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Congress May Outlaw 'Attempted Piracy'

cnet-declan writes "Attorney General Alberto Gonzales is asking Congress to make 'attempted' copyright infringement a federal crime. The text of the legislation as well as the official press-release is available online. Rep. Lamar Smith, a key House Republican, said he 'applauds' the idea, and his Democratic counterpart is probably on board too. In addition, the so-called Intellectual Property Protection Act of 2007 would create a new crime of life imprisonment for using pirated software in some circumstances, expand the DMCA with civil asset forfeiture, and authorize wiretaps in investigations of Americans who are 'attempting' to infringe copyrights. Does this go too far?"

27 of 768 comments (clear)

  1. Re:Why does the law punish attempts at all? by Anonymous Coward · · Score: 5, Insightful

    Attempted Murder?

  2. Life in prison? by jshriverWVU · · Score: 5, Insightful

    Yet murderers and rapist get out in less than 5-10. WTF is wrong with our society.

    1. Re:Life in prison? by Turn-X+Alphonse · · Score: 5, Insightful

      Murder victims tend to lack the money and legal bribery to get laws made in their favour. Money speaks and dead people don't :)

      --
      I like muppets.
    2. Re:Life in prison? by nine-times · · Score: 5, Insightful

      I'd go further: I think it's absurd to think of locking people up for a day for this sort of "pirating". Now, it's one thing if you're talking about actual pirates, cutting people's throats on the seven seas and whatnot. Hell, I'll even grant you that, if you're the head of a software-piracy ring that sells counterfeit DVDs, you probably deserve some prison time.

      But for downloading "pirated" software, or for using it? No. You aren't some sort of an irredeemable dangerous criminal just because you've downloaded Adobe Photoshop. Worst case for those sorts of pirates-- those who download or participate in a bittorrent-- should be something like paying 150% of the retail price of the infringing software.

  3. This is brilliant! by dudeman2 · · Score: 5, Insightful

    Once life imprisonment for piracy is passed, the only safe software to use will be Free/Open Source.

    1. Re:This is brilliant! by CastrTroy · · Score: 5, Interesting

      This is more true than most people think. Do you keep receipts for all the software you buy? Can you prove you have a license? The only safe software will be Open Source and Free. Anything else could land you in jail, because you can't prove that you actuallly have a license. This is why I think more businesses should be using open source software. It makes it a lot easier to keep track of licenses.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  4. Re:Why does the law punish attempts at all? by toleraen · · Score: 5, Funny

    If at first you don't succeed, try, try again!

  5. Crazy by Judg3 · · Score: 5, Informative

    If you aren't yet a member of the Electronic Frontier Foundation, now would be a real good time to start. http://www.eff.org/

    --
    Looking for hardware (Currently need: Large Etch-a-Sketch) Have one? See my journal!
  6. Minority Report anyone? by LoaTao · · Score: 5, Interesting

    Attempted copyright infringement? When we can't get our elected officials charged with real, already committed and documented crimes? What is going on in this country!?!

    --
    The smartest man in the whole, wide world really don't know that much. - Mose Allison
  7. Re:Lifetime Crime by morgan_greywolf · · Score: 5, Interesting

    "would create a new crime of life imprisonment for using pirated software in some circumstances"

    I dont know what circunstances are those, but yeah right any judge would sentence that.


    RTFA

    The proposal increases the maximum penalties for 5 2320 offenses from 10 to 20 years imprisonment where the defendant knowingly or recklessly causes or attempts to cause serious bodily injury, and increases the maximum penalty to life imprisonment where the defendant knowingly or recklessly causes or attempts to cause death.


    And exactly how is someone going to cause death while committing criminal copyright infringement?
  8. Homeland secuirty to be arm of RIAA !!! by RichMan · · Score: 5, Interesting

    FTA: Require Homeland Security to alert the Recording Industry Association of America.

    Sure that is what everyone intended the anti-terrorism money to go to.

  9. Wait, what? by LordPhantom · · Score: 5, Insightful

    All considerations about copyright infringement aside (legal, illegal, etc), this just makes my blood boil:

    " Require Homeland Security to alert the Recording Industry Association of America. That would happen when compact discs with "unauthorized fixations of the sounds or sounds and images of a live musical performance" are attempted to be imported. Neither the Motion Picture Association of America nor the Business Software Alliance (nor any other copyright holder such as photographers, playwrights, or news organizations, for that matter) would qualify for this kind of special treatment."

    Since when did Copyright Infringement become an issue for Homeland Security to work directly with a specific corporation?
     
        Why give only the RIAA this treatment? Do they notify Tropicana when off-brand OJ is smuggled in from Mexico?

  10. "probably?" by Richard · · Score: 5, Informative

    "his Democratic counterpart is probably on board too"

    Would it be too much to ask that you find out Rep. John Conyer's position - hell, even his name would be an improvement, and perhaps understanding why Rep. Smith is considered "key" (hint: check the committees) - before you start tarring him with the same brush as Rep. Lamar Smith?

    -Richard Campbell.

    --
    -Richard
  11. Here is exactly what is wrong with by zappepcs · · Score: 5, Insightful
    this legislative effort and *ALL* those who support it:

    (The Justice Department's summary of the legislation says: "It is a general tenet of the criminal law that those who attempt to commit a crime but do not complete it are as morally culpable as those who succeed in doing so.") You cannot and SHALL not legislate morality. Thought police should be shot on the basic premise that they cannot stop themselves from breaking the laws the are supposed to uphold. Witness so many big pulpit preachers that can't stay away from young men, drugs, prostitutes etc. If you look at all the crimes committed by elected leaders it will make you wonder how the US government can even operate. Thought crimes cannot be punished. Morality cannot be legislated.

    If this is to pass, what immoral act would next be prosecuted? Being gay? Being obese? Being lazy?

    This is clearly an admission by those who support it that they are UNABLE to enforce current laws, and even that they are trying to enforce laws that are thought to be bad laws by enough people that they can't possibly get 100% compliance.
  12. Re:Lifetime Crime by miskatonic+alumnus · · Score: 5, Funny

    I don't know ... distributing Gigli and Battlefield Earth might be a start.

  13. Re:Yes. by AKAImBatman · · Score: 5, Informative

    I wouldn't lose any sleep over this bill. It's basically the Intellectual Property Protection Act of 2006 (text) reincarnated as the Intellectual Property Protection Act of 2007. Don't you see how much better the new version is? It's got 2007 in the name! Congress, therefore, MUST pass it this time! :-/

    As far as I can tell, Congress didn't even care to look at, much less vote on it. The only difference this time is that the Attorney General is attempting to submit the law himself to give it more credibility. (It was previously backed by Rep. Lamar S. Smith (R) of Texas.) My hope is that it will end up in the same dustbin as the last attempt.

  14. Re:Yes. by NeoPaladin394 · · Score: 5, Interesting

    Why is this guy still in office? Is he trying to pass as much law for his puppet masters as he can before the angry mobs get to him? This is ridiculous! I'm not surprised at all that the President backs this.

    FTA:

    "Currently certain copyright crimes require someone to commit the "distribution, including by electronic means, during any 180-day period, of at least 10 copies" valued at over $2,500. The [Intellectual Property Protection Act of 2007] would insert a new prohibition: actions that were 'intended to consist of' distribution."

    So not only are we going to punish thought crime and what big brother thinks you're going to do, but this bill would even require Homeland Security to inform the RIAA and associated companies if one of us imports discs with "unauthorized fixations of the sounds or sounds and images of a live musical performance." Why don't we just reorganize the RIAA as another extension of the federal government? They're practically there anyway, and they'd be able to add an RIAA Piracy tax to our paychecks.

    This does not bode well. This does not bode well at all. It would be interesting to see how current presidential candidates handle this proposition, but am I too jaded if I think it will never reach any debate podiums?

  15. Riiight... by frieko · · Score: 5, Insightful

    Need I remind you the DMCA itself started out as one of those "bullshit bills"...

  16. Death to tyrants by Dog-Cow · · Score: 5, Insightful

    Not even 250 years ago, the founders of this country willingly committed treason and went to war over laws such as this. Life imprisonment sounds a lot worse than taxation without representation to me. The general population of the United States are not served by this law. We are not being represented. Now, we can't even get the offenders voted out of office. Never mind trying to incite a revolution.

    The only good politician is tortured and dead.

  17. Ownership Society by palladiate · · Score: 5, Insightful

    This is going to sound like a screed, but now you figured it out. The implications of the last 6 years of legislative and executive action are damn obvious to academic economists (like me). The "ownership society" the Decider spoke so much about in 1999 and 2000 leads directly to this. Not long ago, Republicans would be very angry and resentful that the government would try and allow monopolies on our collective culture. Now, all politicians are content that well over half this country will be at the mercy of the "Owners." Being an "Owner" won't be easy though, because many, many employers are making employees sign away all rights to inventions, patents, and copyrights devised while at the company (we don't know how enforcable this is now, but will be within 50 years at the current pace). Any worker will never be able to own their own work, and will never be able to enter the "Ownership" class easily.

    We will enter feudalism all over again, but this time over access to information. Instead of paying a 60% title to your lord, or paying 35% in tax, you'll be paying 1000s of micropayments to let you do things like sing "Happy Birthday" at your child's birthday, or to load that CD into your computer. Your right to know if there is melamine in your flour will just be more commoditized information, and well beyond your ability to afford. You'll have to buy all your human and property rights back from the barons that own them, if you have the cash.

    Democrats stopped being "liberal" about 70 years ago. About 30 years ago, Republicans stopped being "conservative." We are left with two right-wing Authoritarian parties. As disclosure here, I voted for Bush in 2000, thinking he'd be less authoritarian than Al "My wife invented the Tipper Sticker" Gore and Joe "We need to censor video games" Lieberman. I may have been wrong.

  18. Re:Yes. by Kadin2048 · · Score: 5, Insightful

    Why don't we just reorganize the RIAA as another extension of the federal government? They're practically there anyway, and they'd be able to add an RIAA Piracy tax to our paychecks.

    Because then they'd have to pay lip service to things like Due Process and the Freedom of Information Act. They're much happier as a private organization that simply gets the government to do its bidding for it.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  19. Re:Why does the law punish attempts at all? by Vraylle · · Score: 5, Funny

    Ineptitude, or possibly a short attention span?

    --
    Mutant Freaks of Nature: "Frighteningly Addictive"
  20. Oblig. Simpsons reference by kristoferkarlsson · · Score: 5, Funny

    Sideshow Bob: Attempted murder, now honestly, what is that? Do they give a Nobel Prize for attempted chemistry?

  21. Re:Why does the law punish attempts at all? by TheLetterPsy · · Score: 5, Funny

    Ummm, manganese dioxide is a metal oxide, not a salt. Salts are ionic.

    A metal oxide with a deadly weapon still sounds pretty scary, though.

  22. Re:RTFB before you post on /. by Danse · · Score: 5, Insightful

    If you actually read the bill, the only violation of this bill that could lead to life imprisonment is covered in Section 12, which specifically mentions that this sentence may be imposed on someone who "knowingly or recklessly causes or attempts to cause serious bodily injury from conduct in violation of" trafficking counterfeit goods or services.
    That seems pretty damn reasonable to me.
    But hey...what do I know? I just RTFB.

    Yeah, and they'll charge you with that after one of the SWAT guys stubs his toe after breaking into your house to arrest you for . To me, it sounds like a ridiculous new law that serves no good purpose. We already have laws against assaulting an officer. This is just dumb.
    --
    It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  23. Re:Why does the law punish attempts at all? by superbus1929 · · Score: 5, Insightful

    And hate crimes are bullshit, too. If I beat the shit out of someone, it doesn't matter if they're white, black, aquamarine, it doesn't matter; I'd say some form of "hate" was involved. If a white man beats up a black person, that's a hate crime, but if a black person beats up a white man, that's a rap video. Very hypocritical.

    --
    Let's stop dilly-dallying and just change "-1: Overrated" to "-1: Disagree" or "-1: Doesn't Subscribe to Groupthink".
  24. Re:Several reasons Horsesh*t by Cryolithic · · Score: 5, Insightful

    >>when even rape and murder often aren't given life sentences?
    Nail, meet head.

    There is a perfect example of what's fucked up in the US.
    Rape? Murder? You'll be out in a few years. Armed Robbery? Still be out in a few years.
    Punch somebody in the nose while distributing Warez0rs? You're going to Rape Me in The Ass Prison for Life!