Follow Slashdot blog updates by subscribing to our blog RSS feed

 



Forgot your password?
typodupeerror
×
The Courts Government United States News Your Rights Online

Texas Rep Wants To Jail File Traders 739

kUnGf00m45t3r writes "There is an article on Wired about how Texas Rep. John Carter wants to jail some college students to scare people away from illegal file sharing. He says, "What these kids don't realize is that every time they pull up music and movies and make a copy, they are committing a felony under the United States code," Carter said in an interview. "If you were to prosecute someone and give them three years, I think this would act as a deterrent." Right..."
This discussion has been archived. No new comments can be posted.

Texas Rep Wants To Jail File Traders

Comments Filter:
  • by Anonymous Coward on Thursday March 20, 2003 @07:42AM (#5553927)
    Am I the only one who finds this to be condescending? "These kids" is no better than "you people" - I'm sure most Americans will remember the "you people" scandal from the mid-90s.
  • Yeah, right.... (Score:2, Insightful)

    by DrInequality ( 521068 ) on Thursday March 20, 2003 @07:45AM (#5553944) Homepage
    Jail file traders but elect presidents (well almost) who declare war on other countries for no good reason.

    The world is going to hell in a handbasket.

  • Deterrent... (Score:5, Insightful)

    by constantnormal ( 512494 ) on Thursday March 20, 2003 @07:48AM (#5553963)
    ... and maybe jailing a few congressmen for taking campaign contributions as bribes would provide some deterrence there as well...
  • by Rhubarb Crumble ( 581156 ) <r_crumble@hotmail.com> on Thursday March 20, 2003 @07:50AM (#5553971) Homepage
    ...think the punishment clearly doesn't fit the crime (and yes it is a crime), but I'm prepared to bet that it would act as a pretty good deterrent.
  • by Fred IV ( 587429 ) on Thursday March 20, 2003 @07:51AM (#5553976)
    Great 3 years in prison is plenty of time for them to learn how to be a real criminal. And since the felony will create problems getting a job when they get out, they will have the inclination to do illegal things for money so they can eat and pay rent.

    There just isn't enough violent crime in the US anymore. Let's all thank the Texan for finding a way to correct that problem.
  • Re:Yeah, right.... (Score:3, Insightful)

    by tomknight ( 190939 ) on Thursday March 20, 2003 @07:51AM (#5553979) Journal
    After all, the Pres has said that he'd spring from jail (in EU) any US citizen convicted of a crime by the International Court. Now who's respecting the international community? God, this man's hypocrisy makes me want to vomit. Yeah, this is offtopic but what the hell does any of this shit matter anyway?

    Tom.

  • Stupid (Score:3, Insightful)

    by Anonymous Coward on Thursday March 20, 2003 @07:51AM (#5553980)
    His priorities are all fucked up.

    His priority is corporate payrolls, not the people.

    Revolition time, overthrow the gov. that the people Remember, the gov is SUPPOST to represent the PEOPLE, lately they just represent the CORPORATION.

    Overthrow it.
  • by Motherfucking Shit ( 636021 ) on Thursday March 20, 2003 @07:52AM (#5553984) Journal
    Says carter (according to the article),
    Carter said making an example of a few college students could go a long way toward bringing home the message that sharing and duplicating copyrighted materials is wrong.


    "Sometimes it takes the shock value of someone actually being punished," Carter said. "In this particular instance it might also send a message to these kids that are operating on these networks that, 'Hey, I better stop.'"

    Students would learn quickly that copying even one album is not worth the potential punishment, he said.
    So he wants to punish "a few" students in the hopes of deterring the rest of them? Sorry, it's not going to work. As the article mentions, there are hundreds of thousands if not millions of college students engaging in file sharing. Putting "a few" of them in prison isn't going to deter the remainder; instead, those who aren't among the unfortunate "few" will think what everyone else is thinking: "they might bust a few people, but they won't bust me."

    Filesharing is, in my opinion, much like speeding. A whole hell of a lot of people do it, and only a small percentage ever get caught or have to face the music, so to speak. When more than half of drivers are doing 70 in a 55, and only 1 in 5,000 are pulled over and given a ticket, there is no deterrent! Similarly, if you've got hundreds of thousands of students sharing files illegally, and you only punish "a few" of them, that's not going to discourage the rest of them.

    The idea that "they won't bust me" is always going to be prevalent. Either we put them all in jail for committing these horrible felonies, or we don't bother busting any of them.
  • Re:Hmmm... (Score:2, Insightful)

    by ch-chuck ( 9622 ) on Thursday March 20, 2003 @07:53AM (#5553989) Homepage
    Huh? Talk about screwy logic - where does it say "for every song purchase you get to steal one" ?! If you purchased 100 cd's great. If you've pirated 99 mp3's, you've committed 99 felonies, no matter how many you bought legally. No, obeying the law doesn't make you eligible to commit crimes ;)

    Sheesh.
  • File traders (Score:5, Insightful)

    by gmuslera ( 3436 ) on Thursday March 20, 2003 @07:55AM (#5553997) Homepage Journal
    The real threat right now is spammers, not file traders. Is something that affects and in some way or another harm or could harm us all. Why not put them all in jails? or in pits, or use them as human shields on iraq, etc.
  • by smylie ( 127178 ) <spam_me AT smylie DOT co DOT nz> on Thursday March 20, 2003 @07:55AM (#5553999) Homepage
    From the article:
    "What these kids don't realize is that every time they pull up music and movies and make a copy, they are committing a felony under the United States code," Carter said in an interview. "If you were to prosecute someone and give them three years, I think this would act as a deterrent."

    I know the american judicial and political system can be pretty screwed up at time, but just how much support does this guy think he's going to get from his constituents (read votes), when he starts sending kids to jail for three years in punishment for what amounts to fiften dollars worth of copyright violation?

    To compare, how long do you expect Jeffrey Skilling (former Enron CEO) to spend in jail for the $30 billion lost there . . .
  • First Stone (Score:3, Insightful)

    by RMH101 ( 636144 ) on Thursday March 20, 2003 @07:57AM (#5554013)
    Can we ask for an inspection of his house and the glove box of his car? Want to bet there'll be a few cassette tapes he's recorded at some point in his life?

    Ric Campaign for the national sig: "*Just kidding, Admiral Poindexter!"

  • by goldcd ( 587052 ) on Thursday March 20, 2003 @08:01AM (#5554034) Homepage
    students, the intellectual future and security of a nation, all turning up on his doorstep turning themselves in for 3 years jailtime. A great way to point out the stupidity of his words, and secure free accomodation until the end of your education.
  • Re:Yeah, right.... (Score:1, Insightful)

    by Anonymous Coward on Thursday March 20, 2003 @08:14AM (#5554104)
    Well, the USA obviously consider throwing their children into jail for something which everybody is doing and which has been done at least since the advent of tape recorders. That means they are causing fear by ruining the lives of few. The president declares that the USA will attack Iraq with or without UN support, and they did attack without UN support. The USA are in a war right now which they declared and which violates the law of nations. They have nothing to fear: After all the USA don't recognize the international court of justice. The reason why the USA have trouble explaining to the world who the bad guys are isn't that the bad guys aren't bad -- it's that the USA are slowly becoming indistinguishable.
  • by jkrise ( 535370 ) on Thursday March 20, 2003 @08:14AM (#5554105) Journal
    I remember while rejecting the case for breaking up MS, Dubya said we don't want to send the wrong messages to American Corporations. They mustn't feel endangered to carry on innovating in their own country.

    What message does jailing students send to American citizens? The one I can hear is "Innovative students who offend Corporations will be jailed. Even if the 'guilty act' does not merit such severe action ".
  • Re:Hmmm... (Score:4, Insightful)

    by 91degrees ( 207121 ) on Thursday March 20, 2003 @08:19AM (#5554122) Journal
    We're not talking about stealing here. We're talking about copyright infringement. i.e. violation opf their exclusive right to reproduce.
  • Re:Hmmm... (Score:3, Insightful)

    by jhunsake ( 81920 ) on Thursday March 20, 2003 @08:21AM (#5554134) Journal
    I agree, I do attend concerts. That is where most artists make their money anyways.
  • by g4dget ( 579145 ) on Thursday March 20, 2003 @08:28AM (#5554168)
    Let's first jail some politicians for several years that have violated campaign financing laws or misused political funds for political purposes. Yes, this includes politicians that only violate them on "technicalities" or can't fully account for where the money went. Why don't we start by auditing Carter himself?

    In the grand scheme of things, cleaning out corrupt politicians is a whole lot more important than cracking down in file trading by people with no money. I'm sure jailing people like Carter for a few years would have a wonderfully deterrent effect on other politicians. What about it?

  • by Anonymous Coward on Thursday March 20, 2003 @08:29AM (#5554183)
    "A felony conviction is a terrible thing to have on your record," Carter said. Among other things, he said, a person would not be able to become an officer in the U.S. military if convicted of a felony.

    OMG!!! You mean, I wont get to rape young girls in Bosnia, engage in illegal trafficking, be able to rub shoulders with terrible Afghanistan warlords and partake in their feasts, form an illegal nexus with the Defence Contractors, be a pawn to the politicians and shoot innocent civilians in broad daylight ?????

    Please...please tell me that aint true..

  • by Jezza ( 39441 ) on Thursday March 20, 2003 @08:32AM (#5554207)
    This Texas Rep seems to have forgotten WHO elected him, the parents of "these kids" and sending someone to jail for three years for swapping files (albeit copyrighted works) seems rather harsh, they'd probably have been better off to actually steal the CDs! (In terms of their sentence)

    I don't think that a justice system should be used to "scare" someone - especially when a great number of people don't think that much of a crime has been committed. Basically people have taped each others' CDs and records for years, and music still gets made, Puffy Daddy still buys his plane, the sky doesn't fall in. The problem is we don't see "these kids" as criminals - okay they are, but not the kind of criminals who need to be jailed. We do see a lot of musicians as criminals though, they make vast fortunes from music that is likely to inflame racial tensions and advocate criminal acts - this Texas Rep should choose his friends more wisely if he hopes to be re-elected.

    It also seems pretty hypocritical to add a levy on blank CD media and STILL go after individuals who are buying them. It seems that the music industry wants to be paid twice - once for original CDs and once for blank media.
  • by Anonymous Coward on Thursday March 20, 2003 @08:46AM (#5554274)
    the first rule of governing is not to make laws that cannot be effectively enforced without significant effort. There are examples of such foolery, prohibition comes to mind.

    Enforcing copy right law is impossible without tremendous effort and cost. Problem is, the US government, and most other governments in the civilized world, are tripping down that road hand-in-hand with the copyright cartels.

    I do not wish to have my tax dollars spent enforcing the copy right monopolies of others. When tax dollars are spent wrting and enforcing laws pertaining to copy right that is exactly what is happening.

  • Re:Or... (Score:4, Insightful)

    by Lt Razak ( 631189 ) on Thursday March 20, 2003 @08:48AM (#5554289)
    Yes, it would seem to be more lucrative to rob a few stores with a gun, then buy the cd's with that stolen money. Maybe buy a new system for the home and car to play those legal CD's in.

    Then when you go to the big house, you'll be in and out in less than 2 years, and it won't make the headlines.

  • Re:Hmmm... (Score:2, Insightful)

    by 91degrees ( 207121 ) on Thursday March 20, 2003 @08:54AM (#5554326) Journal
    If you abide by a law 100 times does it make it right to break it 99 times?

    No, I guess not.

    I'm not talking about whether or not the law is just, but whether prior compliance with a law makes it alright to disregard the law later.

    But if I concede that it is wrong to break the law (at least in the situation above), then the question of whether the law is just is a lot more important. There's also the question of whether the law is sensible. A law that can't be enforced and is flouted that much makes a mockery of the legal system.
  • by OneInEveryCrowd ( 62120 ) on Thursday March 20, 2003 @09:10AM (#5554436)
    "Sometimes it takes the shock value of someone actually being punished," Carter said. "In this particular instance it might also send a message to these kids that are operating on these networks that, 'Hey, I better stop.'"

    Boycotts are a good idea but imagine the shock value of millions of students registering to vote in order to "send a message" back to Congressman Carter. Fighting corruption while simultaneously keeping your butt out of jail would be cool too.
  • Re:Hmmm... (Score:4, Insightful)

    by PerryMason ( 535019 ) on Thursday March 20, 2003 @09:14AM (#5554461)
    For me, if they can guarantee me that the CD I buy wont scratch, crack or split for my lifetime, then I would be happy to pay the money.

    As it is, I do buy a few CDs, but only if I consider the package as a whole is worth owning. If record companies want people to buy CDs they should try making the product 'value-added' enough that its better than just having the MP3. Good artwork, lyric sheets, stylised packaging. Do anything to make it worth the money, but don't expect people to pay for a CD when its as easy as ripping it, or P2Ping it.

    Thats my opinion anyway.
  • by z_gringo ( 452163 ) <z_gringo&hotmail,com> on Thursday March 20, 2003 @09:14AM (#5554467)
    I read that also, where he mentioned that they were "committing a felony under the United States code" every time they downloaded a song.

    Can that be correct? It may be illegal, but is it really a felony? That seems a bit harsh, but then again, there are a lot of things that are felonies in Texas that aren't felonies elswhere.

    Of course Unlawful Carrying of a Weapon (Handgun, whatever), is only a mesdemeanor.

  • by kenthorvath ( 225950 ) on Thursday March 20, 2003 @09:17AM (#5554482)
    I think this would act as a deterrent.

    Yes, it would definately deter hundreds of thousands of filesharers from his reelection... Let's face it, if the American people made enough stink about changing the copyright laws to allow casual filesharing, it would happen. There are enough people who do this and vote that it would make a significant difference. All we need is ONE candidate up for election who makes this his issue and the rest will scurry into place, either immediately agreeing, or seeing the light after they lose.

  • by Anonymous Coward on Thursday March 20, 2003 @09:22AM (#5554515)

    Register to vote [state.tx.us]. Today.

    Call Carter if you want, not that it'll do much good; he got 78% of the vote in his last election [state.tx.us] in a district that votes even more Republican than the rest of the state, if such a thing is possible.

    But maybe you can throw a scare into some of his colleagues.

    The antidote is massive voter registration. These guys are counting on college students to not vote; are you going to fulfill their expectations?

  • My Rant (Score:4, Insightful)

    by jfollas ( 634818 ) on Thursday March 20, 2003 @09:22AM (#5554517)
    It really bothers me that the RIAA et al compares digital media piracy to be the very same as walking into a store and shoplifting a CD. Conceptually--alright, I see their point that theft is theft. But, let's compare apples to apples here.

    Swapping a song is more akin to going to your library and copying an article out of an encyclopedia. I mean, the library paid for that encyclopedia, but Britannica certainly isn't getting any type of royalty or extra revenue for your actions. And, this behavior is actually accepted (otherwise, why did my college library have eight copy machines on each floor?).

    The fact is, and this has been stated over and over again, that the recording industry is using a business model that is quickly becoming antiquated because it has not adapted to changes in digital media capabilities (i.e., instant gratification: easier and cheaper to download a single track from the Internet than to drive to the music store).

    Furthermore, what is the motivation or desireable quality of owning a physical CD at the cost of $15? For the eight garbage tracks that you get in addition to the 1 or 2 good songs? For the really cool cover artwork? For the satisfaction that your $15 contributed to the squandering lifestyle of the artist, or even worse, the recording label?

    Perhaps my views are seeded in jealousy. There, I said it. Because I have no marketable talent, I'm forced to work 40+ hours a week and live entirely on that paycheck. Recording stars might put in long hours at the studio (boo hoo--we all put in long hours to meet our deadlines probably more frequently than they record an album), but in my eyes, they aren't truly working unless they're touring. And, just because they can sing or otherwise attract public appeal, they have the opportunity to afford all kinds of luxuries PLUS have big companies give them all kinds of products for free in hopes of some sort of endorsement. I wonder what that would be like....

    Call it theft or whatever, but I think that the everyday 40+ hour a week employee has voiced its opposition to the practices of the recording industry that takes money away from the working class to support the lifestyle of the artists.
  • by Big Nothing ( 229456 ) <tord.stromdal@gmail.com> on Thursday March 20, 2003 @09:24AM (#5554531)
    There are laws [usdoj.gov] against such activities. But as long as a bunch of corrupt [oliverwillis.com], self-serving [accessatlanta.com], unconstitutional [guardian.co.uk] cowards [democrats.com] are in charge, no real action against white-collar crimes [scoop.co.nz] will ever be taken.

    Or, to put it differently: As long as white-collar criminals are in charge, white-collar crimes will be tolerated.

    What I don't understand is why ordinary people tolerate and defend Bush's actions. After all, it is you and I who pay the bill at the end of the day.
  • Re:Yeah, right.... (Score:1, Insightful)

    by Planesdragon ( 210349 ) <<su.enotsleetseltsac> <ta> <todhsals>> on Thursday March 20, 2003 @09:30AM (#5554579) Homepage Journal
    Blix (et al) have repaetedly shot down the US lies.

    US: "Is Iraq totally compling"

    Blix: "Nope, but he is sorta complying."

    US: "That's not good enough, we're going to war."

    This war isn't to "protect" anyone. This war is to enforce twelve years of ignored sanctions and an all-but-ignored peace agreement. It's just as proper to consider this "Gulf War part II" as it would be to consider it "Gulf War II."
  • Re:Yeah, sure. (Score:5, Insightful)

    by mpe ( 36238 ) on Thursday March 20, 2003 @09:34AM (#5554610)
    The US has a higher proportion of its citizens in jail than any other country - in all of history.

    This isn't just in comparison with other "democracies", this is of anywhere, including dictatorships.

    It now looks like it's trying hard to keep anyone else from approaching this record.

    This is something for the "land of the free" to be ashamed of, not proud of.
  • Re:Hmmm... (Score:5, Insightful)

    by macdaddy357 ( 582412 ) <macdaddy357@hotmail.com> on Thursday March 20, 2003 @09:55AM (#5554792)
    "Forget the muderers and rapists, they are no threat to society. We need to lock up file traders!" Who is this asshat? Boycott the recording industry. [dontbuycds.org]
  • by fulgan ( 116418 ) on Thursday March 20, 2003 @10:01AM (#5554834)
    Seriously, this guy apparently forgot two of the kost fundamental rules of justice: the penalty must be in proportion to the fault and justice must be equal for all. While in theory jailing someone "to make an exemple" might work for some time, it is making justice by exception AND abusive penalty.

    For the above reason, my thought is that this guy is only after the publicity as such a proposal wouldn't go through a real court.
  • by rpgguy76 ( 660461 ) on Thursday March 20, 2003 @10:05AM (#5554870)
    Even though this article from the Baen Free Library is about books it applies equally well to file sharing. Check out the entire article at Baen Free Library [baen.com]
    "And, just as important -- perhaps most important of all -- free books are the way an audience is built in the first place. How many people who are low on cash and for that reason depend on libraries or personal loans later rise on the economic ladder and then buy books by the very authors they came to love when they were borrowing books?


    Practically every reader, that's who. Most readers of science fiction and fantasy develop that interest as teenagers, mainly from libraries. That was certainly true of me. As a teenager, I couldn't afford to buy the dozen or so Robert Heinlein novels I read in libraries. Nor could I afford the six-volume Lensmen series by "Doc" Smith. Nor could I afford any of the authors I became familiar with in those days: Arthur Clarke, James H. Schmitz, you name it.

    Did they "lose sales?" In the long run, not hardly. Because in the decades which followed, I bought all of their books -- and usually, in fact, bought them over and over again to replace old copies which had gotten too worn and frayed. I just bought another copy of Robert Heinlein's The Puppet Masters, in fact, because the one I had was getting too long in the tooth. I think that's the third copy of that novel I've purchased, over the course of my life. I'm not sure. Might be the fourth. I first read that book when I was fourteen years old -- forty years ago, now -- checked out from my high school library."

    Author Eric Flint
  • Re:Yeah, right.... (Score:0, Insightful)

    by sql*kitten ( 1359 ) on Thursday March 20, 2003 @10:14AM (#5554925)
    After all, the Pres has said that he'd spring from jail (in EU) any US citizen convicted of a crime by the International Court. Now who's respecting the international community?

    Sorry, but what the hell is the point of even having a country if you're bound by every other country's laws? There is a lot of stuff you can do in country X that you can't do in Y, and vice versa. So, if you are actually in someone else's country and you break their laws fair enough, you get your ass slung in jail, but if you are at home and a foreign court decides you broke their laws while you weren't even there (this is what ICC does, in a nutshell) there's bugger all they can do about it right now, which is as it should be. Sign up to ICC and your citizens can be extradited to face a foreign court for something that isn't even a crime where they are now.

    God, this man's hypocrisy makes me want to vomit.

    No, he's pretty consistent actually: the duty of the American government is to put the interests of American citizens first. Again, if your government isn't about looking after its own tax-paying law-abiding citizens, what the hell is it for?
  • by Anonymous Coward on Thursday March 20, 2003 @10:21AM (#5554983)
    83% of all statistics are made up. can you match some names to those numbers?
  • Re:Hmmm... (Score:2, Insightful)

    by Anonymous Coward on Thursday March 20, 2003 @10:23AM (#5555010)
    For more arguing, the chocolate bars would still exist in the store, but what if you cloned the bars?

    I guess it is actually the ability to enjoy the bar, and not the bar itself, that they are selling.

    Like how they're selling the right to hear the sound waves, and not the right to own the media. sort of. It's just the sound waves are contained on the media, and you can't steal another because you don't own the rights to two copies of the sound waves.
    And why do CDs cost more than tapes?
  • Re:Hmmm... (Score:3, Insightful)

    by 91degrees ( 207121 ) on Thursday March 20, 2003 @10:30AM (#5555079) Journal
    We're not taking anything. We're copying.

    Using that logic, you might as well say that taking a photo of someone is stealing.
  • by Durandal64 ( 658649 ) on Thursday March 20, 2003 @11:52AM (#5555836)
    I love this idea. In fact, I think that we should start raiding the Bush daughters' rooms and throw them in jail for 3 years. You can't tell me that those two aren't illegally downloading music.

    If not them, then certainly the children of representatives and senators. If this guy wants to show how truly just he is, then I'm sure he'd be more than happy to make his children examples of what happens when you don't follow the law.

    Oh, and when in doubt, blame college students!
  • Re:Hmmm... (Score:5, Insightful)

    by orangesquid ( 79734 ) <`orangesquid' `at' `yahoo.com'> on Thursday March 20, 2003 @12:32PM (#5556213) Homepage Journal
    Copyright infringement is not as serious of a crime as politicians, the RIAA, and the MPAA would like people to think. If I cross the street at crosswalks 100 times, and I jaywalk 99 times, should I get jailed? Who has been hurt?

    Jails are for extremely violent or disorderly people who have the potential to ruin others' lives and do not care what happens to others. Most college students (except for some of the frat boys around here) do not fit into this category (not even close!). Jails are for dangerous crimes; violent crimes are dangerous, drugs are considered dangerous (perhaps if you are a pusher, but what about the rest of the people in jail for drug dealings and possession?), and cheating the (economic) system in grandiose ways is sometimes considered dangerous.

    How is file sharing, something that has been going on for years and years *anyway* (ever copied a tape or CD? recorded something off the radio kept it? recorded something off TV and kept it?), suddenly such a grandiose crime that it is ruining others' lives in such a serious way?

    Jails are designed to hurt and punish people who haven't learned not to hurt and punish others. By not buying a CD, who am I hurting? If I like an artist enough, I will by their CD. If I don't consider it worth my money, I won't. In the past, I would just tape songs I liked off of the radio to make mix tapes. How is this different? Let's start turning in powerful people for making mix tapes with songs off the radio, shall we? I do believe that qualifies as an "illegal download." Then maybe people will realize how ridiculous this whole business is (in most cases, anyhow).

    Piracy? Theft? Hahahahahahaha. I guess "copyright infringment" isn't scary enough of a word. If I go to jail for piracy, I better have looted and pillaged. If I go to jail for theft, I better have acquired lots of new physical possessions from a store, defeating store security.
  • Great Idea! (Score:3, Insightful)

    by Anonymous Coward on Thursday March 20, 2003 @01:08PM (#5556523)
    Locking up a few of "these kids" worked so well with our War on Drugs!
    If he succeeds, pretty soon there won't be any file trading, just like now there are no more illegal drugs in this country!
  • by aelfwyne ( 262209 ) <lotherius@NOspam.altername.net> on Thursday March 20, 2003 @01:17PM (#5556593) Homepage
    Actually - boycotting CD's is going to (already I think) have the opposite effect intended.

    The record industry can then point to the drop in sales and say "SEE! We told you so! Our sales are hurting because of file sharing!" and the law will crack down even harder until enough people cough over the dough.

    I'm not saying you should support the record industry - I don't - but just cold hard facts.
  • by Anonymous Coward on Thursday March 20, 2003 @01:21PM (#5556617)
    Yes, it's meant to be condescending. This guy is no better than Bush, starting a war when he obviously does not have all the facts.

    Have any of these guys even done the math? The RIAA's numbers don't add up to billions of loss as they purported; the number is in the low millions on how much their sales have gone down.... and in our current economy I'm sure that must have had NOTHING to do with it? Damn I loath these uneducated people in our Government.

    I host a p2p server and have for many years. I will continue to host one as long as there is an internet to host it on as an expression of what little freedom we 'have' remaining.

    I'm not a thief for sharing files - in fact I don't share files because that would leave me at legal risk; however, I do provide an area where people chat and there is the potential for sharing files but that part is out of my control. Frankly though, I have conducted polls and asked people directly - what were my results? 1) Most people downloading files are in an economic position in their lives where they cant 'afford' to purchase the music and software they currently use. 2) Most people purchase these same cd's and programs when they can afford them, IF they were worth a crap when they were using them. 3) Nearly all surveyed feel cd's and programs are too expensive for what you get from them - if a music cd only cost five bucks we would have half as much file sharing. 4) Most will continue to share files until they are arrested and/or there is nobody else left to share files with.

    We will not go quietly into the night - we will not give in - we ARE the future and no lamer member of government or the riaa/mpaa/bsa/what-freaking-ever, will change our goal of sharing files.

    Nobody can look at the copyright laws of today and tell me they are not a COMPLETE mockery of what our founding fathers intended. Frankly, I think all amendments to copyright law should be found unconstitutional and stricken...

    We're not going anywhere - and your future votes (presuming people learn how to vote so the president doesn't need to buy his way into office) are dependant on US - Most households transfer files daily and do you know what that means? It means the majority of America disagrees with the legal standards in place regarding copyrights. So do what you must but one way or another, we will win - even if that means it will take a generation or two to accomplish it!
  • Re:Hmmm... (Score:5, Insightful)

    by Reziac ( 43301 ) on Thursday March 20, 2003 @01:36PM (#5556745) Homepage Journal
    Imagine the result in a "three strikes" state like California. It's conceivable, and was recently upheld by the Supreme Court, that someone could get LIFE IN PRISON for having a record of 3 felonies, each of which was for file trading.

    That's absurd.

    It's also absurd that someone is willing to ruin some bright and basically good kid's life (a felony on your record severely limits your options) just to make an example and a point.

    Here's a legal proposal for you: it should be unlawful to use criminal law to make examples of anyone. If you prosecute one offender, you should have to prosecute them all. (College campuses everywhere are suddenly vacant; millions of voices are suddenly silenced.)

  • Re:Hmmm... (Score:2, Insightful)

    by soupdevil ( 587476 ) on Thursday March 20, 2003 @03:11PM (#5557963)
    Shareaza (www.shareaza.com) gives you Gnutella access, and the best search filters around. You can see song length, kbp/s, and many other parameters due to the metadata system.
  • by sjlutz ( 540312 ) on Thursday March 20, 2003 @03:22PM (#5558098)
    This guy apparently has never heard of the phrase selective enforcement.
    For those that do not know, it is illegal to practice selective enforcement.
    The reason it isn't legal, and shouldn't be is that by only presecuting select individuals, you create an inequity in the justice system (ok.. don't get on me about all the inequities there are now).

    The point is that selective enforcement allows people (not laws) to determine who gets punished. Be the wrong skin color, wrong age, not buy-off enough people, and those prosecutors may come after you for simple crimes.

    So, in order to send ANY number of people to jail, the prosecutors must show that they are actively persuing all crimes of this nature. In fact, if I was one of these kids I would probably use that as a defense. I would put to burden on the prosecutor to prove to a jury that they are not targeting (profiling) my racial/ethnical/age profile. Show me the hundreds of other cases out there you are investigating, etc..etc..
  • by mark-t ( 151149 ) <markt AT nerdflat DOT com> on Thursday March 20, 2003 @05:51PM (#5559987) Journal
    ... is that prosecuting every single one of them, or even more than just a handful of them, would end up costing more money than what the record companies are "losing" to piracy. Even if we had ten times the number of prisons we do now, there still wouldn't be enough space to hold even half of the infringers. Ultimately, in a digital age, you can't even make a dent in illegal copying without trying to stop *all* copying, legal or otherwise. It is, btw, impossible to refute the existence of legal copying -- for example, a company doing regular backups of its own data. And since media is, ultimately, just data -- it's only the end user (and arguably the application that the media format is intended for) that sees such media for what it is. Until computers can think like people, they will not be able to differentiate between copyrighted data and uncopyrighted data, so any legislation in this matter at this point is meaningless without halting progression of the arts until computer technology can "safely" accomodate it.
  • by $uperjay ( 263648 ) <jstorrie.ualberta@ca> on Thursday March 20, 2003 @06:24PM (#5560310) Homepage
    disclaimer: this argument has already been presented many, many times on Slashdot, I'm sure.

    When I moved out to go to university last year and got my (off-campus, non-university) broadband internet connection up, I signed up for a little service called Audiogalaxy. [audiogalaxy.com] Anyone remember Audiogalaxy? It was a community-oriented p2p music-trading service. The community-oriented bit, I found fantastic. Yes, you could just use it to download songs. You could also, however, join groups of people with similar musical tastes, who would forward you songs from artists you may never have heard before. Had it not been for Audiogalaxy, I might never have been introduced to artists like Pedro the Lion [jadetree.com], Onelinedrawing [jadetree.com], and The Weakerthans. [theweakerthans.org]

    In the last year, I bought two CDs by The Weakerthans, one by Onelinedrawing, I have an order form filled out for a pair of Pedro the Lion CDs, some Pedro the Lion and Onelinedrawing merchandise, and I have tickets to see The Weakerthans in Calgary this weekend.

    Is this a bad thing for the artists and labels? Do they just not want my money? I wouldn't have spent that money on Eminem and Britney Spears, sorry. If I hadn't been introduced to these other bands I wouldn't have spent that money on music at all. Peer-to-peer could be an absolute goldmine for the recording industry. It's free advertising. Do you know how much the recording industry spend on advertising last year? I don't even want to look it up. I'm afraid the incredible size of the number would cause this library computer to crash. It's probably written with scientific notation.

    The funny thing is, the people who have the most lobbying power within the RIAA aren't the small record labels like Jade Tree or G7 or Vagrant or Deep Elm, the little guys who are attempting to run an honest business, support good artists, and bring good art out so that the public can enjoy it. They're the giant conglomerates, the ones who are responsible for Toni Braxton going broke despite selling $188 million dollars worth of CDs [salon.com]. These people don't care if I want to listen to good music. These people hate that I spend my money on bands I like, rather than no-talent pop-sensations. These people do not represent legitimate artists and recording companies - these people represent parasites, who take advantage of artists in able to fill their own pockets.

    I can't use Audiogalaxy now. It got turned into a pay-service, and copyright restrictions wrecked the entire service. I buy far fewer records now, because I have less exposure to new artists. My friends still recommend bands to me; I'll read about a show someone went to in their livejournal, and I'll download an mp3, and if I like the band, I may end up buying a CD or some concert tickets. I'm a pirate, a felon, and a thief for that. This is insane.

    Yes, there will be people out there who will never buy music, ever. They'll steal mp3s and burn hundreds of CDs. Whatever. There are people out there that pirate dvds, too. Yes, it does hurt the industry. What will hurt the industry more, though, is clinging to outdated business models and preying upon the artists that provide the foundation for the entire industry. These mega-corps could be capitalising upon free advertising, diversifying their portfolios. They could have a Spears for every genre going platinum, and without having to spend millions on full-page ads in Vanity Fair and putting giant billboards up in Times Square.

    It won't happen. The big-wigs will continue to bleed their artists dry and fight all calls for change. And I'll continue to steal mp3s, listen to who I like, and buy CDs from talented artists who can't whore themselves out on Coca-Cola commercials, people whose success is based on actual artistic merit. So it goes.

Those who can, do; those who can't, write. Those who can't write work for the Bell Labs Record.

Working...