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FTC Wants To Straighten Out IP Law

coondoggie writes with this excerpt from NetworkWorld: "What do you get when you mix the government, the court system, company lawyers and Joe Consumer? A serious mess that would send most people screaming into the night. But the Federal Trade Commission is no such entity. It wants to straighten Intellectual Property (IP) out and today said it will hold a series of hearings — the first in Washington, DC on Dec. 5 — it will use to examine IP law and the myriad issues surrounding it. Interested bigwigs from the tech industry, including Cisco, Yahoo and the Computer & Communications Industry Association are expected to testify along with professors, lawyers and other industry players. The patent system has experienced significant change and more changes are under consideration, the FTC said." The FTC held some different, but related hearings this week which addressed topics such as copyright law and DRM interoperability. Transcripts, podcasts, and summaries of the talks are available on the FTC-hosted "Protecting Consumers in the Next Tech-ade" site.

18 of 97 comments (clear)

  1. Straighten out? by dada21 · · Score: 4, Funny

    When did it go gay?

    1. Re:Straighten out? by Anonymous Coward · · Score: 5, Insightful

      When Mickey Mouse was allowed to decide the duration of copyright.

  2. Who wants to bet by SirLurksAlot · · Score: 4, Insightful

    that consumers and fair use get the short end of the stick at these hearings?

    --
    God, schmod. I want my monkey man!
  3. Those are easy odds to figure by Overzeetop · · Score: 4, Informative

    Right from the summary:

    Interested bigwigs from the tech industry, including Cisco, Yahoo and the Computer & Communications Industry Association are expected to testify along with professors, lawyers and other industry players

    I don't see a mention of consumers, and since consumers don't pay for lawyers (except the few who defend IP suits) or professors (who's salaries are paid for by "research grants" from corporations), it sounds like this can only end in tears.

    --
    Is it just my observation, or are there way too many stupid people in the world?
    1. Re:Those are easy odds to figure by ColdWetDog · · Score: 3, Funny

      imagine putting the beneficiaries of any other taxation scheme in charge of the rates and revenue, without having to ever justify the cost.

      Don't worry. They're just having committee hearings. These put two of the most useless concepts in human behavior (committee, meeting) together in one room. It's carefully designed so nothing of substance gets done.

      That's for the little get together in the bar after the meeting.

      --
      Faster! Faster! Faster would be better!
  4. Reminds me of one of the great lies... by tkrotchko · · Score: 4, Insightful

    One of the three big lies is "I'm from the government and I'm here to help you".

    I'd remind you that every time the government gets involved in IP law at every level, it ends up worse for consumers. Every time. So you should be scared when you see this. We'll end up like crazy canadian laws where an entrenched monopoly gets a tax on anything that poses a threat to that monopoly (taxes on ipods, black CD's, and likely ISP taxes).

    And that isn't the worst thing that could happen. The monopolies will be pushing for chips inside devices that can "tell" when media isn't authorized. In the name of helping the people of course.

    I realize I'm giving worst case scenarios here, but ask yourself this... Is the FTC likely to say "Goodness, none of the current laws are very consumer friendly, therefore, copyright/patent will be reduced in time and scope, there can be no more DRM, and people should be able to use music and video wherever they want, whenever they want". Won't happen, because the FTC doesn't have the authority to make it better. They do have the authority to make things *worse* for consumers though in terms of mandates and taxes.

    No thanks.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
    1. Re:Reminds me of one of the great lies... by Anonymous Coward · · Score: 5, Informative

      We'll end up like crazy canadian laws where an entrenched monopoly gets a tax on anything that poses a threat to that monopoly (taxes on ipods, black CD's, and likely ISP taxes).

      We have a levy on blank CDs, but nothing on iPods or internet service. I imagine many of us view the levy on CDs as a loophole of sorts that allows us to share as many songs as we want without any legal repercussions.

    2. Re:Reminds me of one of the great lies... by Shelled · · Score: 3, Insightful

      "So you should be scared when you see this. "

      Maybe. The FCC spent the last two administrations catering to every whim of broadcast media owners. Clear Channel wouldn't exist in its present form without their helping, deregulating hand. Broadcasters hate the extra fiscal burden of IP, so this may be a case in which consumers benefit as a side effect of catering to large corporation. Irrelevant but lucky.
      How a federal body with an original mandate to regulate broadcast spectrum has any authority over IP law is another question.

    3. Re:Reminds me of one of the great lies... by Compholio · · Score: 4, Insightful

      We have a levy on blank CDs, but nothing on iPods or internet service. I imagine many of us view the levy on CDs as a loophole of sorts that allows us to share as many songs as we want without any legal repercussions.

      What about those that purchase CDs for other legitimate means? I haven't burned music to a CD in years (on the order of a decade). Why should I have to pay a music tax on blank CDs that I'm only ever going to be using to distribute Linux?

    4. Re:Reminds me of one of the great lies... by Mashiki · · Score: 3, Interesting

      Why should I have to pay a music tax on blank CDs that I'm only ever going to be using to distribute Linux?

      You shouldn't. However a great number of people in countries with a levy system against recordable media, HDD's and such have already decided that if they're being treated as a criminal they may as well be a criminal; and use the system to their advantage. Myself I'm against the mass-criminalization of society by something plenty of people do, nothing is gained except point out how broken or out of touch the law or government is.

      20 years ago, no one really cared if you were out passing your mix tapes around. Now hell or high water it's the end of the world if you download an mp3.

      --
      Om, nomnomnom...
  5. Re:Minnie by schon · · Score: 5, Funny

    Nonono..

    Mickey and Minnie *were* married, but they got divorced a few years back. Disney did an awesome job of keeping it out of the press, but I got the following story from an insider:

    While it was happening, Mickey went to his lawyer and explained why things weren't working out between them. He ranted for over an hour, and when he was finished, his lawyer said

    "Well Mr. Mouse, while I can sympathize with you, I'm afraid you can't divorce your wife simply because you think she's a bit odd."

    Mickey jumped up and shouted "No! I didn't say she was odd - I said she was fucking Goofy!"

  6. Re:Me being a cynic says... by aproposofwhat · · Score: 5, Insightful

    It really depends upon who turns up from the corporations - if the IP lawyers have their say, then expect crazy software and business process patents to be favoured.

    If the CFOs and CTOs are involved, then the debate may be more balanced - fighting stupid patent cases as a cost of doing business can't be attractive for the beancounters, and the technical guys are more likely to appreciate how ludicrous the idea of patenting an algorithm is.

    This could turn out to be a good thing - the fact that it is being debated at all is encouraging.

    --
    One swallow does not a fellatrix make
  7. "Defensive IP" is a big part of the problem by erroneus · · Score: 4, Insightful

    "Defensive IP" is designed to be used as part of a counter-suit in the event that one big company sues another over IP infringement. This eventually gave birth to "IP Holding" companies whose primary purpose is to sue people over IP infringement and they are ultimately immune to counter-suits because they don't actually use or apply IP... just collect money from claims, settlements and law suits.

    The problem with IP is that is has become an industry in and of itself.

    And by IP, I mean copyrights and patents.

  8. Re:no, no, you don't understand U.S. elections! by Lord+Bitman · · Score: 3, Funny

    Obama won't be president until he's sworn in, in January.
    THEN everything will magically and instantly be fixed.

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    -- 'The' Lord and Master Bitman On High, Master Of All
  9. Re:no, no, you don't understand U.S. elections! by HiThere · · Score: 4, Insightful

    For some meaning of the word "fixed".

    I don't hold out much hope for Obama making things better, but he might slow the rate at which they are getting worse.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  10. One way to tell... by CarpetShark · · Score: 3, Insightful

    Do you see any mention of asking every day citizens whether they want to be able to copy a song from their friend? If not, it'll go industry's way.

  11. Re:Copyleft must be made into law by chkn0 · · Score: 3, Insightful

    I don't trust congress to be able to define copyleft correctly. RMS agonizes over whether the FSF has done it correctly, and his heart is in it. Boiling this task down to a yea/nay vote for 535 people who have so many other issues they're supposed to be up-to-date on that many decisions go to whichever party can purchase more of the congressperson's ear time sounds like a recipe for disaster.

  12. Re:no, no, you don't understand U.S. elections! by Spatial · · Score: 4, Funny

    Weren't you paying attention? YES. WE. CAN!