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Google Pushes Back Against US Copyright Treaty

Hugh Pickens writes "Internet companies led by Google joined groups representing Web users to challenge the Bush administration's bid to toughen international enforcement against copyright pirates. The companies said the US courts and Congress are still working out the correct balance between protecting copyrights and the free exchange of information on the Web and a treaty could be counterproductive. 'There's this assumption that what is good for Disney is what's good for America, but that's an oversimplification,' said Jonathan Band, an intellectual property lawyer representing libraries and high-tech companies. 'There's also what's good for Yahoo and Google.' The US, Japan, Canada and other nations said last year that they would begin negotiations on an agreement aimed at cracking down on counterfeiting of such goods as watches and pharmaceuticals, and the piracy of copyrighted materials, such as software and music recordings. A leaked draft of the deal showed that the treaty could force Internet service providers to cooperate with copyright holders."

233 comments

  1. WTF?! by Anonymous Coward · · Score: 5, Insightful

    "There's this assumption that what is good for Disney is what's good for America, but that's an oversimplification," said Jonathan Band, an intellectual property lawyer representing libraries and high-tech companies. "There's also what's good for Yahoo and Google."

    What about what's good for PEOPLE????!!!!

    1. Re:WTF?! by Anonymous Coward · · Score: 5, Funny

      What about what's good for PEOPLE????!!!!

      That went straight out the window ages ago. Didn't you get the memo?

    2. Re:WTF?! by philspear · · Score: 4, Insightful

      Keep in mind the quote was brief and may have been taken out of context. He may have just been talking about the motivation of the pro-buisiness lobbyists.

    3. Re:WTF?! by Anonymous Coward · · Score: 0

      What about what's good for PEOPLE????!!!!

      "It's a cookbook." We are lobsters, enjoy your swim in the globalization p(l)ot.

    4. Re:WTF?! by hobbit · · Score: 1

      Corporations enjoy the rights of people too now, you insensitive clod!

      --
      "Wise men talk because they have something to say; fools, because they have to say something" - Plato
    5. Re:WTF?! by Kemanorel · · Score: 2, Funny

      Yeah, I got the memo. I'll be putting the new covers on the TPS reports next time. I just forgot.

      --
      Mess not in the affairs of dragons, for you are crunchy and good with ketchup.
    6. Re:WTF?! by Anonymous Coward · · Score: 2, Insightful
      Your statement...

      What about what's good for PEOPLE????!!!!

      Their statement...

      but that's an oversimplification

    7. Re:WTF?! by Daimanta · · Score: 4, Insightful

      If I had modpoints, you'd get +1 Funny from me.

      If Democracy actually gave power to the people, it would have been abolished a long time ago.

      --
      Knowledge is power. Knowledge shared is power lost.
    8. Re:WTF?! by jbeach · · Score: 4, Insightful

      It's a good thing there's other corporate empires the size of Disney, so that this can be fought and won. Otherwise it would be Disney vs. rights of the average US citizen- which would basically be a replay of Godzilla vs. Bambi.

      --
      The Invisible Hand of the Free Market is what punches workers in the nuts.
    9. Re:WTF?! by maxume · · Score: 2, Funny

      Remember, as of Oct. the 1st, the blood of a virgin is the only acceptable ink.

      --
      Nerd rage is the funniest rage.
    10. Re:WTF?! by GeckoAddict · · Score: 1

      Yeah... It's just we're putting new coversheets on all the TPS reports before they go out now. So if you could go ahead and try to remember to do that from now on, that'd be great...

    11. Re:WTF?! by dgatwood · · Score: 5, Funny

      Quick! Everybody hide!

      :-D

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    12. Re:WTF?! by rrohbeck · · Score: 4, Insightful

      You submit a couple hundred grand in financing to your representative, then you'll have a voice too.

    13. Re:WTF?! by Oktober+Sunset · · Score: 4, Insightful

      No, they just inserted the word 'rich' in front of people.

    14. Re:WTF?! by phoomp · · Score: 1

      Seems to me it's become more like 'people enjoy a few of the right of corporations'.

    15. Re:WTF?! by inhuman_4 · · Score: 1

      You must be new here.

      Welcome to earth.

    16. Re:WTF?! by calmofthestorm · · Score: 5, Funny

      Forget people, think of the CHILDREN! If we don't protect intellectual property rights, there could be MICKEY MOUSE PORN!

      --
      93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
    17. Re:WTF?! by Monkk · · Score: 4, Informative

      Quick! Everybody hide!

      :-D

      Quick! Everybody VOTE!! :)

      --
      TomB

      "You can't take the sky from me..."
    18. Re:WTF?! by Psion · · Score: 1

      I'm ashamed at how long it took me to get that.

    19. Re:WTF?! by hedwards · · Score: 1

      Democracy is really just an optimization method to ensure that people never have to suffer through good governance.

    20. Re:WTF?! by ScrewMaster · · Score: 4, Informative

      Contrary to widely-held belief, Democracy has never been tried on any significant scale. Neither has Communism.

      --
      The higher the technology, the sharper that two-edged sword.
    21. Re:WTF?! by superdave80 · · Score: 4, Funny

      To get what? The joke? Or a piece of ass?

    22. Re:WTF?! by Locklin · · Score: 1, Funny

      when rule 34 and copyright clash...

      --
      "Knowledge is the only instrument of production that is not subject to diminishing returns" -Journal of Political Econom
    23. Re:WTF?! by Anonymous Coward · · Score: 0

      Are there virgins anymore?

    24. Re:WTF?! by ATMD · · Score: 1

      > If Democracy actually gave power to the people, it would have been abolished a long time ago.

      Isn't that precisely what has happened?

      --
      Nobody else has this sig.
    25. Re:WTF?! by dwarg · · Score: 2, Insightful

      If Democracy actually gave power to the people, it would have been abolished a long time ago.

      Abolished by whom? We've gotten to the place we're at today, not because a bunch of evil overlords forced us into it, but because the vast majority of citizens would rather watch TV than pay attention to what their government is doing.

      Had "they" tried to abolish democracy a hundred years ago there would have been a revolution. Today there would just be a bunch of bitching on the blogs... and /. of course.

      --
      I'm a glass half full kind of guy

    26. Re:WTF?! by Anonymous Coward · · Score: 0

      Does this mickeymouse porn include pluto by any chance?

    27. Re:WTF?! by Anonymous Coward · · Score: 0

      Contrary to widely-held belief, Democracy has never been tried on any significant scale. Neither has Communism.

      Athens wasn't significant? Try telling the Persians that.

    28. Re:WTF?! by aeoo · · Score: 1

      No shit. I noticed that right away. What a bunch of filthy scumbags. Frankly I don't think any copyrights should be respected if that's the climate we are in.

    29. Re:WTF?! by Anonymous Coward · · Score: 5, Funny

      Are there virgins anymore?

      Wow. You must be really new here.

    30. Re:WTF?! by Wildclaw · · Score: 5, Interesting

      No, they just inserted the word 'rich' in front of people.

      Sure. What do you expect when you elect people who are richer than average and spend their time in richer societal circles.

      Politicians have a good deal of self interest just like everyone else. If you elect people who aren't "ordinary" citizens, then you won't get people who represent ordinary citizens. It is as simple as that.

      That is why I support randomocracy. Select politicans by random. It is fair and ensures that no societal special interests get any priority.

      Of course, there will always be protesters to the idea, claiming that the average citizen is an idiot and that elections stops those from getting elected. However, looking at some of those who actually are elected right now, you can see that that argument doesn't make a lot of sense. Intelligence is currently not a prerequisite for being elected. Charisma, advertising and connections are.

      Also, if you really want to ensure some qualifications you can always have those elected perform a competency test before being allowed to serve as a politican.

    31. Re:WTF?! by fabs64 · · Score: 4, Interesting

      Define "significant". Athenian democracy was fairly close so long as you ignore the historical givens.

    32. Re:WTF?! by noidentity · · Score: 1

      What about what's good for PEOPLE????!!!!

      That went straight out the window ages ago. Didn't you get the memo?

      Only one person got it, but it was copyrighted so he couldn't send copies to anyone else.

    33. Re:WTF?! by laddiebuck · · Score: 1

      You're just a cheap cynic. You think you have no power? You have far more power than you would have had 50, 100, 150, 200.... years ago. Since the inception of democracy, the people have gotten more and more empowered, free and prosperous.

    34. Re:WTF?! by Anonymous Coward · · Score: 0

      http://www.google.ca/search?source=ig&hl=en&rlz=&=&q=mickey+mouse+porn&btnG=Google+Search&meta=

    35. Re:WTF?! by ceoyoyo · · Score: 1

      Yeah, I thought that was hilarious. I read it out loud to everyone in the room. I wonder if he realizes what he said....

    36. Re:WTF?! by ceoyoyo · · Score: 1

      How about just electing people who aren't rich? Vote for the poor guy! Also, nominate the poor guy!

      And if you see someone spending money on their campaign, don't vote for them.

    37. Re:WTF?! by AvitarX · · Score: 3, Insightful

      The problem with that is numbers.

      Even statisticians say you need more than a few hundred to get a good sample, and I know I certainly don't want to be represented by one random person in my state (they are likely to be as radical as me, but in a different direction).

      I agree that in principal it would be better, certainly making it so being conniving was not a benefit, and probably be harder to rig too (we have already figured out how to keep things fair in the lotto for example). But do we really want thousands of representatives?, there would need to be some kind of hierarchy established, with many simply voting, and a few acting as what we have now. Perhaps that could be random too, with the power of a "bad" choice being the one higher-up from my state being able to be over-ruled by the rest of the more reasonable/radical in my direction.

      Once you add the test for competency your are skewing things, and everybody is going to have a different idea of what is needed. Some may say reading, writing, 'rythmatic is enough, others will say a strong understanding of US history, and some will say strong understanding of international affairs, and history.

      I do thing that modern politicians have shown themselves to not be the responsible elder states-men that the founding fathers envisioned (with the short term "dangerous" representatives being a threat that could only be checked by the long term senators), and term limits are needed, and probably senate terms shorter. I will take populist pandering over corporate/union whoring for contributions any day.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    38. Re:WTF?! by ceoyoyo · · Score: 0

      And the slaves. Or was that a historical given?

      Under Athenian democracy if you were rich and/or important, you got a say. Otherwise you didn't even get the illusion of political power.

    39. Re:WTF?! by Anonymous Coward · · Score: 0

      "could be"? Why don't you have a seat...

    40. Re:WTF?! by fabs64 · · Score: 1

      What on earth else could I have meant by the historical givens? I was also referring to women not having the vote.

      The main point was that most all decisions were able to be voted on by all "citizens".

    41. Re:WTF?! by mrchaotica · · Score: 1

      But do we really want thousands of representatives?, there would need to be some kind of hierarchy established...

      It's called "Federalism." Look it up. (And then lament the butchering it's undergone for the last 150 years).

      --

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

    42. Re:WTF?! by thisissilly · · Score: 1

      I've been pushing government by random lot for the last 15 years or more. What I suggest is we pick ~300 random citizens, 100 every 2 years to serve a 6 year term. They make up a unicameral parliamentary style body, who elect a prime minister from their own numbers. To try and prevent bribery, we pay them well, and at the end of their term, they get a life pension they can retire on, say 10-20x the minimum wage.

    43. Re:WTF?! by sumdumass · · Score: 1

      It wouldn't matter Greed has no bounds. It would probably effect the poor guy who has wanted all their life faster then the rich guy who has probably never wanted for anything other then human affection.

      In the end, we would have worse then what we already have. Most rich politicians are richer after going to Washington.

    44. Re:WTF?! by sumdumass · · Score: 1

      well, given that we are a republic that uses portions of democracy and most people don't even understand the makeup of the country or the states within it or what the term democracy actually means in this, I'm betting that people who think it is gone never understood what the there originally.

      Tell me, what is missing today that was there at some point in history? Here is a hint, politicians aren't obligated to take a poll and do what the people want, they are obligated to serving the office they were elected under. Sometimes that includes the people and sometimes it doesn't. And here is another hint, the term public servant has no correlation to serving anyone. A public servant isn't supposed to "serve" the people.

    45. Re:WTF?! by Eskarel · · Score: 3, Interesting
      Well yes, but this thread of discussion involves a "significant" scale.

      A bunch of wealthy educated greek men who have more in common than not is not a significant scale.

      Realistically, Athenian democracy wasn't a whole heck of a lot different than what we have now, they just had a slightly larger congress, and no one voted for them.

    46. Re:WTF?! by Digital+End · · Score: 1

      Do you own a senetor? Do you realize the amount of effort that you have to go to in order to care for and feed your own pet lawmaker? Quit being selfish, those people paid a fortune for their version of the law.

      --
      Beware of he who would deny you access to information, for in his heart, he dreams himself your master.
    47. Re:WTF?! by supernova_hq · · Score: 4, Funny

      This is slashdot, what do you think?

    48. Re:WTF?! by TheVelvetFlamebait · · Score: 1

      Of course, there will always be protesters to the idea, claiming that the average citizen is an idiot and that elections stops those from getting elected. However, looking at some of those who actually are elected right now, you can see that that argument doesn't make a lot of sense.

      Ha, ha, very funny. Now, all jokes and funny pictures aside, you do need a certain standard of intelligence to become elected. You simply can't have charisma without it for one. Bush is on the lower end of the scale, and even his "charisma" often lets him down. Seriously, is it really worth it to allow retards, or fundamentalist zealots (true zealots, not ones hampered by politics) behind the most armed up country of all time?

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    49. Re:WTF?! by Anonymous Coward · · Score: 0

      I agree, but it should be more like choosing a jury. While we're at it can we separate the legislative and executive?

    50. Re:WTF?! by Anonymous Coward · · Score: 0

      Actually, Senators seem to be purchasable for a surprisingly small amount in real dollar terms, according to what we know about the Sirius-XM deal and the fact that Senators opposing the merger were purchased by the NAB for a couple of million each, at most. Not chump change by Joe Schmoe standards, but certainly easily within the reach of even the modestly rich.

    51. Re:WTF?! by houghi · · Score: 1

      So you mean there are pro-people lobbyists? Oh wait, that are the politicians themselves who were voted by the people for the people.

      --
      Don't fight for your country, if your country does not fight for you.
    52. Re:WTF?! by NickFortune · · Score: 1

      Tell me, what is missing today that was there at some point in history?

      How about confidence in the system on the part of the electorate?

      I think the point here is not so much that the mechanisms of democracy have been removed. Rather it's that a system that worked well for a nation with tens of thousands of citizens doesn't appear to have scaled particularly well for a nation with hundreds of millions of voters.

      And here is another hint, the term public servant has no correlation to serving anyone.

      "War is Peace; Freedom is Slavery; Ignorance is Strength."

      --
      Don't let THEM immanentize the Eschaton!
    53. Re:WTF?! by Dan541 · · Score: 1

      The government needs to stop thinking about whats good for its sponsors and start thinking about whats good for the people. Copyright law has already gone to far!

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    54. Re:WTF?! by Dan541 · · Score: 1

      The difference between government sponsors and tax payers is that the government needs to satisfy the sponsor in order to get paid.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    55. Re:WTF?! by lpq · · Score: 2, Interesting

      Do they have well funded lobbyists?

      That's an idea...maybe the people need a federal office of lobbying for lobbying for the PEOPLE?

    56. Re:WTF?! by Caedes.Leighton · · Score: 1

      Then in twelve years you'll complain about how high the taxes are, and how ridiculously rich the politicians are! Not that any politician has ever been poor.

    57. Re:WTF?! by Anonymous Coward · · Score: 0

      "That went straight out the window ages ago. Didn't you get the memo?"

      In capitalist America profit gives way to mediocrity!

    58. Re:WTF?! by weber · · Score: 1
    59. Re:WTF?! by SenseiLeNoir · · Score: 1

      Actually, there is a counter argument to that too.

      Here in the UK, we have the House of Commons (the elected lot, including the prime minister).

      You also have the house of lords. Which many see as the "priviedged" peers, who are not alected, and totally "undemocratic". However, its only thanks to the House of Lords recently that some truly draconian laws have been kept in check (hence why Tony Blair really wanted to reduce their veto powers).

      I guess there are rights and wrongs to any form of government. but all should be representing the people, which is were things go wrong, whoever is in charge.

      --
      Have a nice day!
    60. Re:WTF?! by Snaller · · Score: 1

      Yep.
      There sliding towards the dark side.

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    61. Re:WTF?! by Tweenk · · Score: 1

      People in power SHOULD be rich. Say what you want but rich people are less prone to lobbying and bribery. They also want to protect their possessions, so they are less likely to do something truly stupid.

      --
      Those who would give up liberty to obtain working drivers, deserve neither liberty nor working drivers.
    62. Re:WTF?! by sumdumass · · Score: 1

      How about confidence in the system on the part of the electorate?

      I think the point here is not so much that the mechanisms of democracy have been removed. Rather it's that a system that worked well for a nation with tens of thousands of citizens doesn't appear to have scaled particularly well for a nation with hundreds of millions of voters.

      I don't think confidence is anything germane to a democracy other then the trust of the people. I incorrectly read the original post and thought it said we let them take something instead of we are were we are. But that being aside, all the elements of a democracy are there and I strongly believe that the education is the fundemental problem with why we are the way we are today. People expect more then they should from the government and they don't have a solid grasp on the reasoning behind why it exists in this country and in the form it is in. The confidence will come back when that knowledge becomes a common thought among the people.

      "War is Peace; Freedom is Slavery; Ignorance is Strength."

      I'm not sure what your attempting to prove with that statement. But it is common knowledge that the term public servant is just a wording for someone who works in the public service or civil service. The civil service and public service are two names for the same thing, a set of jobs done for the government instead of normal business in the private sector. The term public servant was never used in American government until the civil service was set up and the term is only a carry over from the public service name. All it means is someone who works for the government. Now, the government might have the public as a customer but outside that, there is no duty or obligation to the public except where the office is overlapping with the needs of the public. This is why you see government doing things to benefit business at the expense of the public, because the government needs the jobs to be present for the people to work. This is why you see politicians who take positions contrary to what the majority of the people want, because they see the benefit to the governed more then what the people want. And in the end, I'm pretty happy that we have a republic like we do, because the wisdom of an individual in a position to see is typically wiser then the stupidity of the crowd.

    63. Re:WTF?! by Anonymous Coward · · Score: 0

      What about what's good for PEOPLE????!!!!

      That went straight out the window ages ago. Didn't you get the memo?

      Nope. I am using Linux.

    64. Re:WTF?! by hobbit · · Score: 2, Informative

      I think it just seems that way, because though corporations enoy the rights of people they bear few of the responsibilities...

      --
      "Wise men talk because they have something to say; fools, because they have to say something" - Plato
    65. Re:WTF?! by thisissilly · · Score: 1

      We'd only be giving (on average) 50 people a year a pension. Let's say for easy math, they all live another 100 years after retiring. So at peak payout, we're paying 5000 people ~10x minimum wage; let's round up for easy math and say that's $10/hour, 2000 hours/year, or $20k/year. $20k*10*5000=1 Billion/year. When it comes to US budgets, that's not a lot. It's about $33 in taxes, per person, surely worth it to eliminate career politicians, massive "re-election" campaigns and their briberyfundraising, etc.

    66. Re:WTF?! by electrictroy · · Score: 1

      Excellent post.

      We do have thousands of representatives; 535 at the national level, and ~300 at the state level. Some also have representative councils at the county level. These guys are *supposed* to divide-up the work, with varying jurisdictions as defined by the U.S. and State Constitutions, but since FDR's New Deal, Congress now uses the "if it affects commerce, we will regulate it" argument to control just about everything.

      That's a very poor way of handling things. The national government should not be able to regulate near-everything. MOST of the problems should be handled at the State level, where the representatives are closer to the common man.

      --
      The government is not your daddy. Its purpose is not to raid middle-class neighbors' wallets and give it to you.
    67. Re:WTF?! by Wildclaw · · Score: 2, Insightful

      People in power SHOULD be rich. Say what you want but rich people are less prone to lobbying and bribery. They also want to protect their possessions, so they are less likely to do something truly stupid.

      Yeah, that theory has worked so well in the US......NOT.

      This isn't some 3rd world country we are talking about where goverment earn so little that they have to support themselves via bribery. The salaries are good enough to support a family without problem.

      You still get gluttony corruption, but that is just as likely to affect rich people because it has little to do with actual need for money and more to do with a want for more.

    68. Re:WTF?! by ckaminski · · Score: 2, Interesting

      The technology is here, let everyone have their vote. Politicians can still get paid for writing laws, but all of America gets to vote for them.

    69. Re:WTF?! by Thaelon · · Score: 1

      Select politicans by random. It is fair and ensures that no societal special interests get any priority.

      I like this idea except for there should be a form of filtering after the random selection so we don't get guys like these running the country.

      Maybe a basic logic or IQ test and a "do you believe you're the a deity/the president" test. There is "ordinary citizen" and there is bat-shit insane. Let's confine our representatives to the former.

      --

      Question everything

    70. Re:WTF?! by phoomp · · Score: 1

      Exactly!

    71. Re:WTF?! by snowraver1 · · Score: 2, Insightful

      RAmen to that! Every vote in parliment should be a question put to the people. Oh, so you want to call an election do you? Well, the people think it's a waste of money, tough balls, stick out your minority government. Oh, the RIAA & Co. want more strict penaltys for downloaders. Tough luck, the people don't. Retroactive immunity to telcos? Let 'em burn, we hate them anyways.

      --
      Copyright 2010. All rights reserved. This comment may not be copied in any way including, but not limited to caching.
    72. Re:WTF?! by NickFortune · · Score: 1

      But that being aside, all the elements of a democracy are there and I strongly believe that the education is the fundemental problem with why we are the way we are today.

      Mmmm.... I think the problems of most modern western democracies go deep than public education.

      War is Peace; Freedom is Slavery; Ignorance is Strength."

      I'm not sure what your attempting to prove with that statement.

      Just pointing out that there's something nicely Orwellian about the assertion that public servants are not in fact there in order to serve the public.

      But it is common knowledge that the term public servant is just a wording for someone who works in the public service or civil service

      I take issue with the "just". They are supposed to serve the public. That's why they call it "service". You can tell me that no one in office takes that obligation seriously, and I might believe you. I might even accept that the expectations have fallen so low, that no one expects any better of today's politicians. But as far as I'm concerned, it's still on the job description.

      This is why you see government doing things to benefit business at the expense of the public, because the government needs the jobs to be present for the people to work. This is why you see politicians who take positions contrary to what the majority of the people want, because they see the benefit to the governed more then what the people want

      Whatever happened to "by the people, of the people for the people", I wonder. Instead, you seem to be asking us to accept that "of the people, by two main political parties, for the multinational corporations" is what was always on the table. I think you may have something of a mountain to climb, if that's the educational program you hope will make everything all right once again.

      --
      Don't let THEM immanentize the Eschaton!
    73. Re:WTF?! by kvezach · · Score: 1

      So pick 4500 at random and have these elect 450 among their numbers, using a reasonable PR algorithm. That should remove the most crazy while preserving general proportionality.

    74. Re:WTF?! by Anonymous Coward · · Score: 0

      Exactly, since the spirit of copyright law has long been ignored by the letter of the law, I no longer consider it valid.

    75. Re:WTF?! by sumdumass · · Score: 1

      Mmmm.... I think the problems of most modern western democracies go deep than public education.

      I don't see it that way. From what I can tell, most people's beef with western democracy stem from not understanding it's role, how it works, or the historical perspective of the countries system. This is most obvious in the US. Ask a random person what the problem is, they will start by saying something about the electoral system with the electoral college, then they look at the micro bias surrounding themselves thinking that the "public will" is something other then it is or they can't understand that what's good for the country, state, county, city, whatever, isn't as important as what the people want. And no, politicians don't take an oath to uphold and protect the people, they do so on the function of government they serve and take the oath upon the laws and foundations for the government.

      Just pointing out that there's something nicely Orwellian about the assertion that public servants are not in fact there in order to serve the public.

      I would say that you fall into the group I was mentioning above then. Serving the public is only part of the aspect of their office and entitlement. It by no means is the entire purpose and in most cases, it isn't even the most important purpose.

      I take issue with the "just". They are supposed to serve the public. That's why they call it "service". You can tell me that no one in office takes that obligation seriously, and I might believe you. I might even accept that the expectations have fallen so low, that no one expects any better of today's politicians. But as far as I'm concerned, it's still on the job description.

      No. The term service is similar to the armed services. The army doesn't serve the people, it serves the government. The entire term service has to do with jobs done for the government instead of the private sector. There is no service and in customer service or a waiter serves your food at all in it. This is where education would be helpful, you shouldn't have the idea that service in the sense of public service or civil service means anything remotely like serving someone. It means working for the government and anything other then that is imposed by a variant definition. Here, Look at this, and this I know it is Wikipedia but it is consistent with the truth.

      This romantic ideal of the government working for you is a relatively new one and is the basis of the disconnect that is among most people who are dissatisfied with the republic/democracy they live under.

      Whatever happened to "by the people, of the people for the people", I wonder. Instead, you seem to be asking us to accept that "of the people, by two main political parties, for the multinational corporations" is what was always on the table. I think you may have something of a mountain to climb, if that's the educational program you hope will make everything all right once again.

      Lol.. First of all, that is a portion of the Gettysburg Address, A speech made by the 16th president (some 80-90 years after the US came into existence) not any founding document. Second, your taking it out of context because either your high school civics teacher failed you or you simply didn't pay attention at the time. "By the people" means that the people can become law makers and make laws concerning what effects them, there is no social class of separation where someone is excluded from participating in the structure that governs them and it isn't a system where someone thousands of miles away implement laws to benefit some other entity who's only relations to the governed body is revenue. This is ironic because at the time, women and minorities were still denied participation in the govern

    76. Re:WTF?! by NickFortune · · Score: 1

      OK. There's a lot of stuff I could pick up on there, and probably will before we're done with this. But first I'd like you to answer a couple of questions.

      First of all, what do you call this system that you're describing. I don't want to be quibbling over "democracy" vs. "republic" for the whole debate. Pick a name and I'll use it. What do you call this thing?

      Secondly... I've always been a strong supporter of democracy at least to the extent that it implements the will of the people. This doesn't sound much like that. So my second question is what's so good about this system that you're describing? Why should I support this system you describe given that it sees no difficulty with empowering corporations at the expense of voters, and prioritises its own objectives (whatever they may be and whoever they may benefit) over those of the electorate.

      Why should I support this vision of yours, as opposed to seeking a fairer system, one more representative of the will of the people. Because I can't see anything at all admirable or desirable about the system you describe.

      --
      Don't let THEM immanentize the Eschaton!
    77. Re:WTF?! by Randym · · Score: 1
      That is why I support randomocracy. Select politicans by random.

      Hey ... me too! (Except you misspelled random and didn't capitalize it: that should be: "Select politicans by Randym." Fixed that for you. 8^D )

      --
      DNA is a Turing machine. You, however, being dynamic and emergent, are not.
    78. Re:WTF?! by ceoyoyo · · Score: 1

      Well, there's something else you could have meant by historical givens: women. I thought you might have meant slaves. You also could have meant immigrants. Or children of immigrants (either parent). Or debtors (or anyone who's ancestor was a debtor).

      I really don't think I'd hold up Athens as a good example of democracy. It was ahead of most of what existed at the time, but to someone raised in a western country today it really wouldn't be recognizable as something we'd call democracy.

    79. Re:WTF?! by ceoyoyo · · Score: 2, Insightful

      I disagree. I think there are lots of people who would make excellent politicians but they don't want to devote their lives to it. With the system most of us have today (including the US), in order to get enough money to run a campaign you basically have to sell yourself to some corporations. By the time you're elected you're bought and paid for.

    80. Re:WTF?! by sumdumass · · Score: 1

      OK. There's a lot of stuff I could pick up on there, and probably will before we're done with this. But first I'd like you to answer a couple of questions.

      First of all, what do you call this system that you're describing. I don't want to be quibbling over "democracy" vs. "republic" for the whole debate. Pick a name and I'll use it. What do you call this thing?

      We are talking about both. You can't separate them in the US because we are a representative democracy that is formed under a republic and uses elements of democracy. One such element is in selecting representatives. Others might be ballot measures and so on but you will never see a true 100% democracy because it replaces the government with a sort of mob rule.

      Secondly... I've always been a strong supporter of democracy at least to the extent that it implements the will of the people. This doesn't sound much like that. So my second question is what's so good about this system that you're describing? Why should I support this system you describe given that it sees no difficulty with empowering corporations at the expense of voters, and prioritises its own objectives (whatever they may be and whoever they may benefit) over those of the electorate.

      Government isn't really the "will of the people" except when it is in agreement with the betterment of the country. A good example of this might be the recent Fannie Mae and Freddie Mac bailouts. The majority of people don't like it but the government knows that because these are government sponsored enterprise and that they sold loans that were government backed, and because their asset pool with the help of government is roughly 30% of the GDP, we either bail them out now, or we will bail them out later but with some severe negative effects on the economy that would compound the damage. So the government is going to ignore all the people who either don't understand that or haven't even looked at that aspect and bail these companies out.

      You don't have to support it, but make no illusions that you don't live under it or that the government is supposed to follow the will of the people. That has never been, and will never be, the way the government in the US works and will probably never be the way it works in any other country that isn't dirt poor or long forgotten. So basically, what you want is little more then ideals that have never been implemented in a true form.

      If you need to know what is so good about the American system of government, then your high schools civics teacher has really failed you. First, it limits the effect of mob stupidity that will be evident in all "majority rules-what does this crowd think". I mean lets take the Will of the people as an example, the bail out of the GSE, we're talking about 700 billion compared to a little over 4 trillion that we would be stuck with of they fail outright. And that doesn't even begin to touch all the money that would be locked up and out of circulation. To bail out or not is the stupid question that we shouldn't be asking. What we should be asking is does this plan put them back into a position that they can operate without failing. If it doesn't change it, if it does, pass the plan and ignore the masses who say don't bail them out.

      Look at Michigan, they browbeat the industry up there for years. The people wanted something, the government gladly gave it to them. When it came time to pay, the people's will was to make the corporations pay, and now they have nothing. Almost all of their major industry has left the state leaving the populous unemployed at levels far beyond anything that unemployment compensation could cover. It dropped their tax base by so much that a lot of communities are operating in bankruptcy and an act of law is the only thing keeping them alive. GM reopened a plant about a dozen years ago just to have the people strike for better pay and to make seasonal employees full time even if that meant sitti

    81. Re:WTF?! by sumdumass · · Score: 1

      Nonsense.

      If you had views that match the majority of voters, and support for those position that you bring to the front of the pack, you can run for and get elected quite easily without having to sell out to any corporation.

      It all depends on who you are, your exposure to the people, and your experience. I have personally raise almost $400,000 in six months for a local campaign and he got elected with less then 1 million. In fact, the candidate I helped with ended up going to the state senate with less then 2 million and he has never sold out or had to rely on a large political party for funding.

      Just because you can't see how it can be done doesn't mean it can't. and No, you don't need to be a career politician to do it either. The candidate I helped with was for term limits and not only promised to set limits but agreed to follow them even if he couldn't make it law.

    82. Re:WTF?! by ceoyoyo · · Score: 1

      Oh, only a million dollars? Political power at a bargain price!

      Money shouldn't be a concern AT ALL to get elected. You certainly shouldn't need a million dollars.

      What did you spend the million on anyway? Advertising? Election signs? Those are exactly the kinds of things that help the voters make an informed choice about who best represents them.

    83. Re:WTF?! by NickFortune · · Score: 1

      We are talking about both. You can't separate them in the US because we are a representative democracy that is formed under a republic and uses elements of democracy.

      Sure you can. Democracy is a system for choosing leaders by means of popular vote, while a republic is a nation that is not ruled by a king. See? One is an electoral mechanism, the other describes the govermental form. It's entriely possible to discuss either in isolation.

      I only mention it, because I've noticed that some people, especially on the political right, like to conflate the two ideas when they get into difficulty. One debater makes a telling point about the government only to be told that he lives in a democracy and has to abide by the rule of the elected government. But if the same debater later points out that the government is being undecomcratic in some way, he is told that he lives in a republic, not a democracy and that his complaint is thus invalid.

      In this case, I at least was talking about democracy, purely in the sense of how a country's leaders are selected. I'm not talking about the US as republic. Not that "repubic" tells us an awful lot anyway; the term is equally valid when applied to the People's Republic of China and Robert Mugabe's Zimbabwe, so I don't see the term as being in any way germaine. Still, it would help if we could at least agree on the terminology.

      Government isn't really the "will of the people" except when it is in agreement with the betterment of the country.

      I don't believe that's set down in stone anywhere. It's one political theory, perhaps, about what the priorities of government ought to be. But I don't think it's anywhere accepted that the will of the people must be subordinate in order for governemnt to take place. Now it might be true of the US government, but even then, I believe that's open to debate.

      You don't have to support it, but make no illusions that you don't live under it or that the government is supposed to follow the will of the people. That has never been, and will never be, the way the government in the US works and will probably never be the way it works

      That's not an either/or choice though, is it? There's a whole spectrum possible governmental postures in between absolute subservience to the people and absolute contempt for them. I would contend that current state is way too far over towards the "contempt" side of the scale at the moment.

      If you need to know what is so good about the American system of government, then your high schools civics teacher has really failed you

      Quick news flash: I'm not a US citizen and never had a "civics" teacher. That said: until fairly recently, I thought I did understand what was so good about the US system of government. Right now though, you're very busy trying to persuade me that all those things I admired are purely the product of my ignorance. Hence I asked you to explain.

      it limits the effect of mob stupidity that will be evident in all "majority rules-what does this crowd think".

      Pshaw! That's a virtue it shares with Britain under George III, the Soviet Union under Stalin and North Korea under the Kims. Pol Pot insulated the process of goverment from mob stupidity, as did Robert Mugabe. You'll have to do better than that, my friend.

      Umm... you got so carried away with Freddie Mac and Fannie Mae that you never did get around to your second point. You did have a second point, I take it?

      Support my vision? This is the vision this country was founded on

      You've got a fair way to go to make that particular point stick. You quoted from point the Declaration of Independance, pointed out that it didn't explictly say "the government serves the people first" and from that, you appear to conclude that the founding fathers

      --
      Don't let THEM immanentize the Eschaton!
    84. Re:WTF?! by sumdumass · · Score: 1

      Sure you can. Democracy is a system for choosing leaders by means of popular vote, while a republic is a nation that is not ruled by a king. See? One is an electoral mechanism, the other describes the govermental form. It's entriely possible to discuss either in isolation.

      Wow.. You mean your actually sitting here defending something that you don't know what is? Here, before you go any further, check this out. And while your at is, you might as well look at this too. Ignore the fact that they are Wikipedia pages, it will give you enough of a start that you can look elsewhere for more authoritative references.

      A Democracy is a system where the decisions of the state are controlled by the people. We are not that. We are a representative republic that uses elements of democracy within it. Your definition of a democracy actually Mimics the system I have been talking about. I can tell you need to do a lot of reading.

      I only mention it, because I've noticed that some people, especially on the political right, like to conflate the two ideas when they get into difficulty. One debater makes a telling point about the government only to be told that he lives in a democracy and has to abide by the rule of the elected government. But if the same debater later points out that the government is being undecomcratic in some way, he is told that he lives in a republic, not a democracy and that his complaint is thus invalid.

      That's just nonsense. We don't live in a complete democracy or a complete lack of one. We live in a republic that is also a democracy but on a limited scale. We have a choice in our leaders and on ballot issues like levees, bond issues, and ballot initiative that bring laws directly to the people. We don't control what the elected officials do or say, but we agree and disagree with based on the issues they run on. But the elected leaders are responsable to the position he is elected to, not the people who may have or may have not voted for him. Of course, during the campaign, they make promises, some of which they can keep and some they can't.

      In this case, I at least was talking about democracy, purely in the sense of how a country's leaders are selected. I'm not talking about the US as republic. Not that "repubic" tells us an awful lot anyway; the term is equally valid when applied to the People's Republic of China and Robert Mugabe's Zimbabwe, so I don't see the term as being in any way germaine. Still, it would help if we could at least agree on the terminology.

      Well, there is our point of disconnect. I was, am and still are talking about the US and the US government system. I'm sorry I didn't see that you were floating around the world governments with your comments.

      I don't believe that's set down in stone anywhere. It's one political theory, perhaps, about what the priorities of government ought to be. But I don't think it's anywhere accepted that the will of the people must be subordinate in order for governemnt to take place. Now it might be true of the US government, but even then, I believe that's open to debate.

      Again, I'm talking about the american system but unless your living in a true democracy, that potential is there. There is really no reason to have elected officials if they have to find and follow the will of the people.

      That's not an either/or choice though, is it? There's a whole spectrum possible governmental postures in between absolute subservience to the people and absolute contempt for them. I would contend that current state is way too far over towards the "contempt" side of the scale at the moment.

      Yes, but not in the US. The US government is created by the constitution and no where doe it say

    85. Re:WTF?! by sumdumass · · Score: 1

      Well, I said less then but that's besides the point because he raise just about 1 mill. Most of the money was consumed by television and radio advertising and it was necessary because of the backers of an issue he ran against did the same. Some of it went to a two month billboard spot at three locations, election signs, and so on. Getting the message out and letting the voters know that there was a choice in the issue was expensive, especially seeing how he didn't have a major party backing him and was new to politicking (he was known in the community, just not known to be in politics)

      But he didn't spend all of the money. I forget the actual amounts or what was left over. But just because you raise the money, it doesn't mean that it all has to be spent. What is left over can be used for future campaigns, donates to other campaigns, donated to specific charities, given back to the contributors and so on. I believe that he kept the excess and used it for future campaigns.

      The point I was attempting to make is that it is relatively easy to raise the funding to run a campaign. I raised almost half a million in six months ($400,000) by doing simple things like going the church route and passing a collection plate around a few dozen times at a couple $5 all you can eat hog roast that also passed out fliers and had a short speech from the candidate. We raffled off two butchered hogs, one went to the winner and one went to the country home (a sort of homeless shelter with transition and job seeking services). We had gathered local bands and got a field for them to play in and had a mini concert with speeches from the candidates and of course collection plates.

      I think his message did most of the work which takes me back to the point that it is reletively easy to get into politics if your views match the majority of voters, and they support those positions that you bring to the front of the pack.

    86. Re:WTF?! by ceoyoyo · · Score: 1

      My point exactly. You HAD to (raise and) spend a million dollars because the other guy did. Elections should NOT depend on how much money you have to spend, in any way.

      What was your candidate running for? Some local post, yes? How about a powerful national position like president? The few independent candidates I remember in my lifetime have all been billionaires. The non-independent ones have been career politicians -- pretty much have to be to have worked their way up in their parties.

    87. Re:WTF?! by sumdumass · · Score: 1

      And my point was that the money wasn't a limiting factor. Of course when you live in cities that have a population of almost an entire state back in 1860, you need an exponential amount of money to reach the people. Posters and signs are great and all but you have to get a message out before you can get permission to put them on private property.

      BTW, he ran for mayor but was up against a few special interests that were planning a land fill right next to one of the natural lakes in the city. This was in the mid 90's but 1 mill seems like a deal compared to some of the races out there today capping over 6 million for mayor.

      Anyways, most of the money was used to fight the issues he was running against. This wasn't a normal race by any means. Had it been, he probably could have gotten by with less then half a million.

    88. Re:WTF?! by NickFortune · · Score: 1

      I think I see where you're coming from with this now. The idea is that the US government is a republic with some democratic elements, correct?. So, the idea is that they electorate get the obligation to abide by the result of elections because that's democratic, but the government keeps the right to ignore the electorate, if they feel that's for the best. And the reason for this is that, not being a democracy per se, they have no reciprocal obligation to consider the electorate.

      Is that about right?

      Well, there is our point of disconnect. I was, am and still are talking about the US and the US government system. I'm sorry I didn't see that you were floating around the world governments with your comments.

      I was talking about modern western democracies. The clue was when I used the phrase "modern western democracies". I know you read that part because you replied thus:

      From what I can tell, most people's beef with western democracy stem from not understanding it's role

      So you were talking about western democracies there, and now you're only talking about the US. If anyone's floating around, my friend, that would be you.

      Again, I'm talking about the american system but unless your living in a true democracy, that potential is there. There is really no reason to have elected officials if they have to find and follow the will of the people.

      Really? Suppose we wanted do devise a political system to implement the will of people. How would you do it apart from having communities elect representatives to argue their case in parliament/congress/what have you? How would you have done it with 18th Century technology?

      I don't see how else you'd do it if not using elected representatives. There may be other possible explanations for what your founders had in mind but I don't think we can rule implementing the people's will based on the fact that they said "hold elections".

      The US government is created by the constitution and no where doe it say to follow the will of the people.

      Which doesn't, of course, mean that such wasn't what they had in mind. I can't find anywhere in the document where it says whose interests the US Government should place first.

      It talk about regulating commerce and all the other stuff necessary to be a functioning government but says nothing about doing what the people want.

      Exactly. All really says is that they thought sensible government was basically a good idea. All we can really say from the constitution is that it doesn't address the question at all.

      No, limited input doesn't mean absolutely no input. What it does is not create a set of dictators but a set of representatives who aren't beholden to idiocy. Under King George, Stalin, Pol Pot, you weren't able to state your case or convince the politician that your position wasn't idiocy.

      Of course you could. Courtiers were the first lobbyists, and existed for no other reason than to try and influence the ruler. The soviet union had elections - there was only one party on the ballot sheet, but anyone who wanted to join the communist party could see abut getting elected so they could change things. As Gorbachev and Yeltsin eventually did.

      I won't claim these were hugely effective ways of influencing the governemnt, but then you did say that "limited" is sufficent. So the question then becomes just how limited can the public input become before tyranny sets in? And how far are you willing to see participation become limited in your own country?

      Freddie Mac and Fannie Mae were examples not points.

      Indeed . And you got so carried away with your examples that you never did give a "secondly" to go with your "firstly". Which is sad really. Your "firstly" was less that compelling to beg

      --
      Don't let THEM immanentize the Eschaton!
    89. Re:WTF?! by sumdumass · · Score: 1

      I think I see where you're coming from with this now. The idea is that the US government is a republic with some democratic elements, correct?. So, the idea is that they electorate get the obligation to abide by the result of elections because that's democratic, but the government keeps the right to ignore the electorate, if they feel that's for the best. And the reason for this is that, not being a democracy per se, they have no reciprocal obligation to consider the electorate.

      That would be about it. Except for the fact that they need the electorate to remain in power so they have to have quite a bit of consideration or in 2 or 4 years, someone else will take the job. This leans it more towards what the people want but allows a different decision to be made when circumstance dictate it to be the better course of action.

      I was talking about modern western democracies. The clue was when I used the phrase "modern western democracies". I know you read that part because you replied thus:

      Yep, I read it but it didn't click until the last post you made where you actually spelled it out.

      So you were talking about western democracies there, and now you're only talking about the US. If anyone's floating around, my friend, that would be you.

      Well, lets see what else is in that statements.

      "I don't see it that way. From what I can tell, most people's beef with western democracy stem from not understanding it's role, how it works, or the historical perspective of the countries system. This is most obvious in the US. Ask a random person what the problem is, they will start by saying something about the electoral system with the electoral college, then they look at the micro bias surrounding themselves thinking that the "public will" is something other then it is or they can't understand that what's good for the country, state, county, city, whatever, isn't as important as what the people want. And no, politicians don't take an oath to uphold and protect the people, they do so on the function of government they serve and take the oath upon the laws and foundations for the government. Do you see where I'm talking about the US now? I think it is pretty clear with the talk about the electoral college and specifically mentioning the US.

      Really? Suppose we wanted do devise a political system to implement the will of people. How would you do it apart from having communities elect representatives to argue their case in parliament/congress/what have you? How would you have done it with 18th Century technology?

      Lol.. I can see your not talking about a democracy here. Any time you give some one else the ability to speak for you, you are giving them control over that decision. For instance, lets say we have such a government and I'm a representative. First of all, I would have to poll the people on every decision, poll them again when a bill or a law changes after they are educated about the changes and how it could effect the original position, and then follow the majority of the People in casting that decision. And yes, you need to poll the people instead of just listening to their rants other wise you following the will of the loudest people or the most articulate people and not the "will of the people". Now, I'm a representative, I have to follow the will of the people, I polled them 60 times to find out what that is when everything changed and I know what they want me to do. Of course with voter turn out not being 100% I'm only following the will of the people who showed up to vote the final time so it still might not be all inclusive. So what do I do now? I can't persuade other representatives that my constituents have the right idea or that if we pass the bill into law it will economically harm my constituents, right? Because the other representatives have to do the polling and follow the

    90. Re:WTF?! by NickFortune · · Score: 1

      I think we have one too many broken blockquotes in there (yours and mine) and it's getting to hard to tell who said what and when. So I'll pull a few points out of it all and we can start again from there if need be.

      That would be about it. Except for the fact that they need the electorate to remain in power so they have to have quite a bit of consideration or in 2 or 4 years, someone else will take the job

      And they go to take a cushy seat on the board of some large company, made special peace envoy to the middle east - some such sinecure provided by whatever special interest they pandered to at the expense of the electorate. And the next guy in, seeing which side his bread is buttered on does the same. So the threat of not being re-elected doesn't seem sufficient to keep them honest. Maybe it was once, maybe we're just getting better informed. But whichever way, it doesn't seem to be doing a very good job right now.

      The will of the people isn't ignored. If it is good and sound, it will mirror that of any politicians. But when there are problems with it, the politician has that right to ignore what the people want

      All you're saying here is that the will of the people will be followed if the politician damn well feels like it. Again, this has been true of almost every government and ruler in history. It makes no difference

      You also appear to presuppose that the elected leaders are going to be wise, ethical and responsible. I don't think that's a sensible assumption.

      I'm assuming that you realise that managing a family of three presents some distinct issue from managing a nation of three hundred million?

      NO, it does carry the same principles

      Some of the same principles, certainly - I never claimed the cases were totally disjoint. On the other hand there are some significant differences that you don't seem to be taking into account. For instance:

      • the majority of families have mutual bonds of love and affection. These emotions make it unlikely that any one member of the family will be systematically and unfairly exploited by the others. These emotional restraints are not there for a politician with tens of thousands of voters, most of whom he will never know personally, let alone care for except perhaps in the most abstract sense.
      • If the children in a family decide to strike, the family does not starve. The source of the capital in the family is also the one in whom power is vested. This is not the case for an elected politician. He may work at his job, but he doesn't produce the totality, or even the vast majority of the output of the state.
      • When children are angry about the restrictions placed upon them, this can generally be resolved by sending them to their room. This approach does not scale well to millions and hundreds of millions. In particular, when children throw temper tantrums, it very rarely results in widespread violence, insurrection and the execution of the ruling elite. History suggests that this may not always be the case with badly governed nations.

      In general, it seems to me that the failure modes for government are rather more severe than they are for families. To the extent that drawing conclusions about government by analogy with family life is must be considered foolish in the private citizen, and almost criminally irresponsible in the politican.

      The British elitist and comment before is your comments, not mine.

      We've both been a little sloppy with our blockquote tags. I was neither the first nor the last to mis-mark a quotation in this discussion, so you needn't wear out that high horse on my account. That said, a little more care on both our parts wouldn't hurt, particularly in a thread as complex as this one.

      And you wrong, it isn't an undeniable truth, just because

      --
      Don't let THEM immanentize the Eschaton!
    91. Re:WTF?! by sumdumass · · Score: 1

      Sorry about that, I should have previewed by got rushed.

      And they go to take a cushy seat on the board of some large company, made special peace envoy to the middle east - some such sinecure provided by whatever special interest they pandered to at the expense of the electorate. And the next guy in, seeing which side his bread is buttered on does the same. So the threat of not being re-elected doesn't seem sufficient to keep them honest. Maybe it was once, maybe we're just getting better informed. But whichever way, it doesn't seem to be doing a very good job right now.

      Well, you cannot deny someone employment after serving the public trust. It would just be wrong. And we aren't really talking about ditch diggers and restaurant line cooks who went to Washington either. They will be getting jobs at businesses, they will be taking board jobs, managerial jobs and stuff like that. I'm not going to deny that someone might take advantage of their positions and do something like that, but it isn't like one proves the other. There are plenty of people who won't do that and there are plenty of people who ended up in jail because of that. There are ethic boards, laws, and several other things that are designed to catch and stop stuff like that.

      All you're saying here is that the will of the people will be followed if the politician damn well feels like it. Again, this has been true of almost every government and ruler in history. It makes no difference

      You also appear to presuppose that the elected leaders are going to be wise, ethical and responsible. I don't think that's a sensible assumption.

      No, I'm saying that the will of the people will be followed when it is prudent to do so. I'm saying that the will of the people isn't always the best course for the country. I'm saying that you as an individual, or through the process of banding together with others, have the ability to show congress or the president that either your way is better or the will of the people is better or worse then some other way.

      The will of the people is no supreme bank on knowledge that should be held higher then everyone elses. The civil war was fought for the most part to preserve the Union, Not to end slavery which was stated as a goal only after the north was initially loosing and Lincoln needed to gain more support for the war. If we followed the will of the people, we would still have had slavery in the US today. If we followed the will of the people, we would still have the tom crow laws of the south that was a direct result of mismanagement after the civil war. If we followed the will of the people, American would have never gone into Europe in WWII. I see some big flaws in the logic of the will of the people in the last 200 years that would have changed the way the entire world looks right now (most likely for the worse) if the politicians in America always followed the will of the people.

      I also don't think the politicians are inherently evil. Most people who do end up having some prejudicial bias that imposed qualities onto people instead of looking at what they brought to the table. I guess you can say that I'm the optimistic pessimist in where I see everyone who ends up getting elected as having good intentions, being honest, and trustworthy but I know some of them will fail at the task at staying that way. But that doesn't mean they won't be doing good for the country either. They have to live in the country which means there is a natural limit to what they will do as well as laws that will take their freedoms away of they go too far in corrupt self serving politic.

      You seem to think that if a politician sides with a corporation it is a bad thing, I don't. We need industry around to provide jobs, taxes, and to keep the economy going that makes the people comfortable. If we drive them out of business or into another country catering to the will of the people, the people will be worse off then b

    92. Re:WTF?! by NickFortune · · Score: 1

      Sorry about that, I should have previewed by got rushed.

      Easy done - especially on long and complex discussion like this one.

      Well, you cannot deny someone employment after serving the public trust. It would just be wrong.

      I entirely agree. That said... there are private sector jobs where a condition of employment is not working for certain industries within a year or two of leaving the post. Why not prevent these people from taking jobs with the corporations or industries on whose behalf they've campaigned so vigorously? I mean if it _is_ their skills and experience they're being hired for, then that will be valuable in other areas of commerce. On the other hand, if it's purely a reward for looking after vested interests, then they probably shouldn't be allowed to take it.

      I'm not going to deny that someone might take advantage of their positions and do something like that, but it isn't like one proves the other.

      You mean the fact that there exists an avenue for corruption doesn't mean the corruption is happening? That's fair, and I don't know US current affairs well enough to offer concrete examples. All the same, conceding the point purely for the sake of argument, if you find a exploit in some software, you don't say "oh well, no seems to be using it right now, so it's probably all right". What you do is you fix it.

      All you're saying here is that the will of the people will be followed if the politician damn well feels like it. Again, this has been true of almost every government and ruler in history. It makes no difference

      You also appear to presuppose that the elected leaders are going to be wise, ethical and responsible. I don't think that's a sensible assumption.

      No, I'm saying that the will of the people will be followed when it is prudent to do so. I'm saying that the will of the people isn't always the best course for the country. I'm saying that you as an individual, or through the process of banding together with others, have the ability to show congress or the president that either your way is better or the will of the people is better or worse then some other way.

      Ah, but who decides what is prudent? The same politicians of course. Which means that a politician determined to pursue his own agenda and can ride roughshod over the will of the people with no consequence. You have a distinction here that makes no functional difference. It might be useful for party dogma, but in practical terms it has no relevance.

      And yes, the system works fine if you assume that the rulers are basically clever, compassionate and wise, But then, _any_ political system works if you take that for granted, from dictatorship to communism. The mettle of a political system is how well it works when it is governed by the stupid, foolish and/or uncaring.

      Now I expect that you want to respond that the electoral process and the process by which candidates are selected serves to weed out such people. The trouble is that from a party viewpoint, wisdom, compassion and intelligence are not the highest valued qualities for a candidate. The most important thing is that he (or she) should be able to stand in front of a TV camera, promise all things for all men, and have the electorate believe them. Given a choice between a clever, wise and compassionate klutz and charismatic sociopath, the parties will go with the sociopath every time.

      The will of the people is no supreme bank on knowledge that should be held higher then everyone elses.

      mmmm.... we have a fundamental misunderstanding here. I'm not saying follow the will of the people because they are always wise. I'm saying follow the will of the people because policy has to start somewhere, and asking politicians to set it is like asking that well known metaphorical fox

      --
      Don't let THEM immanentize the Eschaton!
    93. Re:WTF?! by sumdumass · · Score: 1

      I entirely agree. That said... there are private sector jobs where a condition of employment is not working for certain industries within a year or two of leaving the post. Why not prevent these people from taking jobs with the corporations or industries on whose behalf they've campaigned so vigorously? I mean if it _is_ their skills and experience they're being hired for, then that will be valuable in other areas of commerce. On the other hand, if it's purely a reward for looking after vested interests, then they probably shouldn't be allowed to take it.

      I'm not entirely sure that there are jobs who's main requirements or qualifications are specifically tied to government service. I agree that some jobs, like lobbying, would give you a preference concerning your public service but I somehow think those or any job would go empty if no one has worked in the government then applied. Outside of their known connections and influence, I really don't see the problem. With that being said, I think we can keep a better eye on how they use that influence if they do it in the public by taking a job somewhere verses manipulating behind the scenes because their stocks will rise or fall or whatever reason.

      I agree some limitations should be made. But I think they should be in the areas of disclosure where is should be publicly known if a former elected official ever lobbies the government.

      You mean the fact that there exists an avenue for corruption doesn't mean the corruption is happening? That's fair, and I don't know US current affairs well enough to offer concrete examples. All the same, conceding the point purely for the sake of argument, if you find a exploit in some software, you don't say "oh well, no seems to be using it right now, so it's probably all right". What you do is you fix it.

      Well, there are a few prime principles here that make this a lot different then software. First is, you have to have an inherent trust in the people you employ that they aren't serving their own evil needs. This would be akin to a software engineer getting the job at some accounting software firm specifically to put the bug in place so he or someone else could take advantage of it. This gets vetted pretty well in the election process and we generally know where we stand with who is in office.

      The second point is more of a matter of perception. Is the bug actually a bug or a feature. Take windows XP for instance. It uses the system idle process to clean house on memory and page unused things out. Sometimes it doesn't actually know your attempting to do something and thinks it is another background process and uses the majority of processing power in this paging and reorganization process. The effect is that it is slowing your computer down but the reality is that it is doing the back room work that stops your computer from needing to be rebooted every 5 hours or so and it stabilizes the system quite a bit better then previous operating systems. But if you don't know that, it appears to be a problem. So when politicians look and see that bailing out the savings and loans banks or mortgage interests is better then ignoring them because if the banks fail, the government is stuck repaying most of the people for their losses while seeing a severe reduction in tax revenue from the resulting recession that turns into depression. A normal person, and I have met these people, would think that if the government is going to help the banks and mortgage lenders, they need to help them too. They don't realize that this is helping them too.

      Finally, if it really and truly is a bug, fix it. Hold the government accountable. We have seen both democrats and republicans going to jail or up on indictment for bribery charges and other corruption charges. The house ethic comity had forced the resignation of a few members over the last 15 years who have done something that wasn't quite illegal but not ethical either. There is no reason w

    94. Re:WTF?! by NickFortune · · Score: 1

      I think we might need to consolidate this down a little. Fell free to just pick something and state not important any more or something.

      Agreed. What I'll do is pick out what I see as the key points. If you think I've skipped anything important, by all means re-raise it.

      The Copyright Term Extension Act (CTEA) of 1998 which you are referencing was actually the US attempting to bring our copyright terms into line with Europe's to advance a WIPO treaty. According to wikipedia, (I know, always question it) the stated purpose in the senate was to "ensure adequate copyright protection for American works in foreign nations and the continued economic benefits of a healthy surplus balance of trade in the exploitation of copyrighted works."

      mmm... but, citing the same authority, the US was already in compliance with the Berne Convention when they signed up to the treaty. So this wasn't a simple a case of upping the copyright term as required by the treaty. The 1976 act already set the period to the minimum required for Berne.

      So why pass the act? I mean assuming a reason other than naked self interest on the part of Bono and Disney? Let's look at that a bit closer.

      Attempting to gain compliance with European standards in order to give the same protections outside the country as that which is inside the country has been a valid goal before and I don't understand why it can't be again

      That's one of those arguments that makes superficial sense, but doesn't really stand up to closer scrutiny. If the EU had a longer copyright term, then US works would remain copyright in the EU for longer than they would on the domestic market. So US companies could be releasing Marlene Deitrich's greatest hits on cheapo compilation DVDs while those same properties remained locked up in Europe. The US lost nothing under the 1976 act, and gave up competitive advantage under the CTEA. I suppose you could argue that not to do so would have been unfair on European competitors, but somehow, I doubt that was a motivating factor for many.

      What I think happened is that some wonk at some PR agency has said "how the hell are we going to sell this: it's unconstitutional, it's unfair, it's bound to be unpopular - I know, let's equate length of the copyright term with dick size! Damn, those euro bastards have one that's bigger and longer than ours! We need an extension!" And it worked. Didn't make one jot of sense, but sounded plausible enough for long enough to get the measure passed.

      But even if that wasn't the case, constitutionally it's hard to see what useful art of science was advanced by extending the term that wasn't already benefiting from the previous state of affairs. And I've already explained how the arts would be adversely affected by extending the measure. So really, if the constitution is going to be the ultimate criterion by which US laws are judged, then this one should have been kicked out - whether there was a business case for it or not.

      And that's the problem really. The constitution is really, really important if it favours some corporation or other in doing something unpleasant or unpopular. But when it's runs against what a business wants to do, then all of a sudden the most important thing is suddenly business and jobs and the economy and if you don't like that well "what are you - some kind of communist?"

      And with all due respect, I don't think they should be allowed to have it both ways.

      OK; on to business ethics:

      Business ethics are generally encoded into law. Or at least the important ones are

      First, a minor quibble - they're all important. Secondly, the trouble with that attitude is that it leads people to discard the qualification and reason that any business action is ethical if not illegal. For instance:

      Oh come on. What does the hea

      --
      Don't let THEM immanentize the Eschaton!
    95. Re:WTF?! by sumdumass · · Score: 1

      mmm... but, citing the same authority, the US was already in compliance with the Berne Convention when they signed up to the treaty. So this wasn't a simple a case of upping the copyright term as required by the treaty. The 1976 act already set the period to the minimum required for Berne.

      So why pass the act? I mean assuming a reason other than naked self interest on the part of Bono and Disney? Let's look at that a bit closer.

      Probably to stop confusion surrounding all of Europe's terms which were 20 years longer then ours and to not make it desirable for US interest to go to Europe for the extra coverage. Walt Disney and Sonny Bono could have just as well went to Europe, copyrighted their stuff to get the extra coverage, and then had a situation where once US copyright ran ran out, Europe's would cover the work 20 years longer anyways and we were obligated to honoring Europe's copyright. It's entirely possible that in order to get copyright coverage in Europe, they would have to create a present and string some revenue into Europe which has the effect of splitting taxes that the US would have had with different countries in Europe.

      The bottom line is that we would be no better off without the 20 year extension, just confused and perhaps suffering a loss in taxable revenue. Imagine the problems when someone watching the US copyright who has no idea of one on Ireland or France, who starts using something after the copyright expired just to find that everything they remade, Let's call it the New adventures of Mickey Mouse, is still copyrighted and you lose all profits associated with the remake plus penalties. And when you consider the Natural right which Europe and the berne convention have, as soon as something is created, it is copyrighted which makes if troublesome when a company or individual has operations in Europe which would automatically get them coverage.

      Sure, you can say Sonny Bono and Disney benefited from it, but there are a lot of sound reasons that don't even touch them directly too.

      That's one of those arguments that makes superficial sense, but doesn't really stand up to closer scrutiny. If the EU had a longer copyright term, then US works would remain copyright in the EU for longer than they would on the domestic market. So US companies could be releasing Marlene Deitrich's greatest hits on cheapo compilation DVDs while those same properties remained locked up in Europe. The US lost nothing under the 1976 act, and gave up competitive advantage under the CTEA. I suppose you could argue that not to do so would have been unfair on European competitors, but somehow, I doubt that was a motivating factor for many.

      Well, first off, copyright was longer in Europe, that isn't a matter of if. Second, your not considering the treaties on enforcement thought WIPO and other various organizations along the way. You see, your not considering that the EU's copyright can be enforced in the States. So companies with foot prints in any covered Eu country would have had the 20 extra years automatically and the US would have to honor them. So Disney, who has a presence in Europe, if they sent part of any movie or productions to be worked on in Europe, then they would automatically have a 20 years extension that could be enforced in the US by means of cooperative treaty. I don't think you understand this, if something it copyrighted in Germany, they don't have to file for a copyright in the US, the German copyright and ownership is enough to enforce it in the US.

      What I think happened is that some wonk at some PR agency has said "how the hell are we going to sell this: it's unconstitutional, it's unfair, it's bound to be unpopular - I know, let's equate length of the copyright term with dick size! Damn, those euro bastards have one that's bigger and longer than ours! We need an extension!" And it worked. Didn't make one jot of sense, but sounded plausible enou

    96. Re:WTF?! by NickFortune · · Score: 1

      The bottom line is that we would be no better off without the 20 year extension, just confused and perhaps suffering a loss in taxable revenue.

      I think you're grasping at straws here. "Confused" is what the courts and the lawyers are for; "perhaps" is a lousy excuse for passing a bad law.

      So companies with foot prints in any covered Eu country would have had the 20 extra years automatically and the US would have to honor them. So Disney, who has a presence in Europe, if they sent part of any movie or productions to be worked on in Europe, then they would automatically have a 20 years extension that could be enforced in the US by means of cooperative treaty.

      So they transfer the copyright to a euro subsidiary, licence it back to the US branch for a nominal fee and continue as usual. That makes the act even more pointless that before.

      So we are going from stuff that was real and verifiable to imagined conversations from someone who may or may not have existed. I'm not asking you to do anything other then take a look at what was going on at the time.

      Yep. It's a little bit of speculation, clearly marked as such, examining a possible scenario by which supposedly intelligent men and women could have been persuaded to vote in something so fundamentally broken. What's your problem? It's not like I'm trying to present it as fact. That's why I started the paragraph with "What I think happened is ..."

      It really doesn't matter if the arts and science are adversely effected compared to previous limits in place. What matters with the constitution if how they are effected with or without copyright and patents. You can't argue that either is worse of today then if copyright or patents never existed.

      So the extent of the term, doesn't matter - it's purely a binary thing? Then you should go with Jack Valenti's proposal and go for forever minus a day. You can't possibly believe that this is what your founding fathers intended?

      The constitutionality really doesn't come into play outside that it specifically gives congress the ability to make laws concerning it. The promotion of the arts and science is the justification to why congress, and not the states get to control it. It isn't a prime directive to how congress is supposed to make laws.

      But then you're the one who raised the constitution to show that the obligations of elected officials was to the nation first, and to the people second, if at all. That wasn't a question of who got to pass laws about what.

      You act as if the constitution changes daily or something.

      Then I didn't express myself very clearly, for which I apologise. My point is that the importance attached to the constitution by some political debaters seems to vary hugely according to whether or not it supports their point. So, when we talk about whether or not the government should serve the people it's presented as a fundamental document, and one which may not be ignored. We discuss CTEA a suddenly it's depicted as a historical document, with little practical bearing on the real world.

      And I still don't think you can have it both ways

      just because businesses lined up with it, or it somehow works to their advantage or if the government attempts to do something that is restricted by it, doesn't mean that we are communists or anything.

      And I never said you were. What I said was that raising Nation above People, (as you seem to suggest is required by the constitution), has often worked out less well than might have been hoped. It is and remains one of the central tenets both of facisim, and of communism as practiced by Stalin and Mao.

      That doesn't mean that the US is a fascist or communist state. But personally, I'd not be happy to see my natio

      --
      Don't let THEM immanentize the Eschaton!
  2. Blah by Anonymous Coward · · Score: 0

    These same companies would rip you a new asshole if you infringed on anything they copyrighted. You can't have your cake and eat it too.

    1. Re:Blah by A+non-mouse+Coward · · Score: 1

      Yeah, I seem to remember once ordering computer parts from an e-tailer called "GoogleGear.com", which was an infringement upon Google's name and promptly shut down.

      Shame ... without such a recongizable name, my search for "motherboards" have wound up at some other e-tailer (but it wasn't "DisneyGear.com" either).

      --
      libertarian: (n) socially liberal, financially conservative; neither left, nor right.
    2. Re:Blah by Antique+Geekmeister · · Score: 1

      That's trademark, not copyright. It's a whole different ballpark there.

    3. Re:Blah by SenseiLeNoir · · Score: 1

      Google is a trademark, and Google HAS to make reasonable efforts to defend trademarks, otherwise the trademark will become irrelevant. There is a law or something about that.

      Nevertheless, in this particular case, it was pretty clear that the e-tailer was cashing in on Google's name, which is pretty dodgy anyway. I would NOT buy from such a e-tailer.

      --
      Have a nice day!
  3. Disney, Google and Yahoo? by jdrugo · · Score: 0, Redundant

    There's this assumption that what is good for Disney is what's good for America, but that's an oversimplification.

    There's also what's good for Yahoo and Google.

    Is that supposed to imply that what's good for the economy is good for Ameria? Where does that leave its citizens?

    1. Re:Disney, Google and Yahoo? by Cathoderoytube · · Score: 4, Insightful

      "Where does that leave its citizens?" $700 billion in the hole

      --
      I have nothing compelling to say
    2. Re:Disney, Google and Yahoo? by philspear · · Score: 3, Insightful

      Is that supposed to imply that what's good for the economy is good for Ameria? Where does that leave its citizens?

      He may have been talking about international copyright violations. International in relation to american copyrights. So presumably, americans would not be included in that because they're not international, they're nationals falling under national copyright.

      His interests wouldn't be in copyrights held by people or groups in other countries enforcing their copyrights on american pirates. It's something that would of course be a part of any treaty, but the quote is blurby, maybe he adresses it more later on but it didn't make it into the article.

      Anyway, I think the point of his statment was about how american companies enforce their copyrights overseas and was looking at it from a buisness standpoint. American citizens weren't mentioned because that wasn't what he was talking about maybe?

    3. Re:Disney, Google and Yahoo? by DragonWriter · · Score: 2, Insightful

      Is that supposed to imply that what's good for the economy is good for America?

      No, its supposed to imply that there are powerful interests supporting the side of less draconian copyright laws offsetting those supporting more draconian laws; its speaking, with a very thin covering of "common interest", to narrowly self-interested politicians that only look to where powerful interests are in the language they understand.

      If you aren't that kind of politician, they were talking past you, not to you.

    4. Re:Disney, Google and Yahoo? by JakartaDean · · Score: 2, Informative

      "Where does that leave its citizens?" $700 billion in the hole

      Actually, if you check, that figure is capped at 10.6 trillion and they're now negotiating to get the cap raised to 11.3 trillion.

      This is the only time on /. where I think the appropriate comment is that someone should be thinking about the children. Sigh.

      --
      The subject who is truly loyal to the Chief Magistrate will neither advise nor submit to arbitrary measures (Junius)
    5. Re:Disney, Google and Yahoo? by complete+loony · · Score: 3, Informative

      "Where does that leave its citizens?" $9,788 billion in the hole

      Fixed.

      --
      09F91102 no, 455FE104 nope, F190A1E8 uh-uh, 7A5F8A09 that's not it, C87294CE no. Ah! 452F6E403CDF10714E41DFAA257D313F.
  4. This treaty is being done behind closed doors... by Joce640k · · Score: 5, Insightful

    That's all the information I need.

    They know it won't get passed if it's done publicly.

    --
    No sig today...
  5. Just ask Walt Disney by David+Gerard · · Score: 0, Offtopic

    Copyright works need protection! Just ask the disembodied computer-hosted soul of Walt Disney, who was decanted to a computer in 1966 to avoid being declared legally dead, so that copyright in his works would never, ever run out.

    --
    http://rocknerd.co.uk
    1. Re:Just ask Walt Disney by aplusjimages · · Score: 1

      With copyright being such a big deal these days, maybe it should be something we teach in middle school next to math and science. Especially since the RIAA is going after these kids anyways.

      --
      Can I bum a sig?
    2. Re:Just ask Walt Disney by David+Gerard · · Score: 4, Funny

      Don't Copy That Floppy!

      --
      http://rocknerd.co.uk
    3. Re:Just ask Walt Disney by Anonymous Coward · · Score: 0

      +1 funny / tragic

    4. Re:Just ask Walt Disney by Anonymous Coward · · Score: 0

      Don't Copy That Floppy!

      Nope. Don't copy that Intelligent Design.

    5. Re:Just ask Walt Disney by westlake · · Score: 0, Flamebait
      Just ask the disembodied computer-hosted soul of Walt Disney.
      .

      Disney copyrights its unique interpretation of the story. In all media would you care to guess how many alternative versions exist of:

      Snow White
      Pinocchio
      The Wind in the Willows
      The Legend of Ichabod Crane
      Peter Pan
      Cinderella
      Sleeping Beauty
      The Jungle Book
      Robin Hood
      Beauty and the Beast
      Aladdin

      Not to mention 20,000 Leagues Under The Sea, Treasure Island and Zorro.

      The geek whines on endlessly about Disney's copyrights. If you are Rogers & Hammerstein or the puppeteer Jim Henson you make the stories your own.

  6. One of the few bright spots of DMCA... by voss · · Score: 4, Informative

    was the "safe harbor" provision. It basically kept the ISP's and websites for the most part out of the net-cop business.

    btw: When one of the few very profitable American companies in this current economy makes a statement like

    "It really could be used as a way of restricting the growth of U.S. Internet companies overseas"

    perhaps the US government should listen

    1. Re:One of the few bright spots of DMCA... by Anonymous Coward · · Score: 0

      Sure, if you define "bright" as "not completely black, but still 99% without any light"

      The safe-harbor provisions are still stacked 100% in favour of big-media, and against ISPs and websites (to say nothing of the American people, whom (according to the constitution) copyright is *supposed* to benefit.)

    2. Re:One of the few bright spots of DMCA... by ScrewMaster · · Score: 3, Insightful

      Sure, if you define "bright" as "not completely black, but still 99% without any light"

      The safe-harbor provisions are still stacked 100% in favour of big-media, and against ISPs and websites (to say nothing of the American people, whom (according to the constitution) copyright is *supposed* to benefit.)

      I think you meant, required to benefit. That's why it's in the Constitution. That's why all such laws are completely and irrevocably unConstitutional.

      Treaties now ... can any lawyers out there enlighten us as to how the Constitution can be overridden in the case of treaties with other countries?

      --
      The higher the technology, the sharper that two-edged sword.
    3. Re:One of the few bright spots of DMCA... by davester666 · · Score: 3, Interesting

      Well, depending on the specific way your state joined the union, and the state and federal laws and the constitution, it could possibly need an amendment to the constitution for it to be legally binding. I think that happened with NAFTA (that it was 'passed' by the Senate and Congress). And that also had some powerful, well established businesses fighting it so the US could retain their protectionist policies for various industries.

      For this fight, I would say more it is more lopsided, that there are more 'important' businesses pushing for increased copyright protections and penalties than for there are pushing for less protection. And this is an issue that is unlikely to galvanize the population of any country into action to fight against it. Just look at history. When has IP "protection" ever been reduced? I would say never. From when it was invented a couple of centuries ago, it has only increased, with longer terms, higher penalties, covering a wider variety of "thought".

      Look how many things your current administration has done and is still doing, in blatant violation of the law. Hell, I read that somebody in either Congress or the Senate had put forth a proposal to make it illegal for the White house to not retain all their emails. Even though it already is law that they retain all their emails. Will anybody even be charged because of these lost emails? Will anybody be charged with using non-gov't email addresses for gov't business, which is also illegal [which both the current administration and your possible future VP have been doing for a while, and quite openly, like govt_palin@yahoo.com...]?

      --
      Sleep your way to a whiter smile...date a dentist!
    4. Re:One of the few bright spots of DMCA... by the+eric+conspiracy · · Score: 2, Interesting

      Ah, you have now discovered that there is something known as 'separation of powers' within the US Government. The Executive Branch is charge with enforcing laws. If it doesn't like certain laws it doesn't have to enforce them very hard. It also doesn't have to tell Congress about everything it thinks or does. There is no Congressional oversight of the Executive.

      A law that requires the President to retain his emails is very likely to be considered unconstitutional should it be taken to the Supreme Court.

      There is a long history of this going right back to the admistration of George Washington who refused to turn some documents associated with a treaty negotiation over to the House of Representatives.

    5. Re:One of the few bright spots of DMCA... by aeoo · · Score: 1

      This is a huge deal. I'm definitely paying attention to this.

    6. Re:One of the few bright spots of DMCA... by Cassius+Corodes · · Score: 1

      Dunno about Washington, but Nixon tried that argument and it didn't go down very well with the courts.

      --
      Control is an illusion, order our comforting lie. From chaos, through chaos, into chaos we fly
    7. Re:One of the few bright spots of DMCA... by penix1 · · Score: 2, Interesting

      If it doesn't like certain laws it doesn't have to enforce them very hard. It also doesn't have to tell Congress about everything it thinks or does. There is no Congressional oversight of the Executive.

      Untrue. The Senate has right of confirmation of appointees. Even in the military, officers are confirmed by the Senate. Congress can also regulate Executive agencies such as the FCC, FTC, SEC and other 3 letter agencies. They are Constitutionally mandated to do so as part of the "power of the purse". How long do you think the Executive can do things without funding? It has happend more than a few times when Congress failed to pass the budgets. The only thing keeping the Executive running was continuing resolutions...

      A law that requires the President to retain his emails is very likely to be considered unconstitutional should it be taken to the Supreme Court.

      It has already been there and the Presidential Records Act has been upheld. This is fallout from administrations such as Nixon's where destruction of documents has caused the downfall of the Executive.

      --
      This is a sig. This is only a sig. Had this been an actual sig you would have been informed where to tune for more sigs.
    8. Re:One of the few bright spots of DMCA... by Anonymous Coward · · Score: 0

      If profitability had anything to do with representation, Microsoft would've killed Google in infancy. Heck, IBM would've stomped Microsoft in utero.

    9. Re:One of the few bright spots of DMCA... by sumdumass · · Score: 1

      Nixon never ended up in the courts. In fact, he wasn't even impeached.

      Bill Clinton took the argument to the Supreme Court and won. It was a constitutional right the administrations has coined "Executive Privilege".

    10. Re:One of the few bright spots of DMCA... by Cassius+Corodes · · Score: 1

      http://en.wikipedia.org/wiki/United_States_v._Nixon

      You are right he wasn't impeached - but he resigned to avoid certain impeachment, and he would have ended up in jail if it wasn't for that sissy Ford.

      --
      Control is an illusion, order our comforting lie. From chaos, through chaos, into chaos we fly
    11. Re:One of the few bright spots of DMCA... by Apple+Acolyte · · Score: 1

      Untrue. The Senate has right of confirmation of appointees. Even in the military, officers are confirmed by the Senate. Congress can also regulate Executive agencies such as the FCC, FTC, SEC and other 3 letter agencies. They are Constitutionally mandated to do so as part of the "power of the purse". How long do you think the Executive can do things without funding?

      Correct. In addition, the Congress possesses broad investigative powers and the power of impeachment. It is a tad moronic for anyone to claim there are no Congressional checks on the Presidency under the Constitution.

      --
      Part of the hardcore faithful who believed in Apple long before it was cool again to do so
    12. Re:One of the few bright spots of DMCA... by sumdumass · · Score: 1

      Well, certain impeachment is a little misleading. The sentiment was there but there is no indication that he couldn't have mounted a defense against it if pushed.

      Also, there is no indication that he would have ended up in jail either. First he would have had to of been impeached and then trialed for contempt of congress. But as a sitting president when the offenses took place, Congress's own rules would have most likely stopped him from being charged outside of an impeachment unless they found a way to prosecute him for Watergate itself. Now, of course the public sentiment was there but that doesn't mean a conviction in public opinion would reflect a conviction in a court. Especially at the levels of court he would have been in. He would have likely bypassed the lower courts and went in front of the Supreme Court or a court directly under it.

      In a way, I wish he would have been prosecuted. At least then more of the legal truth would be present. As it is now, the worst case conspiracy hails forth. The obstruction of justice claims wouldn't have applied to Nixon like it did members of his council because it would have been his defense at the time. Unless you change your story, lieing to protect yourself isn't the same as lieing to protect someone else. We don't know for certain what Nixon's role in Watergate was. He never admitted to any wrong doing and those around him maintained that he knew only after the fact. Over all, Nixon was a pretty good president and it's a shame that his deeds are over looked because of Watergate.

    13. Re:One of the few bright spots of DMCA... by Cassius+Corodes · · Score: 1
      Given American history, you are right, that he would have likely escaped jail. If you ask me he should have been arrested for treason. I disagree with you that Nixon was a good president - he was paranoid, secretive and thought himself above the law.

      We don't know for certain what Nixon's role in Watergate was

      Once the courts forced him to hand over the tapes it was revealed that he knew what was going on ( http://www.watergate.info/tapes/72-06-23_smoking-gun.shtml ). During the investigation he fired the independent investigator for refusing to cover up the crime (after first firing the attorney general and his deputy for refusing to fire the investigator) ( http://en.wikipedia.org/wiki/Saturday_Night_Massacre ).

      I'm sorry but I don't know how anyone could think of him as a good president!

      --
      Control is an illusion, order our comforting lie. From chaos, through chaos, into chaos we fly
    14. Re:One of the few bright spots of DMCA... by sumdumass · · Score: 1

      Given American history, you are right, that he would have likely escaped jail. If you ask me he should have been arrested for treason. I disagree with you that Nixon was a good president - he was paranoid, secretive and thought himself above the law.

      Well, Nixon opened relations with China, he got our troop out of Vietnam, although a little uncleanly but he stopped them from dieing because of politicking in Washington. He implemented desegregation in the south after the supreme court ruled segregated schools against the law. He commissioned the development of the space shuttle and promoted science and the space program by making the world longest long distant phone call to the moon when Neil Armstrong and the appolo 13 went. He negotiated the salt 1 and anti-ballistic missile defense treaties with russia and eased tensions durring the cold war. he created OSHA, NOAA, OMBE, and the EPA, Indexed social security for inflation so a $200 payment would still be worth $200 three years later. He created the SSI program that helped disabled persons draw social security from family member's payments without penalties to them and had a default if that wasn't availible. He attempted to get Comprehensive Health Insurance for the people. Although that plan turned into the HMO act that congress passes later and didn't have coverage for every American, he specifically called for it in his 1974 state of the union speech. There is a ton more that he did which I'm not sure much of it could be considered bad. If you look past Watergate, you will see that Nixon was pretty busy and had a lot of success in what he wanted done.

      Once the courts forced him to hand over the tapes it was revealed that he knew what was going on ( http://www.watergate.info/tapes/72-06-23_smoking-gun.shtml ). During the investigation he fired the independent investigator for refusing to cover up the crime (after first firing the attorney general and his deputy for refusing to fire the investigator) ( http://en.wikipedia.org/wiki/Saturday_Night_Massacre ).

      Knowing what happened after the fact isn't the same as knowing what happened when it was happening. This is the point I was attempting to make. Lets say someone breaks into the Election headquarters and rigs the election so you can win. Now lets say that two possible scenarios could have come from it. First is that you knew about it and either supported the action or failed to stop it. Your a crook. The other is that you learned about it after the fact because some guy came in and said "I did X or had X done so you would be elected" and you didn't tell anyone after that.Your still a crook for staying in office after knowing the election was a sham and your not reporting it. But your not in office because of illegal activity that you caused to happen and are only guilty of covering it up after you found out about it. Those are two different levels of crimes there and they deserve punishment separately. Sure, we know that Nixon knew about Watergate. But did he know when it was happening or did he only find out later when they started with the special prosecutor stuff? We will never know for sure and anyone making a claim one way or another is more or less guessing.

      I'm sorry but I don't know how anyone could think of him as a good president!

      Obviously your aren't as up on Nixon's history as others are. I'm not sure of anyone who can look back past Watergate and claim he wasn't a damn good president that did a lot of good things while in office. You seriously need to look past Watergate and look into what he has done and attempted to do.

    15. Re:One of the few bright spots of DMCA... by Anonymous Coward · · Score: 0

      "Treaties now ... can any lawyers out there enlighten us as to how the Constitution can be overridden in the case of treaties with other countries?"

      You don't need a lawyer for this. Its in the Constitution. It can't be. Constitution > * or this country is not America.

    16. Re:One of the few bright spots of DMCA... by Cassius+Corodes · · Score: 1

      I cant really agree with your example - by covering it up you become an accomplice in the crime, and under most legal systems that nets you the same punishment as every other member of the conspiracy. Though I'm not sure how that relates to Nixon as he did not rig an election, and his crimes were very petty and amateur - the whole point of watergate and the ensuing scandal was Nixon's handling of it. It showed a picture of a man who did not care about due process, or about his country as he was willing to put himself first above its law. The way he blatantly fired the investigator showed that he wasn't even embarrassed about it, he did really think that this was the "right" thing to do.

      There are many criminals in jail who have led good positive lives, but then did something and ended up in jail - and this taints any good deeds the might have done previously. You don't forgive a murderer because he had regularly given to charity. To me corruption, and abuse of public office is the most heinous crime (unfortunately the law doesn't reflect this - corrupt officials rarely get more than 10 years in jail, despite the fact their net damage is far worse.) and he should have been made an example of. Throughout his life Nixon never admitted any wrongdoing (even the cover up part) nor apologised for the loss of faith in government that resulted from his actions. Surely the highest public office is deservant of only the highest level of integrity!

      --
      Control is an illusion, order our comforting lie. From chaos, through chaos, into chaos we fly
    17. Re:One of the few bright spots of DMCA... by sumdumass · · Score: 1

      I cant really agree with your example - by covering it up you become an accomplice in the crime, and under most legal systems that nets you the same punishment as every other member of the conspiracy. Though I'm not sure how that relates to Nixon as he did not rig an election, and his crimes were very petty and amateur - the whole point of watergate and the ensuing scandal was Nixon's handling of it. It showed a picture of a man who did not care about due process, or about his country as he was willing to put himself first above its law. The way he blatantly fired the investigator showed that he wasn't even embarrassed about it, he did really think that this was the "right" thing to do.

      I didn't say he was innocent in everything. Just that his motivations and intentions would be different under certain circumstances. I do hold the belief that it would have been worse if he was in on it from the beginning instead of ancillary of the events. Then you have people like G. Gordon Libby who claim the entire break in was nothing more then an attempt to gather evidence of a prostitution ring. Actually, all of the Watergate burglars who were caught maintain that except John Dean who turned states evidence and got Time Served for the amount of time he was held in a witness protection program because of his helping the prosecution. So we don't really even know for sure what the Watergate motivations where because Nixon was never prosecuted.

      There are many criminals in jail who have led good positive lives, but then did something and ended up in jail - and this taints any good deeds the might have done previously. You don't forgive a murderer because he had regularly given to charity. To me corruption, and abuse of public office is the most heinous crime (unfortunately the law doesn't reflect this - corrupt officials rarely get more than 10 years in jail, despite the fact their net damage is far worse.) and he should have been made an example of. Throughout his life Nixon never admitted any wrongdoing (even the cover up part) nor apologised for the loss of faith in government that resulted from his actions. Surely the highest public office is deservant of only the highest level of integrity!

      You don't forgive but you also don't forget. And those later actions don't undo previous actions. We didn't get rid of OSHA or the EPA because of what he did. We didn't send troops back to Vietnam because of it. All of his work stayed around and so far, he has never admitted to wrong doing even though he had a full pardon and could freely do so. The fact of the matter is that your convicting him through allegations of wrong doing that have not been settled. If he actually corrupted the office, sure, and public sentiment is that he did. But there has never been a legal determination to the extent of his involvement or how much he knew and when he knew it. You could be completely wrong in your claim but not know it because the court of public opinion has convicted him and made the claim that he deserves the allegations. Unfortunately, we will never know with certainty and it is probably proper to hold the opinion you have. But the fact remains that Nixon did a lot of good for the country, a lot of good for foreign relations, a lot of good for a lot of things. You can not forgive him for actions taken later in his life but non of that undoes what he did earlier.

  7. And we thought the ISPs were bad enough already. by isBandGeek() · · Score: 2

    A leaked draft of the deal showed that the treaty could force Internet service providers to cooperate with copyright holders.

    We don't need another RIAA or MPAA.

  8. Many countries have happily ignored... by puppetman · · Score: 5, Informative

    copyrights and patents.

    Germany used to be quite famous for making fakes of machines used in the British textile manufacturing effort (right down to copying the name of the manufacturer). Many European countries didn't bother with patent protection as it interferred with their ability to make cheap knock offs.

    If Einstein had been a chemist, he wouldn't have been working in the Swiss patent office, because at the time, the Swiss believed that you couldn't patent anything chemical. Canada didn't recongize drug patents until the 1960s (if memory serves).

    This rich-country enforcement of patents and copyright is "kicking away the ladder" - most first-world countries conveniently ignored patents during their development, when it was to their economic benefit to be able to rip technology off from more well-to-do nations.

    1. Re:Many countries have happily ignored... by michaelmuffin · · Score: 1

      also try s/(copyright|patent)/tariffs/g

      the "intellectual property" policies of well-to-do nations is awfully similar to their tariff policies

      thanks for enlightening me as to the protectionist nature of the copyright at patent systems. i never realized it until you worded it the way you did

    2. Re:Many countries have happily ignored... by DerekLyons · · Score: 1, Interesting

      The proper response to your comment is "so the fuck what?". First world countries also used to work children into the grave. They also didn't have unions, or pensions, or health insurance (private or public), or any number of things.

    3. Re:Many countries have happily ignored... by Anonymous Coward · · Score: 0

      Lemme know when you get to the part of your argument where the fact that "first world countries did it!" suddenly makes any of that the right thing to do.

    4. Re:Many countries have happily ignored... by the+eric+conspiracy · · Score: 2, Informative

      Germany used to be quite famous for making fakes of machines used in the British textile manufacturing effort (right down to copying the name of the manufacturer). Many European countries didn't bother with patent protection as it interferred with their ability to make cheap knock offs.

      Great Britain was the first country in the world to go through an industrial revolution. This was caused by their adoption of a patent system which rewarded innovators and led to the greatest economic empire the world has ever seen. The fact that other countries did not adopt a patent system until later doomed them to trail Great Britain in development of the institutions needed to support this industrial revolution. The fact that these countries had to copy the British inventions to compete shows how their own (patent less) systems failed to promote innovation within their own societies.

      If Einstein had been a chemist, he wouldn't have been working in the Swiss patent office, because at the time, the Swiss believed that you couldn't patent anything chemical. Canada didn't recongize drug patents until the 1960s (if memory serves).

      The Swiss did NOT believe that "you could not patent anything chemical". That is ridiculous. What happened in this case is that the Swiss chemical industry wanted to freely use the innovations of the far larger and more successful German chemical industry (operating under a strong patent system), and successfully delayed the introduction of chemical patents until 1907. And by the way Einstein was a very good theoretical chemist (his work on Brownian motion is often taken to be the first absolute proof of atomic theory) AND Einstein worked in the Swiss patent office until 1909, so there is a pretty good chance he DID examine chemical patent applications.

      As far as Canada not recognizing drug patents until the 1960's that is poppycock. In fact as far back as 1923 Canada was wrangling with legislation that dealt with the compulsory licensing of drug patents where the active ingredients were made in Canada.

    5. Re:Many countries have happily ignored... by schon · · Score: 5, Informative

      Your examples neglect the most prominent example of this - namely the Hollywood movie industry.

      You know why California is the center of the major studios' world? Because they we getting hammered by enforcement of patents when they were on the east coast.

      Hollywood owes it's existence to it's deliberate evasion of "intellectual property" laws.

    6. Re:Many countries have happily ignored... by calmofthestorm · · Score: 3, Insightful

      To play MAFIAA's advocate, America is more and more producing ideas rather than tangible goods. If we want to maintain our trade surplus* we need to protect the value of what we produce. Of course, I don't agree with HOW we're doing it, but I can at least see the reasoning. Imagine if piracy actually hurt the producers, this would be an issue.

      *by which I mean prevent further increase to the trade deficit.

      --
      93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
    7. Re:Many countries have happily ignored... by hedwards · · Score: 1

      The fact that other countries did not adopt a patent system until later doomed them to trail Great Britain in development of the institutions needed to support this industrial revolution. The fact that these countries had to copy the British inventions to compete shows how their own (patent less) systems failed to promote innovation within their own societies.

      Umm, no it means that they were able to save a huge amount of money on R&D while still getting the same products. Meaning they could be made for less and probably only a bit later on.

      Just because you want to interpret it in such a bizarre fashion doesn't mean it's correct. It's always cheaper to copy off of somebody else in the absence of legal consequences. The only reason why it's no longer cheaper is that most countries have patents and there are frequently huge fines/tariffs involved to keep that sort of thing to a minimum.

    8. Re:Many countries have happily ignored... by the+eric+conspiracy · · Score: 1

      Bizarre fashion? If Germany saved so much by copying British ideas, why didn't they gain an economic advantage and supplant the British as the super power of the time?

      Yes, it is cheaper to copy the inventions of others than to develop the exact same inventions yourself. But if you are like Germany and did not have the raw materials (i.e. sources of cotton that England had)? Those inventions are worthless. You need inventions that appropriate to the economic needs within your own economy.

      Germany didn't save anything. And by copying they did nothing to generate the inventions appropriate to their own needs.

      As a result they ended up a second rate power until they got their own technologies going.

    9. Re:Many countries have happily ignored... by puppetman · · Score: 4, Insightful

      The point was that patents benefit rich, developed countries. Ignoring patents and copyright benefits poor countries (who, by the way, rarely have unions, pensions, or all that other first-world stuff you mentioned).

      The World Bank and IMF have made up a fairy tale that the developed countries of the world became rich thanks to free trade and patents, which is crap. They became rich thanks to trade barriers, tariffs and turning a blind eye.

    10. Re:Many countries have happily ignored... by TheDugong · · Score: 3, Interesting

      "If Germany saved so much by copying British ideas, why didn't they gain an economic advantage and supplant the British as the super power of the time?" The British, French, Dutch, Belgians, Japanese, Russians and US (Hawaii, the Philipines etc) had already baggsied most of the world. The Royal Navy could pretty much landlock (other than the Baltic Sea) the Germans at will, if they so chose. This lead to an arms/battleship/dreadnought race.... So, they tried, and that lead to WW1 and then WW2. Finally they succeeded in surpassing Britain in the 1960s, thanks to said wars.

    11. Re:Many countries have happily ignored... by jedidiah · · Score: 1

      Yeah... nevermind everything else Germany had going on at
      that time. It's problems were all about lacking a draconian
      patent regime.

      Sure...

      This crap boggles the mind.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    12. Re:Many countries have happily ignored... by puppetman · · Score: 4, Informative

      The fact that these countries had to copy the British inventions to compete shows how their own (patent less) systems failed to promote innovation within their own societies.

      Right - because it's much harder to innovate than copy.

      From Intellectual Property in Free Trade Agreements, by Sanya Reid Smith:

      "If developing countries broaden and lengthen their intellectual property protection beyond their current treaty obligations while they still have reduced capacity to generate their own intellectual property, they can expect to see their royalty outflow increase. For example, according to the Malaysian Governmentâ(TM)s 9th Malaysia Plan, in 2005 there was already estimated to be a net outflow of royalties of US $1.7 billion."

      Patents cost developing countries (who rarely have much patented) yet benefit countries where a large number of valuable patents reside.

      The Swiss did NOT believe that "you could not patent anything chemical". That is ridiculous

      From Intellectual Property in Free Trade Agreements, by Sanya Reid Smith:

      "Prior to TRIPS, countries were able to tailor their level of IP protection to suit their level of development. Many of todayâ(TM)s industrialised countries such as the USA, Europe,5 Japan, South Korea and Taiwan did not have high levels of IP protection until it suited them. For example Switzerland did not allow patents on chemicals until 1978; Italy, Sweden and Switzerland did not allow patents on medicines until 1978 and Spain did not allow patents on chemicals or medicines until 1992 because it said it could not afford the higher medicine prices as a result of patents."

      I am not sure what planet you live on, but it's not earth, Bizarro Slashdot Poster.

    13. Re:Many countries have happily ignored... by Anonymous Coward · · Score: 0

      You know why California is the center of the major studios' world? Because they we getting hammered by enforcement of patents when they were on the east coast.

      Source?

    14. Re:Many countries have happily ignored... by plasmacutter · · Score: 2, Insightful

      The politicians have deliberately forsaken our manufacturing base.

      This does not, however, mean we should be enforcing some perverse imaginary property in an attempt to maintain economic dominance.

      What we should be doing is abandoning the policies which are killing our manufacturing sector (subsidies, protectionism, bailouts, FTA's) and encouraging a resurgence.

      This policy of intellectual property as some kind of export generally depends upon us maintaining a military which is onerously expensive. This is not something which can be perpetually maintained.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    15. Re:Many countries have happily ignored... by plasmacutter · · Score: 2, Insightful

      The politicians have deliberately forsaken our manufacturing base.

      This does not, however, mean we should be enforcing some perverse imaginary property in an attempt to maintain economic dominance.

      What we should be doing is abandoning the policies which are killing our manufacturing sector (subsidies, protectionism, bailouts, FTA's) and encouraging a resurgence.

      This policy of intellectual property as some kind of export generally depends upon us maintaining a military which is onerously expensive. This is not something which can be perpetually maintained.

      sorry, "i don't agree" does not equate to flamebait. I have karma to burn so i'll requote it, this time with the bonus active.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    16. Re:Many countries have happily ignored... by sumdumass · · Score: 1

      Don't put copyright into the same boat as patents. Europe has long been a champion of copyright. The Berne Convention which dates back to the mid 1800's was solely a European construct and the US didn't bother signing on until the 1980's even though we extended our copyright protections in the 70's to match Europe's more closely.

    17. Re:Many countries have happily ignored... by calmofthestorm · · Score: 1

      How does protectionism hurt our manufacturing sector? Isn't it generally used to reduce foreign competition to things we make here?

      I'm against it too, but have never heard that particular claim before. Much the opposite.

      --
      93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
    18. Re:Many countries have happily ignored... by sumdumass · · Score: 1

      And I'll tag along just to make mod points expensive. I don't agree with all of what you said (which is common between us), but I agree with your right to say it.

      Plasmacutter wrote,

      The politicians have deliberately forsaken our manufacturing base.

      This does not, however, mean we should be enforcing some perverse imaginary property in an attempt to maintain economic dominance.

      What we should be doing is abandoning the policies which are killing our manufacturing sector (subsidies, protectionism, bailouts, FTA's) and encouraging a resurgence.

      This policy of intellectual property as some kind of export generally depends upon us maintaining a military which is onerously expensive. This is not something which can be perpetually maintained.

      And just to stay on topic with your post, I don't think we need to abandon subsidies or bailouts. The current bailouts are necessary and subsidies, especially farm subsidies are necessary for strategic production of goods in non competitive environments. When I say strategic, I mean in a national security interest strategic. If we didn't have farm subsidies, the Midwest floods earlier this year would have drove food prices through the roof seeing how the fields that were able to be replanted are only producing about half their typical yields. At a time when people are going to work for $10 an hour and gas to go to work costing 20% or more of their weekly take home salaries (depending on how far away they live- 40 miles at 40mpg and $4 gas), spikes in food costs above what has already happened because of fuel costs would be disastrous.

    19. Re:Many countries have happily ignored... by Apple+Acolyte · · Score: 1

      Yeah, that story doesn't sound right or comport with anything I've ever read about Hollywood history - and I live 30 minutes from Hollywood.

      --
      Part of the hardcore faithful who believed in Apple long before it was cool again to do so
    20. Re:Many countries have happily ignored... by cliffski · · Score: 0, Troll

      wtf?
      So you want to abandon this new thing people call the internet and go back to manufacturing steel girders?

      Anything that can be encoded digitally can be copied. because of this, strong IP law is needed to encourage people to actually produce this stuff. If you make all digitally encoded goods worthless, then everyone has to roll up their sleeves and go work in a factory, whilst hoping some other schmucks still make digital goods for us to swipe.

      I've done a manual job 8 hours a day for shit money in shit conditions. I've also worked in a nice air conditioned office.

      The office is better.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    21. Re:Many countries have happily ignored... by Sobrique · · Score: 1
      I'd say it's entirely the opposite actually. The internet is a complete revolution in the way things are - the model that the MAFIAA are plugging is just plain obselete. When something can be trivially and rapidly duplicated, at what is essentially zero cost to the original source, then they _need_ to start thinking about it differently.

      From the day someone figured out how to encode an MP3, the recording industry has been dying. It's trying back to hold back the tide by 'controlling' IP.

      But if you think about it, people pay for their 'utilities' such as cable TV and broadband. That's really what the recording industries need to be shifting over to - less a 'pay for a CD, get some music on it' model, and more a 'pay for a service, and use it how you will' model.

      I really do think that will work. Some of the dinosaurs will become extinct in the process, true, but ... well, frankly the recording industry has too long been about marketing and propaganda, than actual innovation.

      People WILL pay for stuff, even stuff that they could download - I've bought DVDs, I have friends who've bought DVDs. People pay for the 'DVD rental' companies like LoveFilm. Now, imagine a service where one of the big recording industries just let you have monthly sub for a 'feed' of _their_ media library? Y'know, almost like iTunes is doing? $5 a month, for 5G of ... whatever you like from their catalogue.

      That _will_ fly, it just requires someone to have the balls to actually stand up and do it, rather than trying to keep their stand castles intact as the tide comes in.

    22. Re:Many countries have happily ignored... by Anonymous Coward · · Score: 0

      Wouldn't living near Hollywood explain why you didn't hear the whole true? BTW, the patents they were evading belonged to Edison.

    23. Re:Many countries have happily ignored... by cliffski · · Score: 1

      If it's such a profitable model, what is stopping you?

      --
      DRM-free indie games for the PC and Mac: Positech Games
    24. Re:Many countries have happily ignored... by the+eric+conspiracy · · Score: 1

      Sanya Reid Smith is clearly incorrect as far as Switzerland and chemical patents goes. The Swiss legislature enacted a law in 1907 that enabled chemical process patents.

      http://law.fordham.edu/publications/articles/200flspub6401.pdf

      Your sources of information clearly have nothing to do with reality.

      As far as outflow of royalties - big deal. You are trading the royalties for a institutional structure that will doom your society to being an economic backwater. There is a reason that every nation on the planet that has any serious intent to become developed adopts some sort of patent system. It is simple; the loss in royalties is far outweighed by the benefits to the local economy.

    25. Re:Many countries have happily ignored... by Cajun+Hell · · Score: 1

      If we didn't have farm subsidies, the Midwest floods earlier this year would have drove food prices through the roof seeing how the fields that were able to be replanted are only producing about half their typical yields.

      Do we get those subsidies back in years when farming's volatility happens to work in the farms' favor?

      --
      "Believe me!" -- Donald Trump
    26. Re:Many countries have happily ignored... by michaelmuffin · · Score: 1

      yes, i understand that they have different histories, i was just saying that they're similar in spirit. drug patents are a good example of patent protectionism, but now that you've made me think about it, i'm having a difficult time coming up with a similar example for copyright

    27. Re:Many countries have happily ignored... by puppetman · · Score: 1

      Sanya Reid Smith is backed up by Ha-Joon Chan, a "Reader in the Political Economy of Development" at Cambridge (do your credentials match)?

      In his book Bad Samaritans: The Myth of Free Trade and the Secret History of Capitalism (which I've read in dead tree form, and thus cannot produce quotes) he backs up Sanya Reid Smith in stating that many countries did not allow drug patents until the 1960's and 1970's (including Canada, Switzerland, etc).

      [Quote]It is simple; the loss in royalties is far outweighed by the benefits to the local economy.[/Quote]

      This has to be the most ridiculous statment typed with a straight face that I've seen on Slashdot in years. Tell me - what patents library do the multinationals based in Zambia hold? Equador? Bangladesh? For developing countries, patents mean an outflow of money, not an influx.

      [Quote]There is a reason that every nation on the planet that has any serious intent to become developed adopts some sort of patent system[/Quote]

      You have it backwards (which, considering the quality of the rest of your "reasoning", makes it one of your better argued points). Developed countries implement patent systems once they have something to protect. You don't put expensive alarm systems on mud huts.

      It's obvious that you don't understand how 90% of the world lives - your viewpoint is overwhelmed by your economic priviledge.

    28. Re:Many countries have happily ignored... by sumdumass · · Score: 1

      Well, my point was that historically, even if Europe didn't care about patents, they put a lot of stock into copyright. It is a similar form of protectionism except that it's existence has been around for so long that it is difficult in showing it's perversions.

      It is more obvious in America because we have changed the copyright laws within a generation or two which increased our copyright time lengths to that of Europe's. At first, we raised it to match the Berne Convention regulations in 1976 or so (even though we didn't sign on to it) and then we took it 20 years further in the late 80's or mid 90's to more closely match Europe's time spans which were 20 years longer then the Berne Convention's requirements. This also inflames the issue into a one sided discussion because the copyright lengths seemed to benefit American media companies but Ironically, when America increased it's copyright length, it didn't automatically grandfather expired works, reimplementing a copyright on them where Europe did.

    29. Re:Many countries have happily ignored... by sumdumass · · Score: 1

      Well, yes.

      The biggest form of subsidy is a purchase of surplus crops. The government creats a floor in which prices aren't supposed to go under and when the laws of supply and demand raise prices much higher then that, the government simply stops purchasing the crops which creates more supply and stabilizes the prices. The farmers might make out a dollar or two better then the floor price but it doesn't go much higher then that. You can look at the historic prices of crops here. Try going back to the 70's before the farm crisis and look at the yearly average prices when we had farm foreclosures and farm aid and all. Most of the prices are stable and within $2 of a base line after the 70's to mid 80's.

      The results if we didn't have subsidies? We would have a few large corporations owning farms which could absorb losses over other products which would regulate the production based on their projected demand. The real downside of this is that if a drought wipes a crop out in a certain area, the prices jump enormously because demand will remain about the same (people eat what they are used to eating). If we couldn't import food, we would have a lot of starving people. But lets say that hurricanes wipe out the entire Mexican import markets as well as most of the southern state's crops surrounding the gulf and Atlantic. It will take a year to replace that crop in which without the subsidies we will run out. With the surplus that the subsidy creates, a few adjustments are made and we don't run out and no one starves because of a natural disaster. Now lets assume that most of Europe is in a drought and they are willing to pay twice as much for imported food as we are. We either lose out on our imports or have to pay more to compete. So what do we do, we sell portions of the surplus to Europe in exchange for some imports from our trade partners and Europe have a supply of fresh food longer without being gouged for food. This creates a stable environment in an area that instability has cost the most American lives in the history of the US. Oh, and did I mention that when the demand jumps, most of the subsidies don't need to be paid because they attempt to remove enough supply to retain a floor price or in some situations just mandate a floor price.

      It gets more complicated then what I just explained. There are something like 16 agricultural crops and livestock that are seeing the benefits of the subsidies now. But in general, yes, for the most part, when prices go above a certain level, we see the subsidies back in the form of cheaper costs. That is the point of them- To make sure we have a viable agriculture industry and a safe source of food and manufacturing product.

    30. Re:Many countries have happily ignored... by the+eric+conspiracy · · Score: 1

      I don't give a hoot who backs Smith up. This is a case of FACTUAL ERROR that can be determined from Swiss legislative records. Argument to authority doesn't make incorrect facts go away. Period.

      You are totally wrong regarding just about every other aspect of your position as well.

      A country MUST establish a patent system BEFORE it has something to protect because afterwards is too late to protect the invention. Allocation of resources to innovation will just not occur until there is a chance of recouping the investment. Pretending otherwise is totally idiotic.

      The countries you have cited (Zambia, Bangladesh and Ecuador) ALL HAVE ACTIVE PATENT SYSTEMS. Zambia publishes a patent journal the 25th of every month. You might want to take a subscription.

      Again you are taking a very myopic view when it comes to royalties. The outflow of royalties assumes a local license is held. In most cases for small countries this is not true; the product is not manufactured locally. Whatever royalties are lost are counterbalanced by the protection of local innovations that lead to organic internal growth.

      Developed countries implement patent systems once they have something to protect. You don't put expensive alarm systems on mud huts.

      It's obvious that you don't understand how 90% of the world lives - your viewpoint is overwhelmed by your economic priviledge.

      Developed countries don't become developed without establishing a patent system during their ascent. I don't know where you have lived or visited, but a developing country usually is VERY heterogeneous - large areas of mud huts and some islands of world class excellence. Such an environment needs a patent system MORE than a developed country in order to encourage the investment of very scarce resources into innovation.

      It is quite obvious that you have no really understanding of the history of technology, the genesis of the industrial revolution or the innovation process. Reading a few books from authors that don't even have their facts straight doesn't qualify you as an expert in the area.

  9. Re:This treaty is being done behind closed doors.. by nurb432 · · Score: 1

    Do they ever?

    --
    ---- Booth was a patriot ----
  10. Re:Symmetric password is test by QuantumG · · Score: 1, Funny

    -----BEGIN PGP MESSAGE-----
    Version: GnuPG v1.4.7 (MingW32)
    Comment: http://getfiregpg.org/

    jA0EAwMCuBk5bDLsjOVgyVRczylkXHQOoLrTZ4feTOyTgnhGn5NxdGTKQJiXOzt/
    HsEG6/73TJGgkRzARmFdOCSIBd/w4+UCrF7zefX031zqAurOsYcLN+mF9ft6UBM1
    O9tjvqs=
    =Jmbx
    -----END PGP MESSAGE-----

    --
    How we know is more important than what we know.
  11. Tougher copyrights will improve the web..... by 3seas · · Score: 1

    ....hardon and breast size....

    as the only thing that will be allowed is spam.

    1. Re:Tougher copyrights will improve the web..... by Anonymous Coward · · Score: 0

      ... and you know what we do with spam... we block it, avoid it, and TURN IT OFF... at all costs.

      Great way to kill the internet... hand it over to the media giants so they can charge us, advertise to us, and control us...

      The funny thing is, if our economy really worked on true capitalism, and pirating were non existant... We would see less movies, videogames, music, tv shows being made. How in the hell would they expect us to pay for all of this media entertainment in todays shit pile economy?

      If there were true capitalism and no piracy, we would see movies studios, game studios, music producers, and tv channels going broke. We would be forced to really choose wisely with our purchases.

      With piracy, there is an option to see SOME of it for free, and PAY for some of it. When and where that happens is not an exact science, but it happens. I pay for HBO and watch their shows. Lets say for example the show, "Extras". I pay for HBO so i watch the show. Do i need to now PAY for it on DVD? If i were forced too... Perhaps i wouldnt even subscribe to HBO, and simply just buy the DVD series. But then again the DVDs wouldnt even exist because fewer people would be suscribing to HBO.

      With piracy... people are spreading their wealth. The entire entertainment industry is over saturated. A middle class person cant afford to buy all of the media they see. They will be able to buy some... but it will be very focused and specific choices. With piracy, it can be a bit here and there... and its often rational, like my HBO example.

      Will things change to the point that if you pay for HBO, that you can DL their DVD ISO's free of charge? Why double charge viewers in the first place?

      Piracy works with the economy, it has its benefits. For one, the poorer citizens have access to things they otherwise might not. This is a good thing. It encourages knowledge... It can help someone in their education, their progression in life.... It can help them get to a point where they can afford to buy things they might otherwise had to pirate.

      I have a feeling that the government hasnt really thought this out. The backlash will be huge from the public. The government will point its guns at the people and we'll all just vote for one of the 2 puppets given to us for presidential candidates.

      We like to eat ourselves alive in America. I dont quite get it.

      You mean to tell me that the rich arent allowed LEGAL shortcuts that allow them to get corporate wellfare, and tax breaks of all kinds.... but the poor cant?

      What about this "economic bail out plan" our government is proposing? This, and the bail out of airlines etc... When the rich want to break the laws and get away with theft of BILLIONS OF DOLLARS.... even when they move our jobs overseas..... THEY STILL GET IT THEIR WAY....

      But the poor.... They get hit by hurricane, two states flooded out homes, people desperate for all kinds of help... and the government doesnt lift a fucking finger.

      Yeah... Copying "Dancing with the Stars" is the problem with society.... YEAH RIGHT.

      Fuck it and burn it.

  12. Vote with your wallets... by Phizzle · · Score: 3, Insightful

    I find myself avoiding products and services from companies that try to crap on my rights. I believe I am not the only one, since over the years many of these companies have withered or died. They can blame piracy, they can make up excuses for their shrinking bottom lines, but in the end the cause of their demise is their hostility to the very people that made them great in the first place.

    --
    I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own.
    1. Re:Vote with your wallets... by calmofthestorm · · Score: 2, Insightful

      The proble mis when they have the right to affect your rights even if you don't use their products. Like the iPod searching border guards we're all afraid ACTA might create.

      --
      93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
  13. Reduction in spam? by Levocmk1 · · Score: 2, Funny

    "...cracking down on counterfeiting of such goods as watches and pharmaceuticals..."

    Does that mean I will stop receiving spam messages for an awesome replica Rolex that will make my penis larger? I mean, it came from a guy called Norman Ledbetter. It just has to be legit.

  14. People just don't understand by aceofspades1217 · · Score: 1

    This isn't about copyright anymore this is about our basic privacy and freedom being taken away if we will have our laptops and ipods searched at border crossing or seized. What about if its your corporate with sensitive files that are NDA. But no the bush administration doesn't care about the ramifications of their actions.

    And yah...what about the american people. I love how they say "it's not all about you google" when google is standing up for us!

  15. I miss SCO by Anonymous Coward · · Score: 1, Funny

    When Darl spoke we just knew it was evil. When he walked it was with an evil swagger. SCO is an acronym where the S stood SATAN and the rest just didn't matter.

    Now here we are with Google who when they do evil it's with good intent and can be rectified by changing the EULA or TOS. When they do good it might just have a little evil intent but they are largely forgiven because it's just a little evil and they still give us monster uber email storage. When they do good it's good and we're supposed to fawn over the company unless someone with a low /. ID says they're evil and then we're supposed to block cookies, advertisements, java script and strawberries.

    I miss those simple days where I knew where I stood because /. has taught me to think like everyone else.

    There's a new poll suggestion here somewhere.

    1. Re:I miss SCO by Anonymous Coward · · Score: 0

      Aww, how cute.

  16. Already way off balance by slashqwerty · · Score: 5, Insightful

    The companies said the US courts and Congress are still working out the correct balance between protecting copyrights and the free exchange of information on the Web

    The correct balance would cut copyrights back to 14 years, require disclosure of source code to receive copyright on software, ban business method patents, and ban the use of technologies that prevent a work from entering the public domain. The government is going the opposite direction it should if it's interesting in establishing a proper balance.

    1. Re:Already way off balance by JasterBobaMereel · · Score: 1

      Patent : a temporary monopoly to repay the innovator and encourage innovation

      Since the Patent holder is rarely the innovator now and it actually seems to stifle innovation it is broken and should be discarded

      Copyright, is the similar but is not quite as broken but should be restricted to a limited time not extended so that the copyright holders great grandchildren benefit .....

      --
      Puteulanus fenestra mortis
    2. Re:Already way off balance by Blackhalo · · Score: 1

      Please run for office. Preferably in my district.

      --
      "There is nothing to do it. But to do it." -Floyd Pepper
  17. Three Strikes, you're out by Tiger4 · · Score: 3, Interesting

    My suggestion: One Copyright of 25 years, with two renewals of 25 years each. Then its OVER.

    Really, the I would only let Natural Persons have renewal rights. Corporations would just have to live with expirations as a price of doing business. Just like replacing old equipment after a few years, you write it off like a depreciation.

    --
    Behold, this dreamer cometh. Come now, and let us slay him... and we shall see what will become of his dreams.
    1. Re:Three Strikes, you're out by the+eric+conspiracy · · Score: 1

      Why do we have these ideas that corporations must be treated in some discriminatory fashion? The economic advantages (you can argue about these if you want) that accrue as the result of copyright law apply to corporations just as much as to individuals. By not treating corps the same as individuals you reduce the economic value here.

    2. Re:Three Strikes, you're out by wisty · · Score: 1

      Or how about 25 years, flat? If you do the net-present-value calculations on the money that is likely to be received from a work, it's going to be basically zero after 25 years. All long copyright terms do is prevent our culture from properly assimilating works that should be on the public domain - artists cannot quote or adapt any work made since Mickey Mouse, without getting a license or risking a lawsuit. Mozart copied his predecessors, often to an outrageous extent. Great authors used to quote other authors. Now satire is the only defense against imitation.

    3. Re:Three Strikes, you're out by McGiraf · · Score: 2, Insightful

      "Why do we have these ideas that corporations must be treated in some discriminatory fashion?"

      Corporations can not be put in prison.
      Corporations can not die.

    4. Re:Three Strikes, you're out by californication · · Score: 0

      You reduce the economic value for corporations but you increase the economic value for individuals. Doing so would encourage more patents to be owned by individuals instead of corporations. My question for the parent's parent would be, why is it better for an individual to own a patent rather than a corporation?

    5. Re:Three Strikes, you're out by ceoyoyo · · Score: 1

      Corporations have no morality, don't need to eat and can accrue much more power than a person.

      Why do we need to treat street gangs in such a discriminatory manner?

    6. Re:Three Strikes, you're out by sumdumass · · Score: 1

      Corporations also can't break the law. The people working for them do and they do goto prison quite often.

      These people are also guaranteed to die at some point to but that's neither here nor there, copyrights and patents don't extend for the life of the corporation, that is translated into a nominal amount of years.

    7. Re:Three Strikes, you're out by remmelt · · Score: 1

      Because corporations cannot create copyrightable copy. The "music industry" does not write songs. People do. The economic value that was meant to go along with a monopoly on distribution (which is all that copyright is: the right to copy) was supposed to encourage the creator to make more copy and enrich culture for everyone. If the creator does not have time for writing songs because he needs to grow vegetables in his garden, culture will not grow.

      Now we're in a situation where copyright can be transferred to other people or to corporations. This is not necessarily bad, because the corps can rid the copywriters of a lot of overhead. If the artists has no time to paint a picture because he's busy chasing copyright violators, culture will not grow.

      The point is: copyright should encourage artists to create more art.

      Corporations don't create art. It is absurd to think that a dead copywriter could create more copy, so why is the copyright still held after the creator's death?
      When alive, why does copyright need to be transferred to be upheld by a corporation? There are lots of cases where the creator holds the right and other people go after the violations.

      With the system we have now, where copyright extends for ages and ages, usually long after even the death of the artist, the artist has no reason to create more art. This does not grow culture, so it's not why we have copyright.

      If, instead of cultural growth, copyright is now intended to help economic growth, you should come out and say that, and stop romanticizing artistry and the poor musician and all that other crap, and regulate just like other industries. If the artists are wage slaves anyway, why treat the industry any different than the software industry, for example?

    8. Re:Three Strikes, you're out by swordgeek · · Score: 1

      Hmm. I'd allow one renewal period maximum. 75 years? Insane. 50 years is nearly as insane, but a _bit_ more palatable--but at any rate, it could only go ten years past the death of an individual copyright owner. In fact, on the death of an individual copyright holder, having an automatic ten-year expiry date might be a good plan.

      Also, renewals (by a Natural Person) would have to be filed by the original owner of the copyright. No spouses or kids or grandkids living off of someone else's copyright.

      Furthermore, copyright could not be sold. Ever. If a company dies, then its copyright material becomes public property.

      Hmm. Now we're getting somewhere.

      --

      "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    9. Re:Three Strikes, you're out by Cajun+Hell · · Score: 1

      Why do we have these ideas that corporations must be treated in some discriminatory fashion?

      Because they already have positive discrimination in their favor. Do you and I have Limited Liability?

      When someone suggests lower copyright terms for corporations, don't think of it as discrimination; think of it as quid-pro-quo balance. If someone wants to gain from better copyright terms, they'll still have the option of not incorporating (and the risks that brings: risks that you and I face every day).

      --
      "Believe me!" -- Donald Trump
  18. Re:Symmetric password is test by morgan_greywolf · · Score: 0, Troll

    Copyright 2008 morgan_greywolf. All rights reserved.

    -----BEGIN PGP MESSAGE-----
    Version: GnuPG v1.4.6 (GNU/Linux)
    Comment: http://getfiregpg.org/

    jA0EAwMCq1d6DSlcTFBgyVbFIH21I4WaaMdk4LmIAkeqVumRhZuEShoxFVAJY/qn
    VRuvT7O9xzq2ZUY4MJj2I9oBEgyfp4A8IOibt7UKCBu8rTsLt9PWHOFMJFTyqNNX
    +MrnvNxDmA==
    =ztJ+
    -----END PGP MESSAGE-----

  19. Re:This treaty is being done behind closed doors.. by aeoo · · Score: 4, Insightful

    They can pass their little secret treaties, but how long and how seriously do they think people who are not privy to these secret meetings will honor these treaties?

    If our rights as common people are being so openly snubbed, then this means the end of the copyright, because no one is going to respect it.

    This is already happening, but I am surprised these copyright idiots don't see that what they are doing, these secret meetings and taking into consideration only "powerful" interests is destroying what they want to accomplish. They forget that without people getting on board of this train it is going nowhere fast.

  20. Treaties = Constitution by slimjim8094 · · Score: 2, Interesting

    That's what I see here, and that's what's so dangerous about treaties (it's why we never ratified the Treaty of Versailles):

    Treaties are given equal status with the Constitution. Which makes this line:

    the US courts and Congress are still working out the correct balance between protecting copyrights and the free exchange of information on the Web and a treaty could be counterproductive.

    very interesting.
    If a treaty spelled this all out, it'd be like passing an amendment and not even the Supreme Court could do anything.

    This is why treaties are usually an uncomfortable topic. Passing a bad treaty is a big fuckup similar to a bad amendment.

    --
    I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
    1. Re:Treaties = Constitution by Apple+Acolyte · · Score: 2, Interesting
      False, false false: Treaties != Constitution.

      Treaties are given equal status with the Constitution.

      Equal status as being supreme to state constitutions and laws, but not equal status with the Constitution itself. The Constitution is still the overriding Supreme Law of the United States. The Supremacy Clause doesn't explicitly rank levels of supremacy, but just as we know the Constitution is superior to Congressional legislation, so too must it be superior to treaties made under the Constitution. According to Justia.com:

      By the supremacy clause, both statutes and treaties "are declared . . . to be the supreme law of the land, and no superior efficacy is given to either over the other." As statutes may be held void because they contravene the Constitution, it should follow that treaties may be held void, the Constitution being superior to both. And indeed the Court has numerous times so stated. It does not appear that the Court has ever held a treaty unconstitutional, although there are examples in which decision was seemingly based on a reading compelled by constitutional considerations. âoeThe treaty is ... a law made by the proper authority, and the courts of justice have no right to annul or disregard any of its provisions, unless they violate the Constitution of the United States.â

      --
      Part of the hardcore faithful who believed in Apple long before it was cool again to do so
    2. Re:Treaties = Constitution by slimjim8094 · · Score: 1

      I probably should have explicitly spelled that out - but treaties that contravene the Constitution aren't passed, so in effect they have the same status as an amendment that doesn't change a part of the constitution

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
    3. Re:Treaties = Constitution by Anonymous Coward · · Score: 0

      LIES,

      No treaty has equal status as the constitution. They have equal status to laws passed by the legislative and executive offices. An unconstitutional treaty can still be struck down by the supreme court.

    4. Re:Treaties = Constitution by Apple+Acolyte · · Score: 1

      but treaties that contravene the Constitution aren't passed

      That may be true from the standpoint that no treaty has ever been explicitly struck down by the courts as unconstitutional, but it is noted in that previous excerpt that, "there are examples in which decision was seemingly based on a reading compelled by constitutional considerations." I don't think there's any guarantee that an unconstitutional treaty hasn't passed in the past or won't ever be passed in the future, but whether or not such Constitutionally defective treaties will be struck down is a different matter. Clearly judicial review extends to treaties, but based on precedent, it's pretty safe to assume treaties probably won't be struck down by the courts any time in the future. That is probably close to the point you're making, and another reason why Americans to be very leery of ACTA.

      --
      Part of the hardcore faithful who believed in Apple long before it was cool again to do so
    5. Re:Treaties = Constitution by Apple+Acolyte · · Score: 1

      Amend the statement, "but based on precedent, it's pretty safe to assume treaties probably won't be struck down by the courts any time in the future." to read, "but based on precedent, it's pretty safe to assume treaties probably won't be struck down explicitly on constitutional grounds any time in the future." Unless, that is, a treaty contains an outlandishly unconstitutional provision that would compel judicial review.

      --
      Part of the hardcore faithful who believed in Apple long before it was cool again to do so
  21. My counter by symbolset · · Score: 4, Interesting

    My suggestion: One Copyright of 25 years, with two renewals of 25 years each. Then its OVER.

    And my counter offer would be 10 years, once and no more.

    As an alternative: first year is free, second year is $100. Doubling every year thereafter.

    --
    Help stamp out iliturcy.
    1. Re:My counter by houghi · · Score: 2, Insightful

      Thanks for making it unpossible for the common man to have a copyright and only let (big) companies get away with it. They also will love to have the excuse of tax-reduction AND can now more easily convince the law to go after grandma humming a song, because after all: they payed for it.

      --
      Don't fight for your country, if your country does not fight for you.
    2. Re:My counter by ionix5891 · · Score: 1

      after 64 years things would get really fun when it'll come to paying the bill

    3. Re:My counter by Anonymous Coward · · Score: 0

      What's that? Valuable property should be taxed? If these things are so valuable as to tie up the courts, then the people should get more benefit.

      I'd say 45% of all licensing fees should go directly to Uncle Sam.

      Also, I'd let the owner set the value of the IP. Then you could set a tax rate to that value.

    4. Re:My counter by symbolset · · Score: 1

      The big corps currently steal the commons. That has to change. It is not right that to publish a new treatment of a Grimms fairy tale you need $50m in legal fees to fight Disney.

      Copyright is also being used to promote censorship in ways our parents never would have permitted. That must be stopped.

      --
      Help stamp out iliturcy.
  22. Once again... by Anonymous Coward · · Score: 0

    Congress will likely kick back and let the President invent laws by signing "Agreements" (Treaties) that he has no authority to sign.

  23. Pharmaceuticals by ProzacPatient · · Score: 0

    "The US, Japan, Canada and other nations said last year that they would begin negotiations on an agreement aimed at cracking down on counterfeiting of such goods as watches and pharmaceuticals"

    How dare those sickly peasants get the medicine they need at an affordable price!

    1. Re:Pharmaceuticals by east+coast · · Score: 1

      How dare those sickly peasants get the medicine they need at an affordable price!

      I think you mistake the meaning of counterfeiting in this case. While there are a number of patent offending medications out there, there is also a much larger market of drugs made to look like a regular pharmaceutical but in all reality is nothing but a sugar pill. Even within the US there is a market for these drugs that find their way (on a rare occasion) into the mainstream pharmaceutical supply. It's a very dangerous business for the patient and damning for the honest drug store and dispensing pharmacist that gets "caught" for peddling fake medications unwittingly. If there is any reason for the FDA and DEA to exist this is it.

      --
      Dedicated Cthulhu Cultist since 4523 BC.
    2. Re:Pharmaceuticals by Antique+Geekmeister · · Score: 1

      Or where the benefits of the "medicine" are fraudulent. St. John's Wort is a good one right now, where the claims of both effectiveness and actual content in the tablets are pretty much made up. Mangosteen and Noni Juice are others: Scientology with its claims of health benefits from 'auditing' is one of the most famous medical frauds.

    3. Re:Pharmaceuticals by ProzacPatient · · Score: 0

      Thank you for your correction, however, I believe that the outrageous cost of medicine fuels the market for counterfeit medication to some extent.

    4. Re:Pharmaceuticals by east+coast · · Score: 1

      Sure it does. There are a ton of things that are wrong with the industry today but there is no easy solution such as most people like to make it seem. These companies simply can not offer drugs at such a low cost that they can't afford R&D to say nothing of their shareholder's interest in it all.

      It may sound crappy but these companies do have to answer up to their shareholders with reasonable profit. That's the nature of capitalism. Think of it what you will but it has spurred a ton of the innovation in medicine that we've seen in the last century+.

      Simply, there is no easy solution because either you kill profit and damage innovation or you risk a certain sector of the population being left out due to financial issues. I'm sure a majority of the people would like to find a middle road but I honestly don't know where that is.

      --
      Dedicated Cthulhu Cultist since 4523 BC.
  24. The real issue by pwizard2 · · Score: 1

    ..is that companies like Disney are inherently unstable. The same thing can be said of entities like record labels and movie companies.

    If you are a company whose main (or even only) assets are so-called "intellectual property", then you are basically a time bomb, and copyright is the only thing that maintains profitability. Once Mickey becomes public domain, Disney is screwed, and they know it, since other characters will soon follow. Sure, Disney has other stuff, but will it be enough? (Disney products can be easily copied if they ever fall out of copyright, and theme parks alone would probably be insufficient to keep Disney afloat) In the case of the music/movie people, they don't even have tangible products to fall back on, so it is even worse for them than for Disney. To ensure profitability, I suspect these companies will at least try to extend copyright to the extreme (something like life+1000 years, eventually, if the companies are still around by then) once the already ridiculously-long current copyrights are in danger of lapsing.

    Companies that make tangible goods (like cars, wrenches, computers, etc.) don't suffer from this as much because it takes a lot of up-front investment for a viable competitor to appear, and this keeps most people out of the game. In contrast, lots of people can easily draw Mickey and redistribute movies and music, and only legal threats are able to prevent them from freely doing so for profit.

    --
    "It is a denial of justice not to stretch out a helping hand to the fallen; that is the common right of humanity."
    1. Re:The real issue by Anonymous Coward · · Score: 0

      If you are a company whose main (or even only) assets are so-called "intellectual property", then you are basically a time bomb, and copyright is the only thing that maintains profitability. Once Mickey becomes public domain, Disney is screwed, and they know it, since other characters will soon follow.

      An important point to bear in mind is that what really protects Mickey is his status as a trademark, and that's never going to expire. Copyright applies to specific films, not to the characters. Disney doesn't want "Steamboat Willy" going into public domain either, of course (though it, and almost all other classic Disney cartoons, have been public domain in my country for years now), but that is important more for its indirect impact than anything else. If all the classic Disney cartoons were public domain in the US, I can imagine an argument that that would eventually lead to dilution of the trademark; but that's very indirect.

    2. Re:The real issue by meringuoid · · Score: 1
      Once Mickey becomes public domain, Disney is screwed, and they know it, since other characters will soon follow. Sure, Disney has other stuff, but will it be enough?

      When did you last watch a Mickey Mouse cartoon? I haven't, not in many years. I don't remember even noticing that one was being shown on the TV, not in the last decade at any rate. They used to show them all the time when I was a kid, but now the old five-minute cartoon shows are dead. The Simpsons killed them.

      I don't think Disney make all that much much off Mickey Mouse. Nor Donald Duck, nor Goofy, nor... you know what? I'm out of characters. Disney cartoons sucked anyway, Warner Bros. were far better. Disney make far more on their movies. Most of their characters are public domain to begin with - Disney don't own Snow White, nor Sleeping Beauty, nor the Mad Hatter, and Peter Pan belongs in perpetuity to Great Ormond Street Childrens' Hospital. And even though they own the films, well... lose copyright on those and you get third parties producing their own copies, but the Disney brand counts for a lot in the customer's mind. There might be cheap copies now legally sold at the market, but the birthday present for little Jessica is still going to be a real Disney disc bought in a Disney store.

      And the big cash cow for Disney today won't go out of copyright for a long, long time. Don't think of dusty cartoons from the early twentieth century. Think Buzz Lightyear. Pixar is huge.

      Of course Disney will protect Mickey Mouse, but not for the revenue his cartoons bring in: only because they've made Mickey Mouse the iconic mascot for the Disney brand, and if the early cartoons enter the public domain then derivative works of those become legitimate. Derivative works which might portray their subject in the most awful manner. You do not want to give /b/ free rein on the good reputation of Mickey Mouse!

      --
      Real Daleks don't climb stairs - they level the building.
    3. Re:The real issue by Anonymous Coward · · Score: 0

      Too late. Rule 34 has been, is being, and will be applied.

  25. Finally! by Jane+Q.+Public · · Score: 1

    Google is pushing for Less Evil again.

    After the China censorship thing, and a couple of other more recent escapades, I was beginning to wonder.

  26. Re:This treaty is being done behind closed doors.. by Pichu0102 · · Score: 1

    They know it won't get passed if it's done publicly.

    No, they just don't want to deal with the complaints from the minority of the people they govern who actually care nitpicking at it.

    They could do it publicly easily, but they would get bothered more.

  27. Took long enough ? by unity100 · · Score: 2, Insightful

    im wondering why did such companies like google, yahoo et al didnt readily form into such groups with the advocacy organizations BEFORE crap like acta, copyright cops come up. wasnt it a foreseeable fact that defending important facets of the new information revolution would be a necessity sooner or later ?

  28. Some historical links: Hollywood v. Edison by FreeUser · · Score: 4, Informative

    Well, it's not authoritative (I'm at work and don't have time to dig up primary sources), but here's an overview of what happened:

    Studios flee to Hollywood[1]

    In the early 1900s, filmmakers began moving to the Los Angeles area to get away from the strict rules imposed by Thomas Edison's Motion Picture Patents Company in New Jersey. Since most of the moviemaking patents were owned by Edison, independent filmmakers were often sued by Edison to stop their productions.

    To escape his control, and because of the ideal weather conditions and varied terrain, moviemakers began to arrive in Los Angeles to make their films. If agents from Edison's company came out west to find and stop these filmmakers, adequate notice allowed for a quick escape to Mexico.

    Working without disturbance from Edison, the Biograph Company moved west with actors Blanche Sweet, Lillian Gish, Mary Pickford, Lionel Barrymore, and others, to make their films. After beginning filming in Los Angeles, the company decided to explore the neighboring area and stumbled across Hollywood.

    Biograph made the first film in Hollywood, entitled In Old California. After hearing of Biograph's praise of the area, other filmmakers headed west to set up shop.

    The first motion picture studio was built in 1919, in nearby Edendale, just east of Hollywood, by Selig Polyscope Company, and the first one built in Hollywood was founded by filmmaker David Horsley's general manager Al Christie in 1911, in an old building on the southeast corner of Sunset Boulevard and Gower Street. Movie studios began to crop up all over Hollywood after Christie's appearance, including ones for Cecil B. DeMille in 1913, the Charlie Chaplin Studio in 1917, and many others.

    [1]: http://www.u-s-history.com/pages/h3871.html
    [2]: http://webpages.dcu.ie/~flynnr/hollywood_history_1891_-_1917.htm (interesting timeline)
    [3]: http://www.cobbles.com/simpp_archive/edison_trust.htm (details on Edison's monopoly, which Hollywood broke)

    Primary sources would take longer than I have to dig up, but you get the idea.

    --
    The Future of Human Evolution: Autonomy
  29. Less Cynical by Morosoph · · Score: 1

    Keep in mind the quote was brief and may have been taken out of context. He may have just been talking about the motivation of the pro-buisiness lobbyists.

    Perhaps the quote was deliberately ironic. The ideologically blinded would get the exoteric message, and those with some sense of what they're meant to be doing would get the deeper message.

    One way of looking at it is that the industry interests cancel out, so why not look at the interests of the people?

    I find it amusing that politicians always appear to look to how to keep things overpriced and scarce: surely the opposite of value creation!

  30. they do goto prison quite often by Anonymous Coward · · Score: 0

    No they don't.

    Ken Lay: "died".
    Enron: Nope.
    Banking: Only the Natwest four (from a foreign country, UK).

    the few cases are high profile because corporation employees DO NOT go to prison generally, no matter how bad the corporation acts from their direction.

  31. Debate in The Netherlands about ACTA by Anonymous Coward · · Score: 0

    There was a debate in The Netherlands about ACTA today:

    http://media.ffii.org/ActaTweedeKamer080924/tweede-or-11h31.wmv

  32. Re:Symmetric password is test by caluml · · Score: 1

    -----BEGIN PGP MESSAGE----- Version: GnuPG v2.0.7 (GNU/Linux) Comment: http://getfiregpg.org/ jA0EAgMCekgVsNWaUAhgycAQNns+bnnRYqFALRaoj2B58/31fABkwz7Ty3BRmNo4 KMkK0H3Qshfr05XmUoBzEn+704yWsOxzE+O/gLy/ecaA1V6V9UyaP2Xk6nSjKjdE 7XKo5AGzEOWLXzXS/Axco+vxq/7kaJ02J+vCMhZ9QrY1z+6KDs1MRO4Vw7TjS8VB YBICxbGWzjLXtY5Iun7unPU73R6SHeJqOo3wJ/JpK/OK2B5rsrvySTe/8EfCSZIT mEJSzeZY+lRIOGBxI3E6ZLLWB7hVnP7laIxsX+UcRo9cSw== =tozK -----END PGP MESSAGE-----

  33. Re:Symmetric password is test by caluml · · Score: 2, Funny

    This is not to be decrypted by anyone in the RIAA or MPAA. -----BEGIN PGP MESSAGE----- Version: GnuPG v2.0.7 (GNU/Linux) Comment: http://getfiregpg.org/ jA0EAgMCN3Q5S5K8/stgyW2wpPDp9qolaWLUSeezFjx/U4Qis37YdJcWPiIPC13E DUQfb+94qzZxK7PEWU+GdCUHmCeVf9W1tCsR43HTl1VJKLSIHGwEhcNMT3YQhVSA vt3AIvLVDoMnUff9muZKGdTtVZWzE0/i6BWCgms2 =AUh8 -----END PGP MESSAGE----- This FireGPG plugin is nice!
    Hang on - wait - how is this "browser plugin" running programs (gpg) on our local machines?

  34. Re:Symmetric password is test by QuantumG · · Score: 1

    -----BEGIN PGP MESSAGE-----
    Version: GnuPG v1.4.7 (MingW32)
    Comment: http://getfiregpg.org

    jA0EAwMCXacBIDCUThJgyXFQDzdWuEqpI4BvRieVpjuNTnPDAOCzlqx30hXVktiL
    QM6MXFSo7Tn+EsHbzh8iDsK8zb6MK113GjUkag3Vk2CdduKOOU2kUdYmqvTbQ214
    jnjY4NBm073/zuHtQAdl+ij+fbk/2XargilBAStLDfQ8Cg==
    =ODfL
    -----END PGP MESSAGE-----

    --
    How we know is more important than what we know.
  35. ACTA was done in secret by CHRONOSS2008 · · Score: 1

    ACTA was done in secret
    ACTA was done without you to know it was to happen
    ACTA is facism and plutocracies at work
    ACTA is wrong and destroys culture and makes all things cost more not using markets to put pressure on stuff to cheapin htings

  36. UM does jury duty ring a bell by CHRONOSS2008 · · Score: 1

    quite random

  37. Re:Vote with your wallets..doesnt work. by CHRONOSS2008 · · Score: 1

    YOU have to buy what your after eventually.
    Better way is to start getting in the faces of suits carrying breif cases and instead of saying good day.
    SAY "hows your day mr greedy bastard"
    perhaps a million people saying that might get there attention more....

    and how about a new phrase

    tax predators

  38. wait a minute by hesaigo999ca · · Score: 1

    Correct me if I am wrong, but |Google have their library project which is in courts as we speak about copyright infringement of artists( writers) works. Isn't this called hypocrisy???

  39. Re:Voting with your wallets WORKS by PDAMedic · · Score: 2, Insightful

    The suits are numb and dont care about your opinion, getting in their face is unlikely scenario, especially since much of the machine is faceless. The money you spend is their lifeblood. It is quite easy to live without spending money on Disney products. It is quite easy to avoid giving money to specific companies and their sponsors. It is also worth while to let companies know that they are cut off from your money because of who they sponsor, thats different than getting in their faces, thats showing them where you cut off their blood supply. In a town where I live, locals were able to put several businesses which were biggoted or enviroment hostile (they continued to dump food wastes by the lake to "feed" the ducks and seaguls) out of business. This is a scaleable concept. Direct your money where it gives you the biggest bank both practically and ideologically. A million people doing that would rock the establishment. You have to be the change you want to see in the world. Thats BE not SAY. Good Luck All!

  40. Re:Symmetric password is test by Anonymous Coward · · Score: 0

    -----BEGIN PGP MESSAGE----- Version: GnuPG v1.4.9 (MingW32) Comment: http://getfiregpg.org/ jA0EAwMCWjpda1NtCPlgyXXCEakX5NETxlcrpXmMNjvJh99WUVCSn6BnsYcB4RJe fZlYT/E4vkzxsoDU8U5cgpUoa6GKPxnXmI2sg2mtKO9ZSG1SIYhEry4OHJ2lv6pI RUX4ywYMCnsgZDu2Ot7sBimrzJ4jLgCVskGnEVGJPP0BRDY+//E= =hBrX -----END PGP MESSAGE----- the Lameness sucks the life right outa pgp

  41. Re:Symmetric password is test by caluml · · Score: 1

    -----BEGIN PGP MESSAGE----- Version: GnuPG v2.0.7 (GNU/Linux) Comment: http://getfiregpg.org/ jA0EAgMCtMhSBLtolrVgyYx5umQf79GsFeYxMKyf2DGhKfoqmokO+HMayeEEVYSc C7nDy+OdHnxseY6OR640f2hSUhuRAMoaO1FQEenKBUVIMBJajxDRCO17O4jpiHt2 Nzf4/ebX6M96UrPdVYH2+8wCLgXua8+6vUsA2edTkk3COyei1gC4b+RjF6qWos4q 2K6vG3KtmHvEiAdAEQ== =SJvi -----END PGP MESSAGE-----

  42. Re:Symmetric password is test by caluml · · Score: 1

    -----BEGIN PGP MESSAGE----- Version: GnuPG v2.0.7 (GNU/Linux) Comment: http://getfiregpg.org/ jA0EAgMCFSb7W7Ire/dgycAI05l10ksK/fxGuBevK71MRWqZL7DZrkyjmZw8A+vr RPLvc2s4LLoB05mTQ501UG6d4uA/gIVNaB95KEuuYS3ECePslSvc3VRUV9xOGPXV nltykNBzwLp0cT+43oFbQCTa+cWIP6EokhAEy8k/xaycPQR/yVT+0kypVuL0D5n7 M1VTZ+nQD/W0OTtkValHYUNCSHCS4ElwvX4AJudTm4J2V9lY1eFV0hg7rj/uL0Cx jG9os/KEhZwrpTAkO3iTYWztNfQVpP4VJQ0= =4XSE -----END PGP MESSAGE-----

  43. The New System by danw5k1 · · Score: 1
    I've thought about this and come up with the new solution for elections:
    • Hence forth, politician can only be nominated by others
    • They all serve 6 years
    • They get 0% privacy for ANYTHING
    • If they are ever found receiving money they are hung by the neck until dead
    • Triple redundant oversight of all activities by three bodies: IRS, Homeland Security, A foreign government/UN contracted to look for impropriety
    • Nominees cannot refuse to serve if elected
    • All campaigns are run by the person who summited the original nomination
    • All funds to pay for campaign are provided by the govt.
  44. Re:Symmetric password is test by QuantumG · · Score: 1

    -----BEGIN PGP MESSAGE-----
    Version: GnuPG v1.4.7 (MingW32)
    Comment: http://getfiregpg.org

    jA0EAwMCC5cJiqEkfDxgyWPgUZ+OsxMR9nHOF7wkcbcbBwbC8gzNG5Gw2+9tclni
    hha/xn9mqiEp71P/ClDS01IB/+ETEtmTIDwkRsiJbiI11Zv/rwcgZP4uetMYIYnr
    M+Ky/2IbfkrUeHAbKt78AshSPnw=
    =TCGC
    -----END PGP MESSAGE-----

    --
    How we know is more important than what we know.
  45. Re:Symmetric password is test by caluml · · Score: 1

    -----BEGIN PGP MESSAGE----- Version: GnuPG v2.0.7 (GNU/Linux) Comment: http://getfiregpg.org/ jA0EAgMCkTas05nmkylgycBlXKaIERjQoswkNtzRL2hM6u/xz2B/2HZP1xUHl/sM fcgDDQbVbdpzllBq2yAq6/m59BkgsSSpXIDMhVXx+a+H6Loi0MY03Pz/9+XwiN9a veods6E+3a7Z7UC20PB+w6rbj5iYnKI9mK46Kfm+j05BI4brLlGTytI3O/Ziqh9b 1kVYXtSOMa8OQHjK515tVr9aZ/sVCCwkwSRzzo430Ok3/0tis2FYDMcM4UZh4hz8 2JBOktnKzuB7so5c03OQBn2PcLHBSZw+R7RUGfbeo4cIYhp/+fEzYmZTctbEXuVq TU55MebWTne3UaBRLFtwogKk1ekkPTC3MoAtcwnSqQ4R5S9ofU3+pDZrYKwnkMTW bHDnuehWHD3cQUF5Zs2wrA8avlT9u4c= =7/hg -----END PGP MESSAGE-----