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The Privatization of Copyright Lawmaking

An anonymous reader writes with this excerpt from TorrentFreak: "The biggest misperception about [the Stop Online Piracy Act] is that it is somehow unprecedented or extraordinary. It is not. SOPA represents just the latest example of copyright law defined and controlled not by the government but by private entities. Copyright owners will deploy SOPA in the same way they have behaved in the past: to extend out their rights. They will disrupt sites that do not infringe a copyright, interfere with fair uses of copyrighted works, and take other steps that evade the limits that the Copyright Act sets on a copyright owner's actual rights."

20 of 213 comments (clear)

  1. The flaw in democracy. by Avarist · · Score: 5, Funny

    And why does the American people still tolerate this again? Surely, in a democracy, every law should be in its people's best interest, no?

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    In Capitalist US, the commerce controls the Government.
    1. Re:The flaw in democracy. by Jstlook · · Score: 5, Insightful

      To some extent it was - up until the courts decided that corporations have the same rights (at least one specifically, and others implied by induction) that people do. Now laws are in the best interests of the biggest bank accounts.

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      ---jstlook ---For that is the way of Elves, for they say both yes AND no, and mean every word of it. --- J.R.R.T.
    2. Re:The flaw in democracy. by Anonymous Coward · · Score: 5, Insightful

      This isn't due to any flaw in democracy; it has nothing at all to do with democracy. These kinds of abuses come from autocratic structures that do not answer to any outsiders. A better way to describe these kinds of systems is 'totalitarian.' Of course, democracy is a nice word that we have all been taught applies to our systems of centralized planning and property, but just 5 minutes of thinking about it should induce uncontrollable laughter. The fact that most Americans don't laugh is a sign of how deeply indoctrinated much of the population, especially the political and technical class, has become. The Soviet system was similar. The intelligentsia (including the technical intelligentsia) needed to be well-indoctrinated. The remaining 80% would follow, as guided by the 20% of `proper' thinkers and the truly mass media. In the US, the situation is nearly indistinguishable. The mass media depends on things like publicly subsidized sports (franchises run by universities with the profits primarily going to private owners) and `popular' music and movies. It is crucial that these means of mass control remain firmly in the grip of private power; mass media is the primary means by which popular consent is shaped in the US and projected abroad.

      The reality is that no modern corporation -- be it a financial institution, a mass media distributor (RIAA/MPAA/etc), or whatever -- can tolerate democracy. We can see how the machinery respond to even modest democratic initiatives, such as the occupy movement: hysteria. They can't tolerate 'free markets' either, but that's a different (though related) story. What we see now are interrelated systems of global mercantilism backed by state power and by a hugely profitable propaganda system, which we now call the media and public relations, and those propaganda systems depend on favorable 'IP laws.'

    3. Re:The flaw in democracy. by Opportunist · · Score: 5, Insightful

      The problem is that you're the chicken.

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      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    4. Re:The flaw in democracy. by Chrisq · · Score: 5, Funny

      my tank is full of gas and there is a chicken in my pot, what is the problem?

      I hate it when that happens. Get him out quick, he'll go crazy and eat hundreds of dollars worth of weed.

    5. Re:The flaw in democracy. by znerk · · Score: 5, Insightful

      Now laws are in the best interests of the biggest bank accounts.

      Not familiar with The Golden Rule? "He who has the gold makes the rules."

      Not disagreeing with you, by the way, just wanted to point out that what you said is similar to a Mitch Hedburg joke.
      "I used to do a lot of drugs. I still do, but I used to, too."

      I'm still waiting for corporate entities to be executed for capital crimes - until then, I won't actually believe they're people. A possible alternative would be to make the CEO of the company directly and personally responsible for everything the company does, as if the CEO had done it him/her self - make 'em earn those golden parachutes by risking life in prison.

      --
      This work is licensed under a Creative Commons Attribution 3.0 Unported License.
    6. Re:The flaw in democracy. by Pi1grim · · Score: 5, Insightful

      Freedom is not something you achieve and then enjoy for the rest of your life. It's something that you have to fight for every day of your life. So what you are talking about — is nothing new. Corporations have their interests, you have yours. They will keep trying to get what they want, so should you. The whole idea of democracy is based on balance: everybody is trying as hard as they can to get what they want and everything ends up in a compromise. If the balance is shifting somewhere — you should push harder, it's just that.

    7. Re:The flaw in democracy. by Anonymous Coward · · Score: 5, Insightful

      Sure, but his point is that noble causes are frequently used as fig leaves. Larger issues remain outside of the scope of public discussion and are typically counter to the interests of the population. This tactic serves to give the population the illusion of participation in political issues. Of course, go on all day talking about gays or abortion (again, important issues in their own rights). Just don't get too worked up over the issues that affect your owners. In a democracy, *all* of those issues would be discussed, not just the ones that are inconsequential to real power.

    8. Re:The flaw in democracy. by Daniel+Dvorkin · · Score: 5, Insightful

      What does gay marriage or the lack thereof actually do? Nothing at all.

      Unless you're gay and want to marry your partner, in which case it does quite a lot.

      Never assume that the freedoms you care most about are the ones that are most important to other people. You want to live your life as you see fit; so does everyone else, and what you see fit to do may well be something that's of no interest to them.

      Support other people's freedoms. It gives them a motivation to support yours.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  2. America is NOT a democracy by Anonymous Coward · · Score: 5, Insightful

    America is totally corrupt. How many of the current US politicians are not taking corporate handouts, accepting meetings with lobbyists, or preaching 'free market' ideology. It has to be accepted that America is a banana republic, run by a mafia of corporate interests, and a collection of crazed religious zealots. I am just so glad I don't live there.
    In a democracy, there is a choice of government. Choice is impossible in the United States, because the Republican/Democrat Party, is the only party that can attract enough campaign contributions. The Republican/Democrat Party, is consequently the only party that can buy power. This is not democracy.

    1. Re:America is NOT a democracy by Opportunist · · Score: 5, Insightful

      Don't act surprised, the system forces them to.

      There is no way in hell a "honest", i.e. really and completely independent politician could get elected. The reason: Campaigning. And the cost of it. How should any politician afford it if he can't get a fund raiser going? And fund raisers by definition means that some corporations will chip in. And of course they'd expect something in return for their investment.

      Over here there was an outcry when in the 70s our back-then socialist government demanded that political parties and people should get their campaigning expenses reimbursed from tax money if they get at least (IIRC) 2% of the votes. Right now, I'm fuckin' glad they did that.

      I consider it heaps better if I buy my politicians with tax money rather than corporations do it with lobbying money.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:America is NOT a democracy by Loki_666 · · Score: 5, Insightful

      Yes, the Republicans and Democrats both pander to their donors, but at least the tend to have different, conflicting. donors,

      Really? That would be incredibly stupid of the donors. If i was in that position i would be sponsoring both sides to make sure i won. Hedge my bets kind of thing. I'm pretty sure big corporations are doing this.

    3. Re:America is NOT a democracy by inasity_rules · · Score: 5, Interesting

      I have lived in a "Civil war torn African country." I have never lived in America, I must admit, but I have a hard time believing the level of corruption is anywhere near comparable to say, Zimbabwe. In fact I seriously doubt you understand what "total corruption" really means, until you actually experience it. I know exactly what it means. And after a long chat with my brother in America, you don't have it. Not even close.

      And btw, this is not an argument, this is abuse. You want room 12b. :)

      --
      I have determined that my sig is indeterminate.
  3. This isn't news by atari2600a · · Score: 5, Informative

    The private elite have influenced western politics for at LEAST a century or three

  4. Rule by corporation by Alain+Williams · · Score: 5, Insightful

    Over recent years there has been an accelerating plunge into rule by corporation in its interests rather than rule by government in the interests of all. This has resulted in the loosening of regulation or oversight, laws allow corporations to do things that are effectively disallowed to individuals. The results of this include: the financial woes of recent times; copyright abuse; globalisation for corporation but not individuals (think: they buy where it is cheap in the world, but stop you doing so, eg by region encoding).

    This has happened by a variety of means: bribing of law makers (whoops silly me, I mean - donations to campaigns and pet causes, promises of jobs on leaving office, ...); threats to move to another country; ...

    Don't get me wrong: not everything about corporations is bad, not all corporations are problematic. A restoration of balance is needed.

    1. Re:Rule by corporation by Alex+Belits · · Score: 5, Insightful

      American dream is dead

      I would be delighted to see that happening. "American dream" is essentially an aspiration to obtain massive amount of wealth by whatever means, and use it to elevate yourself into position of control over other people (supposedly ones who implemented that dream at your expense before, or would implement it if you didn't stop them first), abusing them for your own pleasure. It is imposed on all population by propaganda, to make sociopaths in position of power seem normal.

      The problem is, this thing is still alive.

      --
      Contrary to the popular belief, there indeed is no God.
  5. Bread and circuses by Kristian+T. · · Score: 5, Insightful

    The answer is, that the system delivers what most of people consider to be most essential, namely: Bread and circuses. Of course this reasoning preceded the Roman Republic's transformation into the Roman Empire before it's ultimate collapse

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    Run with the lemmings, and you'll get your feet wet.
  6. Re:Insightful translation by Pf0tzenpfritz · · Score: 5, Funny

    Oh, I thought, that was what "IKEA" means.

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    Oh, the beautiful gloss of greality!
  7. Magna Carta 1297 Section 61 by Tastecicles · · Score: 5, Interesting

    ...Applies to every satellite State of Britain, former and current. The specific section implies the obligation upon Law-abiding citizenry to Lawfully disobey bad Law. This is the only way in which it will get changed. If we sit there and take it up the arse every time our basic civil rights are infringed those who make black-letter Law will carry on until we are deprived of the freedom to make our own choices. That said, it is up to you: will you argue for your rights in a public forum, even if that forum consists of thirteen men and women, even if it means the total loss of liberty for an unspecified period? Will you take that argument to a wider audience, for example by way of media, considering that this action is not without personal risk? Will you risk your life for your freedom as your grandparents did and your great grandparents did (I ask as a Gen. X-er)? Or will you bend over and take it up the arse like a good little sheep?

    Lawful Rebellion doesn't mean asking permission to protest. If you have a grievance, make a peaceful and nonviolent show of obstructing a public space and broadcasting your grievance. Let the Corporate Enforcement Officers (AKA Police) make the first violent or unlawful move, and make sure you have the video camera running when they do. And when they do, the Court of Public Opinion shall judge them.

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    Operation Guillotine is in effect.
  8. There's a reason pirates exist. by znerk · · Score: 5, Informative

    The Constitution of the United States of America had a nod to a limited copyright, with the idea that it would promote the arts and sciences for there to be a period of time in which the original creator of an idea would be able to profit from it. (Article 1, Section 8 of the United States Constitution, wherein it states as a goal "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;")

    Here's an article entitled The Founding Fathers Had Copyright Right, explaining how and why copyright was first introduced (back when the U.S.A. was just a twinkle in the founding fathers' eyes). It bears little resemblance to the convoluted and draconian system we now have in place.

    As of 1790, that "limited time" was a period of 14 years, with a possible 14 year extension (assuming the author was still alive), for a possible maximum of 28 years from date of creation. Those periods were more than double those originally specified in earlier documents, which ranged from 5 to 7 years.

    More recently, the Copyright Term Extension Act has shoved everything in quite the wrong direction for anything to ever reach the public domain.

    For example:

    Mickey Mouse was created in 1928. Mickey Mouse's likeness will not be legal to reproduce without a license until 2036, or maybe even 2047 (there is some legalistic ambiguity). And that's assuming that the copyright laws are not changed yet again to suit corporate greed... Because, you know, Disney hasn't had enough time to properly profit from Mickey Mouse yet, since he's only 83 years old!

    If that example isn't broken enough for you, have a look at this list of when things enter the public domain, and note that the current copyright law ensures that a book published on 15 March 1923 will enter the public domain on 1 January 2019, despite nearly everyone who was alive when it was published being dead now - nevermind 7 more years. It also shows that a sound recording published in 1978 will enter the public domain no earlier than 2049. If it was recorded prior to 1972, then it won't become public domain until at least 2067. This literally means that music recorded before I was born will not be in the public domain before I die. I expect this holds true for most of us, actually, and not just me. As an aside, this is also why restaurants do not sing "Happy Birthday" with the lyrics and melody you learned growing up.

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    This work is licensed under a Creative Commons Attribution 3.0 Unported License.