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Meet the DoJ's 'Anti-Piracy' Lawyers 721

This week's Slashdot interview guests are the 'point people' for Federal criminal actions against online file-traders and software misapproprators. They know some Slashdot readers may have little sympathy for what they do all day. Be that as it may, this is a great chance to understand what it's like on the enforcement side of the intellectual property coin. We have a special set of 'ground rules' for this interview (below) supplied by the Department of Justice that we must ask you to read before submitting questions.
From the DoJ (verbatim):
Answering your questions will be the attorneys assigned to prosecute intellectual property crimes in the Department of Justice's Computer Crime and Intellectual Property Section (CCIPS). Spearheading this group will be Michael O'Leary, Deputy Chief for Intellectual Property who oversees the day-to-day intellectual property enforcement operations. Here is some background on CCIPS and their intellectual property efforts:

CCIPS began as a small group within DOJ in 1991, with a focus on network crimes (e.g. hacking into machines, destructive worms and viruses, denial of service attacks), intellectual property crimes (e.g. software piracy and counterfeiting), and electronic evidence issues. CCIPS is part of the Criminal Division of DOJ (which, as its name suggests, is primarily responsible for enforcement of federal criminal laws). Today, the section has grown to almost 40 lawyers, of whom about a dozen focus on IP issues. (Please keep in mind that it will be the IP prosecutors answering questions here, so save your non-IP-related hacking or electronic evidence issues for another time.)

What do the attorneys assigned to IP at CCIPS do? The IP prosecutors in the Section are responsible for establishing and enforcing the Department's overall intellectual property rights enforcement program, including the prosecution of federal intellectual property crimes. In some instances, CCIPS handles the prosecution of intellectual property cases. More frequently they work closely with prosecutors in the U.S. Attorneys' Offices around the country who handle the vast majority of federal criminal prosecutions, both IP and non-IP. They also provide training on IP issues for prosecutors and law enforcement, both domestically and internationally. Other responsibilities include reviewing new policy proposals, legislation, or international agreements related to IP, and providing advice to other government agencies or components of DOJ. The prosecutors also work closely with foreign law enforcement counterparts to coordinate IP enforcement activities around the globe.

While they are committed to fully answering your questions, as Department of Justice attorneys, they are subject to various Federal laws, Department of Justice rules, and ethics rules. They are not permitted to provide legal advice to individual private citizens. This means that there is no attorney-client relationship between CCIPS and Slashdot readers, users, or moderators (and answering questions on Slashdot should not be interpreted as creating one). Therefore, they will not answer questions seeking legal advice. Finally, they cannot discuss ongoing cases, investigations or related hypotheticals.

To learn more about the Department of Justice or the Computer Crime and Intellectual Property Section, visit the following web sites, www.usdoj.gov and www.cybercrime.gov.

This discussion has been archived. No new comments can be posted.

Meet the DoJ's 'Anti-Piracy' Lawyers

Comments Filter:
  • Domestic vs. Import (Score:4, Interesting)

    by TopShelf ( 92521 ) * on Monday July 14, 2003 @11:23AM (#6434629) Homepage Journal
    When it comes to the scale of illicit software trading in the US, is there a sense of how much is coming from outside the country as opposed to purely domestic activity? I would think that stemming the international traffic would be much more difficult due to varying legal climates in different countries.
    • Detailed question... (Score:3, Interesting)

      by jkrise ( 535370 )
      My question is on similar lines, so i thought I'd rather reply to this post:

      " We hear frequent mention in the press, that most internet crime happens from people outsied the US - Skylarov, the Pakistani who exposed the Passport flaw, open gateways from Asia pumping spam etc.

      It is really astonishing to note that the most powerful nation with the best detectives and sleuths can be deterred for so long, by a few novices operating from abroad.

      Question:
      To control piracy, is it enough that the action taken is
  • by dethl ( 626353 ) on Monday July 14, 2003 @11:25AM (#6434654)
    What is your definition of the term "Fair Use" in regard to any software or music we buy?
    • by Anonymous Coward on Monday July 14, 2003 @11:40AM (#6434814)
      Along the same thought -

      I have an extensive record collection and in many cases i also have the same albums on cd.

      If i go searching and find all of the music i have on vinyl i'll have downloaded more than enought to have caught your eyes.

      Now i have a couple thousand songs in digital that i also have in analog - that which i paid for.

      Am i within my rights to have this in both formats?

      • Comment removed (Score:5, Interesting)

        by account_deleted ( 4530225 ) on Monday July 14, 2003 @02:10PM (#6436153)
        Comment removed based on user account deletion
  • Answers (Score:3, Funny)

    by danormsby ( 529805 ) on Monday July 14, 2003 @11:26AM (#6434657) Homepage
    Who owns the IP on their answers and are we allowed to distribute then on Kazaa if they do?
  • Copy protection? (Score:5, Interesting)

    by Jucius Maximus ( 229128 ) on Monday July 14, 2003 @11:26AM (#6434661) Journal
    I am aware that companies spend large sums of money on holograms, authenticity cards, product activation schemes, anti-CD-copying schemes, serial numbers and so on. When investigating alleged copyright infringement, do you find that these anti-IP-infringement techniques have a real effect on preventing such things from happenning? Does copyright infringement go down when companies put up roadblocks like these or do the infringers get away with it nontheless?
    • Re:Copy protection? (Score:3, Interesting)

      by die_jung ( 252529 )
      In my experience, the anti-infringement measures make life difficult for casual users. Take for example non-redbook compliant audio CDs; where the average user can't play back on their PC, but the pirates, against which the technology is apparantly targeted, are tech savvy enough to work around such things.

      My question would be whether in the line of investigation, such anti-infringement mechanisms are seen more of a hinderance to the user, and less of a hinderance to the pirate.
    • Re:Copy protection? (Score:3, Interesting)

      by iainl ( 136759 )
      At least as far as serial numbers and holograms go, in my experience (which basically consists of noticing whats on the dodgy software stands at car boot sales while I'm hunting for rare vinyl) there are two parts to the question.

      On the one hand, these don't seem to slow pirates down that much - anyone can write a serial down, and its a relatively low level of copy protection to crack. On the other, however, it does make it blindingly obvious for anyone passing that these aren't originals. Claiming ignoran
  • by stinky wizzleteats ( 552063 ) on Monday July 14, 2003 @11:26AM (#6434662) Homepage Journal

    Can you summarize the public good performed by your efforts that a taxpayer, who is neither a stockholder nor employee of the content industry, can realize and should support as a necessary function of the federal government?

    • by Jucius Maximus ( 229128 ) on Monday July 14, 2003 @11:31AM (#6434722) Journal
      "Can you summarize the public good performed by your efforts that a taxpayer, who is neither a stockholder nor employee of the content industry, can realize and should support as a necessary function of the federal government?"

      That's easy. The 'official' answer is that they prevent piracy from eating up companies' profits so that they can continue making programs for 'consumers' to buy. Otherwise there would be no programs.

      (Disclaimer: I am saying that that would be THEIR answer, not mine. OSS is truly a lovely concept.)

    • by mjmalone ( 677326 ) on Monday July 14, 2003 @11:41AM (#6434829) Homepage
      Followup to that question... In general what does the pulic gain by the current state of "Intellectual Property" rights? IP rights are supposed to balance protection of authors with certain advantages gained by the consumer. i.e. the ideas from a book are public domain, patented ideas are pubished for everyone to see. The trend in IP, especially when it comes to music, seems to be headed towards a pay-per-view kind of system. From my point of view I see no advantage to the consumer here and feel that rights are being unfairly distributed to corporations.
    • by tetrad ( 131849 ) on Monday July 14, 2003 @11:54AM (#6434962)
      Keep in mind that these prosecutors don't write the laws. They just enforce them. Your question would be better directed to a member of Congress.
    • by CowboyMeal ( 614487 ) <nhauser@noSPAM.alum.rit.edu> on Monday July 14, 2003 @11:54AM (#6434971)
      How seriously do you take a question from someone named "stinky wizzleteats"?
    • by GlassHeart ( 579618 ) on Monday July 14, 2003 @01:20PM (#6435717) Journal
      Can you summarize the public good performed by your efforts [...]

      This is a good question if answered in earnest, but as it is phrased, is rather easy to weasel out of.

      An alternative: The RIAA, MPAA, and other parties with vested interests regularly publish statistics on the effects of piracy. However, a government agency responsible for the enforcement of IP laws should have an independent research arm to gauge the extent of the problem (to decide how much law enforcement resources to invest), and to determine the effectiveness of any particular enforcement action. Who collects your numbers, and what numbers can you publish?

  • Question I usually like to see answered by anyone:

    What is the one thing that people usually don't understand about you or what you do that you wish they did?
  • Question Submission (Score:4, Interesting)

    by Foofoobar ( 318279 ) on Monday July 14, 2003 @11:27AM (#6434679)
    Ok, I guess my question would be this: with the ability for everything to be digitized, we are experiencing a revolution or a renaissance of information in which all information can be shared. With this Pandora's Box opened, is it truly possible to keep information from being shared or do they believe that they are fighting a losing battle? In other words, Is this going to be another 'war on drugs' in which money is pumped into a battle that can never be won or do they honestly believe that legislation will be passed that can be easily enforced upon the masses at large?
  • by Anonymous Coward on Monday July 14, 2003 @11:28AM (#6434683)
    If we are unhappy with some related current legislation, what is the most effective means for us constituents to work on changing these laws? Is writing our congressmen the only/most effective way or is there something else we can do to have our opinions heard?
  • I'm curious about the criminal definition of IP Theft and Infringement. It has always been my stance that such items, within reason, should be a matter settled in a civil suit. It is extremely difficult to deprive a party of intellectual property, unlike tangible property. With this in mind, I don't feel there is truly a need for an IP Theft/Infringmenet branch in the Department of Justice.

    On to the actual question: Wouldn't the vast majority of cases be handled with the correlated "hacking" or other forms of breaking and entering to steal the property in question, without actually devoting the resources for what is largely a civil matter between individuals or companies? I'm guessing my stance on this comes from a misunderstanding as to what it takes for the government to actually get involved in IP theft/infringement.

    Also, I understand that while some companies and individuals do not have the resources to fight IP theft/infringment in court, it seems programs could be setup to assist them. It still seems a large pool of legal resources for what should be a civil matter.
    • by cpt kangarooski ( 3773 ) on Monday July 14, 2003 @11:47AM (#6434892) Homepage
      I'm curious about the criminal definition of IP Theft and Infringement. It has always been my stance that such items, within reason, should be a matter settled in a civil suit. It is extremely difficult to deprive a party of intellectual property, unlike tangible property. With this in mind, I don't feel there is truly a need for an IP Theft/Infringmenet branch in the Department of Justice.

      I don't really agree with how you said that.

      IP is just a collection of bodies of law, and infringement of some of them is not criminal. Nor is it theft.

      What we're asking here is basically whether copyright infringement should be criminalized. And I am asking this. It didn't seem to be important, as far as I can tell, for the first century of the Republic to treat infringement as anything other than a civil matter. If I recall correctly it was not a federal crime until 1897.

      Do you think that it is a matter that needs to be criminalized? There are certainly a lot of higher priority crimes out there, and the various industry associations et al are out there all the time suing direct, contributory, and vicarious infringers. Not merely the Napsters of the world, but also music and video pirates (including those offline), and even small time trademark infringers printing up illegal t-shirts. And it is frankly silly to imagine the FBI arresting and the federal government prosecuting someone for building a structure in a manner that infringes on an architect's copyright. But they can.

      Why the need then for criminal enforcement? There is no parallel in the world of patents or trademarks as far as I know.

      My other question would be:

      What reforms, if any, do you think are needed for copyright law; this can include increasing or reducing protection or even the scope of copyright, additional or fewer formalities as a prerequisite for protection, further implementing or leaving international treaties, etc. It can also include revising the code to take care of further developments -- e.g. that 17 USC 511 is bad law after the Seminole Tribe line of cases. If you're concerned about the likelihood of reforms, feel free to address that, but do so seperately, since I'd still like to see what it is that you feel would be ideal.
  • Simple question (Score:5, Interesting)

    by GreenCrackBaby ( 203293 ) on Monday July 14, 2003 @11:28AM (#6434691) Homepage
    Do you see a distinction between (what I would consider) a true "pirate" -- one who copies and distributes, for profit, intellectual property -- versus a file sharer?

    • Re:Simple question (Score:3, Interesting)

      by ebresie ( 123014 )
      This might need to be expanded some...

      When a person shares a file...when is this allowed to be legitamate sharing of files, since fair use is almost done away with by the DMCA.
  • Legality (Score:5, Interesting)

    by InfinityWpi ( 175421 ) on Monday July 14, 2003 @11:29AM (#6434693)
    A lot of noise has been made (in the techie world, at least) about the desire of several copyright holders to enforce anti-piracy laws by taking matters into their own hands; music companies deleting music files off of privately-owned computers, movie studios doing the same thing with movie files, etc. For the moment, this sort of thing is not legal.

    My question is: As a lawyer, how do you view bills that aim to legalize this sort of activity? When it comes to "making it legal", is there a connection between letting the RIAA perform 'hacks' that would be illegal for private citizens, and allowing pot to be smoked only by those who have a prescription, or only law-enforcement officers to obtain concealed weapon permits? Is there a danger of reaching a point where we go from "The movie studios can shut down your website if they think you're letting people download movies" to "If you think the neighbor stole your mailbox, you can break into his house to get it back"?
    • Re:Legality (Score:5, Interesting)

      by gregmac ( 629064 ) on Monday July 14, 2003 @11:53AM (#6434951) Homepage
      A lot of noise has been made (in the techie world, at least) about the desire of several copyright holders to enforce anti-piracy laws by taking matters into their own hands;...

      To extend this question a bit: If these hacks are made legal, what happens when a legitimate file gets deleted? So far there have been a lot of false positives from the RIAA, so it is likely any sorts of programs that delete infringing files will also delete legitimate ones.

      To parallel the above question, if a police officer with a concealed weapon is using it off-duty, or in any non law-enforcement context, they would be in serious trouble. Would the same thing happen to the RIAA/MPAA for deleteing legitimate files, or would they just be considered "casualties of war"?

  • by PhysicsGenius ( 565228 ) <`physics_seeker' `at' `yahoo.com'> on Monday July 14, 2003 @11:29AM (#6434700)
    But do you? I.e., do you think that the laws as they exist are a) fair to consumers and b) in the spirit of the intent of Copyright Law as it was originally conceived? If not, what would you change?
  • by linuxislandsucks ( 461335 ) on Monday July 14, 2003 @11:30AM (#6434707) Homepage Journal
    What are their role involving enforcement of US laws on partiees outside the US as opose dto say the efforts of the BSA?

  • Fair Use (Score:5, Interesting)

    by El_Smack ( 267329 ) on Monday July 14, 2003 @11:30AM (#6434710)

    I hear the term "Fair Use" bandied about all the time in these discussions. From a legal standpoint, does it exist? Do I have a right, that will stand up in a court of law, to make a copy of software/music/data for my own personal use?
    If I do, does making an "uncopy-able" product violate that right?

    • Re:Fair Use (Score:4, Informative)

      by Znork ( 31774 ) on Monday July 14, 2003 @11:58AM (#6435022)
      As far as I can tell, the term "fair use" is widely misused. "Fair use" applies to your right to quote half a page out of Harry Potter for your criticism of it, or your right to create the DomiMatrix parody of Matrix.

      Wether or not you have the right to make any copies for personal use has very little to do with the Fair Use provisions in copyright law.
  • Fair Use (Score:5, Interesting)

    by onyxruby ( 118189 ) <onyxruby&comcast,net> on Monday July 14, 2003 @11:30AM (#6434711)
    I'm trying to figure out at what point do you differentiate between "fair use" and "piracy". At what point does "fair use" stop and "piracy" begin? Would letting an immeadiate relative or direct friend make use of a software package be considerered "fair use"? Can you provide an example of what would be considered "fair use" that would contradict the licensing terms of an EULA?
  • by jkrise ( 535370 ) on Monday July 14, 2003 @11:30AM (#6434713) Journal
    We hear frequent mention in the press, that most internet crime happens from people outsied the US - Skylarov, the Pakistani who exposed the Passport flaw, open gateways from Asia pumping spam etc.

    It is really astonishing to note that the most powerful nation with the best detectives and sleuths can be deterred for so long, by a few novices operating from abroad.

    Question:
    To control piracy, is it enough that the action taken is within the US, or a global consensus needs to be built up?
    You have mentioned the word IP freuently - does it stand for copyright or patents?
  • by westfirst ( 222247 ) * on Monday July 14, 2003 @11:31AM (#6434723)
    It's easy to find cases [sptimes.com] where people get light [polkonline.com] sentences [dfw.com] for crimes that, at least to me, seem much more damaging to society than a few swapped files. How do you justify asking for billions of dollars of so-called damages or years of jail time when people who shoplift some CDs receive little if any punishment?
  • Suggestion (Score:4, Interesting)

    by Dachannien ( 617929 ) on Monday July 14, 2003 @11:32AM (#6434727)
    I don't really have a good question to ask them, but I might suggest that they take a look at the dslreports thread referenced at this link [slashdot.org]. The guy(s) those people are investigating are actually trying to sell other people's software for profit, not to mention spamming people to do it, which is a good deal worse than those who share music at the cost of their own bandwidth.

    Oh, I take it back, I do have a question:

    How much effort is being spent these days on investigating old-fashioned for-profit organized-crime software piracy, like selling WinXP out-of-the-box at local computer shows, versus pursuing home computer users sharing files over peer-to-peer networks?

  • Who's to blame? (Score:3, Interesting)

    by dethl ( 626353 ) on Monday July 14, 2003 @11:32AM (#6434728)
    When talking about a P2P application, who is the one to blame for the piracy? The programmers of the P2P app, or the people who use the application for piracy?
    • Re:Who's to blame? (Score:3, Insightful)

      by HowlinMad ( 220943 )
      *Scenario* A man takes a gun and murders someone with it.

      Now who is to blame? The gun manufacturer or the idiot who killed someone? Now there are legitmate legal uses for a gun (skeet shooting, etc), but should the makers be help responsible because the user used it for an illegal activity - NO. P2P has legitimate legal uses, but it is not the makers fault if noone uses it that way. What it all comes down to is the ser made the choice to break the law, and in the end should be the one who is responsible.
  • just curious (Score:4, Interesting)

    by kfuq ( 513110 ) * on Monday July 14, 2003 @11:32AM (#6434730) Homepage
    What does a job/career such as this pay? (Avg. Yearly)

    Is this a Type of career that you are basically "married" to your job?

  • by too_bad ( 595984 ) * on Monday July 14, 2003 @11:32AM (#6434733)
    Here is a question I have been dying to ask for a long time, but never
    got a chance until now for which I thank you and slashdot.

    As we all know, laws cannot be defined like scientific formulas, but rather
    have to evolve to suit the needs of the society and to adhere to the spirit
    of what the founding fathers intended.

    My question is this. When you persue, and prosecute intellectual property
    cases (esp. related to music industry) what sort of guidelines do you use
    here to differentiate between fair use of listeners and property rights of
    conglomerates ? Do you follow all cases int he same way ? Are there
    references made to the text by the founding fathers and their ideas regarding
    balancing soceities need for creativity and owners(not necessarily creaters) need
    for profits ? I would like to know what goes on in the closed rooms where decisions
    need to be made regarding allocating tax-payers resources to persue cases where
    it may not always be clear where the fair line needs to be drawn. Do you ever
    get the feeling that not making a good judgement over long period can lead to civil
    unrest in digital domain, as has happened before?

    Are there times that you personally feel that enforcing a law to its word is unfair
    but have to nevertheless enforce it to adhere to the letter ?

    What do you think is the future of some of the current IP laws and future proposals
    from a law enforcement perspective ? Do you forsee any major obstacles for enforcement of
    some of the stricter digital rights laws that are on the table ?

    Thanks again,
    Too Bad.
  • by Friendly ( 160067 ) on Monday July 14, 2003 @11:33AM (#6434743)
    In the eyes of the Justice Department what is/are the greatest threat(s) to IP in the US?

    Friendly
  • by non ( 130182 ) on Monday July 14, 2003 @11:33AM (#6434744) Homepage Journal
    do you have any special metrics or do you just use the claims presented by plaintiffs? if you have metrics of your own, how were they calculated?
  • open Source (Score:5, Interesting)

    by jas79 ( 196511 ) on Monday July 14, 2003 @11:33AM (#6434747)
    How does your Section handle Open Source/Free software licenses? for example how do you check if a FTP server is allowed to distribute software?

    Can CCIPS prosecution of people who violate licenses of Open Source software?
  • by dhodell ( 689263 ) on Monday July 14, 2003 @11:33AM (#6434750) Homepage

    Is there any sense as to the actual guidance of the cryptography export laws? As an American citizen living in the Netherlands, I've been faced with a lot of problems, especially in this area. For instance, I'm legally unable to get source code for projects such as Kerberos (although it's been possible "through other people." I don't get the feeling people take this very seriously, and was wondering what you guys thought.

    How do you wish to punish cyber criminals coming from other countries? For instance, if a Dutch hacker cracks a US corporate server (ignoring US/Dutch relations for a bit), would it be possible to prosecute this person? Are there UN regulations for computer "terrorism" (as I'm sure Bush would have it called, ehehe :)

    What are your perspective's of Microsoft's Palladium technology and it's legalitites?

    How often do internet security cases get tried?

    I'm sure I could go on with tons more, but I think this is probably enough.

    • Although these are excellent questions, I'm not sure that these are IP questions.

      They seem more like national security/International scope questions. I don't think that these IP lawyers can answer them.
  • by God! Awful 2 ( 631283 ) on Monday July 14, 2003 @11:36AM (#6434766) Journal
    I know you're not allowed to provide legal advice, but can you clarify this one simple question that's been dragging on all our minds:

    Is music piracy theft, or is it just analogous to theft? Or is it analogous to stealing buggy whips?

    -a
  • distinctions (Score:5, Interesting)

    by newsdee ( 629448 ) on Monday July 14, 2003 @11:36AM (#6434767) Homepage Journal
    Is a distinction made between different levels of IP infringement?

    I imagine that, from a legal standpoint, there should be a different point of view between a student that copies one software for personal use and a blatant thief who makes money out of selling the same copied software.

    However, this question has two assumptions:
    - The student would not use the software if it was not available (i.e. it is not a lost sale)
    - Both activities are infringing (i.e. this question is not seeking to justify the first case)

    I think this question is especially relevant since there are reports that the RIAA is now prosecuting students for "infringements" that are mostly gray areas (i.e. the infringement does not seem proven beyond a reasonable doubt, at least to the public).

  • by bigpat ( 158134 ) on Monday July 14, 2003 @11:36AM (#6434771)
    What do you see as the governing reasons behind the intelectual property laws? And do you find any inconsistencies in reason or effect with the laws as written? Do you see any ways the laws might be changed to make them better? For example, would it make sense for lawmakers to better codify examples of fair use or is this best left in the hands of the courts?
  • Knowledge (Score:5, Interesting)

    by gerf ( 532474 ) on Monday July 14, 2003 @11:37AM (#6434774) Journal
    As Law and Technology are two fields with little in common, what kind of real-world working knowledge do IP lawyers have? Do they simply prosecute/defend cases based on what their told by a handful of "experts" or do they actually know how to use the technologies in question. Is there a call for more Engineers-turned-lawyer for cases such as this? I am about to finish my bachelor's in EE, and am thinking of law school. Thanks.
  • Foreign Agencies (Score:5, Interesting)

    by mitd ( 81156 ) * on Monday July 14, 2003 @11:37AM (#6434779)
    As a Canadian I am curious as to the co-operation you receive (if any) from agencies outside the US? Specifically Canada but also internationally in general.
  • by kafka93 ( 243640 ) on Monday July 14, 2003 @11:38AM (#6434785)
    Given that from a legal standpoint (and, many would argue, an ethical one) there is a distinction between "copyright infringement"/IP violation and "theft", what views do you have on the regular and incorrect/misleading application of the latter term by such people as the RIAA and law enforcement? Such misuse of language seems disingenuous, and taints the arguments of those who might otherwise have valid points to make about the morality of misuse of intellectual property rights.

    It seems that if there are ethical arguments against piracy and other forms of copyright misuse, those arguments can and should be made on their own merits without the introduction of psychological wordplay apparently designed to confuse the public and cloud the debate. Accordingly, what steps are being taken to clarify the correct terminology and to avoid jingoistic use of words like 'theft', 'thieves' and 'stealing' amongst law enforcement and elsewhere?
  • by The Fanta Menace ( 607612 ) on Monday July 14, 2003 @11:38AM (#6434787) Homepage

    Why is the government so willing to bend over backwards to help copyright holders, yet it does seemingly little to protect individual fair use rights?

    As it stands, if I were to break the copy-protection scheme on a CD to make a backup of it for personal use, I would be in breach of the DMCA, even if I had no intention of making an illegal copy of it. Piracy is already illegal, those who commit it are going to do it anyway - this law simply makes criminals of ordinary people.

  • by reimero ( 194707 ) on Monday July 14, 2003 @11:39AM (#6434797)
    Obviously, you have law degrees, but what other degrees or field expertise do you have (such as computer science backgrounds, library degrees, etc.)? Obviously, not everyone is going to understand every single patent out there, but do you handle cases exclusively by what's on paper, relying on the claims of industry experts, or do you provide your own understanding of at least some of the key fields?
  • Damages (Score:5, Interesting)

    by Merk ( 25521 ) on Monday July 14, 2003 @11:39AM (#6434798) Homepage

    What is the DOJ's position about damages companies claim for copyright infringement? Are they taken as-is, or does somebody verify claims?

    For example, say Joan Filetrader has a Metallica MP3 in her shared directory and is eventually prosecuted for copyright violation. It seems like it is standard practice for Metallica's copyright holders to do math like "Well the connection was up for 1 month, and her bandwidth is 8Mb/s, that means that she could have transferred 2,500,000 MB that month, and since the MP3 is 5MB she cost us $10,000,000 in sales."

    Does the DOJ review that math and do things like verify what the likely impact on the company's bottom line was?

  • by ephraim ( 192509 ) * on Monday July 14, 2003 @11:39AM (#6434800)
    What type of legal training do investigators have?

    I'm asking this as a techie who is considering attending law school. What coursework has been helpful to your jobs? What types of internships or other jobs have prepared you for your work? How many of you worked with technology as a programmer/sysadmin/etc. before going into law and/or law enforcement? Any other advice for a techie interested in IP technology law? /ephraim
  • Triage (Score:3, Interesting)

    by padukes ( 599707 ) on Monday July 14, 2003 @11:41AM (#6434820)
    How do you decide which case / offenders to go after? Do industries / lobbies have influence? What about congress? What about individual citizens? Can you just go after whomever you have a personal grudge? What kind of checks are in place to monitor the triage process? Who are you accountable to?
  • by AstroDrabb ( 534369 ) on Monday July 14, 2003 @11:41AM (#6434821)
    Why has corporate profit become more important the Fair Use and a healthy Public Domain? Why is it legal to use copy prevention techniques that will hinder/remove fair use and could stop items from going into the public domain? Why is it legal for the corrupted media giants to continue to pay off the dirty politicians to extend copyright laws? Don't you feel that this creates a perpetual copyright and thus is against the constitution? What US laws mention anything about "IP"? Since when is an idea your property? If you have an idea and share it with anyone, then that knowledge is no longer just your property. It is now information that is stored in my brain as well and no one has the right to remove that from me. Knowledge is meant to be free. If I share an idea with you, I have lost nothing in the process and yet I have enlightened you. Stop the corporate monopolies and greed, remove software patents and restore competition and innovation to the IT industry.
  • by newsdee ( 629448 ) on Monday July 14, 2003 @11:42AM (#6434835) Homepage Journal
    How strong is the "lost sales" argument that copyright holders usually make when prosecuting "not-for-profit" copyright infringement? Especially when the product is not tangible (software and music, not CDs)?

    Although it is often mediatic, any student of accounting will immediately recognize that the number is merely an estimate of available infringing copies, further inflated by the assumption that every copy would have been bought. Both can be easily altered to craft an alarming number.

    (Disclaimer: this question is not seeking to invalidate these numbers, but seeking to know how strongly they are considered from a legal standpoint).

  • by Funksaw ( 636954 ) on Monday July 14, 2003 @11:43AM (#6434846)
    How much of the Justice Department's time and resources will be allocated to the search for pirates? Is there a cutoff point of damages (real or imagined) that an illicit copier would have to produce to even have the matter worth investigating? -- Funksaw
  • by mjmalone ( 677326 ) on Monday July 14, 2003 @11:43AM (#6434853) Homepage
    How do you feel about the anti-circumvention provisions in the DMCA, specifically how they apply to non-copyrighted or public domain materials. It seems to me that this clause has granted corporations an unlimited copyright on any material they publish. This is not only unfair to the consumer, but unconstitutional. IANAL, but you are, so what is your opinion?
  • by HaloZero ( 610207 ) <protodekaNO@SPAMgmail.com> on Monday July 14, 2003 @11:44AM (#6434863) Homepage
    Do you see Open Source Software (Linux, UNIX, BSD) platforms and applications a threat to DRM security? Would you prefer the world be controlled by a more DRM-friendly platform (for greater control over alleged IP infringement)? Or was that all propaganda put fourth by another agency to discredit yours?
  • determining damages (Score:5, Interesting)

    by jd142 ( 129673 ) on Monday July 14, 2003 @11:44AM (#6434869) Homepage
    We often hear that software piracy costs X amount of dollars or music piract costs Y dollars every year. How are those numbers arrived at?

    For example, let's say Pete Pirate grabs a copy of Microsoft Office and the latest Brittany Spears album from some site.

    Microsoft has a list price of $499 for a full version of Microsoft Office XP Professional. But no one in the history of computing has ever paid full retail price for any copy of office. warehouse.com, about as mainstream as you can get sells it for $65 dollars less. You can get it for much less if you shop around or purchase it as part of an OEM deal.

    Similarly, Brittany Spears's latest cd has a list price of $19. No one pays that either.

    So did Pete pirate $520 worth of product or $447? That's about a 14% increase in damages.

    And what's to stop a company from artificially inflating the MSRP of a product in order to inflate the damages?

  • Background (Score:5, Interesting)

    by TrekkieGod ( 627867 ) on Monday July 14, 2003 @11:45AM (#6434879) Homepage Journal
    Given that as IP lawyers at CCIPS part of your responsibilities is not only enforcing current laws, but also "reviewing new policy proposals, legislation, or international agreements related to IP", I'd like to know something about your overall technical background.

    A frequent gripe with the geeks here at slashdot, myself included, is that apparently legislators are not sufficiently well informed to create IP laws, frequently proposing and enacting laws which either constrain individual rights in favor of protecting those of big corporations (like the DMCA), or are simply not effective, because they can never patch the frequently referred to "analog hole" which is always a required step for humans to get to the information.

    Given that for ethical reasons, you may not give your honest opinion on said legislation since you are required to enforce them, I'd simply like to know if I can trust that you are sufficiently well-informed to give council on these ever emerging new IP legislations. Do you feel that you truly have sufficient technical experience as opposed to your obvious legal ones? Can you elaborate on what type of experience you feel helps to qualify you to truly understand the ramification of these legislations?

  • by b.foster ( 543648 ) on Monday July 14, 2003 @11:45AM (#6434881)
    As prosecuting attorneys, you have the ability (and burden) of choosing which offenders out of thousands of suspects should be pursued by the Federal government.

    In some cases this decision is clear cut: the largest and costliest criminals should be dealt with first. But in a lot of cases on your Cybercrime page (notably, some of the targets in Operation Decrypt [cybercrime.gov]) you chose to prosecute a few of the "small fry." The same dragnet that netted convictions for a $14 million offender also snared a few guys who only caused losses of $7000. Interestingly, among the latter persons were some of the most skilled embedded security experts alive today.

    So, how often do you target offenders based on pressure from the crime victim, high visibility, high (criminal) intelligence, or other factors not directly related to the crime? And who, besides the prosecutor's office, weighs in (indirectly or directly) on these decisions?

  • by GreatOgre ( 75402 ) on Monday July 14, 2003 @11:48AM (#6434895)
    I know that most of the cases involving IP infringemnet that the media gives any attention to are computer related. I feel almost certain that there is noncomputer IP infringement that occurs as well (think corporate espionage). How many of these noncomputer related cases do you get involved in? Why or why not?
    • I know that most of the cases that get media attention involve computer related IP infringemnet. I feel almost certain that there is noncomputer IP infringement that occurs as well (think corporate espionage, printing illegal copies of books). How many of these noncomputer related cases do you get involved in? Why or why not? If the case is why not, what makes the computer related IP infringement criminally illegal and the noncomputer related not so? Or is there another branch within the DoJ that handles
  • Going Native? (Score:5, Interesting)

    by Andy_R ( 114137 ) on Monday July 14, 2003 @11:48AM (#6434899) Homepage Journal
    Here in Britain, we recently shut down the governemental body that regulated our train services because they were tending to take the side of the small number of contact personnel at the train companies that they dealt with on a day to day basis rather than the side of the faceless multitiude of passengers who they only knew through a few angry mails.

    Given that your department will (in the vast majority on cases) be working on behalf of a very very small number of copyright-holding organisations against potentially millions of nearly anonymous file sharers, how will you prevent this 'going native' phenomenon biasing your investigations in favour of people you having a close working relationship with, and how will you defend yourselves against the inevitable accusations that you have 'gone native' and are a 'private police force' for the copyright holders?
  • by Pxtl ( 151020 ) on Monday July 14, 2003 @11:48AM (#6434901) Homepage
    What is your opinion on the case of Daniel Peng? The internet at large is angry at the treatment of Peng by the courts - many consider sites like the one Peng created to be "common carriers" - that is, all Peng's site did was list the files other users had chosen to put on the academic network to be freely downloaded. Was it his responsibility to ensure that all the files listed on the academic network (which, unlike Napster, was a network he did not operate or design) were legitamate? While he may have been personally involved in pirating files (that is, he may have personally downloaded files to his computer) that was not the focus of the lawsuit. Peng was placed into a legal battle where he had no chance at victory, and as such had to settle out of court. What is your opinion on this case, and ones like it?
  • IP Abuse (Score:3, Interesting)

    by Rezgod ( 689316 ) on Monday July 14, 2003 @11:49AM (#6434909)
    My question is twofold: First, In your workings with IP laws have you run across any particularly staggering shortcomings/ loopholes/ abuses that you were forced to work with/ around? and Second, If you were able to change any aspect of IP law... both how it is applied and how it is regarded/ adhered to... to make the system 'better,' what would it be? Thanks for your time!
  • Question (Score:3, Interesting)

    by TennesseeJeff ( 665629 ) on Monday July 14, 2003 @11:49AM (#6434910)
    From what I have seen the vast majority of your efforts go to protect corporations and companies with vast resources. Can you give some examples where your department has helped individuals or the underdog versus a major company? How about examples where your department has exonerated those falsely accused?
  • Piracy vs. Sharing (Score:3, Insightful)

    by HardcoreGamer ( 672845 ) on Monday July 14, 2003 @11:50AM (#6434919)
    Please provide your definition of Piracy and your definition of Sharing with respect to software and to music.

    In the past, piracy was considered the illegal duplication and resale of software for profit. The key word there is RESALE because money was changing hands.

    Sharing was just what it sounds like: sharing copies of software -- where no money changed hands -- which was considered a legitimate marketing vehicle by software companies because it gave them an increased market share and propagated proprietary file formats, even though they didn't immediately realize revenues based on a sale. Instead the model was get people to use it and maybe they would pay for the next version of the software.

    Now sharing has transformed into piracy through industry campaigns and media (mis)use of the term, even though no money ever changes hands on file-sharing networks like Kazaa and the ill-fated Napster, or when you load copies of the same software package on two computers.

    Can you explain this? I don't recall the courts being used to prosecute for sharing in the past, although the practice has now become common.
  • What is the department's current understanding of the boundary between "Fair Use" and infringment?

    For software:
    - Reverse engineering: For interface / file format compatability? For workalike replacement? How much can proprietary code be examined? What must be done to stay legal (or at least beyond the interest of the Departmen) and PROVE it?
    - Code copying: How much before infringement begins? Is there a clear definition of the boundary if it isn't lines of code?

    For music/movies/other entertainment programming:
    - Time-shifting: Is it "Fair Use" to capture broadcast programming for listening/viewing at some other time?
    - Space shifting? Is it "Fair Use" to make a copy to use in your car, workspace computer, etc.?
    - Backup? Is it OK to make a backup copy - provided if you sell the copy or original the other is also transferred or destroyed?
    - Sampling for inclusion of snippets in other works? If so, how much is "Fair Use" before "Infringement" begins.

    In either software or entertainment programming: Does the department interpret the DMCA or other anti-"piracy" laws as trumping "Fair Use" rights, such that activity that would be legal under copyright "Fair Use" alone is illegal under anti-piracy laws?

    In particular: Does the department believe that defeating copy-protection is a crime even if it is only used for activities that would be "Fair Use" if copy-protection were NOT defeated?

    I recognize that this is both a matter of policy and court rulings, and that both are subject to change in the future. I also realize that the opinions of the department and the courts may differ - what I'm after is the department's current interpretation of what MAY be illegal and IS likely to result in prosecution by the department.
  • by C0deM0nkey ( 203681 ) on Monday July 14, 2003 @11:52AM (#6434949)
    First, let me say that I would really like to thank you for willing throwing yourselves on the sword before the Slashdot community, many of whom may not be open to hearing your side of the debate.

    My question has to do with how you feel at the end of the day. I realize that opinions will probably vary among team members, but I am curious as to how many of you go home at the end of the night feeling regret over your role in prosecution? In other words, do you really believe the laws you are using to prosecute are Just or are you tossing aside your own stake in the outcome ala "The Law is the law"?

    To clarify, the phrase "Everyone deserves a good defense" can be applied to the classic example of the defense lawyer who defends someone who they know is guilty of some heinous act.

    When asked to prosecute a case, do you consider the long-term, chilling effects a "win" could potentially have on research and development, fair use, etc. and does it leave you feeling soiled or do you honestly believe it is your patriotic or moral duty to prosecute using laws in which you may or may not completely believe? Can you refuse to take a case based on your own convictions or does that equate to professional suicide (at least with regards to your position with the DOJ)?

  • by Radical Rad ( 138892 ) on Monday July 14, 2003 @11:52AM (#6434950) Homepage
    Because I have paid license fees for the same music several times, (albums, 8track then cassettes, then Cd's, now going to digital) I have been pleased to see the courts uphold the common-sensical concept of time-shifting and space-shifting. My question is, have you personally ever asked a friend or relative to videotape a show for you while you were out of town and is there some fundemental difference betweeen doing that and downloading an audio only recording of music you have already paid for (sometimes over and over again.)
  • by Elwood P Dowd ( 16933 ) <judgmentalist@gmail.com> on Monday July 14, 2003 @11:55AM (#6434984) Journal
    Please characterize the types of criminals that you go after. Mostly warez rings? Businesses that don't license all their software? College kids with FTP sites?

    I'm sure it's impossible for a group of 40 people to round up every IP criminal. How do you ensure that you aren't ignoring a piece of the pie?
  • What's legal? (Score:5, Interesting)

    by sterno ( 16320 ) on Monday July 14, 2003 @11:56AM (#6434992) Homepage
    I think one thing that people struggle with is understanding what is actually legal to do with the media they purchase. I'm not talking about ethics, but the actual letter of the law about what I am allowed to do. So to simplify, what's legal or illegal about the following cases:

    1) Copying a CD to tape to listen to in my car
    2) Ripping a CD to listen to on my computer at work
    3) Loaning a CD to a friend
    4) Ripping a copy of a CD and giving those files to a friend
    5) Ripping a copy of a CD and putting those files on Kazaa
    6) Selling copies of the CD

    Related to this, how does the volume of these activities influence them? Is it legal to make one copy of a CD for one friend? What if it's for 100 friends? or 500 friends? We can talk endlessly about the spirit of the law and the ethics of it, but the letter of the law is critically important here.
  • by rhadamanthus ( 200665 ) on Monday July 14, 2003 @11:57AM (#6435010)
    If DRM-included hardware does become the law via the CBDTPA (SSSCA) or any other legislation, how does this interact with regards to copyright expiration? The DMCA makes it illegal to circumvent such DRM, thereby basically enforcing perpetual protection of the work. If the work is perpetually protected via this combination of law and technology, how can it be copyrighted legitimately, since the work will never *really* be able to join the public domain? This is analogous to trade secrets vs. patents, unless measures are taken to ensure the DRM encryption is removed once the copyright term is over. Or would that be illegal through the DMCA as well? The DMCA states, "No person shall circumvent a technological measure that effectively controls access to a work protected under this title." The title referred to is title 17 of the US Code, which covers copyright. I can therefore assume that removing copyright protections on expired copyrights would not be against the law. However, the DMCA also forbids the selling of tools to circumvent the very same DRM. I find it hard to believe that the RIAA/MPAA would let these tools become available regardless of the user's intent and/or rights under copyright expiration rules. Any comments about this apparent paradox?
  • by Beryllium Sphere(tm) ( 193358 ) on Monday July 14, 2003 @12:00PM (#6435046) Journal
    The world's full of kids of all ages who like to take things apart to see how they work, and engineers who need to find out how things work. There are some open questions about how current law affects them.

    What are the department's policies and guidelines about whether an instance of reverse engineering violates intellectual property rights? Would the department consider criminal action against someone who reverse engineered a product if the click-through license said not to?

    What factors would the department consider if trying to decide whether a security researcher's work was legitimate?

    Does the department recognize a public interest in publicizing flaws in commercial software, even if it involves extracing proprietary information?

    Finally, from your personal perspective as believers in the rule of law, what are the top two or three changes you see as necessary in US IP law?
  • Kevin Mitnick (Score:3, Interesting)

    by srealm ( 157581 ) <prez&goth,net> on Monday July 14, 2003 @12:02PM (#6435054) Homepage
    When Kevin Mitnick was tried, the 'damages' listed in his trial were calculated simply by taking the arbitary value that DEC, et al. attributed to the software he copied, and adding them all together (regardless of any actual damages suffered). This (and being the first big cybercrime case that the Justice Dept. wanted to come out strong against) was a primary motivation in the overly severe (which has been admitted post-trial) sentance handed down. Combined with this, unprecidented media hype to Kevin being held without even a bail hearing pre-trial.

    How has the Justice Department's methods of assigning damages, investigation tecniques, and tech savvy (ie. telling the difference between hype and fact) improved since the Mitnick case? And would Mitnick have been tried as severely if he was being tried by today's Justice Department as opposed to the 'wild west' of the computing era?
  • by kalidasa ( 577403 ) * on Monday July 14, 2003 @12:02PM (#6435058) Journal
    Granted that there is file sharing that violates both the intent and the letter of US law, and that the law should be enforced: to what extent is the "enforcement" of such laws crippled by the behavior of the victims? What do you think of the argument that the ubiquity of illegal file sharing is less a function of the availability of the technology than of an imbalance between the cost to consumer of the works being illegally copied and the demand for those works? Or, by extension, that the artificial limits placed by the copyright holders on the legal distribution of their work (staggered release dates, different pricing in different markets, etc.) encourages illegal distribution to compensate for those limits? At what point does the cost of enforcing these laws become the responsibility of the victims rather than of the majority of taxpayers who do not violate these laws?
  • Damages (Score:5, Interesting)

    by chrischoo ( 668921 ) on Monday July 14, 2003 @12:05PM (#6435096) Homepage

    I'm disturbed by the way large conglomerates determine and demand damages based upon projected profits should a product's IP have not been violated and piracy had not occurred.

    It's a somewhat flawed argument to claim that $5,000,000 worth of software was confiscated in a piracy raid when off the shelf, at the point of purchase, the software would only have had a $2,000 street value (I'm referring to how much the pirates price the products).

    Basic economic theory would point out to you that the lower the cost of ownership, the greater the demand for that product. Even if the retail value of a shop's pirated products had been worth millions, I can't imagine how they would have been able to sell these products that the prices they were pegging it at.

    Although piracy is wrong per se, how much in lost profits should a company be allowed to attribute to piracy? I think cases where students from universities are hauled up for file sharing and the penalties imposed on them are totally absurd although the crime is similar (piracy) but the damage, obviously can't possibly be so high.

    How does the law make sense of this? How far should IP be protected and would we ever see an end to some of the whimsical claims made by IP owners?

  • by squarooticus ( 5092 ) on Monday July 14, 2003 @12:12PM (#6435159) Homepage
    The distinction between natural and intellectual property (i.e., rivalrous vs. non-rivalrous goods) makes the case for copyrights/trademarks/patents actually being property pretty thin.

    For example, it is at least much more difficult to place prior restraint on and/or proper defenses around music, names, and ideas than on and/or around a house, jewelry, and a car.

    I'm not opposed to copyright (and patent, and trademark) protection, and in fact, I think such things are desirable as incentive to produce, although the current copyright term is so ridiculously long as to be an anti-incentive.

    However, it is not clear to me that we the public instead of they, the copyright holders, should be paying for the investigation and punishment of violators, especially given the much greater scope of the problem and consequent cost versus the protection of natural property.

    After that long-winded preface, my question is therefore: why has the government chosen to make IP enforcement a criminal, rather than civil, matter, given the added costs, both in fiscal and libertarian terms?

    Kyle
  • The DMCA (Score:5, Interesting)

    by Sylver Dragon ( 445237 ) on Monday July 14, 2003 @12:26PM (#6435286) Journal
    Now that it has been with us for a few years, and doesn't seem to be going anywhere, how has the DMCA (Digital Millenium Copyright Act) affected your job? I would assume that you now see cases of this nature, are such frequent, and how do such cases often go? Is this law really providing for the common good of the people, or is it simply creating more problems than it is solving?
    And, of course, what are your views on this law, has it actually helped to slow the tide of copyright infringement, or not? And considering the boundryless nature of the internet, do you expect that a law, such as this, or any IP law for that matter, will be effective for much longer?

  • by expro ( 597113 ) on Monday July 14, 2003 @12:42PM (#6435387)
    What did you learn about your interpretation of DMCA from the acquittal in the Sklyarov / Elcomsoft prosecution?
  • by preric ( 689159 ) on Monday July 14, 2003 @12:48PM (#6435433)
    Have you ever caught one of your family members sharing pirated material?
  • by red floyd ( 220712 ) on Monday July 14, 2003 @12:54PM (#6435491)
    When the movie studios advertise DVDs, the advertisement always says "Buy it today!" (or "By it [insert-time-frame-here]") or "Your last chance to own [insert-title-here]!".

    Yet the movie studios insist that we have not purchased the content, but merely licensed it. It seems that the studios are trying to have their cake and eat it too. Isn't this be a clear-cut case of false advertising? If so, why isn't the FTC cracking down on this?
  • by pootypeople ( 212497 ) on Monday July 14, 2003 @02:11PM (#6436167)
    And that's the price of representative democracy; however, the recent war over intellectual property shows an important crux point in our current government/governed relationship. The RIAA and MPAA are organizations of intellectual property holders that are using their influence to force out new technologies. In this way, they are acting much like a trust would act. After the recent anti-trust action against Micrsoft, I wonder when action hasn't at least beent tried against these industries. The music industry has already been found guilty of price fixing. Does the DOJ or any other organization have plans to take the MPAA or RIAA to court for their blatant violations of US antitrust law?
    Thanks,
    James Hare
  • by Maul ( 83993 ) on Monday July 14, 2003 @02:23PM (#6436258) Journal
    ... I find it extremely hard to believe that your division truthfully represents the "people" of this country. It seems that your job is to help mega-corporations make "examples" out of college students and others who are too poor to defend themselves.

    Yes, sharing copyrighted music and films is a crime. However, I see no justification for the insane penalties associated with file sharing and priacy. It seems that companies can make up some absurd figure in the billions, claiming it to be actual damages, without any sort of proof they have really lost that much at all from file sharing.

    Can you please enlighten me as to why software and media "pirates" as well as other "computer criminals" are in many cases treated worse than violent criminals who use weapons and rapists?
  • Comment removed (Score:5, Interesting)

    by account_deleted ( 4530225 ) on Monday July 14, 2003 @02:23PM (#6436262)
    Comment removed based on user account deletion
  • by Paul Johnson ( 33553 ) on Monday July 14, 2003 @02:41PM (#6436411) Homepage
    I keep hearing that the proceeds of large-scale commercial IP piracy are used to fund other crimes, such as drug-dealing and terrorism.

    How much does this actually happen? Are there any figures tracing this kind of criminal re-investment?

    Paul.

  • by OWJones ( 11633 ) on Monday July 14, 2003 @02:55PM (#6436540)

    In copyright law, 17 USC Section 512(c)(3)(vi) states that all notifications of copyright violations sent to ISPs must contain

    A statement that the information in the notification is accurate, and
    under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    (emphasis mine).

    Do you know of any cases in which the sender of an invalid takedown notice -- such as the RIAA claiming Penn State University Emeritus Professor Peter Usher's lecture on radio-selected quasars was, in fact, an mp3 from the musician Usher -- has been successfully charged with perjury? Or do you allow copyright holders some "fudge factor" with the perjury aspect, since

    1. It was an mp3.
    2. It did have the name of an RIAA-represented artist in the title, and
    3. It was at a university.

    If copyright holders are allowed leeway, can we expect to see similarly loose definitions of perjury creep into the legal system? If the police are looking for a "Caucasian male, age 50-60, bald, 200-225 pounds," can I testify in a court of law that the 18 year-old caucasian male with a ponytail, weighing 140-150 pounds, is in fact the suspect since he is, after all, a caucasian male?

    I realize that's more than one question and that they're slightly loaded, but I'd appreciate any comments on how seriously the DoJ takes the perjury clause of the takedown notices.

    Thank you.
    -jdm

  • by bwt ( 68845 ) on Monday July 14, 2003 @03:28PM (#6436852)
    First, thank you doing this interview. Most people here take IP very seriously and want laws and law enforcement that does what the Constitution intended.

    Contrary to what many lay-people believe, open source software relies (heavily) on copyright and the legal system that assures those rights. In fact, among Slashdot readers are a large number of people who own copyrights to open source software. My question is what services your organization offers in practice to "real people". Our community creates software whose quality competes with that of multi-billion dollar corporations, so we clearly have a significant interest in having our own rights as authors protected. We all have no doubt that if Jack Valenti finds a website selling pirated versions of his movies that law enforcement will descend upon the infringer with a fury comparable to that weilded against drug smugglers and violent criminals.

    Few among us would really object to enforcing the law against such a clear violation, however, I cannot help but wonder if there is equity in the system. I wonder whether an individual author's rights as a copyright owner would be similary protected? For example, if substantial quantities of code that one of us has written ends up in a company's product in a way that clearly violates the terms of an open source licence, how would the infringed copyright holder go about seeking your services?

    What policy governs your decision whether or not to act on behalf of a copyright owner when a complaint is raised? What assures that the heavy hand of the law protects an individual's rights with the same fury that it defends those of the RIAA or a major software corporation?
  • DRM and the future (Score:4, Interesting)

    by Quixadhal ( 45024 ) on Monday July 14, 2003 @04:14PM (#6437349) Homepage Journal
    As more material is migrated from analog sources to digital formats, and as new material is created only as a digital entity, how do you see our history and knowledge being protected in a format that is both fair to the copyright holders and useful to the consumers? How will it remain useable in the future?

    My concern here is that the current push to require DRM support in hardware seems to be focused on securing the right of profitability for the copyright holder of a given work. What legal protection does an author have to ensure that this work also becomes accessible when that copyright expires?

    Correct me if I'm mistaken, but under current US law (DMCA), is it not illegal to remove the content from a DRM container, even if it is simply to transfer it to a different DRM container? If this is true, then archiving an existing work from one media to another becomes impossible. That, in turn, implies that any digital work which falls out of publication will be lost when existing copies become damaged, or are made obsolete. Are there any provisions for a legal way to transfer DRM-protected works to a non-DRM (or "empty password" accessible DRM) container once they enter public domain?
  • by ckm ( 87462 ) on Tuesday July 15, 2003 @12:48AM (#6440263) Homepage
    How to do you view IP violations of commercial companies who are abusing the GPL and other Open Source licenses (eg. bundling binary only software that incorporates Open Source in violation of the license)? Would these be investigated to the same extend as violations of similar scope that involved proprietary code?

    I'm asking this because Federal prosecutions often have monetary thresholds attached to them, but this is hard to define in the case of Open Source...

    Thx.

    Chris.

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