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The Courts Government United States News

US To Push Criminalization of IP Violations 714

Dr.Hair writes " Soon to be ex-Secretary of Commerce Don Evans speaks out on 'piracy' just prior to his last trip to China for negotiations. 'That means criminalizing the laws as opposed to (having) just civil laws...You've got to start putting people in jail.' The article points out that this lust for prosecutions extends from Evans to his successor, the American Chamber of Commerce, and the US Senate. "
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US To Push Criminalization of IP Violations

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  • Right Alongside (Score:5, Insightful)

    by Stanistani ( 808333 ) on Monday January 10, 2005 @02:41PM (#11311979) Homepage Journal
    Now we can fill up our jails with even more people who are as dangerous as marijuana smokers...
    • Re:Right Alongside (Score:5, Insightful)

      by gspr ( 602968 ) on Monday January 10, 2005 @02:45PM (#11312018)
      Yep. At least it'll be easy to distinguish the dangerous people from the harmless "criminals". The harmless ones will be in jail for IP infringement / stealing food / doing weak drugs, while the others will be out killing people.
      Good to know where you have people.

      Either that, or we'll just cut health care to build new prisons!
      • Well, in Oregon, it's a little different. The Identity Theves and Meth Cooks/Addicts (which are usually both) go in jail for a few days and then get let right back out again.

        Personally, I think this whole thing will go the way of the last "Hacker Crackdown". There'll be a lot of buzz, a push for new legislation championed by big business (Ma Bell then, **AA/BSA now), and then it'll slowly fade to the background.

        • Re:Right Alongside (Score:5, Interesting)

          by stratjakt ( 596332 ) on Monday January 10, 2005 @02:56PM (#11312191) Journal
          They're pushing hard for "three strikes" laws, and at the federal level.

          This is really bad, because it takes away the one power a judge really has - the power to look at the merits of a case and decide an appropriate sentence.

          But, I read a story of some guy who was charged with disturbing the peace (he cussed out some kid working at a movie theater), and as his "third strike", he's now a lifer. His original two charges were nothing major, a couple assault charges that could probably be chalked up to drunken assholery.

          The bitch of it is, we all have to pay for all these convicts.
          • Re:Right Alongside (Score:5, Insightful)

            by EvilTwinSkippy ( 112490 ) <{yoda} {at} {etoyoc.com}> on Monday January 10, 2005 @03:10PM (#11312366) Homepage Journal
            Um, having been beaten up on several occasions by "drunken assholery" I can tell you the contusions, bruised kidneys, and being beaten to unconciousness so said drunk can joyride on your motorcycle still requires and emergency room stay, and still results in damaged property.

            And the funny part is, in neither case was it the chucklehead's first brush with the law.

            You get drunk and assault somebody, it's the same as if you were sober and assaulted somebody. You are still a fucking violent offender.

          • Re:Right Alongside (Score:5, Informative)

            by JDevers ( 83155 ) on Monday January 10, 2005 @03:10PM (#11312370)
            A 3 strike misdemeanor resulting in life? I don't remember ever hearing of disturbing the peace being a felony ANYWHERE in the US nor do I think any state has a three strikes misdemeanor law and definitely not one that results in life in prison.
            • Re:Right Alongside (Score:5, Informative)

              by ninewands ( 105734 ) on Monday January 10, 2005 @06:29PM (#11315104)
              Texas has a three-strikes misdemeanor law under which a third-offense Class B misdemeanor can be "enhanced" to a Class A. Similarly, a third-offense Class A misdemeanor can be enhanced to a third degree felony (2-10 years), so theoretical, a fifth-offense Class A felony could get you a life sentance.

              Now, Class A misdemeanors are, as a general rule, fairly serious offenses, seeing as how they are punishable by up to a year in jail and/or a fine of up to $4,000. Texas's Class A misdemeanors include Aggravated Assault, Negligent Homicide, and such friendly acts as Unlawful Restraint (a 'minor' form of kidnapping) and various theft/fraud offenses involving property having $500-$1500 in value.

              If someone is facing trial for a fifth offense for crimes of this nature maybe they SHOULD face a life sentence. Speaking in the abstract I really can't say.
          • by Simonetta ( 207550 ) on Monday January 10, 2005 @03:23PM (#11312565)
            This is so true.

            Someone could go to jail for life without parole for:

            1) Getting into a fight in the schoolyard when they're 16...

            2) Getting caught with the microscopic resin of cannibus on a pipe that they found on the ground..

            3) Listening to music on an iPod or Walkman...

            Of course, it goes without saying that no rich, white, republican kid will ever be bothered by this type of insanity that passes for justice in the USA. Only blacks, latinos, and middle-class whites will be subjected to the guiding light of the American justice system.

            It also goes without saying that the legislators who are pushing for these insane laws to be passed are being paid thousands of dollars in bribes ('campaign contributions') from the private prison corporations who will be making $30,000 a year for each new 'dangerous criminal' serving life-in-prison-without-parole in a corporate prison.

            If you are a citizen of the European Community or some other stable country with a basic tradition of justice, don't come to the USA. Don't even visit here. It's just too dangerous. The republicans have just gone fucking nuts. Visit Canada (in the summer) or Mexico (in the winter). Avoid the USA. Seriously.
            • by Wateshay ( 122749 ) <bill@nagel.gmail@com> on Monday January 10, 2005 @04:00PM (#11313095) Homepage Journal

              Someone could go to jail for life without parole for:

              1) Getting into a fight in the schoolyard when they're 16...

              2) Getting caught with the microscopic resin of cannibus on a pipe that they found on the ground..

              3) Listening to music on an iPod or Walkman...


              1) Unless the crime is especially heinous and results in trial as an adult (e.g. premeditated murder), the schoolyard fight would be expunged at age 21.

              2) In most places, a first offense for possession of small amounts of marijuana is a misdemeanor.

              3) I don't see anyone suggesting that possession of copyrighted works be criminalized. Hell, it's not even an actionable civil issue in the U.S. The only thing that's going to possibly get you in trouble is distribution.


              Of course, it goes without saying that no rich, white, republican kid will ever be bothered by this type of insanity that passes for justice in the USA. Only blacks, latinos, and middle-class whites will be subjected to the guiding light of the American justice system.


              Well, since nobody--black, white, rich, or poor--will be subjected to the insane suggestion you make above, there's not really anything more I can add to this.


              It also goes without saying that the legislators who are pushing for these insane laws to be passed are being paid thousands of dollars in bribes ('campaign contributions') from the private prison corporations who will be making $30,000 a year for each new 'dangerous criminal' serving life-in-prison-without-parole in a corporate prison.


              Well, since most states don't even have privately owned prisons, I somehow doubt Congress is cooking up laws aimed solely at providing more inmates to the private prison system.


              If you are a citizen of the European Community or some other stable country with a basic tradition of justice, don't come to the USA. Don't even visit here. It's just too dangerous. The republicans have just gone fucking nuts. Visit Canada (in the summer) or Mexico (in the winter). Avoid the USA. Seriously.


              You obviously know nothing about how things really work in the U.S. If you seriously think Mexico is a safer place to travel than the U.S., you're the one who's gone "fucking nuts".
          • by serutan ( 259622 ) <snoopdoug@RABBIT ... minus herbivore> on Monday January 10, 2005 @05:34PM (#11314399) Homepage
            Cellmate A: robbery, assault with deadly weapon.
            Cellmate B: downloaded Eminem on BitTorrent.

            Figure it out.
      • Re:Right Alongside (Score:3, Insightful)

        by Phisbut ( 761268 )
        China has "got to start putting people in jail" to show it is serious about cracking down on widespread counterfeiting and piracy that costs U.S. companies billions of dollars in lost sales every year, a top Bush administration official said.

        And of course, China has a real incentive of making sure U.S. companies don't lose money... I mean... of course, let's all bow down to Dubya, the great leader of Earth.

        • A minor point (Score:5, Insightful)

          by TiggertheMad ( 556308 ) on Monday January 10, 2005 @03:47PM (#11312919) Journal
          I was reading the parent's quote that we are telling China to put more people in prison for IP violation. At the same time, the US has been pressuring China over human right issues. I guess the message we are sending them is something akin to, 'Throw more people in jail, but be nice to them, too.'
        • China has "got to start putting people in jail" to...

          expand the Walmart workforce.
    • by MrRuslan ( 767128 ) on Monday January 10, 2005 @02:45PM (#11312025)
      Yea.. Marijuana smokers are so dangerous that everytime my freind gets busted by the cops they take his weed and go smoke it a few blocks away.
    • by Capt'n Hector ( 650760 ) on Monday January 10, 2005 @02:46PM (#11312046)
      Pothead: *takes a drag from joint* "Hey kid, what are YOU in for?"

      Pirate: "20 years. The new Britney Spears album."
    • by handy_vandal ( 606174 ) on Monday January 10, 2005 @02:50PM (#11312107) Homepage Journal
      Now we can fill up our jails with even more people who are as dangerous as marijuana smokers...

      Oh, that's fuckin' great -- IP violaters and pot smokers, cheek to jowl in the showers.

      God only knows what kind of criminal masterminds are breeding in those prisons ....

      -kgj
    • Re:Right Alongside (Score:2, Insightful)

      by Telastyn ( 206146 )
      And to echo some overly paranoid/cynical comments: "Now the MPAA can prevent 'pirates' from voting against their friendly senators, similarly to marijuana convicts who are now unable to vote against the war on drugs."
    • Re:Right Alongside (Score:5, Informative)

      by Feynman ( 170746 ) on Monday January 10, 2005 @02:54PM (#11312166)
      RTFA, which begins, "China has 'got to start putting people in jail.'"
      • Re:Right Alongside (Score:5, Informative)

        by Alsee ( 515537 ) on Monday January 10, 2005 @05:31PM (#11314366) Homepage
        Yeah, to bring China's laws into compliance with our criminal copyright laws. US rarely enforces felony copyright, but several TENS OF MILLIONS of American technically belong in prison right now under the insane N.E.T. act. In particular it redefined [cornell.edu] US CODE TITLE 17 (Copyright) CHAPTER 5 506. Criminal offenses Criminal Infringement [cornell.edu] such that "(1) for purposes of commercial advantage or private financial gain" now includes simple P2P use.

        Yep, if you use a P2P program and upload a single file and download a single file, you are now deemed to qualify as a commercial enterprize engaging in industrial scale copyright infringment for financial gain. Criminal Infringement.

        But heay, on the bright side the penaltys [cornell.edu] for only uploading a single copy of some song the maximum sentence is just a year in prison. You have to hit "at least 10 copies or phonorecords, of 1 or more copyrighted works, which have a total retail value of more than $2,500" before you qualify for 5 years in prison.

        On the other hand you can get 10 years in prison if it is your second offence, say uploading a single copy of the copyrighted song "Happy Birthday".

        Yep, get caught for uploading and downloading a single song, then get caught uploading and downloading a single song a second time, and you are eligible to 10 years in prison.

        -
    • Sounds like we better hope that no one patents a strain of marijuana. You'd get the freaking death penalty for violating that.
    • by EmbeddedJanitor ( 597831 ) on Monday January 10, 2005 @02:56PM (#11312192)
      I don't think so. As more and more people and business inhabit "cyberspace" it is important that "cyberlife" gets protection equivalent to RealLife(tm).

      Is breaking into a person's server or blogsite and messing with the contents any different from breaking in to a person's house/business and messing around? In both cases peoples "space" and privacy have been violated.

      Is defacing a website any different from spraying graffiti on someones walls?

  • yep (Score:2, Funny)

    by t_allardyce ( 48447 )
    I totally agree - we've got to start putting people like him in jail...
  • by overshoot ( 39700 ) on Monday January 10, 2005 @02:42PM (#11311992)
    Well, as long as they're consistent. Looks like maybe Bill Gates will be doing some hard time for the Burst patent violations, right?
  • by jobsagoodun ( 669748 ) on Monday January 10, 2005 @02:42PM (#11311994)
    We lead the way in crypto-facism this time!
  • Why? (Score:3, Insightful)

    by Anonymous Coward on Monday January 10, 2005 @02:43PM (#11312004)
    China has "got to start putting people in jail" to show it is serious about cracking down on widespread counterfeiting and piracy that costs U.S. companies billions of dollars in lost sales every year, a top Bush administration official said.

    Why should China want to stifle it's own economy just to please Bush?
    • Huh? (Score:3, Insightful)

      by paranode ( 671698 )
      This isn't about Bush at all. This is about Hollywood wanting more money and China building an economy off of illegally reproduced and distributed material.

      You can hardly make this into a vast right-wing conspiracy by mentioning Bush when practically everyone in Hollywood is a Bush-hating left-winger.

    • It's not just to please Bush, it only seems that way, because it's just to please those whom Bush does everything just to please. Bush is not the cause and this the effect -- both are the joint effects of a common cause.
        • China has "got to start putting people in jail" to show it is serious about cracking down on widespread counterfeiting and piracy that costs U.S. companies billions of dollars in lost sales every year, a top Bush administration official said.

        Why should China want to stifle it's own economy just to please Bush?

      Better yet why should we be telling China to throw more people in jail when we also complain about them throwing people who disagree with them in jail? (I'm talking about political prisoners, w

  • lovely. (Score:3, Funny)

    by LordNokia ( 776881 ) * <<4trw> <at> <qlink.queensu.ca>> on Monday January 10, 2005 @02:43PM (#11312005) Homepage Journal
    That's just great. Put me in with the rapists, murderers, high level drug dealers... do what you've done to low level potheads for years. Throw me in with the rest. Though I'm not a criminal now, when I come out, I will be. "and I say to myself... what a wonderful world" (I was going to rant about this. I restrained myself)
  • hmmmmmmmmmm (Score:5, Funny)

    by mwhahaha ( 172475 ) <mwhahaha@@@vt...edu> on Monday January 10, 2005 @02:44PM (#11312016)
    "The bottom line for us is prosecutions, prosecutions, prosecutions," Brilliant said. "That is going to require getting into local provinces and addressing some of the corruption that exists."
    developers, developers, developers?
  • by Anonymous Coward on Monday January 10, 2005 @02:45PM (#11312019)
    I for one agree with the largely European stance of no IP/software patents. I agree with RMS on the values of sharing. Before long, and at this rate, companies will literally own the government. The srtong lobby for software and IP in general serves only to line people's pockets.
    The socialists are right on this one.
    And don't even give me that crap about the poor programmer who is trying to earn a living. I, too, work in IT and have a family to support. In the end, IP serves to hurt the people rather than help them. The only people it helps are the shareholders and lawyers who prosecute and defend.
    • by mspohr ( 589790 ) on Monday January 10, 2005 @02:54PM (#11312165)
      "Before long, and at this rate, companies will literally own the government."

      I don't know if you've been paying attention, but the companies took over the government some time ago. Both of our USA political parties jump to meet the needs of business. Voters are bought with lies broadcast in the media (and paid for by business).

      You purpose in life here is to work hard (or go into debt) so that you can buy as much stuff as possible.

      Any questions?... get back to work and stop wasting time.

      /Mark

  • by paranode ( 671698 ) on Monday January 10, 2005 @02:45PM (#11312022)
    I think that people who break IP laws to a great degree probably should be punished to an extent with criminal law. However, there should be a clause that the person did it intentionally and with intent to defraud, because you don't want to be hauling Granny off to jail after the MPAA sues her because her grandkid installed Kazaa or something. Another thing that seriously needs reform is the maximum civil liability for these acts and that jail time be reasonable for the crime (not 15 yrs in federal prison).

    Sadly, as long as politicians are getting big contributions from the entertainment industry, the outlook for this kind of law is not so good because the real motivations are hidden and corrupt.

    • Personally, I enjoy how nearly all the discussion regarding IP law comes down to campaign finance reform.

      Truth be told, I'm cool with criminalizing IP violation *with intent to defaud* as well -- so long as the rider on that bill criminalizes anyone involved in the sale or purchase of political influence for capitol.

      Cheers,
      -- RLJ

  • by Concern ( 819622 ) * on Monday January 10, 2005 @02:46PM (#11312033) Journal
    For all the people who haven't thought this through yet:

    When they come to lock you up, no one is going to stand up for you. Maybe the EFF will send you a Christmas card in prison.

    The propaganda has worked. No one in the public at large has any notion of the rights and freedoms they are in the process of losing, let alone what they mean.

    Society is 100% ready to accept zero-privacy, expensive, addled DRM solutions. They will have no sympathy for anyone doing a 4-8 stretch for "downloading." With one deft push from Comrade Gonzales, they will all line up to throw tomatoes at "developers of illegal software."

    My advice for you all is to read early accounts of the rise of the Soviet state, and/or especially the transition years in Eastern Europe. Totalitarianism has a very recognizable feel, even in the very beginning, before you can barely feel its grip, you can smell it's breath long before it starts to squeeze.
    • Say, if you run low I've got a whole new roll of tinfoil. :-)

      Seriously though, do you think this push for punishment stems from a lust to control, or is it more readily explained as the natural progressoin of capitolism's affects on politics when campaign contributions go unchecked?

      Cheers,
      -- RLJ

  • misleading (Score:4, Informative)

    by sum.zero ( 807087 ) on Monday January 10, 2005 @02:46PM (#11312035)
    this title and /. article is highly misleading. did the poster rtfa? this is about the usa pushing for china to start putting people in jail for counterfeiting. that IS widely acknowledged as "piracy." sum.zero
  • In China (Score:5, Informative)

    by comedian_999 ( 745985 ) on Monday January 10, 2005 @02:46PM (#11312038)
    For a change, I RTFA. They're pushing for the Chinese to start putting Chinese counterfeiters in jail under the rules of Chinese law.

    While it might be a short leap for the same people to start calling for the criminalization of copyright infringement in the US, that's not what we're talking about here.
  • So that's why he's going to China. He wants to put people in jail in the US for spreading "illegal" ideas, just like they do.
  • by stratjakt ( 596332 ) on Monday January 10, 2005 @02:47PM (#11312049) Journal
    Jail doesn't work.

    They call it the Department of Corrections, which is pure political bullshit. They've never corrected anything.

    It's necessary to remove violent offenders from society for societies safety, but repeat offenses are high. Being in prison doesn't "teach" or "fix" or correct the problem.

    Yet in America, we've set the system up so that virtually every last citizen belongs behind bars under the law.

    We can start jailing kids for running kazaa, and it won't solve the problem.

    It'll just increase the tax burden for the handful of people who manage to not get caught.

    Everyone has done one of the following: tried drugs, infringed a copyright, exceeded the speed limit, drank alcohol underage, bought a violent video game for someone under 18, etc...

    Why don't we just run razor wire along the coasts and borders, and declare everyone incarcerated?
    • There is a very good reason for this. The prison-industrial complex is made up of companies that make lots and lots of campaign donations. In return for this, they get more and more legislation guaranteeing them more inmates.

      When prison is a for-profit venture, rather than a safe-society venture, then the powers that be have a vested interest in throwing as many people in jail as possible. The number one purpose of our prison system is not rehabilitation, correction, safety, or even punishment. It is t
      • There is a very good reason for this. The prison-industrial complex is made up of companies that make lots and lots of campaign donations. In return for this, they get more and more legislation guaranteeing them more inmates. When prison is a for-profit venture, rather than a safe-society venture, then the powers that be have a vested interest in throwing as many people in jail as possible. The number one purpose of our prison system is not rehabilitation, correction, safety, or even punishment. It is to t
    • by Sheetrock ( 152993 ) on Monday January 10, 2005 @03:06PM (#11312320) Homepage Journal
      Why don't we just run razor wire along the coasts and borders, and declare everyone incarcerated?

      I have no doubt that should this come to pass there is a sizeable group here who would firmly believe that we have finally tried the rest of the world, found them guilty, and thrown them in the clink.

    • by 99BottlesOfBeerInMyF ( 813746 ) on Monday January 10, 2005 @03:15PM (#11312439)

      Everyone has done one of the following: tried drugs, infringed a copyright, exceeded the speed limit, drank alcohol underage, bought a violent video game for someone under 18, etc...

      Your point is well taken but in most locations none of the things you listed will currently get you jail time. An important broken link in your criminalization chain is the police. The job of the police is to enforce the law through arrests and investigations. They only enforce a very small subset of the laws because the police don't really have much better of an idea what the laws are than the average citizen. They enforce the laws their bosses tell them to, and don't bother digging through law books for other things that are criminal.

      I've always taken issue with the staggering number of incomprehensible, obscure, and contradictory laws. We certainly are all breaking laws on the books every day. Every child in our country knows that it is not fair to be punished for something that one was not informed was against the rules. If you tell any man, woman, or child that all the rules they need to follow are gathered in the three sets of legal volumes, consisting of millions of pages, stored in three different locations and written in a mishmash of english, old english, and latin, every one of them will realize the ridiculousness of being held responsible for breaking one of those rules. Instead we all follow a "common law" that is an amalgamation of rumors, common sense, and here-say. If the television show "Law and Order" were to start making up new laws and showing them being enforced, half the police officers and citizens in the country would start believing that they actually existed. Heck, some of the lawyers would buy it too. Hammurabi wrote his laws on a pillar in the center of town. We can't even find a list of ours in plain English. No one knows what all the laws are, and no one can be held morally responsible for violating them. Until the system changes drastically, ignorance is indeed an excuse.

      I happen to know the legal expert on weapons in my state. He is a very successful lawyer who specializes in cases of concealed weapons and weapons violations. I asked him one day if it was legal to carry a pocket knife, and if so, how large. His answer, "No one knows." There are three contradictory laws listing legal blade lengths and one that specifically guarantees everyone the right to carry a hunting knife without specifying what that is. Other laws say that you can carry a blade so long as it is hidden, not hidden, shorter than a given length, or not for malicious purposes. His legal advice was that it is fine to carry a knife, but to be safe you should carry one shorter than 2.75 inches and keep it concealed. That violates two laws, but is in accordance with three. If it ever goes to court he claims that he will not have any problem showing that the laws contradict, and thus can't be enforced, which he has done in the past.

      And that is a perfect example of why laws or more or less arbitrary and not worth looking up for a layman.

    • by aralin ( 107264 ) on Monday January 10, 2005 @03:24PM (#11312583)
      In a closed society where everybody's guilty, the only crime is getting caught. In a world of thieves, the only final sin is stupidity. - Hunter S. Thompson
    • by hackstraw ( 262471 ) * on Monday January 10, 2005 @04:14PM (#11313289)
      Jail doesn't work.

      Sure it does. It maintains status quo for those who make the rules and those that pay for the rules to be written -- rich people and corporations.

      The US currently incarcerates more people per capita than any other country. To me, its an indicator of how fragile our society really is. I mean apartheid was maintained with fewer people in prison than the US society. I believe that its almost 2% of the US total population is either incarcerated or on parole or somehow else "in the system".

      Its also interesting that jails and prisons are pretty much populated with poor uneducated people. A bright person with money can be much more successful than one without those qualities to either avoid getting busted in the first place or escape incarceration in the event of getting busted. Regardless of the truth of OJ's guilt or innocence, he would be in prison if he were not a multimillionaire.

      What's sick is that we simply put up with this crap. Americans used to be headstrong people that stood up for their beliefs. We came here mostly due to persecution in one form of another. We used to have sayings like "taxation without representation" and whatnot. I guess one thing that makes these control efforts more successful today is that they do tend to prey on uneducated under-financed individuals.

      The perfect example is incarceration for "illegal" drug possession. More lower middle class white people do drugs than any other group, but jails and prisons are predominately occupied by lower class non-whites.
  • by fiannaFailMan ( 702447 ) on Monday January 10, 2005 @02:47PM (#11312056) Journal
    Imagine the reaction if senior Chinese officials started calling for the internal laws of the US to be altered to suit Chinese business interests.
    • by cfulmer ( 3166 )
      The problem is that it is extremely difficult for a US company to actually collect on a judgement against a (red) Chinese citizen -- the Chinese courts are very loathe to allow US companies to collect monetary damages from Chinese interests. Criminal laws don't have the same problem, as it would be a Chinese prosecutor.

      Criminal charges for copyright infringement are really a bad idea -- civil courts allow the copyright owner to decide whether to enforce a copyright. The civil requirement also more/less a
    • Moot Point (Score:3, Insightful)

      by WebCowboy ( 196209 )
      Fact is, it is extremely unlikely that the Chinese would request that the US alter its laws.

      That's because US laws are already quite favourable to Chinese business interests. Furthermore, US Corporations generally bend over backwards to accomodate their Chinese hosts. In terms of potential market size, US is a big fish, but China is a whale. Guess who's going to set the rules of the game?

      In any case, I think we are beyond telling China to play by our rules or we'll take our marbles home, because they h
  • Well, this might be a little early to be reading in what we're reading in, but as a side note the worst part of this is that if it goes through we'll be in effect paying the court costs of the *AA because prosecutors will be taking the cases.

    On the other hand, at least the unjustly accused won't be run out of court for lack of council. The state will provide it.

  • I'm honestly not for software piracy but this seems to pinch a nerv a bit.

    We're filling up our jails with Pot users and Pirates. When does this start seeming to be a waste of taxpayer's money?

    Looks like a way to reduce further tax revinue and increase costs to the (now fewer in number) tax payers.

    Great job guys.
  • by Tackhead ( 54550 ) on Monday January 10, 2005 @02:49PM (#11312091)
    These rules are meant to be broken. In both senses of the word.
    "Did you really think that we want those laws to be observed?" said Dr. Ferris. "We want them broken. You'd better get it straight that it's not a bunch of boy scouts you're up against - then you'll know that this is not the age for beautiful gestures. We're after power and we mean it. You fellows were pikers, but we know the real trick, and you'd better get wise to it. There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens' What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted - and you create a nation of law-breakers - and then you cash in on guilt. Now that's the system, Mr. Rearden, that's the game, and once you understand it, you'll be much easier to deal with."

    - Ayn Rand, Atlas Shrugged

    The most useful kinds of rules are the ones that everyone violates, and that are therefore unworkable. In other words - rules are made to be broken.

  • Those in glass houses should not throw stones.
  • This is probably a very very bad idea. While I do like the idea of putting someone in jail when they violate the GPL, my suspicion is that certian copyrights would be regarded as more important than others, namely those belonging to big corporations that contribute to campaign funds.
  • So given this change of policy, how many years would Bill Gates get in the slammer?

    Or would this law only apply to those not affiliated with a large corporate entity?
  • Great. (Score:5, Insightful)

    by American AC in Paris ( 230456 ) * on Monday January 10, 2005 @02:51PM (#11312125) Homepage
    Because the one thing we need [csmonitor.com] in this nation is more inmates [usdoj.gov].

    Remember, kids, it's all about being tough on crime. If, for some inexplicable reason, crime continues to exist--you're simply not being tough enough. Throw more people in prison; make the sentences longer to keep 'em there. To hell with reform; make sentences punitive and harsh for the sake of scaring people straight. It'll work eventually, right?

    1 out of 37 Americans have served time in prison. Our incarceration rates continue to skyrocket. How much more will it take for people to throw their hands in the air and say "Enough!"?

    • Re:Great. (Score:4, Insightful)

      by radtea ( 464814 ) on Monday January 10, 2005 @03:26PM (#11312602)

      Things like incarceration are driven by ideology, not rationality. The U.S. has a high incarcertation rate because a majority or sizable minority of Americans really believe against all evidence that putting people in jail is an effective means to combat crime. It just "feels right" or "makes sense" that the threat of jail will reduce crime.

      Once you realize that this is an ideological or religious argument (epistemologically ideology and religion are indistinguishable) you'll realize that no practical consequences will ever have an effect on people's beliefs in this regard. The fact that Christ never comes back doesn't deter Christians from believing he's going to Real Soon Now. The fact that non-democratic socialist countries were abject economic failures didn't stop ideologues from claiming that non-democratic socialism was more efficient.

      So until there is a major ideological shift in the U.S., and parents start teaching their children that the threat of jail doesn't have a big effect on crime, but reduction in poverty does, we'll continue to see the "paradox" of high crime and high incarceration rates in the U.S.

      --Tom
  • Maybe they want to criminalize it so extradition treaties will force other countries to send "pirates" to US jails. If an extradition treaty is ever finalized with China they'll be obligated to round up anyone the US finds violating the law.
  • this will really test the threat of jail time as a deterrant... (personally, i don't believe it.)

    i don't see the point though, unless it's easier to convict a criminal case than a civil case and this would enable more criminals to be convicted... people pirate stuff to make money. they aren't out to physically harm people... they also know it's illegal... it's not like they decide that they will pirate since it's not criminal but a civil offense and stop pirating if it became criminal.

    what good does it

  • RTFA (Score:3, Informative)

    by mrbcs ( 737902 ) on Monday January 10, 2005 @02:53PM (#11312145)
    They are talking about putting Chinese in jail. Big Brother already lives on this side of the pond.

    Bush was up here in Canada last month (i think) twisting the arms of the Canadian Government to stop the sale of drugs online. Our gov't agreed and shut down a bunch of retailers losing about 4500 jobs in the process. So much for being an autonomous nation.

    Coincidentally, the very next day, our beef was now allowed back over the border into the U.S. Even when they found ANOTHER case of BSE the very next day. hmmm. One was enough to kill our industry last year.. but this one's ok? I smell a rat.

    As our now dead ex-Prime Minister Trudeau used to say, "Living next to America is like sleeping with an elephant."

  • Put all the grammas and the 13 year olds in jail with the murderers. It's all the same. We don't want the "poor" label owners and producers to miss out on that new Ferrari, that would be a crime to leave them "unfulfilled". The artists who are underpaid will remain underpaid, it's the big guys upstairs who don't want to take a small cut in the million dollar salaries. They have all the legal and political connections. I am not saying the guilty shouldn't be punished but jailtime is a little too much.
  • by N3wsByt3 ( 758224 ) on Monday January 10, 2005 @02:55PM (#11312179) Journal
    The IFPI/RIAA/MPAA and it's current USA puppet the bush-government (and a lot of senators and other so-called representatives of the people) is fighting a lost cause. And I think they know it. If they would act specifically against mass-counterfeiting for commercial purposes then, certainly when health issues are at stake, it might have some validity, but everyone knows such laws will be used against all others as well, before you can blink your eye. And yet, it will go as with the war on drugs: something you can never beat, and something that is sustained with unvalid reasonings and making a lot of FUD.

    First off all, I have difficulties with their acclaimed 'stealing' of music/movies. As far as I know, stealing implies that the one that has been stolen has been derived of something. When you take a copy, you do not take the original away, thus they have not 'lost' anything. They might claim that they loose money when ppl d/l music, but even that is far from certain.

    Not only is it not shown statistically to have had that effect (they didn't even show a correlation thusfar - see aussie music-news - let alone a causality). Furthermore, in an individual case, they would have to show they actually lost revenue. Which is far from said, because I sure know some guys who d/l music, but would NEVER have bought that music if they were unable to d/l it. So, how did the RIAA/IFPI loose revenue, exactly? And if they didn't lose anything, how can the term 'stealing' apply?

    It would still be copyright-infringement, ofcourse, but that's another matter. I think maybe it's time we went beyond our current system of copyrights and walk into the era of cyberspace. With the industrial revolution, patents and copyrights knew a high flight, maybe it's time to let it leave and try something new? Maybe something in the lines of this: fairshare (http://cvs.sourceforge.net/viewcvs.py/*checkout*/ freenet/website/pages/fairshare.php?rev=1.1).

    And don't worry, contrary to what the RIAA claims, musicians will not starve to death, and music-making will not stop. We had music long before we had copyrights, and we will have music long after copyrights have vanished from the scene.

    And lastly, it's something that *can not* be stopped. P2P progs and their development act as organisms that follow the darwinian rules of survival. When Napster was 'killed' by the RIAA, immediately others (like kazaa) took over, being more resistent to attacks from the RIAA&co. Whenever kazaa will be shut down, others again will take over. When endusers are targeted, systems that protect the user will become dominant (like FreeNet).

    It really is a lost cause. But then again, they are not truelly battling for the survival of musicians (as I said; they will survive, just as they used to do), it's for their OWN survival they are fighting. There is no way in hell they are going to keep the giant profits that they have been gathering for the last decades.

    But ultimately, they will have to do what P2P systems are already doing: adapt to the new circumstances (and forget about the former levels of profit), or whither and die.

  • by ShamusYoung ( 528944 ) on Monday January 10, 2005 @02:57PM (#11312197) Homepage

    So the Chineese govt. murders 800-2600 peaceful protesters [wikipedia.org] in Tiananmen Square in Peking in 1989. They fobid women from having more than one child and force millions of Chineese women to have abortions. They support various thug leaders around the globe and insist they own Tiawan.

    I know! Let's put pressure on them to put people in jail for stealing software.

    Piracy is rampant in China and the problem is real, but it isn't killing anyone. Do any of these rotten bastards have any sense of proportion?

  • by Bodysurf ( 645983 ) on Monday January 10, 2005 @02:57PM (#11312201)

    I have no problem with criminal laws regarding piracy and IP as long as those are only for people who are doing it FOR PROFIT AND (not or) ON A MASS SCALE.

    So factories in China silkscreening counterfeit DVDs that are being stamped out and sold apply.

    BUT, the law needs to be very clear and unambiguous that it can't be used against someone uploading for free on BitTorrent or just selling a couple copies to his buddies. Those violations need to remain solely in the realm of civil litigation. The government should not be in the business of enforcing IP rights.

  • US To Push Criminalization of IP Violations
    I blame a bad DHCP server!

    Am I the only one who didn't switch mental gears from networking fast enough and initially parsed the headline as a referring to a different "IP"?

  • This is not P2P (Score:2, Interesting)

    by brw215 ( 601732 )
    I think Don Evans was not talking about people downloading music. I think he was speaking about companies in China who pirate software, movies, machine part designs, etc... and then sell them.

    It is selling it that makes it different than downloading music.
  • WTO (Score:4, Interesting)

    by goldspider ( 445116 ) on Monday January 10, 2005 @02:59PM (#11312229) Homepage
    Setting aside your own personal feelings on the matter, what impact does rampant software piracy in China have on their status as a WTO member? I would think that some level of adherance to copyright/IP laws are a factor in maintaining good standing.

    Anyone more informed than I have any thoughts?
  • MS in JAIL? (Score:3, Interesting)

    by linuxislandsucks ( 461335 ) on Monday January 10, 2005 @03:00PM (#11312236) Homepage Journal
    Remember folks, MS was convicted of infringing someone's IP..does this mean finally MS will face legal accoutnability for being a monopolist?
  • by DeepRedux ( 601768 ) on Monday January 10, 2005 @03:04PM (#11312296)
    The New York Times had a major article [nytimes.com] Sunday about Chinese counterfeiters. They estimate that the US/EU/Japan together lose $80B/year. The Bush administration will take "whatever means are necessary" to force a change.

    This goes beyond just the US and CDs and DVDs. For example, the Chinese were considering building a maglev train system. So the German companies ThyssenKrupp and Siemens build a prototype. Workers for the German companies videotaped Chinese engineers poking around at 3am. Shortly after, the Chinese said they would use their own newly development maglev technology for the trains instead of the buying the German tains. They may even be able to export maglev trains at half the price of the German or Japanese trains.

  • by northcat ( 827059 ) on Monday January 10, 2005 @03:16PM (#11312449) Journal
    RMS doesn't sound so insane/wrong/ now, does he?
  • by mark-t ( 151149 ) <markt.nerdflat@com> on Monday January 10, 2005 @03:22PM (#11312539) Journal
    It never ceases to amaze me how many people will try to justify or defend a person's "right" to infringe on copyright.
  • by Dutchmaan ( 442553 ) on Monday January 10, 2005 @03:29PM (#11312656) Homepage
    If a U.S. soldier can get six months for ordering some Iraqis pitch off of a bridge, then an offense for IP violation should SURELY be less than that, right???

    Now before you inevitably mod me down for the previous comparison, actually consider it... and then consider who our government truly represent based on how it treats it's criminals in relation to their status of wealth and/or power in the system.
  • by The I Shing ( 700142 ) on Monday January 10, 2005 @03:30PM (#11312665) Journal
    "Mistrust those in whom the urge to punish is strong."

    The thing about these statements that bothers me is that the industries that are affected by the piracy are doing just fine economically. Movie ticket sales are brisk, CD sales are stellar, and people are flocking to concerts, paying top dollar to see their favorite artists, and yet the industry representatives are acting as though the entire future of American entertainment is in jeopardy. Is it, really? Pop stars and movie stars, as well as the executives of the companies that promote and use them, live lives of luxury that would make the wealthiest, most powerful emperors in the history of human civilization green with envy. They are flown from one 5-star hotel to another in private jets, and are drivin in limosines to the finest restaurants in town, treated like royalty by hordes of fawning, obsequious servitors.

    I doubt that the lifestyles of the rich and famous are in any danger of bumping down a notch because a few street vendors in Beijing are hawking copies of their movies and albums.
  • IP violations (Score:3, Insightful)

    by mabu ( 178417 ) on Monday January 10, 2005 @03:33PM (#11312711)
    When I first read the headline I thought, "Finally some cooperation between the US and China over spamming, phishing and other IP-based dubious activities."

    I should have known this was all about protecting the interests of a few large corporations and not having anything to do with making the world safer for everyone.

    I respect the right of companies to protect their intellectual property. What disgusts me is the unnaturally high priority these issues have over more important problems which have less to do with corporate profit, but directly affect more people.
  • by earthforce_1 ( 454968 ) <earthforce_1@y[ ]o.com ['aho' in gap]> on Monday January 10, 2005 @03:35PM (#11312737) Journal
    When China feels strong enough to tell the US where to go and how to get there. And from the rate things are going, that day is not far off, with the Chinese economy growing by leaps and bounds while the US is bled white in Iraq. Unfortunately, it will also be a sad day for Taiwan.
  • by Anita Coney ( 648748 ) on Monday January 10, 2005 @03:36PM (#11312749) Homepage
    Think of all the piracy here in the US where we have a cultural history which respects IP. You can download music, software, movies, etc, all for free. In cities it's quite common to be able to buy pirated movies and music. In other words, there is a LOT of piracy.

    For decades under Communist rule IP was regarded as being owned by the people. In other words, there is no cultural background which required a respect of IP. In China there are no real music stores. Nearly all music sold is pirated. Artists make money from performing on TV and doing advertisements for other products. In fact I recently read an article where no one in China publishes a top 100 sales list for music because it'd be impossible to determine.

    Putting Chinese in jail for violating IP simply will not work to change a 100 year old tide. All it would do is piss off a LOT of people and I doubt that the Chinese government would be willing to do that.

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