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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."

65 of 233 comments (clear)

  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 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.
    4. Re:WTF?! by Anonymous Coward · · Score: 2, Insightful
      Your statement...

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

      Their statement...

      but that's an oversimplification

    5. 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.
    6. 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.
    7. 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.
    8. Re:WTF?! by dgatwood · · Score: 5, Funny

      Quick! Everybody hide!

      :-D

      --

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    9. 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.

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

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

    11. 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.
    12. Re:WTF?! by Monkk · · Score: 4, Informative

      Quick! Everybody hide!

      :-D

      Quick! Everybody VOTE!! :)

      --
      TomB

      "You can't take the sky from me..."
    13. 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.
    14. Re:WTF?! by superdave80 · · Score: 4, Funny

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

    15. 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

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

      Are there virgins anymore?

      Wow. You must be really new here.

    17. 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.

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

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

    19. 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.

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    20. 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.

    21. Re:WTF?! by supernova_hq · · Score: 4, Funny

      This is slashdot, what do you think?

    22. 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?

    23. 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
    24. 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.

    25. 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.

    26. 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.

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    27. 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.

  2. 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.

    --
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  3. 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 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.
    2. 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...]?

      --
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    3. 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.

    4. 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.

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

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

    --
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  5. 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?

  6. 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.

  7. 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 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.

    2. 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.

    3. 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.
    4. 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.

    5. 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.

    6. 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.

    7. 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.

      --
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    8. 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.

      --
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  8. 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.

  9. 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.

    --
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    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.
  10. Re:Just ask Walt Disney by David+Gerard · · Score: 4, Funny

    Don't Copy That Floppy!

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  11. 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.

  12. 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.

  13. 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.

    --
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    1. 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.

  14. 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.

  15. 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.

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    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

      --
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  16. 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.

    --
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    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.
  17. 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)
  18. 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.
  19. 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 ?

  20. 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
  21. 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?

  22. 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!