn't working for you, why are you working for them?

    1. Re:Vote with your ballots by tepples · · Score: 1

      vote with your feet. Which country would you recommend?
    2. Re:Vote with your ballots by myspace-cn · · Score: 1

      Costa Rica, Guatemala, Mexico, New Zealand, Canada, Ireland, Netherlands, Sweden, Germany, there's a lot of places, that are less fucked up than the US right now.

      The sad thing is I am a veteran, I helped fight for this country. And in the last 6 years, I have seen every constitutional amendment get trashed by this group of criminals in the whitehouse, I've watch them spew the corruption over into every fucking branch of government, and when that wasn't enough, the created NEW branches!

      So fuck all that. There are places to go.
      My family, is quite a few generations, DAR, even a president is in my bloodline, and I joined the service for patriotic reasons, but I don't see a way out anymore, until these fucking electronic voting machines are squashed under a heavy fucking squasher. You can't count, what you can't see. "We the people" have been raped. It's only going to get worse. Take nafta, and gat, and the other new shit legislation. Yet you CAN NOT buy drugs from Canada? wtf? you should hit your fucking local rep's every day bitching about that. But then there are other things you should be bitching about too.

      Bottom line is you HAVE LOST YOUR RIGHT to vote.

  24. Just goes to show the direction of our country by Ambush+Commander · · Score: 2, Informative

    I recently read an article on the New Yorker discussing how the United States strong-arms other countries into adopting our own stringent Intellectual Property laws. It just goes to show the continued stance of our government in this area of policy, a stance that is not going to change any time soon. ::sigh::

    1. Re:Just goes to show the direction of our country by drooling-dog · · Score: 1

      As the U.S. bleeds itself deeper and deeper into debt to the rest of the world (e.g., China), you have to wonder how long it will be able to keep the arm-twisting going. It's sure to be a Big Surprise to us when other countries start to notice that the bully isn't as big as he used to be. They never do see it coming.

    2. Re:Just goes to show the direction of our country by Anonymous Coward · · Score: 0

      Not only was South Korea forced to adopt US copyright and patent laws..aka "IP laws", but they were forced to open up their theatres to gain American movies more territoy.

      Hmm, I wonder who was responsible for getting that into the Free Trade Agreement. Add another point to the US government pandering to the *IAA column.

  25. The Gonzales exit strategy: work for the RIAA by Lengyel · · Score: 1

    Instead of grandstanding to curry favor with a few movie and recording industry executives, so that he'll have a place to work after he resigns, Gonzales ought to read Against Intellectual Monopoly, by economists Michele Boldrin and David K. Levine. And then he should resign.

  26. What a schmoe! by Trailer+Trash · · Score: 4, Funny

    Doesn't Gonzalez realize that this sort of corporate pandering won't happen now that we have Democrats in charge of congress?

    1. Re:What a schmoe! by whoever57 · · Score: 1

      Doesn't Gonzalez realize that this sort of corporate pandering won't happen now that we have Democrats in charge of congress?
      If you think that Nancy Pelosi won't support corporations in Hollywood, you are sadly mistaken.
      --
      The real "Libtards" are the Libertarians!
    2. Re:What a schmoe! by NeverVotedBush · · Score: 1

      Sadly, you are probably correct. The only difference between Republican and Democrat politicians seems to be who they owe their favors to. The ones left holding the bag are U.S. citizens.

    3. Re:What a schmoe! by jfern · · Score: 1

      Democrats aren't quite as pro-corporate as Republicans. But yeah, the DLC is responsible for there being 2 pro-corporate parties in this country.

    4. Re:What a schmoe! by DannyO152 · · Score: 1

      I live in a Southern California district that will vote Democrat until that party get us into a stupid war. My Congress-critter is chair of a committee and doing real good work. He will support Hollywood on any request because they've been there for his fund-raising for years. Feinstein, our Senator, is co-sponsoring Hollywood-friendly copyright legislation as we speak. It's a problem, because sane copyright and patent laws do not fit into the liberal theology (though it should, it's up there with good public education and government support of the arts and sciences as ways to make it easier for the future to arrive.)

  27. Re:Drop the hammer on them by jamstar7 · · Score: 3, Insightful

    If you're referring to the Attorney General, I agree 100%

    I've always been a supporter of two-term presidents (and their staffs):

    One term in office.
    One term in jail.

    --
    Understanding the scope of the problem is the first step on the path to true panic.
  28. To foster innovation. by khasim · · Score: 1

    Can someone explain why copyrights and patents should expire? I'm being serious.

    In exchange for governmental protection of your monopoly for a period of time, you will release the material to society as a whole.

    That way people can FREELY build upon your work and society, as a whole, can further benefit.
  29. We Should Ask Alberto Which is More Important... by NeverVotedBush · · Score: 1

    Holding those accountable who lie to Congress during sworn testimony about subversion of the Justice Department for political gain... or chasing after a kid that downloaded some mp3 files by (cough, wheeze) Metallica.

  30. Who CANT see the giant SOLD sign by Adambomb · · Score: 1

    "These crimes, as we all know, also have a direct impact on our economy, costing victims millions of dollars and, if left unchecked, diminishing entrepreneurship," Gonzales said in announcing the bill. As we all know? As opposed to "As some purport", or more neutrally "As some claim"?

    Thats a loaded statement to not include any data pertaining to the actual statement itself. Last I checked percentage of convictions has little to do with the impact of the crime itself. Shouldn't one be looking at those convictions and wonder why 43% of cases turn out
    with NO conviction? That seems like a pretty high percentage of total cases.

    Wouldn't a more useful action be to find out why almost half of all cases do not result in conviction and see if reform can reduce the load on your courts? This entire piece seems to just be an advertisement stating "This message brought to you by: Your friendly neighborhood vexatious litigator.
    --
    Ice Cream has no bones.
  31. You think infringement is trivial? by Mahjub+Sa'aden · · Score: 2, Interesting

    Your government believes that intellectual property is important, and for the most part, they're exactly on the money. Part of America's progress as a world power (if not hegemony) is its exports in information.

    Imagine, if you will, that you are leading America in an age where manufacturing has become either trivial and moved offshore, or incredibly complex with the use of robotics and other such things developing nations are not yet good at. What would you do? Intellectual property, even if you don't agree with the term, is important; and although we primarily see lawmakers' views on the issue extending to DRM, audio, and video piracy, I don't think that's their only consideration.

    America's cultural exports are powerful and at least worth protecting in some way. But it's more than that. It's about maintaining a leading role in research, development, technology, infrastructure, information technology, and a host of other things. And even though I think the US could use a hell of a lot better implementation to achieve these ideals (especially in regards to the next generation and their schooling), I have to agree that IP infringement is an important issue, and a complex issue.

    --
    What is is all that is. Isn't that obvious?
    1. Re:You think infringement is trivial? by darkuncle · · Score: 1

      I think copyright infringement is trivial in comparison to the other problems facing our nation at the moment (in case the initial sarcasm was somehow overlooked).

      I think that even in the unlikely event that the Justice Dept. is acting for purely altruistic purposes, this action cannot help but cast them as little more than the enforcement arm of the entertainment industry.

      I think that if industry (software, entertainment and otherwise) spent more time and money innovating and less time protecting and growing the deterrent power of their patent portfolio, consumers would be better off.

      I think that artists (digital and otherwise, regardless of medium) have a right to reasonable compensation for their work, for a limited time, to encourage innovation before works fall into the public domain. I think that the intent of copyright and patent law has been almost entirely subverted by corporate interests, and that individual artists (in the case of copyrights) or engineers (in the case of software patents) receive little to none of the compensation those systems were created to ensure.

      Mostly, I think that our federal law enforcement has a HOST of better things to be doing with its time (and our money) than pursuing an ultimately futile attempt to shore up a failing business model for an industry that is so busy looking backward that they can't be bothered to produce something people are willing to pay for.

      (agreed that IP is an important and complex issue, but I think that in the US at least, we have spent decades with the government erring in a heavy-handed manner on the side of protection for rights holders, at the expense of encouraging innovation.)

      --
      illum oportet crescere me autem minui
    2. Re:You think infringement is trivial? by darkuncle · · Score: 1

      (yes, I did conflate copyright and patents. Part of that was intentional, but I should probably have split some of that off into a separate comment/thread.)

      --
      illum oportet crescere me autem minui
    3. Re:You think infringement is trivial? by mOdQuArK! · · Score: 1

      Your government believes that intellectual property is important, and for the most part, they're exactly on the money. Part of America's progress as a world power (if not hegemony) is its exports in information.

      Yeah, nothing says "World Power" like basing a big chunk of your economy on a fundamentally-artificial business model. Especially when it's so easy to enforce it on other countries who might not agree with that business model.

      Imagine, if you will, that you are leading America in an age where manufacturing has become either trivial and moved offshore, or incredibly complex with the use of robotics and other such things developing nations are not yet good at. What would you do?

      Well, I dunno - we could, like, try and do that stuff better than other countries? You know, _compete_? Or has that become a taboo subject nowadays? I know! We can force the other countries to follow our arbitrary IP rules for no benefit to themselves! I'm sure they'll go for that!

      It's about maintaining a leading role in research, development, technology, infrastructure, information technology, and a host of other things.

      I guess it's lot easier to try and suppress the innovation in other countries by "tricking" or browbeating them into following our IP rules than it is to try and beef up our own society to be able to compete with them. Frankly speaking though, if a country has to compete like that, it's only a matter of time before that country will become another has-been power while the countries concentrating on REAL innovation pass them up.

      The U.S. did it to Europe during the Industrial Revolution, and now China is doing it to the U.S. If the U.S. leadership or public had any sense of history, we'd get our asses in gear & make the societal investment to be able to stay competitive, but all we've got right now are people like you who think that the U.S. is somehow entitled to control the information flow to the rest of the world.

    4. Re:You think infringement is trivial? by KudyardRipling · · Score: 1

      If the above individual is a U.S. citizen, he has absolutely no place as a juror in an intellectual property case. Make certain the the jury control officials in his district know about this. It is the duty of every American to root out rubber stamp jurors.

      --
      Submission as evidence constitutes plaintiff and/or prosecutorial misconduct.
  32. Hmm... No. by DerekLyons · · Score: 2, Interesting

    That's all well and dandy for those pirates who actually make money off of piracy- but that's a small percentage of the pirates out there. The grand majority are either making use of what used to be considered fair use: Mix CDs and tapes for friends, backups of media purchased legally, copies for educational use, etc.

    Of the three things listed - only one has ever been considered (under the law) to be fair use. To wit: making backup copies. (C'mon, handing out mix tapes? That's distribution - that's distribution, which is about as blatant as copyright infringement comes.)
    1. Re:Hmm... No. by Anonymous Coward · · Score: 0

      You're right of course, although your insightful viewpoint doesn't conform much to the /. knee-jerk reaction. I shake the feeling that this new law is going to be used more against Joe "burning CD's for my buddies" Sixpack than it will be against corporations who make millions infringing copyright/IP (I'm looking at your software industry).

    2. Re:Hmm... No. by Marxist+Hacker+42 · · Score: 1

      Under the law != popular tradition, by a long shot. Which to me says there's a horrible problem with the way we make laws in this country.

      I committed that first act of piracy (making of a mix tape to give to a friend) in the sixth grade, to a girl who I had some affection for (affection that wasn't returned). She found it creepy...Ah, nerds in love.

      That was 22 years ago of course, and there's definately a quality difference between a mix tape and a CD; but we considered it fair use back then. Of course, that was to a single person- and I'm sure it ended up in the trash in the next week.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    3. Re:Hmm... No. by hab136 · · Score: 1

      Of the three things listed - only one has ever been considered (under the law) to be fair use. To wit: making backup copies. (C'mon, handing out mix tapes? That's distribution - that's distribution, which is about as blatant as copyright infringement comes.)

      Distributing mix tapes is obviously illegal. Making your own for your own use is not. If you copy a bunch of songs from different CDs onto one CD, and then use that in your car, there's nothing illegal about that, since it's not distribution. Various trade organizations would like you to think it is, because then they can sell you another copy.

      As for educational use - yes, copying for library/educational use is one of the fair use exemptions. See below.

      Since you're batting 1 for 3, you should probably read up on fair use, from the US Copyright Office:

      http://www.copyright.gov/fls/fl102.html
    4. Re:Hmm... No. by DerekLyons · · Score: 1

      As for educational use - yes, copying for library/educational use is one of the fair use exemptions.

      Not by individuals, and certainly not of an entire work, nor for distribtion.
       
       

      Since you're batting 1 for 3, you should probably read up on fair use

      I have no need of reading a FAQ - as I've actually studied fair use, which you blatantly have not.
    5. Re:Hmm... No. by hab136 · · Score: 1

      As for educational use - yes, copying for library/educational use is one of the fair use exemptions.
      Not by individuals, and certainly not of an entire work, nor for distribtion.

      Right, individuals distributing entire works would have a hard time claiming educational use. Nobody said they could - just that copying for educational use is one of the fair use exemptions. That exemption is really only usable by (surprise!) educational institutions.

      I have no need of reading a FAQ - as I've actually studied fair use, which you blatantly have not.

      I'd love to see the sources you used to study, especially if they're more authoritative than the U.S. Copyright Office's FAQ I linked to.
  33. NOT the will of the majority. by Anonymous Coward · · Score: 0

    The majority does not want stronger copyright protections in this country. They want stronger copyright protection of American copyrights abroad, yes--and they do want artists to get paid for good work. They want there to be an incentive for financial backers to produce major projects, yes. But they don't want the backers to get outrageous returns by suing everyone's pants off. Only the nudists want that.

  34. Stronger Punishments Except: +1, Interesting by Anonymous Coward · · Score: 0

    for these Thugs.

    Vigiliantingly yours,
    Philboyd Studge

  35. Re:Drop the hammer on them by Lithdren · · Score: 1

    YES! Finally, someone with a clear view on the situation! Bush and Co are out for our interests!!

    Four more years! Four more years! Wait, what do you mean its illegal for bush to be president again?

    What!? No Im not evil, I didn't even realize...stop it! Dont take me to Jail, I didn't do anything wrong! What the hell is that fommmmMMmHHMM!

    MMMhhhmmmm MMmmHHhhhMMm Hmmmm!

  36. Wrong again. by DerekLyons · · Score: 1, Troll

    The laws are to protect the citizens. The citizens do not want strong copyright punishments. That is what the big media corporations want.

    Wrong again. This citizen wants strong copyright punishments - because he believes in copyright law and intellectual property. Many Slashdoters don't want such protection because they (mistakenly) assume their percieved (I.E. self assumed and created out of thin air) rights trump everyone elses rights.
    1. Re:Wrong again. by QuasiEvil · · Score: 5, Insightful

      Hrm, not sure to write you off as a troll or respond, but ah, what the hell, I'll respond. Like many of us, I'm not anti-copyright. I firmly support the rights of an artist or inventor to control their work for a limited time in order to profit from it. (For reference, I'm both. I hold two patents, and I'm a published semi-professional photographer in my spare time.) The problem is that copyright was originally a deal struck between the general populous and the creative folk - the deal being that the creators get limited exclusivity in exchange for the eventuality that their creation will fall into public domain. This is the foundation of the US Constitution's core intellectual property provision: "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."

      The problem is that the deal has become lop-sided. There's no way that an author's great grandchildren holding the rights to his writings up to 70 years after he died promotes the progress of science or the useful arts. That's just called greed. The author doesn't create more if he knows his distant descendants will still be extorting money for almost a century after he kicks off.

      Arguably, the public domain is also vitally important to progress. Think about all the inventions that would have been lost or the massive inflation of prices (due to royalties) if patents were essentially perpetual as well. Think about historians in 100 years, trying to figure out if they can reprint a photo out of fear that someone, somewhere will show up and demand royalties because the photo was taken by their great-great-grandfather. It's already a nightmare figuring out reproduction rights.

      The system is broken, and stronger penalties won't fix it. Existing punishments are adequate if enforced against the real problem - large scale commercial piracy. Sane copyright terms, in conjunction with media companies not treating customers like felons, would be a good start.

    2. Re:Wrong again. by networkBoy · · Score: 1

      I'll trade you strong and enforced (C) protection if you'll give me DRM and rootkits.
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    3. Re:Wrong again. by Mr2001 · · Score: 1

      Many Slashdoters don't want such protection because they (mistakenly) assume their percieved (I.E. self assumed and created out of thin air) rights trump everyone elses rights. I don't want such "protection" because I don't believe anyone deserves veto power over another person's free speech. You have no right to stop me from saying a sequence of words just because you said the same sequence of words earlier. It's not about my rights being more important than yours, it's about your alleged "right" to prevent copying of numbers being ridiculous, unnecessary, and stifling innovation.
      --
      Visual IRC: Fast. Powerful. Free.
    4. Re:Wrong again. by tcc3 · · Score: 1

      There's respect for copyrights and then theres a government funded bilge pump for a sinking ship. Its not the governments place to protect antiquated and failing business practices.

      The music industry has been bending people over for the last 100 years. Now, as times have changed they want to artificially keep their stranglehold on the industry. Even if that means making basic rights like fair use a thing of the past.

      Its time they quit picking on grandma's and college kids and put that engergy into successfully promoting and selling music in the 21st century.

      Things will never be like they were. But theres still a fortune to be made.

    5. Re:Wrong again. by servognome · · Score: 1

      You have no right to stop me from saying a sequence of words just because you said the same sequence of words earlier. It's not about my rights being more important than yours, it's about your alleged "right" to prevent copying of numbers being ridiculous, unnecessary, and stifling innovation.
      Fair use is part of copyright law. There are a number of ways you are allowed to innovate using same sequence of words, parody, derivative works, education, etc. If you are using the same sequence of words just to repeat them, then you are not innovating.
      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    6. Re:Wrong again. by Macadamizer · · Score: 1

      The problem is that the deal has become lop-sided. There's no way that an author's great grandchildren holding the rights to his writings up to 70 years after he died promotes the progress of science or the useful arts. That's just called greed. The author doesn't create more if he knows his distant descendants will still be extorting money for almost a century after he kicks off.

      While I agree with you, this is pretty irrelevant when you consider that the bulk of pirated copyrighted material -- and by pirated, I include the "pro" pirates as well as file-sharers doing for reasons other than profit -- is stuff the has been around for less than 20 years, so unless you are considering a very short copyright term, changing the term isn't going to change the state of infringement.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    7. Re:Wrong again. by cpt+kangarooski · · Score: 1

      Meh. I'd say that patent law is what's concerned with innovation. Copyright law is instead interested in originality, which is not the same thing.

      Besides, while you might disagree with the earlier poster as to how well his proposal serves the public good as compared to yours, he has a valid enough position.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    8. Re:Wrong again. by Anonymous Coward · · Score: 0

      Copyright became a complete joke after the Sonny Bono act where they screwed the people by extending copyright past the agreed upon timeframe.

      They don't respect my rights in that agreement, so why should I respect theirs?

    9. Re:Wrong again. by triffid_98 · · Score: 1
      I agree completely. Based on a 20 year copyright window most piracy is still punishible, but it's also terribly important to consider the medium that the content was distributed on.

      If you are talking spiderman DVD's, odds are quite high they'll be perfectly recoverable in 20 years.
      If you are talking quadraphonic 8-track recordings, odds (with useable fidelity) are fairly low.
      If you are talking floppy disk or tape based software, odds are effectively nonexistant.

      I realize this is a moral argument and not a legal one, but I for one am all in support of archivalists violating copyright to preserve art. Just like I'm in support of Tony the Pirate distributing copyrighted works that the owner has chosen not to distribute any longer.

      The problem is that the deal has become lop-sided. There's no way that an author's great grandchildren holding the rights to his writings up to 70 years after he died promotes the progress of science or the useful arts. .... While I agree with you, this is pretty irrelevant when you consider that the bulk of pirated copyrighted material -- and by pirated, I include the "pro" pirates as well as file-sharers doing for reasons other than profit -- is stuff the has been around for less than 20 years, so unless you are considering a very short copyright term, changing the term isn't going to change the state of infringement.
    10. Re:Wrong again. by EzInKy · · Score: 1


      Wrong again. This citizen wants strong copyright punishments - because he believes in copyright law and intellectual property. Many Slashdoters don't want such protection because they (mistakenly) assume their percieved (I.E. self assumed and created out of thin air) rights trump everyone elses rights.


      Acquiring and sharing information is an inherit human ability that is as natural as walking upright. It is how people pass knowledge and culture from one generation to the next.

      --
      Time is what keeps everything from happening all at once.
    11. Re:Wrong again. by Rakarra · · Score: 1
      If you are talking spiderman DVD's, odds are quite high they'll be perfectly recoverable in 20 years.

      You'd be surprised. My Spiderman 2 DVD developed bad sectors as I discovered to my dismay after trying to play it the other night. It was stored pretty carefully too, no scratches or fingerprints..

    12. Re:Wrong again. by Mr2001 · · Score: 1

      There are a number of ways you are allowed to innovate using same sequence of words, parody, derivative works, education, etc There are also a number of ways I'm not allowed to innovate. Remixes, mash-ups, sampling, fan fiction, etc. can only be done legally by begging or bribing for permission, and even parodies aren't entirely safe. See the Grey Album, Dylan Hears A Who, and The Wind Done Gone for examples of copyright stifling new art. For examples of copyright stifling innovative ways to enjoy existing art, see the DVD releases of old TV shows whose original soundtrack had to be ripped out because the rights couldn't be re-obtained.

      If you are using the same sequence of words just to repeat them, then you are not innovating. Please note that "stifling innovation" was only one of my objections. Just because some speech isn't innovative doesn't mean it should be prohibited either.
      --
      Visual IRC: Fast. Powerful. Free.
    13. Re:Wrong again. by SirSlud · · Score: 1

      Copyright was created 'out of thin air', and very few people believe that copyright law shouldn't exist. The purpose of copyright law is to balance the needs of society with the belief that the author should retain limited control of his work.

      Read that again. Limited. Even Disney, at one time the most powerful media company in the world, doesn't go around publicly trying to convince people that infinite-term copyright is the right solution because they know it just wouldn't fly. Its not in the spirit in which copyright law was created or is meant to be promoted.

      You somehow believe people think this is a matter of an individual right; 'many slashdotters', to use your extremely specific and technical term, believe that at some point, when copyright law favours the creator too much, it ceases to promote the creation of artists works and protect common culture. You know, at some point, even if we all agree that shoplifting is bad, saying that you think punishment should be having your balls chewed off by an alligor would have put you squarey on the opposide side of the spirit of the past century of western judicial and political institutions you have your economic and political stability to thank for.

      Even if I've been gloriously been trolled, if this message can reach just one person who has herefore not seen copyright law put in its correct historical context, I'll be happy.

      --
      "Old man yells at systemd"
    14. Re:Wrong again. by JCCyC · · Score: 1

      Your surname isn't strange.

      Aren't you from one of those law firms that throw C&D letters around to people who make websites referring to entertainment things in ways the media companies don't like?

    15. Re:Wrong again. by JCCyC · · Score: 1

      Even Disney, at one time the most powerful media company in the world, doesn't go around publicly trying to convince people that infinite-term copyright is the right solution because they know it just wouldn't fly.

      Ahhhh, but Jack Valenti did. Because he was a moron. And now he's dead. Which makes me happy. But not too much, because it took WAY too long.

    16. Re:Wrong again. by SirSlud · · Score: 1

      You're missing the point; fair use is fair use. Its allowed. You and the parent poster should really be discussing the strengths granted to authors and the punishement to violators.

      Fair use is fair use. Lets talk about 'punishment fitting the crime', not what we're still permitted to do.

      "You're not innovating" is not something up to you, its up to the judicial system in the very same way that, "You're not physically abusing your spouse" is up to them. We vote for rational people who spend their lives studying this stuff. It seems awfully simplistic to think that "using the same sequence of words" violates copyright law. Define how long a sequence is. Define the purpose, socially and commercially of using those words. Etc, etc. We'd end up with the legal code, as defined by you. Hes not entirely wrong, and neither are you. But man, I find the verb 'innovating' annoying. The most important discoveries of the past 200 years did not occur in a vacuum, so when will we just admit that 'innovating' should be replaced with 'successfully claiming invention of'.

      --
      "Old man yells at systemd"
    17. Re:Wrong again. by jafac · · Score: 1

      The system is broken, and stronger penalties won't fix it.

      Which part of the system are you talking about?

      The part that's there to make authoritarians happy? Authoritarians who believe in the principle that "if your horse won't gallup, that just means you aren't beating it hard enough." - That there's a "right" and a "wrong" - and if simply stating what is right and wrong doesn't work to preserve a worldview, then steeper punishment is necessary to enforce it, and if wrong still happens, that just means you're not punishing hard enough.

      Keeping these folks happy is hard work. But necessary for re-election. Just like spending billions on "airline security" makes people feel safer, so they'll risk flying, even if they're not really any safer. Just like spending hundreds of billions on a war, and torture, to make people feel empowered against "those dirty terrorists" - even when they're NOT more empowered.

      Of course all this is hard work. For the taxpayers who have to pay for it all.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  37. bring it on, morons by circletimessquare · · Score: 4, Insightful

    in one corner, well-moneyed corporate interests with lawmakers and enforcers in their pockets

    in the other corner, legions of poor, borderless, highly motivated, technically astute, and media loving teenagers who couldn't give one rats ass about the bloated overreaching joke that copyright law in this country has become, because it is way beyond speaking to them in the language of right and wrong

    copyright law is WAY beyond protecting the artist's rights when you can't play "happy birthday" on a piano without the need to pay someone/ get permission, and mickey mouse will NEVER be in the public domain. the idea is to strike a balance between the common good and the rights of the artist. but moneyed middle men have stuck a big fat finger on that scale, and it's permanently imbalanced. in other words, copyright law is broken, corrupt, insoluble, dead

    poor teenagers versus corporate interests. it's not even a blink of an eye who will obviously win: the teenagers

    the future of ip law in the usa is china: lip service played to the idea at official levels, some high profile demonstration busts that don't change a thing, and rampant complete ignorance of and ignoring of ip law on the street

    copyright is dead. corporations killed it by not playing fair and only looking for some more $ at the expense of our common cultural riches. you can't measure common cultural riches on the corporate ledger, so it never got a fair reckoning in the boardroom. the result: complete disconnect between law and reality

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:bring it on, morons by WillAffleckUW · · Score: 1

      I regret that I have but one USB Flash Drive MP3 player to give for my country!

      --
      -- Tigger warning: This post may contain tiggers! --
    2. Re:bring it on, morons by kat_skan · · Score: 1

      in one corner, well-moneyed corporate interests with lawmakers and enforcers in their pockets

      in the other corner, legions of poor, borderless, highly motivated, technically astute, and media loving teenagers who couldn't give one rats ass about the bloated overreaching joke that copyright law in this country has become, because it is way beyond speaking to them in the language of right and wrong

      They don't need to defeat the legions of media-loving teenagers. They just need to defeat one. Just you. The way this works is, they put laws on the books that make criminals out of the entire population. Then whenever they need to pin something on you, there's a de facto conviction right at hand. It doesn't have to be an effective way to stop piracy, since it's really not about stopping piracy at all.

  38. good purchase by AlgorithMan · · Score: 1

    it was a smart move, to buy that law, dear MAFIAA
    THAT will REALLY get people to buy more CDs again...

    --
    The MAFIAA is a bunch of mindless jerks who will be the first up against the wall when the revolution comes
  39. In related news... by krunoce · · Score: 2, Informative

    The #2 man in the DOJ, Paul McNulty, just submitted his resignation to Gonzales.

  40. He is embattled by Anonymous Coward · · Score: 0

    Here are a couple of links. Gonzales is losing support all over the place. There are lots of reasons to impeach him.
    http://www.democrats.com/peoplesemailnetwork/94
    http://news.yahoo.com/s/ap/20070514/ap_on_go_ca_st _pe/fired_prosecutors_resignation;_ylt=Ar4oJH7Anyl 79457otQRniyyFz4D??????

  41. Who is this aimed at? by queenb**ch · · Score: 1

    Does this mean that the RIAA will quit going after college students who are downloading music for their own use? Does this mean that the RIAA will start going after people who frequent every train and bus stop I see selling home-made compilations of music and movies that are sold on plain jane spindle discs (CD's and DVD's)?

    2 cents,

    Queen B.

    --
    HDGary secures my bank :/
    1. Re:Who is this aimed at? by adona1 · · Score: 1

      Yeah....I really wish the zomgp1r8s!! brigade would realise the difference between downloading a film or TV show for your own use, and running a market stall where pirated DVDs and CDs are sold for profit.

      Kind of like the difference between robbing the rich to feed the poor, and robbing the rich to get richer. Except with fewer Merry Men.

      --
      Between the falling angel and the rising ape
    2. Re:Who is this aimed at? by digitrev · · Score: 1

      Yeah. But they don't see a difference. To them, your motives are irrelevant, it's the actions that count. And that's how the law will see it as well.

      --
      Cynical Idealist
  42. And because it's all legal... by Maury+Markowitz · · Score: 1

    > 'hit criminals in their wallets' ...with an electric shock machine.

  43. Fair is fair by Intron · · Score: 2, Interesting

    I think there's nothing wrong with getting tough on illegally using IP as long as it is extended to include my personal information. I should be able to sue Exxon-Mobil when they "file share" my data with Chase Manhattan or Citigroup. My life is my performance art and all description of it is my copyright. Let's ask the AG what he plans to do about TJX illegally sharing the data of thousands of their customers on the internet.

    --
    Intron: the portion of DNA which expresses nothing useful.
  44. Re:Look over there! Pirates! and Ninjas! by Tuoqui · · Score: 4, Insightful

    Nope no corruption here... Not until you see Copyright violators getting more jail time than murderers and rapists... oh wait I think they already do (well the rapists atleast).

    --
    09F911029D74E35BD84156C5635688C0
    +2 Troll is Slashdot's way of saying groupthink is confused
  45. Department of Justice? by ThoreauHD · · Score: 0, Troll

    If anyone here has been to a courtroom, you will quickly understand that justice doesn't exist. It's the Department of Law, and the laws of men are bought and sold on an open market by the highest bidder.

    So keep prosecuting people for understanding information. One day soon that sword will swing towards your head. But before that happens, you might want to accept a few more resignations for legally felonious acts against your fellow man. Btw, the DOJ is hiring Sysadmin's if anyone is interested. I'm not, so have at it.

  46. Maybe Alberto Should Clean His Own House First by Greyfox · · Score: 1
    Judging from his performance in Congress recently, Gonzales is highly inept at best or a key player in an administration conspiracy to subvert the political process in this country to the benefit of the neocon movement at worst. Possibly both -- if the administration were more choosy about the credentials of the people it appoints then perhaps their conspiracies would have more chance of success. But I guess when you're a C student you tend to hang with similar slackers...

    Anyway, I'm sure Alberto would like to distract us from the matter at hand. I trust that we will not be distracted and will keep asking the same questions until he gives us a satisfactory answer.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  47. Pick your battles by AmericanBlarney · · Score: 1

    As much economic damage as I'm sure this is causing by stopping American teenagers from downloading usually mediocre quality copies of movies (although Spidey 3 seemed to be doing just fine), personally I would think the country would benefit more by creating more aggressive policies for dealing with countries that blatantly disregard U.S. patent and copyright law, as our trade deficit with countries like China is caused in part by the fact that many of the U.S.'s most exportable goods (i.e. software, movies, music) are much easier to steal than the boatloads of cheap clothes and electronics that come from China. We should be at minimum putting a blanket tariff on all goods coming from such countries to adjust for their massive theft. For some more creative ideas, see my post on a previous topic. Honestly, how the Chinese government's Disney World knock-off isn't a bigger concern for our country, I don't know. When a foreign government is thumbing their nose at our copyrights, that's got to be more important than some teenagers downloading movies in their basement.

    1. Re:Pick your battles by cdrguru · · Score: 1

      Unfortunately, you forgot the WTO. Punitative tariffs such as you propose are not allowed under WTO rules. We can't stop the flood of cheap Chinese goods into the country but they are allowed to block our imports because they don't meet with the proper cultural traditions and nonsense like that.

      For some idiotic reason, someone thought it was a good idea to belong to this organization. We probably didn't have a choice in the end to keep trade open with EU and such. So now we are stuck with this awful agreement that virtually mandates destruction of the US manufacturing base.

    2. Re:Pick your battles by AmericanBlarney · · Score: 1

      And rampant disregard by a government entity isn't a violation of WTO membership terms? Countries are being passive aggressive by choosing not to enforce copyright law when it suits them. If other countries are not meeting their obligations at WTO members, what good does it do us to be a member?

  48. hitting criminals in their wallets by bl8n8r · · Score: 1

    Ultimately, the words "criminals" and "taxpayers" are interchangeable here.

    --
    boycott slashdot February 10th - 17th check out: altSlashdot.org
  49. DJ's & Mixtapes by Anonymous Coward · · Score: 0

    So what about DJ's and the mixtapes they make. Some are made up of songs given to the DJ by the artist. Uhmm "shared" with the DJ? Very few artists own their masters, so if someone like Gwen Stefani gives a song to a radio station DJ, she needs to be prosecuted as well. She does not own the copyright and therefore illegally distributed it. Musicians make far more than anyone downloading, so maybe the RIAA should prosecute the artists who are the true leaks of the work of art they fear is being illegally "shared".

  50. ZZZZZ by Nom+du+Keyboard · · Score: 1
    Attorney General Alberto Gonzales has stated that the Justice department will be getting even harder on copyright infringement

    Boy, that will help me sleep better at night.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  51. I'm with Alberto on this by Mateo_LeFou · · Score: 1

    ...if, as I infer from the summary, DoJ is mostly going to concern itself with criminal copyright infringement for monetary gain.

    Now: I am a *serious free-culture advocate (founder of Artists for File Sharing) and here's why I support the merciless crushing of those durn pirates: they are helping to keep people addicted to the feces that comes out of the "content industry". If they could be shut down -- which, alas, they prolly can't -- people would more frequently start looking into the free culture alternatives.

    It's basically the same reason I want all "pirating" of Windows to stop.

    --
    My turnips listen for the soft cry of your love
  52. Jail time for GPL violations? by reticently · · Score: 1

    Wouldn't it be nice if life worked like that?

  53. Re:Drop the hammer on them by WilliamSChips · · Score: 1

    The Romans had the concept of a vote after the death of an emperor: "God or Tyrant?"
    I propose a similar vote(as a plebiscite) after a President leaves office: "Hero or Criminal?"
    Obviously, if "Criminal" is chosen, the former President should be sent to jail.

    --
    Please, for the good of Humanity, vote Obama.
  54. Details please? by javacowboy · · Score: 1

    The article is awfully vague. Does anybody have any additional information or links?

    --
    This space left intentionally blank.
  55. Re:Look over there! Pirates! and Ninjas! by Anonymous Coward · · Score: 2, Funny

    American politics: Don't download that pr0n movie illegally! Go rape that girl instead! You'll suffer less for it...

  56. I agree by IvyKing · · Score: 1

    My thoughts and sentiments, exactly.

  57. {sigh} by ScrewMaster · · Score: 1

    It does seem like corruption is becoming more transparently obvious these days.

    --
    The higher the technology, the sharper that two-edged sword.
  58. Re:Drop the hammer on them by Anonymous Coward · · Score: 0

    Worry not my friend

    When election time approaches a "certain" situation is to occur that will render the ability to vote to be postponed due to the situation's imminent potential.

    Thus President Bush will be come the defacto "King of America" by default - just as he became president by default.

    Once the delay of the elections is instituted then future elections will never again be a part of American way of life.

    Wait for it.

  59. I want some of that copyright protection too. by Nefarious+Wheel · · Score: 1
    My home, contents, and choice of music collection is the result of long-term planning and design. My book collection and software collection are skillfully chosen to create an artistic highlight of a life well spent. The total picture is a very important part of my life, and I've invested an enormous amount of intellectual capital in building and refining it.

    I hereby claim copyright on my life and all its contents, and demand protection from the corporations who would copy any component of it, right down to my ISP's search history logs, which are a product of my own intellectual efforts.

    --
    Do not mock my vision of impractical footwear
    1. Re:I want some of that copyright protection too. by dory · · Score: 1

      So, the question, sent to my eloquent friend Nefarious Wheel (628136), is this: Do we, as a General Public, have your permission to quote you (license, as it were), or am I up proverbial Fecal Stream Without a Guidance System? Um,because... *whistles innocently* I posted your comment to my blog. I still give you full credit (as able) for the above, possibly perfect, copyright...

      --
      Clarke's Third Law- Any sufficiently advanced technology is indistinguishable from magic
    2. Re:I want some of that copyright protection too. by Nefarious+Wheel · · Score: 1
      Slashdot has a non-exclusive license to post my blog entries until my whim sees otherwise fit. License fee is 1 cent (plus interest) posted retrospectively toward my bar tab at Milliways.

      And thank you for the complement, Dory.

      --
      Do not mock my vision of impractical footwear
  60. Does anyne remember by Anonymous Coward · · Score: 0

    Bush's iPod full of pirated music?

    How much does he have to pay?

  61. Consequences of an Ownership Society by mpapet · · Score: 2, Insightful

    I'm really not sure where all the moral outrage is coming from because this is the consequence of an ownership society where privatization is blindly assumed to be, not just good, but the best thing.

    This kind of posturing and eventual law enforcement activity where they'll perp-walk someone for some kind of copyright violation will get votes and most importantly raise campaign contributions.

    I suspect more than a few slashdotters think that "the private sector does a better job at most things than the government.." The private sector is maximizing their revenues by enforcing its ownership rights and NOW it's a problem?

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
    1. Re:Consequences of an Ownership Society by alexgieg · · Score: 1

      I suspect more than a few slashdotters think that "the private sector does a better job at most things than the government.." The private sector is maximizing their revenues by enforcing its ownership rights and NOW it's a problem?
      Yes, because they're using the government to maximize their revenues. When libertarians and classic liberals defend the private sector, this is only so far as it remains something private. The moment the government aligns itself with someone, it's not a private deal anymore, thus becoming, by definition, unjust and immoral.
      --
      Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
  62. If you can't get by without infringing copyright.. by dircha · · Score: 3, Informative

    ...you're pretty damn pathetic.

    This isn't popular to say on Slashdot now that the abolish-copyright stance has become part of the "groupthink gospel", but I am fed up with largely a particular demographic whining about copyright law and its enforcement. Sure, complain about its excesses, but when in practice it most of the time amounts to complaining about being caught downloading the latest Spiderman movie from your dorm room, all I have to say is: grow up, put up, or shut up.

    While copyright infringement is not theft, your average media consumer has as much excuse for knowingly downloading a song or movie in violation of copyright law as he or she does for taking a candybar from the supermarket without paying for it: none at all.

    And there is similarly no excuse for not being willing to accept the consequences of those actions, They know it is illegal, yet still do it. Maybe they style themselves as practicing civil disobedience? Then deal with the consequences of those actions. The more out of line the punishment, the more they should relish it, because that is how civil disobedience makes its case. But they don't, because they aren't. It's completely transparent.

    Everything from the demographic, to the logic, to the motives, to the actions of these people screams one thing, and it is blatantly obvious to the rest of society: casual copyright infringing consumers want content but are not willing to pay for it. Take just for example that there are now many (perhaps too many) services out there offering legally downloadable music, DRM-FREE, for reasonable prices (reasonable to anyone working hard to earn a living).

    Not to mention, abolishing copyright would practically impose significantly upon the rest of society. Prices of movies in theatres would be several times what they are now. Consumers wouldn't be able to buy their favorite movies on DVD. Studios would need to keep them running in theatres as long as possible. Entering a theatre would be more security intensive than boarding an airplane. You would probably have to sign a contract when entering. And yes, mainstream content is mainstream in large part because a great many people like it. These same people think that your svelt black metal and electronica-subgenre is crap. It isn't a conspiracy and no one is a "sheep" for listening to music that makes them happy. Grow up.

    You and the artists you like are free to produce as much public domain or copyleft content as you wish. No one is stopping you. No. No, they are not.

    Thank you.

  63. This seems like a good time to brag by Gnaget · · Score: 1

    Sure am glad I am moving to Sweden.

  64. Harsher copyright violation penalties? by frank_adrian314159 · · Score: 1

    Great! That means that he's giving the pr0n industry more dollars (as this is probably the most pirated data out there)!

    --
    That is all.
  65. Deja Vu all over again by rossz · · Score: 4, Insightful

    The Feds first obtained the power for asset seizures because they were going after some really evil drug lords. The American people went along with this because it was true, the Feds were definitely going after some really evil (as in kill the entire family as an example) bastards.

    Then the Feds asked for more power, because they needed to get the supply chain, and grabbing a few Ferraris and yachts of really rich cocaine suppliers would help. The American people went along with this, too.

    Then the Feds just assumed they had the power to grab the assets of the dealers. The American people didn't really think anything of this. After all, these drug dealers were bad people and besides, they were shooting up parts of the city in turf wars, so let the Feds grab the drug dealer BMWs with the really ugly custom wheels.

    Then the Feds began seizing the assets of the drug users. Most Americans were under the impression the drug users were strung out heroine and crack junkies, so didn't give a shit. Only now Mr and Mrs Average American are learning otherwise, because their teenage son got pulled over in mom's car, and he had a joint on him, and the police are keeping the car.

    I predicted this would happen at the very first stage. I was right. Even if the Feds swear up and down on a stack of bibles that they're only going to use this power on the big time commercial piracy operations, I won't believe them. Maybe today they mean it, but what about next tomorrow?

    Fuck the government. They will ALWAYS abuse even the smallest amount of power. That's why we have to have the tightest possible controls on them as possible. If making it hard for them to abuse their job has the side affect of making it hard for them to do their job, so what. My rights and freedom are THAT FUCKING IMPORTANT.

    --
    -- Will program for bandwidth
    1. Re:Deja Vu all over again by cpghost · · Score: 1

      Maybe today they mean it, but what about next tomorrow?

      The way to hell is paved with good intentions. Eventually, the pendulum will swing back towards more freedom; but for now, we're still heading in the wrong direction... faster than ever before. Perhaps we're witnessing the birth of the first high-tech dictatorial regime of the world? It's certainly (trans-)forming fast, and the few people who are aware of it have not enough weight to warn the general populace. And those in the executive and legislative branches who are actively performing this transformation are not aware of this negative cumulative effect either. That's what makes it so dangerous.

      --
      cpghost at Cordula's Web.
  66. I think you might be arguing with someone else. by Mahjub+Sa'aden · · Score: 1

    I didn't actually say that I agreed with the US and their approach to intellectual property. For the most part, I don't, and I especially dislike the way it appears your Congress panders to large media companies and their enforcement arms. If you or I truly believe that China is the new US, and the US is the new Europe, then we can agree that Europe's strategy is grandly flawed and destined for a second-place finish.

    On the other hand, intellectual property is important. Even you must agree with that. The Free Software Foundation believes it: witness the GPL, which boils down to just a different way to protect that property.

    Mostly, we need to ask what we are protecting this property from, and whether that strategy will ultimately be successful.

    --
    What is is all that is. Isn't that obvious?
    1. Re:I think you might be arguing with someone else. by mOdQuArK! · · Score: 1

      On the other hand, intellectual property is important. Even you must agree with that.

      Why would I agree with such a nonobvious conclusion?

      I've never understood why so many people accept, without any kind of proof, the canard that being able to restrict someone else's development of an idea is somehow going to "encourage" innovation. Proponents state that like a mantra, but I haven't met anyone who has been able to point me to any kind of study showing that such an effect is true (and I've read several studies showing that IP laws tend to retard innovation in a society). At first glance, it seems to make more sense that you'd encourage societal innovation by giving ideas as large a spread through society as possible, not by using mechanisms that restrict them.

      The current importance of intellectual property is completely artificial, and is hurting the rate of innovation in the US (and the other countries that follow the US's lead). If the legislation defining IP hadn't ever been concocted, then the marketplace would've developed in a much more natural and sustainable way, where the value of goods & services would have a much more direct correlation with the resources, skill & labor used to provide them. Unfortunately, IP laws have created such large artificial value that entire industries depend on it to bolster otherwise weak business models, which is not a good setup if you're trying to encourage an efficient marketplace economy.

      Mostly, we need to ask what we are protecting this property from

      No, first you have to prove whether treating ideas like real property provides any societal benefit or not. Just saying it is so isn't a good enough basis for overriding private property rights. And if you can't prove that such an effect exists, then there's no reason to support the idea of intellectual property rights.

    2. Re:I think you might be arguing with someone else. by mpe · · Score: 1

      I've never understood why so many people accept, without any kind of proof, the canard that being able to restrict someone else's development of an idea is somehow going to "encourage" innovation.

      Even if you could prove that for copyright in a certain form (and term) that dosn't prove that copyright in general will do this.

      but I haven't met anyone who has been able to point me to any kind of study showing that such an effect is true (and I've read several studies showing that IP laws tend to retard innovation in a society).

      There are plenty of things which are only beneficial in certain circumstances, quite often "too much" can be more harmful than "too little" (or even none at all.) This can apply from anything to overdoses of drugs/nutrients to overtightened bolts.

      At first glance, it seems to make more sense that you'd encourage societal innovation by giving ideas as large a spread through society as possible, not by using mechanisms that restrict them.

      Copyright came into existance with the development of machines which could produce copies cheaply if you wanted many identical copies. In more recent times not only have machines been developed which can produce cheap copies on a one off/small number of copies basis there has also been a divorce between "content" and "media".

      The current importance of intellectual property is completely artificial, and is hurting the rate of innovation in the US (and the other countries that follow the US's lead). If the legislation defining IP hadn't ever been concocted, then the marketplace would've developed in a much more natural and sustainable way, where the value of goods & services would have a much more direct correlation with the resources, skill & labor used to provide them.

      It's difficult to know how things might be different, since music and video recordings have only ever existed within this legal framework.

    3. Re:I think you might be arguing with someone else. by mOdQuArK! · · Score: 1

      I can't tell whether you're arguing for or against. For either case, you haven't referenced any peer-reviewed studies to support your point. A well-crafted study should be able to show if there is some "good" level of IP, if such a good effect actually exists.

      I'm arguing against IP laws in general (both copyright and patents). Both of these concepts depend on mechanisms which suppress the use of ideas, but they are touted regularly, without proof or study, as encouraging the production of new ideas. I'm not seeing that connection, and have been waiting for someone to point me to something a little more robust than "It's obvious!" to support the idea that suppressing the use of ideas actually encourages innovation, which is the whole social justification for implementing IP.

  67. maybe be more creative: by Falladir · · Score: 1

    Years ago, I used pirated music to cultivate a sense of aesthetic taste, which I used to impress girls. One of them became my girlfriend, which boosted my confidence. With my confident outlook, I was able to land a good job with a consulting firm. Hence, I am able to earn much more money because I pirated some music off on Napster. I hope they don't come for me.

  68. Already punishment enough by noidentity · · Score: 1

    "Justice Department Promises Stronger Copyright Punishments"

    Current copyright terms are already punishment enough... to everyone.

  69. They *ARE* declaring a war on Pirates by Skevin · · Score: 1

    Arlington, VA -- Secretary of Defense Donald Rumsfeld announced today that the Department of Homeland Security will allocate 4.5 billion dollars over the course of the next eight months to construct brand new ninja training facilities in four separate major metropolitan areas.
    "These are not just any ninjas," commented the Attorney General concerning the controversial decision. "These are *music* ninjas... and *software* ninjas. We'll be training all kinds of Copyright Ninjas"
    When asked to clarify the term "Music Ninja", Rumsfeld confirmed Wednesday that an authoritive discussion of a poll on respected media source Slashdot concluded that the diametric opposite of a Pirate is a Ninja.
    "The only way to stop the increase of Copyright Pirates is to contract more Copyright Ninjas. If we cannot train enough Copyright Ninjas currently within the United States, we will simply issue more H1 Visas to bring them over from their native homeland." reassured an unidentified White House source. The source was hesitant to reveal which country was the "native homeland" of Copyright Ninjas.
    "Intellectual Piracy is preventing the widespread of adoption of things like High-Definition DVDs and digital subscriber broadcasts. Copyright Ninjas will work to encourage the adoption of these new technologies, starting by politely silencing anyone who repeats the hex number, '09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0'. Anyone who so much as even prints '09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0' in a newspaper or blog will be gently murdered as a friendly reminder that it is a violation of the DMCA to do so." The aide has not been available for further comment.
    Music Piracy has quickly risen to the No. 1 violent crime in only the past two years, surpassing even Rape, Homicide, and Gay Sex Between Two Consenting Adults combined.

    Solomon

    --
    "Twice half-assed makes an ass whole." --Solomon K. Chang
  70. Re:If you can't get by without infringing copyrigh by Adelle · · Score: 1

    I'm not for copyright infringement - my means of making a living ultimately relies on the existence of copyright. However, compare the maximum penalty for making an unlicensed copy of Spiderman 3 vs the maximum penalty for speeding.

    If we are going to have statutory penalties for copyright infringement, let's make them 2 or 3 times the retail value of the item copied, not $1000's per song/movie.

    Or here's an even better suggestion: introduce compulsory licensing, as is already done in some areas.

    If I write a song, Sony can get one of their artists to record it without obtaining my explicit permission, and I would get paid pennies per copy produced. But somehow it's a crime if I make copies of that recording without obtaining explicit permission from Sony.

    Maybe we should file annual returns declaring which songs/movies we copied during the year and pay $0.50 per song, and $4 per movie.

    Adelle.

  71. A little info: by Anonymous Coward · · Score: 0

    The Intellectual Property Protection Act of 2007

    Today the Department submitted to Congress the Intellectual Property Protection Act of 2007 that would enhance the Department_s ability to prosecute crimes and protect the intellectual property rights of citizens and industries. Among its many provisions, the Act includes measures that would:

            * Increase the maximum penalty for counterfeiting offenses from 10 years to 20 years imprisonment where the defendant knowingly or recklessly causes or attempts to cause serious bodily injury, and increase the maximum penalty to life imprisonment where the defendant knowingly or recklessly causes or attempts to cause death;

            * Provide stronger penalties for repeat-offenders of the copyright laws;

            * Implement broad forfeiture reforms to ensure the ability to forfeit property derived from or used in the commission of criminal intellectual property offenses;

            * Strengthen restitution provisions for certain intellectual property crimes (e.g., criminal copyright and DMCA offenses);

            * Ensure that the exportation and transhipment of copyright-infringing goods is a crime, just as the exportation of counterfeit goods is now criminal.

    Does that last part mean that even importing region-free DVD players would be criminalized?

  72. Re:If you can't get by without infringing copyrigh by EzInKy · · Score: 1


    While copyright infringement is not theft, your average media consumer has as much excuse for knowingly downloading a song or movie in violation of copyright law as he or she does for taking a candybar from the supermarket without paying for it: none at all.


    Actually they have the best of all possible "excuses". Acquiring and sharing knowledge and culture is as natural for humans to do as walking and talking.

    --
    Time is what keeps everything from happening all at once.
  73. Good Point ... pitiful gang of politicians by OldHawk777 · · Score: 3, Insightful

    Good point: Globally this may be the straw that breaks the back of the USA
    corporatist government strangle hold on IPR, patents .... I am confident that
    China, Russia, India ... others will eventually tell the USA, EU, UN, WorldBank ...
    and the International Court to go fuck themselves with their dead-battery dildo.

    But,it ain't like the USA has been able to figure anything out 12 months or 12
    years out. Clueless courts, diplomacy, domestic policy, government ... such an
    incompetent slime-ball pitiful gang of politicians have not been collected together
    in one government since the Mao-China's "Cultural Revolution", Stalin's Purges,
    Hitler's Perfect Aryan Religion ....

    --
    Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
  74. Statutory damages by tepples · · Score: 2, Informative

    if he's basing the fine on (SumOfIllGottenGains)*x%, even if that X is 500, 500% of zero is still zero. Not according to 17 USC 504, which gives a formula for statutory damages.
  75. obligatory response by mshurpik · · Score: 1

    casual copyright infringing consumers want content but are not willing to pay for it.

    Literally? Because anyone with a DVD collection, which is all of us, is willing to pay. So I guess it's a question of how much and for what.

    there are now many (perhaps too many) services out there offering legally downloadable music, DRM-FREE, for reasonable prices

    Since when? I've never seen a website sell FLAC or WAV files, have you?

    And if they did, they would have to be hella cheap to justify the lack of a preview you would get from going to the store. Can you imagine downloading ten albums at ten bucks a pop and finding out that half of them suck? I'd be PISSED.

    Free mp3 previews would solve that problem. And conveniently enough for the studios, mp3's don't pose a piracy problem. The low quality of mp3 relegates it to a broadcast format, and the license terms on a broadcast is everyone.

    After all, when was the last time you knew someone who collected all their music by taping FM radio? That's so scrubby. If people are actually out there "collecting" mp3's, I'll laugh.

    In conclusion, free mp3's would get people to download FLACs, but you still have to burn your own CDs, and there's no artwork that comes with it (u got a 4-color laser? I don't) so in the end, the studios would have to charge less.

    That's probably why none of the studios have tried to sell music on the internet so far.

  76. There is no musical frontier by tepples · · Score: 1

    Is it too late for me to start my own record/movie company and get in on this payday???? Yes. The existing record labels and music publishers were established before a flood of songwriters started staking claims to portions of the conceptual space of musical melodies. Now you can be successfully sued for accidentally copying something that you had heard a decade ago on the radio. Bright Tunes Music v. Harrisongs Music, 420 F. Supp. 177 (SDNY 1976).
  77. Capital Punishment Next? by Bones3D_mac · · Score: 1

    Looking at the way things are going with the IP "theft" cases, how much longer until these once "civil" cases move beyond simple prison sentences and fines into handing out death sentences as a means of controlling such activity? It certainly wouldn't be impossible to draft such punishment as necessary under our already ill-defined policies for homeland security.

    All they would need to do, is figure out a way to link it to terrorism (like we did for the war on drugs), and suddenly you're potentially facing charges of treason against the United States.

    Just wait until we fry some poor sap who only made the mistake of selling too much pot. (Which I expect will happen in the next couple years...) Will large-scale pirates be voiding their bowels at the thought of their own execution being witnessed by members of the RIAA/MPAA? (Especially since they can already tamper with a crime scene unopposed during a raid and are also able to dance around the RICO Act while they hold your future hostage, without any solid evidence that you've committed a crime at all...)

    People have been joking about leaving the country to escape the madness for some time. However, the novelty has faded over time.

    Just remember to find a non-extraditing nation...

    --


    8==8 Bones 8==8
    1. Re:Capital Punishment Next? by alexgieg · · Score: 1

      Don't forget that, with all the international blocks being formed over the last decades, which then merge into greater blocks, which then merge into even greater blocks, and so on and so forth into the future, we're approaching a One World Government. Where do we (or our grandsons) run to when all countries have become states of a single, unique global country, with all of humanity having to obey the exact same set of federal laws? To Mars? :(

      --
      Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
  78. No Corporation Left Behind by tengu1sd · · Score: 1

    As a proper flunky in the Bush administration, A Gonzales is following the defining goal, No Corporation Left Behind established by his fearless leader. By taking on the task and expense of enforcing copy write, corporate balance sheets will look better and Bush core constituents, our corporate overlords, will pocket a larger bonus at the end of each quarter. No longer will corporations pay lawyers to file copy write cases, our taxes will fund this corporate benefit. After all, if it's good for business, it's good for America right?

  79. That's a trade secret, not a copyright by tepples · · Score: 1

    I think there's nothing wrong with getting tough on illegally using IP as long as it is extended to include my personal information.

    "Illegally using Internet Protocol"?

    Oh, you meant "intellectual property". This term tends to confuse the issue; one should instead use "copyright", "patent", "trademark", or "trade secret" as appropriate. In this case, the law considers your personal information a trade secret between you and the business, subject to non-disclosure agreements called "privacy policies". I haven't read the bill, but from the summaries I have read, the bill appears to cover copyrights, not trade secrets.

    1. Re:That's a trade secret, not a copyright by Intron · · Score: 1

      I guess you also didn't read the title of the bill. The bill calls it IP, I called for copyright protection in my post.

      Trade secrets are not "between" anyone. Once revealed, they are not secret and no longer protectable. That's why they're called secrets.

      --
      Intron: the portion of DNA which expresses nothing useful.
  80. Crimes quote by TheSlashaway · · Score: 1

    "These crimes, as we all know, also have a direct impact on our economy, costing victims millions of dollars and, if left unchecked, diminishing entrepreneurship," Gonzales said in announcing the bill. He was actually referring to the daily activities of the Bush administration which he is a part of!

  81. Well we put tons of our population away for drugs by Maxo-Texas · · Score: 2, Insightful

    might as well make another huge swath of them criminals.

    Honestly, it seems like they think of ways to make folks criminals and disenfranchise them.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  82. I wish it were so by Venner · · Score: 1

    >>Most people don't confuse copyright infringement (copying an album off a friend/taping a song or tv show off the tv/photocopying a map when they're going to visit someone/using a 'pirate' copy of a program at home) with physically stealing someone's wallet/purse etc, nor do they tend of think of it as morally wrong.
    >>

    You know, I used to think that exact thing. I still hope you are correct. However, in the past two weeks, I have talked to two unrelated lay-individuals who *do indeed* feel that copyright infringement is exactly the same as physical theft, and equally morally repugnant. I could not convince them otherwise, not with historical, rational,or emotive argument. The notion of a natural law "right" to "intellectual property" in perpetuity seems to be creeping into the general populace and it scares the ever-loving crap out of me.

    --
    A preposition is a terrible thing to end a sentence with.
  83. Re:If you can't get by without infringing copyrigh by mshurpik · · Score: 1

    If I write a song, Sony can get one of their artists to record it without obtaining my explicit permission, and I would get paid pennies per copy produced.

    If Sony can legally appropriate your work, why would they pay you anything, even pennies?

    That seems odd. You must have signed a contract with them in the past and forgotten.

  84. bye bye P2P by vaporland · · Score: 0, Flamebait

    As the govt sees it, if you download using P2P you are also sharing with thousands of other people, and this is the logic they will use to come after people with this law. Ironic considering what a crook Gonzales is...

    --
    Ask Me About... The 80's!
  85. Tit For Tat..... by IHC+Navistar · · Score: 1

    If they are going to give harsher punishments for copyright infringement, then I'm just going to make it harder to get caught.

    A better mousetrap doesn't result in better results: It results in better mice.

    --
    Knowing Google's lust for data collection, the Soviet Union is still alive and well inside the psyche of Sergey Brin....
  86. Re:Drop the hammer on them by Petrushka · · Score: 2, Interesting

    The Athenian democrats had the idea of voting on this while people were still alive -- "ostracism", that is. Only it wasn't so much about deciding who was and was not a criminal, but rather about deciding who was too dangerous to have around, whether because they were too influential, too wealthy, or whatever.

    However, they did also have mandatory examinations of public officials upon leaving office, a process called euthynia. Accounts were inspected by randomly selected committees; any citizen could bring an accusation against the official in a public court; embezzlement or corruption would lead to a fine ten times the amount received; incompetence was let off with a fine merely equal to the amount involved.

    I rather like the idea.

  87. Because it benefits society. by jotaeleemeese · · Score: 1

    Human societies are built on top of sharing knowledge. The more we share, the more we progress.

    But then came this idea that people can invent things out of thin air, and should be recompensed for their efforts.

    But the people that came first with the compensation idea were not so idiotic as to think that invetiveness deserved ethernal gratitude, after all no invention comes out of thin air, unless standing in the shoulders of giants makes the air an inventor breathes some how more rarified.

    --
    IANAL but write like a drunk one.
  88. Re:Wrong again, repeat, rinse, repeat by Anonymous Coward · · Score: 0

    i hate people like you, you whip out your press pass, shove people out of the way, make your way to the stage, take your photos, then copyright it. i bet you've never given anything away in your life, profit is your only motivation. you don't care about this country, or you'd be doing something about the electronic voting machines.

    now before you ask, yes i have given things away.

    as a songwriter
    as a musician
    as a video producer
    as a tv show producer
    as a programmer
    as a photographer
    physical pain, and time protesting

    back in the late 70's i looked into copyright, and found it was such a pain in the ass and so complicated that i wanted nothing to do with it at all. i found other promoters that would say use the poor man's copyright, mail the item to yourself, it then has a stamped date, and it's unsealed. i knew back then that this was going to be horrible world, and that it is just a matter of time before it all comes to a head. it's a bit more than just lop-sided, it ruins real people's lives.

    your just trying to rip people off
    if seen it before, whole websites destroyed. because of "copyright" photos.
    fuck those photographers.
    this has nothing to do with labels. labels actually give content away
    it has all to do with greed, the riaa, and corruption in government.

    i just enlighten people
    i give my content away free.

    before electronics, music was to bring joy. whole families would get together and jam
    You didn't fucking pay grand-pa for playing slide guitar leads!
    unless your some giant ass mega rockstar, you do not need copyright
    and that's questionable too!
    do the right thing buy the CD, the DVD, but don't fucking spoon-feed the masses with lobbyist's propaganda and shit laws that keep fucking the small guy. hell they are the ones that need the music so that don't fucking go completely nuts and start a civil war.

    the justice department is fucking corrupt.
    i'll give you one guess why that happened.
    your too slow, electronic voting machines.

    the corporate mainstream media not helping fix this

    there will be no justice until that is fixed.
    there will be no leadership until that is fixed
    there will be no future until that is fixed
    there will be no end to the war profiteering
    solution to energy, health, borders, security, food safety, drugs, nothing.

    satan laughing spreads his wings. satan is the bush administration. if you sit quietly and contemplate. you can feel it.

    wanna know another secret.
    there is no satan.
    there is only the christian idea of satan
    but not everybody in this world is a fucking christian.
    ask kevin tillman

    you don't have to be christian to be patriotic, to care about others, to help people, to volunteer, to be nice. oh but you won't find any threads where you can post that. not unless the threads are dominated by the bush administrations cyber information war.

    i don't like bush, and i didn't like clinton either. i don't like the two parties. but that ain't going to get fixed now is it with the shit we get from electronic voting machines. well they've finally cost us hell on earth. there is no hell in the afterlife, that's another christian myth. but this administration can create, by man's hand, hell on fucking earth.

    i am sick of the fucking lies.
    time is short now.

    wake up!

  89. What is amusing by hey! · · Score: 1

    is the legal theory they use to deprive citizens of their property.

    You see, they aren't going after you. They are going after your property. Did you know prosecutors can, in effect, bring charges against an inanimate object? They can. And guess what -- the object doesn't enjoy rights like habeas corpus.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    1. Re:What is amusing by Anonymous Coward · · Score: 0

      "the object doesn't enjoy rights like habeas corpus"

      That's taken for granted, whether the object is property or the object is a citizen. Even this is redundant; American citizens are property of the government.

  90. interesting by anacoleman · · Score: 1

    i am in China, it's so funny when you are in China and reading stuff like this..lol

  91. Rummy *resigned*. by Grendel+Drago · · Score: 1

    I'm pretty sure he didn't have to get Senate approval to quit his job.

    --
    Laws do not persuade just because they threaten. --Seneca
  92. Abuse of power? by Veretax · · Score: 0, Flamebait

    Correct me if I am wrong but the attorney General's duty is to enforce and prosecute the law, not to propose, debate, and legislate it. I wasn't for impeaching this guy before, but now I say off with his head. This law would have far far too many unintended consequences. You think its bad with all the drug abusers who get locked up in prison, I imagine the Copyright issue will be an even further strain on our prison system if this law were to be passed. Call your congressman and tell them to just say NO!

  93. Re:If you can't get by without infringing copyrigh by PhxBlue · · Score: 1

    Not to mention, abolishing copyright would practically impose significantly upon the rest of society. Prices of movies in theatres would be several times what they are now. Consumers wouldn't be able to buy their favorite movies on DVD. Studios would need to keep them running in theatres as long as possible. Entering a theatre would be more security intensive than boarding an airplane. You would probably have to sign a contract when entering.

    Really? What copyright-free country have you been to that you can make claims like this? For all you know, a copyright-free country might end up more like China, where movies are $2 for a DVD, if that. Don't get me wrong, I'm not saying I want to live in China; but the truth is, you don't know what the reality would be, because you've never lived it.

    I know I wouldn't accept any of the above-mentioned shit. I should point out, though, that studios already keep movies running as long as they make a profit (i.e., as long as possible). And contracts? Don't give the wankers any ideas. Before long, we'll probably end up seeing "click-thru" agreements on the back of our movie tickets anyway. I can see it now: "Purchasing this ticket means you agree not to say anything negative about our movie or we'll bust your ass for copyright infringement."

    --
    !#@%*)anks for hanging up the phone, dear.
  94. To prevent ancestoral elites by fantomas · · Score: 1

    Imagine if copyrights and patents never expired. If Caxton had a good lawyer 500 years ago and nobody else could get involved with any form of printing without paying his family money. If any time a child was innoculated the nurse had to pay a penny to Jenner's family or company. My fear would be a tiny elite getting richer and richer by every generation, a hereditary oligarchy. Not good.

    Here's my UK perspective: until recently we had hereditary peers in the House of Lords. This meant that laws passed in the UK were decided on by an unelected, unselected group of people who made the decisions about national law that affected us all. These people (the peers of the House of Lords) were not there because they were popular, or had any special skills. They made our laws because one of their ancestors did something that impressed the King or Queen at the time: could have been 900 years ago. Maybe said ancestor hit somebody with an axe in front of the King and the King thought that was cool or funny or bloody lucky and gave him a lordship as a result. Maybe said ancestor bailed out the King's gambling debts and got a nice little estate as thanks. Said ancestor became a peer of the realm as a result and decided on the laws of the time. And his children would make the laws for ever after. So until recently, ten years ago or so, you could have a peer who was a complete fool, his father was a fool, his grandfather was a complete idiot and his great grandfather couldn't be trusted to make a better decision than your average sh*t-shovelling farm hand. No matter. If one of their ancestors had been made a hereditary peer, hundreds of years ago, just one clever bloke amongst a whole family of idiots, then all the generations for ever after would make the decisions that controlled our land. The rest of us had no say, couldn't get rid of them, had to accept their decisions. That's how the feudal lords and ladies system worked. I say this system was terrible. In the 1990s in the UK laws were decided in some cases by people who had no special talents beyond having a single ancestor who had done something significant hundreds of years before.

    So the proposal that if I come up with a good idea, and corner the market in a product, or a method (or hell, a natural resource - look up Basmati Rice - grown in India for thousands of years but apparently some Texan company claimed the patent on this foodstuff! http://www.biotech-info.net/basmati_patent.html) - and that forever after everybody has to pay my children and their offspring for the right to engage with that aspect of the world - no I think that's a really bad idea. Unless you like the idea of minority hereditary elites.

  95. You don't understand, or you're really trying not by Grendel+Drago · · Score: 1

    instead of removing every attorney at the beginning of the term, why not wait til you see that their politics don't jive with your politics.
    If by "jive with your politics", you mean refuse to investigate anyone in your party. US Attorneys are supposed to carry out their jobs in a nonpartisan fashion. Those who did their jobs properly were fired for it. This is corruption, and you're trying very, very hard not to see it.

    I dislike Clinton's approach of firing everyone immediately no matter what their politics, the fact he removed them all tells that either he was doing favors for those who got in or only wanted people who agreed with him, either way I disagree with that policy.
    As someone else pointed out, did Reagan's mass re-appointing of attorneys upon his election also suggest that do you? Do you think that every time a president brings in a new cabinet?
    --
    Laws do not persuade just because they threaten. --Seneca
  96. You can lead a horse to water... by Grendel+Drago · · Score: 1

    The issue isn't that they were fired. The issue is that they were fired for nakedly partisan reasons--willingness to ignore cases against the Republican party and try to drum up scandal around Democrats, for instance--and that pretty much defines corruption. If he'd fired eight random attorneys, it would lead to some head-scratching. That's not what happened.

    Besides, if no malfeasance occurred, why can't Alberto remember a damned thing?

    --
    Laws do not persuade just because they threaten. --Seneca
  97. Well... by Anonymous Coward · · Score: 0

    You've certainly convinced me, sir, with your rapier rhetoric. O, I am slain!

  98. It's corruption. by Grendel+Drago · · Score: 1

    Please try to read the news before sharing your opinion. The fired prosecutors were investigating Republican malfeasance in a number of places. Firing people in order to shield your own party from investigation is corruption.

    --
    Laws do not persuade just because they threaten. --Seneca
  99. MOD PARENT (SOMETHING) by Anonymous Coward · · Score: 0

    Other than troll, jesus.

  100. Re:If you can't get by without infringing copyrigh by StreetStealth · · Score: 1

    If Sony can legally appropriate your work, why would they pay you anything, even pennies?
    Because they're obligated to by the same law that lets them appropriate it.
    --
    Your mind is clear / The things that you fear / Will fade with how much you / Believe what you hear
  101. Seizing houses is a multi-Trillion $/yr industry. by NRAdude · · Score: 0
    without prejudice,
    M. Gregory Thomas(tm), Network Redundancy Administrator;
    Mundt Administration of Network Redundancy:

    Adventures in Legal Land Video on the Drug Fraud.
    • In the United States, 20% of jail inmates are for non-violent drug offense; or ~3 million.
    • All money and drugs seized by "police" are held as property of the "police".
    • 7 of 10 forfeiture cases have no charges filed.
    • Constitution: government was established to protect and maintain certain individual rights.

    The crime, known by the body of the crime, or corpus dilecti; is loss, harm, or injury; Proof, direct or circumstantial, that specific loss or injury occurred and that someone's criminality is cause.

    example cases (he talks too fast for me to write).
    1. Arizona supreme court
      State v. Wilson
      corpus dilecti
      "...two elements that a certain result has been produced, and that someone is criminally responsible for the act."
    2. Michigan supreme court
      People v Swift
      corpus dilecti
      "involves two elements, injury that is penaly prescribed and unlawfulness in some person's conduct causing the injury.
    3. New Jersey supreme court
      ...
      corpus dilecti
      embraces occurrence of loss or injury, and criminal causation thereof.

    4. Pennsylvania supreme court
      Commonwealth v. Realand
      corpus dilecti
      "the two elements of corpus dilecti, are that loss or injury has occurred and that loss or injury occurred through criminal agency."



    There are more, but he's too quick and I don't have time. Must go work some chattel.
    --
    without prejudice
  102. I do understand. by Grendel+Drago · · Score: 1

    I've had some surprisingly pleasant interactions with the police. When my car got stolen, for instance, the cop kept an eye out for it and found it out in the local ghetto. While we were waiting for the tow truck (the thieves had abandoned it with a flat tire), the following scene played out: A drunkish fellow walks by, and the cop banters with him. The guy moves off. My significant other says that the drunkish fellow seemed like a nice guy. The cop says that he was in jail for killing someone, and really isn't a nice guy at all. But a good cop knows everyone in his area. That hadn't occurred to me before, and it's the sort of thing which is never shiny or makes headlines, but is the difference between an effective and an ineffective police force.

    There's also the local guy with Parkinson's who smokes a ton of pot (apparently it helps with the shakes), and the cops leave him alone because they really don't want to throw an infirm guy in his sixties in jail for toking up.

    Of course, it's bettable that the cops wouldn't have been so helpful if I hadn't been white, and that is a significant problem. And the behavior of the NYPD at the Republican National Convention in '04 was absolutely shameful; people should have been fired for that, and publically. But these are problems that are solved with greater accountability and transparency.

    --
    Laws do not persuade just because they threaten. --Seneca
  103. See FEAR's work. by Grendel+Drago · · Score: 1

    Forfeiture Endangers American Rights (F. E. A. R.) has plenty of horrifying evidence (with illustrative anecdotes!) as to the fact that forfeiture is a bad, bad, bad idea.

    --
    Laws do not persuade just because they threaten. --Seneca
  104. To the nay-sayers... by Bones3D_mac · · Score: 1

    You might want to start cutting back on the bran early...

    It seems they are now trying to make it so that you don't even have to commit the crime to be charged for it.

    --


    8==8 Bones 8==8
  105. Re:Drop the hammer on them by jamstar7 · · Score: 1

    However, they did also have mandatory examinations of public officials upon leaving office, a process called euthynia. Accounts were inspected by randomly selected committees; any citizen could bring an accusation against the official in a public court; embezzlement or corruption would lead to a fine ten times the amount received; incompetence was let off with a fine merely equal to the amount involved.

    I rather like the idea.

    Back then, they also did a cute lil practice called crucifixion. I wouldn't mind bringing it back to use on politicians that get outta line...

    --
    Understanding the scope of the problem is the first step on the path to true panic.