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PRO-IP and PIRATE Acts Fused Into New Bill

I Don't Believe in Imaginary Property writes "Senators Patrick Leahy (D-VT) and Arlen Specter (R-PA) have just sponsored a new bill, the Enforcement of Intellectual Property Rights Act of 2008, which would combine the worst parts of the PRO-IP Act and the PIRATE Act. The basic idea is pretty simple: expand the Federal government to create something like the Department of Homeland Security for IP. The Copyright Czar then polices the internet and clogs the courts with thousands of civil lawsuits against individual infringers so the RIAA doesn't have to. Feel free to contact your representatives with your feelings about this bill. Right now, they believe the bill (PDF) will 'protect jobs.'"

80 of 324 comments (clear)

  1. Protect jobs? by Ritz_Just_Ritz · · Score: 5, Interesting

    Ermm.....more likely "will protect the stream of political contributions and lobbying money from the RIAA/MPAA/etc."

    1. Re:Protect jobs? by Anonymous Coward · · Score: 5, Funny

      Yep, protect jobs. Time to become a copyright lawyer...

    2. Re:Protect jobs? by thermian · · Score: 5, Interesting

      the theory goes that if intellectual property can be protected totally, then money will be made in large amounts.

      What it actually means is that as soon as profits are assured by this sort of action we will see distribution channels becoming more powerful, taking a bigger cut, and IP owners getting a smaller piece of the pie.

      Not that it would work, no government that criminalises millions of its own citizens has done well in the long term.

      --
      A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
    3. Re:Protect jobs? by Cheesey · · Score: 3, Interesting

      How many people are in prison for nonviolent drugs offences, "crimes" that wouldn't even be illegal in a free country? You can criminalise millions of people as long as the majority has a reason to look down on them; you can prohibit anything that the majority doesn't do (or won't admit to doing).

      We can expect the War on Pirates to be the same runaway success as the War on Drugs. I think they will probably eventually succeed in forcing piracy off the public Internet, just as they forced drug dealers into the back streets. The pirating will, of course, continue by sneakernet.

      --
      >north
      You're an immobile computer, remember?
    4. Re:Protect jobs? by thermian · · Score: 5, Interesting

      in this case the criminalised group would be predominantly middle class, since that is the social group with the highest percentage of internet access.

      No-one cares if you criminalise lower class/unemployed/homeless/poor people. Really, they don't. Its amazing how little people with even a little success care about people less well off then them. It sounds cynical, but I'm only being honest. How many friends do you have that aren't in or above your social class?

      Criminalise people who are successful, have nice houses, jobs, and are otherwise highly respectable, and you have a potential storm on your hands.

      --
      A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
    5. Re:Protect jobs? by gerf · · Score: 3, Interesting

      Obviously we need another way to fun politicians then. Unfortunately, the Supreme Court gave businesses the rights of citizens, which in this case facilitates a de facto oligarchy.

      The only solution, in my mind, would be for individuals to outnumber the businesses in their influence on Washington. There are only a few ways we have of influencing our representitives: Vote, Send money, campaign. What we need is a solution that combines those traits and organizes the real populace. I.E. a popular PAC.

      What I'd like to see someone create is a website where an individual could in essence bribe their own representative by promising to donate $xx.xx if they vote correctly on a certain issue, promise that they will remember that vote (reminded by said website when election time comes), and that the general issue will be talked about/watched by that individual in the future. Imagine a House member receiving a message that they would receive $50,000 for their campaign in 3 years and that 5000 people will remember this particular vote when election times come around. Normally, they'd expect everyone to have forgotten the issue by that time, and not vote according to how the people think is best. Of course the site/PAC/whatever would have to be independent of party affiliation and open to both sides of every issue. Individuals can't be expected to watch every bill, so they'd have to be able to filter out what to watch for, and how votes are handled. Also, other PACs could use the site's infrastructure for payments or subscribing their own reviews of bills (a gargantuan effort as it is).

      This would all be akin to the Ron Paul effort, where individuals showed a great resolve. On the presidential level, perhaps that effort wasn't great enough. But imagine influencing Representatives in the House or on State levels. Truly, some gains could be made there.

      There may be something already like this, and it'd be difficult to manage, but it's the best idea I've had to correct many wrongs we've seen recently.

    6. Re:Protect jobs? by Anonymous Coward · · Score: 5, Insightful

      The truth is, there is something terribly wrong with this country.... People shouldn't be afraid of their governments, governments should be afraid of their people.

    7. Re:Protect jobs? by WK2 · · Score: 4, Insightful

      The rights of artists to their works came way before the rights of others to trample them.

      The "rights" of artists to their works came in the last few centuries. The right to share other people's stories came when Ugh first told a story about how he tackled a dinosaur.

      I guess this is the sometimes slow process of revisionism taking place, ready to wipe out any memory of all the positive effects of copyrights.

      To be fair, the *AA + gov is making it difficult to remember the positive side of copyright.

      --
      Write your own Choose Your Own Adventure. http://www.freegameengines.org/gamebook-engine/
    8. Re:Protect jobs? by Znork · · Score: 4, Insightful

      the theory goes that if intellectual property can be protected totally, then money will be made in large amounts.

      Of course, as intellectual 'property' usually doesn't involve actually making money (unless you're the mint), it's more appropriate to say that protecting intellectual 'property' means more money will be transferred to corporate accounts.

      As that money would otherwise have been spent on other things in the economy, it's most likely that the transfer of money into highly wasteful monopolistic corporations result in a net loss of jobs for the economy (not to mention a net loss of wealth for the economy as a whole).

    9. Re:Protect jobs? by strabes · · Score: 2, Insightful

      I never thought about it this way but as someone who favors decriminalization your comparison is very accurate. It's just another way for politicians to look good in the eyes of the uninformed common citizen. "I'm helping to stop piracy" is really similar to "I'm helping to stop people from using drugs." It's just targeting and demonizing a group of people who engage in questionable/unpopular activities, and using force or the threat of force to prevent them from doing their activity. The people will love you for it.

      --
      Its = possessive. It's = "it is"
    10. Re:Protect jobs? by Znork · · Score: 5, Informative

      The rights of artists to their works came way before the rights of others to trample them.

      Copyright has never been about the rights of artists. Since the seventeenth century stationers guild it's been about the right to profit by exploiting the artists and the crowns need to censor and control publication.

      Had protecting the rights of authors and artists actually mattered, rather than being used as a thinly disguised excuse to fool the gullible, intellectual 'property' would have been concerned with funneling resources to the actual artists and creators rather than securing monopolies for the holders of the rights.

      all the positive effects of copyrights.

      There are no positive effects of copyrights. As a whole they damage creativity, slow down creative derivative works, hamper incremental improvement and skew the distribution channels towards creative poverty. More talent and works are marginalized than are aided, helped and spread through the current regime.

      Don't get me wrong, there _could_ be positive effects of a system funneling money towards the creators of works and creating a financial incentive for creative work. But intellectual monopoly rights aren't that, nor have they been, nor are they going to be.

    11. Re:Protect jobs? by Adriax · · Score: 5, Insightful

      How many friends do you have that aren't in or above your social class?
       
      Ok, so you only have friends at or above your social class. Explain your friends then, or do that not count as actual people?
      They have friends below their social class, so either their slumming it cause they feel bad about you, or they, like many more americans than you care to admit are different than you, don't see social class as noteworthy.

      --
      I don't suffer from insanity, I enjoy every minute of it!
    12. Re:Protect jobs? by AftanGustur · · Score: 5, Insightful

      Yep, protect jobs. Time to become a copyright lawyer...

      Or a Jail Warden..

      It's gonna be shitty to be an artist though ..

      --
      echo '[q]sa[ln0=aln80~Psnlbx]16isb572CCB9AE9DB03273snlbxq' |dc
    13. Re:Protect jobs? by chunk08 · · Score: 4, Insightful
      I know, feeding troll, but there is a common myth which really needs to get thrashed.

      Pathetic slashdotters don't have nice jobs, houses or cars... They live on their moms' basements and download pr0n the whole day, because they are not able to create.

      Way to use a stereotype as an argument. -fail #1

      So, that is why they are so upset when someone try to put a bill in place to protect the rights of real people, that create real things.

      No, we just recognize better than most that "intellectual property" is not property at all. Property exists because of limited resources. I can't magically create a new house/car/yard for my friend just because I have one. Therefore, it can only belong to one party. Knowledge or "intellectual property" can be copied at will. So, trying to restrict it is putting a monopoly where there is none.

      Slashdotters then get crazy and begin to rant...

      Like you...

      --
      Do away with our corrupt tax code. Support the Fair Tax
    14. Re:Protect jobs? by mrchaotica · · Score: 3, Insightful

      The rights of artists to their works came way before the rights of others to trample them.

      No, they don't. What part of "to promote the progress of science and the useful arts" (which is, very clearly and distinctly, not like "to give an entitlement to artists") do you not understand?

      The sole legitimate purpose of copyright is to maximize the number of works entering the Public Domain. Nothing more, nothing less!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    15. Re:Protect jobs? by mrchaotica · · Score: 4, Insightful

      Yeah, but you didn't create the IP yet you want to control it by default.

      This statement perfectly illustrates the problem we have here: the two sides of the debate are arguing from incompatible assumptions. Right there, you just implicitly assumed that this concept of "IP" exists and was valid. However, people like me disagree on that very point! Therefore, everything you say based on that is useless.

      The fundamental question we have to answer here is "does authorship of a work create a property right?" John Locke says yes. Thomas Jefferson says no. But Jefferson wrote the Constitution, so he wins. QED.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    16. Re:Protect jobs? by Scroatzilla · · Score: 4, Interesting

      I wonder what you mean by "shitty to be an artist"? All of this IP madness is predicated on middle men looking for the next best thing to distribute that will maximize return on investment. The reason they were even able to weasel into that spot they're in is because their artistic "victims" have based their decisions on wishes to become rich and famous.

      The fact is that, particularly with music and movies since they have such high exposure these days, what is under contention is only the tip of the iceberg for consumable art/IP that is available. With the internet as a distribution center, this legal wrangling really is irrelevant to contemporary artists.

      For any artist interested in simply exposing their talents (or lack thereof), this is quite an exciting time. If anything, this has opened people's eyes to the leaky shark tank that is the true nature of Big Media, and the fact that they don't HAVE to dive into it. Business people can do a lot of things to generate revenue, but they are really bad at being creative-- today's artists are slowly realizing that the power in any business relationship is (or can be) theirs in the end.

    17. Re:Protect jobs? by Maxo-Texas · · Score: 2, Insightful

      And lots and lots of college students and young people.

      Let's destroy the country's future to protect I.P.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    18. Re:Protect jobs? by Maxo-Texas · · Score: 2, Interesting

      You have a key point...

      And highlights a lamentable loss of distinction.

      There is money and there is class.

      Today we have a lot of wealthy low class people.

      How many friends do you have outside of your wealth level?
      Personally- I have quite a few through "Meetups" for my hobbies which cut across class lines.
      I am careful to not let people know how well off I am.

      If not for the meetups and internet- all my friends would be in my same wealth class.
      The normal pattern I've seen in life is
      1) The poor envy the wealthy- ends friendship.
      2) The poor get into a crisis and want to be bailed out- ends friendship.
      3) The wealthy go do activities their poor friends can't do- ends friendship.

      Socially, I'm lower class headed towards middle class. I will never be upper class. The personal transformation I would have to go through is just too painful. I would feel like I was not me any more.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    19. Re:Protect jobs? by surmak · · Score: 2, Insightful

      Yeah, and we see how well this has worked with obama. millions donated but he still voted for telco immunity. I wonder what he values more: your campaign contributions or the slush money and support of the telco industry?

      I suspect that Obama voted for telco immunity, not because of any campaign contribution coming from AT&T and their ilk, but rather due to the brainwashing that the population has been exposed to in the post 9/11 paranoia. Had Obama voted for the immunity, the conservatives would have been able to paint him as soft on terrorism, in what already appears to be a very close election.

      It really pains me to see how the population as a whole is willing to sacrifice the constitutional rights of everyone, for the sake of feeling safe. This is one area that the "Law and Order" types always seem to win the hearts and minds of the majority of the people. For the most part, it seems that for the most part: white, middle class folks (of which I am one) do not see any of the recient injustices coming out of Washington as effecting them, and so they are tolerated, as long it is only them (e.g. someone else) that are victimized by overzealous government.

    20. Re:Protect jobs? by Lunarsight · · Score: 2, Interesting

      The truth is, there is something terribly wrong with this country.... People shouldn't be afraid of their governments, governments should be afraid of their people.

      Amen. I think we need to remind the government of that.

      Dare I say it - is it time for another 1776?

    21. Re:Protect jobs? by illumin8 · · Score: 3, Interesting

      Or a Jail Warden..

      It's gonna be shitty to be an artist though ..

      Actually, I believe the only way to break this law is to make it impossible for the government to prosecute. Everyone should just become basement "artists" and publish IP on the web. Put blogs up, and then force the government to prosecute Google, Yahoo, MSN search, for indexing your blog. Use automation to file copyright complaints in the millions against every index on the web. Overburden the courts with so many fake lawsuits that the government has no choice but to back down.

      Our legislators have proven that they're bought and paid for by the lobbyists. It's past the point of them representing the people.

      It's time for civil disobedience, and I think they'll find that there is no such thing as enforceable IP on the web.

      --
      "When the president does it, that means it's not illegal." - Richard M. Nixon
    22. Re:Protect jobs? by billcopc · · Score: 2, Interesting

      If by "exciting" you mean "more dumb singing whores on TV", you're absolutely right.

      The greatest challenge for artists these days isn't piracy, it's publicity. Everyone and their mother are "artists", and they mostly all suck. The signal-to-noise ratio is at an all-time low, to a point where marketing is the only "reliable" driving force left standing. As a small fry, it's probably better to sue every filesharer, just for the cheap publicity, than to spend the same amount on traditional merchandising and touring.

      Creativity has little to do with it anymore. You either have to look like a dollar sign to the dirtbags in the suits, or have a real pretty mouth.

      --
      -Billco, Fnarg.com
    23. Re:Protect jobs? by Redfeather · · Score: 2, Informative

      In Germany they first came for the Communists,
      and I didn't speak up because I wasn't a Communist.

      Then they came for the Jews,
      and I didn't speak up because I wasn't a Jew.

      Then they came for the trade unionists,
      and I didn't speak up because I wasn't a trade unionist.

      Then they came for the Catholics,
      and I didn't speak up because I was a Protestant.

      Then they came for me --
      and by that time no one was left to speak up.

      Pastor Martin Niemoller

      --
      Those things you're doing with that stuff you just bought? That's not what it's for! -
    24. Re:Protect jobs? by Solandri · · Score: 2, Interesting

      Just change it so only registered voters can contribute to political campaigns / political groups. If a company wants to spend $100,000 lobbying for a political change, they can just give it to their employees, stress to the employees the importance of contributing it to this effort so the company can survive and they can keep their jobs. If the employees agree and contribute the money, everything is fine. If the employees disagree and spend the money on a new TV, then the company has problems that aren't going to be solved by donating to a political campaign.

    25. Re:Protect jobs? by gerf · · Score: 2, Interesting

      That's illegal, I believe. You're not allowed to give money to other people to give to a political campaign. Even a hint of telling them to do so. Pretty much, you go to jail for this shit.

      It reminds me of a guy at work (non-management) who said, "I don't know why [our company] and [main rivalry company] don't just say to each other let's not bid against each other." That sounds good too, but it'd also be collusion, and highly illegal.

      Alas, it'd be nice if companies could not donate at all, but that still would not solve the problem. Although I'd say that wealthy CEOs and Presidents of companies might not have as much of an impact, or have much sway as the corporation as a whole.

    26. Re:Protect jobs? by kadehje · · Score: 2, Interesting

      Amen. I think we need to remind the government of that. Dare I say it - is it time for another 1776?

      Unfortunately, most of the Western countries that secessionist Americans might seek alliances with are on the same side as Washington D.C. or don't like Americans in general any more because of the crap we've pulled in the past 7 years. The UK is at least as far down the surveillance and corporatist society as the U.S.A., and places like Australia and Canada seem willing to follow us in our footsteps. France and most of the rest of Europe wouldn't shed a tear if a major American city got nuked by al Qaeda, and as an American I don't blame them for this attitude.

      The only reason why 1776 worked was we had French support. In the 1860's the Confederacy made the mistake of levying war while not being supported by a major world power (although the UK leaned in that direction at the start of the war, the issue of slavery turned the UK away from supporting the CSA as the war progressed). Although they got off to quite a nice start, the Washington D.C.-led army eventually crushed the South to the point where it took nearly a century (until after WWII) for the South to recover.

      Violence is called for only when all other options have been exhausted. Otherwise, popular support for a violent act will always fall on the side of the state and against the perpetrator and will cause the movement behind the act to wither and die. When all peaceable options have been exhausted (e.g. criminal trials become farces, election results show the winner taking 98% of a turnout of 125%, demonstrations routinely becoming repeats of the Kent State massacre), then popular opinion will support or at least condone violence against the state. For a couple of examples of groups that challenged the U.S. and are now ridiculed by the majority of the American population, look at the Branch Davidians in Waco or the Michigan Militia. Unless a movement can amass the support of an overwhelming (like 80%+) portion of the American people or the official support of a major world power (China, Russia, UK, France, and maybe a couple others), taking on the U.S. government with head-on violence is pure suicide and will guarantee things will become even worse off for those you leave behind.

      There are a lot of things that need to change in this country, but you need to ask yourself: (a) is war the only way left that change can be effected in this country, and (b) if so, is such a war winnable and/or are things so bad off that I'm willing to die in a futile war rather than maintain hope for an alternative solution? The answer to "a" for me is "no", but by the end of 2010 there may be a need for me to rethink my answer.

    27. Re:Protect jobs? by Original+Replica · · Score: 3, Informative

      we just recognize better than most that "intellectual property" is not property at all. Property exists because of limited resources.

      A fair amount of our modern idea of property comes from the philosopher John Locke and his Second Treatise on Government. Basically it is a person's labor and efforts that improve upon a common resource that creates and justifies property. ie: The fish in the ocean belong to everyone, until a fisherman catches one, then that fish belongs to him because is efforts in catching it made it useful. What modern IP law is failing to address is Locke's theory of Spoilage. "As much as any one can make use of to any advantage of life before it spoils; so much he may by his labour fix a Property in. Whatever is beyond this, is more than his share, and belongs to others. (II, 31)" Now with the internet, the supply of a song or movie is effectively unlimited, the real question is: How long before a song or movie spoils? Most movies and songs have a short short shelf life, a year at most for songs and maybe two for movies after that their sale number have dropped into irrelevancy. The biggest problem for IP isn't control or piracy, it's the ridiculous amount of time that passes before it becomes Public Domain.

      --
      We are all just people.
    28. Re:Protect jobs? by Reziac · · Score: 2, Informative

      1776 wasn't the same, tho.

      Then, the people of America were trying to free themselves from what amounted to a foreign overseer with a massive global network but a relatively poor local presence.

      Now, the people of America would have to free themselves from a local overseer, which lacks immediate support from foreign powers but has a massive local presence.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  2. The name of the new bill by allanc · · Score: 3, Funny

    If they'd had any class at all, they'd have named the new combined bill the "PRO-PIRATE" bill.

    1. Re:The name of the new bill by mpeskett · · Score: 2, Funny

      Or the "PIRATE-IP" bill.

  3. Why do we need this? by Darkness404 · · Score: 4, Insightful

    Honestly, why do we need this? Everyone talks about how music is dying, and how movies are dying. But a quick search on MySpace or YouTube gives thousands of indie bands and a lot are as good or somewhat better than the ones signed with a record company. There are lots of low-budget films circulating YouTube, now while a lot aren't as good as the ones that take millions to make, a lot are really entertaining, something that a lot of Hollywood films aren't.

    Just because not everyone wants fast food doesn't give the fast foot industry the right to in a way punish previously legal activities for the goal of getting more people to eat fast food. In any other industry, a bill like this would be laughed at even by the idiots that are in our congress, but it seems that any trade group with the word America is enough to throw both republicans and democrats into passing a bill. Idiots.

    --
    Taxation is legalized theft, no more, no less.
    1. Re:Why do we need this? by DNS-and-BIND · · Score: 3, Interesting

      Who's passing a bill? They introduce it, it gets shot down. Repeat. The other two didn't pass, did they? Everybody's happy. The corporations think that they're getting value for their money, the politicans pocket the campaign contributions, and slashdot readers get to froth at the mouth and try to construct new metaphors to explain IPR violations. Everyone wins!

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    2. Re:Why do we need this? by Darkness404 · · Score: 4, Insightful

      But it is wrong that it even got introduced. It would be like introducing a bill that allowed the government to take whatever you owned with no warrant and the ability to sell that at auctions. Sure that bill wouldn't get voted in, and hopefully the supreme court would find it un-constitutional, but it shouldn't have gotten introduced.

      --
      Taxation is legalized theft, no more, no less.
    3. Re:Why do we need this? by TubeSteak · · Score: 4, Insightful

      Who's passing a bill? They introduce it, it gets shot down. Repeat. The other two didn't pass, did they? Everybody's happy. [...] Everyone wins!

      The dangerous thing about that cycle is that one day the sponsors of this type of legislation will attach it to *must pass* spending or military bill and we're fucked.

      --
      [Fuck Beta]
      o0t!
    4. Re:Why do we need this? by stinerman · · Score: 4, Informative

      From TFA:

      Intellectual property legislation introduced in the Senate on Thursday would combine elements of two controversial IP enforcement bills: The PRO-IP Act, which passed the House by a wide margin in May, and the PIRATE Act, which has won Senate approval several times since its first introduction in 2004.

      In fact it was the first sentence.

      The Senators are trying to tie their PIRATE legislation to the already popular PRO-IP legislation that passed the house.

    5. Re:Why do we need this? by Digital+End · · Score: 4, Insightful

      "The ability to gain endless wealth thru the skill of a few select people's talent in music and movie is dieing"

      Think that's more what they're spazzing about

      --
      Beware of he who would deny you access to information, for in his heart, he dreams himself your master.
    6. Re:Why do we need this? by BigRedFed · · Score: 3, Informative

      Ummm... Have you read the civil asset forfeiture law?
      Wikipedia entry
      Title 18, Chapter 46 US Code

    7. Re:Why do we need this? by JLDohm · · Score: 2, Informative

      But it is wrong that it even got introduced. It would be like introducing a bill that allowed the government to take whatever you owned with no warrant and the ability to sell that at auctions. Sure that bill wouldn't get voted in, and hopefully the supreme court would find it un-constitutional, but it shouldn't have gotten introduced.

      They can't take whatever you own, just cash that has traces of narcotics on it (>90% of bills in circulation) or a car that had traces of drugs in it.

      It's called civil asset forfeiture. See Downsize DC for more information.

      --
      Sig intentionaly left blank
    8. Re:Why do we need this? by sexybomber · · Score: 2, Insightful

      "It would be like introducing a bill that allowed the government to take whatever you owned with no warrant and the ability to sell that at auctions."

      Sort of like eminent domain?

    9. Re:Why do we need this? by sconeu · · Score: 2, Interesting

      This is not going to be a popular sentiment here, but....

      Remember, this has to be signed into law. Hold your nose and write to Bush. Use his own prejudices to work for you. Point out how this is an unwarranted intrusion into business by the "liberal Hollywood Elite", etc... etc...

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  4. Time for an RIAA tea party by sakdoctor · · Score: 5, Funny

    Although I'm not sure throwing intangible goods into the harbour is going to be so effective.

  5. Amazing... by Xelios · · Score: 4, Informative

    This bill basically gives federal prosecutors the right to bring a civil suit against infringers on behalf of the copyright owner (with proceeds going to the copyright owner), AND leaves the option open for the copyright holder to file his own suit on top of it. Now you can get sued twice for the same thing, with damages doubled up to $2 million per infringement. And best of all, the taxpayers will foot the bill for civil suits by the government.

    Unbelievable. Really.

    --
    Murphey's fighting Occam, and we're in the stands.
    1. Re:Amazing... by TubeSteak · · Score: 4, Interesting

      This bill basically gives federal prosecutors the right to bring a civil suit against infringers on behalf of the copyright owner

      The definition of a civil lawsuit includes the idea that the victim brings the lawsuit on their own behalf and pays their own legal fees.

      If Federal Prosecutors are going to be bringing these lawsuits on the victim's behalf, maybe we should change the standard of proof from 'a preponderance' to 'beyond a reasonable doubt'.

      --
      [Fuck Beta]
      o0t!
    2. Re:Amazing... by iminplaya · · Score: 2, Insightful

      Unbelievable? Bush was elected twice. And if Jeb was on the ticket, he would get elected twice. Nothing is unbelievable anymore.

      --
      What?
  6. In any other industry... they'd blame the problem. by PC+and+Sony+Fanboy · · Score: 4, Insightful

    In any other industry, the core problem would be addressed.

    for auto manufacturers, the problem is nafta, not poor quality domestic vehicles.

    for food prices, the problem is biofuel, not subsidized farming.

    for power generation (and shortfalls), the problem is canada and mexico, not insufficient production.

    for job loss, the problem is immigration, not high wages.

    for the recession? the problem is terrorism!!!, not the trillions of dollars borrowed and spent on the war, subprime mortgages, and the bush administration's economic policies...

    And for piracy? the problem is canada, china, and piracy ... not hollywood crap, and extremely high prices for garbage.

    I think that if there wasn't so much high priced garbage, people would start paying for their movies and music again. I'm 100% against paying for something (like a cd), finding out it is crap, and being stuck with something I don't want... almost every other industry, I can return unwanted goods. When music/movies are like that, I'll stop pirating.

  7. Re:In any other industry... they'd blame the probl by Walkingshark · · Score: 3, Insightful

    Exactly. I just bought Bioshock and the thing keeps crashing on my computer. I should have pirated it first, but I was trying to be honest and had waited for it to hit an acceptable price point (which it did on steam this weekend). Now I'm being punished for being honest. At least when I get viruses from pirating shit, I know what I'm getting in to.

    Now I'm stuck with a couple of gigs of worthless data on my hard drive that I feel like I should keep around in case they patch it. And I'm convinced more than ever that when spore comes out, that shit is coming off the pirate bay. I'm not going to pay for another 60 dollar doorstop.

    --
    The world you experience is only a close approximation of reality.
  8. Its unbelievable ! by unity100 · · Score: 4, Insightful

    how can the ELECTED senators in your country can easily move against the wishes of the people, so blatantly, so fearlessly, so hypocritically ? unbelievable.

    1. Re:Its unbelievable ! by TubeSteak · · Score: 3, Interesting

      how can the ELECTED senators in your country can easily move against the wishes of the people, so blatantly, so fearlessly, so hypocritically ? unbelievable.

      Because it is expensive and difficult to recall an ELECTED Senator, they generally get to do what they want for six years.

      The fact that the majority of them get re-elected suggests that more often than not, whatever pork they bring home and put on their constituents' table outweighs the 'bad' votes they had to make in return.

      --
      [Fuck Beta]
      o0t!
    2. Re:Its unbelievable ! by TheRaven64 · · Score: 4, Insightful
      You need to push for committee reform if you want that. The most power in Washington goes to the people who sit on committees. Seniority in committees is based on the number of consecutive years you've spent in power. The more influence a politician has, the more they can do for their constituents. Ideally, you would want this set of changes:
      • No riders. Bills must relate to a single subject, you can't tack on pork to any other bill, you have to propose it separately.
      • Length limit. If a bill is too long to be read thoroughly by those voting for it, it should not be allowed to pass (ethical politicians would vote against any bill they - or their staff - have not read in detail anyway, but they are few and far between).
      • Committee membership based on relevant experience. Biases against career politicians, as they are the least likely to have useful experience outside politics.
      • Committee chairmanship by random lot. Removes advantage of incumbents.
      --
      I am TheRaven on Soylent News
  9. Re:In any other industry... they'd blame the probl by Darkness404 · · Score: 2, Funny

    No, what you should have done was run Linux then virtualize a pirated Windows install to run your pirated Bioshock. That way, you are not only a pirate but a communist too!!!

    --
    Taxation is legalized theft, no more, no less.
  10. Not like DHS by ronmon · · Score: 5, Informative

    Department of Homeland Security is a "Department", which comes with a seat on the Cabinet. This looks more like the DEA with its "Drug Czar", which I believe falls into the "Agency" category. No cabinet post.

    The property seizure powers also look similar, though not so much the civil litigation stuff.

  11. they WONT listen to you. GET IT by unity100 · · Score: 4, Insightful

    its a battle between selfishness, self centeredness and will of the people.

    you think that by protesting, talking to them, you will have them change their mind ? or by working IN the system, you will be able to compete ? how many stuff you have failed to prevent in the last 10 years by doing that ?

    they DONT CARE what you think. they get their votes by doing greasy campaigns that run by donation money from whomever has the cash, and they just do as they or their masters please. thats the gist of it.

    you better draw them off, and start thinking what you can do WITHOUT them being on board, because they wont be.

    basically your senators have become your enemies.

    THEY DONT SERVE YOU

  12. Re:kill by thermian · · Score: 4, Insightful

    No-one in their right mind would elect him to public office.
    Fantastically gifted coder he may be, a founder of open source he most certainly is, but another thing he is, is a zealot. That type of person rarely does well in a job where compromise is the order of the day.
    Not that its a bad thing he's so single minded. Open source wouldn't have its most important tool chain were it not for him, and the philosophy would have got nowhere but for his bull headedness on the issue.
    That said, I'd never vote to put him in public office, never in a million gazillion years.

    --
    A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
  13. Re:Please don't contact your reps... by stewbacca · · Score: 2, Insightful

    4. No relief from foreclosure for your homes and mine, but only to Countrywide and Fannie Mae.

    You know, if people wouldn't take out loans they can't afford, we wouldn't be in this mess in the first place.

  14. Re:kill by Naughty+Bob · · Score: 5, Insightful

    i wonder when will people start killing these american senators who are doing things that people dont want. in democracy thats treason.

    As the great Votaire put it:

    "An ideal form of government is democracy, tempered with assassination."

    Clever guy.

    --
    "Be light, stinging, insolent and melancholy"
  15. technical problem by spikenerd · · Score: 5, Insightful

    Combine this with FISA, and suddenly the only obstacle left is encryption. We all know what's coming next... The "No encryption for potential terrorists act", the "mandatory back-door act", or the "if you've got nothing to hide, you've got nothing to fear act".

    ...so instead of posting about how we're all so insightful for foreseeing it, or just whining about the government (as though our congressman might read Slashdot), let's do what we do best and solve this problem, except this time before it even happens.

    It seems to me that the solution to censorship is to route around it. How about if we code up some steganography tool to hide encrypted messages, and give them the back-door to a bunch of worthless garbage? (i.e. SSH over Nigerian scam mail.) Perhaps they'll notice that all the geeks are communicating with variations of Nigerian spam emails, but the only way they could stop us would be to solve the SPAM problem. Good luck legislating that away.

  16. Re:Please don't contact your reps... by dodecalogue · · Score: 3, Insightful

    You know, if people wouldn't take out loans they can't afford, we wouldn't be in this mess in the first place.

    You know, that's something you hear ALL OVER the place, and yet an enormous number of people had acted in this way which is so spat-upon by most of the smarty-smart forums I frequent. The thing is, though, that if there is such a large amount of similar sentiment or action, there is probably something worth examining there. I would say it has something to do with incredibly smart (well, that's debatable. let's say "good with words") people who write insanely convoluted contracts that everybody and their cousin just signs off the bat without reading (EULA much?) and it's understood that that's how that's done. Added to that, growing up as many of us probably have in a culture that prizes "credit history" (I understand it's being tied to insurance costs, now) which can ONLY be gotten from debt, then I can sympathize with the consumer in these cases (especially after having finally rid myself of debt, probably 10 years later and thousands upon thousands of dollars in interest, and mine's a pretty light case, there are people dealing with mountains of cascading debt). All our choices, all our own fault. But with SO many people in that situation, it's more interesting to look at "why" than just somehow blame them for being wrong. (see: "public misunderstanding" around the release of KDE4.0)

  17. Arrrr! by John+Pfeiffer · · Score: 3, Funny

    They can have my cutlass when they pry it from my cold dead hand!

    --

    Friend: "The NIC is misconfigured..." Me: "No prob, I'll just telnet in and fix it." *Silence*
  18. Re:Protect jobs? - They are right by FriendlyLurker · · Score: 4, Insightful

    It will "protect 'jobs'". Put that last little word through your Noam Chomsky filter, and it translates:

    "protect profits".

    but that does not envoke the same emotion in the masses as "Jobs" do.
    Which your congress spokesperson might have a hard time trying to disagree with this bill.

  19. Bipartisanship's Not when it is cracked up to be by tjstork · · Score: 4, Insightful

    It seems to me that the only thing worse than the incessant squabbling between Democrats and Republicans is when they arrive at a consensus on a piece of "important" legislation.

    People who are old like me and remember the famous battles between Tip O'Neill and Ronald Reagan remember when Republicans really were conservative and Democrats really were liberal. Now we just have two parties of triangulating whores selling out to try and grab the middle and flipping sides on every issue at the earliest possible opportunity.

    --
    This is my sig.
  20. The solution is simple! by gabrieltss · · Score: 3, Interesting

    If everyone would quite buying the RIAA music, quite pirating it even. Quit buying the damn DVD's, quite going to see the movies, quit pirating movies. Show a complete and total drop I'm talking FLATLINE of sales and use for music and movies by the MAFIAA. What will be their argument be for their lost salse then? They would lose money to BUY politicians and would have to go out of business at some point. I hear you saying "boycotts just don't work." Why don't they? Because people have to have the latest RIAA pushed band's CD, they have to go see the lateset greatest MPAA pushed movie. "Hey when is American Idol on?". I haven't bought an RIAA labeld CD in 10 years I gave the RIAA my middle finger a long time ago. Instead of watching a movie I just read a book or play a video game. F@ck the MPAA too! America your deserving all the crap that is comming down on you - because your too damn lazy to do a damn thng about it. But, some of us still give a crap!

    Me I wrote my senators and told them they should not vote for this crap. If they do it will show me that they have been bought off by the RIAA/MPAA and that I'll be informing as many of their "constiuants" as I can about their pro-corporate, anti-citizen votes.

    --
    The Truth is a Virus!!!
    1. Re:The solution is simple! by oDDmON+oUT · · Score: 4, Insightful

      "If everyone would quite buying the RIAA music, quite pirating it even. Quit buying the damn DVD's, quite going to see the movies, quit pirating movies. ..."

      [Newsflash!]

      Chairman Mao got it wrong. Religion is no longer the opiate of the masses, "entertainment" is, and like any other opiate it's addictive and addling.

      So don't hold out any hope that sheeple will "see the light" and cease ingesting shite music, gawdaful movies, or infotainment any time soon.

      --
      Some days it's just not worth
      chewing through my restraints.
  21. Both republican & democrats are against the pe by viking80 · · Score: 4, Interesting

    The republican party is prioritizing business interests over consumers any time the have a chance.
    And the democrats are all cozy and in bed with the Hollywood elite.

    Expect RIAA, Viacom, Hollywood and all other companiers with IP content to consistently get everything they want from Wahington. As a consumer, dont even try to get your hopes up. You will continue to get screwed.

    Just as a reminder: After entertainment became a big business with lobbyists around 1920, *no* new copyrighted work have expired. Every 10 years or so, it has been extended by at least 10 years, and is now about two lifetimes.

    --
    don't cut it off www.mgmbill.org
  22. Re:The Solution To This Is Simple by oDDmON+oUT · · Score: 2

    "Just stop using the Internet to steal music."

    Tell that to Microsoft and McAfee, who tacitly approved of "piracy" to garner marketshare for their crapware.

    This isn't about "theft" or "protecting jobs", it's about dead business models and sh*tty products being protected by clueless politicians for the benefit of greedy, intellectually insufficient imbeciles at the helms of various corporations.

    --
    Some days it's just not worth
    chewing through my restraints.
  23. Why not just say it... by Cheerio+Boy · · Score: 3, Insightful

    Oh for fsk's sake why don't they just openly come out and make it illegal to actually _own_ anything so that we all have to rent things from large corporations.

    I mean that's what they really want here. At least if they came out openly and said it we'd know where we stand.

    And the worst part is that it's unlikely to change until the majority of couch potato people are affected by it.

    Which if the-powers-that-be are as clever as they have appeared to be so far will never happen. The last thing they want is people actually _looking_ at what they are doing - especially Joe Public - so they'll do anything to keep them fat and happy.

    --

    "Bah!" - Dogbert
  24. Re:The U.S. government is thoroughly corrupt. by XcepticZP · · Score: 2, Insightful

    Why does everything have to revolve around democrats vs Republicans with you Americans? Two parties and you yankees call yourselves a democracy? Right...

  25. Chinese curses in office by TaoPhoenix · · Score: 2, Insightful

    Damn it,

    "someone who knows where they stand ... less compromise in politics ..."

    That sounds like what we have right now. "Stay the Course" - even when it crushes the country.

    "Be careful what you wish for - you just might get it."

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  26. Comment removed by account_deleted · · Score: 2, Insightful

    Comment removed based on user account deletion

  27. Re:kill by kipman725 · · Score: 2, Insightful

    RMS would be amazing as he is only interested in software.. he would anhialate the patent and copyright system and then do nothing for the next 4 years. The problem with govenments is that a huge body of people has no other job than make more things illegal and fiddle with regulation, if everyone just chilled and didn't mess with the law apart from when needed or to correct some of the worse mistakes we would be alot better off. How about a new law that for every law you make you must remove one?

  28. It will probably pass by Anonymous Coward · · Score: 2, Interesting

    Previous attempts (PRO-IP, PIRACY bills) were proposed during a largely republican administration. The republican party gets most of its contributions from the international oil cartel (and a few other non-media-businesses), so they never really cared about those bills.

    Now the administration is mostly democrats. It is still under a republican president, of course, but most of the congressmen are democrats. Traditionally, democrats receive their contributions directly from big media companies (Sony, Disney, etc), and as such they are much more likely to be sympathetic to the goals of this bill.

    Even if this one gets shot down, I will bet that when Obama is president, the next incarnation of this bill will pass.

  29. Sounds to me like it will *create* jobs by Joce640k · · Score: 2, Insightful

    Lots of 'em - all taxpayer funded.

    --
    No sig today...
  30. Welfare For the Rich by kurt555gs · · Score: 2, Interesting

    This is a perfect example of bad government. The 'rich' love to offload their expenses onto the taxpayers thereby increasing their already obscene profits at our expense.

    This is purely a mater of civil action between the **AA and whoever they are trying to bully. However, the courts are starting to see through this whole bad theory that (sharing == piracy ). The logical next step is to have your sock puppets in congress change the law, and put the burden of expense and bad publicity on the US government.

    I still do not think that sharing is piracy, or for that matter even morally wrong. I do not buy the argument that sharing deprives anyone of anything. Just because some music or video reaches my senses, I do not think I owe some one money.

    If I like a work, I will buy it. If I download something, listen to it, and decided it's crap, then I really do not think I should have to pay anyone.

    I think piracy is when you make counterfeit CD's / DVD's and sell them as if they were genuine.

    I see nothing wrong with sharing software, music, videos, etc to try them out.

    Anyway, this law just codifies this whole mistaken belief, and criminalizes everyone.

    If this passes, it is one of those crucial turning points in our countries history that signifies a complete shift to fascism.

    I hope it does not make it. I really do.

    --
    * Carthago Delenda Est *
  31. Leahy by Anonymous Coward · · Score: 2, Funny

    The Joker should have killed him when he had the chance.

  32. Re:publicity good, piracy bad by ultranova · · Score: 3, Interesting

    That doesn't mean piracy is not a problem for us. Piracy can be a BIG problem. Ask any software or game or music creator if all web traffic is worth the same for example. I know tons of game devs, and the consensus is that traffic from these sites:

    slashdot
    digg
    boingboing

    is virtually worthless. Or even undesirable, because you get bandwidth with no sales, due to the predominance of piracy amongst that crowd. In contrast getting general traffic from google, or from game review sites is WAY more attractive, because that audience is more supportive of IP, and happy to buy the product.

    And yet you still put the address of your site in your signature. There seems to be a logical disconnect between that action and what you just said. Please explain ?

    --

    Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  33. DCMA does suck. by PC+and+Sony+Fanboy · · Score: 2, Insightful

    Sorry, DCMA does suck. Just because it helps you a little bit, doesn't mean it is good overall.

    Overall, it is a horrible idea and may benefit you in the short term, but it hurts us all in the long term.

  34. Stop lying. by plasmacutter · · Score: 3, Insightful

    and allows widespread theft of our #1 economic output.

    this is bull.

    If you lumped the entire movie and music industry together, google could buy it up with the rounding errors in their revenue calculations.

    The truth is that consumer electronics and technology in general dwarf hollywood and IP in the GDP calculations. Think about it for a second. How much do you pay for cellphones, mobile broadband, home broadband, computers, etc vs hollywood trash?

    Even in my uncle's household, where they receive more than they could possibly spend, their expenditures on technology outpace intellectual property 4 to 1. And no, he doesn't download anything because he doesn't know how.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  35. Re:against the group think by ScrewMaster · · Score: 2, Interesting

    Nobody really cares if vendors want to lock up their products: that just makes them subject to free market forces. The next guy who comes along with a competing product that doesn't screw over the customer has a good chance of taking that business.

    What we're objecting to is the power of the Federal Government being conscripted in a vain attempt to maintain the status-quo ante. Keep in mind that this approach has never worked before and invariably screws everyone else in the country. The needs of the relatively few people that lose their livelihoods in the entertainment industry do not supercede the rights and needs of everyone else.

    George Guilder calls the process that the media conglomerates are currently undergoing (and attempting to stave off for as long as possible)) one of Creative Destruction. It began with the creation of the Internet itself, and will ultimately come to a logical conclusion regardless of what legal measures are taken. They know this, but being essentially uncreative mentalities, they are unable to see any other way to maintain their accustomed level of income other than going to Congress.

    --
    The higher the technology, the sharper that two-edged sword.
  36. Re:publicity good, piracy bad by kaos07 · · Score: 3, Interesting

    You're the creator of Democracy 2 right?

    I'm not sure how you feel about this, but this is my personal experience with piracy and your game.

    I heard about Democracy, checked out the site, thought it looked pretty cool and headed over to The Pirate Bay were there about a dozen torrents. Soon enough I got over the game and then Democracy 2 came out, which is a A LOT better, and once again headed over to The Pirate Bay to play it. I liked I so much that I decided to buy it. Which I did, yesterday. I figured "Well this is one guy making a really fun and interesting game, he gets all the money and it's only $20! So now I'm enjoying it legally, you've got your money and everyone is happy. Thanks to The Pirate Bay.

  37. Re:publicity good, piracy bad by debatem1 · · Score: 2

    I'm not insulting you- popularity and quality are not the same thing- but you're blaming their commercial failure on piracy when theres millions of potential customers who have never even heard of your product. The tiny number who have and have pirated it don't really cost you anything- they don't eat up your bandwidth, they don't call you for support, they don't use your media- but the millions who have never heard of it are costing you a fortune, and that's a factor well within your control.