Slashdot Mirror


EU ACTA Doc Shows Plans For Global DMCA, 3 Strikes

An anonymous reader writes "The European Commission analysis of ACTA's Internet chapter has leaked, indicating that the US is seeking to push laws that extend beyond the WIPO Internet treaties and beyond current European Union law. The document contains detailed comments on the US secret copyright treaty proposal, confirming the desire to promote a 'three-strikes and you're out' policy, a Global DMCA, harmonized contributory copyright infringement rules, and the establishment of an international notice-and-takedown policy."

406 comments

  1. Global government by vvaduva · · Score: 2, Funny

    More evidence that there is a real movement afoot for a global government with the goal of undermining the freedom and liberties of U.S. citizens.

    1. Re:Global government by TheRaven64 · · Score: 5, Insightful

      No, evidence that there is a movement afoot by the US government to undermine the freedom and liberties of citizens of the world. You already have a corrupt copyright regime, now you're trying to foist it on the rest of the world.

      --
      I am TheRaven on Soylent News
    2. Re:Global government by Shatrat · · Score: 4, Insightful

      That's a bit unfair.
      The goal is undermining the freedom of all people.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    3. Re:Global government by TheOrangeMan · · Score: 2, Insightful

      The way the summary reads it seems more like a U.S. initiative with the goal of undermining the freedom and liberties of global citizens...

      --
      My left arm is all scars and I consider that a valid excuse...
    4. Re:Global government by Yvanhoe · · Score: 1

      s/US citizen/worldwide consumers of cultural products/

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    5. Re:Global government by wizardforce · · Score: 1

      I think you've got that backwards. It's our government doing the undermining:

      indicating that the U.S. is seeking to push laws that extend beyond the WIPO Internet treaties and beyond current European Union law.

      --
      Sigs are too short to say anything truly profound so read the above post instead.
    6. Re:Global government by Wowsers · · Score: 2, Interesting
      Global government led by the failing USA?

      Strange how both the crooked EU and USA have kept this quiet....
      http://www.theregister.co.uk/2009/11/30/swift_tftp/

      European home affairs ministers are today set to approve a transatlantic deal that will see them turn reams of private banking data over to US intelligence.

      The expected approval signals a remarkable diplomatic victory for Washington. The European Commission and the US had previously clashed over the Terrorist Finance Tracking Programme (TFTP).

      TFTP began in secret following the 9/11 terror attacks. It allows US authorities to monitor SWIFT, the Belgian company that acts as clearing house for millions of daily transactions between European banks.

      --
      Take Nobody's Word For It.
    7. Re:Global government by Anonymous Coward · · Score: 0

      Strange how both the crooked EU and USA have kept this quiet....
      http://www.theregister.co.uk/2009/11/30/swift_tftp/ [theregister.co.uk]

      Quiet? That topic was discussed in the media in Germany last week almost everyday (eg concerning various groups/institutions voicing their concerns, all of them having been disregarded today by the German government...)

    8. Re:Global government by TheGratefulNet · · Score: 3, Insightful

      ROW is already just as corrupt as the US.

      get your head out of your patriotic ass. corruption knows no country or ethnic boundaries. if you are human, you are corruptable.

      its a wave right now. all countries are joining in. they love it! their leaders, that is. the citizens all hate it. but their needs were NEVER important. any illusion of that was just that, an illusion.

      you are either in power or not in power. and those in-power right now are enjoying a huge rape-fest of those that are not in-power.

      but this is WAY beyond any one country. its a WAVE and all leaders are enjoying the anti-freedom wave right now.

      sorry for the wake-up call. you can go back to your disney view of the world if you really want to, I guess...

      --

      --
      "It is now safe to switch off your computer."
    9. Re:Global government by palegray.net · · Score: 2, Insightful

      Trust me, EU politicians are already quite interested in eroding your freedoms. This may be extra encouragement, but it's not exactly starting the fire.

    10. Re:Global government by Shikaku · · Score: 2, Insightful

      Do it. Make it into a law. It's called due fucking process.

      The RIAA only worked with lawsuits now because they are all CIVIL cases.

      If people start randomly getting arrested without due process for no reason like the RIAA randomly does with potshots, there will be hell.

      Make it into criminal cases. There will be blood of executives on the streets, I guarantee it.

    11. Re:Global government by Anonymous Coward · · Score: 0

      That topic was discussed in the media in Germany last week almost everyday

      And also on Slashdot:

      http://yro.slashdot.org/story/09/11/27/150234/EU-About-To-Grant-US-Unlimited-Access-To-Banking-Data

    12. Re:Global government by Anonymous Coward · · Score: 1, Interesting

      Well, the 3x and out is most likely from EU. However, there is little doubt that bulk of this idea is from US. Sadly, this copyright with no provisions for even fair-use is a good sign that America is truly ran by corps; that is, we have become a fascists gov, with very little difference than some of what we see in many EU and other govs.

      America really needs to take on the idea that a corp is == to a person. That is one of the worst conclusions to come from our court systems. IIRC, I believe that a number of lawyers are about to take that on.

    13. Re:Global government by Late+Adopter · · Score: 2, Insightful

      The US by no means has exclusive domain over this madness, the content industry exploits corruption wherever it is. Witness the 3-strikes law, which we don't even have yet in the US.

      This isn't about expanding any one country's paradigm, it's about imposing the worst-common-denominator.

    14. Re:Global government by Anonymous Coward · · Score: 0

      Do you honestly still believe that the people (the ruled) and the government (the rulers) are one and the same? Years of history and evidence to the contrary aside, common sense tells me that you've concluded the logically impossible.

    15. Re:Global government by causality · · Score: 1

      That's a bit unfair. The goal is undermining the freedom of all people.

      Why? Why would they prefer to rule with an iron fist over oppressed and unhappy masses when they could instead be revered as wise leaders of a happy, prosperous, free people? What makes the former scenario so much more appealing to our leaders than the latter? Are they just sociopaths (or if they are, is that alone really a satisfying explanation?)?

      I'd be interested in whether anyone can adequately explain that. Obviously it appears to be the case, but the "why" answer is either missing or unsatisfactory.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    16. Re:Global government by 5KVGhost · · Score: 1

      Poor you. Last time I checked, the US was not part of the European Union.

      And the EU is notorious for disregarding the will of its citizenry in favor of whatever is convenient or profitable for the bureaucracy. Or for the governments of the larger controlling countries. The whole EU constitution process is a good example: An elaborate sham that deliberately avoided all that pesky interference by those backwards, unenlightened voters.

    17. Re:Global government by digitalunity · · Score: 4, Insightful

      I think you underestimate the pacifism of most Americans. They just don't care anymore.

      240 years ago the men that founded the USA were running away from what we have become. Freedom has given way to corporations needs and our ever more difficult struggle to maintain our standard of living. We need a revolt, but I just don't see that happening. Just look at even more repressed countries like Iran and North Korea.

      The time has come and gone to make peaceful change, but the country will have to descend much farther into the depths of hell before people will get off their ass and make a change.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    18. Re:Global government by BlackCreek · · Score: 1

      Strange how both the crooked EU and USA have kept this quiet....
      http://www.theregister.co.uk/2009/11/30/swift_tftp/ [theregister.co.uk]

      Quiet? That topic was discussed in the media in Germany last week almost everyday (eg concerning various groups/institutions voicing their concerns, all of them having been disregarded today by the German government...)

      I am not the GP. The topic was nowhere to be found in the "main" Dutch news media.

    19. Re:Global government by Wyatt+Earp · · Score: 0, Troll

      "The answer is of course, that it would be best to be both loved and feared. But since the two rarely come together, anyone compelled to choose will find greater security in being feared than in being loved."

      Elected and appointed leaders always do better with fear than reverence. Octavian, Hitler, Nixon, LBJ, W are five quick ones that come to mind. I'm sure that the bulk of western elected leaders from 1946-1990 used fear, but three that stand out for me are Nixon, LBJ (for the Goldwater ad alone) and W, excuse me for missing anyone, recovering from long weekend.

    20. Re:Global government by R2.0 · · Score: 1

      Having read the document, it appears to be more of a legalese document than ideological. There are very few actual "objections" to the US proposals; rather "What does this mean?", "We don't use that terminology in the EU", and "Part A conflicts with Part B - what's the deal?"

      I'm also curious as to the background. Apparently the EU delegation declined to publish a proposal; rather, they decided to comment on the US proposal. So, is the reason:

      a) The US is such a bully in the negotiations that the EU didn't really HAVE a choice to put forth a moderate proposal, and are still too cowed to object in writing?

      b) They decided to focus on 1 document as the base and modify it, as opposed to trying to merge 2 different documents?

      c) They decided to let the US be the stalking horse and provide cover for the EU delegation, and then playing Br'er Rabbit when it gets closer to ratification - "Please don't make me sign that treaty, big bad US!"

      Having negotiated contracts, etc. I'm betting on b). If it was a) Europeans should be ashamed their negotiators are such pussies. If it was b), Americans should be ashamed our negotiators are so gullible. Of course, looking at the result of US-Soviet arms talks, perhaps C) is the more likely.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    21. Re:Global government by gtall · · Score: 1

      That's easy to answer, if you do not have to submit to the will of the people via a honest, fair election, you can decide on the laws and transfer of wealth to your person which will make you happy for the rest of your life...as long as you can stomach looking in the mirror. Being revered as the wise leaders of a happy, prosperous, free people is only a recipe for a brief 15 minute claim to fame for being such a leader before you get voted out (presumably you haven't fixed the system to continually manage to get yourself elected as Congress-Critters here do).

    22. Re:Global government by Thing+1 · · Score: 1

      Resources, mostly. Same reason most wars are fought.

      --
      I feel fantastic, and I'm still alive.
    23. Re:Global government by eiMichael · · Score: 1

      Some people like the idea that they are depended on. By creating more laws people are more dependent on the government, legislators

      Many legislators come from a law school background. So with their law hammer, everything looks like a nail.

      People learned as children, don't bite the hand that feeds you. Lobbies get people elected, and offer as many legally allowable bribes they can.

      Some strive to control where they can, because they feel powerless in other areas of their lives. The many stories of drug abusing, closet homosexuals, adulterous politicians comes to mind. They can't control their urges, so they want to control other people's.

      They have a personal interest in a particular law. What if their nephew was a popular musician? DMCA seems reasonable. What if their place of employment before/after serving their term is a construction company? No-bid contracts to fix building your laws/actions destroyed seems reasonable.

      Would you (not PP, more general) be so quick to give up your well paid job, with very nice fringe benefits? More control equates to job security for these people. No first world nation is going to revolt against politicians or government when the local riot squad has weaponry and defenses that are illegal for civilians.

      I hope that helps answer the "why".

    24. Re:Global government by Carewolf · · Score: 2, Insightful

      Unfortunately for you. This is the EU analysis of a proposal by US to an international body, and thus all the ideas put forward are suggested by the US. So by your word; the US is trying to create a supernational government and are lobbying the EU to support the idea.

    25. Re:Global government by plague3106 · · Score: 2, Insightful

      Because of lust for power and basic greed, that's why.

    26. Re:Global government by Cwix · · Score: 1

      That would only be cool if I got to run it. (Lol Id screw things up probably, so i guess it wouldn't be cool)

      --
      You are entitled to your own opinions, not your own facts.
    27. Re:Global government by Anonymous Coward · · Score: 0

      I am not the GP. The topic was nowhere to be found in the "main" Dutch news media.

      Well, already back in September the European Parliament published a resolution were they voiced their concerns regarding this treaty:

      http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P7-TA-2009-0016+0+DOC+XML+V0//EN

      which is why I disagree that the EU kept it quiet. I did not watch much news on TV last week, but I fairly regularly read a major online news portal in Germany (spiegel.de), and over the last week (and also before) there were several articles about it. So, the information was out there. Maybe not all media outlets did a good job, but I think one can not blame the EU for that...

    28. Re:Global government by Anonymous Coward · · Score: 0

      I already get my M-16.

    29. Re:Global government by interkin3tic · · Score: 1

      No, evidence that there is a movement afoot by the US government to undermine the freedom and liberties of citizens of the world.

      By "US government" you mean "several international corporations". They're not -quite- the same thing, for the time being. Both sides are working to various degrees to change that though.

    30. Re:Global government by asamad · · Score: 1

      Time to use they laws against themselves. Lets hire those 1000 monkeys to write up 1000's & 1000's of copy writable material and everytime an american company looks like it is breaking copy slam them with their own laws.

      What a sad world we live in where corporation rule

    31. Re:Global government by b4dc0d3r · · Score: 1

      Pacifist is not quite the right word. We have a good enough life that people don't want to take a risk.

      Riots and looting don't happen in affluent neighborhoods, or at least not by affluent people. Someone with a good job, nice benefits, a family, expensive possessions is not likely to throw a TV through a store window just to express outrage.

      It's like dropping a $100 bill down the sewer pipe. If you don't have a lot of money, you might dedicate the rest of your day to getting that back. If it's just one of 50 you have on you, you might just figure it's not worth the effort.

      And that's where the USA standards of living are right now - for almost everything, it's not worth the effort. Especially when we have state laws which take effect, they don't (directly) affect people in the 49 other states so why bother complaining... when people get to the point that they care, it's usually because they are desperate. Not because they suddenly develop a conscience or philosophy or a different world view.

    32. Re:Global government by Mashiki · · Score: 1

      I think you underestimate the pacifism of most Canadians/Europeans/Japanese/*insert nationality* . They just don't care anymore.

      Let me change something here. I'm heavily involved in a few things, politics at the federal level(Canadian). Law and law enforcement related liaison work currently at the municipal and provincial levels(Ontario).

      Here's what I hear from the cops on the street when they're trying to deal with issues relating to crime and social disorder. "The people don't care, all there is apathy, and the refusal to help unless it benefits them." That bothers them a lot, lot of good cops that do go out of their way to try and deal with stuff and can't get anywhere.
      Here's what I get from politicians: "People don't care, I hear from less than 2% of my constituents, and when they do it's because it's on an issues I can't do anything about."

      The sad thing is it doesn't seem to be limited to anyone anywhere, with anything on any issue. Everyone is apathetic about everything, as long as it doesn't burst their bubble. I really do think that the vast majority of people have had it too easy, to nice, too comfy, and unless it's really threatening they don't care. This allows anyone with an agenda, even badly formed ones to sway public opinions by scaring the living piss right out of them.

      --
      Om, nomnomnom...
    33. Re:Global government by snadrus · · Score: 1

      Traditionally that served us well to ignore the laws. Most people don't realize that US states have laws requiring you to hide your car from horses or give them a carrot when you pass because the horse industries weren't going to let cars hurt their business model.
      The problem is now we can't ignore it because the lawsuits are so televised & coordinated (since the news agencies share owners with the content industries). Otherwise they would be like other dying monopolies: have their corrupt laws forgotten about and left unenforced rather than taken off the books.
      So instead of RIAA suing for profit, we have the over-strained police supposed to check for this (or more easily make their quota with speeding tickets)? Sounds like a win to pirates.

      --
      Science & open-source build trust from peer review. Learn systems you can trust.
    34. Re:Global government by Falconhell · · Score: 1

      Was there some part of the US is pushing the agenda that was not clear to you?

    35. Re:Global government by gamecrusader · · Score: 1

      CONSIDER THIS
      A decleration of war, time to start the greatest internet firestorm of all time, outraged users getting the message out, after all use the internet since heck its the fastest form of communication.

    36. Re:Global government by mjwx · · Score: 1

      ROW is already just as corrupt as the US.

      Not really.

      Some nations like Thailand and Colombia are more corrupt then the US but most western nations like Australia, France and Germany are less corrupt due to strong corruption watchdogs. The least corrupt nations are far better then the US, namely New Zealand and the Nordic states (Sweden, Finland, Denmark, Norway). You are treating corruption like it's binary, if corruption is there its as bad as it is in the US, by this logic I can say that the level of corruption in the US is equal to that of Thailand (which of course is not true). Almost all nations will have corruption but some nations have significantly less corruption, like the US has a lot less corruption then Thailand, Western Europe and Australia have less a lot corruption then the US.

      Levels of corruption not withstanding (they are kind of besides the point here), ACTA is entirely a case of the US attempting to enforce its own laws on the rest of the world(TM) and frankly we don't like it.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    37. Re:Global government by gamecrusader · · Score: 1

      what i mean by firestorm, from looking around, this isn't known then again, i can't cover everywhere in a few hours. I don't see petitions, among other different forms of legal protesting
      though i mean both sides of the Atlantic and Pacific,and messages going out to every person with powerfull positions, including the U.N. we get their support, it means we may have many other countries, but that sadly, isn't going to happen in a few days, nor weeks.

    38. Re:Global government by gzipped_tar · · Score: 1

      Freedom has given way to corporations needs and our ever more difficult struggle to maintain our standard of living.

      It's your Manifest Destiny, USAer. Your Founding Fathers were not the opposite of it, but part of it.

      Get over it.

      --
      Colorless green Cthulhu waits dreaming furiously.
    39. Re:Global government by digitalunity · · Score: 1

      Just because our modus operandi of the last 60 years has been such does not mean it has to be our future. Manifest Destiny is bullshit.

      The future of the country is what we choose it to be. Sadly, in a country where barely half the people vote, let alone get involved in politics or give a shit really about things other than taxes, health care and unemployment benefits, we will never get moving in a positive direction.

      We need a return to moderate politics, sensible spending and an end of corporate influence in all aspects of criminal law including, but not limited to, copyright infringement.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    40. Re:Global government by quanticle · · Score: 1

      You know what? I'd be far more comfortable with a fellow Slashdotter running the world than I would with the average politician. At least the random Slashdotter understands the way technology works and inherent limitations that crop up when trying to regulate the Internet. The average politician does not understand that, and so they push through bad laws that end up causing more problems than they solve.

      --
      We all know what to do, but we don't know how to get re-elected once we have done it
    41. Re:Global government by quanticle · · Score: 1

      but three that stand out for me are Nixon, LBJ (for the Goldwater ad alone) and W, excuse me for missing anyone, recovering from long weekend.

      Okay, I know you're recovering from the long weekend and all that, but really? You could have chosen any dictator that ruled with an iron fist, from Ivan the Terrible to Robert Mugabe, but you chose... Lyndon Baines Johnson, Richard Nixon, and George W. Bush? I'm not saying that they were necessarily nice people, but they're not even close to the top of the list when it comes to ruling by fear.

      PS: I'm really going to have to disagree with you regarding Lyndon Johnson. Yes, he got us deeply entrenched in Vietnam. But, he also got us Medicare, and Medicaid, greatly extending the social safety net for those who are worst off in society - the poor and the elderly.

      --
      We all know what to do, but we don't know how to get re-elected once we have done it
    42. Re:Global government by Wyatt+Earp · · Score: 1

      Elected.

      "Elected and appointed leaders always do better with fear than reverence."

      Ivan wasn't elected or appointed, I skipped over Mugabe because he came into power through a revolution and the elections since 1978 haven't been all that open.

      I skipped over a ton of dictators, kings, queens, etc because I wanted to focus on elected or appointed (Octavian) leaders who lead and kept power through fear.

      As for LBJ, what did he run on against Goldwater? Yes, Goldwater will get us nuked. Thats more running on FUD than anything Bush/Cheney and the GOP did. On that note, Nixon could have gotten us all universal health care if the Dems had wanted to work with him something that was noted as Ted Kennedy's one political regret, not working with Nixon on health care.

    43. Re:Global government by gzipped_tar · · Score: 1

      Thanks. I was trolling for information, so sorry about what I wrote in GP post.

      That said, one piece of information is disturbing: copyright infringement is (or is becoming) a criminal offense in the USA? Everywhere else it is a civil matter between the copyright holder and the infringing party.

      --
      Colorless green Cthulhu waits dreaming furiously.
    44. Re:Global government by M-RES · · Score: 1

      ...and therein lies your problem - the M16 is far too niche a weapon with limited supplies. You need a more ubiquitous automatic firearm like the Kalashnikov AK47 - copied over and over and built worldwide, you can guarantee a good supply of ammunition and spare parts from all allies... hehehe :D

    45. Re:Global government by M-RES · · Score: 1

      And if the ROW doesn't want to swallow the Imperial copyright regulations, they can bally well swallow the Imperial Stormtroopers boot!!

    46. Re:Global government by Anonymous Coward · · Score: 0

      There is no where to run... and no one willing to fight.

      Citizens are the losers.

    47. Re:Global government by MacWiz · · Score: 1

      Lot of posts here assigning blame to the governments. Whether you're in the US, UK, EU, Japan or Australia, it's the cartel that should receive the credit for this. Sony, EMI, Universal, Warner, Disney, Fox, etc.

      It has nothing to do with civil liberties. It's about money.

    48. Re:Global government by Xest · · Score: 1

      It depends if we're talking about corruption relating to IP laws or general corruption.

      If it's the former, which I presume it is because that's what the topic is about then this simply isn't true. The only nations showing the level of corruption of the US are those who have moved their economies towards imaginary property. This includes the likes of Britain and France, but countries that have more of a manufacturing or natural resources focus so far seem to have little interest in pushing strict copyright laws (Russia, China), because it doesn't benefit them and only benefits their competition (again, the US, Britain, France etc.).

      We're in this situation where in the West, economies are built around imaginary property because it means people can paid a lot for doing relatively little whilst the other countries do all the hard work for us. The problem is that the other countries want to be in this situation too, and as we've seen with outsourcing to Asia, they can do it cheaper. So we have this situation where competitors are beginning to eat away at our cushy jobs, and the Western governments are beginning to panic, the movie/music industry is the next big industry at risk and governments (arguably wrongly) assume this is for the same reason. Stricter patent laws, stronger anti-piracy laws and other similar laws are all being put in place to try and stop the fall of our easy lifestyle and the natural balancing out of jobs.

      I don't see laws fixing it long term, I think it's inevitable that it'll happen regardless, I believe we'll see equalisation of jobs across the world regardless and this does mean a rise in manufacturing jobs. I think it's good for the world overall, but you try telling that to the government being nagged at by 1500 IT call centre workers that just got laid off because India can do their arguably quite simple jobs cheaper- governments will desperately try and protect against that even if it is inevitable.

      It's likely over time we'll see a move towards more balanced economies all round which personally I can't wait for, frankly I think it'll cut all the chaff out of the IT and other industries which plague it and who really aren't competent enough to be working in it. They'll be pushed back to relatively dumb manufacturing jobs where they're better suited. We wont have credit crunches like now because we wont have entire countries dependent on fiddling financial figures as they'll have to have a manufacturing base too.

      So then, ACTA is one of those things that's just there to try and prevent the inevitable, it's an attempt to stem the flow of balance across the world, it's not a sign of corruption per-se, but a sign of desperation more than anything, the rest of the world certainly isn't as corrupt as those pushing it though because the corruption of those pushing it stems from the self-interest and the harm it causes to the rest of the world and those who get in the way of said self interest.

    49. Re:Global government by ultranova · · Score: 1

      Ruling wisely requires you to have wisdom, while brutality is something any moron can manage. The Dark Side is the easier path.

      --

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

    50. Re:Global government by Anonymous Coward · · Score: 0

      Happy, prosperous and free people tend to watch their government very closely (partly because they don't have to watch their own step anymore or because they're not afraid to stand up anymore), and get a bit uppity about backhanders and suspicious 'donations'. Oppressed masses are easier targets when it comes to election years, have to do much less to please them. They also tend to be much easier to control when something goes slightly wrong - like say someone trying to start a revolution - much easier to both spot and crush anyone trying to change the system or take your yacht away.

    51. Re:Global government by aaandre · · Score: 1

      I know this may sound weird but after spending 8 months learning how to teach nonviolent parenting I can suggest that it has to do with upbringing. Most human children are raised as slaves, broken into obedience which is believed to be a virtue. Violence, distrust, control, punishment and rewards become core relationship tools for generation after generation.

      Check out Parenting for a Peaceful World for an insight of where humanity is coming from. Hint: infanticide, child rape, slavery & torture have been the norm for centuries.

  2. DOA in the US Senate by tjstork · · Score: 3, Insightful

    I don't think this treaty would pass in the US Senate. I would forsee the unlikely coalition of far rightists and far leftists actually collaborating to defeat this, just as they actually have on some other things.

    --
    This is my sig.
    1. Re:DOA in the US Senate by Anonymous Coward · · Score: 0

      The US Senate has nothing to do with a treaty. Once it gets signed, its in force, and even the Supreme Court would be hard pressed to alter a jot or tiddle on it.

      As of now, treaties supersede domestic sovereignity. Look at WIPO. It is enforced on US citizens without any debate ever done in any branch of our government.

    2. Re:DOA in the US Senate by Anonymous Coward · · Score: 3, Informative

      The Senate has to ratify a treaty.

      He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur[.]

    3. Re:DOA in the US Senate by jandrese · · Score: 4, Insightful

      What's more, because US treaties are backed by the power of the Constitution, they are very difficult to repeal later down the road if they turn out to be a bad idea, or, as is more often the case, the other governments back out of the treaty and leave the US holding the bag. Few countries put as much force of law behind treaties as the US. This is also one of the reasons the US never signed on to Kyoto, because it was assumed that the other countries wouldn't be able to make the ambitious targets and would quietly back out, whereas the US would be stuck with it.

      --

      I read the internet for the articles.
    4. Re:DOA in the US Senate by Anonymous Coward · · Score: 1, Insightful

      I don't think this treaty would pass in the US Senate. I would forsee the unlikely coalition of far rightists and far leftists actually collaborating to defeat this, just as they actually have on some other things.

      Errr, have you got any "far leftists" in your senate?

    5. Re:DOA in the US Senate by Anonymous Coward · · Score: 1, Informative

      No; but we, by convention, use the term to refer to our collection of center-right corporatists without actively theocratic tendencies.

    6. Re:DOA in the US Senate by QuantumRiff · · Score: 1

      Does it matter which side they are on? They are all owned by Lobbyists, instead of by voters..

      --

      What are we going to do tonight Brain?
    7. Re:DOA in the US Senate by cmiller173 · · Score: 1

      Aha, but my understanding from earlier stories is that this is not being pursued as a regular treaty but instead as an executive agreement. Essentially the administration would agree to pursue regular legislation enacting these provisions, which only require a simple majority to pass, rather than a treaty that would require 2/3 of the senate. I doubt that anyone currently in the senate would burn the "political capitol" to filibuster to stop these from getting to the floor. Odds are they would break it up into a bunch of little pieces added on to other bills to get them through.

      s999 An act to provide medical devices for elderly, and other reasons*

      "Other reasons" of course equals some provision of ACTA

    8. Re:DOA in the US Senate by db32 · · Score: 1

      Just like they did with the various copyright extensions and DMCA where they all got together, held hands, sang kumbaya, and then passed them all nearly unanimously...wait...shit... that is the opposite of what you are hoping they do.

      --
      The only change I can believe in is what I find in my couch cushions.
    9. Re:DOA in the US Senate by tjstork · · Score: 1

      Aha, but my understanding from earlier stories is that this is not being pursued as a regular treaty but instead as an executive agreement

      That's a good point, but at that point, this enabling legislation is NOT a treaty, and is thus something that the courts are far more comfortable overturning.

      To your point though, the USA should have a mechanism like many of the EU nations have. European citizens get to vote on a treaty being passed. We do not. What's up with that?

      --
      This is my sig.
    10. Re:DOA in the US Senate by tjstork · · Score: 1

      What's more, because US treaties are backed by the power of the Constitution

      Exactly. Under US Law, a Treaty has nearly the power of a Constitutional Amendment, but none of the powers. Treaties are an overwhelming design flaw in the Constitution.

      --
      This is my sig.
    11. Re:DOA in the US Senate by tjstork · · Score: 5, Informative

      Exactly. Under US Law, a Treaty has nearly the power of a Constitutional Amendment, but none of the checks and balances

      Fixed that for myself.

      --
      This is my sig.
    12. Re:DOA in the US Senate by digitalunity · · Score: 2, Insightful

      I'm kind of hoping the treaty gets signed and we just never ratify it. The rest of the world will feel like idiots for participating in this corporate coup d'etat.

      I hope, if our own cannot that at least other countries can realize the internet is not a media gateway but is basic infrastructure like water and highways.

      This is not Disney's internet.
      This is not Sony's internet.
      This is not Microsoft's internet.

      It belongs to the people who designed it, the corporations who built it, and the citizens who paid for it all.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    13. Re:DOA in the US Senate by Wyatt+Earp · · Score: 1

      No, the US Senate has to ratify the treaty.

      WIPO is enforced because we belong to the UN, so by joining the UN, the US joined WIPO

      The World Intellectual Property Organization (WIPO) is one of the 16 specialized agencies of the United Nations. WIPO was created in 1967 "to encourage creative activity, to promote the protection of intellectual property throughout the world."

      Article II, Section 2, Clause 2 of the United States Constitution, includes the Treaty Clause, which empowers the President of the United States to make treaties with other countries, after obtaining the consent of a supermajority of the United States Senate.

      http://en.wikipedia.org/wiki/Treaty_Clause

      "In the United States, the term "treaty" is used in a more restricted legal sense than in international law. U.S. law distinguishes what it calls treaties from congressional-executive agreements and sole-executive agreements. All three classes are considered treaties under international law; they are distinct only from the perspective of internal United States law. The distinctions are primarily concerning their method of ratification: by two-thirds of the Senate, by normal legislative process, or by the President alone, respectively. The Treaty Clause also has a somewhat different impact on domestic U.S. law, as compared to congressional-executive agreements and sole executive agreements.

      Currently, international agreements are executed by executive agreement rather than treaties at a rate of 10:1. Despite the relative ease of executive agreements, the President still often chooses to pursue the formal treaty process over an executive agreement in order to gain congressional support on matters that require the Congress to pass implementing legislation or appropriate funds, and those agreements that impose long-term, complex legal obligations on the U.S."

    14. Re:DOA in the US Senate by Anonymous Coward · · Score: 0

      What?

      The senate will ram through whatever Obama tells them to ram through, you haven't noticed this by now?

      These days all new legislation is bipartisan. That means both parties have been paid for, and it really doesn't matter who you vote for. Disney has the deep pockets to make this happen.

    15. Re:DOA in the US Senate by Anonymous Coward · · Score: 0

      it's not going to be a treaty, it'll be an executive agreement.

      Obama: but the senate will never ratify this!
      Counsel: we can get the same effect as a treaty but without that pesky need to ratify!
      Obama: *fist bump*

    16. Re:DOA in the US Senate by Anonymous Coward · · Score: 0

      Maybe they should try to feed the 12 percent of people who are living on USDA stamps first. It would also be a good idea to shelter the children who "are never left behind". There are about 1.500.000 of them in the US. And maybe, just maybe, they should stick behind their fucking borders and mind their own business.

    17. Re:DOA in the US Senate by Cwix · · Score: 1

      Thank you, cleared up your post nicely.

      --
      You are entitled to your own opinions, not your own facts.
    18. Re:DOA in the US Senate by B1oodAnge1 · · Score: 1

      This made me smile. thanks :-)

      --
      RUGBYRUGBYRUGBY
    19. Re:DOA in the US Senate by Cwix · · Score: 1

      That isn't trollish.

      --
      You are entitled to your own opinions, not your own facts.
    20. Re:DOA in the US Senate by Simetrical · · Score: 2, Interesting

      What's more, because US treaties are backed by the power of the Constitution, they are very difficult to repeal later down the road if they turn out to be a bad idea, or, as is more often the case, the other governments back out of the treaty and leave the US holding the bag. Few countries put as much force of law behind treaties as the US. This is also one of the reasons the US never signed on to Kyoto, because it was assumed that the other countries wouldn't be able to make the ambitious targets and would quietly back out, whereas the US would be stuck with it.

      Not true. Treaties ratified under the Treaty Clause can be superseded by ordinary law. See the Head Money Cases (emphasis added):

      The Constitution of the United States places such provisions as these in the same category as other laws of Congress by its declaration that

      this Constitution and the laws made in pursuance thereof, and all treaties made or which shall be made under authority of the United States, shall be the supreme law of the land.

      . . . there is nothing in this law which makes it irrepealable or unchangeable. The Constitution gives it no superiority over an act of Congress in this respect, which may be repealed or modified by an act of a later date. . . .

      A treaty is made by the President and the Senate. Statutes are made by the President, the Senate, and the House of Representatives. The addition of the latter body to the other two in making a law certainly does not render it less entitled to respect in the matter of its repeal or modification than a treaty made by the other two. If there be any difference in this regard, it would seem to be in favor of an act in which all three of the bodies participate. And such is, in fact, the case in a declaration of war, which must be made by Congress and which, when made, usually suspends or destroys existing treaties between the nations thus at war.

      In short, we are of opinion that, so far as a treaty made by the United States with any foreign nation can become the subject of judicial cognizance in the courts of this country, it is subject to such acts as Congress may pass for its enforcement, modification, or repeal.

      In fact, treaties can be even easier to repeal than laws. There have been multiple occasions when the President has decided to withdraw from a treaty without even asking Congress – like Bush withdrawing from the ABM treaty.

      On top of that, you can always implement a treaty in the form of an ordinary law. Treaties can be passed as "non-self-executing", in which case they have no legal force themselves at all. For instance, the United States ratified the Berne Convention, but 17 USC 104(c) says "No right or interest in a work eligible for protection under this title may be claimed by virtue of, or in reliance upon, the provisions of the Berne Convention, or the adherence of the United States thereto. . . ." Instead, the Berne Convention was implemented as the Berne Convention Implementation Act, which was passed by both houses of Congress as a regular bill.

      A treaty that we're a party to might not even necessarily have been implemented. I recall reading a Supreme Court case (sadly, I can't remember which) where a treaty we were party to would have prevented the execution of a Mexican citizen, but the Court dismissed the appeal, on the basis that the treaty was not passed as self-executing and wasn't implemented by any law. Thus although the international community recognized us as a party to the treaty, our own courts found it unenforceable under domestic law. The Supreme Court basically sai

      --
      MediaWiki developer, Total War Center sysadmin
    21. Re:DOA in the US Senate by StikyPad · · Score: 1

      In theory, what you say is true. In practice, unilateral withdraw is not without precedent, and is unlikely to face a legal challenge, let alone a successful one. And treaties can *always* be repealed by the Senate, regardless of international law, or the supposed "consequences" of violating such law (which, to be honest, are inconsequential). The law, as it applies to government, rarely provides any real consequences for violations thereof, ans so the "force" of such laws are weak indeed. For all practical purposes, treaties are still gentlemen's agreements, subject to the ebb and flow of their political support.

    22. Re:DOA in the US Senate by Anonymous Coward · · Score: 0

      But IANAL!

      That was very obvious.

    23. Re:DOA in the US Senate by Anonymous Coward · · Score: 0

      but none of the checks and balances

      You mean like being proposed by the President and requring the support of 2/3 of the Senators present, which is a high bar especially since the Senate rules require ample advance notice, that by the Senate rules cloture can only be invoked by 2/3 of Senators (not just those present), and that any Senator may seek an adjournment of the debate in his or her name for substantial (and possibly indefinite) amounts of time? Treaties are easy to filibuster.

      Moreover, the House of Representatives is not entirely locked out of the process as by the Senate's rules, common law, and statute the Senate cannot commit public funds under the Treaty process -- legislation funding Treaty obligations must originate in the House of Representatives.

      The Treaty clause is meant to bind future Presidents; it does not really stop future Congresses (or even the current one in the case where the Senate and House of Representatives are at odds) from effective abrogation, derogation or repeal. Moreover, a ratified Treaty becomes part of U.S. law and therefore is subject to legislative action (cf Head Money Cases 1884) and court review (cf Reid v Covert 1957). This can lead (and has led) to violations of Treaties in force that were earlier entered into in good faith by the various Parties including the USA. The United States are not considered a fully reliable international treaty partner. Moreover, the binding on future Presidents has not been fully tested in the courts or in the legislative process. (The critical check here is of course the threat of denial of supply (easy to arrange), or impeachment, or the introduction of a Bill to Amend the Constitution, which the President cannot block and has no formal say in; the balance is in a reiteration by an Act of Congress of directions to the President, which of course is subject to the overridable veto).

      The Article II.2.2 process is rarely used anyway, and in the wake of Missouri v Holland (1920) its use is arguably confined to areas where it is unclear that all the terms of the agreement fall under the federal government's enumerated powers. One of the lines of argument accepted by the courts was that the Seventeenth Amendment (1913) effectively delegated a number of States' powers to the People voting directly for their Senators and that this mitigated an apparent encroachment on the States legislatures' right to amend (or block the amendment of) the Constitution. Typically Congress by a Bill originating in the House of Representatives and passing by simple majority both Houses of Congress will authorize the Secretary of State (and/or the President and/or another Cabinet Officer) to negotiate an international agreement with spending obligations. Occasionally such Bills will originate in the Senate such as when there is clearly already in-place funding, or where none is needed, or where the Treaty has an impact only on one or two (typically border) States (usually essentially all the Senators from the affected States will have indicated their support for such a Bill before it is introduced).

    24. Re:DOA in the US Senate by R2.0 · · Score: 1

      How so? The Executive writes it, The Senate approves it's and the Courts interprets it. It's the converse of legislation, where the Congress writes it, the President signs it, and the SC judges it. Where's the missing element?

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    25. Re:DOA in the US Senate by Pharago · · Score: 1

      i never thought about it like that, i always wondered why, why, they do not sign the f-ing papers, now i have another more likely hypothesis, and, yes you are right, here in europe ppl signs things all the time but they usually don't mean dick anyways.

    26. Re:DOA in the US Senate by VJ42 · · Score: 1

      To your point though, the USA should have a mechanism like many of the EU nations have. European citizens get to vote on a treaty being passed. We do not. What's up with that?

      No we don't. Germany's constitution explicitly forbids referendums (referenda?), for example other countries EU occasionally do it because the population want one and the politicians think that it's politically expedient to give them one*. The only country that does get them is Ireland, and IIRC that's because their courts decided that treaties are effectively constitutional changes (which require a popular vote there). I also think that this only applies to EU treaties, though I might be wrong there.

      *Even then they if they don't like the result they change the rules and decide referendums aren't such good things after all. See the French and Dutch votes on the proposed Europian Constitution (they voted no) and compare that with the vote on the Lisbon Treaty (they didn't get one) despite it being a reworked version of the same document. This said by someone who is pro-EU and would have voted yes if we had got a vote (here in the UK).

      --
      If I have nothing to hide, you have no reason to search me
    27. Re:DOA in the US Senate by Anonymous Coward · · Score: 0

      I wouldn't say "none of" the checks and balances - the Senate has to strongly agree with the President, and at least SOME other country has to be willing to be party to it.

      I would certainly agree that the requirements are dramatically lower, and either these should be strengthened or the force treaties should be reduced to below the Constitution.

    28. Re:DOA in the US Senate by Thinboy00 · · Score: 1

      Exactly. Under US Law, a Treaty has nearly the power of a Constitutional Amendment, but none of the checks and balances

      And none of the publicity, until it's nearly too late (at least in this case anyway).

      --
      $ make available
    29. Re:DOA in the US Senate by Thinboy00 · · Score: 1

      The ISPs have lobbyists too... IIRC ACTA hands responsibility for subscribers' copyright infringements to the ISPs.

      --
      $ make available
    30. Re:DOA in the US Senate by anti-pop-frustration · · Score: 1

      I would forsee the unlikely coalition of far rightists and far leftists

      'Far leftists' in the US Senate? How's the weather in your parallel universe?

      Or are you talking about the few liberals that might be labeled as center in the rest of the world?

  3. Everyone needs one. by Anonymous Coward · · Score: 0

    Good thing we now have hand mounted flamethrowers. Now when they try to take us away for watching a clip with some random song we can burn them to ashes!

  4. Live Free or Die Hard! by ub3r+n3u7r4l1st · · Score: 2, Funny

    Down with the white-man based one world government!

    1. Re:Live Free or Die Hard! by Anonymous Coward · · Score: 0

      Down with the white-man based one world government!

      This is not "informative", this is just racist.

    2. Re:Live Free or Die Hard! by EasyTarget · · Score: 1

      This is not "informative"

      Indeed... it is "Insightful".

      --
      "Oops, I always forget the purpose of competition is to divide people into winners and losers." - Hobbes
    3. Re:Live Free or Die Hard! by Anonymous Coward · · Score: 0

      whoosh.

    4. Re:Live Free or Die Hard! by Anonymous Coward · · Score: 0

      Down with the white-man based one world government!

      Um... he is only half white.

    5. Re:Live Free or Die Hard! by Anonymous Coward · · Score: 0

      I accidentally read that as "Down with the white-man basement one world government!"

  5. Means nothing. by Ralph+Spoilsport · · Score: 0, Troll

    All this will do is encourage LAN parties. That's how I get most of my music anyway. And videos? Rent once > Rip It > Done. Exchange at LAN parties.

    --
    Shoes for Industry. Shoes for the Dead.
    1. Re:Means nothing. by fuzzyfuzzyfungus · · Score: 2, Insightful

      Did you see the bit about legal enforcement of DRM provisions. LAN parties might get you out of having your ISP 3 strikes you; but they won't do you much good if possessing gear that can actually rip and copy stuff is about as safe as possessing Schedule 1 substances...

    2. Re:Means nothing. by WinPimp2K · · Score: 1

      Silly fool:

      1> once you and all your lan party buddies lose your internet connections how will you co-ordinate a large lan party?

      2> this will be used to quash opposition as folks espousing unpopular opinions will hit their three strikes whenever any bureaucrat takes notice of them.

      3> Going to just sign up with another ISP after you strike out? Think again as it won't take long for a legal blacklist of "repeat offenders" to show up and be maintained in order to assure that the ISPs maintain their "safe harbor" status.

      Now I'd like to think that this will be an unsustainable process in the long run, but it is Monday and the week ain't getting off to a good start.

      --

      You either believe in rational thought or you don't
    3. Re:Means nothing. by Anonymous+Brave+Guy · · Score: 4, Insightful

      People like you are as much a problem as Big Media's absurd power grabs. You are unashamedly breaking the law, which makes you the poster boy for Big Media when they are pushing for ever more extreme laws. And while you will deserve it if you ever get screwed by those laws, lots of people will wind up suffering through no fault of their own if these measures go through.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    4. Re:Means nothing. by TheGratefulNet · · Score: 1, Interesting

      You are unashamedly breaking the law

      yes, he's laughing at a body of BAD, UNJUST LAWS.

      you see a problem with that? I don't. and I'm not exactly a young kid by any stretch..

      if you are not getting justice one way, get it another way. we each have that right and duty to ourselves. justice is not served at only one restaurant, fwiw..

      --

      --
      "It is now safe to switch off your computer."
    5. Re:Means nothing. by TheGratefulNet · · Score: 1

      once you and all your lan party buddies lose your internet connections how will you co-ordinate a large lan party?

      via proxy. either human or other means.

      this is simply an arms race. we know from history that those never 'finish' they just keep on going. this one will, too, if put into place.

      --

      --
      "It is now safe to switch off your computer."
    6. Re:Means nothing. by Anonymous+Brave+Guy · · Score: 1

      this is simply an arms race. we know from history that those never 'finish' they just keep on going. this one will, too, if put into place.

      That is debatable. If they can get things like "3 strikes" passed, then the next step is to push for custodial sentences for repeat infringers who find ways to dodge the third strike, or licensing just for the "privilege" of being able to use an Internet connection. I think once the news starts carrying pictures of students getting locked up for three months or fined enough to bankrupt them because by their own admission they ripped off all their media, a lot of people who casually infringe because of the low perceived risk will reevaluate.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    7. Re:Means nothing. by jedidiah · · Score: 3, Insightful

      Once something is ripped, you don't need any special tools to copy it.

      That is the core of why DRM is so absurd. It only takes one guy with a cracking tool to give access to the other 6 billion of us.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    8. Re:Means nothing. by Anonymous+Brave+Guy · · Score: 1, Interesting

      The thing is, I don't have a problem with the basic principle of copyright, and frankly, I'm not sure most people do.

      Sure, it sucks if you want the latest and greatest works but you can't afford the asking price. Life is tough. But whenever we have these discussions, no-one in the "everything should be free" camp seems to have a credible alternative system that still produces plenty of high quality works.

      So, why don't you see if you can do better? Describe a credible system in which anyone can copy anything without restriction but there is still sufficient incentive for people to produce and share high quality work in the first place, and I'm sure the sceptics like me will be interested in what you have to say.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    9. Re:Means nothing. by locallyunscene · · Score: 3, Informative

      You mean like artists and entertainers before copyright came along and current artists and entertainers whose works are not covered by copyright?

    10. Re:Means nothing. by Anonymous Coward · · Score: 2, Insightful

      Not really. I'm not in the share-everything-cause-you-can boat but this has become something like destroying a persons life for jay-walking.

      We rally against such laws because they become increasingly divorced from the reality of modern human existance.

      When the media distribution companies decide to join us and work with the rest of the modern population maybe something less rediculous or radical will result.

    11. Re:Means nothing. by fuzzyfuzzyfungus · · Score: 3, Interesting

      If, and only if, devices continue to be built in the "default allow" mode.

      Consider the xbox360 or the PS3: Unless the hardware is subverted, one unit at a time, they will refuse to execute code that hasn't been cryptographically blessed by their respective overlords. Now, because the games are pressed onto disks for retail sale, this system would still be vulnerable to bit-for-bit disk clones; but in the (very likely) future download-heavy environment, this will likely be replaced by signed unique-per-device binaries, and devices that will execute only binaries that are designated for them, and signed.

      Audio and video would be harder; because of the market pressure created by the large amounts of legacy material; but that is nothing that buying the right law couldn't fix.

      As long as DRM is based on trying to build uncrackable systems, it is(as you say) absurdly impossible. Any one crack means a plaintext copy circulating freely. If, however, you create a DRM scheme that is "default deny" instead of "default allow", it suddenly becomes a great deal more plausible. If a device will only interact with material signed by a trusted party, a plaintext copy is useless. If some trusted party does sign a pirated copy of something, they can simply be revoked.

      Sure, there'll still be hacked devices(or built from scratch devices) floating around that can read plaintext copies of things) and people who play cat-and-mouse by stealing signing keys and signing pirated material and circulating it until those keys get burned; but it will be radically harder than it is now. Even worse, depending on how exactly you design the crypto key hierarchy, you could even use it as a means of punishment. Say, for instance, that (because of strong pressure from holders of legacy non-DRMed material) our hypothetical DRM system allows users to sign previously plaintext material themselves, in addition to automatically signing future documents they create. If material you have signed ends up circulating P2P and your key is revoked, all your documents become unreadable. Any number of unpleasant elaborations are possible.

    12. Re:Means nothing. by dwandy · · Score: 4, Insightful

      Describe a credible system in which anyone can copy anything without restriction but there is still sufficient incentive for people to produce and share high quality work in the first place, and I'm sure the sceptics like me will be interested in what you have to say.

      The Fashion Industry.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    13. Re:Means nothing. by amplt1337 · · Score: 4, Insightful

      So, why don't you see if you can do better? Describe a credible system in which anyone can copy anything without restriction but there is still sufficient incentive for people to produce and share high quality work in the first place, and I'm sure the sceptics like me will be interested in what you have to say.

      It's called "not having copyright," and it was good enough to give us Shakespeare and Milton.
      Really, what's the problem here? Are we worried about musicians? The vast majority of popular musicians would make more money working at a 7-11 than they do during their time on the market under the major labels.
      Are we worried about books? People have been writing books without copyright for as long as there's been books. The publishing industry is collapsing under its own weight, because of the abundance of free content out there (since the Internet appears to prove that people prefer "free" to "good").
      Are we worried about movies? ...why? Hollywood comes up with maybe two worthwhile ideas a year. Before I fight you on that one, I'd like to hear your explanation of any system that will actually cause people to produce and share high-quality movies, since it sure isn't happening now.

      Really, for someone with a sig protesting the power of the state, you seem awfully chipper about "property" that's been wholly invented by the government.

      --
      Freedom isn't free; its price is the well-being of others.
    14. Re:Means nothing. by troll+-1 · · Score: 2, Insightful

      Nah, these laws are a very recent phenomena. I think if you put copyright in the context of entire world history you'll see that great works of art were also produced in times when there was no copyright. A lot of our intellectual property laws, especially those concerning patents, are descended only recently from Elizabethan English law where the monarch granted trading monopolies and guilds were formed to eliminate competition.

      You think Homer wouldn't have written The Odyssey if they'd been no copyright? Oh wait ......

      If it's human nature to produce great works of art (including music) people are gonna do it regardless.

    15. Re:Means nothing. by Anonymous Coward · · Score: 1, Insightful

      high quality work *is* created that is shared freely. file sharing has only increased hollywood's revenue. show me a system where anyone can copy anything without restriction *doesn't* work.

    16. Re:Means nothing. by Znork · · Score: 1

      problem with the basic principle of copyright

      As it is an infringement of ones right to do what one wishes with ones own property, I certainly have a problem with it. Further, the economic damage caused by copyright is significant, which means that anyone objecting to what is fundamentally an extremely inefficient tax scheme would have a problem with it if it were honestly described and accounted for.

      So, why don't you see if you can do better?

      Considering the atrocious efficiency it's not exactly hard. In many cases creators get jack or even end up paying for the right to perform their own works, so for some, even completely abolishing copyright would be 'better'.

      the sceptics like me will be interested

      The simplest one I've seen suggested would basically build upon something similar to radio; mandatory licensing regardless of what medium is involved. Simply have a levy on any end-user sales revenue derived from copying works, handled by the appropriate tax agency and paid to the appropriate creators (modulo socioeconomic goals such as maximizing production, etc). That way it simply becomes a simple political issue of tweaking measurable numbers back and forth.

      Of course, a non-adversarial system like that would be very bad for IP lawyers. And a general mandatory licensing scheme would undermine the value of marketing, as if something is excessively marketed anyone can cut the sales price. Which may not make marketing corps happy. In fact, as pretty much any other system would put more of the money spent in the hands of the creators, most of the current IP industry would object.

    17. Re:Means nothing. by nstlgc · · Score: 1

      Thank you. You saved me the time it would have taken me to type all that myself.

      --
      I'm Rocco. I'm the +5 Funny man.
    18. Re:Means nothing. by jpmorgan · · Score: 2, Insightful

      1. Perhaps it's true that most popular musicians would be better off working at 7-11... but if that were true they'd be spending their time working at 7-11, not making music. So that doesn't actually address the point.

      2. Gutenberg invented his press in 1436. Copyright was invented in Venice in 1486, a mere 50 years later. So no, people have not been writing books without copyright for as long as there's been books. Again, that doesn't address the point.

      3. With movies your argument basically boils down to 'movies suck anyway,' which is a pretty subjective statement. The 'poor quality' in your view certainly hasn't prevented Hollywood from being popular. Certainly, it produces works good enough to encourage people to break the law to view them. So again, this doesn't address the point.

    19. Re:Means nothing. by Anonymous Coward · · Score: 0

      I take it you believe culture was born in the second half of the 20th century, but high quality works were created before the corporate media and current distribution models were born. If anything, the mass production and global availability killed a significant portion of the creative culture instead of nurturing it's development by introducing new elements and sparking innovation.

      The copyright in the form that is being introduced right now is not even performing it's intended function. Not only it does not protects the rights of end-user but also the privileges of the artist/creator get diminished in favour of the "owner".

      The model I would propose would be based on simple principles. The creation always belongs to the creator or to the public domain, any creative use is allowed and encouraged, the only prerequisite being naming the original author. Any viewing, listening is allowed and encouraged, if it produces income (public presentation), the income has to be shared with the artist/creator. Distribution rights belong to the artist until his death and can not be sold, only leased. Group works belong to the group on the terms decided on by the mentioned group, provided the terms do not infringe on the individual rights of any of the artists/creators.

    20. Re:Means nothing. by amplt1337 · · Score: 2, Insightful

      1. The point being, strong monetary incentives are not necessary for people to produce quality works (or whatever passes for it) in the music business.

      2. So now no books were written prior to 1486? Pfft. Besides, early copyright was (1) laughably poorly enforced, and (2) primarily intended to ensure the accuracy of the text, rather than the profitability of the print shop.

      3. It produces works terrible enough that people won't watch them on the terms offered by the market. "People won't pay to see your movie" is not a strong argument of the movie's quality. In any event, my point here was just that I don't care if Hollywood rots. If there's that much demand for its content, someone will fund it somewhere.

      --
      Freedom isn't free; its price is the well-being of others.
    21. Re:Means nothing. by melikamp · · Score: 2, Insightful

      So, why don't you see if you can do better? Describe a credible system in which anyone can copy anything without restriction but there is still sufficient incentive for people to produce and share high quality work in the first place, and I'm sure the sceptics like me will be interested in what you have to say.

      It is a system just like ours, but without copyright. It's a very credible system, as it worked very well for some 10000+ years and gave us epic works of art of every form imaginable: literature (fiction and non-fiction), music, architecture, painting & drawing, live acting, to name just a few. There is not a shred of evidence that copyright provides an actual incentive to create artistic works, i.e. that fewer works would be created without copyright, or that the overall quality would suffer. Not a shred. Indeed, recent studies concerned with measuring the dependence of artistic output on copyright term length failed to find anything statistically meaningful (citation on request). If you are concerned with credibility, you should stop saying that copyright helps to increase artistic output, because, as a matter of fact, it does not.

      There were plenty of works created before the copyright was invented, and today we still have high quality works, artistic and otherwise (e.g. FOSS) that are being created every day. At the same time, there is a bounty of evidence for the systemic abuse of the copyright by the content owners, who find the law helpful for cementing their content distribution monopolies. They do so mainly by hiding in their vaults a good century worth of artistic works, thereby robbing us of the PD and creating an artificial scarcity.

      Additionally, you have to explain why a monopoly is good when it comes to producing copies of artistic works. If you agree that markets operate well (from the consumer's point of view) in presence of competition, you have to point out the fundamental difference between pizza and painting. Apparently, there is something about distributing copies of a painting that makes a monopoly good, so please tell us what it is. Explain why an artist should have a right to restrict the sale of anything but the first copy. Why does a pizza parlor owner have to bake pizzas to make a living and an artist can sit on his hands after drawing just one painting? If you try to address this issue, you will probably say something about inability to recoup costs in case of big-budget projects like movies, but this is bullshit. You will still have to explain why a monopoly is the best way (for a consumer!) to pay for these projects, while other perfectly sound ways of raising funds are known and used today (citation on request).

    22. Re:Means nothing. by Anonymous Coward · · Score: 0

      It's already been done:
      http://www.schneier.com/paper-street-performer.html
      http://en.wikipedia.org/wiki/Threshold_pledge_system

    23. Re:Means nothing. by Late+Adopter · · Score: 1

      Which is in fact a large segment that this treaty is targeting. Hence the title "Anti-counterfeiting Trade Agreement." You may recall the hubbub earlier when Louis-Vuitton, et al, sued Ebay for hosting listings of knock-off goods.

      http://www.abc.net.au/worldtoday/content/2008/s2290973.htm

    24. Re:Means nothing. by Rycross · · Score: 1

      I'd disagree with your point about movies. Yes, Hollywood does put out a lot of crap, but they also put out a decent number of good moves. Of those good movies, they are usually higher-quality than indie movies. And speaking of indie movies, how many of those were released under a permissive license (without copyright)?

      And video games? That's a huge gaping hole that people tend to forget (or outright ignore). After all, the quality of FOSS/non-copyrighted video games is laughable when compared to games developed under copyright. I certainly haven't seen a single free game that has managed to convince me that non-copyrighted games will be able to fill the shoes of the current industry.

      And of course, we haven't even touched the real problem with your argument: that you're equating copying today with copying hundreds of years ago. The ability to easily copy books and other materials wasn't even around until the printing press, and today's computers and digital media far exceed previous copying methods in terms of cost-savings and quality. As another poster pointed out, the invention of the printing press was followed shortly by the invention of copyright. Maybe the issue isn't as simple as you'd like to make it out?

      That you'd trot out the tired, "Well, people were making stuff before copyright," argument without any sort of critical thinking, gloss over the works that current industries produce, and then even leave out an entire industry worth billions of dollars... well it doesn't say much for your argument.

    25. Re:Means nothing. by Anonymous Coward · · Score: 0

      I think once the news starts carrying pictures of students getting locked up for three months or fined enough to bankrupt them because by their own admission they ripped off all their media, a lot of people who casually infringe because of the low perceived risk will reevaluate.

      Maybe so, but so much depends on the motive for casual infringers. The hard-core copyright infringers seem to fall into two categories (not mutually exclusive): those who are on a moral crusade against unfair business practices and maintain that they are rebelling against unjust laws/contracts, and those who just want free stuff as is human nature. These people will keep doing it in the face of punishment, or they'll just do without. It's pretty predictable based on one's attitude and motive for the act what they would do if consequences escalated. The casual infringers are a different breed entirely, and a wildcard in this situation.

      The motives for casual infringement of copyright are legion. Some just want to try before they buy (with varying definitions of "try" and the amount of time "before you buy"). Keep in mind that concern over copyright infringement has allowed most stores to treat media differently regarding return policies. Add to that some of the more ambitious DRM schemes and you get the flip-side of "try before you buy": people who got screwed by the DRM roulette and simply want to get what they paid for. These people will be less likely to buy media in the future, and I'll get back to them later.

      Now, if the content providers are lucky, they'll come across casual infringers who are simply opportunists. Maybe a friend gives them an advance copy of a movie, or they happen to stumble upon a link to download something. These are the people who would likely buy the movie if they didn't get it for free. Some of them buy it anyway if they have a strong sense of respect for the artist. However, since they possess some illegitimate copies of media, it is likely that they know someone who can get more of it for them. If these are the type of people on a crusade against Big Content, either because they perceive the system as unfair or because they've been burned by DRM before, then they will likely try to convince their friends not to go legit. In the face of escalating consequences for copying/downloading different media, they might even make martyrs of the people who got caught. The media would do well to tread lightly and not to waste any good will with their customers. All it takes is a couple of well-timed PR disasters to turn an entire consumer-base away forever.

    26. Re:Means nothing. by TubeSteak · · Score: 1

      The Fashion Industry.

      The fashion industry does not sell designs or fashion.
      They sell brand names and lifestyle images.

      The computer industry is much the same thing.
      They no longer sell motherboards, GPUs or CPUs;
      it's all "i'm a mac, i'm a pc, i have sonystyle" etc

      --
      [Fuck Beta]
      o0t!
    27. Re:Means nothing. by Gorath99 · · Score: 3, Insightful

      It's called "not having copyright," and it was good enough to give us Shakespeare and Milton.

      I'm not sure we'd have had a Shakespeare if he had lived in an age in which anyone could record and distribute plays at near-zero cost. You don't need so much copy protection if it's already hard to copy your work.

    28. Re:Means nothing. by kevinNCSU · · Score: 1

      Homer didn't have to invest thousands or even millions of dollars in special effects or recording studios in order to "write" the Odyssey and Shakespeare wasn't worried about people showing up to his plays with video cameras. Honestly, I don't understand how pirates say artists and the entertainment industry just "doesn't get" how technology has changed the world and then use defenses like that.

      It's simple, there's stealing a good or service, and there's paying for it. Pirating is stealing. People need to just be honest: They're stealing because technology makes it easy and safe.

    29. Re:Means nothing. by amplt1337 · · Score: 1

      The sole argument in favor of copyright is this:
      strong monetary compensation to the artist is necessary for artistic works to be produced.

      My point is not merely that people were making stuff before copyright (although they certainly were); it's that people have always been and continue in the present to produce work without expectation of considerable financial reward. You want to read books? People put plenty of them out on the Internet, and more to the point, the vast majority of published authors can count on their books to give them at best a modest additional income. Ditto for musicians. The printing press is irrelevant, because people who wrote books before it weren't expecting them to be widely read or to make a ton of money from them. They were hoping primarily for fame (and, it must be said, were typically of a class that meant they didn't need to earn a living anyway.)

      Video games and movies do not fall effectively into this argument precisely because they aren't produced by individual artists. These are corporate products. Oh, sure, we talk about a film as being the work of the director, or the video game as the work of the designer, but there are literally hundreds of other people involved in the creation of these art forms, and it is not possible for a single person to coordinate all of that effort.
      Thus, the real irony here is that the only situation in which the argument for copyright actually works, is the one in which no artist is involved. The real argument for copyright is not "artists must be compensated" (since that's obviously irrelevant, as they almost always *aren't*) but "corporations must be profitable." Very well; but if that's what we're talking about here, then let's be clear in our terms.

      The question then becomes, "are additional measures necessary to protect the profitability of corporations in the entertainment industry"? Well, video game publishers are doing just fine, so in that case it seems the current regime is functioning. Ultimately it's the movies that are really driving this. Movie companies are profitable, but not from box office (source). Release of movies to theatres is better conceived of as "R&D" for the industry's main businesses, the secondary video market and licensing to television. In any event, the best way for the movie industry to become more profitable would be to reduce inefficiencies in movie production, cutting the costs of making those high-budget box-office bombs. But the industry would rather legislate than reduce internal waste. Very well, but you can't expect the public to be sanguine about it. And, I'd add, the effectiveness of first-run movies in providing their primary function -- R&D for current cultural tastes -- is not really affected by piracy; it's just somewhat more lossy as a result.

      Television revenue is affected by the impact of new distribution channels on television, but that's separate from a piracy issue. Movie companies have much more cause to worry about Netflix streaming than they do piracy in that segment.

      That brings us to direct-to-consumer video sales. A valid perspective on this market is to consider piracy as an alternate channel for goods distribution with lower (but non-zero) costs to the consumer. In other words, people pirate because the offerings from the studios are overpriced in the market. But instead of improving their offerings and finding the price point which will actually maximize sales, the industry tries to legislate. (Not a sound move from an economic perspective, but what can you expect when you're big enough to own a government.) Another important point here is that the industry would like the decision makers to conceive of pirated movies as lost sales, but this is not so; typically a movie gets pirated as a faster alternative to the rental market. Pirated movies are crowd

      --
      Freedom isn't free; its price is the well-being of others.
    30. Re:Means nothing. by Anonymous+Brave+Guy · · Score: 2, Insightful

      It is a system just like ours, but without copyright. It's a very credible system, as it worked very well for some 10000+ years and gave us epic works of art of every form imaginable: literature (fiction and non-fiction), music, architecture, painting & drawing, live acting, to name just a few.

      And how many Hollywood blockbusters with $100 million budgets did that produce?

      How many million-lines-of-code software products?

      How many detailed, fact-checked, well-edited 1,000 page textbooks?

      For that matter, how many good books did it produce per year, and how many people got to read them?

      I've never disputed that valuable works have been or would be created without the benefit of copyright protection, but the scale matters. You can't just extrapolate from the fact that some good works were produced and some people benefited from them before copyright to the conclusion that copyright has not encouraged the creation of more or better works.

      There is not a shred of evidence that copyright provides an actual incentive to create artistic works, i.e. that fewer works would be created without copyright, or that the overall quality would suffer.

      Except for the millions of people employed around the world in creative industries whose rent is paid by income protected by copyright, you mean?

      If you are concerned with credibility, you should stop saying that copyright helps to increase artistic output, because, as a matter of fact, it does not.

      If it's a matter of fact, then I assume you can cite actual evidence of an alternative situation where artistic output was maintained at the same or higher levels of quality and quantity without copyright?

      There were plenty of works created before the copyright was invented, and today we still have high quality works, artistic and otherwise (e.g. FOSS) that are being created every day.

      Ah, the FOSS argument. How wonderfully Slashdot.

      You've noticed that very few FOSS projects are even in the same league as their commercial, copyright-supported competitors, right? And that even the big name FOSS projects are not exempt from this? So much so, in fact, that even though the FOSS projects are free, most people still prefer to use commercial offerings.

      At the same time, there is a bounty of evidence for the systemic abuse of the copyright by the content owners, who find the law helpful for cementing their content distribution monopolies. They do so mainly by hiding in their vaults a good century worth of artistic works, thereby robbing us of the PD and creating an artificial scarcity.

      I've never disputed that there are serious flaws with the current implementation of copyright. Arguments about not extending terms to crazy 50+ year durations are all very reasonable. But if you look at what's being swapped on filesharing systems, is it very early Disney cartoons and back-catalogues for old bands, or is it the latest pop tracks and Hollywood blockbusters?

      Additionally, you have to explain why a monopoly is good when it comes to producing copies of artistic works. If you agree that markets operate well (from the consumer's point of view) in presence of competition, you have to point out the fundamental difference between pizza and painting.

      Well, among the fundamental differences are that pizzas are commodities and paintings are not, that producing a pizza takes seconds while producing a good painting takes days, and that producing a pizza requires throwing some ingredients on a base while producing a good painting requires skill and talent.

      Apparently, there is something about distributing copies of a painting that makes a monopoly good, so please tell us what it is. Explain why an artist should have a right to restrict the sale of anything but the first copy.

      Because through copyright, many people

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    31. Re:Means nothing. by Anonymous Coward · · Score: 0

      Piracy is not stealing, stealing is taking without paying, piracy is copying without paying.

    32. Re:Means nothing. by Anonymous+Brave+Guy · · Score: 3, Insightful

      You mean like artists and entertainers before copyright came along

      Before copyright came along, it was very expensive to make copies of works anyway. As someone else already pointed out, copyright followed only a few years after the invention of the printing press.

      It's odd that people are so quick to point out the changing world when saying copyright should be abandoned, yet so slow to notice that the evidence they give for the viability of alternatives predates those same changes.

      current artists and entertainers whose works are not covered by copyright?

      And who are they, and how much material do they produce and of what quality, relative to artists whose works are covered by copyright?

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    33. Re:Means nothing. by mpe · · Score: 1

      1. Perhaps it's true that most popular musicians would be better off working at 7-11... but if that were true they'd be spending their time working at 7-11, not making music. So that doesn't actually address the point.

      Nothing stops them making music outside the time they are working their "day job". Not having to rely on their music as a sole income may result in their being more creative.

      2. Gutenberg invented his press in 1436. Copyright was invented in Venice in 1486, a mere 50 years later. So no, people have not been writing books without copyright for as long as there's been books. Again, that doesn't address the point.

      What was kept in the Library of Alexandria? How about about all the things which went on in Al-Andalus?

    34. Re:Means nothing. by mpe · · Score: 1

      I'm not sure we'd have had a Shakespeare if he had lived in an age in which anyone could record and distribute plays at near-zero cost. You don't need so much copy protection if it's already hard to copy your work.

      Or maybe the whole world would have known about him in his lifetime. Thing is that putting on any sort of play is certainly not "near-zero cost".

    35. Re:Means nothing. by Anonymous Coward · · Score: 1, Informative

      I'm not sure we'd have had a Shakespeare if ihe lived in a age in which something like modern copyright had been enforced considering most of his works are based on the works of others.

      King Lear
      http://www.groklaw.net/article.php?story=20090621124054133

      There are others but I have to get back to work instead of googleing them for you.

    36. Re:Means nothing. by mpe · · Score: 1

      It is a system just like ours, but without copyright. It's a very credible system, as it worked very well for some 10000+ years and gave us epic works of art of every form imaginable: literature (fiction and non-fiction), music, architecture, painting & drawing, live acting, to name just a few. There is not a shred of evidence that copyright provides an actual incentive to create artistic works,

      This kind of creativity is something intrinsic to humans.

      i.e. that fewer works would be created without copyright, or that the overall quality would suffer. Not a shred. Indeed, recent studies concerned with measuring the dependence of artistic output on copyright term length failed to find anything statistically meaningful (citation on request).

      X years after the artist dies is unlikely to be meaningful to the artist for any value of X :). Also I can't see how any modern study could possibly consider terms of 5-20 years, which are more likely to be meaningful to people...

    37. Re:Means nothing. by agnosticnixie · · Score: 1

      Before copyright came along, most composers had at least one piece that was blatant plagiarism, people reused each other's literary ideas all the fucking time.

    38. Re:Means nothing. by agnosticnixie · · Score: 1

      Not-books apparently.

    39. Re:Means nothing. by FatSean · · Score: 1

      Guess I'll have to find something to do with my time other than playing games, listening to music or watching video.

      --
      Blar.
    40. Re:Means nothing. by agnosticnixie · · Score: 1

      Most of these artists would have been killed off by copyright laws.

    41. Re:Means nothing. by agnosticnixie · · Score: 1

      Most commercial software products don't reach the little toe of the big foss products, so the point it rather moot. It's amusing though to see someone lionising corporatism and complaining about the power of the state. I needed the laugh.

    42. Re:Means nothing. by Anonymous+Brave+Guy · · Score: 1

      It's amusing though to see someone lionising corporatism and complaining about the power of the state.

      It's amusing to see someone mention FOSS in one sentence and then equate copyright protection with corporatism in the next.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    43. Re:Means nothing. by agnosticnixie · · Score: 1

      Wait, what? You're either misreading or being intentionally obtuse, you, on the other hand, did with your comments on movies.

    44. Re:Means nothing. by locallyunscene · · Score: 1

      You mean like artists and entertainers before copyright came along

      Before copyright came along, it was very expensive to make copies of works anyway. As someone else already pointed out, copyright followed only a few years after the invention of the printing press.

      From wikipedia: "[The] concept of copyright originates with the Statute of Anne (short title Copyright Act 1709...)
      "A printing press is a mechanical device for applying pressure to an inked surface resting upon a medium (such as paper or cloth), thereby transferring an image. The mechanical systems involved were first assembled in Germany by the goldsmith Johannes Gutenberg around 1440..."

      It's odd that people are so quick to point out the changing world when saying copyright should be abandoned, yet so slow to notice that the evidence they give for the viability of alternatives predates those same changes.

      It's odd that people are quick to point out that artists would stop writing/performing/drawing if copyright were abolished, yet so slow to look at similar industries that thrive despite it: dance, cooking, fashion, sculpture...

      current artists and entertainers whose works are not covered by copyright?

      And who are they, and how much material do they produce and of what quality, relative to artists whose works are covered by copyright?

      Quality is one debatable question. However the rights lost in the enforcement of that "quality" is the more important issue in my mind. As much as I love to see the great man-made monuments of the world, I don't declare that because we don't have the slave labor to build a great pyramid today that our current system is inferior and unworkable.

      Personally, and this is speculative, I don't think abolishing copyright would change consumption and spending on entertainment that much. If people are willing to spend X dollars on entertainment a month they're going to spend it as long as you give them a good reason to.

    45. Re:Means nothing. by FrankieBaby1986 · · Score: 1

      Gutenberg invented his press in 1436. Copyright was invented in Venice in 1486, a mere 50 years later. So no, people have not been writing books without copyright for as long as there's been books. Again, that doesn't address the point.

      WTF? There are books dating back to 2400 B.C. and probably before that. Just because they were hand-written doesn't mean they're not books.

      --
      ERROR: SIG NOT FOUND (A)bort, (R)etry, (F)ail?:
    46. Re:Means nothing. by jpmorgan · · Score: 1

      Copyright is pretty irrelevant when the act of copying takes months.

    47. Re:Means nothing. by jpmorgan · · Score: 1

      Don't be obtuse, it's not becoming. Copyright isn't relevant when the production of a single copy can take years.

    48. Re:Means nothing. by Anonymous Coward · · Score: 0

      Fashion industry: you copy my style, ok, that's fine. you copy my product, I'll sue your arse off and get the government to shut down your operations.

      Same as what we've got now with the music industry, pretty much.

    49. Re:Means nothing. by snadrus · · Score: 1

      ...assuming you (or your company) is foolish enough to buy into a system of remote attestation for personally-created documents.

      There will likely always be devices able to run "untrusted" code b/c PC manufacturers don't want to foot the bill in this (losing) fight and the support calls it entails.

      --
      Science & open-source build trust from peer review. Learn systems you can trust.
    50. Re:Means nothing. by snadrus · · Score: 1

      And good enough for Bach, Tchaikovsky, Homer, Chaucer, every folk take Disney copied, the Magna Carta, vast amounts of recorded History, Science, and Math, and enough more to make the libraries the city centers and their health the measure of stability of most nations.

      Reflecting on that, what's the health of our nation when it's accessible information (library) goes to zero by DRM? Requiring great work or criminal effort to access shared culture or functional knowledge will make for a below-third-world nation more closely resembling slavery.

      --
      Science & open-source build trust from peer review. Learn systems you can trust.
    51. Re:Means nothing. by mdwh2 · · Score: 1

      The thing is, I don't have a problem with the basic principle of copyright

      Nor do I, but just because the OP (and I) consider the current laws to be unjust, doesn't mean we are arguing that no copyright laws should exist. Note that not even the Pirate Party supports abolition of copyright, so I fear you're barking up a straw man.

      The debate shouldn't be polarised between "everything should be free, no copyright laws should exist" and "everything is just fine as it is".

    52. Re:Means nothing. by Thinboy00 · · Score: 1

      So in other words you're saying that "Trusted Computing" is (potentially) evil?

      --
      $ make available
    53. Re:Means nothing. by Ozlanthos · · Score: 1
      It just goes to show that more laws=more criminals. I think theft is a crime, but, some guy allowing everyone to download a film before it gets to the theatres does not constitute theft. If there were a theft to be prosecuted, it would have been with the original leaker of the film. As some film-maker's intentionally allow such security-breaches to occur, prosecuting the thief would require a mirror. In cases where a film maker's computers are hacked into, and files are "stolen" a charge of theft can be leveled without controversy, or fear of repercussion for downloaders.

      -Oz

    54. Re:Means nothing. by Thinboy00 · · Score: 1

      IIRC the treaty has little/nothing to do with counterfeiting; the name is a coverup for what it's really about: a global DMCA.

      --
      $ make available
    55. Re:Means nothing. by WNight · · Score: 1

      You only think copyright is required. Sure, the world would look different without the culture of monopoly-grants we give out, but do you really think nobody would make anything?

      The problem in discussions like this is someone, like yourself, who can't imagine a different world. You don't fully understand the rules or implications but you're sure there's no other way things could work.

      Things change every day, putting some people out of business and helping others. We could pass a law requiring everyone buy unwanted property to help starving real-estate agents. Or better, grant them on-going royalties. How dare you keep living in that building without continuing to pay the person who found it? But then we'll need to cut the builder and lumberjack in...

      Eventually we'll all just pay each other and we'll all be rich!

    56. Re:Means nothing. by iris-n · · Score: 1

      Notice that this applies on many scales, whether we're talking about excellent textbooks with limited markets and relatively high prices...

      Sorry to interrupt, but I have to bite on this one.

      I'll give you an example, of one of the best textbooks on basic quantum mechanics ever written:
      Cohen-Tannoudji's Quantum Mechanics. It was written in 1973, and was sold by relatively high prices. But that was ok, the book was new, and it was surely very hard to write.

      Now we are in 1997. Even though the costs are already recouped, the book is still expensive. Then lo and behold, Cohen-Tannoudji wins the Nobel. What happens? The book's price doubles overnight.

      Now you see the problem with the monopoly?

      The author himself was embarrassed by this. When he visited my university, a few years ago, he autographed some copies that were photocopied.

      --
      entropy happens
    57. Re:Means nothing. by Thinboy00 · · Score: 1

      2. Gutenberg invented his press in 1436. Copyright was invented in Venice in 1486, a mere 50 years later. So no, people have not been writing books without copyright for as long as there's been books. Again, that doesn't address the point.

      It appears that that was copyright not-as-we-know-it. The Statute of Anne in 1710 (or 1709, depending on your interpretation) gave rights to the authors and is much closer to modern copyright (the Venice thing was specific to one work anyway). The system in place (in England) before that had given a lot of power to the publishers; the Statute of Anne is seen as the first modern copyright act.

      Also, copyright was not life of the author + 70 years for the longest time and it seems we did just fine without such long-lived copyrights for ages.

      --
      $ make available
    58. Re:Means nothing. by WNight · · Score: 1

      Fanfic is one example of unprotected creation. Disney stole their characters from someone, but you'd better be 100% original.

      Often, as in the recent Games Workshop thread, you see examples of the unprotected work being more prolific and of higher quality.

      You'd see much higher quality if not for the copyright holders trying to destroy the works and prohibit the practice.

    59. Re:Means nothing. by cdrguru · · Score: 1

      Free is always going to trump paying. The Internet today is the best example of that - there are services to help you find the lowest price without regard for product quality, customer service, shipment policy or return policy. So you get the lowest price and find out later that it is a scam and end up paying more. But that's the Internet.

      Free is going to win in the end whether or not it is "stealing". The moral outrage the creators are going to feel will quickly be swept away when they realize that if their works weren't available for free they wouldn't sell anyway. The end result will be the extreme ego-driven folks will finally have a platform that they cannot be disloged from and the rest of the creative people will be forced to find something to pay the rent with.

      What this means is anyone that is addicted to their own words, their own image, their own sound is going to have an unshakable platform from which to spew their garbage. And garbage is it, as can easily be seen on the tryout shows for American Idol. Look up Darwin Reedy to remind yourself how bad these people generally are. One in a thousand is OK. We are going to see millions of them.

    60. Re:Means nothing. by WNight · · Score: 1

      That's a trademark/truth-in-advertising issue. There's a difference between asking for Coke and getting Pepsi, and Pepsi simply trying to taste more like Coke.

    61. Re:Means nothing. by cdrguru · · Score: 1

      Nearly all of the art that you are referring to having been produced without copyright was bought and paid for by the wealthy and powerful. An artist would get a commission from the king or the pope and produce something wonderful. And because they were paid for this, they could continue eating.

      You don't think they had any choice in the artwork do you? It was strictly pay-for-play and the king got to decide what they liked. If your work wasn't up to the king's standards, you got fired or worse. If your work showed too much creativity - i.e., not following instructions - you got fired. Read up on Michangelo and his battles with the church sometime. He showed way, way too much creativity sometimes.

      So, would you like it if the radio played nothing but music that old, rich white people paid to hear?

    62. Re:Means nothing. by AmonTheMetalhead · · Score: 1

      Here in Belgium at least, there have been several raids on lan-parties

    63. Re:Means nothing. by WNight · · Score: 1

      The ability to easily copy books and other materials wasn't even around until the printing press

      Exactly, and yet books were written, even without a mass market audience.

      As another poster pointed out, the invention of the printing press was followed shortly by the invention of copyright.

      Which was mainly about governmental control at first.

      gloss over the works that current industries produce, and then even leave out an entire industry worth billions of dollars... well it doesn't say much for your argument.

      The same way you ignore the fashion industry, etc.

      Yes, some things would change, others would not. Already, because of copying and increased user control many top-end games require you to play on authorized servers. They give away WoW and still get people to pay to use it.

      That's essentially how it'd work without copyright.

      And frankly, I just don't care to support this anymore. Taxes fund copyrights, and I'm not getting good value.

    64. Re:Means nothing. by Anonymous Coward · · Score: 0

      People like you are as much a problem as Big Media's absurd power grabs.

      It is called civil disobedience. We are required to unashamedly break laws that we consider unjust. Mohandas K. Ghandi did it, Dr. Martin Luther King, Jr, Rosa Parks, James Bevel...

      These people are nowhere near as big a problem as Big Media's absurd power grabs. Don't criticise people for bravely standing up for what they believe in in a corrupt world.

      Don't pretend or assume that laws need to be obeyed simply because of the divine right of lawmakers.

      I unashamedly break copyright laws and drug laws, apart from that I mostly obey the law, because it is in agreement with my own code of conduct for myself which is much stricter than any laws.

    65. Re:Means nothing. by melikamp · · Score: 1

      There is not a shred of evidence that copyright provides an actual incentive to create artistic works, i.e. that fewer works would be created without copyright, or that the overall quality would suffer.

      Except for the millions of people employed around the world in creative industries whose rent is paid by income protected by copyright, you mean?

      This does not prove that fewer people would be employed sans copyright. This is the single greatest flaw in your argument, and the one you are great at ignoring. In order to justify a monopoly on production of copies, you have to show us that the market with the monopoly actually works better than the market sans the monopoly. You cannot get away by saying that the market is big. You have to show that it is bigger.

      If it's a matter of fact, then I assume you can cite actual evidence of an alternative situation where artistic output was maintained at the same or higher levels of quality and quantity without copyright?

      http://www.dklevine.com/papers/imbookfinal08.pdf

      from

      http://www.dklevine.com/general/intellectual/againstfinal.htm

      But I don't think I need to cite anything here. The proponent of copyright is the one who needs to prove, using sound statistics, that artistic output is spurred by longer or non-zero copyright terms. After all, economists agree that monopolies are bad in all other industries, including those where initial investment has to be recouped over many years, so why the same should be false for monopoly on ideas?

      [snip]

      If you think that producing a good pizza requires a few minutes and no special skill or talent, I am deeply sorry for your taste buds and your stomach.

      [snip]

      Your stabs at FOSS are nothing but pathetic. Anyone with a shred of expertise knows that Ubuntu dwarfs every proprietary commodity OS on technical grounds and costs less or as much to deploy and maintain.

      Because through copyright, many people who benefit from a work can each contribute a small amount of the total cost of producing it, making it a commercially viable project for the creator.

      There are better ways to do that (see below). They accomplish the same goal while adding art to the public domain, which is what US copyright is supposed to do, and which it fails to do by design.

      If you can show me evidence of even a single successful Hollywood-blockbuster-scale movie being funded through another mechanism, I will be impressed.

      I can tell you how they can be done. (A more detailed view is presented in the quoted source.) One way is escrow, whereas a bunch of big-name film makers collect cash from "viewers like you" and then release the movie into the public domain. Don't tell me that it's impossible. Obviously, if people are running out to stinky theaters and later to buy an overpriced DVD, while they could about as easily download it from TPB, the demand is there. The same pop-art lovers will sign up for "Spielberg-Lucas-JarJarBinx" escrow and supply them with annual donations. Why wouldn't they? Because "they'll just wait till others pay for it"? Bullshit. If that was the attitude, then they would "just wait" till their friends got a DVD and then borrowed it... Wait a second, they are already doing it today, and the movie industry still reports record profits. Admit it: there are enough people who really love artists and are willing to pay for art, and copyright law does nothing but create artificial scarcity and make art more expensive for everyone.

      If you really think that we need the copyright because it is the only way to produce $300 million movies, then your argument does not hold any water. There is no consensus on what is "good art". Even if you are right (and IMHO, you are not) and $300 movie becomes impossible to produce, this by itself means nothing, as long as there is still market for artists. May be more artists will

    66. Re:Means nothing. by myrdos2 · · Score: 1

      Describe a credible system in which anyone can copy anything without restriction but there is still sufficient incentive for people to produce and share high quality work in the first place, and I'm sure the sceptics like me will be interested in what you have to say.

      Linux.

    67. Re:Means nothing. by Anonymous Coward · · Score: 0

      1. Perhaps it's true that most slashdot posters would make more money working at 7-11 than posting comments... but if that were true they'd be spending their time working at 7-11, not posting here. (some musicians don't do it for the money, eg. the good ones)

      2. So technology enabling cheaper manufacture often leads to people using law to gain a monopoly. But yes, people have been writing books without copyright for as long as there's been books. The fact that copyright law existed doesn't mean all books were under copyright. Also there were books way before Gutenburg.

      3. "The point" has been "addressed" time and time again throughout this forum and many others. If you would specify exactly which point you feel needs addressing further I am sure someone here will be happy to repeat the arguments for you.

    68. Re:Means nothing. by WNight · · Score: 1

      Well, among the fundamental differences are that pizzas are commodities and paintings are not

      Paintings would be if you had to redo them to eat...

      producing a pizza takes seconds while producing a good painting takes days

      Taking a photo takes seconds. In fact, it can often be done multiple times in a second. With less skill. Pressing the shutter blindly can result in a copyrighted inside-of-the-lens-cap image - ala John Cage.

      Bad pizzas are an abomination.

      producing a pizza requires throwing some ingredients on a base while producing a good painting requires skill and talent.

      And yet, even crap is protected...

      The biggest reason is that we had 'pizza' before we had lawyers.

    69. Re:Means nothing. by melikamp · · Score: 1

      You should stick your head out into the so called real world and see if your argument makes any sense at all.

      There are thousands of tracks on Jamendo, all free-as-in-freedom. I listened to them, and some of the electronic music there is quite good (I cannot speak for the rest). Here is music made by people who are hoping to be listened to, liked, and being donated to. I bet that you can get another order of magnitude of tracks out of it if you take interest in Jamendo artists and send them a few Washingtons in the mail.

      And this is just Jamendo! This is only one, and probably not even the most trendy way to market free-as-in-freedom music. I hate to break it to the "back to patronage" crowd, but the Internet offers other ways to market art: ways that even the copyright cannot provide.

      And it's funny that you bring up the radio: these days I turn it on when I want to hear music that maximizes revenues for a few execs in LA, and it does so by training the consumer to recognize a few key brands. Given a choice, I would much rather listen to music commissioned by a few rich white men, since at least a few of them will have good taste.

    70. Re:Means nothing. by WNight · · Score: 1

      Homer didn't have to invest thousands or even millions of dollars in special effects or recording studios in order to "write" the Odyssey

      Nor do most authors.

      Pirating is stealing.

      No, stealing removes something from the original owner's possession. Copying is abuse of government monopoly, that's it.

      They're stealing because technology makes it easy and safe.

      No. Because the nature of the thing makes 'protecting' it the irrational and impossible choice. Copying a book used to be hard, now it's trivial to have happen accidentally. Strange, I don't feel like a hardened criminal when my backup script grabs the ebooks, or even if I read one book on many devices.

      If you saw someone wearing a cool hat/jacket and copied them you'd be doing the equivalent of using a patented technology, or copying a copyrighted look, yet nobody would say you stole (deprived the original dresser of) their clothes...

      Of course, if they were an aspiring fashion designer they'd probably feel as entitled to copyright protection as some yahoo smacking a shutter, or writing a poem. All are moderately creative works.

    71. Re:Means nothing. by kocsonya · · Score: 1

      "And how many Hollywood blockbusters with $100 million budgets did that produce?"

      Um, are you aware that Hollywood is in fact in California because the film industry moved there to avoid paying the license fees for Edison? Those great protectors of "intellectual output" have billions of dollars only because they were bloody leeches, pirates, if you like, and used someone else's "intellecual output" for free? (Not to mention that Edison himself was blatantly stealing other people's "intellectual output" and patenting it under his name...)

      Are you also aware that the copyright in its first incarnation was *not* protecting the artists? It was protecting the printer houses in England and had absolutely nothing to do with the advancements of the arts.

      By the way, I believe the furtherment of the arts would get a significant boost by the sheer elimination of maybe 99% of those $100M+ Hollywood blockbusters.

      "Because through copyright, many people who benefit from a work can each contribute a small amount of the total cost of producing it, making it a commercially viable project for the creator."

      Is that so? Walt Disney created a cartoon mouse. So how does the fact that Disney, Inc. owns the copyright on the Mickey Mouse keyring exactly helps Walther Disney's rotten corpse to contribute and to make it a viable project today?

      "You've noticed that very few FOSS projects are even in the same league as their commercial, copyright-supported competitors, right?"

      Well, I believe that most of the fabric that those evil pirates use to steal the intellectual property of those starving Hollywood studios is FOSS. There are a few very high quality commercial programs and there are a few very high quality FOSS programs. Then there's an enormous amount of crap FOSS and and equal amount of equally crap commercial code. The difference is that crap FOSS remains there and the few bits that are worth using in other projects is available. Crap commercial code just dies and doesn't have a trace.

      Copyright has never been intended to protect the artist or further the art. It was intended to protect the investors' investment in the artist. Most of the time copyright is not owned by the artist, it is owned by a corporate entity that has only one art in mind: the art of making money. The artist is only interesting for the corporate entity as long as they can use his/her output to make more money. If (s)he creates the greatest piece of art ever created but it's not low-brow enough to be appealing to the mass market (see Hollywood blockbusters), the artist can drop dead.

      When a taxpayer funded research group wants to publish, they *pay* (from your tax dollars) the publisher of the journal for the publication of their results (that were, again, paid by your tax dollars) and then they sign the copyright over to the publisher. Thus a private entity, with nothing to do with research, obtained the exclusive right to results of a publicly founded process *and* they were paid from the public purse to do so... Clever scheme. Copyright is the way!

      No wonder corporations are a helluva lot more pro copyright than artists themselves.

      Quick question, though: I have a box full of old VHS tapes. Can I go to a DVD store and exchange them, for the nominal cost of the polycarbonate disc, to DVDs? After all, I have already paid the license fee on them, haven't I. For some strange reason the local DVD store looked at me when I tried it as if I was a mental retard. I don't understand it, really. I have a copy, I just want to exchange it to an other copy of better quality, offering the cost of the material. I would not believe in my wildest dream that the entertainment industry, the greatest protectors of intellectual property would try to make me pay for the same license multiple times? I mean, that would be, like, stealing, right?

    72. Re:Means nothing. by fuzzyfuzzyfungus · · Score: 1

      In pretty much the same way that any movie character with a creepy mustache and a strong german or eastern european accent is "potentially the villain", yes.

      It isn't absolutely, positively, 100% certain evil; but it wouldn't be rocket surgery to use it for evil purposes, and we show every sign of moving in that direction at a fairly decent clip.

    73. Re:Means nothing. by fuzzyfuzzyfungus · · Score: 1

      That depends on exactly what is done to the definition of "contributory infringement".

      Aside from any legal strong-arming, I suspect that most PC manufacturers would love to be able to move the vast majority(i.e. all of them that aren't willing to buy expensive enterprise support contracts, or techy enough to forgo, in writing, any use of manufacturer software support) of their customers exclusively to "trusted" code. Even with ghastly DRM headaches, supporting consoles is almost certainly cheaper than supporting full PCs runing god-knows-what.

    74. Re:Means nothing. by dwandy · · Score: 1

      You're AC, so you probably won't see this, but you're dead wrong. The fashion industry has absolutely no ability to copyright their designs. I can take a pair of Ralph Lauren jeans, take them apart and copy them exactly with other material and sell them without any worry of getting sued.
      What I can't do is put the RL logo on anything, but that's trademark and has nothing to do with the original question or answer.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    75. Re:Means nothing. by Anonymous+Brave+Guy · · Score: 1

      Please don't equate my support for the basic principle of copyright with supporting copyright for excessive durations, supporting wholesale transfer of rights from the authors who deserve them to middleman corporations, or any other screwed up aspect of the current implementation. I am all in favour of copyright reform. I just haven't seen any real evidence that getting rid of copyright entirely would improve anything, other than the feelings of a few people in this discussion.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    76. Re:Means nothing. by Anonymous+Brave+Guy · · Score: 1

      This does not prove that fewer people would be employed sans copyright.

      No it doesn't. But in the system I am advocating, it is clear how those people get paid so they can continue to do their creative work. No-one else has yet explained how the same thing is going to happen in any of the serious alternatives mentioned so far in this discussion. The only other way to sustain output would be for people to produce the same things voluntarily, but this seems a very dubious assumption: in the "fun" creative arts, people could do that anyway today, so I see no reason to assume that more people would do so if they didn't get paid for it than do already; and in the less "fun" but more practical arts, as in much of contemporary software development, I hardly think thousands/millions of people are going to spend basically all of their spare time after finishing other day jobs working on boring but necessary code.

      http://www.dklevine.com/general/intellectual/againstfinal.htm

      That's the best you've got? Most of the arguments in that book seem to be against patents, rather than copyright. In the case of software, the main argument against copyright seems to be that competition leads to thriving innovation as demonstrated by the OSS world, which is just funny. The big name OSS applications are almost all second-rate rip-offs of established products from the commercial or academic spheres: OpenOffice, the GIMP, Thunderbird, MySQL. Programming languages seem like a strong area for OSS, but in reality much of what it has produced in recent years is all variations on the same theme, and the serious innovation is happening in academia or industrial R&D labs at Microsoft, Sun, IBM and the like. Heck, even Linux itself is obviously based on UNIX. I actually laughed out loud at your comments on Ubuntu, by the way: if it were really so superior to all the commercial alternatives, how come the whole world didn't move to it already? Maybe the allegedly superior technical grounds aren't enough, and all the usability research and user help that Microsoft and Apple can fund with their copyright-driven products actually makes a big difference to non-geek users.

      After all, economists agree that monopolies are bad in all other industries

      That's rather a severe over-generalisation. For one thing, the basic capitalist structure advocated by plenty of economists naturally leads to monopolies in the long run, so in practice we break out of pure capitalism and introduce other mechanisms to ensure that any legal monopoly status is in the public interest. Now, there are plenty of things about today's implementation of copyright that I do not think are in the public interest, but that doesn't mean the basic principle of copyright can't be administered in such a way too.

      I'm not really sure how to answer your final few comments: you seem to contradict yourself repeatedly, and about half of what you wrote actually supports my argument more than yours.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    77. Re:Means nothing. by jedidiah · · Score: 1

      Dissallowing "non blessed" content has the unwanted side effect of completely disallowing user created content as well.

      Any system that will allow me to play my own home videos will also allow playback of commercial material that's been stripped of it's DRM.

      Restrictions of that magnitude might actually wake the proles from their slumber...

      --
      A Pirate and a Puritan look the same on a balance sheet.
    78. Re:Means nothing. by Anonymous+Brave+Guy · · Score: 1

      The debate shouldn't be polarised between "everything should be free, no copyright laws should exist" and "everything is just fine as it is".

      I completely agree. But the OP to whom I responded initially was openly saying that he was ignoring even the basic idea behind copyright and just ripping whatever he felt like. He wasn't saying he was breaking DRM so he could use something he already paid for, or format-shifting a legit copy of something for personal convenience, or downloading music that would have fallen out of copyright but for the Disney lawyers. He just doesn't like paying for stuff, so he freeloads and rips whatever he likes, because he can.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    79. Re:Means nothing. by Anonymous+Brave+Guy · · Score: 1

      The problem in discussions like this is someone, like yourself, who can't imagine a different world. You don't fully understand the rules or implications but you're sure there's no other way things could work.

      What a horribly arrogant, patronising thing to write.

      I would guess that I have spent far more time than most people in this discussion researching the legalities and economics of how copyright is implemented today, the merit or otherwise of the underlying principle, the differences between copyright in different jurisdictions and the impact those have, and the empirical evidence and economic theories supporting various possible alternatives. I have written Masters-length reports in the course of lobbying for change, participated in government reviews, and spent a fair few hours debating with folks on-line to cap it all.

      My problem with the anti-copyright crowd isn't that I can't imagine a different world. It's that I have explored many of them, and I have yet to find one that stands up to scrutiny as well as the basic idea of copyright plus the obvious reforms to prevent abuses by various participants that are widespread today.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    80. Re:Means nothing. by melikamp · · Score: 1

      But in the system I am advocating, it is clear how those people get paid so they can continue to do their creative work.

      In my system (and it's not really my system, but a system we use for material goods), it is clearer: people will produce things in hopes of making money for selling the first copy, just like they do for everything else.

      No-one else has yet explained how the same thing is going to happen in any of the serious alternatives mentioned so far in this discussion.

      IMHO, you are trolling. I did explain it, and I don't see a point in trying again.

      The only other way to sustain output would be for people to produce the same things voluntarily,

      Because under copyright they do it involuntarily? You lost me here.

      I actually laughed out loud at your comments on Ubuntu, by the way: if it were really so superior to all the commercial alternatives, how come the whole world didn't move to it already?

      Do you really not get it? By your logic, everyone should have moved on from FORTRAN by now, but obviously they didn't. The reasons are many, and the most notable ones are (1) reliance on legacy solutions that are "good enough" and would be very expensive to replace with superior ones, (2) software vendor lock-in due to a monopolist practice (guess who), (3) confused consumers making their decisions based on ads, as opposed to technical merits (which is the reason why MS and Apple will never go out of business, even though they will never again produce anything superior to FOSS).

      I'm not really sure how to answer your final few comments: you seem to contradict yourself repeatedly, and about half of what you wrote actually supports my argument more than yours.

      Well, since we agree that the status quo in copyright is out of whack, may be our positions are not very far from each other anyway.

    81. Re:Means nothing. by quanticle · · Score: 1

      Books and other written matter created before printing presses are basically uncopyable anyway, since copying them would require one to sit down and copy the work by hand. Couple that with the fact that the vast majority of the population was illiterate, and you have an environment where copying a text is extremely difficult and can only be accomplished by a specialized set of people. In essence, you have an early version of DRM.

      --
      We all know what to do, but we don't know how to get re-elected once we have done it
    82. Re:Means nothing. by quanticle · · Score: 1

      It is a system just like ours, but without copyright. It's a very credible system, as it worked very well for some 10000+ years and gave us epic works of art of every form imaginable: literature (fiction and non-fiction), music, architecture, painting & drawing, live acting, to name just a few. There is not a shred of evidence that copyright provides an actual incentive to create artistic works, i.e. that fewer works would be created without copyright, or that the overall quality would suffer. Not a shred. Indeed, recent studies concerned with measuring the dependence of artistic output on copyright term length failed to find anything statistically meaningful (citation on request). If you are concerned with credibility, you should stop saying that copyright helps to increase artistic output, because, as a matter of fact, it does not.

      As another commenter pointed out above, copyright only becomes necessary when it is easy and cheap to copy works. For the vast majority of the 10,000+ year timescale you mention, copying was very difficult. Before written language, poets would spend their entire lives reciting and memorizing epics. Before the printing press, monks would spend years creating a single book. After the printing press came along, and made copying text easy and (relatively cheap) copyright soon followed.

      There were plenty of works created before the copyright was invented, and today we still have high quality works, artistic and otherwise (e.g. FOSS) that are being created every day. At the same time, there is a bounty of evidence for the systemic abuse of the copyright by the content owners, who find the law helpful for cementing their content distribution monopolies. They do so mainly by hiding in their vaults a good century worth of artistic works, thereby robbing us of the PD and creating an artificial scarcity.

      There is abuse yes. I'm not going to deny the existence of patent trolls, and I do think the current penalties for downloading penalties are excessive. However, that's an argument for reform, not abolition. And, lets not forget that the open-source licenses that we like so much (like Creative Commons, and the GPL) only gain teeth from copyright law. If copyrights didn't exist, all work would be public domain. People could copy your effort without recourse, even when the only thing you want is attribution.

      Additionally, you have to explain why a monopoly is good when it comes to producing copies of artistic works. If you agree that markets operate well (from the consumer's point of view) in presence of competition, you have to point out the fundamental difference between pizza and painting. Apparently, there is something about distributing copies of a painting that makes a monopoly good, so please tell us what it is.

      The difference is exclusivity. If I have a pizza, and I give it to you, then I either go without pizza, or I have to go and buy or make one for myself. If I copy my CD and give it to you, then both you and I have, in a fundamental sense, the same CD. Lawmakers realized that intellectual property has value. If it didn't, we wouldn't want it. However, the lack of exclusivity means that intellectual property doesn't have the same level of natural protection as physical property. Therefore, copyright is a way to bring a limited form of exclusivity to intellectual property, so that creators can capture some of the value that would normally be taken by the distributors.

      --
      We all know what to do, but we don't know how to get re-elected once we have done it
    83. Re:Means nothing. by Late+Adopter · · Score: 1
      ACTA is a wide umbrella. Until we see text (all that Geist has released is his interpretation of one chapter of a draft), anyone's guess is as good as another. From documents provided by the Office of the US Trade Representative:

      The ACTA initiative aims to establish international standards for enforcing intellectual property rights in order to fight more efficiently the growing problem of counterfeiting and piracy.

      http://www.ustr.gov/trade-topics/intellectual-property/anti-counterfeiting-trade-agreement-acta
      http://www.ustr.gov/sites/default/files/uploads/factsheets/2009/asset_upload_file917_15546.pdf

    84. Re:Means nothing. by melikamp · · Score: 1

      Your post is very thoughtful.

      You are right about exclusivity, that is a pretty fundamental difference. But even so, it's not the one that necessitates the monopoly institution. The reason is: the first copy still commands a higher price than every subsequent copy. That is how artists can (and, imho, should) make money, and that is a sufficient incentive to create. Copyright is an unnecessary evil; not a great evil, but a somewhat major annoyance and an overhead on all art production.

      In practical terms, I totally agree with you: our first priority today should be to take a moderate political position and to reduce terms to sensible levels. We can do so gradually over the next decade or two. In the end, a term of under 2 years would be great, and anything over 5 is just plain overkill. Make that retroactive (apparently, it is OK for extending the term). This will create an entire new world of free culture, while giving big players a cushion as they adjust their business process.

    85. Re:Means nothing. by Engeekneer · · Score: 1

      People like you are as much a problem as Big Media's absurd power grabs.

      Uhm, people like him, the problem? What he's doing could be completely legal outside the US. For example if I'm not completely mistaken, in Finland it's still legal to make a few copies to your friends of media you legally own. I don't see how this differs? ACTA might aim to put a stop on that, but I really would like to see how the law fares in EU. I think, and hope, it will be heavily criticised by enough people to not make it pass

    86. Re:Means nothing. by swilver · · Score: 1

      A system that is unhackable like that will however never become popular enough for me to want to get the content for it for free.

    87. Re:Means nothing. by swilver · · Score: 1

      This may be hard to believe...

      but I could live without entertainment.

    88. Re:Means nothing. by Anonymous+Brave+Guy · · Score: 1

      In my system (and it's not really my system, but a system we use for material goods), it is clearer: people will produce things in hopes of making money for selling the first copy, just like they do for everything else.

      I understand that this is what you are proposing. What I honestly don't understand is how you expect it to happen in the case of relatively expensive works with large audiences, where the work is worth only a modest amount to any individual.

      I would be genuinely interested if anyone has an alternative model that has proven to be effective, but to my knowledge, so far it's near enough all talk and no action. People have been suggesting pledge-based systems for years, and nothing in the current copyright system precludes taking such an approach if it is a better incentive to create and share, yet almost no-one does.

      Copyright, for all its flaws, currently supports millions of people producing and distributing goodness knows how much creative content, certainly vastly more than was produced and shared so widely under any other historical system. I have no reason to believe copyright is the best system, but on the basis of this evidence, I have no problem accepting that as an incentive scheme, it works.

      Because under copyright they do it involuntarily? You lost me here.

      Let us say "charitably" then, for the avoidance of doubt.

      The point is that those people who currently work a 9–5 job doing not particularly enjoyable but practically useful work on things like software probably do it only because it pays reasonably well. They would therefore be unlikely to continue doing it, producing at the same rate and the same quality, if they had to work a different 9–5 to pay the rent and then put in the other 8 hours on top to write the software without compensation.

      By your logic, everyone should have moved on from FORTRAN by now, but obviously they didn't. The reasons are many

      ...and one of them is that FORTRAN is still the best tool for some jobs.

      And for other jobs, people pretty much have stopped using it.

      I'm afraid while we may not be too far apart on the copyright issue, we're just not going to see eye-to-eye on FOSS. I have nothing against those who build FOSS products and are kind enough to give away the fruits of their labours, but to me the claim that OpenOffice is actually superior to MS Office, or GIMP to Photoshop, or MySQL to Oracle, is just so obviously, comprehensively wrong that it is hardly worth debating (though if you want numerous specific and detailed arguments, I have posted on these subjects at some length in previous Slashdot discussions).

      In any case, the kicker for me isn't even the technical arguments, which could be debated. The point isn't that not everyone has moved to Ubuntu, it's that almost no-one has moved to Ubuntu. If you only get a 50% take-up, you can contend that there are non-technical issues blocking adoption, or cultural issues to overcome. If you only get a 0.5% take-up after years of advocacy, and you still argue that you are right and almost the entire world is wrong, you lack credibility. There's an old poker saying: if you can't tell who the weak player at the table is, then it's you.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    89. Re:Means nothing. by Anonymous Coward · · Score: 0

      People didn't read his plays though did they - they turned up to see them performed live at his theatre.

      You can't tell me any twat with a copy of his plays could've gained the ear of the monarchy and gotten his own theatre built for him? He had talent that was recognised.

      Also to point out, people were performing his plays all over the country with no restitution to Shakespeare other than a nod in his direction as thanks. Yet somehow he didn't end up in the poor house? Maybe because he knew that imitation is the sincerest form of flattery and that their emulation of him was the highest tribute he could hope to gain. But then he was a fucking artist.

    90. Re:Means nothing. by amplt1337 · · Score: 1

      Then obviously copyright -- or even any market incentive resulting from mass distribution -- is irrelevant to people's willingness to create, produce, and distribute books.

      --
      Freedom isn't free; its price is the well-being of others.
    91. Re:Means nothing. by WNight · · Score: 1

      I would guess that I have spent far more time than most people in this discussion researching the legalities and economics of how copyright is implemented today, the merit or otherwise of the underlying principle, the differences between copyright in different jurisdictions and the impact those have

      And yet in the end you still buy into the tired argument that government monopolies promote anything other than lawyers.

      The huge Hollywood studios would be unlikely in a world without copyright, sure. By the standard that a copyright must promote THESE things, no alternative comes close.

      But the purpose of government is to make all aspects of life better, not to tax or oppress in one area to improve another. What would the world be like? Would we be right here now but with less works being produced? No, we'd also be taxed less, free to copy anything we could see, free of EULAs, etc.

      Further, the idea that less works would be produced seems unlikely, as many people create and yet don't expect monetary rewards - FOSS, YouTube, amateur porn, fiction/fanfic, howtos/faqs, etc. Few would reach the polish of a blockbuster movie, but there are fewer blockbuster movies...

      My problem with the anti-copyright crowd isn't that I can't imagine a different world. It's that I have explored many of them, and I have yet to find one that stands up to scrutiny as well as the basic idea of copyright plus the obvious reforms to prevent abuses by various participants that are widespread today.

      That's what I mean. You have a bunch of unstated requirements that a copyright replacement must meet (to produce near identical results to now) and anything which doesn't is ignored.

      Any rational set of guidelines (by and for the people) would say "can't be used to censor or take something out of print" (How does that help the public?). But we don't have this currently and so you place little value on it when considering options - likely not even giving it much thought.

      I value simple laws and little enforcement. To be policed effectively things like copyright need an enforcement arm bigger than what we use to stop murderers and bank robbers, as well as draconian laws that would prevent you (3 strikes and you're off the net) from connection your computer to another if you've ever even been accused of unwittingly participated in the duplicating of some piece of a copyrighted work. How does that promote science and the useful arts?

      You see Hollywood blockbusters, I see the BSA forcing their way into a business - with armed marshals - and performing forced audits. You see CNN/Fox news , I see CRU using copyright to fight the leaking of their emails, and Oracle leveraging EULAs into NDAs.

      I can't propose anything that generates the funds that someone in your position would say is a requirement, based on matching our current situation. Rupert Murdoch, etc, make fortunes that a less powerful copyright system would not ensure. But in my scenarios we don't need armed thugs holding back the digital tide. What's better in the end depends if you're stuck paying for the thugs to collect the loot or are being given the loot.

      So no, I don't think you see or fully consider/understand many of the options, such as just dropping the whole mess.

  6. How would this fly by aztektum · · Score: 1

    In the US even? I mean I know our politicians are bought and paid for, but wouldn't 3-strikes and you're cut off violate due-process? Granted I haven't read all the details, but it's a bit hard to when it's you know, hidden away from all.

    Time to fire up the printer and send off more letters to the Congress critters.

    --
    :: aztek ::
    No sig for you!!
    1. Re:How would this fly by wizardforce · · Score: 4, Insightful

      I would think that after all that has happened in the last decade, people would stop being so surprised when our bloated government abuses its power *again*.

      --
      Sigs are too short to say anything truly profound so read the above post instead.
    2. Re:How would this fly by theCoder · · Score: 1

      Due process? You're not going to jail. Your life and liberty aren't being threatened, only your Internet connection. It would be "administrative", like revoking your driver's license.

      Except you don't need an Internet license (yet), so this would be the Federal government telling private businesses (ISPs) that they cannot do business with a group of people. Nasty, but it has been done in some forms before, such as background checks for gun purchases and the no fly list. But those were done in the name of public safety. I don't know how much "public safety" there could be in someone downloading the latest Disney movie.

      Generally, I would think that the Federal government doesn't even have to power to restrict Internet usage like that. However, they'd probably claim that the Internet is multi-state and you can buy things using the Internet, so they can regulate it as "inter-state commerce". I wouldn't be surprised to see some Supreme Court cases come out of it, but unfortunately, as a treaty, ACTA may carry significant weight.

      Maybe it's time to start a grassroots campaign against ACTA. Something like how ACTA is an attempt "to take your Internet connection away for downloading music, movies, and TV shows from the Internet". I seriously doubt we'll here anything negative on the mainstream media about ACTA. It will be presented as for everyone since will enable studios to sell you more movies and music. They'd love to sell you their wares right now, but without ACTA it's just too dangerous. </sarcasm>

      --
      "Save the whales, feed the hungry, free the mallocs" -- author unknown
    3. Re:How would this fly by dryeo · · Score: 1

      You live in a country where the most invasive searches (removing blood from inside your body) are allowed due to signing a right away to get the privilege to drive (varies amongst the states).
      I'd say due process is long gone.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    4. Re:How would this fly by Culture20 · · Score: 1

      I mean I know our politicians are bought and paid for, but wouldn't 3-strikes and you're cut off violate due-process?

      It's better than that: over time, people will adopt a rabbinical "fenced-in" "kosher" law to prevent themselves from violating the 3-strikes law. The *AA would like to believe the fence-law would be "never copy once", but that's too close to "never copy three times". Heck, the real kosher law of "never boil a kid in its mother's milk" has a fenced-in law of "never eat dairy and meat in the same meal". So the IP fence law would be "Never consume *AA material". Some are already doing this. Huzzah for our orthodox media non-consuming friends!

    5. Re:How would this fly by B1oodAnge1 · · Score: 2, Funny

      BUT WE VOTED FOR CHANGE!!!!

      --
      RUGBYRUGBYRUGBY
    6. Re:How would this fly by Anonymous Coward · · Score: 0

      Well, International Treaties trump most other laws, and in some cases even trump constitutional rights. However, this still has to be approved by the Senate. All it takes is for this to be snuck through as part of some other "indispensable" treaty (or broken up across multiple treaties), and it gets into law at a level the SCOTUS has very little power over.

  7. Obama ? Come on ! by Yvanhoe · · Score: 4, Interesting

    On this point I am really saddened by the Obama administration. The 3-strikes-and-out is hugely unpopular including amongst artists. It is "lobbying for special interests" at its finest and really should not belong to the 21st century. There are already some countries who recognized access to internet as an opposable right.

    I thought now there were progressives in the White House and in Senate ? Does nobody want geeks' votes anymore ? How many pirate party will be necessary in order for this madness to end ?

    --
    The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    1. Re:Obama ? Come on ! by Walterk · · Score: 2, Informative

      Don't blame Obama, blame Biden: http://news.cnet.com/8301-13578_3-10024163-38.html

    2. Re:Obama ? Come on ! by wizardforce · · Score: 5, Insightful

      Yes blame Obama. He picked Biden as his running mate and he isn't any more innocent in regard to the actual treaty than Bush was.

      --
      Sigs are too short to say anything truly profound so read the above post instead.
    3. Re:Obama ? Come on ! by TheGratefulNet · · Score: 3, Informative

      probably should not feed the troll, but let me remind you of one simple fact:

      as bad as obama is, the other choice would have fucked us over FAR WORSE.

      yes, obama is disappointing. but we could only guess the kinds of damage the other guys would have done. ..just some perspective. yes, obama sucks right now. but it could be FAR worse. not exactly a pleasant thought but it might help to give perspective.

      --

      --
      "It is now safe to switch off your computer."
    4. Re:Obama ? Come on ! by sajuuk · · Score: 1

      Don't blame either one of them. Blame the corrupt entertainment industry that lobbies our lawmakers into betraying the very people who elected them.

    5. Re:Obama ? Come on ! by mrsurb · · Score: 1

      Don't fight - there's more than enough blame to be shared around here! Both for the corrupters and the corruptees.

    6. Re:Obama ? Come on ! by Anonymous Coward · · Score: 0

      The argument that McCain would have been worse than Obama, while true, only shows how completely worthless and disconnected the United States government and it's so-called "two-party" system really is. Would you like crook A, or liar B? The people of the United States would get better leaders by drawing names randomly out of a hat.

    7. Re:Obama ? Come on ! by Lendrick · · Score: 4, Insightful

      Unfortunately, this treaty isn't a left/right thing (ACTA originated under the Bush administration, and the Obama administration is carrying on with it). Almost universally, the public hates it and the government loves it (save for a few principled politicians on both sides).

      I'm unabashedly liberal, and I believe that there are places where the government can do a lot of good. This is definitely not one of those times. Rather than pointing fingers at other voters, what we need to do as the American public is band together and fight this thing.

    8. Re:Obama ? Come on ! by Zerth · · Score: 3, Insightful

      Pansies! Why vote for the lesser evil?

      Vote for the guy that will ruin the government, then we might have a chance at getting something new...

    9. Re:Obama ? Come on ! by Anonymous Coward · · Score: 0

      If our government is so broken that every election day it provides us the choice between bad and worse that is something that needs to be fixed immediately.

    10. Re:Obama ? Come on ! by Anonymous Coward · · Score: 0

      I don't agree. If the "other side" would have won, they would have had to deal with the democrat majority, meaning NOTHING would have gotten done. Right now things are being forced through, which is why you're seeing the independents going more to the conservative side now (they wanted change not the same ol same ol politics) I would have loved having a president that couldn't get anything done, having the wheels spinning and the government going no where. The slower the government moves the more freedoms we tend to possess.....

    11. Re:Obama ? Come on ! by Anonymous Coward · · Score: 0

      As long as people are fooled enough by promises there will *never* be someone that does what they say.

      Really, Obama rose through politics in Chicago through a network of some of the most corrupt institutions in the world. In each position he didn't do much more than vote present and talk a good game (even his time as editor of Harvard Law Review produced nothing and that is *rare*). His political supporters were all radicals who professed wanting to rule. He spoke almost entirely in vague concepts and the few times he got into specifics he contradicted himself depending on who he was talking too. Finally he choose Biden as his VP - that right there should have been enough to tell you.

      Also note that, despite the allegations that the DMCA was a Republican bill, it passed unanimously. Why you would think that those people would want something different now? Neither do I know of this time implied by the word "anymore" wherin they did more than simply fool you. You may very well find one side better than the other (and most likely will) but neither one is out to help you.

      Quit being what the Soviets called "Useful idiots" and realize that none of those guys are for you no matter how warm and fuzzy you feel after listening to one of their speeches. Look at what they do, not what they say - they can say anything.

    12. Re:Obama ? Come on ! by Anonymous Coward · · Score: 0

      Fact? Your proof, sir?

    13. Re:Obama ? Come on ! by Yvanhoe · · Score: 1

      I should have pointed out that, as a European (froggy surrendering monkey), I didn't consider that as a voting issue. My point of view is more to consider if America either is back as a herald of freedoms or is still an avatar of big corps. If I had to choose a country to exile to, America still doesn't have my vote back from Finland (who declared internet access to be a human right).

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    14. Re:Obama ? Come on ! by Culture20 · · Score: 1

      progressive

      I don't think that word means the same to you and to them.

    15. Re:Obama ? Come on ! by dcollins · · Score: 1

      Hello Rumpelstilskin, you've been asleep for 9.5 years.

      --
      We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
    16. Re:Obama ? Come on ! by FatSean · · Score: 1

      McCain promised endless war and more financial deregulation while his running mate insulted the majority of the population who lives on the coasts and in cities.

      Obama made some reaching promises and his running mate was a doofus.

      So incredibly easy to choose between Crook A and Hopeful B.

      --
      Blar.
    17. Re:Obama ? Come on ! by snadrus · · Score: 1

      I considered doing that, voting for who I thought was worst as that's the way things are going quickly. The downside is it's a long road to ruin and I'm not interested in seeing a half-century depression.
      That said, Ron Paul would have been nice. So would a huge tax on copyrighted goods (since we will never get them into the public domain).

      --
      Science & open-source build trust from peer review. Learn systems you can trust.
    18. Re:Obama ? Come on ! by BJ_Covert_Action · · Score: 1

      the other choice would have fucked us over FAR WORSE.

      That's nice, presenting your own subjective fears as if they were fact. I don't know that, 'the other guy(s)' would have fucked us over far worse or not. However, realizing that I am no better at telling the future, or speaking of alternative time lines than Miss Cleo, I tend to restrain myself from the temptation of declaring, "If this happened then OMG we all would have died!."

      The simple truth is, none of us really know, or knew, which candidate would have produced the better or worse time line. At best, we could observe past trends and extrapolate, although, time and again I find extrapolations into the future almost inevitably tend to be inaccurate and/or shortsighted. There is no way to quantify bestness. There is no means by which we can mathematically model political developments and left/right wing trends without involving ourselves in some form of quality judgement. For all intents and purposes, we are blind to the future unless we are speaking strictly about the causal domain (i.e. science and math). If there is a means by which we can causally model the progression of human society...or even a small portion of it like America...and, from that, extrapolate future behavior as we can with, say, mechanical systems, then we have not found it yet.

      That being the case, I would discourage you from raising the whole, "Yeah but things could be worse/better, if ____ " arguments as we do not really know. Things could always be better. Things could always be worse. All we can really proclaim with any sweeping authority of truth is present observations and rigorously tested causal models. That being said, comments of the type you just posted contain about the same substance as the, "Think of the children!" fallacies. In other words, it's FUD at best and outright misinformed panic at worst.

      Please keep your prophesying to the New Ager message boards.

    19. Re:Obama ? Come on ! by WNight · · Score: 1

      On this point I am really saddened by the Obama administration. The 3-strikes-and-out is hugely unpopular including amongst artists.

      Nah, it's cool. They're applying the longer copyrights retroactively as well, and are going to find Disney in violation.

      Actually, that's it. It's not just the longer copyrights, it's the longer copyrights back-dated just far enough to help Disney, but not far enough to hurt. If these things weren't fucked with by lobbyists we might respect them a bit.

    20. Re:Obama ? Come on ! by Anonymous Coward · · Score: 0

      "Unfortunately, this treaty isn't a left/right thing"

      Are you people nitwits? Of course it's a left/right thing, it simply PRESENTLY doesn't matter who is implementing it, but it will with who is in charge at the time the "bad" treaty implementation hits the fan, both to hammer the other side and to come to a "compromise" solution that really only furthers whatever sides ends happen to be in power at the time.

      This is plain, regular politics, and it's crap that just keeps impeding progress by putting on yet another yoke on the citizenry. The left will use it at least to put more DMCA like restrictions on the books, the right will use it as a call against treaty law and to point to the rise in lawbreakers requiring more laws.

      Both sides are backing (and banking on) this because it will be very unpopular. They'll get it passed, they'll be outrage by the public, heads will supposedly roll and fresh or fair politicians will come to bear and "correct" the past actions of the previous incumbents, all the while leading the beast that is the law to the pasture of their choosing. That law and corresponding policy revision (yet another) will be put forward as a correction, or at the very least a compromise, when the end was really intended for in the first place.

      See the current health care debate. Go far left, hammer the right, compromise, and get left of center health care which is what they really wanted anyways and throw in some more taxes to boot. Even better, make sure that only part of the problem is solved (see uninsured still left in the Senate version), so the issue comes up yet again in an election cycle or two and more taxes and more laws are needed. People have totally forgotten the reason we are in this mess was because of socialization (mainly auto labor unions, more cost of health care than cost of metal in the substandard American car in the early 80s) and people banking on it (doctors, who are considered victims in the current system even though they wrought it, were amongst the richest fleecing their labor union patients and families who were paid health benefits by the auto company), with a law Congress passed (ERISA) that gave HMOs federal power (originally passed to help retirement investments and savings and pensions (look how well THAT worked) in the 1970s meltdown).

      The only thing remarkable about the current bailouts is that the banks got some money. This is a cycle that we've been through before (much of it pre-Reagan I might add) with many of the same players.

      With ACTA, they want people to lose rights, throw them in jail, lose connections, at least for a time. Even much of the citizenry will back it temporarily, since if your neighbor is a criminal, it elevates your status as a non-criminal if albeit for a brief basking glow (sort of like idiots that say "well, it's the law" without any reference to moral or ethical explanations).

  8. A Plea to the Rest-of-the-World by jekk · · Score: 4, Funny

    Dear Rest-of-the-World:

    I realize that you have already had to deal with an invasion of Iraq to eliminate imaginary "weapons of mass destruction" and a world-wide financial collapse (although, to be fair, you bear some of the responsibility for that one... after all YOU believed our our uncritical rating agencies). And we're still stumbling around on that ruining-the-planetary-climate issue. So I know it's a big favor to ask, but would you please, PLEASE restrain my country's insane leaders?

    Thanks...
    -- A Sane American.

    1. Re:A Plea to the Rest-of-the-World by Anonymous Coward · · Score: 0

      Go shoot yourself you farking pussy.

    2. Re:A Plea to the Rest-of-the-World by wizardforce · · Score: 4, Insightful

      It's not the rest of the world's jo to restrain our leaders. It is OUR JOB to restrain our leaders.

      --
      Sigs are too short to say anything truly profound so read the above post instead.
    3. Re:A Plea to the Rest-of-the-World by Anonymous Coward · · Score: 0

      Any limits on how?

    4. Re:A Plea to the Rest-of-the-World by TheRaven64 · · Score: 4, Insightful

      would you please, PLEASE restrain my country's insane leaders?

      We'd love to, but right now we're having trouble restraining our own insane leaders. I'm not sure quite how we ended up with leaders - I thought I was voting for people to represent me, not lead me.

      --
      I am TheRaven on Soylent News
    5. Re:A Plea to the Rest-of-the-World by garcia · · Score: 4, Insightful

      I think the majority of Americans thought that they corrected the mistakes they made 9 and 5 years ago when they elected the most recent idiot to office. Unfortunately they just brought a whole new idiot with a whole different secret agenda.

      Meet the new boss, same as the old boss.

    6. Re:A Plea to the Rest-of-the-World by jedidiah · · Score: 1

      The rest of the world is responsible for it's own people.

      Nothing can become "global law" without the cooperation of willing lackeys.

      In this respect, Obama is no more responsible than Sarkozy or Berlisconi.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    7. Re:A Plea to the Rest-of-the-World by muuh-gnu · · Score: 5, Insightful

      In order to do your job, you'd have to vote them out of office. But you cant vote them out because your system in practice allows only two parties. The US hasnt had a third party winning somwhere since more than 100 years. 300 Million citizens and only _two_ fscking parties to vote for, every god-forgotten country-so-small-you-cant-find-on-the-map from the Balcans would laugh its collective ass off about calling that "democracy".

      Add to that the fact that, at least regarding copyright, the two US parties basically agreed to form a cartel (MAFIAA isnt called MAFIAA for nothing), and youre simply out of luck.

    8. Re:A Plea to the Rest-of-the-World by Anonymous Coward · · Score: 0

      Please mod parent way up. That last insight is key.

    9. Re:A Plea to the Rest-of-the-World by Thing+1 · · Score: 1

      Jesse Ventura became governor of Minnesota running on a third-party ticket (Reform Party), in 1998. There have been representatives from both Vermont and New Hampshire from third parties. (Note that this is not to dispute the implied rage; that I share.)

      --
      I feel fantastic, and I'm still alive.
    10. Re:A Plea to the Rest-of-the-World by Anonymous Coward · · Score: 0

      The US hasnt had a third party winning somwhere since more than 100 years.

      Jessie the Body Ventura. Governor of Minnesota for...REFORM Party. Ok, so Minnesota is really nowhere, still, they do have the Mall of America.

    11. Re:A Plea to the Rest-of-the-World by jpmorgan · · Score: 2, Interesting

      This is a common point, but it's not really true.

      Yes, at general elections there are, practically speaking, only two options. However, the US has a very open primary system. I'm not American, but my understanding is that all one has to do is check 'Democrat' or 'Republican' on voter registration forms to be allowed to participate. At primaries there ARE a broad range of ideas and philosophies presented. So yes, the final choice is between two... but those two are in turn selected through a democratic process by a self-selected, interested subset of the general population.

      So if members of the public find both options undesirable, they should be participating in the optional primary system as well. i.e., don't bitch about your choices when you have a say in what those choices were in the first place.

    12. Re:A Plea to the Rest-of-the-World by SirWhoopass · · Score: 1

      The majority of Americans? You mean the 32% of adults who voted for Obama?

      He did receive a majority of the voters (53% vs 46%), but hardly a majority of Americans.

    13. Re:A Plea to the Rest-of-the-World by Late+Adopter · · Score: 1

      I suppose it's different in parliamentary systems, but in the US, I vote for the President to represent me, and to lead the executive branch. The President has subordinates, his Cabinet members, each of which has a Department of such-and-such with employees and a budget, passed by Congress. That makes him a leader in the same way any manager or CEO is, but he doesn't lead *me*, I'm just a (very small) shareholder.

    14. Re:A Plea to the Rest-of-the-World by TheDarkMaster · · Score: 1

      They can try to force the DCMA here... But will do not back... alive. This goes too far for me.

      --
      Religion: The greatest weapon of mass destruction of all time
    15. Re:A Plea to the Rest-of-the-World by SteveFoerster · · Score: 2, Insightful

      That you could list significant third party and independent electoral victories in the U.S. on a postage stamp and have room to spare supports the proposition the the two party system is intractable, rather than weakens it.

      --
      Space game using normal deck of cards: http://BattleCards.org
    16. Re:A Plea to the Rest-of-the-World by StikyPad · · Score: 1

      Not really. In the US anyway, legislators fill that role, while it's pretty clear that executives *are* leaders. Moreover, they don't represent individuals personally, but the "collective will" of the electorate.

    17. Re:A Plea to the Rest-of-the-World by snadrus · · Score: 2, Insightful

      Yes, but only 1 Democrat or Republican runs for president at a time.
      Which once? The one who wins the primary.
      How do you win a primary? Get popular from Ads
      How do you pay for Ads? Bribes
      Who 'wins' bribes? Those whose track record follows up on them.

      Why did so many want Obama? He campaigned he'd reduce the legality of bribes

      --
      Science & open-source build trust from peer review. Learn systems you can trust.
    18. Re:A Plea to the Rest-of-the-World by shirotakaaki · · Score: 1

      Unfortunately they just brought a whole new idiot with a whole different secret agenda.

      Meet the new boss, same as the old boss.

      I am so tired of it phrased this way as it makes it sound. You make it sound like Obama brought in this secret treaty with him to screw everyone for the media interests benefit. The treaty was started long before the current president was in office. So yes its same boss but same agenda.

    19. Re:A Plea to the Rest-of-the-World by Anonymous Coward · · Score: 0

      Nuke the fuckers

    20. Re:A Plea to the Rest-of-the-World by jekk · · Score: 1

      Yeah, I know... I've been trying. Ever since 2 years into Bush's term, I've been contributing money AND TIME to national campaigns. But so far it isn't working... well, at least Obama's election was better than Bush so maybe it is STARTING to work? I hope?

    21. Re:A Plea to the Rest-of-the-World by Anonymous Coward · · Score: 0

      If you didn't vote for SOMEBODY then your opinion doesn't count for jack shit.

    22. Re:A Plea to the Rest-of-the-World by the_womble · · Score: 1

      Sorry, we are too busy trying to restrain OUR insane leaders.

    23. Re:A Plea to the Rest-of-the-World by ath1901 · · Score: 1

      The US is only one party away from being a dictatorship.

    24. Re:A Plea to the Rest-of-the-World by Thing+1 · · Score: 1
      Wasn't intending to weaken; merely to show that it wasn't all-or-nothing. GP's original statement:

      The US hasnt had a third party winning somwhere since more than 100 years.

      --
      I feel fantastic, and I'm still alive.
  9. 3 strikes - how to enforce? by Skuld-Chan · · Score: 3, Interesting

    So say you get kicked off the net - how do they enforce this? Just off the top of my head I can think of a dozen ways to browse the net semi-anonymously (coffee shop, library, college, neighbors wi-fi etc etc). Not to mention having internet access at work - does that mean I'd be denied employment world-wide for messing around on the net?

    1. Re:3 strikes - how to enforce? by Monkeedude1212 · · Score: 5, Funny

      It starts with RFID chips being implanted into everyone, which is then used only for convenience (like purchases) and then slowly becomes more and more integrated into everyday life. All of your information will be stored on this device and you will be tracked by the Government always. You will end up needing your chip to log into /. (.) Eventually you'll need it to even Access the internet. And then, once they find that you are abusing their laws, they just shut off your RFID, leaving you absolutely helpless in the world because you won't be able to do anything.

      THEN they put Flouride or something in the water to make people forget. And then we find out they faked the Jupiter Landing! And then Copyright Laws become even more strict and Insane then they are now, And then Apple Gets arrested for being too Open Source and everything goes to hell!!!!

      ITS NOT TOO LATE! REVOLT NOW!

    2. Re:3 strikes - how to enforce? by Anonymous Coward · · Score: 0

      Obviously, the coffee shop, library, college, neighbors and employer would be held responsible for your actions. That'll teach them to let you do things on the internet!

    3. Re:3 strikes - how to enforce? by AndrewNeo · · Score: 1

      As far as I know, the way the 3-strikes laws are supposed to work are only to disconnect your home ISP access. You're not 'banned' from the internet entirely, just from subscribing to it as a resident. I'm not so sure how this treaty works, though.

    4. Re:3 strikes - how to enforce? by Anonymous Coward · · Score: 0

      The sound you are not hearing is not produced from the men in black suits who are not attempting to assassinate you.

    5. Re:3 strikes - how to enforce? by Anonymous Coward · · Score: 0

      REVOLT REVOLT REVOLT! VIVA LA REVOLUTION!
      gathering tomorrow at D.C. 18:00 in front of WH. Bring guns.

    6. Re:3 strikes - how to enforce? by Shagg · · Score: 1

      You're assuming that all laws are enforceable, let alone even make sense. The primary purpose of passing this would be to qualify for the payout that the content industry is offering. Whether or not it would be effect isn't something the government really cares about. They're just satisfying the whims of the industry.

      --
      Unix is user friendly, it's just selective about who its friends are.
    7. Re:3 strikes - how to enforce? by Culture20 · · Score: 1

      gathering tomorrow at D.C. 18:00 in front of WH.

      Black tie and red dress with silk scarf for admittance.

    8. Re:3 strikes - how to enforce? by w0mprat · · Score: 1

      So say you get kicked off the net - how do they enforce this? Just off the top of my head I can think of a dozen ways to browse the net semi-anonymously (coffee shop, library, college, neighbors wi-fi etc etc). Not to mention having internet access at work - does that mean I'd be denied employment world-wide for messing around on the net?

      *faceplam* You don't realise those services will dry up because the service providers won't want to face the liability. Nobody is going to run open wi-fi if it could mean they were libable for what other people will do with it. Public internet will evaporate, and what does remain will be draconian perhaps even to the point of blocking encrypted traffic and unusual ports, or worse anything but allowed approved domain names from Big Content.

      Eventually even trying to hide your activity over the internet could be considered illegal.

      --
      After logging in slashdot still does not take you back to the page you were on. It's been that way for 20 years.
    9. Re:3 strikes - how to enforce? by Anonymous Coward · · Score: 0

      I am revolting

    10. Re:3 strikes - how to enforce? by gamecrusader · · Score: 1

      Why hasn't anyone forgotten about a certian act maybe we can get the whole picture using a current favorite of mine Freedom of Information Act.
      THIS IS A DECLERATION OF WAR PEOPLE!!!!!!!
      LETS USE THE WORLD WIDE WEB TO ITS FULL POWER BEFORE ITS TOO LATE!!!!!

      start posting the bombshell that was leaked, by every possible means, time to start a firestorm of angry users all over the internet to fight back against the decleration of war against the internet as we know it, and our rights as humans!!!!!!!!

  10. thousands of government bureaucrats by circletimessquare · · Score: 4, Insightful

    versus

    millions of teenagers who are
    1. technologically astute
    2. media hungry
    3. POOR

    let them pass any goddamn law they want. who fucking cares?

    its nothing more than damage to route around, like the internet was designed to do

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:thousands of government bureaucrats by Anonymous Coward · · Score: 2, Insightful

      I care, when I voice an unpopular opinion and those in power cut off my internet access because "I've been downloading media" regardless of the reality of the situation.

    2. Re:thousands of government bureaucrats by Anonymous Coward · · Score: 0

      I've decided to spend mod points instead of post

    3. Re:thousands of government bureaucrats by debrain · · Score: 2, Insightful

      its nothing more than damage to route around, like the internet was designed to do

      The media barons out there are saying "Internet piracy is nothing more than damage to route around or snuff out, like the global media conglomerates were designed to do."

    4. Re:thousands of government bureaucrats by melikamp · · Score: 2, Insightful

      By successfully censoring commercial art and removing it from the Internet, these clowns only help us to popularize the free-as-in-freedom art. I agree: let them pass more copyright laws if they so desire. Unlike with patents, nothing of value will be lost.

    5. Re:thousands of government bureaucrats by mounthood · · Score: 4, Interesting

      versus

      millions of teenagers who are
      1. technologically astute
      2. media hungry
      3. POOR

      let them pass any goddamn law they want. who fucking cares?

      its nothing more than damage to route around, like the internet was designed to do

      Consider the war on drugs before you boast. The US is willing to damage millions of people even if the outcome they want is virtually impossible. (And like the war on drugs, the people will favor harsh treatment for "pirates" also.)

      --
      tomorrow who's gonna fuss
    6. Re:thousands of government bureaucrats by CrazedSanity · · Score: 1

      If RFID chips are instituted as a way of attempting to control people, identity theft will/can be more widespread. The data from an RFID chip is very easily read. Even if there were a password associated with the RFID, this would be rudamentary to steal, since few people utilize strong passwords. Now imagine it took no more than the right ID+Password to completely hijack another's identity... it would be like handing out kits with a person's DNA, SS #, driver's license, mother's maiden name, full set of fingerprints, and the last 30 unique passwords they used. I vote yes to nationwide stupidity.

      --
      Sanity is like a condom: rather have it and not need it, than need it and not have it.
    7. Re:thousands of government bureaucrats by dryeo · · Score: 1

      You think they won't cut you off just because it was free-as-in-freedom art?
      One of the motivations for these laws is to kill independent art

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    8. Re:thousands of government bureaucrats by melikamp · · Score: 1

      I think we actually agree. I should have said that a 3 strikes law is fine as long as people get a chance to defend themselves in court before being disconnected. A law that punishes people without due process is just a bad law and copyright has nothing to do with it.

    9. Re:thousands of government bureaucrats by snadrus · · Score: 1

      That's the best part of the war on copyright:
      Make pirating impossible to those too poor to buy it, then have Internet everywhere. Open source is the answer to get you to the creative commons Internet of the future.
      As a nation becomes poorer and copyright penalties tighten, open source will be the only answer.

      --
      Science & open-source build trust from peer review. Learn systems you can trust.
    10. Re:thousands of government bureaucrats by FrankieBaby1986 · · Score: 2, Insightful

      Comparing the effects of widespread piracy of music and movies on a population and the effect of hard drugs is ridiculous. Lots of media is absolutely terrible and may be said to "rot your brain", but many, many of the kinds of drugs that are illegal really ruin people's lives and make them completely unemployable and a drain on the world.

      I'm sure most of the population will get behind a law against life-wrecking hard drugs, but I can't see them rallying to stop piracy as hard. The negative side effects just aren't as deadly.

      --
      ERROR: SIG NOT FOUND (A)bort, (R)etry, (F)ail?:
    11. Re:thousands of government bureaucrats by Anonymous Coward · · Score: 0

      I was wondering where CTS was. His brother apparently has an account now too.

      As a point of difference, his brother uses his shift key once per post.

    12. Re:thousands of government bureaucrats by Anonymous Coward · · Score: 0

      Consider the war on drugs before you boast. The US is willing to damage millions of people even if the outcome they want is virtually impossible. (And like the war on drugs, the people will favor harsh treatment for "pirates" also.)

      This is very important. People often forget the suffering that is caused when they speak of the future and how we should deal with it. Sure if we sit around drinking coke and watching daytime television what is right and true will eventually prevail. It will prevail because it is right therefore the only possible stable state for society, any other less stable state will eventually lead to it. BUT millions will be bankrupted, starved, imprisoned, raped, beaten, tortured. Suffering that we could all prevent right now by taking to the streets in a mass campaign of civil disobedience.

      Say no to doing things the hard way

    13. Re:thousands of government bureaucrats by Anonymous Coward · · Score: 0

      So you DO have a shift key. We were wondering.

      Try and use it a bit more often, it makes you look educated when you use proper grammar.

    14. Re:thousands of government bureaucrats by Anonymous Coward · · Score: 1, Insightful

      see, that's how it works. drugs aren't life-wrecking for most people, and addiction is a medical problem requiring treatment, not a moral problem requiring punishment. but you believe that bullshit because it's all you've ever been told. and that's the kind of thing that people are going to learn about piracy.

    15. Re:thousands of government bureaucrats by Anonymous Coward · · Score: 0

      The problem with the drug analogy is that I'm quite confident that a lot more people own or have owned an MP3 player containing at least one illegally acquired track, if we go back further, making copies of tapes or CDs wasn't that uncommon to my knowledge. Having "been there" people are less likely to support the usual 'being tough on crime' rhetoric if it's going to bite them in the ass rather than just the nameless faceless masses outside.

    16. Re:thousands of government bureaucrats by FrankieBaby1986 · · Score: 1

      Days late and in response to an AC, but I agree that there are some drugs that are illegal but not life-wrecking to many people. But there are definitely many drugs that pretty much only ruin people's lives. I also agree that it is not strictly a moral problem requiring punishment. However, in the sense that society often ends up needing to care for, clean up after, and pay for the medical problems of people who absolutely could have avoided the issue entirely, it does become something we need to prevent. Making certain drugs illegal is the most efficient method in terms of cost and effectiveness.

      --
      ERROR: SIG NOT FOUND (A)bort, (R)etry, (F)ail?:
  11. Re:US or USSR? by Anonymous Coward · · Score: 0

    This IS funny.

  12. On intellectual property.. by snsr · · Score: 0

    ACTA is a fucking steaming pile of shit. A "trademark treaty" written by corporations, and intended only to protect the "copyrights" of said corporations.

    A property right is a positive right: it gives you the freedom to use, sell, etc. something you own. These are rights governments must protect, by preventing activities (such as theft or vandalism) that would endanger them.

    A copyright is an entirely negative right: it gives you no new freedoms, merely the ability to prevent others from something they would otherwise be allowed to do. It gives one individual (the copyright holder) full control of a whole market (the sale of their writing). This is a monopoly, something governments must protect us from.

    Copyright is not a natural right, but merely an outdated invention from the era of the printing press. To call copyrighted works “intellectual property” corrupts thought, by subjecting those who want to replace the invention with a more effective one to nonsensical claims of “you’re stealing my property”.
    -Aaron Swartz

  13. Let's shoot it down. by El+Jynx · · Score: 1

    By all means, let's get writing, mailing, whatever. Set up a petition, a FB group and spam our MP's silly. I'm just a little vague on who to reach. Anyone with experience got some contact info for the various member states (EU, Canada, NZ, etc etc)?

    --
    A positive attitude may not solve all your problems, but it will annoy enough people to make it well worth the effort.
  14. "Failing" is a bit harsh by Vyse+of+Arcadia · · Score: 2, Insightful

    Politicians call it "strategically avoiding success."

    1. Re:"Failing" is a bit harsh by Anonymous Coward · · Score: 0

      Indeed.

      Never let a "crisis" go to waste.

    2. Re:"Failing" is a bit harsh by dwiget001 · · Score: 1

      || Never let a "crisis" go to waste. ||

      And, if you don't have one, set up circumstances so that one is created, then pump it for all it's worth!

      Like even more uncontrolled spending of money that isn't there, which justifies increased onerous and enslaving income taxation, while roughly 40 percent pay absolutely NO income taxes, etc.

      The last two years economic plundering of various populations by their governments are going to look like a picnic, compared to what I see is going to happen over the next few years.

      Think taxes are high and getting worse? Pfft, you ain't seen nothing yet. Think government spending is out of control, into heights it has never seen before? Just give it a few years when Medic-are/aid and Social Security start running solely on borrowed and even more worthless money.That will be the next crisis, mark my words.

    3. Re:"Failing" is a bit harsh by HungryHobo · · Score: 1

      while roughly 40 percent pay absolutely NO income taxes

      And how many of that 40% have any income to tax?

    4. Re:"Failing" is a bit harsh by dwiget001 · · Score: 1

      No idea, but I will find out. I will post what I find, when I find it.

      However, in my view, if any citizens are required to pay income tax of any amount, then all citizens should be so taxed.

      In other words, I find the current income taxation laws extremely unfair to all concerned. Not every one, as our V.P. Joe Biden says has "skin in the game". Roughly 40 percent do not have "skin in the game" in reference to income taxes (and Joe was referring to paying taxes, actually, paying more taxes).

      So, in my view, we either all pay some income tax, or none do, it would be the only fair way to do so.

    5. Re:"Failing" is a bit harsh by HungryHobo · · Score: 1

      I'm sure once people who have no money start handing over their non-existent money things will be a lot fairer.

  15. look at the growth of disk space for $100 by paulsnx2 · · Score: 5, Insightful

    By 2025 (at the current rate of advance sustained over the last 30 years) a TB of disk storage will cost about a penny. For $100, you will be able to buy a hard drive that will hold 2.5 *centuries* of HD video. While that might not be enough to hold all of mankind's copyrighted media, it will be more than enough to hold more media of whatever format will be in use in 2025 than a person could reasonably consume in their lifetime.

    http://brownzings.blogspot.com/2009/11/disruptive-change.html

    The point is, if we copyright any and every scrap of content produced, and maintain the same sorts of restrictions on such content that we enforce at the current time plus all the restrictions of the ACTA.... We will have no legal way to use a storage card we might get as a prize in a Cracker Jack box, much less a drive we actually buy.

    And if people can carry around cheap storage sufficiently large to simply clone everyone's media libraries who they might meet, to sort out what they want later, who needs the Internet to "pirate"? (Thus what would be the real use of "Three Strikes"?)

    When I write a joke, it is copyrighted. But jokes are so easy to repeat, and so hard to track that there isn't any way I can be paid for each time my joke gets retold. When media becomes easier to pass along than a joke, how can anyone require a payment for each retelling? There are other ways to be compensated, and the entertainment industry is going to have to learn to live with Moore's Law just like any high tech company does. Learn to leverage the efficiencies they gain with better technology to offset the loss of revenue that occurs as technology eliminates sources of income.

    Live Concerts, Movie Theaters, endorsement deals, Shirts, and other value adds (plus who-knows what value adds might arise in the future) may be where the entertainment industry will have to go. Cheap (and I don't mean $10, or $5, or even $3) downloads of non DRM movies would bring in plenty of income from those that simply don't want to bother with other services.

    Life is tough as technology takes away your income. But we are not going to kill the advance of technology, as much as the entertainment industry would like us to.

    1. Re:look at the growth of disk space for $100 by Anonymous Coward · · Score: 1, Interesting

      Three words: per capacity tax.

    2. Re:look at the growth of disk space for $100 by paulsnx2 · · Score: 2, Insightful

      And exactly what would the 'per capacity tax" be on a $100 drive in 2025, which could be 100 PB (or 100,000 TB, or 100,000,000 GB for the PB or TB challenged) or more?

      Canada charges $0.29 per CD (via wikipedia). That's about 48 cents per GB.

      I guess the capacity charge would be 50 million dollars per $100 drive?

      Yeah, that would work.

    3. Re:look at the growth of disk space for $100 by lena_10326 · · Score: 1

      I think the data storage will still be consumed. In the future home movies will be in full wraparound 3d with much higher resolution to support zooming in on details.

      --
      Camping on quad since 1996.
    4. Re:look at the growth of disk space for $100 by Abreu · · Score: 1

      Too bad that by then, movies will come in 1.5TB holographic discs with gigapixel resolution, three hours of previous and advertisements and subtitles and audio in every major language in Earth.

      --
      No sig for the moment.
    5. Re:look at the growth of disk space for $100 by paulsnx2 · · Score: 1

      Nobody was making a statement about the format of video that will be in use. In fact, I said, "...it will be more than enough to hold more media of whatever format will be in use in 2025 than a person could reasonably consume in their lifetime."

      The point is that $100 100 PB storage is a huge game changer. And if we find a way to burn all that storage with a hugely fluffy format (as we did with CDs), it will just be a matter of a few years and that format too will fall to the storage version of Moore's law.

    6. Re:look at the growth of disk space for $100 by Anonymous Coward · · Score: 0

      In the future home movies will be in full wraparound 3d with much higher resolution to support zooming in on details.

      Oh yes oh yes oh yes! And those will be as popular and sought for as those "multiple camera angles", sooo prevalent on current DVDs... oh wait. I see what I did here.

    7. Re:look at the growth of disk space for $100 by paulsnx2 · · Score: 1

      Right. And NOBODY is going to be able to deal with 1.5TB video with a $100 drive that only holds 100,000 TB.

      And even this fluffy format with be crushed by Moore's law, as long as technology continues to advance as it has in the past. Besides, while the production of content is certain to expand dramatically (as it has over the last century), most of the movies, music, books, etc. which one might put on such a drive will not all exist in only the fluffiest of all possible formats.

      Disney is still all about pushing copyright laws ever forward for anything they have ever produced. And all of that content will fit on just a tiny fraction of this $100 dollar drive.

      Which is the point. As networks and storage capacity continues to grow exponentially, fluffy media formats make the control of media nearly impossible.

    8. Re:look at the growth of disk space for $100 by lena_10326 · · Score: 1

      Nobody was making a statement about the format of video that will be in use.

      Odd reply.

      In fact, I said, "...it will be more than enough to hold more media of whatever format will be in use in 2025 than a person could reasonably consume in their lifetime."

      Odd again considering you pasted back the exact line I was responding to.

      --
      Camping on quad since 1996.
  16. Basis in law? by devnullkac · · Score: 1

    I thought the whole point of ACTA as a secret agreement was that it could be implemented by merely tweaking enforcement of existing law. I know of no element of US law that supports the 3 strikes notion. If Congress won't play ball, ACTA could fall apart no matter what the various international executive branches agree to.

    --
    What do you mean they cut the power? How can they cut the power, man? They're animals!
    1. Re:Basis in law? by MightyMartian · · Score: 1

      As bad as ACTA may or may not be, the fact of the matter is that, currently, it doesn't actually exist. We get leaks of drafts and of potential clauses, but that isn't the treaty. Until the governments of the various countries negotiating the treaty actual seek ratification, there's nothing to show.

      People seem to think ACTA is being dealt with in a fundamentally different way than other treaties, and that's just BS. Unfortunately either the education system failed a lot of people on the rough overview of how international diplomacy works, or those people slept through that section.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  17. Perfect Place to Post This by Anonymous Coward · · Score: 1, Insightful

    From http://www.heretical.com/miscella/frbigsis.html:

    We tell ourselves that in America we are the Free People. I wonder whether we might not better be called the Obedient People, the Passive People, or the Admonished People. I doubt that any country, anywhere, has been so regulated, controlled, and directed as we are. We are bred to obey. And obey we do.

    It begins with the sheer volume of law, rules, and administrative duties. Most of the regulation makes sense in isolation, or can be made plausible. Yet there is so much of it.

    Used to be if you wanted a dog, you got a dog. It wasn’t really the government’s business. Today you need a dog license, a shot card for the dog, a collar and tags, proof that the poor beast has been neutered, and you have to keep it on a leash and walk it only in designated places. It’s all so we don’t get rabies.

    Or consider cars. You have to have a title, insurance, and keep it up to date; tags, country sticker, inspection sticker, emissions test. Depending where you are, you can’t have chips in the windshield, and you need a zoned parking permit. You have to wear a seatbelt. And of course there are unending traffic laws. You can get a ticket for virtually anything, usually without knowing that you were doing anything wrong.

    Then there’s paperwork. If you have a couple of daughters with college funds in the stock market, annually you have to fill out three sets of federal taxes, three sets of state, and file four state and four federal estimated tax forms, per person, for a total of twenty-four. This doesn’t include personal property taxes for the country, business licenses, tangible business-assets forms, and so on.

    Now, I’m not suggesting that all these laws are bad. Stupid, frequently, but evil, no. Stopping at traffic lights is probably a good idea, and certainly is if I’m crossing the street. But the laws never end. Bring a doughnut on the subway, and you get arrested. Don’t replace your windows without permission in writing from the condo association. Nothing is too trivial to be regulated. Nothing is not some government’s business.

    I wonder whether the habit of constant obedience to infinitely numerous rules doesn’t inculcate a tendency to obey any rule at all. By having every aspect of one’s life regulated in detail, does one not become accustomed to detailed regulation? That is, detailed obedience?

    For many it may be hard to remember freer times. Yet they existed. In 1964, when I graduated from high school in rural Virginia, there were speed limits, but nobody much enforced them, or much obeyed them. If you wanted to fish, you needed a pole, not a license. You fished where you wanted, not in designated fishing zones. If you wanted to carry your rifle to the bean field to shoot whistle pigs, you just did it. You didn’t need a license and nobody got upset.

    To buy a shotgun in the country store, you needed money, not a background check, waiting period, proof of age, certificate of training, and a registration form. If your tail light burned out, then you only had one tail light. If you wanted to park on a back road with your girl friend, the cops, all both of them, didn’t care. If you wanted to swim in the creek, you didn’t need a Coast Guard approved life jacket.

    It felt different. You lived in the world as you found it, and behaved because you were supposed to, but you didn’t feel as though you were in a white-collar prison. And if anybody had asked us, we would have said that the freedom was worth more to us than any slightly greater protection against rabies, thank you. Which nobody ever got anyway.

    Today, the Mommy State never leaves off protecting us from things I’d just as soon not be protected from. We must wear a helmet on a motorcycle: Kevorkian can kill us, but we cannot kill ourselves. Why is it Mommy

    1. Re:Perfect Place to Post This by ericrost · · Score: 2, Interesting

      I know I shouldn't, but:

      The condo stuff you mention is because you didn't read the contract you were signing. I own my home and the ground its on so I can do what I damn well please. Pet regulations aren't just for rabies, they are humanitarian so we don't have streets teeming with unvaccinated starving wild dogs and feral cats like Calcutta. Car insurance is so you don't get hit by a deadbeat who won't pay to fix your car, and is a common protection. Emissions tests are really only in California so you give yourself away as being against liberalism simply to be contrary since you have the choice to live where you will, but then you wouldn't have anything to bitch about, no? Your tax info is just wrong. You have to file one return for State (that includes your whole family), one for Federal, and possibly a local/COUNTY (not country you stupid non-english speaking copypasta) return. Airline security is theater to make sure people don't stop (as I have) using the air transit system since there is little to no REAL security involved in the system. Helmet/seatbelt laws are mainly there to stem the tide of braindead (literally) idiots who we pay to keep housed and fed since they turned themselves into drooling idiots and the government is left with their care when their broke white-trash families can't afford to pay after paying for all the chrome and noise. Mind you I ride, I ride safely, and I wouldn't think about getting onto a road with a bunch of cagers without a lid on.

    2. Re:Perfect Place to Post This by Beardo+the+Bearded · · Score: 1

      So what you're saying is that rabid adherence to a particular ideology is ridiculous, and instead, a combination of the better ideas of a series of ideologies would create a better system and one that provides a balance of positive benefits for all members involved?

      In other words, we can find a balance between anarchy and fascism that provides a symbiotic relationship at the peak of some kind of curve.

      "Cagers" is cute. I call them "four-wheels".

      --

      ---
      ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
    3. Re:Perfect Place to Post This by cmiller173 · · Score: 1

      ...Your tax info is just wrong. You have to file one return for State (that includes your whole family), one for Federal, and possibly a local/COUNTY

      If your (presumably teenage) child makes above a certain relatively low threshold they have to file a separate return, Federal, State, and maybe local although I've never lived anywhere that was the case I can't say that there is nowhere that is the case.

    4. Re:Perfect Place to Post This by eiMichael · · Score: 1

      I own my home and the ground its on so I can do what I damn well please.

      Not if your country has an eminent domain law/policy in place. Also, zoning ordinances or equivalent prevent you from performing certain acts on your property (not to mention the laws of your area, I doubt you could grow marijuana for instance).

      If these don't apply to your property then I believe the freedom loving /. crowd would love to hear of such a promised land.

    5. Re:Perfect Place to Post This by GameMaster · · Score: 4, Insightful

      Much of what you said is wrong, even if I don't, necessarily agree with the OP's rabid rant.

      "I own my home and the ground its on so I can do what I damn well please."

      This depends, entirely, on where in the US you live. Many, many parts of this country (especially in and around cities) have zoning laws that restrict what you can and can't do on your land (examples: no cars on blocks, no loud noises at all hours, building size limited based on lot size, zoning board final approval over what you want to build, etc.). You can get away from much of this by living way out in the country, but even that isn't a gaurantee. Then (as mentioned by someone else in this thread) there are eminent domain laws which say that the government can take your land at any time as long as they pay you for it. You may not like it, but they are the law.

      "Pet regulations aren't just for rabies, they are humanitarian so we don't have streets teeming with unvaccinated starving wild dogs and feral cats like Calcutta. Car insurance is so you don't get hit by a deadbeat who won't pay to fix your car, and is a common protection."

      both true enough.

      "Emissions tests are really only in California so you give yourself away as being against liberalism simply to be contrary since you have the choice to live where you will, but then you wouldn't have anything to bitch about, no?"

      Thanks, I'll have to remember to let them know that the next time the state of Illinois tries to fine me for not bothering to submit to their mandatory emissions checks. Also, someone should write a letter to the New York State DMV to let then know about the typo on their website where it says "All vehicles registered in New York State must get a safety inspection and an emissions inspection every 12 months. " (http://www.nydmv.state.ny.us/vehsafe.htm). Let's see, that's two examples of you being, outright, wrong in your facts (representing, might I add, a very large portion of the population and, by extrapolation, a large portion of this country's economic opportunity with which to support yourself and your family). How much you wanna bet we can find more if we look?

      This, of course, brings us to the sheer BS of your basic premise of "you have the choice to live where you will, but then you wouldn't have anything to bitch about, no?". We all live in what I like to call "the real world". Of course it's possible to move if you don't like your states laws, but in the "real world" moving is often a harsh economic/social hardship on you and your family especially if you happen to own you house outright like you just got done advocating in your previous sentence. I think it's, more than a little, condescending to try and write off his argument with that kind of, flippant, response.

      "Your tax info is just wrong. You have to file one return for State (that includes your whole family), one for Federal, and possibly a local/COUNTY"

      That's only true if you are either young (and don't have all the complications of a full family and investment portfolio) and/or are willing to pay much more in taxes than the system is designed to charge you. When you start to have kids, houses/condos, investments, businesses, you start to have to file multiple extra tax forms at the state and federal level to declare everything and (more commonly) to claim tax credits/deductions. Before you start going on about how no-one if forcing him/her to claim all the credits/deductions, remember that the tax rate is calculated assuming that the people eligible for those credits/deductions will claim them. Without them, a person will be subjected to much higher taxes than they are supposed to (I'm talking about people who, honestly, have a claim to them, not to people that game the system to claim credits/deductions they don't, really, deserve). US taxes are not the simple, one form per government level, system you are trying to claim they are.

      "Airline security is theater to make sure people don't stop (as I have) using the

      --

      Rules of Conduct:
      #1 - The DM is always right.
      #2 - If the DM is wrong, see rule #1
    6. Re:Perfect Place to Post This by MBGMorden · · Score: 2, Informative

      Absolutely right. County-wide ordinances here pretty specifically define things you can and can't do on your own property. Aside from the obvious things like not being able to open a business on your own property if it's zoned as residential, there's other things. Unless it's licensed as a junk yard you can not house "abandoned vehicles" - with abandoned vehicles literally defined as anything without a plate and taxes being paid.

      Even out in the rural areas you have to keep your grass cut to a certain level. There are noise ordinances (again, even if there's no house within miles) that specify how loud your property can be (either from things like music/partying or from heavy equipment - we actually ticket industrial factories on the noise ordinance more often than private residences). You also can't keep farm animals, even as pets, in certain zones. Wanna live in an RV for a while? Aside from mobile homes (of the large variety), RV's and "camper trailers" are not to be used as permanent dwellings - neither are boats (no matter how large or equipped they are).

      In today's society it's absolutely not the case anymore that you can do as you wish on your own property. Personally I see that as a negative, but it's the point we've come to. There are other negative things that I care more about that I'd rather work on fixing than this that's pretty low down on my list (and since I work for the local government supporting the systems that help enforce this is what keeps my paycheck coming in).

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    7. Re:Perfect Place to Post This by plague3106 · · Score: 1

      I own my home and the ground its on so I can do what I damn well please.

      Ha, ya right. Try painting your house a different color on the outside without a permit and see where that gets you. Or widening your driveway. Or install fencing. Or lighting. Or even remodel your kitchen.

      Pet regulations aren't just for rabies, they are humanitarian so we don't have streets teeming with unvaccinated starving wild dogs and feral cats like Calcutta.

      Well, be definition, someone owning a pet isn't letting it roam arojnd the streets unvaccinated. Oh, and we still have feral cats and dogs running around, even with your regulations. Tell me, what purpose is being served by having to register a dog to the tune of $70 / year? To make sure you'll be able to take care of it? To make sure you don't have too many living in a small space? Personally if that's the reason, I think we should be focusing on licensing having children before we worry about pets.

      Car insurance is so you don't get hit by a deadbeat who won't pay to fix your car, and is a common protection.

      Actually its so your medical bills get paid, you're still on the hook for repairing your own car if the other guy and you don't have collision coverage. And in most states, the only mandated coverage is liability (to cover medical expenses). Most of the rest of traffic law is to serve as a form of revenue (red light cameras, for example).

      Emissions tests are really only in California so you give yourself away as being against liberalism simply to be contrary since you have the choice to live where you will, but then you wouldn't have anything to bitch about, no?

      PA and NY have emissions tests as well. Also, I believe FL does, but I'm not sure.

      You have to file one return for State (that includes your whole family), one for Federal, and possibly a local/COUNTY (not country you stupid non-english speaking copypasta) return.

      Its not the number of returns, its the number of forms. God help you if you own a business.

      Airline security is theater to make sure people don't stop (as I have) using the air transit system since there is little to no REAL security involved in the system.

      In other words, its there to try to placate the other mindless retards who have an irrational fear that they'll be aboard a plane that's highjacked. Anyone seriously in fear of that is retarded, and you have a better chance of being hit by lightning.

      Helmet/seatbelt laws are mainly there to stem the tide of braindead (literally) idiots who we pay to keep housed and fed since they turned themselves into drooling idiots and the government is left with their care when their broke white-trash families can't afford to pay after paying for all the chrome and noise.

      Easy fix; stop paying, and let the drooling idiots die. THAT would fix the issue and be a HELL of a lot cheaper than your notion we should have laws (which BTW are ther eonly to generate revenue for the local government. As demonstrated time and again, when you say the local gov's can't keep the money from the ticket after maintence fees are removed, enforcement disappears. I believe that's what happened in SC, when locales were allowed to keep only the money to keep redlight cameras going, and the rest had to go to the states education fund. What happened? They shut the cameras down, stating very clearly it wsa never about safety to begin with).

      Mind you I ride, I ride safely, and I wouldn't think about getting onto a road with a bunch of cagers without a lid on.

      This is especially amusing, since you're more likely to die riding than flying a plane everywhere. Who are you calling drooling idiots again?

    8. Re:Perfect Place to Post This by Zerth · · Score: 1

      If the return on their college fund isn't otherwise exempt, $900/year.

      If it is under ~9,000 you can add it to some subform for your return, but you'll probably pay less if you file separately, though.

    9. Re:Perfect Place to Post This by Anonymous Coward · · Score: 0

      I know I shouldn't, but:

      The condo stuff you mention is because you didn't read the contract you were signing. I own my home and the ground its on so I can do what I damn well please. Pet regulations aren't just for rabies, they are humanitarian so we don't have streets teeming with unvaccinated starving wild dogs and feral cats like Calcutta. Car insurance is so you don't get hit by a deadbeat who won't pay to fix your car, and is a common protection. Emissions tests are really only in California so you give yourself away as being against liberalism simply to be contrary since you have the choice to live where you will, but then you wouldn't have anything to bitch about, no? Your tax info is just wrong. You have to file one return for State (that includes your whole family), one for Federal, and possibly a local/COUNTY (not country you stupid non-english speaking copypasta) return. Airline security is theater to make sure people don't stop (as I have) using the air transit system since there is little to no REAL security involved in the system. Helmet/seatbelt laws are mainly there to stem the tide of braindead (literally) idiots who we pay to keep housed and fed since they turned themselves into drooling idiots and the government is left with their care when their broke white-trash families can't afford to pay after paying for all the chrome and noise. Mind you I ride, I ride safely, and I wouldn't think about getting onto a road with a bunch of cagers without a lid on.

      Way to miss the real point, which was that the regulation of minutia amounts to obedience training and that cultivating that much ready obedience leaves us vulnerable to a totalitarian state. It is understood that the regulation of minutia always has some justification to someone, otherwise it would not have become law. So you missed the actual value of the piece, the point for which it was written, and decided to throw in your $0.02 concerning its most frivolous elements. That's a bit like rejecting a book, declaring all of its premises, arguments, and conclusions to be false, and saying that the author is an idiot, because they printed it in a font that you find distasteful.

      When you said "I know I shouldn't" you were damned right. Everything you said could be 100% true and that wouldn't make the USA any less vulnerable to a totalitarian state. That nagging "hmm maybe I shouldn't" is rooted in the fact that you could have realized this on your own.

    10. Re:Perfect Place to Post This by Anonymous Coward · · Score: 0

      Look up the article in on ajc.com re: farm animals / rezoning. An individual owned a large piece of property (zoned agricultural) and wanted to have it rezoned for single-family residences (but much smaller lots than the neighbors). when they opposed his rezoning request, he put up fencing and proceeded to buy livestock (goats, sheep, pigs, etc) and there was nothing his neighbors could do about it because they had already refused to let hime rezone away from agricultural. it was very humourous. It's almost as as good as the sub-division that was built around Braseton, GA. In the disclosure forms, it was plainly stated that the property on the other side of the fence belonged to a 'sportsmans gun club' (can you say high-caliber rapid-fire?). Since it was on the same paperwork that detailed tax districts, school districts, water/sewer providers, electricity providers, I don't recall the gun club having to shut down.

    11. Re:Perfect Place to Post This by ericrost · · Score: 1

      Bullshit buddy, I live in Illinois. Chicago may have a city test, but its not statewide.

    12. Re:Perfect Place to Post This by ericrost · · Score: 1

      I said one return not one form. I deduct my house, my student loans, etc. Its still one federal RETURN.

    13. Re:Perfect Place to Post This by GameMaster · · Score: 1

      This is pretty old, but I'll reply to it anyway.

      http://www.epa.state.il.us/air/vim/

      That says state of Illinois, not city of Chicago. Not sure why you don't know about it.

      --

      Rules of Conduct:
      #1 - The DM is always right.
      #2 - If the DM is wrong, see rule #1
  18. Hey, good news for the little guy! by zmollusc · · Score: 4, Interesting

    The little guy who sells bootleg dvds in order to support terrorism. Damn pirate bay have been cutting into his profits.

    --
    They whose government reduces their essential liberties for temporary security, receive neither liberty nor security.
    1. Re:Hey, good news for the little guy! by serveto · · Score: 1

      Wish I had mod points because you've highlighted the people who will benefit.

  19. Equal Enforcement? by r_jensen11 · · Score: 2, Insightful

    Just for curiosity's sake, could we ensure the following if these laws get passed?

    Company A becomes convicted of copyright infringement 3 times
    Company A loses permanent access to the internet

    I'm sure that Time Warner, Sony, et. al. have all been convicted of copyright infringement at least 3 times. Can we have their access to the internet permanently revoked?

    1. Re:Equal Enforcement? by mcatrage · · Score: 1

      Seeing as companies have the same rights as people I don't see why that couldn't be possible.

    2. Re:Equal Enforcement? by Jesus_666 · · Score: 1

      I still think we should apply regular law to companies. Jail term? We just downgrade the time units one step (years -> months -> weeks -> days) and disallow them from doing any business during that time. Suddenly we have a deterrent against them. Life sentence/life jail term? Break them up as per antitrust laws or (if that isn't possible) have their assets auctioned off. Community service? Something like forcing them to offer free service for the specified tome or something.

      And, of course, three copyright violations mean no internet anymore (one could allow them an internet presence if it's run by a third party and doesn't allow the visitor to do business with them). They can still use snail mail, fax and telephone. Or, more likely, lobby for a law change. (Unfortunately, the law they'd lobby against wouldn't be the three strikes law.)

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    3. Re:Equal Enforcement? by SplashMyBandit · · Score: 1

      Here's a thought. I wonder if companies such as Microsoft that know if someone is using pirated versions of their software are required to report the copyright abuse. Surely if ISPs are liable then Microsoft ought to be too instead of tolerating breach of their own copyright (they don't waive the copyright, they still prosecute those they can be bothered to). Would be a colossal win for Free Software if Microsoft was compelled to report copyright infringement of their software or be liable. In fact, I think the Free Software movement should write an application to detect pirated closed-source software. That'd spur the movement to Free Software for those who say proprietary is better yet never actually pay for it. There are a few folks I know who prefer Windows to Linux yet run pirated versions of the former (and associated software) because they don't want to pay for it. Time they were made to obey the license terms, then the true economics of the situation would be revealed.

    4. Re:Equal Enforcement? by Late+Adopter · · Score: 1

      Unlike natural persons, there's nothing that stops a company from shifting everything that makes them who they are into a different company. CEOs can jump ship, subsidiaries can be spun off, assets can be transfered, etc, leaving only a shell to answer for the liabilities, and eventually collapse under its own weight. The analogy of corporations to people only makes sense in limited circumstances.

    5. Re:Equal Enforcement? by Anonymous Coward · · Score: 0

      No. Laws are for commoners, not for the nobility.

    6. Re:Equal Enforcement? by schon · · Score: 2, Insightful

      Just for curiosity's sake, could we ensure the following if these laws get passed?

      Company A becomes convicted of copyright infringement 3 times
      Company A loses permanent access to the internet

      Why on earth would you want to do that? Why give corporations benefits that individuals don't get?

      Remember - the three strikes makes no mention of conviction - they want you to be cut off based on accusation. The entire point is to skip the courts and due process.

    7. Re:Equal Enforcement? by SirWhoopass · · Score: 1

      I assume this means you are willing to work for free (during the jail and community service portions of your proposal) because your co-worked did something illegal? After all, you are part of the company as well.

    8. Re:Equal Enforcement? by Anonymous Coward · · Score: 0

      Convicted? Who said anything about being convicted? The "3 strikes" name is designed to conjure up notions of conviction as it was originally used as a name for 3 convictions equal harshest penalty legislation.

      However now it means 3 accusations.

      In answer to your question however: No, big multinationals will never be subject to any copyright punishment designed to police individuals. Not unless they really piss off the MAFIAA and their own cartel cant protect them from it. There is no equal enforcement in corporate law buying.

    9. Re:Equal Enforcement? by Jesus_666 · · Score: 1

      Good point. There should be legal defenses a company can take (like proving - not just stating! - that the company's leadership was not involved with the decision*) and individual workers should be protected (e.g. by company "jail time" being treated as paid vacation** with rules against just firing people or subtracting the "jail time" from their vacation time). Also, the courts should of course apply the laws as appropriate, perhaps leaning towards relatively mild sentences and only using capital punishment in the most severe of cases - putting the company out of business is not the goal.

      One could also implement corporate jail time as the corporation not being able to make any money, with all of their revenues being seized. But that deviates from how it usually goes and is essentially the same as a fine - especially as I'd propose fines based on daily income (a rough equivalent is already used for regular fines in Germany and Switzerland). Twenty million Dollars don't hurt Microsoft much; twenty times their daily income does.

      And, of course, it should only apply to companies that are a legal entity - corporations. Regular companies don't have the rights of a legal entity so they wouldn't get the same kind of punishment. But hey, corporations are there so that individual people inside are shielded from the law. I don't see why the company as a whole should also be - fines usually aren't much of a deterrent as the company can easily pay them. Forcing them (through enforced inactivity) to delay their product launch until after Christmas, for example, would hurt a lot. And suddenly we not only have a deterrent against bad behavior, the shareholders would also make sure that "their" corporation behaves - because they'd lose a lot of money if it doesn't.

      Yeah, a long "jail term" followed by a shareholder lawsuit could still end up as a one-two punch that kills a company but then again - if a corporation gets shut down for, say, one year that's the equivalent of a twelve-year prison term. If a corporation gets split up that's the equivalent of capital punishment (and couldn't possibly happen in Europe). They'd have to do some serious evil to get there. I'd expect a few two- or three month terms before the corporations wisen up and cut down on crime (and commit their remaining crimes in secret).


      * Before anyone calls this "guilty before proven innocent": Of course the punishment would still hinge on the company being found guilty. If the court finds that no one needs to be punished it doesn't matter who doesn't get punished. In fact, it's explicitly an implementation of "innocent until proven guilts" applied to the scapegoat.
      ** Exceptions could be made for workers who are required to periodically do things in order to keep the company infrastructure from failing - or for the janitor. But even there the workload should be reduced as appropriate and they wouldn't be allowed to use those workers to generate additional revenue.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    10. Re:Equal Enforcement? by Anonymous Coward · · Score: 0

      Correction: not "convicted of copyright infringement", but ACCUSED of copyright infringement.

      Read the docs. You don't have to be convicted, just accused.

      Yep, that's scary.

  20. left/right by Anonymous Coward · · Score: 0

    There are no far rightists or far leftists. Adopting political ideologies is just for people who don't want to raise money. If you want to be able to afford to run campaign ads, then the first thing you do is forget all that left/right stuff and just do whatever the corporations pay you to do.

  21. you are correct by circletimessquare · · Score: 1

    to point out that their INTENT is malicious and requires vocal opposition

    but i am merely pointing out that regardless of their intent, they can have no real world effect

    the intent of an ant might be to eat you, but who cares: its just an ant

    governments do plenty of vile things in this world. however, in this specific arena, they are paper tigers: all bark and no bite. it is in fact a chance to laugh at their absurdity and make fun of their ineffectualness. of all the evils they could be fighting: corporate nepotism, for example, they instead decide to focus their energies on cutting off a common citizen's internet access for the horrid crime of downloading a movie. a download that does not represent lost business, a download that represents the future of media distribution: media free, ancillary revenue streams the only source of profits for the artist, NO DISTRIBUTOR NEEDED

    these are clueless old fools distressed at the death of a cash cow who think that the pre-internet media distribution model deserves defending, or could even be propped up. the future of distribution companies is hype and promotion for pop media, a business perhaps 1/100th or 1/1,000th of their previious market capitalization. oh well, who fucking cares, good riddance dinosaurs

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:you are correct by Anonymous Coward · · Score: 0

      You miss the point. It has no real effect on the target. It has plenty of effect on the freedom of speech. Our rights always seem to be collateral damage when there's money to be had, be it funding for more intrusive government (War on Drugs, "Security", etc...) or defending outdated business models on behalf of the (temporarily still) wealthy...

    2. Re:you are correct by Anonymous Coward · · Score: 0

      AMEN.

  22. Free Software implications... by Anonymous Coward · · Score: 0

    All these comments and nobody even mentions Free Software? I guess slashdot is indeed visited by too many windoze lusers...

    Read and learn http://www.fsf.org/campaigns/acta/

    1. Re:Free Software implications... by paulsnx2 · · Score: 1

      Free software will not be impacted by the ACTA as these are legal downloads. In other news, all other legal content downloaded will likewise avoid any impact from the ACTA outside of the all so predictable bogus take down notices....

    2. Re:Free Software implications... by Anonymous Coward · · Score: 0

      How can you say that? The leaked snippets have suggested attacks on peer-to-peer protocols, the main distribution channel of Free Software. Since the text of the agreement is secret, nobody knows for sure except for some lobbyists.

    3. Re:Free Software implications... by BlueStrat · · Score: 1

      Free software will not be impacted by the ACTA as these are legal downloads. In other news, all other legal content downloaded will likewise avoid any impact from the ACTA outside of the all so predictable bogus take down notices....

      In this scenario, it might work out that ISPs and consumers adopt a "default-deny" in the distribution of movies, music, and software due to the legal penalties and difficulties/costs involved within the regulation. Proprietary OS's and applications will likely include some form of automatic permission/license term checking. This will put a huge handicap on "free" content and software, as there will be no free inclusion of licensing/permission on the "official" authentication servers.

      I can also imagine that this would be in addition to having to, in the case of FOSS, obtaining legal licensing permissions from every single developer that contributed code to the satisfaction of whatever bureaucracy is placed in charge of overseeing the system. It could effectively make the cost and complication of legally distributing FOSS and "free" content unmanageable for many, if not most.

      This would also greatly benefit governments and politicians. For instance, say there's an election going on, and you've come across damning evidence against the party/politician in power/office, and you want to disseminate that information in a timely manner before the election. Oops, sorry! There's been a delay in the paperwork giving you permission to distribute. Corrupt party/politician gets re-elected, evidence is destroyed/covered up in the meantime, and you are personally smeared/discredited/destroyed.

      Just something else to think about.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  23. 3 strikes? by andy1307 · · Score: 2, Interesting

    Thank god they're following baseball rules. It could have been worse. It could have been cricket.

    1. Re:3 strikes? by mrsurb · · Score: 1

      At least in cricket there are neutral umpires and a referral system for appeals.

    2. Re:3 strikes? by Anonymous Coward · · Score: 0

      Oh, right, Cricket. Marvelous game, really. You see, the bowler hurls the ball toward the batter who tries to play away a fine leg. He endeavors to score by dashing between the creases, provided the wicket keeper hasn't whipped his bails off, of course.

    3. Re:3 strikes? by Anonymous Coward · · Score: 0

      I'm an American, explain please?

    4. Re:3 strikes? by argent · · Score: 2, Funny

      OK, you know how nobody understands the Infield Fly Rule in Baseball?

      Imagine a game where all the rules are like that.

    5. Re:3 strikes? by Anonymous Coward · · Score: 0

      Cricket, is the great definer of civilisation.

      Only test playing nations can be regrded as civilised.

      Of course, because cricket requires intelligence, patience and understanding, the US does not play.

  24. America's Last Hope by boudie2 · · Score: 0

    It seems when the only thing of value that the U.S. can produce is Britney Spears and her ilk, you've got to protect that to the fullest extent of the law. And if that doesn't work make some new laws. What the U.S. should be working on is a new business model. Three strikes and you're out. Nice analogy, another crooked game.

  25. yes by circletimessquare · · Score: 3, Interesting

    your random grandmother or soccer mom will lose their internet access for what leachers on their insecured wifi do or what their children's friends do

    and all the while the real action will move further underground, further encrypted, steganographed, obfuscated, made sparse, and otherwise evolved to be more and more resistant to any sort of inspection, interception or even tracking

    thank you, governments of the "free" west, for breeding the ultimate untraceable file sharing network due to your overzealous protection of your corporate executive friends in dead media industries. fucking blind fools

    it does you no good, assholes, to be the losers in the game of technological progress, and not even know it

    one should know when they are defeated

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  26. Easy as 1, 2, 3. by Anonymous Coward · · Score: 0

    1.)Boycot all copyrighted music, film, television.
    2.)Teach the next generation that pop culture is for morons.
    3.)Make your own entertainment for entertainment's sake-- freely.

  27. I'm a copyright holder by KitsuneSoftware · · Score: 5, Interesting

    As a self-employed game developer, I own the copyright on all the stuff I sell. While I can recognise the need for a unified global copyright system (and unified global laws on sales and export/import tax), my sales model assumes I can sell any given product for 10 years, and I would be perfectly happy if copyright durations were reduced to that. That said, 10 years may well be optimistic, and I doubt I would have any problems if it was reduced to 5 years. Anyone in a who must make their money back quickly is in the same boat — the rest of the profits are just "keeping score".

    From what I've seen, this treaty is not going to make the world a better place, it's going to make it worse, especially given how little most people know about IP law (patent != copyright != trademark != database right != industrial design right != geographical indication != trade secret). Short duration IP-monopoly-rights are non-issues for rapidly moving industries, and shorter durations make it easier to move faster.

    1. Re:I'm a copyright holder by mpe · · Score: 1

      As a self-employed game developer, I own the copyright on all the stuff I sell. While I can recognise the need for a unified global copyright system (and unified global laws on sales and export/import tax),

      One thing that the entertainments industry appears very much against is a unified global market, however.

      my sales model assumes I can sell any given product for 10 years, and I would be perfectly happy if copyright durations were reduced to that. That said, 10 years may well be optimistic, and I doubt I would have any problems if it was reduced to 5 years.

      Possibly starting the "clock" with first publication/sale.

      Short duration IP-monopoly-rights are non-issues for rapidly moving industries, and shorter durations make it easier to move faster.

      Indeed they might well encourage it to move faster. Since even a highly sucessful thing isn't going to be worth anything for very long. Even disregarding the effects of changes in fashions...

  28. Good luck with that by agoliveira · · Score: 1

    There will always be places that will say "no thanks" to this kind of stupidity for several rerasons:

    1) They have some sense (rare but possible)
    2) They don't like US.
    3) Their laws wouldn't allow
    4) Their Constitution wouldn't allow.
    5) They don't want outsiders telling them how to do things specially if they can't do themselves.
    6) All of above? :)

    --
    Scientia est Potentia
    1. Re:Good luck with that by sconeu · · Score: 1

      4) Their Constitution wouldn't allow.

      And yet the US pushes this anyway.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    2. Re:Good luck with that by anonieuweling · · Score: 1

      Dream on. Those places will be few. They will be pressured into complying. WTO? Worldbank? UN? Who controls those?

    3. Re:Good luck with that by Gilandune · · Score: 1

      Not the US if that's what you're thinking. The US just ignores/bypasses the UN whenever they feel like it... As for WTO, etc...those organisms can and will rule against the US. theres other ways to pressure countries into doing as the US wishes that involve nothing but economic muscle.

  29. My company really needs to change its name... by Anonymous Coward · · Score: 0

    I work for DMCA, Inc. We supply and install commercial floor coverings. When I see news stories like this it just makes me cringe and wonder if there are geeky facilities managers out there that don't want to hire us because of the name.

  30. The US Global Police shoudl not shit in their own by Anonymous Coward · · Score: 0

    Fuck you US. Christ its not enough to control despots, finance, global policing.

    Now you want to make Europe and everyone else conform to how YOU see the world.

    This is the sort of stuff that mad everyone really not give a shit when your ecconomy collapsed. Dont shit in your own backyard, OR any one elses.

  31. Evidence by locallyunscene · · Score: 1

    So I RTFA and read the source linked in TFA and something isn't matching up. He's inferring an awful lot from an awful little. Is there a (semi-reputable leaked)copy of the orig document floating around that he is basing some of these claims on? Because the EU Summary is very vague and doesn't necessarily lead to the harshness of the provisions he's outlining. I'm not saying his interpretation is in any way not sound, but it also seems to be the extreme end of things.

  32. Assurance contracts by tepples · · Score: 4, Interesting

    Describe a credible system in which anyone can copy anything without restriction but there is still sufficient incentive for people to produce and share high quality work in the first place

    Assurance contracts. The author specifies a bounty amount, fans pledge money, and if the sum of pledges meets the bounty amount, the author is contractually bound to publish the work under a free license.

    1. Re:Assurance contracts by Anonymous+Brave+Guy · · Score: 3, Insightful

      This idea is a common proposal in these discussions, so let me ask you a few basic questions about it.

      Most obviously, how does a new artist get started this way, when he doesn't have any fans yet? Are consumers expected to start pledging to random people on the off-chance that they produce a good result? There is nothing to stop someone adopting this approach today. How many artists have successfully started a career by doing so?

      The copyright system lets an artist who thinks they can make a good product do so, and if the product turns out to be good it can be its own recommendation. The artist bears the risk rather than the consumer base, and the artist can reap rewards proportionate to how many people benefit from their work and how much value those people perceive the work to have. (I appreciate that in reality Big Media get in the way of this, and I have no problem with changing the copyright structure to keep the rights with the artists and other creative people where they belong, but this does not undermine the fundamental idea behind copyright.)

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    2. Re:Assurance contracts by FatSean · · Score: 1

      Let's see some copyright reform that benefits the small guy. Until then, I remain civilly disobedient.

      --
      Blar.
    3. Re:Assurance contracts by tepples · · Score: 2, Interesting

      Most obviously, how does a new artist get started this way

      By publishing a free debut EP.

    4. Re:Assurance contracts by Anonymous+Brave+Guy · · Score: 2, Insightful

      Until then, I remain civilly disobedient.

      Do you? Civil disobedience involves publicly breaking the law and accepting the consequences. The key point there is the "accepting the consequences" part. Are you making a show of infringing copyright and accepting the full consequences of the law to make your point?

      Because if you're knowingly breaking the law without that, it's not civil disobedience, it's just illegal.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    5. Re:Assurance contracts by IICV · · Score: 1

      Most obviously, how does a new artist get started this way, when he doesn't have any fans yet? Are consumers expected to start pledging to random people on the off-chance that they produce a good result? There is nothing to stop someone adopting this approach today. How many artists have successfully started a career by doing so?

      How does Costco get you to try food you otherwise might not? Free samples. You pledge to someone because you like the free stuff they've put on their website already, and you want to see more of it.

    6. Re:Assurance contracts by mdwh2 · · Score: 1

      Most obviously, how does a new artist get started this way, when he doesn't have any fans yet? Are consumers expected to start pledging to random people on the off-chance that they produce a good result?

      Okay, under the current copyright system, how does a new artist get started this way, when he doesn't have any fans yet? Are consumers expected to start paying money to random people on the off-chance that they produce a good result?

      (I have no problem with some form of copyright law, albeit it with reform, but I'm curious to your answer here.)

    7. Re:Assurance contracts by WNight · · Score: 3, Insightful

      Bullshit. That's how you'd like to see it done, but any disobedience to civil authority is civil disobedience.

      The type where you leave your name is the worthless kind, because they break your fingers.

    8. Re:Assurance contracts by bersl2 · · Score: 2, Insightful

      Most obviously, how does a new artist get started this way, when he doesn't have any fans yet? Are consumers expected to start pledging to random people on the off-chance that they produce a good result? There is nothing to stop someone adopting this approach today. How many artists have successfully started a career by doing so?

      You don't start off a career that way. You start by loving your art and marketing yourself for free. Then you might want to consider doing some commission work. Only then do you start considering the kind of contract that the GP proposes here (and I have from time to time proposed for years).

      I've seen artists rise through the ranks this way (only that currently, the artists use more traditional business models at the top). It happens often enough in the community in which I observe that I think it scalable to other communities of artists which are geographically scattered.

    9. Re:Assurance contracts by Anonymous Coward · · Score: 0

      Assurance contracts closely resemble how some artists (the drawing kind) get their funding: have a body of free works available on their site that exemplify their skills, then accept commissions for further works by one or more people. IANAA so I can't speak to its efficacy, but it seems to do better than donations from what I've seen. These works, however, take considerably less up-front investment to make when compared to (say) the latest billion-dollar blockbuster.

      At the same time, billion-dollar blockbusters continue to be made in the face of the internet's helpful remote-backup system, so it would seem that having some physical venue (e.g., theaters) where you can charge for seats and eyeballs works much better than some arbitrarily-long-lasting right to copy at producing a profit.

    10. Re:Assurance contracts by Anonymous+Brave+Guy · · Score: 0

      With copyright, there is a motivation for investors who think they have good judgement of likely success to back a new artist, for example by arranging advertising for providing a cash advance set against any future earnings. They do this in the expectation that they will make a net positive return on their investments, winning more often than not, because they are good judges of what the market wants.

      We tend to be critical of "middleman" organisations like publishers and record labels for their abuses of copyright, and I certainly would support reforms that shifted power back firmly toward the artists, but in this respect these organisations do serve a useful purpose.

      Without copyright (or some other system to replace it) there is no such incentive, because as soon as the artist's work is out there is no longer any expectation of income for an investor.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    11. Re:Assurance contracts by Mr2001 · · Score: 1

      Most obviously, how does a new artist get started this way, when he doesn't have any fans yet?

      The same way anyone else gets started in a market where they have no established reputation: by charging less than established players, and/or demonstrating their skill for free (which most graphic artists already do with their portfolios).

      The artist bears the risk rather than the consumer base, and the artist can reap rewards proportionate to how many people benefit from their work and how much value those people perceive the work to have.

      Most people reap rewards proportionate to the value of the labor they perform (and that includes labor whose "true value" isn't known until after it's performed - you just estimate the value up front, or offer a low base rate with bonuses for quality work). Why do artists need an entirely different system of compensation?

      --
      Visual IRC: Fast. Powerful. Free.
    12. Re:Assurance contracts by Anonymous Coward · · Score: 0

      On October 1st 2009 SellaBand launched a new model which gives artists total flexibility in their fan funding plan and does not take rights. Under the old model the funding was restricted for recording a album, revenue shares with believers was fixed and the total to be raised was set at either US$50,000 or US$100,000 with parts at $10. The new changes have seen established artists sign up as well as new artists who already have management or other representation.

    13. Re:Assurance contracts by swilver · · Score: 1

      Really... it is not up to us to solve this problem for "starting artists".

      We don't have to come up with a new model that works to justify taking a product for free that has essentially no value anymore. Infact, I will not even consider supporting a model that is based on "number of plays" or "number of sales". No-one is entitled to make money of a one-time effort in perpetuity.

      Copyright is one such model I will not support and is unsustainable in the long run. Our tools to ignore and circumvent it are only the very early stages of development. Here's a few things that will make it unsustainable:

      - Bandwidth and Compression will eventually outpace any advances made in higher quality video. It already outpaces music with no hope of recovery making a music download a thing that just takes mere seconds and that much harder to trace.

      - Related to bandwidth, as bandwidth increases, using onion style routing and encryption becomes practical. It already is practical for low bandwidth stuff like music.

      - Storage capacity. It is not inconceivable I can swap thumbsized memory cards containing all music released EVER with my friends in just a few years time.

      - Networks controlled by the community. We used to have this in the BBS days, and it will return if we're pushed hard enough in the form of WiFi style networks with a global reach, occasionally tunneling over the internet with heavy encryption.

      Let's not get into the issues of what it would take to police copyright infringement. The amount of invasion of privacy required would be unsustainable.

  33. MAFIAA owns the mainstream media by tepples · · Score: 3, Insightful

    I seriously doubt we'll here anything negative on the mainstream media about ACTA.

    I share this doubt. The only major TV news outlet that's not MAFIAA-owned is PBS. All the rest share a corporate parent with an MPAA member: NBC, CNBC, and MSNBC are with Universal Studios, ABC is with Disney, CBS is with Paramount in National Amusements, and Fox News is with 20th Century Fox in News Corp.

  34. Blame news media in bed with the MAFIAA by tepples · · Score: 3, Insightful

    Blame the corrupt entertainment industry that lobbies our lawmakers into betraying the very people who elected them.

    One can't get elected without the exposure that the news media offers. Look at how the press buried Ron Paul, for instance. I'd blame the lack of separation of news media and fictional entertainment: NBC, ABC, CBS, and Fox News are all owned by MPAA members.

  35. Christians who refuse to be chi-xi-stigmatized by tepples · · Score: 1

    It starts with RFID chips being implanted into everyone, which is then used only for convenience (like purchases) and then slowly becomes more and more integrated into everyday life.

    I can think of six hundred sixty-six reasons why an implanted charagma like that won't fly. When you get millions of Christians exercising their First Amendment right not to take the mark of the beast, a parallel underground economy will flourish. The IRS does not want that.

    1. Re:Christians who refuse to be chi-xi-stigmatized by Monkeedude1212 · · Score: 1

      But thats the beauty of it... It might not be forced... It will be trendy... Think about it...

      The new iDentifier 3GS now works in more locations.

    2. Re:Christians who refuse to be chi-xi-stigmatized by Anonymous Coward · · Score: 0

      Well, at least those wavering masses of religious people would finally be useful for _something_.

  36. Bright Tunes Music v. Harrisongs Music by tepples · · Score: 1

    these clowns only help us to popularize the free-as-in-freedom art. I agree: let them pass more copyright laws if they so desire. Unlike with patents, nothing of value will be lost.

    It's a lot like patents. If the big music publisher can establish a coincidence between a song you wrote and a song that was on the radio in the past couple decades, the big music publisher can sue you and win. Bright Tunes Music v. Harrisongs Music.

  37. evil by anonieuweling · · Score: 1

    All of this the evil influence of the USA **AA lobbyists over the rest of the world.
    Although the US empire is faltering they still continue their evil agenda.
    We all know what the DMCA has brought to the world. Now it will be de-facto the same for the rest of the world outside the USA.
    Of course this is not done through a democratic process....

  38. agreed by circletimessquare · · Score: 1

    but media distributors have been imposing a tax on our cultural exchange between artist and consumer for a long time. before they were a necessary evil, now they are unnecessary

    so the point is not that you should be despondent over the loss of certain freedoms, but you should celebrate at the vast extension of freedom of expression, of cultural exchange, that the internet creates. of course the dinosaur will fight that, and in its death throes take out many innocents with the flinging of its tail

    but make no mistake: the dinosaur may be powerful, but it IS dying, most certainly

    too bad it doesn't know it has been made extinct

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  39. 17 USC 512(j)(1) by tepples · · Score: 1

    I know of no element of US law that supports the 3 strikes notion.

    Look at what 17 USC 512(j)(1) says about repeat infringers.

  40. Repeat infringer provision in USA copyright law by tepples · · Score: 1

    The US by no means has exclusive domain over this madness, the content industry exploits corruption wherever it is. Witness the 3-strikes law, which we don't even have yet in the US.

    It's not called three strikes, but see my other comment

    1. Re:Repeat infringer provision in USA copyright law by Late+Adopter · · Score: 1

      Repeat offender provisions are in many parts of the law, that's not what the discussion of "3-strikes" laws in IP is about. The problem is the lack of due process, the fact that judgments of guilt are declared and punishment is handed out without the involvement of a court of law.

    2. Re:Repeat infringer provision in USA copyright law by tepples · · Score: 1

      Get a district judge to rubber-stamp any takedown request that has reasonable evidence, and you maintain at least the appearance of due process.

    3. Re:Repeat infringer provision in USA copyright law by M-RES · · Score: 1

      Evidentiary in the name of the '3 strikes' provision is it's origin (at least in it's corporate form). I'm supposing the idea of '3 strikes' refers to baseball, which is only played in a couple of countries AFAIK. It's certainly not a game very much played around the rest of the world (US, Japan... anywhere else other than on US bases in other countries?)

      If it had been called 'caught and bowled', 'lbw' or other cricket reference then it would have been unmistakably British in origin. :D

  41. GNU Genuine Advantage? LOL. by tepples · · Score: 1

    In fact, I think the Free Software movement should write an application to detect pirated closed-source software.

    GNU Genuine Advantage? Sounds like a bad joke. No wait, it is.

  42. Re: Time to improve on TOR / Freenet by Abreu · · Score: 4, Insightful

    Now is the time to start financing the guys who work on the TOR and Freenet protocols

    --
    No sig for the moment.
  43. Yea. now. isnt he .... by unity100 · · Score: 1

    just like saying 'people like you are as much problem as those pesky aristocrats. you are unashamedly breaking the law, which makes you the poster boy for royalists when they are pushing for ever more extreme measures' in 1789 in france, where the most important humanitarian revolution of human history was happening, in order to create the framework of the modern society we live in.

    no. excuse me sir, but idiots like you are the real problem. you confer way too much importance to 'laws', and refrain from breaking them even if they are WRONG and UNJUST. even if not to give cause to the oppressors. therefore, the very oppressors who pass those laws and maintain them are able to maintain the status quo and resist justice.

    well done. revel in your passivism. its as if he wasnt a poster boy, they wouldnt push for those extreme measures anyway.

  44. Donationware. its that simple. by unity100 · · Score: 1

    Just as radiohead garnered more than 1 m in just a few hours, open source projects that are actually useful and revered by the public also gets donations to fuel their progress.

    its as simple is it gets. if what you do benefits me $1, i pay $1. if it benefits me $50, i may pay $32 because it is as much as i can pay. but, i pay.

    the current copyright and patent systems are however, are designed to monopolize an idea or a product, and push it from any price the monopolizer wants.

    there is nothing competitive or free in it. or just.

    i dont respect the laws that enforce an unjust system. doing so, is my basic human right.

  45. MOD PARENT INSIGHTFUL by unity100 · · Score: 1

    for i have already posted in this discussion and cant use my points.

  46. oh fuck off. by unity100 · · Score: 1

    the studio that produces a movie ALREADY makes profit most of the time in just the first day of screening of the movie. in a week, they go over 25% or 50% of their costs or more depending on the movie.

    why the FUCK they should be able to continually make more money on the SAME product, despite they made a product and sold it for up to 50% profits in the first week of its operation already ? why the fuck should i continue to pay to see the same movie, if its to be on dvd, online or whatever ?

    are car factories allowed to keep charging you on the car you buy ? every time ? without rendering you a new service/addition with it, or without giving you a new car ?

    explain me, why the FUCK should content industries should be slighted favorably in that regard. and why the fuck should production industries, who produce and sell products ONE TIME to a customer, should have to keep producing a product every time they need to make a sale ?

    please now, stage is yours ....

    1. Re:oh fuck off. by kevinNCSU · · Score: 1

      the studio that produces a movie ALREADY makes profit most of the time in just the first day of screening of the movie. in a week, they go over 25% or 50% of their costs or more depending on the movie.

      why the FUCK they should be able to continually make more money on the SAME product, despite they made a product and sold it for up to 50% profits in the first week of its operation already ? why the fuck should i continue to pay to see the same movie, if its to be on dvd, online or whatever ?

      So if I spend a year to produce a product and then make a monetary profit in the first week it goes on sale then my product should immediately become free and I shouldn't receive any more money for it? Who decides how much profit I should make before my product becomes free, the state? It was my understanding that in a capitalist economy that I make a product, and sell it at whatever price I think will make me the most money based upon demand.

      are car factories allowed to keep charging you on the car you buy ? every time ? without rendering you a new service/addition with it, or without giving you a new car ?

      Yes. I don't know where the hell your from, but here EVERY time I go down to the Nissan dealer and try to get another copy of an XTerra they charge me for it. Even if I just want a backup copy.

      I'm not really sure what the analogy is you're trying to make here. You pay once for a song and then you can listen to it as much as you please. If you're buying the same exact song more then once then your doing it wrong.

      explain me, why the FUCK should content industries should be slighted favorably in that regard. and why the fuck should production industries, who produce and sell products ONE TIME to a customer, should have to keep producing a product every time they need to make a sale ?

      Because a digital picture of a car is not a car. A digital recording of a song IS a song. What is your suggestion, that a band play one concert, an artist paint one painting, a movie have one showing, and charge enough for it to make up for the production costs and then let digital replicas be free thereafter?

      Or does it make just a wee bit more sense that if you want their digital product that you pay for that file with the agreement you won't share it with other people, and if the price is more then you wish to pay, then you simply don't buy it until price is lowered to a value YOU deem acceptable? In your case apparently, you should wait until they offer it for free.

    2. Re:oh fuck off. by mdwh2 · · Score: 1

      It was my understanding that in a capitalist economy that I make a product, and sell it at whatever price I think will make me the most money based upon demand.

      Eh? You can sell it whatever price you want in a capitalist economy. But you aren't entitled to make anything - whilst I think some form of copyright is the easiest way of doing things, it's a Government intervention. It's not capitalist, and it's not an entitlement.

    3. Re:oh fuck off. by unity100 · · Score: 1

      So if I spend a year to produce a product and then make a monetary profit in the first week it goes on sale then my product should immediately become free and I shouldn't receive any more money for it? Who decides how much profit I should make before my product becomes free, the state? It was my understanding that in a capitalist economy that I make a product, and sell it at whatever price I think will make me the most money based upon demand.

      yes. it should be. for, you cant have any artificial advantage which is provided by artificially enforced laws, and not market itself. a factory produces X units of a product, sells those X units and makes a profit. a factory cant keep charging the buyers again and again for the same product. its that simple.

      who decides how much profit you should be making, is the people. they are the 'market'. therefore since people pirate the movies and other stuff, they do NOT think that you should be making profit over the same thing over and over again. period.

      if you sold the product from a price market would accept as acceptable, then you wouldnt have piracy problem. its that simple. just like how piracy and smuggling ended in late part of 18th century with the increasing free trade and end of state sponsored monopolies. when the price of non pirated goods became similar to those of pirated goods, noone bothered with buying pirated. simple. plain. real.

      Yes. I don't know where the hell your from, but here EVERY time I go down to the Nissan dealer and try to get another copy of an XTerra they charge me for it. Even if I just want a backup copy.
      I'm not really sure what the analogy is you're trying to make here. You pay once for a song and then you can listen to it as much as you please. If you're buying the same exact song more then once then your doing it wrong.

      no you dont.

      what they do, but people are evading, and what they are trying to force is, to have you pay multiple times over and over. you paid 15 bucks and saw the movie in theater ? ok. but they want you pay AGAIN if you want to have it in another platform. cd, hard disk, gsm, doesnt matter. they even want to lock you in to devices, and make you pay for the same format twice if you want to use it in another device.

      there is not a SINGLE fucking thing right about this.

      Because a digital picture of a car is not a car. A digital recording of a song IS a song. What is your suggestion, that a band play one concert, an artist paint one painting, a movie have one showing, and charge enough for it to make up for the production costs and then let digital replicas be free thereafter?

      digital picture of a car is STILL a product. its not something that is out of this world and hence should be subject to other rules and laws. same goes for 'digital recording' of a song, same goes for anything else. i will tell what my suggestion is after i reply to below block

      Or does it make just a wee bit more sense that if you want their digital product that you pay for that file with the agreement you won't share it with other people, and if the price is more then you wish to pay, then you simply don't buy it until price is lowered to a value YOU deem acceptable? In your case apparently, you should wait until they offer it for free.

      no it doesnt make sense. for, it is not what is happening.

      if you put artificial rules to restrict anything, you create the mechanics to create monopolies. its simple as that. yea, i may just choose not to watch a movie. or i may choose just not to listen a song.

      but, any sufficiently strong producing source will be able to monopolize majority of artists and creators in order to create a monopoly on creative goods. this is NOT something that is 'fair', 'normal' and 'acceptable' - it doesnt matter whether they do it through fair means or not, in the end the result is a monopoly. a monopoly, is a monopoly. it doesnt matter

    4. Re:oh fuck off. by Ralph+Spoilsport · · Score: 1
      A digital recording of a song IS a song.

      No, it is not. It is a recording of a song. Big difference.

      --
      Shoes for Industry. Shoes for the Dead.
    5. Re:oh fuck off. by kevinNCSU · · Score: 1

      Are you saying it's different from VIEWING or ATTENDING a live performance or concert or are you saying it's completely different from any auditory medium the artist provides and therefore the artist has no rights over your 'work' of the recording of his song?

      I would say if a recording captures and replicates the auditory inputs created by an artist to a sufficient level, certainly to the same level of any product the artist can produce and sell himself, then it IS in fact the song. If you disagree I'd be interested in knowing how you define the song itself.

    6. Re:oh fuck off. by kevinNCSU · · Score: 1

      Right, any price I want. And being a sane, self-interested individual that wants to make money I would sell the product at whatever price-level I believe would make me the most money. I never said anything about entitlement. And while I agree, copyright isn't purely capitalist it's better then the alternative of small inventors and companies not being interested in innovating because some larger company or person with more resources will just carbon copy their idea and out market and out produce them leaving them high and dry with no incentives.

      Either way, what I was arguing against in the sentence you quoted was the idea that once I made a profit that I should somehow be forced no longer to sell my product at all at a price I'm allowed to determine, but should be forced to give it away for free which I think you and I can both agree would be a ludicrous government intervention.

    7. Re:oh fuck off. by Ralph+Spoilsport · · Score: 1
      Are you saying it's different from VIEWING or ATTENDING a live performance or concert

      Yes. It is.

      A performance is a performance: it requires a performer and an audient. Playing a recording only requires an audient.

      I would say if a recording captures and replicates the auditory inputs created by an artist to a sufficient level, certainly to the same level of any product the artist can produce and sell himself, then it IS in fact the song.

      No, it is not. As your definition has nothing to do with a "song".

      A "song" (i.e., a piece of music) exists in different levels in different contexts, and each has its own range in sociality. A recording is one instance of music which exists outside of a performer, and is no more a "song" than the sheet music.

      Music is an experiential social object, and the farther it gets away from a direct communication between people, the less it exists as music and the more it exists as a commodity of reified socialiaty.

      A CD consists of ones and zeros. Therefore, it is a number. No one can own a number, therefore no one can own a digitised piece of music. Digitised music, as "real" as it may sound, is actually the most attenuated and alienated form of musical understanding.

      RS

      --
      Shoes for Industry. Shoes for the Dead.
    8. Re:oh fuck off. by kevinNCSU · · Score: 1

      Are you saying it's different from VIEWING or ATTENDING a live performance or concert

      Yes. It is.

      Here's a tip,if your going to cut someone's quote off directly before the "OR" in their sentence and then argue against it you pretty much prove you're just being an asshole. I understand quite well a ticket to a concert is not a comparable good to a cd album hence me asking which one you were referring to.

      However, we're not talking about pirating concerts which would be the equivalent of playing an artist's song at your own concert. We're talking about pirating CD's, the medium through which a musical artist sells their product.

      A CD consists of ones and zeros. Therefore, it is a number. No one can own a number, therefore no one can own a digitised piece of music. Digitised music, as "real" as it may sound, is actually the most attenuated and alienated form of musical understanding.

      So no one can own or sell a piece of software they write because they are just bunch of ones and zeros? Your image is just a bunch of ones and zeros that tell the computer screen what to display, so by that logic people could use it however they chose. If your going to say these things can't be copyrighted or even owned because you can break them down into ones and zeros then your saying pretty much no invention or product in this world can be copyrighted and owned because they can be broken down into base elements or base components such as a lever, inclined plane, or spring. This is the same argument Ford and Chrysler used while trying to STEAL inventions from a small time inventor and use themselves. What scares me is that you idiots that just want to be able to steal shit legally are going to convince enough people without realizing that the whole point of copyright is to PROTECT the little guy from the big industries stealing their idea and inventions and running with them thus leaving no profit and no incentive for inventors not operating inside a gigantic corporation with the resources to quickly produce and market their invention faster than anyone else can rip it off thus leaving us with nothing but monopolies

      And if you truly believe nothing should be able to be owned or copyrighted there isn't really any point to continuing this discussion because your so far over the edge in trying to find moral justification of stealing songs that no ones going to be able to pull you back up.

    9. Re:oh fuck off. by Ralph+Spoilsport · · Score: 1

      You're just a garden variety idiot. I'm so glad I don't live in your country.

      --
      Shoes for Industry. Shoes for the Dead.
  47. you can't do as you wish on your own property by da5idnetlimit.com · · Score: 1

    Darn it all !

    Just moved to California, finished lining and filling the moat, ordered the laser/shark combo and already shot my first IRS suit for trepassing.

    And it's only NOW you tell me ?

    --
    It takes 40+ muscles to frown, but only four to extend your arm and bitchslap the motherfucker
  48. fool by unity100 · · Score: 1

    internet is already a basic human right. it is THE means to access information. the 'pathetic' articles you reach on wikipedia by just typing a query to google can be only composed with days of work in a local library without the internet.

    more over, most of the communication, and even governmental services are increasingly being conducted over the internet. therefore, being cut from internet is no different from being banned from government offices, services, and buying newspapers and watching tv, in some european countries.

    its probably also why these stupid acta law wont pass in europe. Finland already guaranteed internet access (4mbit, if you call that basic) as a basic human right. no treaty will be able to overcome it.

  49. BULLshit by unity100 · · Score: 1

    the 'other side' was the side which pumped SO many executive decisions and various bills to give way more power to the president than the senate and congress has already. little short of dictatorship.

    they didnt hesitate from violating the constitution. and y ou think they would care about 'democrat majority' in the senate. oh go fuck off.

    if you have forgotten, it was the 'other side' which prepared and cooked acta already.

  50. Hmm by nightfire-unique · · Score: 1

    There are things out there that are more dangerous than this proposed treaty.

    I'm just having trouble figuring out what those things are.

    --
    A government is a body of people notably ungoverned - AC
  51. China wont join it. Nomatter what. by unity100 · · Score: 1

    and no country in the world has the power to push anything to china, due to their huge market. u.s., its even a joke - chinese government virtually is the owner of us government now, due to the huge bonds it holds. if they just let go of the amount of dollars they hold, us economy will go sooo down that it may not be able to recover in decades.

    i really look forward to see those neocon dipshits take that acta to china.

  52. Re:Obama ? Hail the Great Corporatist ! by gink1 · · Score: 1

    Though ACTA was started before Obama, Obama is the reason it is gaining momentum and preparing to engulf us.

    Obama has a long record of helping huge Corporations and creating wealth for them - not just Health Insurance Companies.

    Obama really believes that locking down peoples freedoms to protect Corporate profits and Business Models is right and good.

    No doubt Obama was anticipating this Treaty when he hired lawyers from the RIAA to work in the Justice Department. They will be needed to sentence and imprison us when the treaty is rammed down our throats.

    Enjoy yourself - we are now living in the good old days of the Internet in the US.

  53. Re: A 3rd Party to the Rescue? by gink1 · · Score: 3, Insightful

    It's not the two party system that is the problem it's something that both parties (and even hypothetical 3rd parties) have in common: greed.

    Our politicians are almost all for sale to the highest bidder - typically rich Corporations with agendas that will usually harm Americans.

    For a million dollars or more the politician becomes the full time servant of their new Corporate masters and stops serving the Citizens.

    Note that this problem is insolvable since the politicians would have to approve of any solutions!

    As far as support for the MAFIAA, it all depends on how much cash they have doesn't it?

  54. The first rule of Swap Club... by w0mprat · · Score: 2, Interesting

    If internet piracy goes away, people will move to phyiscal media.

    You see there isn't a respectable IT firm anywhere in a developed nation that doesn't have a bit of a 'Swap Club', sharing pirated material by USB drives, SD cards and cheap terabyte class drives around the office. Back in the day they shared stuff on CD-R because the internet was rubbish. Now these things are now ubiqutous, inexpensive and expendable. Terabyte range drives are less than 10c per gig for a while now, if you find a good deal.

    What happens when these things inevitably become alot smaller and alot cheaper?

    What really scares me is what might be done to try to control this form of piracy.

    --
    After logging in slashdot still does not take you back to the page you were on. It's been that way for 20 years.
  55. The power to define our culture is still our own by dirkdodgers · · Score: 1

    If only we seize it.

    Don't give me hyperbole about our culture being locked away. Don't give me bullshit about how many Linux ISOs you download over bittorrent.

    What's being locked away isn't our culture. What's being locked away is a bought and sold-out culture that we deluded ourselves into believing was our own. Rather than create culture, we, like our parents before us, feed like pigs at the trough on the culture sold to us by corporate conglomerates, willfully, knowingly, and happily, with shit-eating grins.

    We have, and always have had, the power to define culture ourselves, and to keep that culture free, but we haven't, because most of us are sellouts, and most of us don't have the will to pass up the slop in the trough.

    I dare you to stop the hypocritical bullshit. I dare you to define your own culture:
    http://creativecommons.org/

  56. Parent is not a Troll by bussdriver · · Score: 1

    Its Good Cop / Bad Cop and both have similar goals or must give in to the same masters.

    Some people pick the bad cop and some pick the good cop while some realizing they are both "bad" choose neither and just get what the rest decide upon. Its TRUE that the modern GOP has been hijacked by horrible people and it SHOULD be clear that they have been the bad cop of the pair for over a generation. Unfortunately, we have many Stockholm syndrome types as well as just plain suckers who confuse the bad cop with the good cop.

    The hope of those who choose the good cop is that there will be a progression over the long term for the better; but this hope I think is largely unfounded and is just that-- wishful thinking. When it comes down to it, the good cop has most of the same goals but won't most as fast or be as painful; possibly throw you a bone or two while still screwing you in the end.

    I choose the lesser of two evils; but not out of some dellusion that the good one is actually good-- just slightly better. It won't change until the citizens become ACTIVE and start THINKING in majority numbers - and are willing to back it up with force since we'd soon find out just how much democracy we have when we choose to actually use it.

    Join a credit union or keep taking it in the ass.

  57. I finally found the step 2! by Anonymous Coward · · Score: 0

    Step 1: Spend 10/20/30 or more years studying and playing with zero financial stability and eventually be able to write music that other people like.

    Step 2: Hire other people to make stuff completely unrelated to your primary abilities, that your audience may not want

    Step 3: Profit

    Result: You will have pretty much voted for the Brittany Spears of the world as our musical greats. So that old meme just isn't the answer.

  58. is this going to far? by gamecrusader · · Score: 1

    Now it seems, on top of everything else relating to copyrights and patents, many totally messed up, why now push our corrupt and broken system on to the rest of the world?
    where is the correctness of this? why does the world want to have to deal with the policies, that obviously don't seem to work at all in the U.S. make the world have to deal with this junk to put it mildly, at least before this junk was created the world had more freedom in this realm of topic,
    whats next some one decides to copyright the national anthem, any other thing that belonged to everyone not just to a hoarding, pigheaded person. What is the world coming to.... (bangs head on wall) Why? Why?

    What will this lead to possible war in the future caused by the unrest, and troubles of the world, with all the current issues stacked on top ?

    Will this lead to more civil unrest, and the world loosing more confidence, just causing everyone problems because the U.S. is now pushing more laws on the rest of the world, enforcing the rest of the world, will we loose more allies, and trust, but of course we will?

    How can these government be able to enforce these new regulations? you can't its just to big of a task more money getting waisted on enforcing an impossible task of multiple countries, let me guesss, the music industry is behind it.

    How many more of these regulations will they create, how far will they go before they just go to far take away more rights of the peoples of this world?

    When will it come to mass civil unrest?

    I see the point of this, cut down on piracy, but what is the government doing, yes its good they are cracking down on piracy but shouldn't individual countries enforce no piracy laws on a country by country basis? not by a complete coverage.
    Isn't there a flaw in this great plan, enforcing this compeletly, is like just dropping money into a vast black deep hole with no bottom, money just getting poured waisted on a task no one country or countries can stop, after all there are several billion people in the world and there are only so many governments, theres no way to enforce this.
    Why are we spending time on resources on a problem that will always be there, and no way to stop it.
    Couldn't each country, be responsible to keep piracy under control in their own country. Multiple countries working together is a great thing yes, but when faced with a task as large as what the U.S. has in mind isn't it way way way to big a task to complete it?
    A broad single method to stop piracy in the world 3 strikes and your out, I can't see it working for the rest of the world, each country is different, each country has their own government and each government work in their own way, no single plan can work with total success, The only thing that can prevent piracy, is if every country creates and uses their own method of piracy prevention, after all more ground can be covered if there are many seperate methods, as every country isn't exactly like the U.S. how could this single method work, after all you can't stop it unless every country in the world were to use this soul method, and I mean EVERY COUNTRY in the world, which would never happen

    I predict this won't work at all, billions of people millions of acts of internet piracy every day, it can't be stopped, only with every country in the world, including china, among many others,

    besides, our system is a failure, a joke, and companies, and people abuse the system in this country, don't bring it apon the rest of the world, let them stand a better chance and let them handle their own problems.

  59. Re:US or USSR? by Space_Pirate_Arrr · · Score: 1

    In Soviet Russia, Jokes get you!

  60. No Way by andersh · · Score: 1

    There is NO way you will ever see a "unified global laws on sales and export/import tax".

    That would be in conflict with several constitutions and face huge national sovereignty issues without even thinking about the problems involved with adjusting for "local" needs and flexibility.

    There is a reason there is no common tax rate/system in the US, European countries or any other part of the world. Different circumstances, different needs!

    If you want to sell your products in the future you will [still] have to adjust your business for each geographic region of the world. There might be fewer regions to adjust for; The European Union [and European friends], the US/NAFTA, some South American block, the African Union, possibly a Gulf Union in the Middle East, maybe some Asian block(s) [if possible] and last but not least China.

  61. DECLERATION OF WAR AGAINST THE INTERNET by gamecrusader · · Score: 1

    I declare this a decleration of war against the whole internet!!!!!!
    It can't be allowed
    IF THIS PASSES
    It will be the end of the modern age as we know it
    The internet will never ever be the same
    People will live in fear of loosing access to the internet
    People who loose access to the internet will be done, everything they worked for will disappear
    The world will never be the same
    Governments will be hated more than ever

    IF THIS PASSES

    It can start a chain reaction leading to a nightmare possibility mass civil wars
    It can start a chain reaction leading to the worst nightmare of all nightmares World War III which will be the end of humanity as we know it, YES ITS POSSIBLE!!
    It will be the end to humanity as we humans have known it
    Few to none are ready to handle any nightmare which this will bring when it passes
    Does anyone here want their country to have no ally if one of these nightmares occurs?
    Many will be unfairly, and victimized prosecuted, because they were tricked, or used, or had their identity stollen then used for nefarious purposes making them the law breaker, even though they had the identity stollen
    Can you accept the fact that you may loose your access to the internet the life line to the world?
    Are people ready to go back to the stone age?

    IF THIS PASSES
    do you want to have your identity stolen then be convicted because the person who stole your identity had infringed copyrights.
    many many americans, and people of this world will loose possibly their only happieness
    copyright trolls, will have a iron grip on the world
    do you really want the governments of this world to spend billions enforcing this when the money could be surely used to improve life, save lives, and keep our future generations from paying the for the massive debts our current generations have created?
    this will start a new worse chapter in the history of mankind

    WE MUST STOP IT, ITS A DECLERATION OF WAR AGAINST THE INTERNET!!!!

  62. DECLERATION OF WAR CONTINUED by gamecrusader · · Score: 1

    TIME TO USE THE FREEDOM OF INFORMATION ACT
    OUR FIRST ADMENDMENT AS AMERICANS, AND ANY OTHER RIGHTS THAT ANY OTHER CITIZEN AROUND THE WORLD HAS
    People, anyone who knows, any leaders, or people who wield power and influence in the government, people who hold high positions in any of the governments of power, the time to act is now!!!!
    Petitions, protests, letters, emails, speach, media, every method to halt it must be used- no violence we don't want our efforts to spiral out of control, nor inoccent people to get hurt, or others as well.
    Freedom of information act, time to use.
    THE VOICE OF THE PEOPLE MUST BE HEARD!!!!!!

    DO NOT LET GOVERNMENTS TAKE AWAY ONE OF THE MOST VALUED RESOURCES ON THE PLANET!!!!!
    Action is neccessary to stop the nightmare from taking our lives away.
    Do not let this pass!!!!!!!!

  63. The current system involves payola by tepples · · Score: 1

    Okay, under the current copyright system, how does a new artist get started this way, when he doesn't have any fans yet? Are consumers expected to start paying money to random people on the off-chance that they produce a good result?

    Under the current system, a songwriter writes a song and has a recording artist record the song. Then the label that manages the songwriter and recording artist buys ad time on radio stations to promote the song and, indirectly, the album that the song is on. (Payola is still legal in the United States as long as something like "Paid for by Warner Bros. Records" precedes the play.) Copyright prevents other recording artists from "covering" (recording and publishing their own performances of) the song without paying and prevents motion picture authors from using the song.

  64. US v. Paramount by tepples · · Score: 1

    so it would seem that having some physical venue (e.g., theaters) where you can charge for seats and eyeballs works much better

    I don't understand exactly what you mean. For one thing, it's an antitrust violation for a movie distributor to own theaters. U.S. v. Paramount, 334 U.S. 131 (1948). For another, without copyright, studios would have to rely on trade secret law to keep independent theater operators from showing telesyncs in their own cut-price theaters.

  65. Funny or Scary? by Anonymous Coward · · Score: 0

    I know he's being funny, but I won't be at all surprised if at some point they did want to implant us with 'Identity Chips' under the guise of fighting terrorism or whatever monkier they decide to use at the time.

  66. Strikes are a *good* thing. by tepples · · Score: 1

    [Baseball is] certainly not a game very much played around the rest of the world (US, Japan... anywhere else other than on US bases in other countries?)

    It's not popular in the Czech Republic or the French Republic, but it is popular in the Dominican Republic. Still, I thought strikes were a good thing for anyone throwing a ball, be it in baseball or bowling.