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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.'"

83 of 390 comments (clear)

  1. 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 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.

    3. 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.

    4. 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.
    5. 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.
  2. 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 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.

    4. 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.

  3. 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 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!
    3. Re:This is a little ridiculous. by Anomolous+Cowturd · · Score: 4, Funny

      Obviously not an Apple fanboy.

      --
      Software patents delenda est.
    4. 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.

    5. 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.
  4. 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 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.

    2. 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!

  5. 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 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.

    2. 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.
    3. 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.

      --
      $ :(){ :|:& };:
    4. 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
  6. 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?

  7. 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 SoulRider · · Score: 2, Insightful

      how will they manage file encryption.

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

  8. 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.

  9. 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 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.
    2. 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

    3. 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?
  10. 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.

  11. 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.
  12. 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.

      --
      Condemnant quod non intellegunt.
  13. 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.

    --
    Intellectual property was the desert property of the twenth century.
  14. 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
      --
      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

      --
      -- $G
    3. 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,

  15. 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.

  16. 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.
  17. 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 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.
  18. 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.

  19. 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.

  20. 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.

  21. 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.
  22. 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.

    --
    Literalism isn't a form of humor, it's you being irritating.
  23. 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
  24. 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.

  25. 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.........
  26. 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.

  27. 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.

  28. 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 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.

    2. 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?

    3. 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.

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

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

    5. 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.

    6. 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

  29. 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?

  30. 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 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.

  31. 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 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.

    2. 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.
    3. 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?

  32. 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.
  33. 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.

  34. "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!!
  35. 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.

  36. 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.
  37. 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
  38. 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.

  39. 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?