Universal Music Hit with Anti-Piracy Suit 220
prostoalex writes "Remember Bon Jovi trying to fight piracy with individual PIN numbers that legitimate buyers could get off the CD? DownloadCard, who claims to have invented the technology, filed a lawsuit against Universal Music Group saying the music execs stole the technology and trade secrets from the company. Yahoo! Launch headline suggests that Bon Jovi album might be delayed because of the lawsuit."
Yeah, but look on the bright side... (Score:5, Funny)
That's the best news I've heard all day...
Re:Yeah, but look on the bright side... (Score:2)
Holy smokes, there goes a whole squadron of flying pigs past my window.
Re:Yeah, but look on the bright side... (Score:5, Interesting)
So, all we need now is a keygen that makes codes to access that web page that offers exclusive content.
Re:Yeah, but look on the bright side... (Score:3, Funny)
Releasing a Bon Jovi album is clearly a terrorist attack.
-
-1, Troll? (Score:3, Funny)
They've got it all wrong... (Score:4, Funny)
OH THE IRONY!!! (Score:2, Informative)
Re:OH THE IRONY!!! (Score:3, Insightful)
Re: (Score:2)
Re:Not really ironic (Score:2)
Bad MI (Score:2, Funny)
Re:Bad MI (Score:4, Informative)
True, but you can redefine how much of their intellectual property they own.
Seems strange? Well, copyrights have been extended a couple of times (mostly at the whim of large content providers) in legislation. Otherwise, all of Elvis's work would be in the public domain by now, for example. Just like nobody owns Beethoven's or Mozart's work.
The truth is, its not as if intellectual property is a black and white issue.
Michael
Re:Bad MI (Score:3, Insightful)
Re:Bad MI (Score:4, Informative)
> You can't ignore other people's intellectual
> property, damnit. Only pirates would do that kind
> of stuff.
Three incidents show the tip of an iceberg:
1) Eisner, Disney's president, showed a pirated Sony movie at a Senate hearing on Hollings' bill.
2) CNN showed a pirated tape of a bin Laden interview after the Afghan TV station that did the interview refused to give the rights to show the interview to CNN.
3) InterTrust is suing Microsoft because DRM in Windows XP,
Face it, the very people who want to treat customers like criminals and take away our rights are the biggest pirates of all!
Actually, "Mosura no Uta" (Mothra's Song) has a better term for people like these, the words it applied to Nelson and his goons: "tong yu" or "barrel of sharks". Me, I just call 'em "media sharks".
Bells are ringing: Mothra, Mothra! Every heart is calling: Mothra, Mothra!
Come on, Tok Wira, these sharks have gotta pay! New Kirk calling Mothra, we need you today!
Good to know (Score:1, Interesting)
Ha ha!
</nelson>
Should've run a patent search, no?
Well, maybe not. Theft of trade secrets suggest that this isn't a patent issue.
Fuck it.
At least something good comes of it (Score:5, Funny)
Yahoo! Launch headline suggests that Bon Jovi album might be delayed because of the lawsuit."
Yay for patents! Yay for patents! Yay for patents!
Re:At least something good comes of it (Score:2)
Re:At least something good comes of it (Score:2)
So? (Score:4, Insightful)
Money gets shifted around, and we, the consumers, get screwed like usual. The *only* outcome I see from this involves the album coming out late, and the lawsuit justifying yet more "cost-added" excuses on the part of the recording industry.
I'll care more when 72 minutes of pure audio doesn't cost 50% more than 2 hours of high quality movie footage with soundtracks in three language plus bonus material, AND I can legally (and easily) store what I buy on my file server. Until then, the MPAA and RIAA can collectively "bite me".
Re:So? (Score:3, Interesting)
Live by the sword, die by the arrow ... the irony is deliscious
Re:So? (Score:2)
Can we finally stop the comparison between CDs and DVDs, since it is one of the most flawed comparison that exists. A DVD is an aftermarket product of a movie. The money is spent making a movie, not the DVD. The cost of the DVD is fairly small, especially compared to the movie. Marketing is also very small (if anything), because there was so much advertising for the movie very little is needed (although sometimes a lot is done anyway). By the time a DVD comes out, the movies has already made back a portion of the money (hopefully at least a decent portion if not actually made money) in the theatres. Even the extras are cheap, using footage already filmed and maybe bringing in a few people to record an audio soundtrack. All of these things combined make the DVD fairly cheap to produce compared to a CD. A CD has made no money when it is released and must make enough money to pay for every single thing that went into the making/marketing of the CD. Taking an already made movie and slapping it on a DVD and making basically nothing but profit from the sale is a lot different than putting out a CD and hoping the sales pay for the expense of the CD itself.
And just for the record, you can legally and easily store the MP3s you make from a CD you own on your file server. That has already been established. You can't share them with other people, but you are free to rip MP3s from CDs you own and listen to them.
Re:So? (Score:3, Insightful)
While this is a valid explanation of the relative pricing from a business standpoint, it doesn't mean squat to the consumer who has to decide how to spend $20.
Whenever someone at some company gives me justifications or reasons why they can't give me the service I deserve or paid for my answer is quite simple: "Your internal company problems are not MY problems, they're yours. You deal with your internal problems, but in the meantime solve the problem you have right now with the consumer--me!"
In this case, my heart bleeds for the RIAA (sarcasm), but I really don't care what their costs of business are, nor do I care if their business model is broken. As a consumer I see a $15 DVD for a movie I thought was fun when I saw it, or I see a $20 CD that might have one good song, maybe. Where do you think I'm going to spend my money?
Fact is, the DVD vs. CD comparison is a VERY valid comparison from a consumer standpoint. The DVD vs. CD decision is one that is made probably thousands of times per day by consumers around the world. It just turns out the business model of the movie industry is more profitable than that of the RIAA. Tough luck.
Re:So? (Score:2)
I think you just defeated your own point, there. I agree fully that it costs a *lot* more to produce (the content on) a DVD than a CD. Hundreds of millions, compared to a few tens of thousands (if that). And yes, a movie has most likely at least broken even by the time it comes out on DVD. However, an audio CD *starts* closer to "breaking even" than just about any DVD ever made - the latter either have made a huge profit already, or failed miserably, by the time they hit stores. Naturally, exceptions to this exist... For example, how about some of Disney's "direct to DVD" releases, which presumeably still cost money to make (if not as much as a typical for-theater production), yet sell for less than a "real" movie on DVD?
Basically, no matter how you look at it, you have to agree that the comparison *doesn't* count as fair - the pure audio CD should sell for *far* less.
you can legally and easily store the MP3s you make from a CD you own on your file server
Really? I have a handfull of CDs that I have yet to find a way around the copy protection on, and even if I do find a way, doing so violates the DMCA. Please, tell me how I can satisfy both "easy" and "legal" in making MP3s of these. And, believe it or not, I do actually only make MP3s (VQFs, actually, but same idea) for personal use. I don't know if most people fall into that category, but I simply find it much more convenient to load up a 200 hour WinAmp playlist than to change CDs every 40-70 minutes.
This gives me an idea! (Score:3, Interesting)
Yes, I know it's a pipe dream. So what.
Re:This gives me an idea! (Score:5, Insightful)
From the original article
Retail CDs will be distributed with a unique serial number with which the purchaser can register in order to receive such exclusives as prioritized concert ticket purchases and unreleased music.
THIS IS EXACTLY WHAT WE WANT THEM TO DO!!!
Added value for purchasing the CD is what most of the
Re:This gives me an idea! (Score:4, Insightful)
First. There is NO WAY that I want a UNIQUE identifier linking me w/ANY purchase.
Second. Fuck that, I don't want priority on concert tickets nor do I want unreleased music. The music is easy to find (see Sopranos season 4 ep. 1 - 4 on Kazaa or IRC).
What I want is simple. I want CHEAP music. I want music to be like movies... I can wait several months and buy a DVD at $9.99 when it was originally $25.00. Why the fuck doesn't music drop in price like that? They come out at $12.99+ and stay that way or even GO UP.
Sorry, but movies have the same amount of longevity as music. They should go down in price (just like everything else).
I will CONTINUE to support free music until the "BIG ARTISTS" and the RIAA decides that what they are doing is DUMB as HELL.
That's my worthless
Re:This gives me an idea! (Score:2)
as many times as you listen to the same
CD.
Re:This gives me an idea! (Score:2)
Re:This gives me an idea! (Score:2)
You mean to say that you will continue to support illeagal activity, and the destruction of the music industry as it currently stands. By the same token, youi also then support the motivatiosn of the RIAA to install their DRM technologies in the next gen music distribution formats. LEt me remind you that there is no such thing as FREE MUSIC from a free lable, and what your talking about is you will continue to support stolen music.
If contracting HIV came were possible from copyright violations, instead of sex, you would be a AIDS crack-whore needle freak.
It is true that copywrite violation is a statutory crime, unlike violent crimes, and by that token most folks feel it is simply OK to break the law. Just because it is possible to download music doens't mean it is actually ok to do so, no matter how much you pretend it is, or justify it, or whatever. What you call supporting free music is just a cop-out to make your crimes seem alright in your mind. Finding a piece of crack rock on the street is also a very simple minded thing, but picking it up is against the law as it is possestion of a controlled substance, as is the same when you download a copy-protected work.
Now it is true the copywrite law suck int he usa, and so do patent laws. Maybe destroying the music industry is you form of civil disobediance, or whatever. How cares! The fact is that this Bon Jovi CD is being dellayed because of a patent issue that is simply crazy. This patent is akin to having a patent on signing your name on paper, yet since it is involving electronics/technologies, etc... it is now something patentable. This is akin to patent on whiping my ass with your idiot resume with a technological robot arm.
Think about it this way. That card that is shiped with the bon jovi cd, in the future that might be some sort fo smart card with a special decrypt key to decypher the encrypted music on the disc. Think your gonna have kazaa trading then? No! The fact that this method is not involving DRM is good, the fact that your too stupid to understand that is bad! Your the motivation behind suck ideas. The problem is too many of you type folks exist (the ignorant, and arrogant).
Re:This gives me an idea! (Score:3, Insightful)
2. Bullshit. Listening to free music is not theft. There are literally thousands of artists on the net who are giving away their music. Take a look at MP3.com for an obvious example of this. Take a look at official band websites for another example of this.
3. The rest of your post rests on the false assumption that the only free music on the net is illegal music.
4. STFU.
Re:This gives me an idea! (Score:3, Insightful)
I will continue to support the fight against artificial scarcity towards business models that work. Capitalism doesn't work well when things aren't scarce... it's a kludge.
mp3's are free ads in my book - for (overpriced) CDs, concerts (real work), merchandise, direct support, etc. The recording isn't scarce, which is why pressing CDs is liking printing money, which in turn is why the RIAA is fighting like mad to keep control of their old cashcow.
--
Re:This gives me an idea! (Score:2)
Nobody's forcing you to use the PIN to listen to the CD.
This PIN system is much like the system used for Quake III Arena. You can play the game without the CD, but if you want to use id Software's master servers, you have to punch in the CD key.
Re:This gives me an idea! (Score:2, Insightful)
You mean, like your credit card number?
Re:This gives me an idea! (Score:2)
garcia was also right: there is an even better alternative, that of much cheaper music, and easily downloadable.
Extrapolating even further along this line, I offer this point of view: that what I *REALLY* want is for music copyright to go away entirely, and for a completely different mode of thinking to arise regarding music and how and why it is shared and produced. I know this is radical, but I believe it is right.
.
Re:This gives me an idea! (Score:2)
For more information, see the following posts (August 8th [mail-archive.com] and August 10th [mail-archive.com]) to the Cryptography mailing list.
Um... why mod this a troll? (Score:2)
A while back I read an article by an environmental group discussing using funds to out-n-out purchase environmentally valuable lands, and then putting them in a trust. From that point on, you don't have to worry about regulations or which way the political wind blows, the land is simply administered according to the trust.
This is the same idea, but for intellectual property. It has its problems -- it only works as long as the property laws are applicable, it takes money to stake out the claim and administer it, and finally, it lends some legitimacy to what may be illegitimate processes. The best thing, though, is that you don't have to wait to change the world before you get to protect something important.
There ought to be more people doing this...
Might I be the first to point out (Score:2, Offtopic)
In the same sense, you shouldn't support the US government's attack on Microsoft just because you don't like Microsoft.
Re:Might I be the first to point out (Score:1)
Re:Might I be the first to point out (Score:1)
Re:Might I be the first to point out (Score:2)
So far it's been big companies against individuals who can't afford a lawsuit, so they gave in to the big company. Now, big company against big company should prove interesting (as was the AOL v. MSN messengers battle).
Support (Score:4, Insightful)
And by the same token, one should not withhold support from the US Government's prosecution of Microsoft just because one likes Microsoft.
Now that we have that minor little point sewen up... mind if we remain focused on the topic at hand?
Re:Might I be the first to point out (Score:2)
From the story: As previously reported by LAUNCH, the Bon Jovi album will include a serial number in the CD packaging, which will allow users to access exclusive content from the band's website. DownloadCard has filed a claim that it created the program used for access and offered it to the record label.
What "technology" is this exactly. For god's sake, its a number. The buyer types a number into a website and gets access - hardly cutting edge technology! Absolute crap - I hate the record companies as much as anyone with any sense of right and wrong, but seems to me "DownloadCard" are yet another 2 bit outfit trying to make a fast buck. We'll doubtless never hear of them or their "technologies" ever again after this case...
This is the future! (Score:3, Insightful)
Wait a second (Score:2)
How the hell is that technology, or more to the point, patentable?
Re:Wait a second (Score:5, Funny)
How the hell is that technology, or more to the point, patentable?
I think it's because companies finally ran out of existing ideas that they could patent by tacking on "with a computer". The next round of bad patents will take obvious ideas and tack on "by an 80's hair band".
For instance, DownloadCard has the rights to "a means of using and distributing unique serial identifiers to provide redeemable incentives to discourage the online theft of intellectual property where said intellectual property is audio or video media content by an 80's hair band". The Dave Matthews Band and the Crystal Method were able to get around this patent by not being an 80's hair band, but Universal finally got busted for trying it with Bon Jovi.
In related news, Jeff Bezos has just invented and patented a one-click combination CD player power-on/play button to allow quick and efficient listening of any of his favorite music by an 80's hair band.
Re:Wait a second (Score:2)
So what should they do? (Score:1)
I don't get it. . . (Score:5, Insightful)
This just doesn't strike me as something that should be patentable. Of course, that seldom impedes the patent process.
Bon Jovi rocks! Peace, out.
Need for a new music distribution system (Score:1)
This just underscores the need for a new, novel, music distribution system that allows the music conglomerates to receive money for sales of the songs their artists record & sing. The PIN system is nothing new... this gimmick has been around for quite some time. All that most of us want is to be able to buy the songs we like with the FREEDOM to use the music as we like (computer, mp3 player, car stereo, home entertainment centre, etc.).
Unfortunately, the result of this infringement will likly just cause the music industry to go back to their pet senators for exceptions or maybe even buying out the patent rights so that they can perpetuate the crap system that exists today.
Call Hillary Rosen we found a pirate (Score:3, Funny)
Nanny nanny boo boo! (Score:1)
Re:Nanny nanny boo boo! (Score:1)
Prior art? (Score:2)
Bon Jovi? (Score:2, Funny)
I sense a great disturbance in the force, as if the state of New Jersey is crying out in pain..
one question... (Score:2)
Re:one question... (Score:2)
(Okay, to the dense amongst the moderators. Parent asked about making a bed with hospital corners. What he's implying is that 'Universal has made their bed; now they must lie in it'. To which I make the funny comment... Christ, if you haven't figured it out by now, just mod me -1, offtopic already)
delayed launch (Score:5, Interesting)
Irony at its finest. (Score:1)
So it's OK now? (Score:4, Insightful)
It seems to me that somethimes the
Here are the facts:
1. No
2. Universal can be regarded as big and bad.
3. DownloadCard is David fighting Goliat for the money. It's not a
4. Universal is making an honest attempt to fight piracy without crippeling user rights. They are trying to make the CDs you purchase more like DVDs, with extra stuff BonJovi fans (not
Belive it or not,
Re:So it's OK now? (Score:2, Insightful)
self-immolation (Score:1)
Fat chance... (Score:2, Interesting)
I really can't possibly see this lawsuit winning. This is the same model of registration that the software industry has been using for years.
If this isn't an example of prior art, then I don't know what is. Once again, the consumer is getting screwed while the lawyers cash in....
Re:Fat chance... (Score:2)
We really don't know enough about this to say Universal didn't break the patent. We all know there are 10,000 ways to implement this that don't break any patents. But we also know that the Patent office hands out patents for left handed bum washing, so they may very well have a defendable patent on a say a particular formula for computing a one way hash, and if Universal copied that willy nilly then maybe they should cough up the pocket change they are asking for.
We don't even know if it is like the keys on software, since the features sound like a web site it could just be a random string that's easy to type but hard to remember.
LP! (Score:1)
Read the articles next time... (Score:2, Interesting)
I think what has acutally happened is that Downloadcard is mad that Universal is taking their toys and going home and not using their service anymore.
Why we will win... (Score:2)
Remember seeing the Martrix, and other SciFi flicks where people swap and sell disks like it was crack? Well, once again SciFi predicts the future. But who ever though that it would turn out to be MUSIC and MOVIES on those disks! Listen, pundints and nay-sayers can bitch al they want, but once I have a little hollogram cube that is black market, so it can hold it's 10 petabytes without needing MS Palladium v4, you can hold EVERY SONG EVER MADE and EVERY MOVIE EVER MADE in your pocket. TEll me agian why a distribution channel for anything that can be stored digitally should even be a business model?
I'm sure once there was a great business where for a few pennies you could get your loom repaired, or the cotton gin fixed. Those days are gone, and so are the music and movie distrubtors. If any artist wants my cash, I will gladly fork it over for a LIVE performance only. So Brittney, bring some kneepads, otherwise you will never get my $16 sweetie.
You're a thief (Score:2)
Lots of very talented artists don't/can't perform live. Take Enya for example, she writes and records everything herself. Want her to stand on a stage by herself performing? that wouldnt be a very good show.
Where do you think they get the money to put on the show in the first place? FROM THE ALBUM SALES.
Just because you can transfer music and movies over a digital connection doesn't mean you have a right to. I can crawl through your bedroom window at night, but that doesn't make it legal.
Grow up. Pay some respect to the authors of the arts you admire. Art appreciation in the country has gone to shit. Artists don't owe YOU anything. Get over yourself
Re:You're a thief (Score:2)
Having said that, my personal opinion is that recordings should have reasonable, limited protection based on copyright law, under control of the author until his death and no longer. Anything more is beyond the point of diminishing returns with respect to fostering creativity, which was, after all, the whole point of copyright in the first place.
No I'm not... here's why... (Score:2)
And where do I think artists get money from? NOT THE CD, BUDDY! Use a little google action and see just how much artists get from CD sales. Apart from mega-star contracts (ala N'Sync) an artist can owe money, even after going gold. Read up. Artists keep their largest chunk of change from Live performances.
You do post an intersting question about Enya, which can be transposed to say, Techno artists who make sweet mixes and pre-mix everything in a studio. No, they won't perform live. So how do they get paid? I don't know...
Point is this: As long as there is a massive, fraudulat abuse of power to keep crappy music (Brittney, NSync) at a high price ($16+) on an obsolete medium (CD) all the artists can starve for all I care. I'm not out to fix the world. I would gladly pay for recorded works ONLY if I can put them where I want (car, iPod, etc). If a music company tells me I can only listen to my music on my living room Palladium controlled X-Box2, I say FUCK THEM and FUCK YOU TOO and FUCK THE ARTISTS. I'm not going to be forced to pay outragous money for crap music on an ***obsolete medium*** like CD's.
Bon Jovi release delay = BAD (Score:1)
(Watch, I'll be modded as troll/offtopic while others that say "not releasing Bon Jovi is good" will not be modded as redundant.
Stole the tech? (Score:5, Interesting)
All it is, is a number that allows you to access a service or feature. I could do this with pen and paper if I wanted too.
Maybe i'm not understanding their "technology", so feel free to correct me.
Re:Stole the tech? (Score:2)
You see, even if you disagree with IP in general, the term goes "build a better mouse trap". There are numerous patents on mouse traps, but it's the design and implementation of that new trap which gets it awarded a patent.
Looking around I found 4 three-ring binders which all have their own systems of opening and closing those rings. Just because it has been done before doesn't mean that you can do something like it again.
I don't think there is anything which isn't built on earlier works, nothing is new.
Re:Stole the tech? (Score:2)
Patenting specific, detailed, mechanisms is one thing. That's arguably OK. Patenting anything that can accomplish task X is NOT OK, and runs contrary to the philosophy behind patents.
Re:Stole the tech? (Score:3, Funny)
yeah right (Score:2)
Just like that claim itself.
Re:yeah right (Score:2)
Umm... I'm sorry you can't use that case law until you pay the Judge $14.99 don't think its a rip off, there are 18 other pieces of case law on that CD. But if you only pay 14.99 you only get the right to view it on your computer and not present it to the court.
Delayed!? (Score:2)
Why not just save a step? (Score:2)
Cool, let them (Score:2)
the company with the "invention" getting hammered (Score:2)
Any patents based on what's described should be readily breakable.
Just as well because I'm thinking of using this one of these days on a music project [eliangedeon.com] I'm involved with.
Lets just make this simple. (Score:5, Funny)
The outcome would stand about the same as the current way our courts work, just faster and far more entertaining.
Re:Lets just make this simple. (Score:2)
Re:Lets just make this simple. (Score:2)
no - you forget one important bit - at the end of each "lawsuit" we would be assured of having fewer lawyers...
i like your thinking...
renard
It only makes sence (Score:2)
The type of person who thinks about content control would say "patent it" no matter how obveous it is.
With the music industry running in the whole (knownladge as propety) croud it's only a matter of time before a music industry stunt was patented. I wouldn't be supprised if the preveous stunts did have rejected patent applications from a time when you had to earn a patent award not just buy it.
Property of Downloadcard (Score:2)
Re:Rampant privacy violations possible! (Score:2, Funny)
Scaremongering like this is just pathetic.
Re:Rampant privacy violations possible! (Score:2)
I'd really like to know (in the U.S.) where this notion of universal provacy came from. Whene people say "They violated my privacy", exactly what laws are they referring to?
Unless you stay in your home with the windows covered, you have no resaonable expectation of privacy.
Re:Rampant privacy violations possible! (Score:5, Informative)
The Constitution does NOT grant rights to the people. The government has no power (authority) to grant rights! The powers of government are explicitly stated in Article I Section 8 of the Constitution and expanded on by a few of the Amendments.
The people inherently have rights, and the Constitution establishes that the people grant the government certain powers, but that those powers are limited and the government is not permitted to take away the rights of the people. Certain of those rights are enumerated in the Bill of Rights. However, carefully read the Ninth Amendment:
Thus the fact that a right to privacy is not specifically enumerated in the Constitution or Bill of Rights does NOT mean that the people don't have that right, or that the government has the power to take away that right from the people.The Supreme Court has repeatedly found that the people do have a right to privacy.
However, as with all rights, there are some limitations. It is not possible to grant an absolute right without simultaneously taking away another right. For instance, you have the right to swing your fist, but that right ends where my nose begins.
Back to your posting:
Actually, the Fourth Amendment doesn't say anything about a crime in progress. It says: Note that this doesn't even say that the police can conduct a search without a warrant if they have probable cause. It says that if they have probably cause, and give an Oath or affirmation, a warrant shall issue. This is possibly the most-trampled of the enumerated rights.Re:Rampant privacy violations possible! (Score:2)
An example I use is that you have the right to commit muder. The society also has the right, through laws, to make that act illegal and thus apprehend, charge, try and punish you for exercising your right to murder. It's a matter of whose rights take precedence. In this case a person's right to live is stronger than your right to kill them.
The supreme court, and many other courts have also ruled that you generally have no reasonable expectaion of privacy in an public place, or in your workplace. Pretty much that means that the only place you can reasonably expect privacy is in your own home(s) or the homes of others.
Re:Rampant privacy violations possible! (Score:3, Insightful)
Police officers don't have the authority to issue warrants. This is a function of the courts. The Fourth Amendment requires that judges not issue warrants if there is not an oath or affirmation of probable cause.
Presumably the way the system has gotten perverted into the state it's in is that people have said "well, getting a warrant is too much trouble, and if we have probable cause, we'll get one anyhow, so we'll just skip that step or do it later, since that is easier and faster." But the fact that it is easier and faster doesn't make it legitimate.
A policeman's job is only easy in a police state. -- Orson Welles
Re:Rampant privacy violations possible! (Score:2)
The very purpose of a warrant is to authorize search or seizure. Are you arguing that the only time a warrant is necessary is when there is no probable cause? That would flatly contradict the explicit statement. You can't have it both ways. Either probable cause is necessary to issue a warrant, and a warrant is necessary to conduct a search/seizure, or there's no rationale for having warrants.
How can people be "secure in their persons, houses, papers, and effects, against unreasonable searches and seizures," and at the same time give the police the power to break down their door at any moment for the slightest flimsy excuse?
From experiences of close friends, I know that the police often cannot be trusted to make a reasonable determination as to what constitutes "probable cause". This is why it is supposed to be determined by a court.I also don't trust my neighbors to sic the cops on me only when I'm beating my wife, and not when they have some other personal vendetta against me. The neighbor claiming that I'm beating my wife is not sufficient as probable cause if there is no other evidence.
Allowing the police to determine when there is probable cause is hardly better than not requiring warrants at all.
"A policeman's job is only easy in a police state." -- Orson Welles
It is clear that historically it was expected that people defend themselves against criminals, using force as necessary. If you expect the police to do it for you, prepare to be disappointed, and quite possibly dead.Re:Bravo! (in theory, anyhow... reality is diff) (Score:2)
If we challenge the abuses, some of them will be curbed. But to mount an effective challenge against anything, you need citizens who are aware that there is a problem. Educating citizen as to how the goverment is supposed to work is essential. The fact that it doesn't actually work that way in practice much of the time is why we need to educate them, not a reason to let it slide.
Re:Rampant privacy violations possible! (Score:2)
Here. [clarityconnect.net]
It's a good read.
Re:Rampant privacy violations possible! (Score:2)
Morals are personal, any given act may be moral or immoral depending on the interpriter of the action. The article tends to enforce a notion of global morality that simply does not exist.
Re:Rampant privacy violations possible! (Score:2)
If you read article four, the tone is generally that of preventing the government from snooping in your private life wihtout cause. Have you ever heard of someone being sued or charged under the fourth amendment for breaking and entering? I haven't.
(Meta) Pedantic, or understood? (Score:1)
PIN number? Come on, you are saying, "Personal Identification Number number."
What is better: to be pedantically correct, or to be understood? "PIN" by itself looks like I'm shouting the English "pin" rather than using an acronym. It's easier to understand an acronym that sounds like an English word if the acronym is followed by a generic noun.
Re:while digging some dirt... (Score:1)
Re:while digging some dirt... (Score:2)
Re:Why is everybody so HAPPY? (Score:2)
Re:PIN numbers (Score:2)