Berman Bill Dead in the Water? 210
Masem writes "Last summer, Rep. Howard Berman (D-CA) introduced a bill that would legitimize computer attacks by copyright owners on those users that they believed were illegally trading copyright material; the bill recieved a fair amount of criticism for the potental viligante tactics it suggested. That session of Congress ended without resolution of the bill, though Rep. Berman promised to reintroduce it this session. However, the LA Times reports that support for the bill is nowhere as strong as before, and many believe that laws already exist that allow copyright owners to punish illegal traders; as a result, Berman appears to be unwilling to support the bill further. For example, while the MPAA supported the bill, some of the liabilities introduced into it to punish those copyright holders that went too far in their attacks were too much for the Hollywood group." Unfortunately, the LA Times site requires registration.
Eh ... (Score:4, Funny)
Re:Eh ... (Score:2)
Here's your reciept for the potential cyber P2P terrorist... We found a copy of 'William Shatner sings Mr. Tambourine man' under the title of 'awesome lord of the rings matrix spoof'
Re:Eh ... (Score:2)
He's the scriptwriter on Star Trek, and if drowns the next movie won't suck quite so bad...
LA Times password (Score:5, Informative)
Or I could just post the whole thing.
Rep. Berman May Not Revive Internet Piracy Bill
By Jon Healey, Times Staff Writer
Rep. Howard L. Berman said he may abandon his controversial proposal to help Hollywood battle Internet piracy, in part because of complaints from an unexpected source: Hollywood.
Berman (D-Van Nuys) introduced a bill in July to give movie studios, record companies and other copyright holders limited immunity from lawsuits if they used technology to block piracy on file-sharing networks such as Kazaa or Gnutella. The immunity would not have applied to tactics that damaged users' computers or legitimate file-sharing activities.
The measure, which died when Congress adjourned last year, drew heavy flak from consumer advocates who said it would encourage copyright owners to become network-snarling vigilantes. Nevertheless, Berman was widely expected to try again this year with a revised version of the bill.
This week, however, Berman said he may not revive the measure. For one thing, copyright holders may not need extra protection to combat file-sharing piracy, he said. And though Berman wasn't deterred by complaints from consumer advocates, the concerns voiced by Hollywood studios -- among the biggest beneficiaries of the bill, given their active anti-piracy efforts online -- suggested that Berman was climbing out on a limb by himself.
In particular, Hollywood's enthusiasm for the bill was dimmed by Berman's insistence on imposing new liabilities on copyright holders that go too far in attacking pirates. "And if they're not for it," Berman asked, "where am I going?"
His comments came in an interview at a conference on copyrights and consumer rights at Intel Corp. in Santa Clara, Calif. "It still may be worth doing," Berman said of the proposal, "but realistically, a bill like this isn't going to zip through Congress."
Rich Taylor, a spokesman for the Motion Picture Assn. of America, said "the essence of the legislation makes all the sense in the world." However, some MPAA members were concerned about the new liabilities, and some doubted the need for the bill, he said.
"There were no self-help actions being taken in violation of state or federal laws," Taylor said.
Bothered by the use of "extra"... (Score:3, Interesting)
Is this a refernece to things such as Palladium, "Trusted Computing", and DRM?
Re:Bothered by the use of "extra"... (Score:2, Insightful)
No, I think it was a reference to using the protections of existing laws instead of creating new ones.
Requisite Google link... (Score:4, Informative)
Re:Requisite Google link... (Score:2)
The answer is... (Score:3, Informative)
LA Times password - 2nd tier Karma Whoring (Score:5, Informative)
username: nopass
password: nopass
works on most newspaper sites....
pretty easy to remember...
:P
Re:LA Times password - 2nd tier Karma Whoring (Score:2)
Quite unfortunate... (Score:2)
And though Berman wasn't deterred by complaints from consumer advocates, the concerns voiced by Hollywood studios -- among the biggest beneficiaries of the bill,
Why is that the only concern is whether some of the big sponsors are against a bill? (I know it's a rethorical question... but still). Who the hell elected this guy, may I ask?
I think representatives chose to ignore the voters, because they lack competition... I/my family strongly dislike our state Senator. We voted for her opponent, but she was not even close to winning.
hrm (Score:5, Interesting)
hrrm
Re:hrm (Score:5, Insightful)
Re:hrm (Score:3, Insightful)
Re:hrm (Score:3, Insightful)
Taxes: You have to keep your personal funds separate from your corporate funds. In most cases this is done simply by paying yourself a salary. That salary is taxed. If you don't pay yourself a salary, the IRS and SEC are going to start wondering how you're buying your groceries.
Murder: The perpetrator of the crime will go to jail, and hopefully do the "electric dance". The corporation won't. The person will. You are that person. You commit a crime as a person and you will be tried for that crime as a person.
Re:hrm (Score:4, Informative)
I just wish they'd pass a law that says I can divide by zero. That would save me a lot of compiler errors...
Re:hrm (Score:4, Interesting)
How about this: Send an email to the host you wish to attack with a header that states that if they save it to disk, they are in violation of the liscense. Once the receive it, assuming they use a typical mailserver, they now in violation and feel free to attck!
Time to crack Echelon (Score:3, Funny)
I believe Echelon already possesses quite a few emails copyrighted by me.
Re:hrm (Score:2)
Re:hrm (Score:2)
Re:hrm (Score:2)
I'm bored with mine too, but it's traditional, coming in as I did during the era of the Great Slashdot Imposters.
Berman dead in the water... I wish. (Score:5, Funny)
What a let-down.
Re:Berman dead in the water... I wish. (Score:2)
Re:Berman dead in the water... I wish. (Score:2)
*sigh*
And what if... (Score:5, Interesting)
Goes without saying.. (Score:5, Funny)
Netcraft confirms it: the Berman Bill is dying
Another crippling bombshell hit the beleaguered RIAA committee when Slashdot confirmed that support for the Berman Bill was at an all-time low. The Berman Bill is collapsing into complete disarray, as fittingly exemplified by failing dead last in the recent Slashdot Popular Bill Poll.
You don't need to be a Kreskin to predict the Berman Bill's future. The handwriting is on the wall: the Berman Bill faces a bleak future. In fact there won't be any future at all because the Berman Bill is dying. Things are looking very bad for the Berman Bill. As many of us are already aware, the Berman Bill continues to lose support. Funding has dried up and red in flows like a river of blood.
All major surveys show that the Berman Bill has steadily declined in voter support. The Berman Bill is very sick and its long term survival prospects are very dim. If the Berman Bill is to survice at all it will be among RIAA executives and dabblers. The Berman Bill continues to decay. Nothing short of a miracle could save it at this point in time. For all practical purposes, the Berman Bill is dead
Re:Goes without saying.. (Score:2)
Re:Goes without saying.. (Score:2)
Spell check (Score:2, Funny)
viligante or vigilante
Re:Spell check (Score:2)
Re:Spell check (Score:2)
Why was this even considered? (Score:5, Insightful)
Re:Why was this even considered? (Score:2, Funny)
In the States, at least, you probably could "be allowed" to shoot a man who raped your girlfriend, IF you caught him in the act, had a competent lawyer, and pleaded temporary insanity. ("I wasn't thinking clearly, Your Honor. I just knew I had to stop him from hurting my girlfriend.")
This would be a very humorous analogy for the RIAA to make when they got sued. (Though in a civil suit it would almost certainly fail.) "But Your Honor, we just didn't know what else to do when we saw 1337h@x0r violating our poor little Britney's copyright. We reacted emotionally to stop him by any means necessary before that poor girl got hurt any more."
Re:Why was this even considered? (Score:2)
Re:Why was this even considered? (Score:2)
Re:Why was this even considered? (Score:2)
Err, self-defence?
I'm sorry, but your right hand does not count as a "girlfriend".
-
Re:Why was this even considered? (Score:2)
Re:Why was this even considered? (Score:2)
That's got to be about the worst analogy I've ever seen.
GPL source code is required to be labeled as such. You can use GPL software all you like and the GPL doesn't "infect" anything. You can even modify it use it yourself and there's no "infection". Your code never gets "infected" unless you actively decide you WANT to GPL it. Even if you do GPL some of your code it's still not "infected" because you are perfectly free to reuse/re-release your code non-GPL. And of course any further code you write can be non-GPL.
If you want to mix your code and someone else's code and distribute it then you need that other person's permission. If the other person's code is not GPL then your only choice is to track them down and offer them money. If the other code *is* GPL you have the same option to track the author down and offer them money, plus you have a second option to release your code under the GPL. You have an extra option you didn't have before.
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Re:Why was this even considered? (Score:2)
Move along, folks, nothing to see here.
what i want to know is.. (Score:4, Interesting)
Can i go to jail for installing a firewall and blocking all ports ?
Perhaps now, (Score:2, Troll)
His top contributors: (Score:5, Informative)
Congratulations, you're voting for politicians who openly take bribes. Back in my days, they at least did it in secret.
Re:His top contributors: (Score:2)
OR
It's not that they are bribes it's that the money SELECTS THE CANDIDATES ON THE BALLOT. You assume that these candidates are evil and will vote for anything for money. I assume these candidates got this money BECAUSE they supported these companies' views.
In other words, what Candidate have YOU supported lately.
Re:His top contributors: (Score:2)
Re:His top contributors: (Score:3)
Require 'em to print the list (with dollar amounts) of campaign contributors in the voter info booklet. That way those who care enough to vote will have the bribe list where they can't miss seeing it.
LA Times (Score:2)
Gee, why doesn't this surprise me....? (Score:3, Interesting)
On a different note, let the MPAA continue such proposals! The more people see the kind of system they want the more they'll see them as nogoodniks. You win over people on this issue in my experience by showing them over and over again that these aren't cool people, that they're really self-righteous tyrants. I have no sympathy for all of the leftists in Hollywood who have no problem lobbying for Socialism, but who complain when we "redistribute their wealth." You can't impose a welfare state on me and expect me to even give consideration to the idea that I might be doing something unethical by copying copyrighted works for myself or my friends.
My Rights Enforced Maybe ??? (Score:5, Interesting)
This said, does the Berman Bill give me the right to haxor into any site that I believe may be harboring this data?
Re:My Rights Enforced Maybe ??? (Score:2)
Re:My Rights Enforced Maybe ??? (Score:2)
Re:My Rights Enforced Maybe ??? (Score:2)
Thus, the only way for him to have a case would be if they stole his collection of those facts from him w/o his permission. If they got them from elsewhere, or if the aggregated individual facts he gave them, they're fine legally.
Re:My Rights Enforced Maybe ??? (Score:2)
Negotiating tactic (Score:4, Insightful)
sPh
Scorched Earth (Score:2, Funny)
viligante methods
Is this like the quote, "We had to destroy the village in order to save it"?
MjM
I only mod up...
Morpheus: (Score:2)
You think that's spit you're drooling?
Aha! (Score:2)
This post is © me and not intended for public display.
Copyright violation! Pay up Taco or I'll set your servers on fire, run over your dog and then sacrifice CowboyNeal to Lucifer!
My Communications w/ My Congressman Over Berman (Score:5, Insightful)
I have repeatedly criticised the bill to him on the grounds that it is prima facie impossible for a P2P vigilante to launch an attack against a file trader without collateral damage to innocents on the same network who necessarily suffer loss of quality of service simply by virtue of having to share bandwidth with one more person (the vigilante). In spite of several attempts to put this idea into much simpler terms than presented here, the message never seemed to get through to him. He remains confident that by writing the law to explicitly forbid damages to nonparticipating networks or computers, that this will somehow make it so. It sort of reminds me of the legends of a proposal in the Indiana legislature (though this is probably just a Kentuckian joke) that pi should be exactly 22/7. It may be physically impossible, but goldurnit, we're gonna write the law anyway!
So, basically what they would do is pass a law that made it legal for copyright owners to disrupt P2P networks, but write it in such a way that it would be impossible for the vigilantes to exercise that right because they couldn't do so without engaging in prohibited activity: namely reduction in QoS for users who were not participating in the exchange. It's either a fantastic example of pure congressional ignorance of technological (heck, basic physical) reality, or evidence of a level of cynicism previously unimagined; that they would spend all this time tossing a bone to the *AAs with a rubber band attached.
Re:My Communications w/ My Congressman Over Berman (Score:2)
In spite of several attempts to put this idea into much simpler terms than presented here, the message never seemed to get through to him.
Perhaps you could try describing it this way:
"Police could be authorized to use a shotgun on a gun-wielding murder suspect in a subway car, but even if they were able to kill only the perp, there would still be people injured by stray pellets, suffering loss of hearing from the noise of the blast, subjected to pathogens in the bodily fluids of the gunman, etc ad nauseum."
MjM
I only mod up...
Re:My Communications w/ My Congressman Over Berman (Score:2)
Re:My Communications w/ My Congressman Over Berman (Score:2)
Yeah, I guess you're right - that was a little overblown.
MjM
Indiana and pi (Score:3, Informative)
Actually, it damn near happened, as it was brought up for debate and passed in the house. The only thing that killed it was the lucky presence of a (real) mathematician who was there for other reasons, who had the time to "educate" the senators.
Some things never change.
Also, the math the sponsor introduces is convoluted and wrong, and he came up with 3.2.
Links: Here [acc.umu.se] and Here [umich.edu]
Re:My Communications w/ My Congressman Over Berman (Score:2)
Re:My Communications w/ My Congressman Over Berman (Score:2)
[OT] better approximation (Score:2)
If the MPAA sold artwork and had its way. (Score:4, Insightful)
Suppose a piece of artwork in a gallery is copyrighted. You take a picture knowing that doing so is illegal. Perhaps you even do this covertly. You go home and you reproduce the photograph life-size and hang it on your livingroom wall or something. You may show it to a few friends, but you're the only one who has it.
One evening, armed burgulars hired by the gallery break into your house, and steal the photo from you. Well, maybe under the words of the bill, they might just take photos of the the photo hanging on your wall, but they still broke into your house. Imagine if that were legal. Quite scary.
Oh yeah, I forgot the part where you go to jail and reimburse the gallery for breaking into your house and pay them whatever damages they incurred from the photo that was hanging on your wall.
Re:If the MPAA sold artwork and had its way. (Score:2)
But yeah, it was a stupid bill. Almost as stupid as Canada's media tax. I blame Canada.
Re:If the MPAA sold artwork and had its way. (Score:2)
You are a bit off. It would be more like if they suspected you had a copy of their artwork, they could break into your residence.
Say you made an original painting titled "Moaning Lisa" and the MPAA claimed they owned the copyright to a different work called "Mona Lisa" (The famous Mona Lisa with a mustache painted on). The name is similar, so you are immediately suspect. They call their goon squad, who then break into your apartment and smash everything up.
The next day, a lawyer visits your landlord and demands you be evicted, otherwise your landlord won't have the safeguards of the "safe harbour" provisions of the DMCA and can be sued under copyright laws. You get kicked out and your stuff is thrown into the street. Your only means of appeal is to find your landlord and sign a statement saying you didn't violate copyright laws, to which he has 14 days to respond.
Oh yeah, and you wouldn't be able to transport anything (not even bread you baked yourself) unless it has a special "MPAA approved" tag on it. Licenses for creating those tags start at one million dollars.
Don't worry, things are much worse than you think. ;-)
No accountability (Score:2)
To summarize:
"We want to be able to attack random networks who we THINK are using copyrighted works - but if we are wrong we shouldn't have to face the consequences."
Believe?? (Score:3, Informative)
Er, it's a plain fact that there are already laws for the punishment of copyright infringement. This makes it sound as if it's an unsolved mystery like sightings of UFOs or Bigfoot.
Woulda been the best law ever (Score:4, Informative)
Who wants to celebrate ? (Score:2)
Am I kidding?
um, would this really be wise? (Score:2)
Perhaps the death of this bill is better for the record industry. Think about it: if the RIAA can hack, then hackers' attention will be focused even more on the RIAA. Instead of DOSing their site, some script kiddie will find a way to *really* do some damage. Hell: it'd be funny to see their latest payola list on tsg [thesmokinggun.com]. I can see it now:
KRAP: $5000 for playing Avril Lavigne 300 times a day
WJNK: $10000 for playing anything by Britney
and so-on.
Oh, wait, they don't need to pay all those radio stations individually...one check made out to ClearChannel will do nicely these days...
Damn! I for one am upset (Score:2)
Why I wanted this bill... (Score:2)
Another issues is it makes hacking legal in some cases and with teh DMCA removing most of thouse rights, any place were tehy are permitted in law at least will allow 1st admendment free speach rights. Soon, publishing info about hacking might be like writing about parts of nukes in the 1950's. It would be entertaining to see 2600 go from "The Hacker Quarterly" to "The MPAA Advice Column"
I'm not worried about RIAA hacking my system. Its secure and they will just try script kidie stuff anyway. The system might even be a target since I do transfer a few mp3 [ozmp3.com] (but they are local bands who don't like the MPAA and their friends)
when they get around to passing it (Score:2)
Here's a good one check out this about CORDS [loc.gov]
" The U.S. Copyright Office Electronic Registration Recordation and Deposit System is the Copyright Office's system for registering claims over the Internet. Through the Internet, copyrighted works become available throughout the world instantaneously. As copying these digital works becomes easier, copyright protection is imperative."
Actually this could be cool, however following it to a illogical conclusion there are loopholes for massive abuse. A media file would have a locatable Digital signature that a filtering router could read. Check against a database for known bootlegs and you got your filter. (hmmm, run it on a linux box and finally get some RIAA/Evil use out of those longhaired geeks)
If no Digital sig is found then implant one and forward the file and new sig so the RIAA can add it to the registry for later review. Cause it could be a new burn of the latest N'Sync song or that one about Fred Durst telling Britney Spears to drop dead. you could plot the movement of files from user/site to user/site and show who gave what to who and when. You end up with a nifty tracking scheme.
This is a classic 'Man in the Middle' attack, one of those things the RIAA/MPAA wanted to do not so long ago.
Opps, You would have a way to hit them back. Say your ISP, the UofWhereEver goes and alters a music file with a fingerprint then they are subverting your property. If the file is legally obtained say self-produced then the original artist (you) will have a very clear case for copyright infringement. They will have created and distributed a reproduction of your recording for 'Commercial Gain' (acting as an agent for a speculative RIAA lawsuit), which is 99.94%, exactly the same as your copyrighted material.
So they have just violated Federal Copyright law by clandestinely adding a digital fingerprint. You can extract this new tag by doing a diff of the file against the orginal. Even a certain lackwitted judge in say Pennsylvania would be able to understand it then.
yes, this is three - The test continues and I get to offhandedly insult a boneheaded judge, daring contempt of court once more.
Yeah right (Score:2)
Re:Yeah right (Score:2)
LATimes login (Score:2)
You'd think these kids'd have learned how to spell "cipher" by now...
Re:Police? (Score:5, Informative)
This is not the same. For one the police are making the attack, not the 'victim'. Two this requires a court order or imediate need as decided by a police officer, which will later be reviewed by a judge.
Re:Police? (Score:4, Insightful)
The police are the government. The MPAA isn't.
Re:Police? (Score:2, Insightful)
*blink*
You're sure?
Low-Friction Incline (Score:2, Insightful)
Re:Police? (Score:2)
It's one thing if the police bust you, I've got no problem with that. But this is about letting the the RI/MPAA come after you.
This is more akin to your neighborhood watch group kicking in the drug dealer's door. Maybe that's not a bad thing, but let's leave it to the cops.
Re:Police? (Score:2)
Probably closer to the neighborhood watch kicking in a door that they think might belong to a drug dealer in order to see if the person who lives there is actually dealing drugs...
Even closer (Score:4, Insightful)
Re:Police? (Score:4, Informative)
Of course, dorm-wide searches with dogs are done (are they? I assume they are... I mean they're done in high schools...), which I guess is like what the MPAA is planning to do, but on the other hand, the MPAA / RIAA are not police. That is what we have to remember. Despite any shortcomings of the police, they are still public defenders, whereas the MPAA / RIAA are defending one thing only: the profits of their member companies. As such, they work for different masters and would be a lot less likely to be careful with your computer.
Re:copyright enforcement is important (Score:2, Insightful)
Re:copyright enforcement is important (Score:3, Insightful)
I believe the difference is in the scope of the "crime" being committed. While the entertainment cartels love to spout how many billions of dollars they are "losing" to "theft", they have never once proven any harm to their business. Indeed, they can't because their knee-jerk lawsuits and injunctions prevent any possibility for any data to be gathered that might prove otherwise!
Lessig said it best in The Future of Ideas [amazon.com] (a book I highly recommend to anyone with a desire to understand these topics):
This is not about "theft", "piracy" or even "crime". It is about control and the unproven, possibly mistaken, belief by the entertainment cartels that control of distribution == profit and their unwillingness to allow for the possibility that P2P == profit.
--K.
Another article (Score:2, Informative)
Re:!w00t (Score:2)
Perhaps the bill seemed like a good idea until Hollywood saw how many times the RIAA website was hacked after the bill was proposed. I imagine that the last thing the *AAs want to see is all out war between themselves and the Hacker community -- I wonder who would win?;)
Now if the *AAs can just be made to see that attacking individual filesharers is going to have just as big of a backlash as the Berman Bill would have, then perhaps they can get down to the business of finding a business model that will work in the era of p2p. I know that there are no easy answers, but attacking your customers definitely won't work. They may cower in fear at first, but eventually they will strike back. Scared and/or angry customers are not good for any business in the long run...
Re:!w00t (Score:2)
Little wonder there, eh? hehe
While I see little reason to hope that the entertainment industry will ever get a technological clue, their failure to get a sociological clue is utterly astounding. How can they fail to recognize that the people they tend to persecute are the people that make computers and networks work for the rest of the world? How can they fail to realize that, in a wired world, these people have the best chance of alerting their peers to the persecution? Basically, how can they fail to see the future that they're creating for themselves?
It's understandable (though not forgivable after this much time) that they can't wrap their minds around the technological issues they're up against. But it's incredible that they have yet to grasp the sociological ramifications of their actions. After all, success in the entertainment industry is dependent upon understanding sociology as a function of the current cultural environment. Cluelessness of this magnitude deserves its inevitable fate.
--K.
Re:I don't understand the republicans (Score:2, Insightful)
Re:I don't understand the republicans (Score:2, Insightful)
Re:Good (Score:4, Insightful)
Rider - An amendment, usually not germane, that it's sponsor hopes to get through more easily by including it in other legislation. Riders become laws if the bills they are attached to are enacted. The House, unlike the Senate, has strict germaneness rules, so riders are usually Senate devices to get legislation enacted quickly or to bypass possible opposition.
Legislation is usually mostly good with some bad, this was simply bad on it's own.
Re:Good (Score:5, Insightful)
Seriously, you can't paint all of Slashdot with one brush. Nope, it takes several brushes, multiple coats, and you still miss a few highly mobile spots. After all, you've got youngsters still in school, college students, and old hands with a decade or two or more of experience from the US, Canada, and other parts of the world. Some are going to be a bit naive, but not all of us.
As for the rider idea, sorry, it's been tried already. A version of this bill was first attempted as a rider to the USA PATRIOT Act. Congress had enough wisdom to detach it before the act was passed. A great pity for the cause of liberty that the whole act was not tossed in the round file.
It flopped as both a rider and a bill. I doubt it has a ghost of a chance of passing now without intervention from on high. Disney would have to do some serious shrub worship, both in financial contributions and a movie about a heroic planting on fire with a courageous crusade to topple evildoers worldwide.
"If this were a dictatorship, it'd be a heck of a lot easier, just so long as I'm the dictator."
George W. Bush, December 18, 2002
"The path of peace is yours to discover for eternity."
Japanese version of "Mothra" (1961)
Re:Good!?? (Score:5, Funny)
If this doesn't pass my plans are going to be reduced to a bad joke!
Re:Good!?? (Score:2)
Phase 1: Underpants/Seeding
Phase 2: ???
Phase 3: Profit
Sorry...had to get an underpants gnomes reference in there...
Re:LA Times and registration... (Score:3, Informative)
this seems to work for me in Opera and IE, even though Mozilla is my prefered browser
Berman is my congresscritter..... (Score:2)