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Anti-Counterfeiting Trade Agreement

SpaceAdmiral writes "The Canadian government is secretly negotiating to join the US and the EU in an Anti-Counterfeiting Trade Agreement. The agreement would give border guards the power to search iPods and cellphones for illegal downloads, as well as to force ISPs to hand over customer information without a warrant. David Fewer, staff counsel at the University of Ottawa's Canadian Internet Policy and Public Interest Clinic, characterizes ACTA this way: 'If Hollywood could order intellectual property laws for Christmas what would they look like? This is pretty close.'"

390 comments

  1. Probably Related, EU Software Patent Treaty. by twitter · · Score: 1, Insightful

    If you can't buy a law, buy a treaty. This one would force software patents on the EU. I am ashamed of my country for pushing things like this and I'm amazed we try given our excessive petrolium consumption, excessive pollution and a war of aggression. Is this GWB's way of getting as much done as he can before leaving office or have all of the world's government become this much less democratic?

    --

    Friends don't help friends install M$ junk.

    1. Re:Probably Related, EU Software Patent Treaty. by Anonymous Coward · · Score: 0

      Only thing I could come up with when I read this was Holy Fuck!

      Why don't we just surrender all our telecomm networks and computers to the government now? It should be cheaper for everyone involved, they wont even have to ask for the information from a third party!

    2. Re:Probably Related, EU Software Patent Treaty. by erroneus · · Score: 3, Insightful

      GWB and his parties aren't smart enough to understand what they are doing. What they understand is they have power and that it is valuable... they have made it available for sale and there are ample buyers out there buying their piece of the government and by extension, control of the world.

      I doubt any explanation could be more accurate and simple at the same time.

    3. Re:Probably Related, EU Software Patent Treaty. by Zemran · · Score: 4, Interesting

      It is all stupid anyway. I work in Azebaijan (lots of restrictions on P2P and VOIP) and before that I worked in the UAE (where VOIP is illegal). Several other crazy places (like Thailand where they banned YouTube) before that. I am used to crazy laws. I now use a proxy in Switzerland that costs me $5 a month because it gets me through the censors anonymously using SSH. As these stupid laws proliferate the anonymous proxies in Switerland will have a golden era. US, Canadian and EU citizens will now need them as well so that they can carry their iPods empty through customs and go online and fill them up the other side. If you want to avoid the eyes of the MAAFIA use SSH to a proxy in Switzerland (land of the free).

      Avoid the proxies in Sweden etc. as they are subject to EU law, Switzerland is not subject to EU law and do no reveal your identity to anyone.

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    4. Re:Probably Related, EU Software Patent Treaty. by Ihmhi · · Score: 1

      Why surrender them? It's better and cheaper to let some private company run them and just install listening posts here and there like they do now.

    5. Re:Probably Related, EU Software Patent Treaty. by Anonymous Coward · · Score: 0

      Seeing that i live in Switzerland, i think i'll have to set up a proxy-box and run it from my flat :)

    6. Re:Probably Related, EU Software Patent Treaty. by aurispector · · Score: 2, Insightful

      Hey, don't pin the blame just on Bush. The democrats have been in the pocket of the entertainment/media industries for years. Nancy Pelosi and Harry Reid stand up there and shill for every new copyright enforcement law that big media writes for them.

      Pay attention to this shit, because party politics is just another big, fat, red herring the corporate drones are waving in your face. Neither party has your interests at heart.

      --
      I have mod points. The reign of terror begins now.
    7. Re:Probably Related, EU Software Patent Treaty. by erroneus · · Score: 1

      That is why I identified the system as "the parties." They are both guilty of the same practices. They have simply divided up the "market" to service various groups of interests. They have taken "appallingly corrupt" and marketed it into "we've always done it this way!"

    8. Re:Probably Related, EU Software Patent Treaty. by BuckaBooBob · · Score: 1

      Honestly how the hell is a Border guard going to figure out what I have purchased and what I haven't on my 160 Gig Ipod when I cross the border,.

      Worse yet.. How are they going to distinguish what content I have exercised my Fair use rights VS Downloaded material that does not fall under Fair use.

      This should be labeled something like the Pipedream Trade Agreement.

      --
      Who needs WiFi when we can have Packet Over Sheep! http://datacomm.org/PoS-InternetDraft.txt
    9. Re:Probably Related, EU Software Patent Treaty. by online-shopper · · Score: 1

      Actually you blamed gwb and *his* parties. no mention of the fact that any group in a position of power tends to ass rape it's subjects.

    10. Re:Probably Related, EU Software Patent Treaty. by pryoplasm · · Score: 1

      "carry their iPods empty through customs and go online and fill them up"

      carry them empty? isn't one of the main reasons to bring them is for something to listen to before and during the flight?

      --
      Those who live by the sword, get shot by those who live by the gun...
  2. how do counterfeiting and copyright by mikesd81 · · Score: 2, Insightful

    go together?

    --
    That which does not kill me only postpones the inevitable.
    1. Re:how do counterfeiting and copyright by jeiler · · Score: 5, Interesting

      A copied song--as it was not produced by the authorized agent--could be considered "counterfeit." At least, that's the closest to understanding that I can get to by guessing. It sounds like someone's buggered all their sense away.

      --

      If you haven't been down-modded lately, you aren't trying.

      Sacred cows make the best hamburger.

    2. Re:how do counterfeiting and copyright by mikesd81 · · Score: 1

      Sounds like they're stretching now to stop copyright infringement any way they can.

      --
      That which does not kill me only postpones the inevitable.
    3. Re:how do counterfeiting and copyright by Anonymous Coward · · Score: 0

      Like doughnuts and motor oil!

    4. Re:how do counterfeiting and copyright by Anonymous Coward · · Score: 0

      Hell, I don't know. How does a blue tablecloth go with Red China?

    5. Re:how do counterfeiting and copyright by jeiler · · Score: 3, Insightful

      To me, it sounds like they're completely raping the legal system to accomplish their goal. Which can only result in contempt for copyright laws.

      --

      If you haven't been down-modded lately, you aren't trying.

      Sacred cows make the best hamburger.

    6. Re:how do counterfeiting and copyright by gnuman99 · · Score: 4, Insightful

      I'm a proponent of IP laws and copyright. But how the heck is counterfeiting and IP fit together?? Sorry, but it doesn't make any sense.

      Counterfeiting to me means items produced as a "look a like" or in similar context, without a license to use the trademark. So, candy or tires or even CPUs can be counterfeit. But IP is not, because only counterfeit is reverse engineering. IP generally gets copied exactly. So how the heck is that counterfeit??

      The only way they can apply it is if you have counterfeit CDs or DVDs or similar. But that still applies to the media marks, not the IP. The video is not counterfeit, the media is.

      Or is someone selling KDE has "Windows Vista"?

      Counterfeit and IP don't exactly make sense.

    7. Re:how do counterfeiting and copyright by Maestro4k · · Score: 1

      I believe what they're trying to do is "protect" against counterfeited items like designer bags/clothes/sunglasses/etc. In those cases it's a design patent that's being infringed so they're considering it IP. It's even more silly then as there are plenty of laws dealing with counterfeit goods already, they don't need this insane proposal to enforce that.

      Of course this isn't really about counterfeiting and copyright infringement, it's about control.

    8. Re:how do counterfeiting and copyright by Kamineko · · Score: 1

      What makes you think this is about either?

    9. Re:how do counterfeiting and copyright by MSZ · · Score: 2, Interesting

      Which can only result in contempt for copyright laws.

      You're suggesting there is any respect for them?
      I don't think there is any left today. While copyright was useful tool it is no longer so - and it's getting so obvious that even the "average people" are noticing.
      --
      The moon is not fully subjugated. I demand a second assault wave preceded by a massive nuclear bombardment.
    10. Re:how do counterfeiting and copyright by pjt33 · · Score: 1

      Trademarks are IP. IP falls into four categories: patents, trademarks, copyright, and trade secrets.

    11. Re:how do counterfeiting and copyright by jeiler · · Score: 1

      You're suggesting there is any respect for them? I don't think there is any left today

      Well, obviously there is some respect for copyright laws ... at least among copyright holders! :D

      While copyright was useful tool it is no longer so - and it's getting so obvious that even the "average people" are noticing.

      Dunno about that. I frequently worked with one sub-set of the music community that takes great care about copyright laws ... not so much out of respect for the laws, but out of respect for the people who wrote the original songs. This is the filk community, and most everyone in the community knows everyone else. Of course, in the filk community, you're far more likely to see people licensing their music as Creative Commons or even under a custom "Use it however you like, but if you make money from it, I want my share."

      --

      If you haven't been down-modded lately, you aren't trying.

      Sacred cows make the best hamburger.

    12. Re:how do counterfeiting and copyright by Anonymous Coward · · Score: 0

      Well, I goatse think that this goatse is all goatse goatse a bunch of crap goatse. But I don't goatse think that general goatse contempt for copyright goatse laws is going to do anything goatse about them.

      Goatse.

      (mods: read parent, grandparent, and great-grandparent posts, please, before you mod me to oblivion :D)

    13. Re:how do counterfeiting and copyright by gstoddart · · Score: 1

      A copied song--as it was not produced by the authorized agent--could be considered "counterfeit." At least, that's the closest to understanding that I can get to by guessing. It sounds like someone's buggered all their sense away.

      Except, here in Canada, we have the legal right to at the very least format shift CDs we've bought. Arguably, we also have (for now) the right to download songs and the like since they're charging a fee on blank media.

      There is no way in hell that anyone can tell from the music on my iPod where in the hell I got the songs. Are they going to come back to my house ans inventory my CD collection from whence it was ripped? Or will they assume that all MP3s are illegal.

      I just can't see how this would ever stand up in court.

      Cheers
      --
      Lost at C:>. Found at C.
    14. Re:how do counterfeiting and copyright by alexo · · Score: 3, Informative

      A copied song--as it was not produced by the authorized agent--could be considered "counterfeit."

      Except that private copying of music is legal in Canada.

      the act of reproducing all or any substantial part of
              (a) a musical work embodied in a sound recording,
              (b) a performer's performance of a musical work embodied in a sound recording, or
              (c) a sound recording in which a musical work, or a performer's performance of a musical work, is embodied
      onto an audio recording medium for the private use of the person who makes the copy does not constitute an infringement of the copyright in the musical work, the performer's performance or the sound recording.


      Sonds to me like the assholes in power are trying to circumvent the laws for the benefit of American corporate interests..

      Time to contact your Member of Parliament and express your displeasure. Snail mail works best, no stamp is needed.
    15. Re:how do counterfeiting and copyright by why-is-it · · Score: 1

      Well, obviously there is some respect for copyright laws ... at least among copyright holders! :D

      I'm not so sure about that. By paying for copyright term extensions on existing works, the media cartels are effectively stealing from the public domain. It seems that respect only applies when it works to their advantage...

      --
      *** Where are we going? And what's with this handbasket?
    16. Re:how do counterfeiting and copyright by Anonymous Coward · · Score: 0

      You're reproducing the work similar to the original, but not exact. In counterfeiting physical items, you use the original as a base and copy from it as closely to identicle as you can get. With IP, it's not different. With music, instead of copying it yourself, you use a program to digitally format-shift it. It's really not unlike drawing the $20-bill on regular paper instead of the proper sheet.

    17. Re:how do counterfeiting and copyright by Scarletdown · · Score: 1

      The video is not counterfeit, the media is. If I had recorded my poor attempt at trying to sound like Charlie Daniels last time I did karaoke, that could have been considered a counterfeit rendition of The Devil Went Down to Georgia. :)
      --
      This space unintentionally left blank.
  3. Fuck This by Anonymous Coward · · Score: 2, Insightful

    I can't wait for the baby boomers to die so we can take our damn country back and start thinking logically about copyright law.

    1. Re:Fuck This by moderatorrater · · Score: 2, Insightful

      It's going to be a while. People who were undergrads when napster was out aren't even able to run for president yet. When these people are the politicians and the dominant party, what new issues will they be missing out on? Will we be seen as a stodgy class that refuses to give up these stupid privacy laws that make it so that the darn kids can't join 15 sites at once? Perhaps the pendulum will swing the other way, and they'll be getting angry because we're not letting artists control their works, because nobody can get a job writing software because president Stallman (or similar) refuses to recognize any actionable copyright or patents.

      The real answer is smaller federal government and less laws so that thigns can be decided on a smaller scale or not decided by the government at all. Too bad there aren't any parties that run on that platform in the US.

    2. Re:Fuck This by Iamthecheese · · Score: 5, Interesting

      The baby boomers couldn't wait for their parent's generation to move on and allow them to legalize pot. Logical thinking about copyright won't happen either.

      America is moving towards an information economy. Those in power are aware of the transformation and are trying to protect future American interests.

      When the manufacturing is all being done in the cheapest places (globalization) America will only have her service economy, IP (If America owns Hollywood, she can buy and sell the world's spare time), and such control over business dealings in foreign lands as her businesses can muster and enforce.

      Can you get rich by doing your neighbor's laundry if he is doing your in return? The GDP generated by Americans doing services for Americans is only wealth in terms of employment.

      If IP is not protected, the only remaining wealth in America will be foreign businesses. Foreign businesses can be nationalized as soon as America's military isn't a major threat.* So suppose these events happened:

      1: Rampant piracy makes ownership of IP moot
      2: Japanese, Saudi, or Chinese businesses dump their bonds.

      That's it! Those two things would bring America crashing to her knees, and destroy the cultural, economic, and military might of the greatest nation on earth. There really is a 3: profit for many powerful people. This is what America's leaders are doing about the situation:

      Hiding the extent of the danger
      Misguidedly passing draconian IP protection laws
      Maintaining a large, secret technological lead (black tech: its real. No, I don't believe in UFOs)

      That's what they're doing. I pass no judgment here, I'm just saying, that is the cause of these actions.


      *Did you know that 50% of American businesses overseas (overseas divisions)are owned by the Chinese and theoretically controlled by the Chinese government? Did you know that the Saudis can take controll of foreign firms with the flick of a pen?

      --
      If video games influenced behavior the Pac Man generation would be eating pills and running away from their problems.
    3. Re:Fuck This by CautionaryX · · Score: 1

      Try the libertarian party. Unfortunately they never get votes b/c they're not Rep. or Dem.

    4. Re:Fuck This by mOdQuArK! · · Score: 5, Insightful

      I strongly disagree with your assertion that IP protection will "protect America's future". If anything, IP protection will strangle America's ability to compete with foreign competitors.

      There's even a precedent: when America was entering the Industrial Revolution, it built up a great deal of its powerful industrial base by "stealing" inventions from Europe. The European countries protested a lot about the U.S. stealing industrial secrets, but that didn't stop the U.S. from using those ideas to leapfrog its competitors into an economic powerhouse.

      Doesn't that sound similar to the relationship that the U.S. has with China right now? What could the U.S. possibly offer China that would be worth China deliberately ignoring all those good inventions that it can use to build itself up?

      If America really wanted to maintain a technological lead, it would be investing in educating its citizens in hard math & science, investing in applied research, and helping U.S.-only companies use the fruits of that research.

      Instead, we get "leaders" who defund public education & finance anti-science propaganda campaigns, and who seem to think that America can keep a position of "world leadership" by waving its military dick around. Between those kinds of leaders & the idiots who blindly follow them, America has pretty much set itself up to be given the "Most Deserving of Becoming a Has-Been Superpower" award.

    5. Re:Fuck This by Iamthecheese · · Score: 1

      I made no such assertation. I said that these laws are being passed by people who think they will have that effect. And what economic good are all those scientists if all the knowledge they create effectively goes into the public domain?

      --
      If video games influenced behavior the Pac Man generation would be eating pills and running away from their problems.
    6. Re:Fuck This by mOdQuArK! · · Score: 2, Insightful

      > And what economic good are all those scientists if all the knowledge they create effectively goes into the public domain?

      The economic good is created by the entrepreneurs who take those public domain ideas & use them to sell goods & services of course. That's why investing in public domain research is an "infrastructure" investment, not a means of creating direct economic value.

    7. Re:Fuck This by mmyrfield · · Score: 1

      Why are you scared of the public domain? That knowledge will do a hell of a lot more good in the public domain than it will while it is under patent or copyright.

      As for your sig, child porn is far from mere thought-crime: consider the fact that by consuming it you are supporting the creation of it, and thus supporting the exploitation of children.

    8. Re:Fuck This by mrbluze · · Score: 1

      I can't wait for the baby boomers to die Having a good health system isn't helping.
      --
      Do it yourself, because no one else will do it yourself. [beta blockade 10-17 Feb]
    9. Re:Fuck This by Anonymous Coward · · Score: 0

      Maintaining a large, secret technological lead Dream on.
    10. Re:Fuck This by Anonymous Coward · · Score: 0

      I strongly disagree with your assertion that IP protection will "protect America's future"

      He didn't assert that: He asserted that it is being done in order to protect America's future while saying in the same sentence that the means being used to do so were misguided. Saying that it is done for that purpose is not the same thing as saying that it will have that effect.

    11. Re:Fuck This by Iamthecheese · · Score: 1

      Allow me to rephrase:

      What good are the scientists to America that is more than the good that would go to the rest of the world? Or are you proposing that US taxpayers should pay for the good of all mankind and expect nothing in return? Surely you realize that research can be as effectively exploited by Hungarians as by Americans... Realize that what you are proposing is a worldwide public works project, and that American politicians work for Americans.

      --
      If video games influenced behavior the Pac Man generation would be eating pills and running away from their problems.
    12. Re:Fuck This by Anonymous Coward · · Score: 0

      Those two things would bring America crashing to her knees I say old dear, while you're down there :D
          -- England
    13. Re:Fuck This by init100 · · Score: 1

      Or are you proposing that US taxpayers should pay for the good of all mankind and expect nothing in return? Surely you realize that research can be as effectively exploited by Hungarians as by Americans.

      Of course, but Americans are not the only taxpayers paying for research that can be used by other countries. Most researchers around the world publish their results, and American businesses can benefit from those foreign discoveries just as much as foreign businesses can benefit from American discoveries.

    14. Re:Fuck This by Anonymous Coward · · Score: 0

      I like this mans ideas and would like to subscribe to his newsletter

    15. Re:Fuck This by Beyond_GoodandEvil · · Score: 1

      2: Japanese, Saudi, or Chinese businesses dump their bonds.
      Riiiight, b/c those 9 Nimitz Class carriers magically stop working once the chinese sell their bonds. As for nationalization at the flick of a pen, that cuts both ways.

      --
      I laughed at the weak who considered themselves good because they lacked claws.
    16. Re:Fuck This by maxume · · Score: 1

      The libertarian party doesn't run on a platform of smaller government, they run on a platform of no government, which is crazy, and a big part of the reason they don't get any votes (notice how Ron Paul also didn't get any votes, even though he had on one of the approved labels).

      --
      Nerd rage is the funniest rage.
    17. Re:Fuck This by kaysan · · Score: 1

      I find the thought of the world's most powerful army belonging to an economically wracked nation quite frightening. There are compelling historical examples which would have nations such as China and S.A. reconsider before initiating action which transforms the source of global economic and political stability into a breeding ground for nationalistic radicalisation.

    18. Re:Fuck This by mOdQuArK! · · Score: 1

      That is why one of the reasons I suggested that part of the public investment into applied research should include helping U.S.-only entrepreneurs to use the fruits of that applied research - to give American companies a small advantage (or big, depending on the complexity of using that technology) at using what American taxpayers helped research.

      There are issues such as multinational corporations & their subsidiaries (whether you give them any help), and whether you stop a U.S.-only company that you have given help from being bought by a foreign or multinational owner. Perhaps in the latter case part of the "technology assistance" would include a contract that says if the rights to the technology get transferred to a non-U.S. owner, then the non-U.S. owner is required to recoup the American taxpayer for the costs of the original research. (I'm obviously still daydreaming about the issue, but I'm sure there are smarter people than I who could design a pretty good system of such incentives.)

      Also, you are ignoring the synergistic effects. If you also simultaneously invest in public education and the public infrastructure, then U.S. entrepreneurs will be in better shape to take advantage of the results of any public research than any other country on the planet. The foreign competition will help keep them honest (in terms of efficiency), and the American consumers will reap the benefits accordingly.

    19. Re:Fuck This by Anonymous Coward · · Score: 0

      This is worth repeating:

      "If America really wanted to maintain a technological lead, it would be investing in educating its citizens in hard math & science, investing in applied research, and helping U.S.-only companies use the fruits of that research."

    20. Re:Fuck This by JCSoRocks · · Score: 1, Insightful

      Indeed. Sadly the time of the republican party supporting small government and a "hands off" attitude has long since passed. Now it's all about supporting whatever huge corporate conglomerate they get money from.

      What happened to state's rights? It seems like people have completely forgotten about them... I have no doubt that if you asked average joe on the street about it you'd get a blank stare.

      I always thought they were a big part of making sure that the different groups of people in a country of this size got what they wanted (You don't like our laws? Try another state's). At least then those corporate guys would have to bribe 50 people instead of just a handful :P

      --
      You are using English. Please learn the difference between loose and lose; they're, there, and their; your and you're.
    21. Re:Fuck This by moderatorrater · · Score: 1

      What happened to state's rights? Slavery and institutional racism. The southern states used their rights to oppress a race, and the baby got thrown out with the bathwater.
    22. Re:Fuck This by Anonymous Coward · · Score: 0

      What happened to state's rights? It seems like people have completely forgotten about them... I have no doubt that if you asked average joe on the street about it you'd get a blank stare. State's rights disappeared right around the time the 22nd Amendment was passed.

    23. Re:Fuck This by Anonymous Coward · · Score: 0

      Are you stupid? What the fuck are some aircraft carriers going to do against a whole country? All you could do is blockade their sea routes for a little while, maybe.

      I love it when Americans, maybe having nostalgic thoughts about taking Japan, imagine their military could do anything at all against China. Are you kidding me? Go look at a map, and check out Wikipedia while you're at it.

      It could be possible, perhaps, for America to invade and hold China, if you struck fast enough (maybe within the next 10 years). But it would take total, no limits, no holds barred all-out war. It would make Vietnam look like a walk in the park and Iraq look like getting a blow job on your birthday. You'd need a pretty fucking good reason.

      Realistically, though, it's never going to happen. The US looks overstretched just with Iraq and Afghanistan. China is 10 times larger than WWII Japan and Germany put together, an endless supply of young men, the largest manufacturing capacity in the world - picking a fight with China would be the last thing the USA ever did.

    24. Re:Fuck This by marxmarv · · Score: 1

      Allow me to rephrase:

      What good are the scientists to America that is more than the good that would go to the rest of the world? Or are you proposing that US taxpayers should pay for the good of all mankind and expect nothing in return? US exceptionalism has this funny way of making USians think they are not themselves a component of "all mankind".

      Stop thinking about this from the standpoint of a "market-state" and try it from the standpoint of a "nation-state". What have increases in US international trade done for US standard of living?
      --
      /. -- the Free Republic of technology.
    25. Re:Fuck This by marxmarv · · Score: 1

      As for nationalization at the flick of a pen, that cuts both ways. Very true, if the US had a whole lot worth nationalizing that isn't already cheaper somewhere else.
      --
      /. -- the Free Republic of technology.
    26. Re:Fuck This by Iamthecheese · · Score: 1

      MOM??

      -America

      --
      If video games influenced behavior the Pac Man generation would be eating pills and running away from their problems.
    27. Re:Fuck This by Beyond_GoodandEvil · · Score: 1

      Are you stupid?
      I might ask you the same question, but I can't since your one of the many AC's who post on /. Who said anything about invading or holding China? I merely mentioned the fact that the day after the Chinese, Saudi, and Japanese dump their bonds, the US will still have 9 carriers capable of exerting political will onto the world. Why would anyone want to hold China, maybe the industrial parts, but those are soon going to look like parts of NJ nobody wants.

      --
      I laughed at the weak who considered themselves good because they lacked claws.
  4. This is a little ridiculous. by Mongoose+Disciple · · Score: 5, Funny

    I mean, all the standard talk about Big Brother and the futility of fighting music piracy and the ethical problems of fighting the means of music piracy etc. aside...

    IPods full of American music smuggled past Canadian customs? I'm sure that's exactly how Canadians are getting illicit copies of American music. (And vice versa.)

    1. Re:This is a little ridiculous. by Anonymous Coward · · Score: 5, Funny

      IPods full of American music smuggled past Canadian customs? I'm sure that's exactly how Canadians are getting illicit copies of American music.

      If you've got a better way to do it, please share... iPod Shuffles are not the most comfortable things to hide in one's ass.

    2. Re:This is a little ridiculous. by servognome · · Score: 1

      It's gotten worse with the second gen Shuffles

      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    3. Re:This is a little ridiculous. by neoform · · Score: 2, Funny

      Shh, make them think that's how we get our pirated music, I don't want them to know I actually have the mp3s shipped via FedEx.

      --
      MABASPLOOM!
    4. Re:This is a little ridiculous. by ameline · · Score: 1

      You think the shuffle is uncomfortable -- try the classic. Never mind a 17" macbook pro.

      --
      Ian Ameline
    5. Re:This is a little ridiculous. by Anomolous+Cowturd · · Score: 4, Funny

      Obviously not an Apple fanboy.

      --
      Software patents delenda est.
    6. Re:This is a little ridiculous. by garett_spencley · · Score: 3, Interesting

      What really bothers me about these international agreements is that, at least in Canada, they are often signed without public involvement. While I don't have any specific examples, I've heard of cases where the Canadian charter (most supreme law in Canada, similar to the Constitution in the US) was over ruled by international law.

      I mean, besides writing my federal representatives what can I, as a voting citizen, do about this ? Making amendments to the Charter and Constitution is a REALLY BIG DEAL and not easy to do. But signing international treaties which can over rule our most supreme national laws is standard practice.

    7. Re:This is a little ridiculous. by zwei2stein · · Score: 2, Insightful

      I think you don't get it.

      This is part of "Make everyone criminal". If not enough people are breaking rules, you invent some more rules that they have to break in order to live comfortably.

      It produces fear and guilt and thought fear conformity and obedience (you don't want to stand out and give anyone reason to go harass you because you know there is something to be harassed about). It gives base for bullying inconvenient people: they can use your filled ipod to give you minor bitch slap as well as to do monster process that will ruin you.

      Its all about giving your government more tools. The fact that it benefits big media corps is win/win side effect (RIAA is happy and major newspapers/tv channells wont cover this threaty)

      --
      -- Technology for the sake of technology is as pathetic as eschewing technology because it's technology.
    8. Re:This is a little ridiculous. by Anonymous Coward · · Score: 0

      Two words "Flash Drive". Small enough to fit comfortably but sufficient storage space for a great many songs. and bonus, having the playback feature of an iPod go off accidentally while passing through customs would be a bit of a giveaway, so not having that capability makes it more unobtrusive and less likely to be detected.

    9. Re:This is a little ridiculous. by Anonymous Coward · · Score: 0

      If you've got a better way to do it, please share... iPod Shuffles are not the most comfortable things to hide in one's ass. What's this iPod Shuffle you speak of? I've been using my 40GB 3G for years. I'm just glad they got rid of the sharp edges.
    10. Re:This is a little ridiculous. by Anonymous Coward · · Score: 0

      Exactly. Illegal downloads and counterfeiting aren't the same thing. Counterfeiting involves making copies of works/goods that purport to be genuine.

      No way. Turn off the panic machine - if you can.

    11. Re:This is a little ridiculous. by Anonymous Coward · · Score: 0

      You're talking about Apple users. They are going to put the 80 GB model up there.

    12. Re:This is a little ridiculous. by DKP · · Score: 1

      vote them out of office it is the only thing that can be done.

    13. Re:This is a little ridiculous. by Anonymous Coward · · Score: 0

      SD Card in a Camera? Switch the camera on, and it only shows .jpgs.

    14. Re:This is a little ridiculous. by why-is-it · · Score: 1

      IPods full of American music smuggled past Canadian customs? I'm sure that's exactly how Canadians are getting illicit copies of American music. (And vice versa.)

      When will this ever end? The Canadian Government has apologized for Bryan Adams on several occasions.

      --
      *** Where are we going? And what's with this handbasket?
    15. Re:This is a little ridiculous. by Em+Adespoton · · Score: 1

      The stupid thing is, that works great for the US, but that's not how you get things done in Canada. In Canada, "Make everyone criminal" just makes people either a) ignore the laws until they get overturned, or b) kick the people out of office who are making/enforcing the laws and replace them with someone else.

      Canadians don't need guilt and fear to conform; they just need trendiness and friendliness. Canadians don't mind standing out; the entire culture is based on standing out from the US. Canadians are used to being harassed, and tend to ignore it, until it is time for turnabout.

    16. Re:This is a little ridiculous. by Anonymous Coward · · Score: 0
    17. Re:This is a little ridiculous. by Mongoose+Disciple · · Score: 1

      When will this ever end? The Canadian Government has apologized for Bryan Adams on several occasions.

      But clearly, Celine Dion is still an unrepented act of war, or possibly an atrocity.

    18. Re:This is a little ridiculous. by digitrev · · Score: 1

      Hey, we may be responsible, but just remember: you guys signed her on for damn near 5 years.

      --
      Cynical Idealist
    19. Re:This is a little ridiculous. by Anonymous Coward · · Score: 0

      Yeah, but what is? (No Answer Necessary)

  5. This may be a stupid question... by NoobixCube · · Score: 4, Insightful

    How would border guards be able to tell an illegal song on an iPod (i.e. downloaded without buying it in any form), from a song ripped from your private CD collection (which as the RIAA would have us believe, is illegal too), from a song bought from the iTunes store?

    --
    Admit it. You post strawman arguments as AC so you get modded Insightful for refuting them, rather than Troll
    1. Re:This may be a stupid question... by urcreepyneighbor · · Score: 1

      A hash would be my first thought.

      --
      "The fight for freedom has only just begun." - Geert Wilders
    2. Re:This may be a stupid question... by palegray.net · · Score: 1

      Digital watermarks are one possibility. Not that I support such systems, but they're probably on the way.

    3. Re:This may be a stupid question... by Anonymous Coward · · Score: 0

      I agree. I have bought a bunch of stuff from the itunes store, and switched from a powerbook to a Mac mini. All my purchases no longer are in the purchased music section. How are they going to discriminate what is purchased and what is illegal.

    4. Re:This may be a stupid question... by TubeSteak · · Score: 1

      How would border guards be able to tell an illegal song on an iPod (i.e. downloaded without buying it in any form), from a song ripped from your private CD collection (which as the RIAA would have us believe, is illegal too), from a song bought from the iTunes store? They wouldn't necessarily be able to, unless they're obviously labeled something like: Madonna-New_Album_ReleaseGroup

      This action brings two thoughts to mind.
      1. The war on Copyright Infringement has succedded where the War on Terror & War on Drugs have failed.
      2. They're essentially making a civil enforcement matter into a Federal enforcement
      --
      [Fuck Beta]
      o0t!
    5. Re:This may be a stupid question... by Anonymous Coward · · Score: 0

      It is clear that all media must be marked for removal because it all has the potential for being illegal, eventually itunes will become illegal too if the RIAA gets their ever starts getting their way.

    6. Re:This may be a stupid question... by neoform · · Score: 1

      Itunes has proprietary DRM..

      a better question is how they'd know if I had paid for the music I purchased from sites like beatport.com or djdownload.com, which are 320kbit MP3 files with no labeling that distinguishes them from any other MP3 I have..

      Sure, I can carry around my purchase receipts, but.. fuck that.

      --
      MABASPLOOM!
    7. Re:This may be a stupid question... by hacker · · Score: 3, Insightful

      A hash would be my first thought.

      They must be smoking hash was my first thought.

      Seriously, how are they going to take my ipod of 8,000+ songs, mp3s, ogg files, Linux .iso images, podcasts, etc., hash them all and compare those to the ones in their database?

      I change the ID3v2 tags, add missing ID3v1 tags, store lyrics and album art INTO the actual song file itself, and so on. All of these modifications change the hash. Now because my hash doesn't match theirs, I'm somehow guilty of copyright infringement? I don't think so.

      Time to replace the stock firmware on the ipod with one that embeds AES-256 onboard and has to be unlocked before you can play any music from it.

      Encryption is the only way to stop this madness.

      I have nothing to hide, and therefore they have no reason to look.

    8. Re:This may be a stupid question... by Anonymous Coward · · Score: 0


      The war on Copyright Infringement has succeeded? Based on what?



      If the passing of a stupid law was enough to merit success, then the wars on drugs and terror have also succeeded. Obviously, this is not the case.


    9. Re:This may be a stupid question... by wolf12886 · · Score: 1

      It appears you've answered your own question.

    10. Re:This may be a stupid question... by Simonetta · · Score: 2, Interesting

      Seriously, how are they going to take my ipod of 8,000+ songs, mp3s, ogg files, Linux .iso images, podcasts, etc.,

          They would just take the iPod. Their opinion would be "fuck you and your 8,000+ songs, mp3s, ogg files, Linux .iso images, podcasts, etc.,"...

          All your base belong to us.

          Sounds like (bad pun I know) that the Canadian customs and border patrol is going into the used iPod business. Just taking them away from people and then reselling them, maybe erased, maybe not (for a little extra charge). Or maybe if you slip them a hundred dollar bill, they will let you keep your iPod of 8,000+ songs, mp3s, ogg files, Linux .iso images, podcasts, etc...that would cost you much more than that to replace.

          Sounds rather profitable for the right border guards. Apple will love it too because people will have an incentive to be constantly buying smaller and smaller iPods that will be more difficult to detect.

          One good thing about the situation. The drug dogs can't sniff out a hidden iPod. But don't worry, Steve Jobs will come out with a way for the dogs to detect them through smell. After all, every time the Canadians steal someone's iPod, he makes another sale. And a resale of all of the songs on it too!!!

          Go Steve. He's probably behind the whole idea in the first place. After all, it's not like any corrupt Customs shithead is going to mess with his iPod!

    11. Re:This may be a stupid question... by davolfman · · Score: 1

      They wouldn't. I'd guess they'd have to assume anything not AAC or other DRM is pirated. That's of course if they chose to enforce the law. In practice I see it more being used like adding on seat belts to a ticket.

    12. Re:This may be a stupid question... by mrbluze · · Score: 1

      How would border guards be able to tell an illegal song on an iPod It's probably something simple like, if you have dark skin or a beard or don't have any spare cash to lose or something, then you are probably a pirate (shiver me timbers) and deserve to walk the plank.
      --
      Do it yourself, because no one else will do it yourself. [beta blockade 10-17 Feb]
    13. Re:This may be a stupid question... by urcreepyneighbor · · Score: 1

      Time to replace the stock firmware on the ipod with one that embeds AES-256 onboard and has to be unlocked before you can play any music from it. Have fun explaining why your iPod doesn't behave normally - you do realize "abnormal behavior" is a sign they teach the guards to watch for, don't you? - to a minimum wage agent.

      "Sir, we would like to have a word with you. Step this way...."
      --
      "The fight for freedom has only just begun." - Geert Wilders
    14. Re:This may be a stupid question... by YeeHaW_Jelte · · Score: 1

      "Time to replace the stock firmware on the ipod with one that embeds AES-256 onboard and has to be unlocked before you can play any music from it."

      You can't. Starting with the 6th gen iPods, apple's already encrypted the firmware for you, so you can't update it anymore with your own.

      I downgraded to a 5,5th generation iPod just to be able to run rockbox.

      This is the first and the last product I've ever purchased from Apple, thank you.

      --

      ---
      "The chances of a demonic possession spreading are remote -- relax."
    15. Re:This may be a stupid question... by Fri13 · · Score: 1

      They ask where you have got those songs. Bretty easily many tells under fear (U.S is most frighten country in world!) where they got those songs.

    16. Re:This may be a stupid question... by hacker · · Score: 1

      They would just take the iPod. Their opinion would be "fuck you and your 8,000+ songs, mp3s, ogg files, Linux .iso images, podcasts, etc.,"

      And my response would be "Fine, I'll just copy all of the data back to a new device from my encrypted laptop on the other end. If you take that, I'll grab it from my secure remote copy across the Internet. You will not stop me. The data belongs to me, and it will always be in my possession, regardless if you take my silly little music player."

    17. Re:This may be a stupid question... by Jason+Levine · · Score: 1

      Or, better yet, how would a border guard be able to tell that the MP3 file on my MP3 player is illegal versus legally purchased from a shop that sells non-DRM-ed MP3s (Amie Street or eMusic for example)? Both MP3s could look exactly alike and it's not like I can whip out the source CD to prove that I bought it legally. Sure, I could check the website, print out a list of my purchases, and prove it that way, but what if the website goes out of business? If I buy a song from eMusic and then eMusic folds, can I be heavily fined and have my player taken away since now I can't prove that my non-DRM-ed MP3 is legit? Is the legitimacy of my music now going to be tied to whether or not the site I bought it from is still operating?

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    18. Re:This may be a stupid question... by mcvos · · Score: 1

      How would border guards be able to tell an illegal song on an iPod (i.e. downloaded without buying it in any form) What's more, how can they tell in which country it was downloaded? There are lots of countries where downloading copyrighted content is legal. It's just the distribution without permission that's illegal.

  6. Economic Big Stick. by Odder · · Score: 5, Informative

    The third page of the article explains how the US is able to get away with such outrageous requests:

    In a situation similar to what happened in the Softwood Lumber trade dispute, Canadians could face hefty penalties if it does not comply with ACTA after the agreement has been completed.In a situation similar to what happened in the Softwood Lumber trade dispute, Canadians could face hefty penalties if it does not comply with ACTA after the agreement has been completed.

    So the proposal is, "surrender your citizens rights or we will make it cost you." The answer should be, "without rights, you will just take our money anyway, no thanks."

    1. Re:Economic Big Stick. by willyhill · · Score: 1, Informative

      Why didn't you post this in your original comment as twitter, or post another comment with the same account? Why reply to yourself like this?

      --
      The twitter monologues. Click on my homepage and be amazed.
    2. Re:Economic Big Stick. by slazzy · · Score: 1

      So what do the consumers get out of this deal?

      --
      Website Just Down For Me? Find out
    3. Re:Economic Big Stick. by Z34107 · · Score: 1

      Thing is, treaties in and of themselves mean nothing. Congress has to ratify them.

      Sadly, we must all place our faith in the bribed, crack-addicted branch of our government to have some common sense. Or failing that, the judicial branch to nullify something so insane.

      --
      DATABASE WOW WOW
    4. Re:Economic Big Stick. by Goldberg's+Pants · · Score: 4, Informative

      A big fat shaft.

      What amazes me is it says about searching iPod's for illegal content... And in Canada currently it's LEGAL to download music. (Despite the CRIA's objections.)

      For so long I've been proud to live in Canada, but with that fucktard Harper at the helm they're trying more and more to make it America 2.

    5. Re:Economic Big Stick. by gstoddart · · Score: 4, Insightful

      What amazes me is it says about searching iPod's for illegal content... And in Canada currently it's LEGAL to download music. (Despite the CRIA's objections.)

      What amazes me is how they figure they can identify illegal content.

      Seriously, how the hell can a border services agent tell that the MP3s on my iPod have all been legally ripped from CDs I have purchased? They can't. I buy probably close to about $1000 CDN in CDs each year, all of which end up ripped and played on my iPods or in mixes.

      If they simply look and say anything which isn't an AAC bought from the iTunes store then they'll be flagging a tremendous amount of people for no good reason.

      There is simply no way that from an iPod you can verify the pedigree of the songs on it.

      For so long I've been proud to live in Canada, but with that fucktard Harper at the helm they're trying more and more to make it America 2.

      Amen to that. Harper et al are really sucking up to Bush just far too much. Though, I must say I reserve some bile for the asshat American government (NOT everyday Americans, for you knee jerk mods) for shoving these &*^%&*(^ laws down everyone's throats. America's chief export nowadays seems to be laws to protect the *AA's and screw the rest of us.

      This really is appalling.

      Cheers
      --
      Lost at C:>. Found at C.
    6. Re:Economic Big Stick. by cheekyboy · · Score: 1

      Canada aint perfect, with their evil, criminal financial bankers, doing short sells on stocks.

      Doing things that are 100% illegal in the usa, as told by FSN on financialsense.com

      Canadian Bankers are CRIMINALS. Shorting stocks, then making money for no effort.

      I just dont see how someone who shuffles a few numbers in a spread sheet deserves millions
      in profits, yet farmers who really do support people with food that keep them alive, get small
      tiny profits.

      --
      Liberty freedom are no1, not dicks in suits.
    7. Re:Economic Big Stick. by Anonymous Coward · · Score: 1, Insightful

      I suggest you take another look at the Ontario Court of Appeal decision in the file sharing case. While at trial there were favourable obiter comments regarding the legality of downloading in Canada, the Court of Appeal said no such thing. It is a very dangerous to believe that downloading is legal in Canada or to confuse downloading with the rights given under the private copying levy.

    8. Re:Economic Big Stick. by MyDixieWrecked · · Score: 1

      And how exactly are they going to determine that this mp3 is illegal and this other mp3 is not?

      I've got a ton of music that I've ripped over the last 10 years using iTunes and nearly every other encoder as they became available over that time period (yes, I have to re-rip a lot because mpecker and other early encoders didn't do the hottest job). I've got a ton of music that I downloaded from the early days of eMusic when they had an all-you-can-eat service.

      I've also got a ton of music that I downloaded because I lost the CDs or the CDs were too badly damaged to mp3 properly.

      So, I'm curious what metric they are planning to use, exactly, to determine what content is "illegal." They better not deem that all non-iTunes purchased content is "illegal," just because it can be freely copied.

      --



      ...spike
      Ewwwwww, coconut...
    9. Re:Economic Big Stick. by hackstraw · · Score: 1

      The laws regarding marijuana are much more lax in Canada as well, but they have been convinced by their southern neighbor that they should tightnen things up a bit, and voila, seedbanks and other previously legal things just dissapear.

      At least, thats what a friend of a friend told me.

    10. Re:Economic Big Stick. by Anonymous Coward · · Score: 0

      ~In Malta we can't buy from itunes. So all the mp3's and aac's we put on our ipods are illegal even though we rip them from the original cd's ???

      this is crazy news

    11. Re:Economic Big Stick. by ne0n · · Score: 2, Interesting

      the ipod search is obviously a red herring. The real reason for this agreement is far more sinister.

      --
      $ :(){ :|:& };:
    12. Re:Economic Big Stick. by home-electro.com · · Score: 1

      Illegal content here is child porn, I guess.

    13. Re:Economic Big Stick. by digitrev · · Score: 2, Informative

      Ah yes, how dare we obey our own laws. You ignorant fool, it doesn't matter if what we do in Canada is illegal in the USA, it matters if it's illegal in Canada. Want to change it? Too fucking bad. It's our country, you have your own.

      --
      Cynical Idealist
    14. Re:Economic Big Stick. by Anonymous Coward · · Score: 0

      If Canada didn't have Shrub (little Bush) as Prime Minister, the government would place a let say 50% export duty on OIL and NATURAL GAS.
      I wonder how that would play out....

    15. Re:Economic Big Stick. by Prune · · Score: 1

      that fucktard Harper

      Good argument, there *rollseyes*

      --
      "Politicians and diapers must be changed often, and for the same reason."
    16. Re:Economic Big Stick. by Thought1 · · Score: 1

      ...For so long I've been proud to live in Canada, but with that fucktard Harper at the helm they're trying more and more to make it America 2. Didn't you watch "Meet the Robinsons"? Canada becomes a state called "North Montana". (:
  7. Um, okay... by Anonymous Coward · · Score: 3, Funny

    So when I travel, do I have to carry proof of purchase for all the stuff on my iPod? How exactly do they plan to enforce this?

    1. Re:Um, okay... by Pig+Hogger · · Score: 1

      So when I travel, do I have to carry proof of purchase for all the stuff on my iPod? How exactly do they plan to enforce this?
      Exactly like they currently enforce the present requirement to be able to prove that you first left the country in possession of $WHATEVER_THEY_THINK_YOU_BOUGHT_ABROAD.
    2. Re:Um, okay... by SeaFox · · Score: 1

      So when I travel, do I have to carry proof of purchase for all the stuff on my iPod? How exactly do they plan to enforce this?

      I would normally say that they'll just assume anything that isn't in a DRM wrapper is stolen, but then with the blaring existance of Amazon and eMusic's MP3 stores I don't know what they'll do now.
    3. Re:Um, okay... by Anonymous Coward · · Score: 0

      Simple. Their bastard kids get a new toy for their birthday or christmas and you lose your ipod and get a full cavity search and more should you show tiniest bit of challenging their decision.

      Isn't government grand?

    4. Re:Um, okay... by SoulRider · · Score: 1

      Like everything else that this administration has done in the last 8 years. It just doesnt seem very well though out.

  8. I wonder... by crazybit · · Score: 4, Interesting

    how will they manage file encryption.

    Just one more excuse to induce more fear in the normal population.

    --
    - Human knowledge belongs to the world
    1. Re:I wonder... by urcreepyneighbor · · Score: 5, Funny

      You: Haha! I've got it encrypted! wooo! You're SOL, ain't cha?! Fascist!

      Them: Give us your passwords or we'll confiscate your device.

      You: But.. I... I've got to make a flight! I have riii--

      Them: That's it, Bob! Tase that fucker and keep his iPod! We'll show this twat what we Canadians are all a-boot!

      --
      "The fight for freedom has only just begun." - Geert Wilders
    2. Re:I wonder... by frank_adrian314159 · · Score: 3
      how will they manage file encryption?

      Good morning, Guantanamo!

      --
      That is all.
    3. Re:I wonder... by B3ryllium · · Score: 1

      yeah, uh, I dunno about you, but I haven't dared bring an important electronic device (aside from my camera and my cellphone) across the border - and I don't plan to start now. Encryption would likely equate to near-instant confiscation and detainment, if I refused to cooperate.

      If I urgently need a laptop while I'm on a trip, I'll bloody well buy one :)

    4. Re:I wonder... by TheQuantumShift · · Score: 1
      They'll still reserve the right to search it, and since it can't be easily run through the Pirate-o-Matic on loan from the mpaa, it'll be seized and sent to a processing center (Gitmo jr.) and you'll never see it again.

      That's best case scenario...

      --

      Shift happens. Fire it up.
    5. Re:I wonder... by hacker · · Score: 1

      Speaking of cameras, I tend to fly with one all the time, to take photos of interesting things, people, sights and anything else that enters my artistic eye...

      How far of a leap is it from confiscating iPods with content on it potentially in violation of copyright, to asking you to delete photos from your camera or digital media of things that they don't want you to have pictures of? Government buildings, police beatings, car accidents, etc.

    6. Re:I wonder... by SoulRider · · Score: 2, Insightful

      how will they manage file encryption.

      umm, assume you are a terrorist and throw you in jail?

    7. Re:I wonder... by Abcd1234 · · Score: 1

      That's why you use TrueCrypt hidden volumes. Even if they ask the key for the public volume, they'd never know the hidden volume was even there.

    8. Re:I wonder... by Anonymous Coward · · Score: 0

      Them: Give us your passwords and we'll confiscate your device. Fixed it for ya.
    9. Re:I wonder... by rootooftheworld · · Score: 1

      steganographic file system, a bit of tweaking and it will take the fbi/cia/nsa computers for email decrypting a couple of weeks to see if there is anything AT ALL on your laptop/mp3player/other storage device, btw, PERFORMANCE_HIT=FALSE

      --
      I know full well that tobacco is bad for you, so I smoke weed with crack
  9. Easy by EmbeddedJanitor · · Score: 2, Interesting

    Copied disks sold as retail are counterfeit. Copying disks breaks copyright. But it is a stretch to see how you could tell if the stuff on an MP3 player came from counterfeited or original sources.

    --
    Engineering is the art of compromise.
    1. Re:Easy by palegray.net · · Score: 2, Interesting

      Digital watermarking. Not that I support such systems, but there's a potential answer to your question.

    2. Re:Easy by Xzzy · · Score: 1

      At the simplest level, they could just plug it into a PC under their control and try to play a video. The way iTunes works, a DRM locked file won't play on an "unauthorized" PC. If the file does play, they could assume it's an illegal copy.

      Obviously there's a good chance this won't be the case and such detection methods would be easy to defeat but this is what I imagine their thought process would be.

      "If we can't prove they bought it, clearly they're guilty!"

    3. Re:Easy by ghstomahawks · · Score: 1

      Buy a CD, rip it to iTunes ... and have the border patrol arrest you because it wasn't purchased through the iTunes store. Greeaaaaat, just what we need. (Don't the big record companies want to weaken iTune's grip on the digital music download market anyway? Wouldn't making iTunes DRM the standard for legality be a bit counterproductive?) On the other hand, this could be a good thing (as if). It might finally create enough of a backlash that the "your rights online" section here on slashdot could start posting articles saying that we have any rights online.

    4. Re:Easy by mikesd81 · · Score: 1

      Do you really think Itunes would sell the music if the Big 4 didn't okay it?

      --
      That which does not kill me only postpones the inevitable.
    5. Re:Easy by ghstomahawks · · Score: 1

      They've clearly gotten all their agreements down to sell it legally, nobody is debating that. It's the fact that the iTunes store has such a ridiculous hold on the digital downloads market that the big 4 would like to change. They basically want to be in a better bargaining position when negotiating their arrangements, so as to be able to dictate terms a lot more than be pushed around quite so much by apple.

  10. Illegal Search and Seizure by Doc+Ruby · · Score: 2, Informative

    Amendment IV

    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.
    --

    --
    make install -not war

    1. Re:Illegal Search and Seizure by quarrel · · Score: 1

      IANAL but I believe its been covered else where - the bill of rights gives rights to US citizens. This won't help a Canadian popping over to see the bad side of Niagara falls with their ipod.

      --Q

    2. Re:Illegal Search and Seizure by mikesd81 · · Score: 4, Insightful

      Didn't you hear? The Constitution doesn't mean anything any more. From free speech, to firearm rights, to search and seizure. But it was nice while it lasted.

      --
      That which does not kill me only postpones the inevitable.
    3. Re:Illegal Search and Seizure by iminplaya · · Score: 1

      Doesn't apply at border crossings. In fact pretty much all your rights go out the window there.

      --
      What?
    4. Re:Illegal Search and Seizure by TubeSteak · · Score: 1

      Amendment IV There are a handful of exceptions to the 4th Amendment.
      exigent circumstances
      search incident to a lawful arrest
      the automobile exception
      -the container exception (containers in an automobile)
      plain view/feel

      And the one that matters in this case:
      http://en.wikipedia.org/wiki/Border_search_exception

      At the border, the only search that requires probably cause is a "non-routine" physical search. Which basically boils down to anything more invasive than a pat-down of your body.
      --
      [Fuck Beta]
      o0t!
    5. Re:Illegal Search and Seizure by servognome · · Score: 1

      It all comes down to the definition of unreasonable.

      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    6. Re:Illegal Search and Seizure by Anonymous Coward · · Score: 1, Interesting

      Well, I think they use our Bill of Rights as toilet paper over there in Gitmo... So, we, as US Citizens, have the right to remain silent. Anything we say can and will be used against us on a tribunal. And whatever we don't say, they will take out from us through Waterboarding...
      Anyways, this law will just give one more reason for the TSA a**holes to seize more property from us before we board planes.
      Is there a free country somewhere? I think I am moving to Brazil... They have no RIAA, and they pretty much download everything illegally over the Internet.

    7. Re:Illegal Search and Seizure by Concerned+Onlooker · · Score: 1

      Um, Bush has effectively nullified the Fourth Amendment.

      Administration Asserts No Fourth Amendment for Domestic Military Operations

      --
      http://www.rootstrikers.org/
    8. Re:Illegal Search and Seizure by Doc+Ruby · · Score: 2, Insightful

      Rights are universal. Whether the US government is obligated to protect the rights of anyone other than a US citizen is a matter of much debate, all inconclusive. But abusing those rights of any citizen makes a mockery of liberty. At the hands of a US government employee under official orders, such a mockery makes a travesty of the basis of the US government as a government created by American people to protect those rights.

      --

      --
      make install -not war

    9. Re:Illegal Search and Seizure by Doc+Ruby · · Score: 1

      That doesn't mean the abuse of your rights at the border is right or just. Just that it's a more likely place for abuse.

      --

      --
      make install -not war

    10. Re:Illegal Search and Seizure by iminplaya · · Score: 2, Insightful

      Never said it was. In fact, I consider the mere existence of the border to be a grave injustice to all. Freedom of movement is as paramount as all others.

      --
      What?
    11. Re:Illegal Search and Seizure by Pig+Hogger · · Score: 1

      Amendment IV

      The right of the people to be secure in their persons, ...

      ... does not applies in Canada.
    12. Re:Illegal Search and Seizure by Doc+Ruby · · Score: 1

      It still means everything to me. I'm not conceding our homegrown tyrants their ultimate victory by conceding them the Constitution, even if they have the upper hand for now.

      --

      --
      make install -not war

    13. Re:Illegal Search and Seizure by JohnVanVliet · · Score: 0, Flamebait

      firearm rights that has always been a gray area

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      "I don't pitch OpenSUSE Linux to my friends, i let Microsoft do it for me
    14. Re:Illegal Search and Seizure by dosius · · Score: 1

      Why would they bother? It's just a big ghetto, there's nothing to see here in Niagara Falls, NY.

      -uso.

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      What you hear in the ear, preach from the rooftop Matthew 10.27b
    15. Re:Illegal Search and Seizure by zippthorne · · Score: 1

      If you accept the premise that the rights are granted by the bill of rights, you've already given away the farm.

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      Can you be Even More Awesome?!
    16. Re:Illegal Search and Seizure by hughk · · Score: 1

      It has already been shown that crossing a border is not protected by the constitution and anyone (not just non-citizens) may be subjected to all manner of indignities, and there is absolutely nothing you can do about it.

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      See my journal, I write things there
    17. Re:Illegal Search and Seizure by init100 · · Score: 1

      Whether the US government is obligated to protect the rights of anyone other than a US citizen is a matter of much debate

      They are, or US citizens around the world will quickly be declared fair game. If the US won't protect our citizens while they are visiting the US, why should we protect US citizens while they visit us?

    18. Re:Illegal Search and Seizure by Kjella · · Score: 1

      Rights are universal. Whether the US government is obligated to protect the rights of anyone other than a US citizen is a matter of much debate, all inconclusive. And all equally bullshit, if they're not obliged to actively protect the rights of non-citizens (positive rights) why should they abide the restrictions on the government (negative rights) towards non-citizens? Without the first, fourth, fifth and sixth amendment the government could arrest non-citizens for anything they didn't like, put them in a cell and throw away the key without trial. Anyone who thinks that's what the founding fathers meant is a complete idiot. Anyone that tries to introduce the distinction between positive and negative rights which isn't found anywhere in the constitution is a sock puppet. In fact, they're very explicit with the choice of words like this and use citizen when they mean citizens and any person when they don't (Amendment XIV):

      "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."

      And yet someone manages to construe that the federal government, unlike the states, can deny any person equal protection of the laws? It's the kind of word twisting I'd expect to see from a few neo-fascists and historical revisionists, but that they even consider it in serious political or legal circles is very disturbing. Then again, the US beacon of freedom and democracy has been rather flickery as of late...
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      Live today, because you never know what tomorrow brings
    19. Re:Illegal Search and Seizure by Doc+Ruby · · Score: 1

      Er, he's an impeachable tyrant.

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    20. Re:Illegal Search and Seizure by Doc+Ruby · · Score: 1

      Exigent circumstances and incidence to lawful arrest (though the latter is not 100%) are reasonable, with implicit probable cause.

      The automobile exception is unjust, though there is a strong argument that natural rights are unbalanced by human augmentation by machines. This philosophy also finds the reason why the right to bear arms described in the 2nd Amendment goes too far, required justification in its statement in the Constitution (unique among any defined rights except copyright, itself not nearly as stable a right as any others), and leaves so many Americans unconvinced of its status as an actual "right", rather than a privilege. In fact, practically everyone accepts that driving a car is a privilege, even though our traveling freely is a right, and that car registration and driver licensing (if perhaps not driver/car insurance) is a completely just infringement on the "freedom to drive". The container exception you mention is just an extension of that dubious exception to a very clear right.

      The border exception is another exception that is really just abuse that we accept because we've been intimidated into accepting the authorities infringing our freedom.

      There really aren't any exceptions to the appropriate protection of our rights. When there is no conflict with someone else's rights, there is no exception. Like at the border.

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    21. Re:Illegal Search and Seizure by Doc+Ruby · · Score: 1

      The Supreme Court has ruled for centuries that no search or seizure is reasonable without probable cause, and due process that usually requires a court-ordered warrant (as the 4th Amendment clearly states), except in extreme cases like dire emergencies that put the searcher/seizer under a lot of pressure to have justification of both their reasonable basis, and the impossibility of obtaining a warrant.

      This country wasn't born yesterday, you know.

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    22. Re:Illegal Search and Seizure by Doc+Ruby · · Score: 1

      The Canadian government is secretly negotiating to join the US and the EU


      I'm talking about the US part. Canadians will have to find their own grounds on which to resist.
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    23. Re:Illegal Search and Seizure by Doc+Ruby · · Score: 1

      Because we have treaties to that effect, and because the US government will intercede to protect its citizens' rights wherever those citizens go, just as foreign governments would.

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    24. Re:Illegal Search and Seizure by Doc+Ruby · · Score: 1

      Spoken like a true slave to the authoritarians.

      Yeah, rights violations are shown all the time. And those people with the self respect to insist our government protect, not abuse our rights are the only reason that you have any protected rights at all. Every day the courts have people forcing the government to protect our rights, though the government often violates them. If you're going to just give up, at least get out of the way of the rest of us who do the work to protect you, despite yourself.

      Rights don't protect themselves. Lift a finger sometime to do your part.

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    25. Re:Illegal Search and Seizure by Doc+Ruby · · Score: 1

      No, the Constitution explains that people create governments (as with a Constitution) to protect our rights. Americans create an American government to protect the American people's rights. Other people create their governments to protect their rights. The rights are universal, but the protection is not automatic. People have to create their governments.

      The US government is not obligated, for example, to protect the rights of English people from a tyrannical king if the English haven't created their government to protect their rights from him.

        The US government has an interest in helping those people create such a government, both because it would agree that their rights deserve protection and because their protected rights help protect Americans' rights by generally eliminating tyranny that could threaten Americans. But people must create their own governments, just like the Constitution itself says, and just like Americans did (and do today by using the Constitution).

      Like you yourself just quoted: the Constitution says the US government cannot violate people's rights. The "citizen" vs "any person" distinction is yet another taint of the original Constitution's acceptance of some Americans as slaves but not citizens, which a few revisional amendments didn't completely expunge. But even slaves were Americans, people, not foreigners.

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    26. Re:Illegal Search and Seizure by Anonymous Coward · · Score: 0

      >Didn't you hear? The Constitution doesn't mean anything any more.

      Didn't you hear? Whining about it on Slashdot doesn't do anything.

    27. Re:Illegal Search and Seizure by Kjella · · Score: 1

      The US government is not obligated, for example, to protect the rights of English people from a tyrannical king if the English haven't created their government to protect their rights from him. Not what I was talking about... you want the English government to protect English citizens' rights while on US soil then, since the US won't do it? Yeah, I think the US might be a little pissed with little things like soverignity if Scotland Yard started making arrests in the US. Likewise, what will the US do if an American is arrested for something illegal under England law in England? Nothing. I was talking specificly about the obligation of the US government to protect non-US citizens while in the US or brought to US territory against their will (say a foreigner made to stand trial in the US). No, I don't want the US to be world police but it would be nice if they protected my human rights while I'm on territory the US has claimed sovereign control over.
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    28. Re:Illegal Search and Seizure by servognome · · Score: 1

      The Supreme Court has ruled for centuries that no search or seizure is reasonable without probable cause
      "This longstanding recognition that searches at our borders without probable cause and without a warrant are nonetheless "reasonable" has a history as old as the Fourth Amendment itself." - US v Ramsey (1977)
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    29. Re:Illegal Search and Seizure by Doc+Ruby · · Score: 1

      Just another example of a fringe case that the Court has left standing while Congress hasn't acted to clarify and fix the laws the Court uses to support its interpretations. Those searches aren't "reasonable", they're just allowed as exceptions, even though the court calls them "reasonable" as a judicial construct. The logic is circular. There's been a lot of that kind of inconsistency that's as old as the Constitution, much of it fixed in amendments.

      It's clear, especially in an age where "FISA isn't enough", that Americans need a new Privacy Amendment to the Constitution, because the 4th Amendment wasn't enough to make explicit the implicit security of personal privacy that the Constitution does not empower the government to violate. The borders are just another example of this growing blind spot.

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    30. Re:Illegal Search and Seizure by Doc+Ruby · · Score: 1

      The English government would indeed intervene to protect an English citizen officially in the US, as it indeed did in Guantanamo. And the US likewise, as it routinely does in foreign countries that don't have nearly the strength in protecting anyone's rights as the US does Americans'. Those operations are in fact one of the primary functions of America's substantial investment in our foreign embassies and the State Department. If an American is arrested for something illegal in England that does indeed violate the rights the US government is instructed to protect, then the US government is instructed to protect that American even in the foreign country, if the foreign country will not.

      There are of course counterweights to that policy. Like the consequences of that intervention, like the threat of war (and thereby the damage to so many more citizens) as reprisal for that intervention, or lesser degrees of that kind of cost. And also weighing against intervention is the complicity of the two governments in the violation of those rights. When those are factored in, there's a lot of dereliction of the government's duty.

      But those are the real world exceptions. The basic order of government is exactly as I described, even when honored more in the breach.

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    31. Re:Illegal Search and Seizure by Anonymous Coward · · Score: 0

      No it hasn't. People just act like it is.

    32. Re:Illegal Search and Seizure by ChromeAeonium · · Score: 1
      No it hasn't.

      A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Looks pretty clear to me.
    33. Re:Illegal Search and Seizure by JohnVanVliet · · Score: 0

      "A well regulated Militia" to be able to over through the govt. if need be ."A well regulated Militia" is now "The National Guard" .it was not to allow EVERY tom,dick and harry to have a automatic rifle .

      --
      "I don't pitch OpenSUSE Linux to my friends, i let Microsoft do it for me
    34. Re:Illegal Search and Seizure by servognome · · Score: 1

      Just another example of a fringe case that the Court has left standing while Congress hasn't acted to clarify and fix the laws the Court uses to support its interpretations.
      It's not really a fringe case given all the precedents cited. Without such an exception International border controls would essentially be useless, it would be like travel between states. People would not be required to produce papers, nor would they have to declare cargo for the purpose of taxation.
      The Court's ruling is based on the longstanding traditions of nations securing their borders that go beyond the existence of the US.
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    35. Re:Illegal Search and Seizure by Doc+Ruby · · Score: 0

      I don't mean "fringe case" as in a rare legal case, but rather an example of a legal question that's not firmly within the mainstream of consistent justice.

      Longstanding traditions of foreign countries are not the basis for US law. The Constitution, which explicitly broke with foreign traditions, is the only basis. And I don't see where the Constitution says the government has the power to search people without a warrant or due process, at the border or anywhere else. Therefore it does not actually have that power. Exercising that power without actually having it is abuse. And since that nonexistent power conflicts with our rights, it abuses our rights. Rights which don't change at the border, since they're inalienable.

      There is, however, a reasonable basis for searching everyone (or rather, anyone, especially those "standing out" with a little extra evidence at the border) as they enter the country. Which is that so many people have brought illegal material into the country that applying the search is reasonable - because never applying it is unreasonable in the face of evidence that plenty of people do smuggle contraband when there's no searching.

      But we shouldn't believe that such searches are an exception to the requirement that any search be "reasonable". Rather we should understand that the exception is to the Supreme Court's rulings that any search/seizure without a warrant is by definition unreasonable. The abuse of a constructed exception to the fundamental requirement of reasonableness is a much more serious threat than is the exception to the requirement for the warrant, when another actually reasonable basis is indeed at work.

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    36. Re:Illegal Search and Seizure by servognome · · Score: 1

      Longstanding traditions of foreign countries are not the basis for US law.
      US law has its roots in Common Law, longstanding traditions and English court rulings that predated the establishment of the United States.

      What other reason would the word "reasonable" be included in the 4th Amendment unless the writers belived that there would be instances where a search is expected so there is no need to have a warrant. "Reasonable" refers to the type of search in relation to the circumstances - like the 8th amendment "cruel & unusual" does not necessesarily address the punishment but how the punishment fits the circumstances. Given the "longstanding traditions" the types of searches done at the border are reasonable, while elsewhere they would be considered unreasonable.
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    37. Re:Illegal Search and Seizure by Doc+Ruby · · Score: 1

      Of course longstanding traditions where they are consistent with liberty and a government created to protect it are roots of the US legal system and the Constitution that is its basis. But their status as traditions is not the basis.

      The word "reasonable" is the stated criterion because that is indeed the actual criterion. The stated rule explicitly states that a warrant is the means by which a reasonable search/seizure is executed. The warrant's origin in a separate, independent (and competing for power) government branch is part of how to ensure that it's reasonable.

      But "reasonable" is the standard, which has been nailed down fairly well. However, reasonable people know what "reasonable" means, and can back it up, as I just did in my last posted comment in this subthread.

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    38. Re:Illegal Search and Seizure by servognome · · Score: 1

      Of course longstanding traditions where they are consistent with liberty and a government created to protect it are roots of the US legal system and the Constitution that is its basis. But their status as traditions is not the basis.
      Border crossing exception is consistent with the government conceived by the founders.

      The word "reasonable" is the stated criterion because that is indeed the actual criterion. The stated rule explicitly states that a warrant is the means by which a reasonable search/seizure is executed.
      I guess this is where we disagree. You state there is a single criteria - a reasonable search is one for which a warrant is issued; but the longstanding interpretation is that there are two criteria - 1) a reasonable search and 2) any search which is unreasonable requires a warrant to make it valid.
      By your interpretation there would be no possibility to have reasonable searches based on "reasonable suspicion" or "no reasonable expecation of privacy." While the second interpretation allows the search of bags and personal effects, while keeping intact protections against unreasonable searches like x-rays, or strip searches.
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    39. Re:Illegal Search and Seizure by Concerned+Onlooker · · Score: 1

      See? We can both be right. :-)

      --
      http://www.rootstrikers.org/
    40. Re:Illegal Search and Seizure by Doc+Ruby · · Score: 0

      Border crossing exception is consistent with the government conceived by the founders.


      Well, that statement merely begs the question.

      By your interpretation there would be no possibility to have reasonable searches based on "reasonable suspicion" or "no reasonable expecation of privacy."


      No, of course "reasonable suspicion" and "no reasonable expectation of privacy" are possible bases of reasonable searches, just as they are reasonable. But the question is of course whether the suspicion offers sufficient reason, rising to a standard of a due process warrant even if there are circumstances that prevent that due process. Or whether there is a government power created that can act even when there's no reasonable expectation of privacy, because the Constitution expressly says that the benefit of the doubt on to whom rights are reserved is always to be decided in favor of the people (or the states) when they're not expressly assigned to the Federal government. Which reasonable searches/seizures without due process should be rare, as due process is clearly (and expressly) the nearly exclusive means by which to initiate a search/seizure. And which must remain reasonable, as reasonable people can agree because "reasonable" is a standard based on objective measures of facts and logic, which all underwrite all the rest of our legal standards, all of which are bound by the rules of reason.

      So like I keep saying, if there's a reason to search someone, and the method of searching them is itself reasonable (ie. minimizes the violation of the rightful privacy, searches for only that which the justifying reason suggests, etc - the narrowest possible exercise of the search/seizure) then there is the possibility of search/seizure if there's also reason to expect that due process will eliminate the possibility of the search/seizure. Which therefore would give a real reason why not to pursue the due process, but not to forgo the search/seizure.

      "Reason" isn't an arbitrary standard. And the requirement for warrants stipulates a process for a reasonable search/seizure. But while it's a standard that is not explicitly exclusive, substitutes for that due process must be rare and just as reasonable - which is also rare. Much rarer than the current "exceptions" that are practiced without protecting our rights, but rather expand the privileged power of some people working for the government.
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    41. Re:Illegal Search and Seizure by servognome · · Score: 1

      Which reasonable searches/seizures without due process should be rare, as due process is clearly (and expressly) the nearly exclusive means by which to initiate a search/seizure.
      The protection is against "unreasonable search & seizure." Therefore reasonable searches without due process do not need to be rare, only unreasonable searches should be rare thereby requiring a warrant

      "Reason" isn't an arbitrary standard.
      Yes it is, the fact that two intelligent people can have a disagreement over what constitutes "reasonable" demonstrates that it is a vague standard to which arbitrary limits can be assigned. The three branches of government have consistently upheld international border searches are reasonable.
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    42. Re:Illegal Search and Seizure by Doc+Ruby · · Score: 0

      "Reasonable" means you have a reason (as opposed to arbitrary), not some vague standard like "the Age of Reason". The due process specified in the Constitution and laws empowered under it ensure that the reason exists and is tested by experts, known as judges.

      But now I think we're going in circles for at least the third time. Which is reason to quit.

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    43. Re:Illegal Search and Seizure by hughk · · Score: 1

      Unfortunately, it is extremely difficult to challenge these people. They have been given so many powers from the 'War on drugs', the 'War on terror' and now the 'War on piracy' which seems to have been linked by the **AA with drugs and terrorism. Can you suggest anyway around this?

      It is a real problem and is costing the US real money. Put it this way, the Visa system to enter the US is now positively visitor hostile compared with most other countries. You now face unreasonable search by customs so needing to clean a laptop before entering. Even then you face extra time while your HD is scanned. Let alone, your MP3 player or whatever.

      So, if you are, say a Malaysian businessman wanting to find a new business partner, due you choose the US or do you go somewhere else?

      --
      See my journal, I write things there
  11. they don't by Odder · · Score: 4, Interesting

    ISP records don't have anything to do with it either. This is naked imperialism - a power grab without disguise. It's not about "protecting" brand names, it's about silencing political dissent.

    1. Re:they don't by Red+Flayer · · Score: 1

      This is naked imperialism
      This is not imperialism. This is unbridled capitalism.

      Reminds me of a quote (sorry, don't recall the author, or the exact wording, so here's a paraphrase):

      In the 1980s, Capitalism triumphed over Communism.
      In the '90s, Capitalism triumphed over Democracy.
      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  12. Selling Tickets by Anonymous Coward · · Score: 0

    Selling tickets on the "Get Me Off This Rock" shuttle, leaving as soon as possible!

    Knee jerk reactions from a moribund industry that couldn't find innovation if it was hanging off the Sears tower with a 500 foot long neon arrow!

  13. I am no political scientist by pembo13 · · Score: 1

    But these things seems to be somewhat against the idea of a democracy at this point.

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    "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    1. Re:I am no political scientist by Freaky+Spook · · Score: 4, Insightful


      It is just more stupid American foreign policy.

      Just today I read that the the drug war fuelled by America's love of cocaine and marijuana is resulting in thousands of people getting killed in Mexican gang wars over smuggling routes, yet the US War on drugs policy persists, keeping the black market trade the biggest and bloodiest industry in the world.

      On the north border they want to remove the rights of people just to make a few cocaine snorting media exec's happy.

      And we have seen what US foreign policy has done to the middle east.

      Its no wonder so many people hate the US, their politicians have systematically contributed to most of the crap that is currently going on in the world all in the name of consumerism and captialism. Its not about democracy at all, its all about how cheap their gas is and what boat they can buy with their annual bonus.

    2. Re:I am no political scientist by Anonymous Coward · · Score: 0

      So was the result of the 2000 election.

    3. Re:I am no political scientist by tsm_sf · · Score: 4, Funny

      Oh come on. Just because something doesn't work the last twenty times you've tried it doesn't mean it damn well shouldn't.

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      Literalism isn't a form of humor, it's you being irritating.
    4. Re:I am no political scientist by Anonymous Coward · · Score: 0

      I'm an american and I'm just as pissed at the U.S. as anyone else and powerless to stop it. I vote but in the end I have a choice of evil dictator #1 or evil draconian dictator #2. Wow what a choice. As far a gas goes I drive a 3 cyl 1L metro on rainy days and a moped the rest of the time. What can I do to stop these monsters, write a letter to my corrupt, bought and paid for senator? Yeah that'll do the trick.

    5. Re:I am no political scientist by Anonymous Coward · · Score: 0

      the the drug war fuelled by America's love of cocaine and marijuana

      Hold on just a second there, Ashcroft. The drug war (meaning prohibition) is not the drug trade. The former is a product of government (coercion) and could not be achieved without it. The latter is a product of free will, and would exist irrespective of government.

      So let's call a spade a spade, shall we? The drug war, like any war, is fueled by aggressors (government), not victims (drug users, among everybody else).

    6. Re:I am no political scientist by SoulRider · · Score: 1

      You mean like, trickle-down economics?

  14. A few links. by palegray.net · · Score: 5, Informative
    Regarding the matter, some additional source material for consideration:


    A couple of these links are several months old; this has been brewing for awhile, and action needs to be taken now to stop it.
  15. My God!!! by Jane+Q.+Public · · Score: 1

    Can we just stick all the music and movie industry execs in prison now and have done with it, rather than having to shoot all those politicians later? I mean, it would save several years and a lot of trouble.

  16. Let 'em review by Muledeer007 · · Score: 2

    I say let'em review every single electronic device we have, ipods, computer, phone, hearing aid, pace maker and watches. It will take a week to cross a border or take a plane -- the economic reality is a far greater deterrent to this kind of ludicrous action than all the belly-aching complaints. Mule

    1. Re:Let 'em review by Txiasaeia · · Score: 2, Insightful

      You seem to think that this would be a problem for US Customs. I travel to the US by car once every two weeks or so, and it doesn't matter to them if they need to hold up a car for five seconds or five minutes; their shift ends when it ends. It's more work for each individual traveller to the States, but all in all, it's still a day's worth of work to the average customs officer.

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      Condemnant quod non intellegunt.
  17. Perverse logic to this Intellectual Property stuff by ibane · · Score: 2, Insightful

    Someone who's been blinded by the IP propaganda term might confuse "fake" handbags with ripped music. The confusion is intentional and it's designed to take rights away.


    Even given that, the demand for ISP logs and invasion of Canadian and EU citizen privacy is ballsy.

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    Intellectual property was the desert property of the twenth century.
  18. Constitution easy to subvert by CustomDesigned · · Score: 4, Insightful

    Article VI: ...and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. Any provision of the constitution can be done away with by getting 51 Senators and the President to sign a treaty. Failing that, you can get 5 judges to interpret it away (as in the recent decision allowing states to seize private property for any economic purpose).
    1. Re:Constitution easy to subvert by corsec67 · · Score: 2, Informative

      anything in the Constitution or laws of any State to the contrary notwithstanding.


      And how exactly does that allow a treaty to remove a part of the constitution? (Crappy politicians defining words however the hell they want aside)

      See also Reid v. Covert
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      If I have nothing to hide, don't search me
    2. Re:Constitution easy to subvert by salesgeek · · Score: 3, Informative
      Any provision of the constitution can be done away with by getting 51 Senators and the President to sign a treaty.

      FALSE. Treaties have the same strength as a law passed by congress, but are not exempt from the Constitution.
      "Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself, without the aid of any legislative provision." -- Foster vs Nelson

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    3. Re:Constitution easy to subvert by OfficeSupplySamurai · · Score: 1
      You skipped the beginning and thereby completely misrepresented the meaning:

      This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. The constitution and the treaties together are the supreme law; treaties most certainly do not overrule the Constitution. If you include the whole bit and observe punctuation, you see the end means all judges are bound by both and nothing in the Constitution or state laws can unbind them.

      Disclaimer: IANAL
    4. Re:Constitution easy to subvert by Doc+Ruby · · Score: 1

      No they cannot. Un-Constitutional treaties conflict with the Constitution, which is itself more potent than any mere law. It is in fact the creating statement of the government itself, and no mere law can contradict it and remain standing.

      Un-Constitutional judicial rulings are void, even if today's generation of judges, executives and legislators are too anti-American to be governed by that simple fact. It's just "might makes right", and not actually right or just. And likely to eventually be overturned, as those kinds of miscarriages of justice generally are through the course of American history.

      Unless we just grumble and accept it. In which case it'll all stick. And we'll deserve it for our own failures to create a just government.

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    5. Re:Constitution easy to subvert by cpt+kangarooski · · Score: 1

      No, you're reading it wrong. The US Constitution is the supreme law of the land; below that is federal law and treaties, which are both at the same level (and there's a last-in-time rule, so if a federal law and a treaty conflict, the newer one will trump); below that are state constitutions, and below that are state laws.

      The clause you miscited is merely saying that (among other things) treaties are superior to state constitutions.

      As for Kelo, I still fail to see the big deal with that, but that's neither here nor there.

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      -- 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.
    6. Re:Constitution easy to subvert by westlake · · Score: 2, Interesting
      And how exactly does that allow a treaty to remove a part of the constitution?

      By making it explicit that treaties with foreign powers are no less the "supreme law" of the land than the Constitution itself.

      In the simplest terms, the federal government is and always has been supreme in international affairs.

      You may be able to argue that you being treated unfairly, that too much is being exposed, that you being asked to asked to accept more, much more, than the treaty requires.

      But if the government simply frames the issues as a border search for contraband - which it will - you are in for an uphill slog.

      To a court, your laptop is simply another container, part of your luggage,

    7. Re:Constitution easy to subvert by Anonymous Coward · · Score: 0

      The provision of article IV means that federal treaties trump STATE constitutions. Not the FEDERAL constitution.

      Also it takes 67 Senators, not 51, to ratify a treaty.

    8. Re:Constitution easy to subvert by Benaiah · · Score: 1

      What exactly forms a treaty? could I make a trading treatise with a friend in Denmark, to trade information freely. If everyone signed onto such a treaty there would be no infringement because someone would own a cd of this or a DVD of that and we are agreeing to share the data that we own?

      IANAL

    9. Re:Constitution easy to subvert by Anonymous Coward · · Score: 0

      Actually, as I understand it, Reid v. Covert (1957) decided that, "the Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty." They go on to add that no treaty can confer power to any branch of government that is not within the constraints of the Constitution. Which makes sense, given the WHOLE of Article 6.

      IANAL, but if you don't believe me, you can wikipedia both "Reid v. Covert" or simply "article six;" the above knowledge comes straight from those two sources.

    10. Re:Constitution easy to subvert by maxume · · Score: 1

      The passage means "in the Constitution of any State or laws of any State", not the United Stated Constitution.

      --
      Nerd rage is the funniest rage.
    11. Re:Constitution easy to subvert by grahamm · · Score: 1

      Any provision of the constitution can be done away with by getting 51 Senators and the President to sign a treaty. Though surely if the treaty violates the constitution, the 51 senators and president are acting ultra vires and therefore doing so as private individuals not in their official capacity and thus the treaty would not be binding.

    12. Re:Constitution easy to subvert by Anonymous Coward · · Score: 0

      Not true,

      There is the case of those death penalty cases in Texas where the ICJ found the US broke the treaty...and the US Supreme Court said that it didn't matter that the Pres and Congress signed that treaty, w/o separate laws by Congress on the books to enforce the treaty in the US; then the treaty was meaningless and could be ignored by the states.

      In other words, the treaty can be signed but then Congress has to create new American laws to conform to the treaties...the treaties are not automatically US laws.

    13. Re:Constitution easy to subvert by scatters · · Score: 1

      The key point that you are missing is that the treaty must be made 'under the authority of the United States'. As a private citizen, you do not have the authority to enter into a treaty on behalf of the US Federal government.

      --
      A One that isn't cold, is scarcely a One at all.
    14. Re:Constitution easy to subvert by G00F · · Score: 1

      There is no longer a US Constitution, or guaranteed rights. Every single guaranteed right no longer exists.

      The government can say who can and can not have guns, and what guns they can have.
      You can be searched with out a warrant.
      Your property can be taken away for any numerous reasons, even with out any kind compensation.
      You can be held in jail with out being accused of a crime
      You are not presumed innocent and often are judged by the cop and punished with no recourse
      You are not allowed to protect yourself, family or property.
      Fed government does use a direct taxation.
      No Freedom of press, it is a license now, with kickbacks from the government.

      I know these are not guaranteed by the Constitution, but are just as disgusting:
      Cops are allowed, and even expected to lie.
      Unknown, Bad, or selectively enforcing Laws.
      Legalized bribery in the government in the form of campaign contributions and lobbying.
      Two party system, locking out any other politician not in those systems

      --
      The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive
    15. Re:Constitution easy to subvert by cpt+kangarooski · · Score: 1

      There is no longer a US Constitution, or guaranteed rights. Every single guaranteed right no longer exists.

      Well, they've been pretty good about respecting the Third Amendment, you've got to admit.

      --
      -- 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.
  19. We sure are getting a lot of mixed signals by iminplaya · · Score: 1
    --
    What?
  20. Re:You mean the country that the baby boomers buil by jedidiah · · Score: 4, Insightful

    > I'm guessing you're a member of "Generation-Me"

    You mean the baby boomers?

    --
    A Pirate and a Puritan look the same on a balance sheet.
  21. this is maddness by Anonymous Coward · · Score: 0

    As an avid traveller both business and personal this is just getting too far.

    Think ill just carry a deck and vinyl from now.

  22. They won't, but they needn't care... by Animaether · · Score: 5, Interesting

    Think of it like speed traps. You, presumably, sped. The speed trap captures this, takes that moment-in-time shot, and you get the bill in the mail. You are, at this point, guilty until proven innocent. Yes, you are guilty, you were speeding; (important) technicalities such as calibration times of the speed trap, etc. aside... you were speeding.

    Now it's up to you to 1. challenge this and 2. provide evidence that either you were NOT speeding, or that you were speeding for a damned good reason which exempts you from getting a ticket.

    ---

    So to get back on-topic...
    "How would border guards be able to tell an illegal song on an iPod"
    If it's in the AAC format with Apple's Fairplay DRM - which they license to nobody and all that.. then it's probably legit.
    If it's an MP3, it'll get added to the list of 'probably-illegal' bits of music.

    "from a song ripped from your private CD collection"
    1. Challenge it, 2. provide evidence that you, in fact, are in posession of that CD.

    "(which as the RIAA would have us believe, is illegal too)"
    If that is indeed the law - which, last time I checked, it's not - yhen you're screwed even in the above case regardless.

    "from a song bought from the iTunes store?"
    Presuming you purchased an unprotected MP3 - that purchase should be listed in your iTunes Account. 1. Challenge it, 2. provide the evidence - name Apple if you want.

    -----

    Now, personally, I don't think this will actually be checked all -that- actively. Lines at airports and the like are queued enough as it is and they're strapped for money just to check for things like, you know, actual terrorists, drug smugglers, etc. That's not to say I'm complacent - I already sent in my letter of protest several weeks back, but we're not exactly part of the G8 countries so that's probably going to do fook all good - but I don't think that the first kid with a few MP3s on his system is going to be shipped to Gitmo either.

    Now, with that out of the way, the clauses regarding the restrictions of privacy tools use online (and, possibly, offline; that TrueCrypted drive you've got and such) I find far, far more unsettling (and was the majority of the body of my protest letter; personally I can't really justify saying "I'm only downloading a movie! What's the harm!?", but I did point out the ridiculousness of involving law enforcement officials in this, never mind the penance, and my disagreement with those clauses on those grounds).
    I'm still waiting for them to hook this into a "That way we'll get the terrorists, too!"-type defense argument.

    But maybe they're not, and they're expecting people, to just fume at the worst bits, then blank those out and just leave it with the anti-piracy bits which might be grudgingly accepted.

    1. Re:They won't, but they needn't care... by Anonymous Coward · · Score: 0

      There's a much more important issue with respect to Canada. There's no such thing as illegal downloads. Essentially, there was a court case a while back that essentially said that downloading was OK - uploading could get you in trouble.

      Since they can't prove that you've uploaded those songs in any way, they can't do jack to Canadian citizens except maybe turn them back from the border.

    2. Re:They won't, but they needn't care... by KDR_11k · · Score: 2, Insightful

      A speed trap triggers based on speed (which, if measured right, proves you guilty), just searching for MP3s triggers on the presence of MP3s (which still doesn't prove you guilty). Considering the format evidence for the legality of its source would be akin to a speed trap photographing all sports cars passing by because those are very good at speeding. The presence of an MP3 or ownership of a sports car alone is not enough to prove you guilty of copyright infringement or speeding, respectively.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    3. Re:They won't, but they needn't care... by Qzukk · · Score: 1

      2. provide evidence that you, in fact, are in posession of that CD.

      So you're standing there, in an airport in New York, and your CDs are in your room in Utah, how are you going to prove that you own this?

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    4. Re:They won't, but they needn't care... by Anonymous Coward · · Score: 0

      OMG! A car analogy that makes since and that is on topic. What is /. coming too?

    5. Re:They won't, but they needn't care... by Anonymous Coward · · Score: 0

      What if I no longer had any use for the CDs and decided to trash them?

    6. Re:They won't, but they needn't care... by demongp · · Score: 1

      "from a song ripped from your private CD collection" 1. Challenge it, 2. provide evidence that you, in fact, are in posession of that CD.

      What about if you USED to have the CD, but you don't anymore? (It was stolen, broken, etc). I would imagine this is probably quite a massive loophole that one can use, but of course IANAL.

    7. Re:They won't, but they needn't care... by Anonymous Coward · · Score: 0

      I used to buy ton's of CD's (physical cd's) and now have a huge ripped mp3 folder. I have since destroyed (thrown away) all my cd's because hauling around sacks of CD cases from apartment to apartment (I move a lot) is no fun.

      I don't want to have to defend all my legally purchased music. Other than CONSTANTLY defending completely legal activity, what recourse do citizens have against this kind of anal raping?

    8. Re:They won't, but they needn't care... by Anonymous Coward · · Score: 0

      Think of it like speed traps. You, presumably, sped. The speed trap captures this, takes that moment-in-time shot, and you get the bill in the mail. You are, at this point, guilty until proven innocent.


      You are not guilty in the United States until you sign the ticket saying you're guilty or go to court and lose. I understand you want to change the meaning of the word to make some kind of argument. If you aren't talking about legal guilt, they you were guilty of speeding even if no one saw you. Either way, your definition is silly.
    9. Re:They won't, but they needn't care... by Animaether · · Score: 1

      No, I wasn't trying to change the meaning of a word for some kind of argument. But I'll bite.

      No, I did not mean the -legal- definition, as in "I am a lawyer, and when I say guilty I mean...".

      And yes, under the more 'common man' definition, you'd always be guilty - whether caught or not.

      So I'll put it in less ambiguous terms.

      If the authorities have on record that you were, according to them, speeding
      and
      they serve you with a ticket
      and
      you have the choice of
      A. signing that ticket and thereby accepting guilt-as-in-legal-guilt
      B. going through proceedings to prove that the records the authorities have are invalid in one way or another ...
      Then even if you are not "guilty until proven innocent" by the legal definition, you sure are in the default state of being fucked (you either sign and pay up or... well if you don't, nor do you contest the charges, they'll just come after you in more direct ways) until YOU take action to show the authorities to be wrong.

      But I do stand corrected - thanks, Anon :)

  23. Time for Stephen Harper to go. by Anonymous Coward · · Score: 1, Insightful


    It'd be nice if this minority government would have an election forced so we could get rid of Stephen "Little George Bush" Harper and his Conservatives. It's no coincidence that all these "Canada trying to get X law put it" stories are coming around now that they're in power.

  24. Re:You mean the country that the baby boomers buil by Anonymous Coward · · Score: 5, Insightful

    The baby boomers built the country? Please! They were sitting around protesting, free-loving, and smoking dope while their parents and grandparents actually built what we have today. No one on this planet has the same entitlement mentality as United States baby boomers. No one.

  25. I hope they pass it by GregPK · · Score: 1

    Cause you know the court is going to declare it unconstitutional.

    1. Re:I hope they pass it by lena_10326 · · Score: 3, Insightful

      Cause you know the court is going to declare it unconstitutional.
      The constitution is no longer law. It's a softly spoken suggestion.

      --
      Camping on quad since 1996.
    2. Re:I hope they pass it by Anonymous Coward · · Score: 0

      My rifle doesn't speak softly, I'll tell you that.

  26. Re:You mean the country that the baby boomers buil by Anonymous Coward · · Score: 2, Insightful

    You don't know me. I do like my life, I work hard, and I also vote. Forgive me for expressing dismay over the possible adoption of ridiculous policies.

    Where do you draw the line between whining and merely stating one's opinion? Seems to me like you are a whiny baby-boomer who can't handle the criticism of younger people (I'm 27). See how easy it is to flip that around? I can argue with you and make up negative things about you, rather than actually attacking your opinion with logic.

    I got it though, you have enlightened me. The baby boomers were here first so they deserve the chance to not only gobble up the world's resources and pollute the environment, and to write up some draconian laws that will persist and cause the next generations to suffer for decades after they are dead and gone. All so that a few large media corporations (run by baby boomers) can get wealthier and the CEOs can be entombed in large structures with their luxury cars and secretaries.

    I got news for you old man, you're gonna die, and your country will be ours. So long. We won't miss you.

  27. I'm gonna call Steve Jobs by linhares · · Score: 1

    Then again, he might tell me that I should get an iPod for the US, and another one in Canada. The same goes with all my music.

  28. Libertarian horse poop by postbigbang · · Score: 4, Insightful

    I understand IP. I understand what is theft, and what isn't. I don't abide by customs searches for somebody's IP. I bought and paid for every single piece of music I have. None were torrented, or obtained through nebulous means from a copyright respect perspective.

    And the music moguls now want to enforce the ability to check on me. With WHAT??? How can a customs agent possibly determine the MP3s that I have are, or are not purchased with validity???? THEY CANNOT!

    IP protection isn't the backbone of the US economy. It's an intangibles-fantasy to think so. That's not what my father built, his father built, my mother built, and so on. It's the asset protection mechanism of the nonsensical. It's not innovative, it's not producing return on the intangible asset, it's as flimsy as derivates. Yet I respect the concept of asset ownership, and my rights under the law as a consumer. Now some nitwit's pressured various treaty signators to look at my damn MP3 player-- where's the justice in that??????

    --
    ---- Teach Peace. It's Cheaper Than War.
    1. Re:Libertarian horse poop by thermian · · Score: 2, Informative

      How can a customs agent possibly determine the MP3s that I have are, or are not purchased with validity

      When it comes to checking all iPods, they can't. What is far more likely is that if they have you tagged for some other problem this will mean they can then have your iPod checked over for possible infringing material.

      I'm wondering whether they will be thinking that a full iPod means the content is pirated or not.

      Also, it's not just music that can be stored on a iPod, or similar music devices. You can store just about anything, so it will also be that they can look for non media content.

      --
      A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
    2. Re:Libertarian horse poop by Pofy · · Score: 1

      >What is far more likely is that if they have you tagged
      >for some other problem this will mean they can then have
      >your iPod checked over for possible infringing material.

      How can material be infringing? The act of for example copying it can be infringment. A copy stored on a device can itself not be infringing (especially if it is not accesible by the public). It is whatever someone do with it that can be infringing. Hence it won't help looking at for example an mp3 player since there is no way to tell HOW the copy was created (in an infringing way or not). If you want to check at the boarder it is even harder since you have to consider the exact law in the country it was made in.

    3. Re:Libertarian horse poop by guruevi · · Score: 1

      Maybe you didn't know you better keep receipts for all the music you bought, otherwise it becomes illegal.

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
    4. Re:Libertarian horse poop by jefu · · Score: 1

      What is far more likely is that if they have you tagged for some other problem this will mean they can then have your iPod checked over

      So it will be a very useful tool to control dissidents of all sorts. Not a terribly surprising move by this administration.

    5. Re:Libertarian horse poop by SoulRider · · Score: 1

      Everyone is trying to convince us their business is the backbone of American Economics (oil, airline, IP, microsoft,etc, etc, etc) lately.

  29. well then... by riprjak · · Score: 1

    ... looks like its time to buy a travel ipod to go with that travel laptop.

    Of course, pity the person who legally format shifted music they own in accordance with various fair use or national copyright doctrines around the world.

    Or pity the person who legally purchased mp3's without drm; unless they carry all of their purchase reciepts with them!

  30. How can they tell? by Zemran · · Score: 1

    My MP3s do not have 'skanky' stamped on them. If I rip one of my CDs it is OK, but if I have a rip of someone else's it does not get stamped 'illegal'. They will just guess, and based on the fact that there is unlikely to be anyone with an iPod full of legal tunes, they can just collect iPods for their friends and families.

    --
    I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    1. Re:How can they tell? by Skapare · · Score: 1

      Maybe they will require that you bring the CDs with you to prove the recordings on your iPOD are legal. If you forgot them, then they will give you a form to sign allowing them to contact your local police or FBI branch to go search your home (and everything in it, of course) for these CDs (and you will have to wait several hours while they carry out that search). Your taxes are hard at work protecting our nation from destruction by those evil music infringers.

      --
      now we need to go OSS in diesel cars
  31. Re:You mean the country that the baby boomers buil by CoolGuySteve · · Score: 5, Insightful

    Maybe it's the product of growing up under the red scare, but between the anti-Vietnam movement, the war on drugs, "Family Values", the war on terrorism, and the bare minimum of environmental laws/cheap gas/tax breaks for SUVs, the boomers' voting record will probably cause them to be remembered as the most cowardly and coddled generation in history.

    "Generation-Me" indeed.

    Why yes, I do have karma to burn.

  32. What "Free Trade" Looks Like. by westbake · · Score: 5, Insightful

    Software patents are one small but important piece of the IP Empire which demands universally oppressive laws.



    The list goes on and on but it has one common theme, your rights mean nothing, shut up and get back to work for the man.

    --
    I am a name troll of Westlake. Visit my homepage to learn why.
    1. Re:What "Free Trade" Looks Like. by cayenne8 · · Score: 2, Insightful
      "We should not forget free flow of slave labor for US agriculture. It might be claimed that no US Citizen would take the kind of work mega farms import Mexican citizens to do, but why not pay those people US wages and treat them as immigrants rather than keep them locked up "

      Well, if they would come in through legal channels...they would be treated like any other legal immigrant. I don't think anyone has much a problem with legal immigration into the US.

      However, ILLEGAL immigrants have broken the law, and should be arrested, and locked up till deported. That's what the law is supposed to do....

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  33. So where should Linux Symposium be held now? by Anonymous Coward · · Score: 4, Interesting

    I seem to recall that Alan Cox, and probably others, were so disturbed by the DMCA in the US that they vowed never to visit the US again. So, the Linux Symposium has been held in Ottawa for some time.

    Will this force Linux conferences to be held outside the US, Canada and the EU? Of course Alan Cox lives in the EU. It really makes one not wish to even travel through the region, which is pretty difficult if you think about air travel hubs, etc.

  34. Bombs maybe, MP3s NO! by joocemann · · Score: 2, Insightful

    When will we get a notion of priority in this sick world? We've got so many issues in this world, much to do with security and protection; Please tell me why pirated music will take priority when our current ACTUAL border security is a joke? I'm imagining a scene where some guy is getting shook down for copied music while hoodlums rape a woman nearby unquestioned. Lets get a list of frikkin priorities here.

    1. Re:Bombs maybe, MP3s NO! by joocemann · · Score: 1

      What are you talking about?

  35. Pity... by PHAEDRU5 · · Score: 0, Flamebait

    Pity we can't have the RIAA keeping the Mexicans out on the Southern border, and the Muslims out on the Northern border.

    --
    668: Neighbour of the Beast
    1. Re:Pity... by hyades1 · · Score: 1

      Why would you want to stop your Muslims from escaping into Canada?

      --
      I've calculated my velocity with such exquisite precision that I have no idea where I am.
    2. Re:Pity... by freedom_india · · Score: 1

      Probably the RIAA can: if mexicans had iPods with illegal music on them. Then you don't need to pay border guards. RIAA will gladly do the job for you.
      On a serious note, what if i stuck the iPod mini in my a$$ (literally) and ask the customs agent to pull it out to inspect it?

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    3. Re:Pity... by Anonymous Coward · · Score: 0

      The border guard would check the 'Homosexual' box on his standardized form and you would be denied entry. ~

    4. Re:Pity... by freedom_india · · Score: 1

      The border guard would check the 'Homosexual' box on his standardized form and you would be denied entry. You Bastard!
      --
      "Doing what i can, with what i have." ~ Burt Gummer
  36. sadly the government runs us. by Anonymous Coward · · Score: 0

    what ever happend to the people putting fear into the government ;\

  37. Terrorism by Anonymous Coward · · Score: 1, Insightful

    The only thing that surprises me about this is that the agreement doesn't have "Anti-Terrorism" in the title.

  38. screwed. by Odder · · Score: 5, Insightful

    16 hour work days, food that's poison, obesity, insurance and medicine they can't afford. At some point it collapses on itself because there's only so much greed an economy can stand. We are entering a recession exactly as predicted by Former World Bank Vice President, Chief Economist and Nobel Prize winner Joseph Stiglitz in 2006.

    1. Re:screwed. by Anomolous+Cowturd · · Score: 1

      Infowars and PrisonPlanet. Take their output, add to the mainstream media, divide by two and you might get a picture of reality.

      --
      Software patents delenda est.
    2. Re:screwed. by karmatic · · Score: 4, Interesting

      Infowars and PrisonPlanet. Take their output, add to the mainstream media, divide by two and you might get a picture of reality.

      Well, how about another group of nutjobs - the "Federal Reserve". Since the CPI numbers are meaningless, and the GDP numbers are bogus (compare pre-Clinton and post-Clinton numbers for a good example why), let's look at the relative buying power of the US Dollar, since that's a lot harder to fudge.

      Here ya go.

      The numbers to look at are the Broad and Major Currency numbers. These indices are relative to a specific point in time - Jan 97 and Mar 73, respectively).

      So, looking at the most recent YOY data (APR-APR) - the US dollar has dropped 9.3% YOY compared to a broad group of our trading partners, and nearly 12% YOY when compared to other major currencies. Contrast this to a 4% YOY (broad) or a 4.7% (major) for the 12 month period before that.

    3. Re:screwed. by hackstraw · · Score: 4, Insightful

      We are entering a recession...

      Who cares?

      At least we will have all of our needs taken care of by the government.

      I mean, what do we need? Food, shelter, and companionship.

      All are offered free of charge at your local prison.

      Sarcasm (maybe not) aside, I mean, how the *uck can someone tell if my iPod has illegal or legal downloads on it? I can tell you for a fact, that I don't even know which are legal or illegal, they all look the same to me. Well, now some of the low bitrate ones, I might question, but how would anybody else?

    4. Re:screwed. by Just+because+I'm+an · · Score: 3, Interesting
      I suspect there's some sort of ID3 tag they might look for.. "purchase date" might be one.. or perhaps there's others they'd look for.

      I'm less sure how they plan to scan the tens of thousands of media files on a given iPod. Perhaps since you're already waiting several hours to check in to make sure you haven't got a pair of nailscissors with which you might manicure someone to death the rationale is to make you wait at the other end too.

      Naturally the whole question of how many Pirates and Ninjas there are will then likely swing heavily to starboard.

    5. Re:screwed. by Sancho · · Score: 4, Insightful

      The mp3s ripped from my CDs don't have a purchase date.

    6. Re:screwed. by Anonymous Coward · · Score: 1, Interesting

      I'm less sure how they plan to scan the tens of thousands of media files on a given iPod. Perhaps since you're already waiting several hours to check in to make sure you haven't got a pair of nailscissors with which you might manicure someone to death the rationale is to make you wait at the other end too.

      Simple. Grab your device, mirror its contents, and sift through its contents at their leisure while you're on your way home.

      If they find anything naughty (whether it's your MP3s or pr0n, and considering that 99% of pr0n's probably copyright infringement too...), you get a lawsuit in the mail a few weeks later.

      The real goal, I suspect, is industrial espionage. By making it "standard practice" to copy/image all storage devices at the border, you greatly increase the odds of getting some leftover data on a hard drive left unsecured by some careless engineer or executive.

    7. Re:screwed. by plague3106 · · Score: 1

      Hey twitter, just wanted to point out that obesity is the obese person's fault. Fat people need to put down the donut, and start moving around.

    8. Re:screwed. by mazarin5 · · Score: 1

      Infowars and PrisonPlanet. Take their output, add to the mainstream media, divide by two and you might get a picture of reality. I think that it's easier to just take the opposite of whatever abovetopsecret.com says.
      --
      Fnord.
    9. Re:screwed. by gregbot9000 · · Score: 0, Flamebait

      People on the fringe always say this crap: THE MEDIA IS BIASED! (because they don't cover our crazy view point). I'm sure you think that RGDP and CPI are bogus, but why? because Alex Jones's predicted apocalypse hasn't happened yet so the powers that be are obviously lying? Or maybe things aren't as bad as the fringe want you to believe. Alex Jones is a televangelist who hand picks his stats and his predictions are nothing more than fantasy infotainment, His idea of how government works applies more to civIV than real life. I have a millions stats from everywhere to back me up, of course they're all lies from the Fed

    10. Re:screwed. by CowTipperGore · · Score: 3, Informative

      The mp3s ripped from my CDs don't have a purchase date. Exactly. This would help identify you as a thief. You might also want to read the RIAA's letter to the US Copyright office in 2006. For those PDF-averse, here are some highlights:

      The Register was right in 2003 to be "skeptical" of the merits of any fair use analysis that asserts that space-shifting or format-shifting is a noninfringing use. ... This is particularly the case in today's market, where inexpensive legitimate digital copies of most types of works are readily available, and increasingly can be obtained through online download services. Where a market is functioning to serve the demand otherwise being fulfilled by unauthorized copying, the likelihood that the unauthorized copying is fair use is diminished.

      and

      Similarly, creating a back-up copy of a music CD is not a non-infringing use.

    11. Re:screwed. by Sancho · · Score: 2, Interesting

      Luckily, the RIAA do not get to determine Fair Use.

      But this nation's CD rippers are in good company. Bush admitted to having The Beatles on his iPod long before they were available as a digital download.

      My captcha was nicely relevant: judicial

    12. Re:screwed. by Rary · · Score: 1

      The mp3s ripped from my CDs don't have a purchase date. Exactly. This would help identify you as a thief.

      Not only that, but the MP3s legally purchased from, for example, my band from our website don't have a purchase date in the ID3 tag.

      Apparently, according to RIAA members, purchasing independent music is theft, too.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    13. Re:screwed. by An+ominous+Cow+art · · Score: 1

      This is off-topic, and I apologize to Slashdot in general, but:

      You're a logged-in, subscribing, low UID (if that matters) user - why did you get a captcha? In all my years here I've never seen one on Slashdot, though I see people reference them from time to time.

    14. Re:screwed. by Sancho · · Score: 1

      My apologies to Slashdot in general for the off-topic post that follows--I'm just answering the question.

      I was at lunch, checked my mail on my phone, and opened the link in Pocket Internet Explorer. I wasn't logged in there, and it seems to provide the old interface to that browser. The old interface asks for username, password, and captcha. If you omit the username and password, you post anonymously.

      I honestly have no idea whether or not omitting the captcha is allowed if you include a username and password. I included the captcha because the connection on my phone is slow enough that I didn't want to risk it coming back demanding it.

      Looks like with the new interface, you type in your reply, click Preview, and then it presents a captcha before you can Submit. It never asks for login credentials (at least, not without requiring you to navigate away from your reply), which I think is a bit of a regression. 99% of the time, though, I'm logged in (and maybe that's the case for most people who actively post.)

    15. Re:screwed. by BlueshiftVFX · · Score: 1

      how do you know th OP was from the states where the RIAA currently governs? In Canada I don't believe we have such laws yet or are governed by the RIAA.

      Even still don't the US laws state that it is legal to rip your own CDs but you can not circumvent a copy protection scheme? what if the CD doesn't have a scheme on it, it's fair game then right?

    16. Re:screwed. by zdickinson · · Score: 1

      I was wondering the same thing. How can they tell what's legal and not legal? Which way does it go? Do I have to prove it's legal or do they have to prove it's illegal?

      --
      I hate ethics, I avoid them on principle.
    17. Re:screwed. by An+ominous+Cow+art · · Score: 1

      Thanks for the reply. Maybe someday, I, too, will benefit from the wisdom that Slashdot's oddly oracular captcha generator dispenses...

    18. Re:screwed. by gregbot9000 · · Score: 1

      Wow Immanent collapse in 24 months from Oct. 30, 2006, we only have 5 months left! and another from November 21 , 2007 is about to happen, wow! I didn't know market meltdowns behaved like icebergs. "If it's well managed it will only be a slow-down, if it's not well-managed it could be a recession" A market situation 2 years ago if left alone would now be destroying the world! no shit! If only there was a Federal organization to manage the lending market and money supply! And if only our government could do something to help stimulate the economy, Alas we are slain!

    19. Re:screwed. by Anonymous Coward · · Score: 0

      Well, it is pretty obvious. You don't have the receipt for the purchase of those songs in your hand, do you? Well, according to the Walmart door "greeter" principle, you have stolen those songs. Why this is so obvious that you don't even need a judge, or jury, and since you're not in a country but on a border, we'll just escort you to guantanimo now.

  39. Re:You mean the country that the baby boomers buil by bsDaemon · · Score: 1

    The baby boomers are (were?) a bunch of dope-smoking draft dodgers that have run this country into the ground while their parents wonder why exactly it is that they fought World War II, since they just ended up living under authoritarianism anyway.

    Over Christmas, my now almost 95 year-old grandfather apologized to me, my sister and our 2 first cousins for the sorry state of the world that my parents generation created.

    However, the boomers did such a good job of screwing things up, and peppering our generation with the semi-retarded after-effects of marijuana on the gametes that the US is pretty much doomed.

    Oh well, it was nice while it lasted. What does it take to defect to Russia these days?

  40. Our Prime Minister by Anonymous Coward · · Score: 0

    is a fascist asshole.

  41. Apple, I see a business opportunity by eggman9713 · · Score: 1

    Sell a new version of iPod software that encrypts your iPod's contents with a password, then you don't have to give them the password because of that recent Supreme Court ruling, where being forced into giving up an encryption password is not allowed under the 4th amendment, assuming the US Constitution is still in effect by then, not that I believe it is in force now.

    1. Re:Apple, I see a business opportunity by Anonymous Coward · · Score: 0

      Actually.... if you are travelling outside the U.S. then the U.S. constitution would hold no bearing. If you are entering Canada for instance, the U.S. constitution would be a meaningless rag and ACTA would takeover. Once you returned home, you may be free to challenge it. But, given the global scope of the initiative, ACTA governers could simply choose to hold your hearing in Canada (the place where you were caught) and once again... U.S. laws do not apply. This whole thing is very slick.

  42. redundant issue by uniquegeek · · Score: 2, Informative

    There's already a system for dealing with illegal material, and there are very good reasons for requiring a warrant for such searches. The issue in question is already covered. Is this nonsense really necessary?

    1. Re:redundant issue by joocemann · · Score: 1

      No it isn't. Just like the patriot act and the whole DHS. A complete joke. Every necessary aspect of protecting Americans against terrorism existed before 9/11. I know this, as I worked that field before, during, and after. What is occurring is not a matter of new important laws, but rather an expansion of power to a point beyond civil rights and due process; a point from which a government loses its regard for its electing populous, oversteps its bounds, and in time is driven to revolution or collapse once that population has had enough.

  43. Secretly negotiating, hmmm? by Gorlash · · Score: 1

    I get the impression that someone may not understand the meaning of the word "secretly"...

  44. The real answer by symbolset · · Score: 3, Insightful

    Repeal copyright. All of it. If they want to fight, give 'em a fight. Let us not piddle about minor interpretations of legalisms. Let's gut the whole thing. Patents too. Both of them were designed to promote progress and now the serve the opposite purpose. They should be done away with.

    Patents shall not issue. Copyrights shall not be granted. All patents and copyrights are void. (New amendment)

    --
    Help stamp out iliturcy.
    1. Re:The real answer by davolfman · · Score: 1

      Individual copyright still serves a useful purpose. A complete repeal of copyright would devastate the entire artistic industry. Unless you have copyright the only way you get art is when rich people keep a pet artist.

    2. Re:The real answer by CRCulver · · Score: 4, Informative

      nless you have copyright the only way you get art is when rich people keep a pet artist.

      In the European Union, much local film and art music is produced with the support of state subsidies. Private patronage isn't as big here as in the U.S. If a government is committed to keeping the arts strong, and if it fairly distributes money evenly to all artists instead of just those a government official favours, then things work very well even without the notion of copyright. France is an excellent example of how state arts funding works well when certain arts are important but not always economically profitable. IRCAM is now in its third decade of generous state funding.

    3. Re:The real answer by the_one(2) · · Score: 1

      getting rid of patents completely probably isn't a good idea. There would still be a monopoly for a time before the thing could be reversed engineered and there would probably be a lot of time and money spent on reverse engineering (of course this might not entirely be a waste).

      shorter terms and less patents granted are the answer I believe

    4. Re:The real answer by mh1997 · · Score: 1

      In the European Union, much local film and art music is produced with the support of state subsidies. Private patronage isn't as big here as in the U.S. If a government is committed to keeping the arts strong, and if it fairly distributes money evenly to all artists instead of just those a government official favours, then things work very well even without the notion of copyright. France is an excellent example of how state arts funding works well when certain arts are important but not always economically profitable. IRCAM is now in its third decade of generous state funding.
      I'm an engineer and I have designed things that were not profitable, why not have the taxpayers support me. After all, my art (engineering drawings) is important. How do we determine who is an artist for their even distribution - it can't be profitablity? It shouldn't be a panel of government experts because then its funding will be official government favor.

      Why is it the governments job to make sure an artist makes money when nobody buys his creation?

    5. Re:The real answer by Saxerman · · Score: 1

      My short rebuttal is merely that the world presently spends a vast amount of money for the creation of new art, and that demand is not going to magically vanish if you abolish copyright law. The counter-point is that yes, people want new art, but they would stop paying for it if they can get it for free. But, of course, you can't really get new art for free. Someone needs to support the artists, even if that means they all need to get day jobs to fund their craft.

      A complete repeal of copyright *would* devastate the copyright cartels, which presently own a massive amount of intellectual property. It might not be a direct death sentence, but it would require a massive restructuring of such businesses if there were to try and survive in a post-copyright world.

      Obviously, without copyright, new systems would need to rise up to meet the demand for new art. I find it unlikely that these new markets would create the handful of massive superstar artists we have today, but this should mean the possibility of supporting a larger number of sub-superstar artists. Your example of a rich patron supporting a pet artist is merely one example of the possibilities. With if, for example, the record labels went back to their original roots, and merely signed, supported, and marketed artists, rather than trying to control their art?

      --

      A steaming cup of soykaf would be real wiz right now.

  45. CoRaF by coppro · · Score: 5, Insightful
    It's especially bizarre, since there is no way this law could be enforced. The Supreme Court would prevent it from being enforced under the principles of the Charter of Rights and Freedoms. Any politician supporting this treaty would be an idiot, because he would back our country into an inescapable hole.

    Paragraph 1 of the Charter says that

    The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. and Paragraph 8 says that

    Everyone has the right to be secure against unreasonable search or seizure. This is definitely unreasonable search and seizure, and there's no way you can justify searching private devices without cause for copyright infringement. Also note that this paragraph says "everyone", not "every citizen of Canada".
    1. Re:CoRaF by Anonymous Coward · · Score: 0

      "This is definitely unreasonable search and seizure, and there's no way you can justify searching private devices without cause for copyright infringement."

      It's worse than that. Even if it were legal for them to do so, if they searched or seized my iPod or laptop they'd find *loads* of music and movies -- all copied legally under the "Private Copying" part of the current Canadian Copyright Act.

      How in the !&@$#$ are they going to figure out at a border crossing what files are legal versus illegal if the CDs and DVDs I purchased are sitting back at my home?

    2. Re:CoRaF by qazsedcft · · Score: 1

      The problem is that Canada has this big loophole in it's charter of rights called the "non withstanding clause", which allows the government to pass unconstitutional laws regardless of what the supreme court says. Of course, currently it would be suicide for any politician to abuse of this right, but maybe after the populace is conditioned a little...

    3. Re:CoRaF by Sigma+7 · · Score: 2, Insightful

      The problem is that Canada has this big loophole in it's charter of rights called the "non withstanding clause" That's not a loophole, it is a safeguard in the event a critical or popular law gets struck down (e.g. a specific law that allows holding a minor or other individual when it is determined that he has a pattern of dangerous crimes that make him a threat to society and himself.) Any law passed under that clause also automatically sunsets after five years. If the population wants to get rid of the law, they can easily vote for another party.

      The clause also only applies to some aspects of the Charter of Rights and Freedoms.

      Besides, if a government wanted to use a loophole, they'd just invoke the first clause which allows reasonable limitations on said rights and freedoms.

    4. Re:CoRaF by plague3106 · · Score: 1

      So a critical law which violates rights should still be allowed to stand? Or a popular law which violates the rights of a minority should be allowed to stand? Either a law unjustly violates one's rights or it does not.

    5. Re:CoRaF by Beardo+the+Bearded · · Score: 2, Insightful

      Yes, the Supreme Court of Canada would overturn the law - when it gets there.

      It'll cost you seven figures to get there.

      --

      ---
      ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
    6. Re:CoRaF by Sigma+7 · · Score: 2, Informative

      So a critical law which violates rights should still be allowed to stand? Including or excluding laws that put violent criminals in jail?

      Seriously, if you believe that the example I gave shouldn't be allowed to stand, you might as well give children a carte blanche to commit murder. The law in question was designed to prevent young offenders known to have a pattern of criminal behaviour from committing additional crimes. Within 24 hours of it being struck down, the individual stole a car and caused a car accident.

      Or a popular law which violates the rights of a minority should be allowed to stand? There is no such thing. The closest match is Quebec's language laws, and those aren't popular.

      By the way, did you read the copy of the charter in question?

    7. Re:CoRaF by coppro · · Score: 1

      The only way to invoke the notwithstanding clause is through Parliament (or in a provincial case, the Legislature). The big problem with this treaty is that by signing the treaty they can effectively bypass Parliament. They cannot invoke the notwithstanding clause without passing it through the regular channels of legislation.

    8. Re:CoRaF by Anonymous Coward · · Score: 0

      The notwithstanding clause was intended to allow for the implementation of drastic measure when necessary - such as during war. Quebec's language laws were an unfortunate side-effect (the current laws do not use the notwithstanding clause; they have been under the SCOC's scrutiny and found to be valid). Sometimes a government has to use unfair powers in order to ensure the nation's safety, hence the existence of the clause. The five-year rule means that the unfair law cannot be put in place and abused indefinitely; since the clause cannot remove suffrage, there is no way short of amending the Charter (which requires a majority in Parliament (both houses) as well as a 2/3 majority of the provincial governments, with at least half of the national population represented by the provinical majority) to actually and truly abuse the clause.

    9. Re:CoRaF by plague3106 · · Score: 1

      Including or excluding laws that put violent criminals in jail?

      Stop with red herrings, ok?

      Seriously, if you believe that the example I gave shouldn't be allowed to stand, you might as well give children a carte blanche to commit murder. The law in question was designed to prevent young offenders known to have a pattern of criminal behaviour from committing additional crimes. Within 24 hours of it being struck down, the individual stole a car and caused a car accident.

      You're trying to use the ends to justify the means. You're basically saying that things like Gitmo are just fine and dandy. Either charge someone or release them. But saying that they should be allowed to be arbitrarly "held" smacks of totalitarianism. Part of the price of freedom is that sometimes innocent people are harmed by others, and sometimes criminals go free.

      There is no such thing. The closest match is Quebec's language laws, and those aren't popular.

      Really? Canada allows gays to marry?

      Section 33 provides an out to trample on any Candian citizens rights without ever needing review. If you think the "vote them out" argument works, well, may as well move to the US and see how that's working. The people in power set themselves up so they stay in power. The US has enough problems following the Constitution, and we don't have such a clause. I can't imagine what things would be like if the government could at any time say "eh, we don't need to worry about trying to stamp out this right."

    10. Re:CoRaF by Sigma+7 · · Score: 1

      Stop with red herrings, ok? [...] Really? Canada allows gays to marry? These two points speak for themselves. Allowing gays to marry is moot - what you should be asking is if Canada allows homosexual couples to divorce, an issue which did occur in the past. (Look it up.)

      You're trying to use the ends to justify the means. You're basically saying that things like Gitmo are just fine and dandy. Either charge someone or release them. But saying that they should be allowed to be arbitrarly "held" smacks of totalitarianism. Strawman, and also unrelated. The example I originally gave was not an arbitrary holding, it was an arrest involving a common criminal that developed a pattern of committing crimes. If you believe that clause allows said totalitarianism, it's a moot point since any political party that gains power can easily change the constitution with enough support.

      Unlike an actual slippery slope, the clause doesn't create a massive window for the government to randomly and permanently seize power. Even the temporary laws passed under the Emergency Act are just temporary, even when the scope of a reasonable limit is increased.

      Section 33 provides an out to trample on any Candian citizens rights without ever needing review. If you think the "vote them out" argument works, well, may as well move to the US and see how that's working. Unlike the US, Canada is not a one-party system. Parties have been destroyed in the past and were no longer recognized as an official party within parliament. Furthermore, parties have been divided as well because the opposition party felt it was more important to hardline party members into a specific position rather than trying to maintain clout. Those twelve members showed that they can easily create their own political party.

      It's the exact reason such laws expire after 5 years. If the previous party pushed something like that through, they'll have trouble getting it through again with only two seats in parliament.

      Where did you get the idea where trampling rights of Canadians don't get review? It's done by the backbenchers that are being told by the party leaders that it needs to be done, since usage of those clauses attracts a lot of attention. As you know, these backbenchers are also easily replaced.
    11. Re:CoRaF by plague3106 · · Score: 1

      [...] Really? Canada allows gays to marry? These two points speak for themselves. Allowing gays to marry is moot - what you should be asking is if Canada allows homosexual couples to divorce, an issue which did occur in the past. (Look it up.)

      I don't believe they do. Without being more specific, I can't possiblly attempt to lookup your example.

      Strawman, and also unrelated. The example I originally gave was not an arbitrary holding, it was an arrest involving a common criminal that developed a pattern of committing crimes.

      Not unrelated, it's at the heart of the matter. Dentain != arrest. One implies being held without reason, the other implies that charges are forthcoming. Of course someone arrested for a crime should be held; that's not what you were implying, you were implying the police could continue to hold someone without cause. So please explain to me what specific law you are refering to, since kids ALREADY can be charged in Canada, I assume.

      If you believe that clause allows said totalitarianism, it's a moot point since any political party that gains power can easily change the constitution with enough support.

      I assume it's also more difficult to change Canada's constitution than to pass one of these "nonwithstanding" laws. Is that a fair assesment? Otherwise, what is the point of the law?

      Unlike an actual slippery slope, the clause doesn't create a massive window for the government to randomly and permanently seize power. Even the temporary laws passed under the Emergency Act are just temporary, even when the scope of a reasonable limit is increased.

      Yes it does. Did you read the clause? The legislature can choose to renew the law indefinitely. So long as every five years they choose to do so, they can keep a law in direct violating of your rights.

      Unlike the US, Canada is not a one-party system. Parties have been destroyed in the past and were no longer recognized as an official party within parliament. Furthermore, parties have been divided as well because the opposition party felt it was more important to hardline party members into a specific position rather than trying to maintain clout. Those twelve members showed that they can easily create their own political party.

      Yes, the same can be said of the US a few hundred years ago. What's your point?

      It's the exact reason such laws expire after 5 years. If the previous party pushed something like that through, they'll have trouble getting it through again with only two seats in parliament.

      Until a party decides that the right to vote needs to be suspended for some reason.

      Where did you get the idea where trampling rights of Canadians don't get review? It's done by the backbenchers that are being told by the party leaders that it needs to be done, since usage of those clauses attracts a lot of attention. As you know, these backbenchers are also easily replaced.

      Section 33, subpart 1.

      Let's not forget the implied meaning of such a section; you're rights are only valid so long as they are convient for the government. A bit of a different philosophical basis than the US constitution. Unfortunately, most Americans don't understand that philosophy either.

  46. If this passes, the US is an official police state by analog_line · · Score: 1

    Every single person in the country will be easily proven to be a criminal. If this gets passed by the Senate, the American Experiment is over and proven a total failure.

  47. Since when... by inhuman_4 · · Score: 1

    Since when was it acceptable for democratic governments to secretly sign treaties?

    This is just plain bullshit. Democratic governments are supposed to be open, and take public opinion into account. How the hell are people supposed to have an informed opinion when the government is running around doing stuff behind closed doors?

    Oh and we Canadians just found out that our Foreign Minister is steping down (getting the boot) for:
    1) Leaving classified documents laying around.
    2) Dating a woman with links to organized crime.
    3) Publicly humiliating us over the helecopter thing.

    The current Canadian government is starting to look less and less like a government, and more and more like a gaggle of ass clowns.

    (Oh did I mention they are under investigation for suspitious money transactions during the elections?)

    1. Re:Since when... by joocemann · · Score: 1

      If this was a secret, you wouldn't know about it.

    2. Re:Since when... by will_die · · Score: 1

      It was hardly done in secret and it has not been signed, this was a kdawson story so you have to take that most thing you read are incorrect.
      A quick search of finds lots of articles about it such as one from the Canadian Office of Forgein Affairs done back in 2007.

      They even have a page with contact phone numbers and email address were you can tell them what you think; be smart not your standard /. comments.
      If this was a secretly done treaty then what do they do for ones done in public?

    3. Re:Since when... by Cro+Magnon · · Score: 1

      The current Canadian government is starting to look less and less like a government, and more and more like a gaggle of ass clowns.


      Yeah, but there's nothing secret about that.

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
  48. An agreement is not a treaty by phiz187 · · Score: 1

    This seems like a desperate push by the republicans in congress and the Bush administration to impose more Intellectual Property laws. Note, that as an "international agreement, it bypasses the Constitution's treaties process. That is, it does not need to be presented to Congress and voted on. See http://en.wikipedia.org/wiki/Treaty#United_States_law

    The odd things is that this is going to have a chilling effect on crossing borders and visiting other countries. People are not going to want border agents going through their data, because it is intensely private stuff. Family pictures, financial statements, personal medical records. Consider also, that there has so far been no disclosure as to how the border agents in the various countries will be storing and securing your data.

    --
    Pretend I said something meaningful or insightful here.
  49. AAC format by Simonetta · · Score: 2, Interesting

    "How would border guards be able to tell an illegal song on an iPod"
    If it's in the AAC format with Apple's Fairplay DRM - which they license to nobody and all that.. then it's probably legit.


        It's pretty unlikely that any border guard is going to be checking the format of any random song on any random traveler's iPod. Most will most likely happen in the worst case is that the border crosser will have to get a 'certificate of compliance' from a record store or Apple store. You'd bring your iPod to the Apple store, they'd run a check of the DRM on all the songs, seal it somehow (maybe in a plastic bag), and then give you a 'certificate of compliance', all at a hefty Apple fee. You would show this to border guard. They might or might not let the iPod through. They might or might not let you through. You might have to pay a supplemental fee (in cash of course) to get either you and/or your iPod through the border.

        Then you would do all the same routine on your way back home.

        Please don't tell me I'm crazy. My friends and I have had a lot of experiences with the US/Canada border and the meatheads in uniform who work on it. Nothing is too weird and crazy to not be true. Especially now.

        One thing that may develop is a program that takes standard MP3 songs and reformats them into the Apple configuation, along with the Apple DRM signatures on the files and reloads them onto your iPod. Everything is now 'legal'.

        My gut feeling is that the Border guards will just start charging an iPod fee of $50 or so to bring your iPod across the border. Then the Border Patrol will work out a certain percentage of this fee that would go to the American RIAA, a percentage to the Canadian RIAA, and a majority of it kept by themselves for adminstration costs.

    1. Re:AAC format by digitrev · · Score: 1

      Ahh, how I wish you were crazy. Sadly, yesterday's paranoia is today's reality.

      --
      Cynical Idealist
  50. Sheesh sounds like a conspiracy theory made real. by Anonymous Coward · · Score: 0

    The Americanization of Canada continues.

    And if you want to put a even more interesting spin on it, this information only came out a little while ago. Now suddenly the Foreign Affairs Minister that would have been part of the Canadian side of this treaty is resigning, and the Trade Minister is taking over. The only one we haven seen any movement from is the Heritage Minister. http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080526/harper_bernier_080526/20080526?hub=Canada&s_name=

    Its like a really bad shell game except your trying guess were the nut isn't.

  51. OK, kids by symbolset · · Score: 1

    I bought repealcopyright.com. I'm going to need some suggestions for site software and some volunteers to admin the thing.

    Let's get on it. Who's in?

    Replies here for suggestions, touch the obvious gmail for access.

    --
    Help stamp out iliturcy.
    1. Re:OK, kids by Chris+Acheson · · Score: 1

      Sounds like a good idea. "abolishcopyright.com" is available too, if you want to grab it.

  52. For goodness sake's... learn to play music by Simonetta · · Score: 1

    If the so-called guardians of our culture all decide to go bat-shit crazy over who 'owns' a musical recording, then the best thing to do is to learn to play music yourself. Learn to read music. After all, you learned to read English, you learned C++, you can learn to read music if it's so important to your life.

        Remember the scene in Amadeus where Salliari picks up one of Mozart's score from the piano; looks at it and says 'it started like a rusty squeezebox, and then, from heaven, a beautiful oboe note appeared, took a melody, and transformed into a glorious clarinet'? He was looking at the musical score and hearing it in his head. Now, That's reading music!

        If you get to the point where you can do this and actually play on a musical instrument what you see on the sheet music or what you remember from all the other times that you played a song, then it doesn't matter if some pig cop steals your iPod. Because he can't steal your music. It's in you, it's a part of you.

    1. Re:For goodness sake's... learn to play music by Cro+Magnon · · Score: 1

      Unfortunately, the last time I tried singing at the airport, I got arrested for terrorism.

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
  53. Land of The Slave - You're All Fucked by Anonymous Coward · · Score: 0

    Every day another law is passed,
    News of evil terrorists in the shadows,
    More FBI powers,
    More RIAA penises getting harder,
    More Microsoft corruption,
    More "You gotta have Microsoft anus plugger version one point oh to run this mafia proprietary content",
    Massive jailings of non-violent drug offenders to be violently sodomized and beaten,
    Rising gas prices and oil execs mastubating over their profits,
    Bloated corporations reducing quality of service while increasing profits,
    More drones launched into the air to scout for flowering weeds,
    More DEA telling you to keep an eye out for marijuana (wouldn't want medicine to counter the corrupt big Pharma) when hiking,
    It is all BULLSHIT. It never ends!

    The cattle people just take it -- take it -- take it!

    Is there an end to this madness in sight, will people ever come together? With the world growing ever worse, shouldn't marijuana be legal AND mandatory as Bill Hicks suggested?

    Someone needs to cross Kudzu with Marijuana so we'll all be stoned and wake up from the haze of this toilet world.

    Why does the majority continue to take it up the ass? Why do we remain divided?

    1. Re:Land of The Slave - You're All Fucked by mrbluze · · Score: 1

      More DEA telling you to keep an eye out for marijuana

      Marijuana is a pretty hopeless drug really. Too many side effects and not even much good as a recreational drug.

      But apart from that I'm with you, except a popular uprising is too bloody and I think the evildoers need to be removed a bit more selectively.

      --
      Do it yourself, because no one else will do it yourself. [beta blockade 10-17 Feb]
    2. Re:Land of The Slave - You're All Fucked by mrbluze · · Score: 1

      ..the evildoers need to be removed a bit more selectively. .. and hopefully without so much killing as is typical of revolutions.
      --
      Do it yourself, because no one else will do it yourself. [beta blockade 10-17 Feb]
  54. Counterfeiting? by KDR_11k · · Score: 1

    I thought counterfeiting also requires the attempt to pass the copy off as the real thing? I think it's another "OMG LOOK HOW EVIL THEY ARE" redefinition, in terms of copyright infringement counterfeiting would be people selling bootlweg GBA carts or fake CDs, not just downloading material on their cellphone.

    And hell, if you only have the device how do you show that the copies were not allowed? Will they just assume that it's always copied if it doesn't sound like total garbage and that it couldn't possibly have been created by e.g. ripping your own CDs?

    --
    Justice is the sheep getting arrested while an impartial judge declares the vote void.
  55. Can you elaborate on this? by Simonetta · · Score: 1

    Can you elaborate on this? Maybe some links or tips. I realize that an open Slashdot forum is the worst possible place to go into any detail about this subject. But millions of us need this service and are completely in the dark about to go about getting it. Any further input or comment would be appreciated.

    Thank you.

    1. Re:Can you elaborate on this? by s7uar7 · · Score: 2, Informative

      I don't know if this is what you're looking for, but Swiss VPN offer PPTP VPN for $5/month. I can't vouch for the service as I haven't used it, but the price looks good.

  56. "information based economy" my .com arse by plasmacutter · · Score: 2, Insightful

    This idea of selling bits is a dot-bomb era fallacy, much like the 99.9% of business plans during hat time which failed, and which you seemingly have bought into.

    Cory doctorow does a good job of tearing this apart in this talk

    Copyrights are imaginary, they are a concept which anyone can readily ignore, and which those with current military parity DO ignore (china, russia).

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  57. Re:Consuming child porn by zmollusc · · Score: 0

    The gov should encourage distribution of child porn on P2P! The $multi-trillions of losses that the porn producers would suffer due to pirates copying their works over the intarwebs would put them out of business.

    --
    They whose government reduces their essential liberties for temporary security, receive neither liberty nor security.
  58. Eroding your right and your belief in the system.. by msimm · · Score: 1

    Maybe the point isn't to stop copyright infringement at all but to extend their rights to detain and harass citizens.

    What's to truly discourage an individual politician from enacting these kinds of abuse if the worst that can happen is the laws later get repealed? In democracy where's the disincentive for corruption?

    --
    Quack, quack.
  59. The one thing I learned in American History class. by Anachragnome · · Score: 1

    Those not willing to fight for their rights do not deserve them.

    But, as age tempers me some, I've revised that thought.

    Those that would wish to deprive me of my rights deserve to be fought.

  60. This is madness! by Anonymous Coward · · Score: 0

    Madness? This... is... Canadaaaaa!

  61. Re:Perverse logic to this Intellectual Property st by anythingwilldo · · Score: 1

    don't know - don't fucking care.

  62. Re:If this passes, the US is an official police st by BiggerIsBetter · · Score: 1

    Every single person in the country will be easily proven to be a criminal. You don't think that's the whole idea?
    --
    Forget thrust, drag, lift and weight. Airplanes fly because of money.
  63. Do download kill people? by gilesjuk · · Score: 1

    The media giants seem to think that downloads are more important than terrorism, drugs and firearms.

    If only those crimes were treated with the same amount of severity by the politicians.

  64. Re:Eroding your right and your belief in the syste by hacker · · Score: 1
    "Maybe the point isn't to stop copyright infringement at all but to extend their rights to detain and harass citizens."

    Nobody has a "right" to detail and harass citizens (or non-citizens for that matter). Anyone trying to convince you of the contrary is simply pursuing their own illegal agenda. At that point you have to step back and wonder what that agenda really is.

  65. Re:You mean the country that the baby boomers buil by TheLink · · Score: 1

    Russia isn't in such a great state.

    I don't really think it's your grandfather's fault anyway. It's probably your parent's generation who are ruling the country at the moment.

    But given it's a democracy (of some sorts) it's the voters and the voting system...

    --
  66. A quote from Inherit the Wind seems dead on here by Jim+in+Buffalo · · Score: 1

    "I say that you cannot administer a wicked law impartially. You can only destroy. You can only punish. I warn you that a wicked law, like cholera, destroys everyone it touches -- its upholders as well as its defiers."

    The cops and border guards will have an irresistible temptation before them. Your little nephew wants an iPod for Christmas? Don't bother buying one, just confiscate the first new-looking one that you see sitting in a car coming over the border. Welcome to the Third World.

    I guess the thing to do would be delete all music from the iPod before hitting the border, and then afterward put it all back on. Maybe have it backed up on a couple of DVD-Rs stashed in the trunk.

    --
    This sig, aah-ah, is comin' like a ghost-sig...
  67. US Customs by yabos · · Score: 1

    When you go to the USA you have to go through US Customs and I doubt they'd respect any Canadian Charter of Rights and Freedoms acts. That's the big problem IMO. But also, I don't see how they can reasonably test for this anyways without holding up all the people at the border.

  68. And the saddest fact of all is... by Sun.Jedi · · Score: 1

    American voters cannot vote these idiots out. There is a line of party idiot miles wide just waiting to step in and 'get their piece' of the American political pie.

    Lobbyists suck.

  69. Re:Sheesh sounds like a conspiracy theory made rea by gabrieltss · · Score: 1

    No it's more like faster moves to the North American Union. If those of us who are Pro 2nd Amendment don't start seriously considering taking our government back by force we may not HAVE a 2nd Amendment to do it with soon. It's obvious voting doesn't do ANY good! We still get the same corrupt whores in government!

    --
    The Truth is a Virus!!!
  70. Hm... by augi01 · · Score: 1

    I'd be interested to see what they will use to determine whether or not the music/movies in possession are illegal. Anyone know of any "illegal identification" tools? Let us assume also that the filetag doesn't read, "Illegal_Metallica_Song_From_Torrent.mp3".

    --
    No yesterday, no tomorrow, and no today.
  71. Googlebomb ACTA by sphere · · Score: 1

    I did a quick search on ACTA in Google and the Act wasn't in the first five hits. I think this needs to be remedied.

    --
    Deep in the ocean are treasures beyond compare; but if you seek safety, it is on the shore.
  72. Re:Perverse logic to this Intellectual Property st by Anonymous Coward · · Score: 0

    Yes, and me without my mod points. Oh well, once I get more, I will come back and mod all this crap down, or the most recent crap.

    Guess what, I have absolutely no affiliation with Microsoft. And there are obviously many more like me. I'm just a random slashdot user sick of all twitter's crap, so when I get mod points, I help yet another of his accounts go in to negative karma. I never used the mod points for years anyway except when something really deserved them.

    Guess what else... There are more like me. There is no conspiracy. Just a bunch of random individuals who read slashdot and have gotten annoyed at the insanity enough that they use their mod points to do what should be done in the cause of zealotry to the point of blatant falsehood.

  73. Re:You mean the country that the baby boomers buil by kilgortrout · · Score: 1

    I've got some news for you too - you are going to get old and die as well. And, oh yes, almost forgot - those kids you plan on having some day - after busting your ass to feed and clothe and educate your children for 25 years of your life, they will grow up to hate and resent you and wish you were dead. You will also have to listen to their brain splitting lack of logic as they complain about how much harder they have it and how "It's not fair". This routine pretty much runs like clockwork in every generation so I though you might want to know what's in store for you. Have a nice day.

  74. Mod parent insightful by Nursie · · Score: 1

    Only terrorists use encryption.

    Only terrorists modify firmware.

    Only terroroists have something to hide.

    Only terrorists use Archos...

    Whils that last one is flippant, I can see it getting that way in the minds of the minimum wage monkeys at airports.

      "what, you're not using apple? you're either a cheapskate or a vagabond"

  75. Corporate data? by Nursie · · Score: 1

    So I'm a frequent (ish) traveller for $HUGE_CORP, the logical upshot of this is that no data travels with you anywhere.

    If I'm crossing the border of one of these countries then they can take any data a storage device, copy it and then do pretty much what they like with it.

    Like (and this has happenned with corporate communications, I'm looking at you USA) pass it on to $COUNTRY's local competition to $HUGE_CORP.
    So we already don't travel with sensitive data if we can, but this would mean keeping the company laptop as simply a remote comms device and hoping that wherever you are there's good net conectivity. Otherwise you risk compromising the company.

    Good work RI/MPAA, you've not only pissed off the citizens, but made my professional life more difficult too.

  76. Binding precedence by CustomDesigned · · Score: 1

    So you are saying our liberty ultimately hinges on the binding precedence of "or" vs "of"? I.e., is it "(the Constitution) or (laws of any State)" or is it "the (Constitution or laws) of any State". In my 49 years as a native English speaker, "of" has always taken precedence over "or". But maybe things were different in the 1700's.

    1. Re:Binding precedence by cpt+kangarooski · · Score: 1
      Well, let's look at the Supremacy Clause:

      This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

      First, it only grants supremacy to treaties made under the authority of the United States, which is to say, under the authority granted in the US Constitution to begin with. Treaties that directly contravene the US Constitution would be outside of the United States' authority to begin with.

      Second, the part of the clause after the semicolon is directed at state judges, who under the previous government, tended to put their state first, and the United States second.

      Third, whenever the US Constitution refers to itself, it uses the phrase 'this Constitution,' as you can see at the beginning of the clause. This gives credence to the argument that the phrase 'the Constitution' (which is only used here, and in the precise wording of the Presidential oath of office, where it wouldn't make sense to use 'this') refers to state Constitutions.

      Fourth, English is really not as formal as you think, and certainly wasn't in the late 18th century. AFAIK there is no formal order of operators in our language. At most you can say that the wording used is awkward, but it's certainly valid as is.

      Fifth, the bad interpretation of the clause would contradict the amendment process set forth in Art. V, which implies that it is an incorrect interpretation.

      Sixth, if it were so, you'd think it would have come up in the past. Government officials often run into parts of the Constitution that they find inconvenient. If they could have circumvented them with a mere treaty, why haven't they ever done so?

      Seventh, outside of people who read 200+ year old legal documents written in a highly dynamic language, and with no particular knowledge of the context in which it was written, or how it has since been interpreted, and who don't bother to look it up, but just blithely assume that their initial reading is the correct one, no one seems to have trouble understanding this. For example, in Reid v. Covert, the Supreme Court said:

      There is nothing in this language which intimates that treaties and laws enacted pursuant to them do not have to comply with the provisions of the Constitution. Nor is there anything in the debates which accompanied the drafting and ratification of the Constitution which even suggests such a result. These debates, as well as the history that surrounds the adoption of the treaty provision in Article VI, make it clear that the reason treaties were not limited to those made in "pursuance" of the Constitution was so that agreements made by the United States under the Articles of Confederation, including the important peace treaties which concluded the Revolutionary War, would remain in effect. It would be manifestly contrary to the objectives of those who created the Constitution, as well as those who were responsible for the Bill of Rights -- let alone alien to our entire constitutional history and tradition -- to construe Article VI as permitting the United States to exercise power under an international agreement without observing constitutional prohibitions. In effect, such construction would permit amendment of that document in a manner not sanctioned by Article V. The prohibitions of the Constitution were designed to apply to all branches of the National Government, and they cannot be nullified by the Executive or by the Executive and the Senate combined.

      There is nothing new or unique about what we say here. This Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty. For example, in Geofroy v. Riggs, 133 U.S. 258, 267, it declared:

      The treaty power, as expressed in

      --
      -- 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.
  77. MOD PARENT INFORMATIVE by CustomDesigned · · Score: 1

    This was a most enlightening reply to my post. Apparently, I am not the only one to have read Article 6 the way I did - but there is court precedence for a less disturbing interpretation. Which is some comfort, anyway.

  78. not hollywood by visible.frylock · · Score: 1

    'If Hollywood could order intellectual property laws for Christmas what would they look like? This is pretty close.'

    No, not really. I wouldn't think *AA cares about this too much. They're not dumb, they know this is horribly inefficient at actually catching infringement. No, Christmas for them is more pervasive DRM. Trusted Computing is more their brand of legislative heaven.

    No, this sounds like fun more for law enforcement orgs than hollywood.

    --
    Billy Brown rides on. Yolanda Green bypasses Gary White.
  79. Re:You mean the country that the baby boomers buil by Timothy+Brownawell · · Score: 1

    No one on this planet has the same entitlement mentality as United States baby boomers. No one. Have you ever spent time around spoiled children?
  80. Simple Solution by Anonymous Coward · · Score: 0

    Somebody should tell Steve Jobs to use his political power to try and stop this bill. Forget any fancy techniques, the passage of this bill will simply result in many trading in their iPods, iPhones for cell phones that play music using a sd card. When you get near a border simply simply pop out the sd card and hide it, very easy to do. Fascists fail.

  81. No parliamentary approval? by TheGarggh · · Score: 1

    Why, as the article states, do federal trade agreements NOT require parliamentary approval?

  82. Re:You mean the country that the baby boomers buil by jefu · · Score: 1

    I'm a baby boomer and I respectfully disagree.

    Firstly, you cant judge a "generation". (And yes, I've read this.) You can only judge the individuals in that generation. And while I can see differences between people my age and those younger (and older) I don't know that I see the kinds major differences that would justify the kinds of contempt and scorn for baby boomers that the posts here would indicate.

    Yes, I protested the Vietnam war, spent quite a bit of time reading about the history of French Indochina, and took a perfectly legal student deferment until the draft lottery spun my way. Criticizing that while the Iraq fiasco is underway would be hypocritical (unless you're in the army now yourself).

    I smoked some weed and while I don't indulge any more I fully support tossing the ridiculous war on drugs down the toilet - but don't blame the boomers for that - it predated us by quite a while and was further intensified by Nixon and his friends - and most boomers were not old enough to vote for them.

    I've advocated environmental laws for years and most of the SUVs I see around here are driven by 30 somethings and younger.

    As for the war on terrorism, that may well have been instituted by people in the baby boom generation, and if you like, I apologize for the idiots who happened to be born around the same time I was who pushed it on us. But the militaristic mentality that really produced it is much more a product of the folks who fought in the second world war and built up the massive defense industries that are a major problem in the US.

    I could just as easily heap scorn on the generations I see following me, but I don't think it is particularly meaningful and I don't think it is helpful. You want to change things? Great! I'll do what I can to support you. You want to be a "nattering nabob of negativity"? Thats fine too - but it doesn't translate to anything more than blogriping.

  83. Time for some clever encryption by forrie · · Score: 1

    If we could design some clever encryption mechanism to hide and restore content, such as using a TrueCrypt hidden container, with a few "legitimate DRM-managed tunes" visible, they'd not be able to detect it.

    The trouble would be hacking the iPod OS, etc.

    Either way, clearly this is where we come up with more clever tools to manage our private information and content.

  84. No infringing music will be found from Canada by AlexVye · · Score: 1

    According to the Canadian copyright act, copying music for private use is not infringing:
    ================
    Copying for Private Use
    80. (1) Subject to subsection (2), the act of reproducing all or any substantial part of
    (a) a musical work embodied in a sound recording, ....

    (2) Subsection (1) does not apply if the act described in that subsection is done for the purpose of doing any of the following in relation to any of the things referred to in paragraphs (1)(a) to (c):
    (a) selling or renting out, or by way of trade exposing or offering for sale or rental;
    (b) distributing, whether or not for the purpose of trade;
    (c) communicating to the public by telecommunication; or
    (d) performing, or causing to be performed, in public.
    ====================
    Since the treaty only concerns infringing content, and by definition no musical content from Canada is infringing, as long as it's for personal use, no ipods/cell phones/etc should ever be seized or searched. Unless of course, you plug your ipod into some speakers and give a live performance that you charge admission to, or rent your ipod to someone.

  85. Re:You mean the country that the baby boomers buil by Anonymous Coward · · Score: 0

    I blame the estrogen in the water supply!

  86. Yay! by TheFrozenFire · · Score: 1

    I want to go to Canada after I went to the USA with my DeCSS shirt! Three times, one time with music that is obviously pirated/youtubed, one time with bought unprotected mp3s/ripped mp3s from CD, and one time with the pirated files hidden with steganography. :)

  87. Homegrown Mary... wait.. MP3's. by mitcheli · · Score: 0

    So what exactly does an illegal downloaded MP3 on an iPod look like? And can a Canadian boarder guard tell the difference between that and one that was ripped at home with a legitimate CD and encoded using LAME? Sounds like a novel (tougue in cheek) approach to cracking down on illegal file swapping, but something inside me thinks the idea is fundimentally flawed. Meanwhile, somewhere else in the city.... NiN's made 900K on the release of With Teeth under a recording contract through traditional music distrobution systems. ... They made 1.6M with Ghosts I-IV released under Creative Commons on their website a month ago. ... Food for thought.

    --
    Select from tblFriends where interesting >= 4;
  88. The ignorance of youth by sm62704 · · Score: 2, Insightful

    The baby boomers built the country? Please! They were sitting around protesting, free-loving, and smoking dope while their parents and grandparents actually built what we have today. No one on this planet has the same entitlement mentality as United States baby boomers. No one.

    I thought that WE had little respect for our elders, but you punks take the cake (and eat it too). We didn't "sit around protesting", we marched around protesting. And what we protested was what the previous generations had fucked up.

    We were being drafted to be cannon fodder for a useless war. Some of us volunteered for that useless war out of patriotism (I did). The protests finally eneded thath war. Meanwhile you little whiners are too busy chasing filthy lucre and getting your nipples pierced and foreheads tattood to care that an oil man becaise President and started a useless war for the sole purpose of enriching himself. At least my dad's generation's rich people who starte dthe Vietnam war thought )prehaps correctly) that they were fighting communism, a laudible goal to them.

    My generation's protests stopped the war and made the President resign. Where are your protests of the Iraq war? Your stupid generation doesn't even have to be drafted!

    Some of us protested the rape of the environment. We got the Clean Air act and teh Clean Water act passed. We got CFCs banned. What are you gutless wimps doing about global warmning? Buying SUVs!

    My generation built sna is still building houses, like the one you live in. The parts of the electrical grid my dad din't build were built by those who followed him.

    My dad's generation invented computers, but my generation pur those giant building sized machines on your desktop. My generation put VCRs and CDs and DVDs on the narket. My generation made the entire cell phone infrastructure.

    My dad's generation smoked cigarettes. My generation smoked pot. Your generation smokes crack.

    Your generation uses my generation's music in their fucktardedly stupid commercials. Neither my nor my dad's generation did that.

    My generation was pretty ignorant of history, but we were pikers when it comes to your generation.

    What has your generation done, except invent internet trolling?

    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    1. Re:The ignorance of youth by Grishnakh · · Score: 1

      Your generation protested Vietnam, but now that it's the largest voting bloc in the country (remember, the subsequent generations are smaller, not larger), it voted FOR the Iraq war.

      I think your generation is a bunch of hypocrites. Plus, it's so greedy and is so bad at parenting that it created very screwed-up following generations.

  89. Talk about a bad idea. by Anonymous Coward · · Score: 0

    1: Rampant piracy makes ownership of IP moot
    2: Japanese, Saudi, or Chinese businesses dump their bonds.


    And China starves in five years. You forgot, the US is the largest net exporter of food.

    I'm also quite sure that if the Japanese, etc. dump their bonds than the collateral damage will be worse than the damage they will do to the US.
  90. Re:You mean the country that the baby boomers buil by sm62704 · · Score: 1, Flamebait

    The baby boomers are (were?) a bunch of dope-smoking draft dodgers that have run this country into the ground while their parents wonder why exactly it is that they fought World War II, since they just ended up living under authoritarianism anyway.

    My grandad's generation smoked cigars. My dad's generation smoked cigarettes. My generation smoked pot.

    Your generation smokes crack.

    You have to have a draft in order to dodge that draft. Fifty thosand boomers DIDN'T dodge the draft and died in that godforsaken jungle for absolutely nothing. Unless you have served in the military (and yes, I did, during Vietnam, despite the fact that I was in no danger of being drafted) you have no right to criticise anyone for dodging the draft.

    A generation didn't run the country into the ground, a class did. Your class (if you are rich) ran it into the ground with your selfish grubbing for money, with your exploitation of my friends my age and younger who do the actual work building roads, bridges, houses, cell phone towers, and everything else for you. The rich sent the jobs overseas, not the people who do the actual work. My generation isn't taking rights away, the rich of all adult generations who run things are.

    Get your enemies straight, son. While you're fighting me, your masters are laughing at you. I'm not taking away any of your rights, I'm fighting to preserve them. You employer is fighting tooth and nail to get as much of everything as he can, including YOUR RIGHTS. And you dumbass kids do your damndest to help him!

    World War Two was started by the same generation that fought World War One. People seem to forget that Hitler and Mussolini were of the same generation as Eisenhower and Truman and Patton. They wouldn't have had to fight that war if they hadn't tried to take over the world. What is your generation doing to fight authoritarianism? Mine got a war ended, protesting in person (and some dying in those protests) while yours bitches anonymously or semi-anonymously on messageboards. "The best generation?" IMO my Uncles' generation (my dad was a teenager in WWII, I was born at the end of the Korean war) was the WORST generation, not the greatest. They brought the world nuclear warfare, my generation brought it the World Wide Web.

    If you could have seen what the world was like in the 1950s when I was a child, you would appreciate what my generation has done for you.

    The one thing my generation did badly was raise you ignorant, hateful crackheads. I sincerely hope your generation does a better job of raising the next generation than mine did, because we really sucked at raising you.

    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  91. Is this the reason for it? by Anonymous Coward · · Score: 0

    It is difficult to control a group of Free men. It is much easier to control a group of Criminals. Pass a law that creates criminals and you start to control the populous.

  92. Secretly? by deathjestr · · Score: 1

    The Canadian government is secretly negotiating...

    Yes they're secretly negotiating. Nobody knows about it yet. Shhh!!!

  93. You don't know what you're talking about by mosb1000 · · Score: 4, Informative

    Those are exchange rates, not relative purchasing power.

    The exchange rate has little to do with purchasing power, since it is heavily dependent on trade. The exchange rate has gone up because the US has a trade defecit, which is flooding foregin markets with dollars. Add to this the fact that the dollar has long been overvalued, and it's not hard to understand why the exchange rate is falling. It is basically a market correction, which should utimatelly ballance out our trade defecit (as exchange rates fall, imports will decrease and exports will increase).

    Relative purchasing power must be determined by compairing some kind of price index (such as the CPI). Sorry to burst your bubble, but that's simply the only way to compare relative purchasing power. The exchange rate only effects the price of imported goods, and therefore does not say a lot about price levels in general. Especially when you consider that China fixes their exchange rate to the dollar, and all petrolium is sold in dollars.

  94. We Need Canada! by Bonzoli · · Score: 1

    We need Canada there to keep U.S. honest!

  95. Schengen? by Anonymous Coward · · Score: 0

    http://en.wikipedia.org/wiki/Schengen_Agreement

    Has this been repealed?

    So if one goes to another EU country, they will check your ipod????

  96. Mod parent up. by Abcd1234 · · Score: 2, Insightful

    This is a very interesting point, actually... under which nations laws are the legality of the copyrighted materials determined?

  97. Re:Perverse logic to this Intellectual Property st by Anonymous Coward · · Score: 0

    When will you learn NOBODY gives a FUCK about your vendetta against twitter?

    Of course now I will be accused of being twitter, so I'm not destroying my years of excellent karma by posting under my login.

  98. stolen music a serious national security threat by suck_burners_rice · · Score: 1

    Ok, so let me get this straight. In addition to your luggage, passport, and plane tickets, you'll also need to carry: Certificates of authenticity for all software on all digital devices you have, receipts for the purchase of every video, song, and other content to prove you paid for them, and official notarized letters from each of the RIAA, MPAA, and Microsoft stating that you have paid your monthly protection dues and are allowed safe passage from city to city. In addition, every human and animal on this planet should be compelled to have a brain implant that detects automatically each time that subject hears or sees any type of content, so that the actual retail purchase price can be automatically deducted from his/her/its bank account and forwarded to the appropriate organization for each instance. These implants would detect the audio or video and perform the transaction even if the person is blind and/or deaf and therefore cannot actually experience the audio or video, but was in the vicinity of said audio or video. This means that if you are walking down the street and some punk is listening to music on a boombox like they did in the 80's, or if you pull up to a stoplight and the idiot next to you is blasting his stock stereo, your bank account will be debited, even if you did not actually wish to experience the sounds produced by the aforementioned phenomena.

    Oh, and I forgot to mention one other thing. Since the border guards will be so busy checking everyone's iPods, they'll probably let another 19 hijackers from Saudi Arabia through. As long as the Saudis don't pack iPods with their box cutters.

    --
    McCain/Palin '08. Now THAT's hope and change!
  99. Re:Perverse logic to this Intellectual Property st by Anonymous Coward · · Score: 0

    hi twitter

  100. GWB != Congress by Aqualung812 · · Score: 1
    We have a Democratic majority in the US Congress. This isn't an issue I've heard on the news from our majority leaders saying "Bush will VETO if we don't pass X law for Y company".

    It takes a LOT of corrupt people to sell us to the corporations, not just one dumbass from Texas.

    --
    Grammer Nazis - I mod you "troll" unless you actually add something on-topic. Yes, I know I have mispellings in my sig.
  101. Are we a Police state now by CORRY20 · · Score: 1

    Everybody would be fined if this law passes because you can't prove anything.This would cost us a fortune.Lets worry about maybe building another bridge so I don't have to wait in traffic for hours.

  102. Conservative "Culture of Corruption" by Anonymous Coward · · Score: 0

    Yet once again, we see exactly why the "Global War on Violent Extremism" (aka The War on Terra) is, was, and always will be a completely fabricated threat, and an unprecidented scam.

    Apparently securing the borders is such a low priority that what 12-year-old girls have on their iPods is more important that "securing the borders".

    The "conservative movement" is flushed and swirling around the bowl. Can it just die and go away already? The "party of ideas" hasn't had a new one since the early 60s... and those ideas weren't anything to brag about, either. After all these decades, they still haven't explained what exactly about smaller government was supposed to be good... aside from them just saying it would be good.

    Let's ask NOLA how great the "smaller gubment" thing looks in the real world... cuz it came across more like government sanctioned ethnic cleansing. You know, the same sort of thing Bush's always-ironic rhetoric is chastizing Burma about.

  103. It's a boat, not a boot by Anonymous Coward · · Score: 0

    Them: That's it, Bob! Tase that fucker and keep his iPod! We'll show this twat what we Canadians are all a-boot!

    Look. It's a boat, not a boot.

    I think it's a-boat time US Americans finally realized that.

  104. Yeah, okay, Ms. McKinnon by marxmarv · · Score: 1

    As for your sig, child porn is far from mere thought-crime: consider the fact that by consuming it you are supporting the creation of it, and thus supporting the exploitation of children. We used to hear this moral outrage from the second-wave feminists all the time. Is porn a moral outrage or a moral outlet? (As with most instances of moral outrage, scientific study disfavors the position of the outraged.)

    Consider the unintended consequences of your lines of reasoning before you offer them. How about high fructose corn syrup? Displaying the female ankle? Sweatshop goods? SUVs? Clearly your reasoning works well in the case in point and a few other places, but I don't believe you might consistently apply your reasoning to everything without putting rather a lot of stones through your own windows.
    --
    /. -- the Free Republic of technology.
  105. Re:You mean the country that the baby boomers buil by marxmarv · · Score: 1

    If you want to find out where corporations learned the art of externalizing costs, look no further than sugar grandma.

    --
    /. -- the Free Republic of technology.
  106. Re:You mean the country that the baby boomers buil by Grishnakh · · Score: 1

    I entirely disagree. You can absolutely judge a generation, just like you can judge any group of people. Obviously, there's always exceptions to the rule, and judging a large group of people is different from judging an individual (the judgment "sticks" less, if you will, when dealing with groups). Groups of people have characteristics that they share, and can be judge on, and to avoid doing so prevents us from making valuable judgments and comparing and contrasting things. By saying you can't judge any group of people, you're basically saying "they're all good", which is ridiculous.

    You might have been against Vietnam and the war on drugs, but the vast majority of Boomers are not. Boomers are the most populous group in the US now, so while many of them may have been against Vietnam back in the 60s, I think it's safe to blame them for electing the politicians who brought us the Iraq War. Many of them were in favor of drug legalization back in the 60s, but has it happened yet even though they now have voting power? If you ask me, Boomers are a bunch of hypocrites. They wanted drug legalization and an end to stupid wars when they were young, but then they grew up and got greedy and selfish. Worst of all, the generations the Boomers have raised have been big disappointments, and all that can be laid at the Boomers' feet as well, since they were too greedy to bother staying home and raising their kids properly. You say you can easily heap scorn on the generations following you? That's your own damn fault, for your pathetic parenting skills.

    I'm not judging you as an individual, but your generation is pathetic, and you should be ashamed of all the people in your age group. For the record, as an Xer, I'm not too thrilled with my generational peers either. And as a US Citizen with voting privileges intact, I'm highly disappointed in all my fellow citizens for the way they've voted. Just because you're a member of a group (usually by birth) doesn't mean you're personally to blame for their behavior, but it is entirely valid to make judgments on the behaviors and actions of those groups, even if you're a member of that group.

  107. Re:Eroding your right and your belief in the syste by msimm · · Score: 1

    you have to step back and wonder what that agenda really is.
    Even if there isn't an agenda the results of business interests and bureaucracy on contemporary democracy seem to be division, disillusionment and complacency which increasingly works in the favor of...business, bureaucracy and of course otherwise marginalized in a more healthy ecosystem, extremism.
    --
    Quack, quack.
  108. Re:You mean the country that the baby boomers buil by Anonymous Coward · · Score: 0

    Other than - maybe - their kids.

  109. Proof... by zoontf · · Score: 1

    The claim that "if it is on your iPod but you can't produce the corresponding iTunes bill-of-sale, or a reciept, or a physical CD, or Tape, or Record, etc." still doesn't seem valid. What if I paid cash, threw out the receipt, ripped the CD, and then lost the CD? I would have made my rightful backup copy of the media, and then lost it, thus demonstrating the need for the backup copy. But now I have no proof of 'ownership' or 'right' to listen to the music?

    What if my music collection of CDs was stolen out of my car? Now I have an iPod full of music I rightfully own, but, assuming I usually pay cash, and am bad with keeping reciepts for ten-year-old CDs, I will be prosecuted as a music thief. Meanwhile, the thief that stole my CDs can walk across the border and say, "Hey man! I'm legit, look, here's my CD collection!"

    Will I be able to take a lie-detector test? Maybe they'll just scan my brain as I drive through, like a Speed-pass, to determine which songs on my iPod I paid for?

    Can we PPPlease! drop this f*cking IP stuff and move on to a more reasonable society? If it was a governemnt of and for the people, this sort of thing would have been banished a long time ago.

  110. Orwellian... by ConceptJunkie · · Score: 1

    The very idea of this is as ludicrous as trying to outlaw particular thoughts... oh, wait, they're already doing that with Hate Crime Laws.

    We are so screwed.

    --
    You are in a maze of twisty little passages, all alike.
  111. Legal precedent by CustomDesigned · · Score: 1

    Thank you. That was more than I wanted to know (but still interesting). But the simple take home lesson for laymen (from your post and others) is that the question has come up (and I am not the first to mistakenly or deliberately make the treaty trump card interpretation - it seems to come up "regularly"), and the courts have so far decided that treaties are on the same level with federal law, and do not trump the federal constitution.

    Does this mean that someone could challenge a treaty on the basis of constitutionality?

    1. Re:Legal precedent by cpt+kangarooski · · Score: 1

      Does this mean that someone could challenge a treaty on the basis of constitutionality?

      Yes, and such challenges have cropped up before, IIRC. I know that some have been upheld, but I don't know enough about the subject to know whether any have been overturned on that basis.

      --
      -- 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.
  112. Re:Explain paintings and the history of art. by davolfman · · Score: 1

    You seem to have forgotten the existence of prints. Many artists in this day and age make money through prints in larger quantity and lower price. Photographers essentially make all their money this way.

  113. How do you tell a counterfeit song on phone/ipod? by lpq · · Score: 1

    Can someone tell me how one discerns what songs on a telephone or ipod are counterfeit?

    More so -- how would border guard be able to discern this by "looking" at the iPod?

    Don't some of these devices store 60GB? or enough to hold 10's or 100's of thousands of songs?

    They are gonna somehow 'search' through these while people stand in line at customs?

    Um...something doesn't add up. I don't see how this is even close to being technically
    feasible...?

    Could someone explain this? Sounds like Reagan's Star Wars missile shield program back in the 80's.....and we all know how well far that got...

    What makes anyone think this 'initiative' or treaty could get off the ground -- or is this another
    bullshit US law to selectively apply to whoever they wanna make trouble for?

    "I'm sorry, I'd like to see the receipts for those songs in your iPod..."....

    Uh....

  114. Re:You mean the country that the baby boomers buil by riondluz · · Score: 1

    I take exception, like the previous respondent, I want you to know that baby boomers comprised nearly 30 million people, of which the majority were and still are mindless savants of the System.

      That said, the smaller minority of boomers, like myself, were and still are the most active participants in the trenches of the anti-establishment, anti-corporate movement; whether it be in the streets or in unions or typing into some blog in the remote hills of vermont. Those 'boomers' who discovered, 40 years ago,
      painfully and at personal cost, how untrustworthy and mendacious the system is: the military, the government it serves and the corporations/banks our leaders suck up to, remain faithfully in the trenches of radical activism.

    Unfortunately, you paint with too broad a brush:(

    --
    resist propaganda
  115. Re:You mean the country that the baby boomers buil by riondluz · · Score: 1

    Dont get caught up in your grandfather's mythology! It was their generation that also perpetuated those policies that have put us where we are today.

    The boomers ended the vietnam war, pushed civil rights thru legislation, oh WTF,
    the list goes on an on.
    Boomers were not in political power in the 70's (war on drugs), or in the
    80's of 'Reganomics', iran-contra, S-n-L scandal, etc... It was your grand-parents generation that was calling the shots, not mine.

    Look who maintains true power today, the boards of the Carlyle Group, the Banks,
    the Investment houses: all 70-somethings who, if not of the WWII generation, were certainly not boomers.

    Yes, boomers were raised self-indulgent, not too unlike the 'millenials' or
    the gen-X'ers today. But they were also the ones who heeded the call of
    "ask not..." while clinging to the idealistic notion that they could
    make the world a better place.

    --
    resist propaganda
  116. it's a test by xmvince · · Score: 1

    What's next? Everyone's house gets searched for drugs? The government is just testing how far they can go.. WE have to fight back and let them know that this is pushing us too far.

  117. Re:You mean the country that the baby boomers buil by rootooftheworld · · Score: 1

    WTF? nicotine and cigarettes in particular are the worst drugs EVER. more cardiotoxic than crack, more adicting than opiates (read heroine) otherwise cocaine in VERY moderate doses, say 10-fold less than todays normal is better than coffee weed doesnt afect driving skills, and is neuroprotective, so it beats alcohol hands down also, in combo with opiates should 0-out tollerance "druggies" are people who value their health and quality of life, but the governmant ruins it all also its not the generations that fuck up everything, its persuasive moralists from them become polititians.

    --
    I know full well that tobacco is bad for you, so I smoke weed with crack
  118. this is how they will enforce this. by Anonymous Coward · · Score: 0

    "Do you have any pirated music?"

    It's sort of like immigration - (true story)

    Border agent steps on the bus
            Agent: Is everyone here a US citizen?"
            Passengers: Yes
            Asian chick: F*ck! I forgot my green card
    Everyone slumps forward

  119. Re:You mean the country that the baby boomers buil by sm62704 · · Score: 1

    The statement "my dad's generation smoked cigarettes, my generation smoked pot and the younger generation smokes crack" was meant to be a humorous jab. I was a butthead for 30 years. Stopping was the hardest thing I ever did (I chronicled my addiction and subsequent soppage a few years ago, google "how to quit smoking cigarettes" and it's still on the first page of results; it was a K5FP article) .

    As to "more addictive than heroin", when I was in Thailand in the USAF in 1974 they had PURE heroin, over 99% pure (compared to the 2-5% in the US today). Every GI I met there abused something; we white first termers (mostly) smoked ourselves unconscious with that killer Thai stick (pot), lifers (mostly) stayed drunk in the NCO club when off duty, and the black first termers (mostly) smoked "rails". I say "mostly" because it wasn't universal; lots of black guys smoked pot, for instance.

    To make a "rail" you took a Kool cigarette and loosened the tobacco, shaking much of it out. You then removed the filter, tore it in half lengthwise and reinserted it. You then dipped the tobacco end of the Kool into your 100% pure heroin and smoked it.

    Some of these guys never smoked anything at all before going to Thailand. I met a few after returning to the states, and not a single one was still on heroin. However, every single one still smoked Kools!

    A hooker I know is addicted to both crack and alcohol, and she's been through rehab a few times and tells me the alcohol addiction is worse than the crack addiction.

    IMO no drug (except perhaps antibiotics) should be illegal.

    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  120. Never underestimate by symbolset · · Score: 1

    This is an ancient IT adage.

    Never underestimate the bandwidth of a station wagon full of media.

    History is important too. Learn it. A station wagon crossing the Canadian border full of 1TB drives has more than 1^32Bps. You could fit every album ever made in the glove compartment, and every movie ever published by Hollywood in a box on the passenger seat. Bollywood could fill the passenger seats and there would be plenty of room left in the cargo area for all of the PrOn there is. It might be a bit tight for the PrOn, but that's not a bad thing ;-)

    --
    Help stamp out iliturcy.