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Stiffer Penalties for Copyright Violations 502

smallfries writes "US Attorney General Alberto Gonzales has proposed much harsher punishments for copyright violations, including jail time. The Intellectual Property Protection Act [PDF Warning] doesn't appear to change the fundamentals of US copyright law but does allow more leeway for the police when investigating suspected crimes, and harsher punishments for those convicted. A response with a link to one site's look at the bill is up on Linux Electrons. Now that attempting the crime has such severe consequences, who will be the first to go to jail for running a p2p client?"
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Stiffer Penalties for Copyright Violations

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  • BitTorrent (Score:5, Funny)

    by RequiemX ( 926964 ) on Sunday November 13, 2005 @12:23PM (#14020744)
    I use BitTorrent so I KNOW I'm safe...
    • Re:BitTorrent (Score:2, Interesting)

      by krang321 ( 854502 )
      Who will be the first to go to jail for running a p2p client?
      Meee...!

      But why would I buy legal CD's when you have people like Sony installing illegal software on computers?
    • by straight_up ( 921023 ) on Sunday November 13, 2005 @02:08PM (#14021266)
      $sys$torrent would be 100% safe if the RIAA listens to Sony music (and I bet they do)
    • Re:BitTorrent (Score:5, Insightful)

      by shanen ( 462549 ) on Sunday November 13, 2005 @03:06PM (#14021549) Homepage Journal
      That's actually touching on the real issue, but I couldn't find any place where it was addressed more directly in the following posts. BitTorrent and related technologies have broken the copyright system, and no number of draconian legal bandaids are going to fix it.

      The central notion of copyright is that the act of making copies was difficult, and therefore served as a kind of chokepoint to control distribution and make sure someone got paid. The justification for legal sanction is more complex, though I like the American version, that encouraging creativity is beneficial for the society.

      The copyright premise of difficult copying is totally broken. Staying with BitTorrent as an example, it was trival to distribute thousands of 75 MB copies of OpenOffice 2 in a few days. It could have been millions, and it would have made no difference from the usage perspective. When I got my download, it quickly maxed out my connection. More copies simply make it easier to do so.

      Since the foundation has crumbled to sand, it doesn't matter what sort of reinforcements they try to use. Gonzales is just being a typical BushCo idiot and is trying to steer by looking backwards. We need to rethink the entire notion of copyright and how to compensate creativity, not focus on "new" ways to keep a dying publishing industry on life support.

      • Re:BitTorrent (Score:3, Insightful)

        by IamLarryboy ( 176442 )

        "BitTorrent and related technologies have broken the copyright system"

        No Napster, FastTrack, and now BitTorrent have not broken the copyright system. The problems with the copyright system stem from its moral flaws and not from the fact that technology now exists that can subvert the system. In short the system was always broken Napster and its children mearly exposed it as existing in that state.

        For example, imagine that there is a serious flaw in ssh or some other such secure protocal. In that case ss

        • Re:BitTorrent (Score:3, Insightful)

          by shmlco ( 594907 )
          Sorry, but I belive you're wrong. Copyright exists to foster the creation of new ideas. It acknowledges that works of art do not just magically appear out of thin air, and that time, effort, training, and dollars go into their creation.

          The protections it grants give me, as an author, the potential (not the right) to profit from those creations. If the "free market" you expouse decides my work is successful, and it's well received, those profits allow me the time and opportunity to create new works, thus f

          • Re:BitTorrent (Score:3, Informative)

            by grmoc ( 57943 )
            Copyright was created to foster the creation of works, so as to create a larger body of works available to the commons..

            Currently, 70 years plus life of author is effectively forever as most people would be dead before the copyright expires on anything created today. This is contrary to the original intent. I believe the original intent is laudable, and the current regime of copyright control is draconian, and actually prevents the creation of new and interesting works in many cases-- Remix works, where pe
      • You all are misunderstanding the Republicans. The goal is not to discourage copying and file sharing. The goal is to find a new way to put millions of young people in prison. Private prisons are big business in the USA and the private prison companies like Correction Corporation of America and Wackenhut are big campaign contributors to Republicans. They get $30,000 per year from the government for every person that they hold in their private prisons. More prisoners means more profits for them, so they
  • by Anonymous Coward
    . . . the Attorney General has time for the arduous task of protecting the intellectual "property" of their corporate masters^W^W citizens.
  • It seems to me ... (Score:5, Interesting)

    by Daniel Dvorkin ( 106857 ) * on Sunday November 13, 2005 @12:25PM (#14020753) Homepage Journal
    ... as a matter of principle, that any time the government wishes to criminalize what was previously a civil offense, it should have to demonstrate an overriding interest in doing so. I mean, this goes way beyond IP law. Basically what they're saying is, "Anything you can get sued for, we can also put you in jail for." They're erasing the line between civil and criminal law. Where the hell does this end?
    • Welcome, darknets!
    • Where the hell does this end?

      When everyone is in jail.

      • by h4rm0ny ( 722443 ) on Sunday November 13, 2005 @12:44PM (#14020872) Journal

        No - when everyone can be put in jail as and when needed. Criticising the government or protesting a war may remain legal, but they can go through the list and find something else to arrest you for as and when needed.
      • by toddbu ( 748790 ) on Sunday November 13, 2005 @12:47PM (#14020888)
        Sorry, but with the war on drugs our jails are full already. We can build more I guess. Then our society will be divided into two classes: (1) those in jail, and (2) those who aren't in jail.

        One thing that I really hate about conservatives (and I am one) is that we get these insane ideas that jail is the right solution for every problem. But this is just really, really stupid. Should we jail people for speeding? It is, after all, a crime. I'd be more than willing to bet (which, by the way, is also illegal where I live) that more people are killed each year by excessive speed than by excessive downloading.

        • by TGK ( 262438 ) on Sunday November 13, 2005 @01:07PM (#14020976) Homepage Journal
          Then our society will be divided into two classes: (1) those in jail, and (2) those who aren't in jail yet.

          Fixed that for you.
          • Mod parent up, "+1, damn I wish he was wrong"!

            Well, I suspect there's a third category - people who could get away with almost anything and still not go to jail. Knowing who's in this category (and what might cause them to leave it) is one of the more interesting bits of information on how a country's run.
            • by Anonymous Coward
              That reminds me of a little-noticed change in English law. Until recently, anyone breaking the law, however powerful, could be prosecuted by a citizen bringing a private criminal prosecution.

              However, there have been two apparently unrelated changes to the law:

              • In the 1980s, the Crown Prosecution Service, headed by the Director of Public Prosecutions (DPP), became responsible for bringing prosecutions on behalf of the police. They have the power to discontinue any prosecution they are conducting if they
          • Then our society will be divided into two classes: (1) those in jail, and (2) those who aren't in jail yet.

            More accurately:

            1. Those in jail
            2. Those who build and work in jails

            An added benefit of this structure is that it makes it very easy to move an individual from class (2) to class (1). Plus Wal-Mart will have a whole new market to branch out into, and something to add to their Superstores.
        • by mangu ( 126918 ) on Sunday November 13, 2005 @01:26PM (#14021062)
          more people are killed each year by excessive speed than by excessive downloading


          You are wrong. Considering that downloaders are nothing but communists, and communism killed 170 million people [hawaii.edu], downloading is a far more dangerous crime than speeding.

    • by jamiethehutt ( 572315 ) on Sunday November 13, 2005 @12:45PM (#14020877)
      Where the hell does this end?

      About the same point the "donations" do.
      • by roystgnr ( 4015 )
        Where the hell does this end?

        About the same point the "donations" do.


        Put an end to the "pass our evil laws and we'll give you money for campaign advertisements" status quo, and it'll just be replaced with "pass our evil laws and we'll publish our own advertisements for your campaign" - same effect, except that anyone who can't afford to buy a whole TV commercial will be out of the loop. Put an end to that, and it'll be replaced with "pass our evil laws and we'll publish 'news' stories that might as well be
    • by Anonymous Coward on Sunday November 13, 2005 @12:45PM (#14020879)
      More laws lead to more criminals; more criminals need bigger jails, and government employees to build the jails and catch the criminals. Hiring more government workers requires higher taxes and additional bureaucracy to track and collect the money. Meanwhile, Joe Senator gets re-elected because he delivered the legislation specified by his large corporate donors.

      And the people in charge get more powerful. Everybody wins!

      I totally can't wait for a world government to make this process even more efficient.
    • As it says, it doesn't change the law. It only makes investigating easier and punishment more severe.

      As long as they are on a roll, I'd like to see them do the same with corporate and political corruption. Let's see some political investigations actually get off the ground for a change. Let's see the corporations investigated rather than ignored. Make hightened security something for everyone, not just the rich and/or powerfull.

    • by TheMeuge ( 645043 ) on Sunday November 13, 2005 @12:53PM (#14020914)
      New criminal offenses in the US coming in the next 3 years

      1. Copying CDs
      2. Disabling, deleting or avoiding XXAA spyware/zombification tools
      3. Informing others or the press about the time you were taken to Turkey to be tortured.
      4. Knowing the reason why you were taken to Turkey to be tortured.
      5. Abortion
      6. Masturbation
      7. Using condoms or any other means of birth control
      8. Teaching evolution
      • by tsa ( 15680 ) on Sunday November 13, 2005 @01:48PM (#14021171) Homepage
        This seems to me scaringly close to reality. Not funny at all...
    • by Homology ( 639438 )
      ... as a matter of principle, that any time the government wishes to criminalize what was previously a civil offense, it should have to demonstrate an overriding interest in doing so.

      What they should and what they do are different things. The US Attorney General Alberto Gonzales is the same one that advocates use of torture, and claims that the Geneva Conventions are "obsolete". With an US Attorney General that is all too willing to violate human rights, no one should be surprised that he now propose ha

      • by ceoyoyo ( 59147 ) on Sunday November 13, 2005 @02:34PM (#14021381)
        If the US doesn't want to abide by the Geneva convention then their enemies don't have to either. So the "terrorists" are free to torture as well. Sure they do, but now it's not an outrage because they're just playing by the same rules as the US.

        By the way, once they declare war on you, they're not terrorists anymore. Especially not once you declare war on them. "War on terrorism" is an oxymoron. The Geneva convention also covers more than just prisoners of war... it also outlines what you can and can't do to civilians. So if you toss the Geneva conventions the "terrorists" haven't really done anything wrong. They declared war then used a tried and tested (by the US and Britain during WWII) method of attack -- bombing a major population centre.

        Since it was November 11th yesterday I think it's a particularly appropriate time to note that people should think for a minute before dismissing as quaint lessons learned the hard way in the worst conflicts in human history.
    • by commodoresloat ( 172735 ) on Sunday November 13, 2005 @12:56PM (#14020923)
      But unfortunately copyright is already criminal law. This doesn't call for such a fundamental change; it just calls for harsher penalties.
    • Probably in a concentration camp somewhere.
    • by mordors9 ( 665662 ) on Sunday November 13, 2005 @01:27PM (#14021065)
      Unfortunately since both political parties are the pawns of big business, the only people being prosecuted will be the same crowd that the RIAA/MPAA have been after. Why don't they apply this law to their corporate donors that ignore copyright law when they think they can. Most of them do it. But M$ has shown they can be tough to go after or any other large corporation. So to chalk up those convictions here they come after the teenagers and their parents.
      • Why don't they apply this law to their corporate donors that ignore copyright law when they think they can. Most of them do it

        Why does this bullshit get modded up? Give me some examples of these corporate donors "ignoring" copyright law - by which I assume you mean infringing.
  • Why? (Score:2, Insightful)

    by JoeShmoe950 ( 605274 )
    I am against illegal P2P, and I think that downloading songs is wrong, but why is it considered such a terrible crime. Lighten the penalties, and maybe people will buy from you!
    • Re:Why? (Score:5, Insightful)

      by Liam Slider ( 908600 ) on Sunday November 13, 2005 @01:32PM (#14021087)
      Downloading songs is wrong? Sorry, I was under the impression that under copyright law the user also has rights, not just the producer of media. I have a right to go and download a copy of a song I already own, as backup copies for personal use are fine. Also, fine are songs that are given away free by the artists themselves. Not all free downloading of music is wrong, regardless of what RIAA says.
      • Re:Why? (Score:3, Insightful)

        by Reziac ( 43301 ) *
        Something I've noticed among people I know well enough to judge: content producers (writers, music artists, whatever) who believe that they are *entitled* to an income from their work (whether it's liked by anyone or not) are the same ones who believe that ALL filesharing is evil.

        Conversely, artists who are thrilled to have fans at all seem to take the opposite tack, and don't mind harmless sharing; indeed, they recognise that exposure is cheap advertising and ultimately leads to a larger paying fanbase.

        In
  • by suso ( 153703 ) * on Sunday November 13, 2005 @12:26PM (#14020761) Journal
    To jump ship? Someone tell me when.
  • Guessing (Score:5, Funny)

    by josephdrivein ( 924831 ) on Sunday November 13, 2005 @12:28PM (#14020778)
    who will be the first to go to jail for running a p2p client?

    I hope it will be US Attorney General Alberto Gonzales's daughter. THAT would be real fun.
    • who will be the first to go to jail for running a p2p client?

      I hope it will be US Attorney General Alberto Gonzales's daughter. THAT would be real fun.

      Nah, more likely it'll be an 80 year old grandmother...

    • Re:Guessing (Score:3, Interesting)

      who will be the first to go to jail for running a p2p client?

      I hope it will be US Attorney General Alberto Gonzales's daughter. THAT would be real fun.

      I want to know why this HASN'T happened yet! In Sept 2003 when the RIAA started sueing people, they were immediately lambasted by the press for the people they sued...grandmonthers running Macs and 12-year-olds in the projects.

      Since then, despite the thousands of people they've sued, they haven't sued someone able to make a major stink by who
      • Re:Guessing (Score:3, Insightful)

        by Boronx ( 228853 )
        1. Number of famous people is small compaired to general population.

        and

        2. If you're famous, maybe you settle out of court. RIAA will be happy to settle, cause they can just take that money and use it to make an example of someone else who won't.
  • by truthsolo ( 519347 ) on Sunday November 13, 2005 @12:30PM (#14020791) Homepage
    You are under arrest for the copyslaughter of [insert artist name/software title here].
  • Stupid RIAA (Score:2, Insightful)

    by Aundy ( 930631 )
    I think copywrite laws are terrible, the only thing the do is punish teenagers who use the computer to get free songs. The artists who write them already have more money than they know what to do with.
    • Re:Stupid RIAA (Score:5, Insightful)

      by Entropius ( 188861 ) on Sunday November 13, 2005 @12:36PM (#14020829)
      Correction: the corporate masters of the artists who write them, and some of the pretty faces and breast implants that jiggle while they sing them, already have more money than they know what to do with.

      The actual artists aren't so lucky.
  • We can relax now (Score:3, Insightful)

    by bucephalis ( 165674 ) on Sunday November 13, 2005 @12:30PM (#14020794)
    It seems all the important crimes have been stamped out.
  • What now (Score:5, Funny)

    by FidelCatsro ( 861135 ) * <fidelcatsro@gmaDALIil.com minus painter> on Sunday November 13, 2005 @12:31PM (#14020798) Journal
    Embezzlement of countless billions : 5 years
    Stealing a slice of Pizza : life
    Murder : life or death penalty
    Copyright infringement : Life , then the death penalty , then your family are sold into slavery
    • I suspect this is just a ploy by the *AA to have the police go after children and grandmothers so they don't get the bad PR when they do it themselves.

      Next will be charging the parents when this "crime" is committed by their children. That way they can go after children without going after the children.
    • It's getting too hot around here now - I'm going to shift to other 'hobbies' like child molestation or drunk driving as the penalties are lower.
  • by ThatGeek ( 874983 ) on Sunday November 13, 2005 @12:32PM (#14020808) Homepage
    And in tomorrow's news...

    President Bush is pleased to introduce the Protect Democracy Act which would ensure the death penalty and forfeiture of all assets for singing a song written in the past 500 years without written permission from the copyright holder.

    The nation's test case is already in the pipeline, with an entire boy scout troop under indictment for singing The Star Spangled Banner before playing a game of wiffle ball.

    It is hoped that these new regulations make the world safe, in our continuing war on terror.
  • by anandpur ( 303114 ) on Sunday November 13, 2005 @12:36PM (#14020828)
    The spyware that Sony installs on the computers of music fans does not even seem to be correct in terms of copyright law.
    It turns out that the rootkit contains pieces of code that are identical to LAME, an open source mp3-encoder, and thereby breach the license

    http://dewinter.com/modules.php?name=News&file=art icle&sid=215. [dewinter.com]

    Sony rootkit violating GPL?, Seems to include parts of LAME?
    http://www.hydrogenaudio.org/forums/index.php?show topic=38700 [hydrogenaudio.org]
  • Attention all folks who are against copyright protection! There is something I would like you to do.

    Please write a book that will become wildly popular. Then publish that book and waive all copyright protections. It might take a year to write that book with no income coming in but that would be a small price to pay to make your point.

    You see friends, we already live in a world where copyright is a matter of choice. You don't have to participate in the universe of copyright protection. As a consumer you
    • by Maxo-Texas ( 864189 ) on Sunday November 13, 2005 @01:14PM (#14021013)
      You're right.

      I think we SHOULD still be paying john lennon and many other dead artists royalties despite the fact that when they recorded the songs the copyright limits were much shorter. Because I agree that all artists need to know that they will be compensated 20 or more years -after they are dead- in order to encourage them to write a song, paint a movie, or write a book.

      ---
      Heard the latest? they are now going after royalties on resales of USED books.

    • by MunchMunch ( 670504 ) on Sunday November 13, 2005 @03:09PM (#14021560) Homepage
      " Attention all folks who are against copyright protection!"

      Just so you know, there are maybe 3 people whose attention you've just reached. The rest of us believe in limited and reasonable copyright protection, for a finite, purely innovation-driving amount of time--which, if you notice, is just what the Constitution calls for. Our current system of copyright is nowhere near this.

      Honestly, very very few of us would dream of pronouncing that we are 'against copyright.' While it might be easy to respond to some sort of anarchist straw man, please take a little more time and thought to respond to the much more complicated reality. As it is, you're wasting everyone's time.

  • by Barbarian ( 9467 ) on Sunday November 13, 2005 @12:38PM (#14020840)
    Well I guess this is part of the quest for cheap labor. Pretty much everyone that could be locked up for drugs is, so now it's time to fill the prisons will evil p2p downloaders who will get paid $1 an hour answering phones or making license plates.
  • by Ckwop ( 707653 ) on Sunday November 13, 2005 @12:38PM (#14020845) Homepage
    Throughout history, this has always been the way. Can't stop people stealing in droves? Make stealing punishable by death. Can't stop people blasphemy? Mak the crime punishable by death!

    It is a natural reaction to make the laws tougher when people start to defy the law in droves but I urge people to ignore that reflex because often it is more instructive to look at root causes. Why do people pirate? Because the CDs are overpriced. Your average individual actually prefers the boxed CD to an MP3 but is not prepared to spend &pound15 on it. If you priced your CDs to reflect this desire then you could reverse the decline in CD sales.

    Often, real change does not come from politics but from the sound of a million feet. Politicans still believe that people want the artist to be compensated to the tune of £15 for a crappy manufactured album. The people do not. In the end the people will win; they always do. The question is how much political capital are they willing to spend fighting this change?

    The Internet has changed everything. I was working a project for a band a fairly high profile band in the UK who have totally ditched their record label in favour of a web-based approach. I can't blame them! Why get 1% of the CD record sales when I can get 100% and make more money than the labels were are paying?

    Another thing, They REFUSED to use DRM. Saying that DRM protects the artist is rubbish. It protects the label's reveune stream, that's all. This band understands the internet. They're saying they want you to copy because it's a bonus to them just to get heard by that one new fan. That one new fan might spend £50 on a ticket to see you at a concert. They may even by the tracks off the site just to support you. It builds loyalty when you trust your fans rather than hold them in contempt.

    The future is just getting started and we're about to see the big labels get their wing clipped.

    Simon.
    • Mod this up! Your band 'gets it'. Those seeking fame and who want their music heard understand P2P can provide them that exposure on their terms, without selling their souls, artistic sensibilities and financial futures to lawyers and accounts maquerading as music people. The main people who benefit from these laws are record companies stockholders and big established artists, most living off their back catalogue. Copyright was established to benefit society at large, not a tiny subset of its members.
    • by Reziac ( 43301 ) *
      Exactly so.

      Here's an example from my own life: a few years ago I tripped over an artist on the old mp3.com, liked the first download, pulled a few more MP3s, liked those even better, so I downloaded the entire set.

      Since then I've been in contact with the artist, and he's even emailed me one of his new MP3s.

      Now he's got a CD for sale on cdbaby.com, and even tho it's priced at the high end ($17) and doesn't include most of my favourites, I'm going to buy a copy, because not only do I like his music, he's earn
  • Sigh... (Score:5, Insightful)

    by Anonymous Coward on Sunday November 13, 2005 @12:40PM (#14020850)
    As long as the argument keeps getting framed as a battle of pirates cheating honest American companies out of their God-given profits, we will continue to see a push for harsh penalties. But frankly, this creation of a whole new class of criminals is not a world that I want to live in. So how can we convey to people that the bulk of IP violations don't deserve to be criminalized?

    * Tape a TV show for a friend
    * Play the new White Stripes CD at your office party
    * Forward an interesting email rumor
    * Make a cool picture you found on the web into your desktop background image

    These are all things that people frequently do without any sense of transgression. Are we as a society going to start sending grandmothers, middle school students and so on to jail? Are we prepared to start using web browsers without "save" functions, email programs without "forward" functions, software that reports on us if we're doing anything possibly illegal? The illegalization of non-DRM'ed mpg, avi, txt and mp3 files? Because that is where we're heading unless we put a stop to it.
  • A dual edged sword (Score:5, Informative)

    by Registered Coward v2 ( 447531 ) on Sunday November 13, 2005 @12:40PM (#14020853)
    Remember - the law is a neutral weapon - much like a landmind. It can be used against friend and foe alike. The key is to see how a law can help your cause - even if taht was not the original intent.

    The proposed law adds a new weapon against someone who violate Linux' EULA - and now makes it a criminal action to even try to violate it.

    Think of the law a giant real world RPG - you need to understand teh rules and bend them to your ends.
  • Loaded Gun (Score:3, Insightful)

    by UpLateDrinkingCoffee ( 605179 ) on Sunday November 13, 2005 @12:44PM (#14020873)
    It seems to me that if the government goes further down this path then even possessing works that aren't redistributable is going to be like playing with a loaded gun. One false move and the consequences are severe, even if there wasn't the intent to infringe. Is there a point where the potential consequences will be so severe that consumers might just start avoiding anything that has this risk?
    • Re:Loaded Gun (Score:3, Insightful)

      by Tlosk ( 761023 )
      The thought actually crossed my mind. Each year it becomes more and more troublesome to own a large, legally obtained media collection and use it the way you want. I'm seriously tempted to just chuck it all and be done with it. Already I've stopped buying new stuff for the most part, each DVD or CD is now a potential landmine that can screw up your computer. Makes me so mad.
      • Re:Loaded Gun (Score:5, Interesting)

        by Reziac ( 43301 ) * on Sunday November 13, 2005 @02:18PM (#14021301) Homepage Journal
        I had exactly the same thought as the parent post -- the day is fast arriving when even possessing non-redistributable content is too risky.

        I can see this being extended to a form of unreasonable search and seizure: Wandering the net, you find yourself on a filesharing site. You nose around a bit, then leave without downloading anything. A week later, the copyright nazis arrive at your door (armed with a warrant) and inform you that since your IP address was seen on a P2P site, you are automatically a suspect. They arrest you, confiscate your computer, and march the lot off to detention. Now it's up to you to prove your innocence.

        But... you've got a few ripped MP3s on your computer, from a CD you legally "own" (well, that you licensed from the record label) which in itself goes to show intent to distribute, as does possession of the tools to rip said MP3s.

        Now you're in REAL shit.

        Oh, and if you're a resident of a country where the DRM laws prohibit even discussing circumvention (frex, Finland if a current bill passes) you can't complain to anyone about this treatment, not even your lawyer.

        Yeah, right now this scenario seems an hallucination induced by a too-snug tinfoil hat. But it's certainly the direction things are headed.

        And given all that, out of sheer self-preservation it would behoove folk to buy ONLY those materials produced by bands and studios that specifically ALLOW free redistribution of ripped copies. (Or cloned copies if the artist so allows.)

        Note that I specified "ripped copies" and "free redistribution", NOT unauthorized hardcopies (ie. counterfeits intended for sale without payment to the artist), and NOT pay-to-download without paying the artists (PTD with micropayments to the artist should naturally be encouraged). Those activities should indeed be prosecuted, as they would be for any other counterfeit goods.

    • by twitter ( 104583 ) on Sunday November 13, 2005 @02:31PM (#14021358) Homepage Journal
      It seems to me that if the government goes further down this path then even possessing works that aren't redistributable is going to be like playing with a loaded gun.

      At the very least, it makes putting a copyright file on a network riskier, even if you have no intention of letting anyone else know about it. An easy and common example would be sharing music with yourself by sftp. They could claim it's an attempt to share with others.

      The real endgame is to make the internet look like broadcast TV. Only a few will have the power to share anything. Running a server is already forbidden by your ISP, despite the fact that many commercial applications do just that and would not work otherwise. The big publishers are closer to getting their way every day and it makes me sick. So much for free press in this country.

  • soon... (Score:4, Funny)

    by jp_fielding ( 564550 ) on Sunday November 13, 2005 @12:45PM (#14020878)
    it will be cheaper to simply murder all the witnesses.
  • Alert! Alert! PDF off the starboard socket! Load the drivers! Batten down your psyches! Warning! WARNING!!
     
    ...... couldn't have just printed [PDF] as an added curteousy for those that don't regularly check the status bar before clicking links. I might have put a similar suggestion there for a baby-boomer that is afraid of breaking their computer hardware through mis-use of a software program ... but come on,this is /.

    .
    -shpoffo
  • More Jail for All (Score:2, Insightful)

    by Hellraisr ( 305322 )
    Let's just throw everybody in jail for everything. That will solve all of the world's economic and social problems, right?
  • by shadowj ( 534439 ) on Sunday November 13, 2005 @12:50PM (#14020901)
    Stiffer penalties for copyright infringement won't change things much. If the public believes that they're not actually doing anything wrong, and that the chances of being caught are slim, they'll keep on doing it. Consider marijauna, for instance; today's drug laws are truly draconian, but there hasn't been much of a dent in pot smoking, has there?
    Now that attempting the crime has such severe consequences, who will be the first to go to jail for running a p2p client?
    The consequences haven't changed at all -- yet. There's a long way to go from a proposal from the attorney-general to the signing of a law.
  • Good I say.. (Score:2, Interesting)

    by adpe ( 805723 )
    Maybe Sony will get what it deseves then. [dewinter.com]
  • by Surye ( 580125 )
    I could have swore I read somewhere they have authorized the use of Sonic Weapons to combat copyright violations. Damn pirates! (Heh. ;)
  • Soooouuuuu (Score:3, Interesting)

    by psavo ( 162634 ) <psavo@iki.fi> on Sunday November 13, 2005 @12:54PM (#14020918) Homepage

    Is there any hard, researched, evidence that harder punishments decrease rate of whatever they're punishing?

  • ScuttleMonkey. What is wrong with you? Do you get paid to take the facts and re-write them?

    Please look up the definition of the word PROPOSED in the dictionary. I do not think that word means what you think it does.

    You cant then go on and say that now that the penalties ARE more severe, who will be the first one to go to jail.

    Please mod up if you believe this editor needs to go! At least someone get him an internship with his intellectual peers. Perhaps at the Rush Limbaugh show?

  • ... law but does allow more leeway for the police when investigating suspected crimes...

    So does this include going into Sony/BMG offices and confiscate their mail servers and backup tapes to find out who authorized the alteration of the Windows operating system in obvious violation of the copyright that does not give anyone but Microsoft the authority to do so? Or perhaps to enforce the Computer Fraud and Abuse Act section 1030?

    Or is just to extend the "To Serve and Collect" mentality?

  • ...by the wealthy, for the corporations. Yay capitalism!
  • Sheriff, do the letters F.O., mean anything to you?
    -Bandit, Smokey and the Bandit

  • Corrupt System (Score:5, Informative)

    by max born ( 739948 ) on Sunday November 13, 2005 @01:06PM (#14020971)
    I could almost support this bill if it wan't that the entertainment industry openly bribes the senators who'll vote on this legislation, example, Orin Hatch [opensecrets.org], entertainment contributions for the 2004 cycle were $180,000+.

    If you follow the trail it looks like most of this kind of legislation is bought and paid for by the very people it benefits.
    • Re:Corrupt System (Score:5, Interesting)

      by ScrewMaster ( 602015 ) on Sunday November 13, 2005 @02:33PM (#14021377)
      Well, if all the Slashdotters out there would simply send me ten dollars each, I would be happy to buy the Congressman of your choice. Minus a small handling charge, of course.

      What would happen if each of us made a personal contribution to our elected representatives, along with a letter explaining that if they vote intelligently on certain important issues, there will be more where that came from. Maybe if four or five hundred thousand technjocks start putting their money where their mouth is, we could eliminate the entertainment industry influence entirely. Sure, I know about campaign finance laws, but if a given representative or senator got all he could legally receive directly from his constituents before the first RIAA lobbyist showed up at his door, it would go a long way to restoring a little balance.

      And even if he has to give it back, the sight of a half-million small white envelopes, each containing ten or twenty dollars of actual cash might make him think a little. I mean things such as logic, reason, "doing the right thing", Truth, Justice and/or the American Way just doesn't seem to be enough anymore. So maybe we need to provide a little incentive.
  • by HangingChad ( 677530 ) on Sunday November 13, 2005 @01:12PM (#14021006) Homepage
    So get tougher! Typical Republican mentality: If beating on it doesn't work, try beating it harder.

    Never mind terrorism, the war on drugs, and corporate theft. Let's divert federal resources to go after those pornographers and college kids trading music! They've either got their priorities totally hosed up or they have WAY more people than they need and this is Justice Department busy work.

    Ignorance and incompetence rivaled only by those who continue to support a corrupt, ineffective and incompetent administration. Usually justifying their misplaced and hypocritical loyalty by whining that the Democrats aren't any better. Well, it's time to face the facts: The Democrats ARE better. They may not be the ideal but the worst of them could do better than this bunch of corrupt losers.

  • by cpu_fusion ( 705735 ) on Sunday November 13, 2005 @01:14PM (#14021012)
    The best quote is here [fmqb.com] and in a few other articles ...

    Gonzales said the new laws are needed because evolving technology is "encouraging large-scale criminal enterprises to get involved in intellectual-property theft." He added that proceeds from copyright piracy is used, "quite frankly, to fund terrorism activities." [Emphasis added]

    There you have it folks. The US Attorney General says that this technology is funding terrorism, presumably with zero-dollar bills. I don't know about you, but I'd say 99% of the intellectual property "theft" (his words, not mine) are going on TOTALLY FOR FREE.

    In fact, if they did succeed in shutting down these new technologies for the common man, you can bet that would be the only time the criminals started making massive money on this. Gonzales's plans will actually encourage criminal profits and, therefore by his logic, encourage terrorism. Gonzales is actually taking steps to put the money into this for terrorism and crime lords, not the other way around!

    So if you ever wanted damning evidence that our AG both doesn't understand the issues, and is in the back pocket of the content corporations (RIAA, etc.), and that he wants to play the "terrorism" card (like they did about Drugs)... there you go.

    • Hmmm, I don't like the drift of this...


      1. Copyright infringement == terroist support
      2. Jail time for copyright infringement
      3. Enemy combatants (terroists) == no due process
      4. Torture == Ok for terroists

      Obviously, the next steps are:
      5. ?? == Torture copyright infringers
      6. Profit!

  • What else would we expect from Grand Inquisitor Gonzales? He's the authorizer of America's torture system. Just wait until Bush, his boss/client, drops below 30% approval ratings. The policy factory will follow their smashing "Saddam = bin Laden" success with "Grokster = Qaeda". Terrorists will finally get their due in copyright violation "chatrooms" hidden among our medieval "allies" around the world. Bring 'em on!
  • by werewolf1031 ( 869837 ) on Sunday November 13, 2005 @01:35PM (#14021102)
    Let's not also forget Attorney General Alberto Gonzales' hardline stance against porn depicting consenting adults [law.com] as well. This is someone who is clearly the most dangerous man for the job.

    And I'm speaking as a moderate conservative. This guy scares the shit outa me.
  • Compromise! (Score:5, Insightful)

    by dada21 ( 163177 ) * <adam.dada@gmail.com> on Sunday November 13, 2005 @01:51PM (#14021179) Homepage Journal
    I'll accept any law as long as I get back the following:

    1. Every jury is composed of a truly random selection of my peers -- people from my community who know me and can judge if I am a criminal

    2. Every jury is notified of their right to jury nullification. They can judge not only the defendant, but the law.

    3. Every arrest is preceded by the charge of two witnesses, and the idea of "the People versus" goes away.

    4. The penalties for any crimes are tripled for any employee of any government branch.
    • I'll accept any law as long as I get back the following:

      2. Every jury is notified of their right to jury nullification. They can judge not only the defendant, but the law.

      The problem with this is that it would lead to many more cases of the jury judging the victim, rather than the defendant or the law. We've had this happen before, such as when white juries would acquit white people accused of crimes against black people in the South, because the victim was black.

      Do you really want a system where peo

      • Re:Compromise! (Score:3, Interesting)

        by argoff ( 142580 )

        The problem with this is that it would lead to many more cases of the jury judging the victim, rather than the defendant or the law. We've had this happen before, such as when white juries would acquit white people accused of crimes against black people in the South, because the victim was black.

        The solution to that would be to find less baised jurors, not to deny jury nullification. Besides it goes both ways, without jurry nullification, jurors may be compelled to uphold and enforce racist laws. One of

  • by freidog ( 706941 ) on Sunday November 13, 2005 @02:57PM (#14021510)
    didn't stop prolific copyright violations...

    So myabe putting them in jail will, that'll be sure to make everyone buy more CDs!

    I'd expect this from The Onion or the Daily Show, not the US Atorney General's office... *sigh*
  • by aepervius ( 535155 ) on Sunday November 13, 2005 @03:37PM (#14021682)
    I propose harsher punishement for CEO breaking law, and corrupt politician. At the first offense they should get prison for life. After all when they break the law, their action impact negatively of a LOT of people, so they should get cumulative punishment for the amount of people influenced by their action. Small CEO, 10 people : X Year of prison without parol. Medium CEO 100 people, 10*X Year without parol. Big CEO 3500 persons, 350*X year of prison without parol. Same ofr plitics. Break the law in a town of 100 : 1 week of prison per people. Do it in new york...

    Think this is stupid ? Well compare the crimes above with copyright infrigement, and compare their negative impact on the citizen... And ince copyright infrigement cam be made worst by the number of copy shared , why not the crime above ?

    Yes I am fantasming here. Actualy maybe make the crime for copyrighrt infrigement worst. First offense cut a hand. Second offense : cut second hand. etc... Maybe "citizen" will tehn start reacting.
  • by Lost+Found ( 844289 ) on Sunday November 13, 2005 @04:56PM (#14022065)
    To me, this speaks to a much bigger problem than so-called "intellectual property" (quoted because I agree with Stallman that the term is absolute propoganda BS).

    Recently, Denver became the first city to pass legislation that totally legalizes the possession of up to an ounce of marijuana by adults 21 years and older. This happened because anti-WoD organizations got the bill up for public consideration, and finally, the citizens voted in favor of it.

    Of course, possession is still illegal in the state, and also on the federal law, so it's still not really 'legal'. What bothered me so much about the news is the psychotic response from the government, saying "We will still jail you under state law!" in a very draconian tone.

    The big point here is that this is supposed to be a government by the people, for the people.

    The people have fucking spoken, and you've openly told them that you're going to ignore their will?

    Anyone have any statistics on this so-called P2P epedemic? It seems to me that with the excessively large number of Americans (hell, people WORLD WIDE) that actively participate in P2P, it's the system of content distribution that needs to change -- not the further criminalization of the practice!

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